As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-EVANS- 11
WOMER BENJAMIN-WINKLER-HARRIS-HAINES-BATEMAN-AUSTRIA-
KRUPINSKI-SYKES-OLMAN-JOLIVETTE-DAMSCHRODER-R.MILLER-HEALY 12
_________________________________________________________________ 13
A B I L L
To amend sections 109.081, 111.18, 117.14, 117.44, 15
117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 16
120.28, 120.33, 122.011, 124.04, 124.07, 125.023,
125.04, 125.15, 125.28, 126.12, 126.21, 126.25, 17
126.31, 126.32, 127.16, 131.01, 149.30, 166.03, 18
166.05, 169.03, 173.35, 307.851, 307.98, 311.01,
329.04, 329.06, 329.12, 340.03, 901.41, 901.62, 21
901.63, 1155.07, 1155.10, 1155.13, 1163.09,
1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 22
1507.01, 1507.12, 1509.02, 1509.071, 1513.30, 23
1515.091, 1521.04, 2151.36, 2305.232, 2949.17,
2949.19, 2949.20, 2949.201, 3109.17, 3109.18, 25
3375.90, 3383.08, 3517.152, 3701.04, 3701.261,
3701.262, 3701.263, 3701.99, 3702.52, 3702.57, 27
3702.58, 3702.68, 3705.24, 3721.31, 3721.33, 28
3722.01, 3722.011, 3722.10, 3722.15, 3722.16, 29
3734.02, 3734.05, 3734.06, 3734.57, 3734.82, 30
3734.87, 3734.901, 3742.03, 3742.04, 3742.05, 31
3742.08, 3742.19, 3745.11, 3748.07, 3748.13, 32
3750.02, 3793.08, 3793.10, 3793.12, 4105.17,
4112.12, 4115.34, 4163.07, 4301.10, 4301.30, 34
4301.43, 4501.27, 4511.191, 4511.83, 4703.36,
4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 36
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 37
2
4725.16, 4725.17, 4729.54, 4730.11, 4731.281, 39
4732.05, 4732.14, 4735.06, 4735.07, 4735.09,
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 40
4747.05, 4747.06, 4747.07, 4747.10, 4747.13, 41
4759.05, 4759.06, 4766.02, 4766.04, 4766.05, 42
4766.07, 4773.04, 4905.80, 4937.02, 4981.09,
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 43
5101.83, 5101.93, 5104.30, 5104.34, 5104.38,
5107.02, 5107.05, 5107.10, 5107.16, 5107.18, 44
5107.22, 5107.24, 5107.26, 5107.28, 5107.541, 45
5107.60, 5107.72, 5111.01, 5111.113, 5112.03,
5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 46
5115.01, 5117.07, 5117.09, 5119.16, 5119.61, 47
5123.60, 5139.27, 5139.271, 5139.28, 5139.281, 49
5502.21, 5502.22, 5502.25, 5502.28, 5502.34,
5703.05, 5703.21, 5709.62, 5709.63, 5709.632, 50
5709.83, 5733.05, 5733.33, 5739.31, 5743.08, 51
5743.14, 5743.55, 5743.59, 5743.99, 5747.11,
5749.02, 5907.11, 5907.13, 5907.141, 5907.15, 52
6109.01, 6109.21, and 6119.10; to amend, for the 53
purpose of adopting new section numbers as
indicated in parentheses, sections 3701.261 54
(3335.60), 3701.262 (3335.61), and 3701.263
(3335.62); to enact sections 9.08, 117.441, 56
121.481, 122.19, 122.20, 122.21, 122.22, 131.39,
166.032, 173.011, 329.023, 329.041, 329.07, 58
1181.18, 1501.25, 3335.99, 3353.06, 3701.043, 59
3701.044, 3702.111, 3721.025, 4112.15, 4115.101,
4117.24, 4723.282, 5101.331, 5101.34, 5101.341, 60
5101.342, 5101.343, 5101.50, 5101.501, 5101.502, 61
5101.51, 5101.511, 5101.512, 5101.513, 5101.514,
5101.515, 5101.516, 5101.517, 5101.518, 5104.341, 62
5107.11, 5107.161, 5107.162, 5107.17, 5111.014, 63
5111.025, 5111.101, 5117.071, 5145.19, and 64
3
5145.20; and to repeal sections 101.64, 1155.131,
1163.17, 4121.07, 5107.77, and 5115.08 of the 65
Revised Code; and to amend Section 5 of Am. Sub. 66
S.B. 50 of the 121st General Assembly, as
subsequently amended; to amend Section 153 of Am. 68
Sub. H.B. 117 of the 121st General Assembly, as 69
subsequently amended; to amend Section 3 of Am.
Sub. H.B. 440 of the 121st General Assembly, as 70
subsequently amended; to amend Section 3 of Am.
Sub. H.B. 215 of the 122nd General Assembly; to 71
amend Sections 3.01, 3.03, 21, and 30.25 of Am. 72
Sub. H.B. 850 of the 122nd General Assembly; to
amend Section 3 of Am. Sub. H.B. 621 of the 122nd 74
General Assembly; to amend Section 4 of Sub. H.B. 75
167 of the 121st General Assembly, as
subsequently amended; to amend Section 4 of Sub. 76
H.B. 167 of the 121st General Assembly, as
subsequently amended, for the purpose of changing 77
its number to section 5101.86; to repeal Section 78
50.48 of Am. Sub. H.B. 215 of the 122nd General 79
Assembly; to repeal Section 25 of Am. Sub. H.B.
650 of the 122nd General Assembly; and to repeal 81
Section 17.03 of Am. Sub. H.B. 850 of the 122nd 82
General Assembly to make operating appropriations 83
for the biennium beginning July 1, 1999, and 84
ending June 30, 2001, and to provide
authorization and conditions for the operation of 85
state programs, and to terminate the Muskingum 87
River Advisory Council on December 31, 2002, by
repealing section 1501.25 of the Revised Code on 88
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 90
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Section 1. That sections 109.081, 111.18, 117.14, 117.44, 92
117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 120.28, 120.33, 93
122.011, 124.04, 124.07, 125.023, 125.04, 125.15, 125.28, 126.12, 95
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, 97
329.12, 340.03, 901.41, 901.62, 901.63, 1155.07, 1155.10, 99
1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 100
1507.01, 1507.12, 1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 101
2151.36, 2305.232, 2949.17, 2949.19, 2949.20, 2949.201, 3109.17, 103
3109.18, 3375.90, 3383.08, 3517.152, 3701.04, 3701.261, 3701.262, 104
3701.263, 3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 3705.24, 105
3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 3722.15, 3722.16, 106
3734.02, 3734.05, 3734.06, 3734.57, 3734.82, 3734.87, 3734.901, 108
3742.03, 3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 3748.07, 109
3748.13, 3750.02, 3793.08, 3793.10, 3793.12, 4105.17, 4112.12, 110
4115.34, 4163.07, 4301.10, 4301.30, 4301.43, 4501.27, 4511.191, 111
4511.83, 4703.36, 4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 114
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 115
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 116
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 118
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 119
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4937.02, 4981.09, 120
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 5101.83, 5101.93, 121
5104.30, 5104.34, 5104.38, 5107.02, 5107.05, 5107.10, 5107.16, 122
5107.18, 5107.22, 5107.24, 5107.26, 5107.28, 5107.541, 5107.60, 123
5107.72, 5111.01, 5111.113, 5112.03, 5112.06, 5112.07, 5112.08, 124
5112.09, 5112.17, 5115.01, 5117.07, 5117.09, 5119.16, 5119.61, 125
5123.60, 5139.27, 5139.271, 5139.28, 5139.281, 5502.21, 5502.22, 126
5502.25, 5502.28, 5502.34, 5703.05, 5703.21, 5709.62, 5709.63, 128
5709.632, 5709.83, 5733.05, 5733.33, 5739.31, 5743.08, 5743.14, 129
5743.55, 5743.59, 5743.99, 5747.11, 5749.02, 5907.11, 5907.13, 131
5907.141, 5907.15, 6109.01, 6109.21, and 6119.10 be amended; 132
sections 3701.261 (3335.60), 3701.262 (3335.61), and 3701.263 133
(3335.62) be amended for the purpose of adopting new section 134
5
numbers as indicated in parentheses; Section 4 of Sub. H.B. 167 135
of the 121st General Assembly, as amended by Sub. H.B. 710 of the 136
121st General Assembly and Am. Sub. H.B. 215 of the 122nd General 137
Assembly, be amended and renumbered as section 5101.86; and 139
sections 9.08, 117.441, 121.481, 122.19, 122.20, 122.21, 122.22,
131.39, 166.032, 173.011, 329.023, 329.041, 329.07, 1181.18, 141
1501.25, 3335.99, 3353.06, 3701.043, 3701.044, 3702.111, 142
3721.025, 4112.15, 4115.101, 4117.24, 4723.282, 5101.331, 143
5101.34, 5101.341, 5101.342, 5101.343, 5101.50, 5101.501, 145
5101.502, 5101.51, 5101.511, 5101.512, 5101.513, 5101.514,
5101.515, 5101.516, 5101.517, 5101.518, 5104.341, 5107.11, 146
5107.161, 5107.162, 5107.17, 5111.014, 5111.025, 5111.101, 147
5117.071, 5145.19, and 5145.20 of the Revised Code be enacted to 149
read as follows:
Sec. 9.08. THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL 151
CONDUCT AN ONGOING STUDY TO MONITOR THE PERFORMANCE OF ALL STATE 152
CORRECTIONAL FACILITIES THAT ARE PRIVATELY OPERATED AND MANAGED 153
PURSUANT TO SECTION 9.06 OF THE REVISED CODE, INCLUDING THE 154
FACILITIES LOCATED IN THE MUNICIPAL CORPORATIONS OF CONNEAUT AND 156
GRAFTON. THE DEPARTMENT SHALL DELINEATE THE SCOPE OF THE STUDY 157
AND MAY REVISE THE SCOPE OF THE STUDY WHEN APPROPRIATE. THE 158
DEPARTMENT SHALL MAKE REGULAR REPORTS CONTAINING THE FINDINGS OF 160
THE STUDY TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE 161
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER 162
OF THE SENATE. THE DEPARTMENT SHALL SUBMIT A REPORT AT LEAST 163
ONCE PER YEAR BUT MAY SUBMIT REPORTS AT MORE FREQUENT INTERVALS. 164
IN EACH REPORT, THE DEPARTMENT SHALL DESCRIBE THE CURRENT SCOPE 165
OF THE STUDY.
Sec. 109.081. Nine UP TO ELEVEN per cent of all amounts 174
collected by the attorney general, whether by employees or agents 176
of the attorney general or by special counsel pursuant to section 177
109.08 of the Revised Code, on claims due the state shall be paid 178
into the state treasury to the credit of the attorney general
claims fund, which is hereby created. THE ATTORNEY GENERAL, 179
6
AFTER CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, 180
SHALL DETERMINE THE EXACT PERCENTAGE OF THOSE COLLECTED AMOUNTS 181
THAT SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 182
FUND. The fund shall be used for the payment of expenses 184
incurred by the office of the attorney general.
Sec. 111.18. (A) The secretary of state shall keep a 193
record of all fees collected by the secretary of state and, 194
except as otherwise provided in this section and in sections 195
1309.401 and 1329.68 and division (C)(2) of section 3506.05 of 196
the Revised Code, shall pay, THROUGH JUNE 30, 2001, FIFTY PER 198
CENT OF them into the state treasury to the credit of the general 200
revenue fund AND FIFTY PER CENT OF THEM INTO THE STATE TREASURY 201
TO THE CREDIT OF THE CORPORATE AND UNIFORM COMMERCIAL CODE FILING 202
FUND CREATED UNDER SECTION 1309.401 OF THE REVISED CODE AND SHALL 203
PAY, ON AND AFTER JULY 1, 2001, ALL OF THEM INTO THE STATE 204
TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND. The
following THROUGH JUNE 30, 2001, ALL OF THE fees COLLECTED UNDER 207
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 210
corporate and uniform commercial code filing fund created in 212
section 1309.401 of the Revised Code. ON AND AFTER JULY 1, 2001, 213
THE FOLLOWING FEES SHALL BE PAID INTO THE STATE TREASURY TO THE 214
CREDIT OF THAT CORPORATE AND UNIFORM COMMERCIAL CODE FILING FUND: 215
(1) Twenty-five dollars of each fee collected under 217
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of 219
the Revised Code;
(2) Twenty-five dollars of each fee collected under 221
division (C) of section 1703.031 of the Revised Code; 223
(3) All fees collected under divisions (I)(2) and (N) of 226
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the 228
Revised Code; 229
(5) Each fifty-dollar fee for amendments filed by foreign 231
nonprofit corporations under section 1703.27 of the Revised Code. 233
7
(B) The secretary of state may implement a credit card 235
payment program permitting payment of any fee charged by the 236
secretary of state by means of a credit card. The secretary of 237
state may open an account outside the state treasury in a 238
financial institution for the purpose of depositing credit card 239
receipts. Within forty-eight hours following the deposit of the 241
receipts, the financial institution shall make available to the 242
secretary of state funds in the amount of the receipts. The 243
secretary of state shall then pay these funds into the state
treasury to the credit of the general revenue fund, except as 244
otherwise provided by the Revised Code. 245
The secretary of state may pay the cost of any service 247
charge required by a financial institution or credit card company 248
in connection with a credit card payment program. 249
The secretary of state shall adopt rules as necessary to 251
carry out the purposes of this division. The rules shall include 252
standards for determining eligible financial institutions and the 253
manner in which funds shall be made available and shall be 254
consistent with the standards contained in sections 135.03, 255
135.18, and 135.181 of the Revised Code. 256
Sec. 117.14. A biennial AN ANNUAL audit of the office of 265
the auditor of state shall be made by an independent certified 267
public accountant appointed by a committee consisting of the 268
governor and the chairmen CHAIRPERSONS of the finance committees 269
of the senate and the house of representatives. The committee 271
shall make the appointment by the second Monday of October in 272
each odd-numbered THIRTY-FIRST DAY OF MARCH IMMEDIATELY PRECEDING 273
THE LAST DAY OF THE FISCAL year TO BE AUDITED and shall prescribe 275
the contract terms of the audit, which shall cover the period 277
beginning the second Monday of January of the current year and 278
ending the day preceding the second Monday of January of the next 279
odd-numbered year.
Not later than six months after the end of the biennial 281
period examined ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER, the 283
8
accountant shall submit a report of his THE audit COMPLETED UNDER 284
THIS SECTION FOR THE IMMEDIATELY PRECEDING FISCAL YEAR to each 285
member of the committee. One copy OF THE AUDIT REPORT shall be 286
filed with the state library for public inspection. An THE audit 287
report completed pursuant to this section is not a public record 288
under section 149.43 of the Revised Code until it is filed with 289
the state library. 290
The records of the auditor of state shall be made available 292
to the accountant. The accountant shall be paid from the general 293
revenue fund from an appropriation made for that purpose to the 294
office of budget and management. 295
If an auditor of state is for any reason unable to complete 297
his statutory term of office, there shall be an audit of the 299
office in addition to and in the same manner as the biennial 300
audit provided for in this section. 301
Sec. 117.44. To enhance local officials' background and 310
working knowledge of government accounting, budgeting and 311
financing, financial report preparation, and the rules adopted by 312
the auditor of state, the auditor of state shall hold training 313
programs for persons elected for the first time as township 314
clerks, city auditors, and village clerks, between the first day 315
of December and the fifteenth day of February immediately 316
following a general election for any of these offices. Similar 317
training may also be provided to any township clerk, city 318
auditor, or village clerk who is appointed to fill a vacancy or 319
who is elected in a special election. 320
The auditor of state also shall develop and provide an 322
annual training program of continuing education for village 323
clerks.
The auditor of state shall determine the manner, content, 325
and length of the training programs after consultation with 326
appropriate statewide organizations of local governmental 327
officials. The auditor of state shall charge the political 328
subdivisions that the trainees represent a registration fee that 329
9
will meet actual and necessary expenses of the training, 330
including instructor fees, site acquisition costs, and the cost 331
of course materials. The necessary personal expenses incurred by 332
the officials as a result of attending the training program shall 333
be borne by the political subdivisions they represent. 334
The auditor of state shall allow any other interested 336
person to attend any of the training programs that the auditor of 337
state holds pursuant to this section; provided, that before 339
attending any such training program, the interested person shall 340
pay to the auditor of state the full registration fee that the 341
auditor of state has set for the training program. 342
There is hereby established in the state treasury the 344
auditor of state training program fund, to be used by the auditor 345
of state for the actual and necessary expenses of any training 346
programs held pursuant to this section, SECTION 117.441, or 348
section 321.46 of the Revised Code. All registration fees 350
collected under this section shall be paid into the fund. 351
Sec. 117.441. THE AUDITOR OF STATE SHALL CONDUCT A 353
FIDUCIARY TRAINING PROGRAM FOR MEMBERS AND EMPLOYEES OF STATE 354
BOARDS AND COMMISSIONS. THE PROGRAM SHALL BE OFFERED AT LEAST 355
ANNUALLY. THE AUDITOR OF STATE SHALL DETERMINE THE MANNER AND 356
CONTENT OF THE PROGRAM AND MAY CHARGE A REGISTRATION FEE TO 357
DEFRAY THE ACTUAL AND NECESSARY EXPENSES OF THE PROGRAM. 358
MEMBERS AND EMPLOYEES OF STATE BOARDS AND COMMISSIONS MAY 360
ATTEND THE FIDUCIARY TRAINING PROGRAM OFFERED UNDER THIS SECTION. 361
IF A REGISTRATION FEE IS CHARGED FOR THE PROGRAM, THE AUDITOR OF 363
STATE SHALL DEPOSIT IT INTO THE AUDITOR OF STATE TRAINING PROGRAM 364
FUND ESTABLISHED UNDER SECTION 117.44 OF THE REVISED CODE. 365
Sec. 117.45. (A) The auditor of state shall draw warrants 374
against the treasurer of state pursuant to all requests for 375
payment that the director of budget and management has approved 376
under section 126.07 of the Revised Code. 377
(B) Unless the director of human services has provided for 379
the making of payments by electronic benefit transfer, if a 380
10
financial institution and account have been designated by the 381
participant or recipient, payment by the auditor of state to a 382
participant in the Ohio works first program pursuant to Chapter 384
5107. of the Revised Code or a recipient of disability assistance 386
pursuant to Chapter 5115. of the Revised Code shall be made by 387
direct deposit to the account of the participant or recipient in 388
the financial institution. Payment by the auditor of state to a 390
recipient of public assistance BENEFITS DISTRIBUTED THROUGH THE 391
MEDIUM OF ELECTRONIC BENEFIT TRANSFER pursuant to section 5101.33 392
of the Revised Code shall be by electronic benefit transfer. 393
Payment by the auditor of state as compensation to an employee of 395
the state who has, pursuant to section 124.151 of the Revised 396
Code, designated a financial institution and account for the 397
direct deposit of such payments shall be made by direct deposit 398
to the account of the employee. Payment to any other payee who 399
has designated a financial institution and account for the direct 400
deposit of such payment may be made by direct deposit to the 401
account of the payee in the financial institution as provided in 402
section 9.37 of the Revised Code. The auditor of state shall 403
contract with an authorized financial institution for the 404
services necessary to make direct deposits or electronic benefit 405
transfers under this division and draw lump sum warrants payable 406
to that institution in the amount to be transferred. Accounts 407
maintained by the auditor of state or the auditor of state's 408
agent in a financial institution for the purpose of effectuating 409
payment by direct deposit or electronic benefit transfer shall be 410
maintained in accordance with section 135.18 of the Revised Code. 411
(C) All other payments from the state treasury shall be 413
made by paper warrants OR BY DIRECT DEPOSIT payable to the 414
respective payees. The auditor of state may mail the paper 416
warrants to the respective payees or distribute them through 417
other state agencies, whichever the auditor of state determines 418
to be the better procedure.
(D) If the average per transaction cost the auditor of 420
11
state incurs in making direct deposits for a state agency exceeds 421
the average per transaction cost the auditor of state incurs in 423
drawing paper warrants for all public offices during the same 424
period of time, the auditor of state may certify the difference 425
in cost and the number of direct deposits for the agency to the 427
director of administrative services. The director shall 428
reimburse the auditor of state for such additional costs and add 429
the amount to the processing charge assessed upon the state 430
agency.
Sec. 118.01. As used in this chapter: 439
(A) "Advance tax payment notes" means the notes authorized 441
by section 118.24 of the Revised Code. 442
(B) "Appropriation measure" means any appropriation 444
measure, amendment of an appropriation measure, or supplement to 445
an appropriation measure of a municipal corporation, county, or 447
township referred to in sections 5705.38 and 5705.40 of the 448
Revised Code and any other action of a municipal corporation, 449
county, or township authorizing expenditure of money not 450
previously included in any appropriation measure. 451
(C) "Bond anticipation notes" means notes issued in 453
anticipation of the issuance of bonds. 454
(D) "Certificate of estimated resources" means the 456
official certificate of estimated resources of the county budget 457
commission and amendments of the certificate certified to the 458
municipal corporation, county, or township as provided for in 460
Chapter 5705. of the Revised Code. 461
(E) "Commission" means a financial planning and 463
supervision commission created by section 118.05 of the Revised 464
Code with respect to a municipal corporation, county, or 466
township.
(F) "Construction funds" means proceeds from the sale of 468
debt obligations restricted by law or pursuant to the proceedings 469
for the issuance of such debt obligations to use for permanent 470
improvements as defined in division (E) of section 5705.01 of the 471
12
Revised Code, including acquisition, construction, or extension 472
of public utilities, and moneys from any other sources restricted 473
to such purpose. 474
(G) "County auditor" means the county auditor with whom 476
tax budgets of the municipal corporation, county, or township are 479
to be filed in accordance with section 5705.30 of the Revised 480
Code.
(H) "County budget commission" means the county budget 482
commission to which the tax budget of the municipal corporation, 484
county, or township is to be submitted in accordance with section 485
5705.31 of the Revised Code.
(I) "Current revenue notes" means debt obligations 487
described in section 133.10 or Chapter 5705. of the Revised Code 488
or any other debt obligations issued to obtain funds for current 489
operating expenses. 490
(J) "Debt limits" means the limitations on net 492
indebtedness provided in sections 133.05, 133.07, and 133.09 of 494
the Revised Code, and also includes the limitation, known as the 495
"indirect debt limit," upon the issuance of unvoted bonds, notes, 496
or certificates of indebtedness resulting from the ten-mill 497
limitation provided for in section 5705.02 of the Revised Code. 498
(K) "Debt obligations" means bonds, notes, certificates of 500
indebtedness, bond anticipation notes, current revenue notes, 501
local government fund notes, or other obligations issued or 502
incurred in borrowing money, or to renew, refund, fund, or 503
refinance, or issued in exchange for, such obligations, and any 504
interest coupons pertaining thereto other than bonds or other 505
obligations issued under authority of Section 13 of Article VIII, 506
Ohio Constitution. 507
(L) "Default" means failure to pay the principal of or the 509
interest on a debt obligation, or failure to make other payment 510
to be made to the holder or owner of a debt obligation, in the 511
full amount and at the time provided for in the contractual 512
commitment with respect thereto, unless the time for such payment 513
13
has been extended by the owner or holder of the debt obligation 514
without penalty or premium and without the effect of subjecting 515
the municipal corporation, county, or township to the initiation 517
of remedies pertaining to such debt obligation or other debt 518
obligations.
(M) "Deficit fund" means the general fund or any special 520
fund that, as at the time indicated, has a deficit balance or a 521
balance that is less than the amount required to be in such fund 522
pursuant to law or pursuant to contractual requirements, 523
demonstrating that over a period of time expenditures charged or 524
chargeable to the fund have exceeded moneys credited to the fund, 525
or that moneys credited to the fund have not been in the amounts 526
required by law or contractual requirements. 527
(N) "Effective financial accounting and reporting system" 529
means an accounting and reporting system fully in compliance with 530
the requirements prescribed by and pursuant to Chapter 117. of 531
the Revised Code, with such modifications and supplements as are 532
to be provided pursuant to this chapter in order to meet and deal 533
with the fiscal emergency, provide to the auditor of state, the 534
commission, the financial supervisor, and the county budget 535
commission the information needed to carry out their functions, 536
and better ensure the implementation of the financial plan. 537
(O) "Financial plan" means the financial plan approved by 539
the commission in accordance with section 118.06 of the Revised 540
Code, as it may from time to time be amended in accordance with 541
this chapter. 542
(P) "Financial supervisor" means the auditor of state or a 545
firm of certified public accountants retained by a financial 546
planning and supervision commission pursuant to division (G) of 547
section 118.05 of the Revised Code with respect to a municipal 548
corporation, county, or township. 549
(Q) "Fiscal emergency" means the existence of fiscal 551
emergency conditions determined as provided in section 118.04 of 552
the Revised Code. 553
14
(R) "Fiscal emergency conditions" means any of the events 555
or occurrences described in section 118.03 of the Revised Code. 556
(S) "Fiscal emergency period" means the period of time 558
commencing on the date when the determination of a fiscal 559
emergency is made by the auditor of state pursuant to section 560
118.04 of the Revised Code and ending when the determination of 561
termination is made and certified pursuant to section 118.27 of 562
the Revised Code. 563
(T) "Fiscal watch" means the existence of fiscal watch 565
conditions as determined in accordance with section 118.022 of 566
the Revised Code.
(U) "Fiscal officer" means the fiscal officer of the 568
municipal corporation, county, or township as defined in division 570
(D) of section 5705.01 of the Revised Code. 571
(V) "Fringe benefits" means expenditures for goods and 573
services furnished to municipal, county, or township officers or 574
employees by the municipal corporation, county, or township, 576
including, but not limited to, such benefits as food, temporary 578
housing, and clothing, and the provision of pension, retirement, 579
disability, hospitalization, health care, insurance, or other 580
benefits to employees requiring the advance payment of money 581
other than directly to employees or other beneficiaries, or the 582
deposit or reservation of money for such purpose. 583
(W) "General fund" means the fund referred to in division 585
(A) of section 5705.09 of the Revised Code. 586
(X) "General fund budget" means aggregate revenues 588
available in the general fund during the applicable fiscal year 589
as shown by the certificate of estimated resources. 590
(Y) "Mayor" means the officer of the municipal corporation 593
designated as such by law or the chief executive officer under 594
the charter of the municipal corporation. 595
(Z) "Payroll" means compensation due and payable to 597
employees of the municipal corporation, county, or township, 599
other than fringe benefits.
15
(AA) "Revenue estimates" means the estimates of revenue 601
receipts to the credit of the general fund and special funds as 602
estimated and supplemented, modified, or amended by the municipal 604
corporation, county, or township, or the county budget 605
commission.
(BB) "Special funds" means any of the funds, other than 607
the general fund, referred to in sections 5705.09 and 5705.12 of 608
the Revised Code, and includes any fund created from the issuance 609
of debt obligations pursuant to Section 3 or 12 of Article XVIII, 610
Ohio Constitution, and any fund created in connection with the 611
issuance of debt obligations to provide moneys for the payment of 612
principal or interest, reserves therefor, or reserves or funds 613
for repair, maintenance, or improvements. 614
(CC) "Tax budget" means the tax budget provided for in 616
section 5705.28 of the Revised Code. 617
Sec. 118.05. (A) Pursuant to the powers of the general 626
assembly and for the purposes of this chapter, upon the 627
occurrence of a fiscal emergency in any municipal corporation, 629
county, or township, as determined pursuant to section 118.04 of 630
the Revised Code, there is established, with respect to that 631
municipal corporation, county, or township, a body both corporate 633
and politic constituting an agency and instrumentality of the 634
state and performing essential governmental functions of the 635
state to be known as the "financial planning and supervision
commission for ............... (name of municipal corporation, 636
county, or township)," which, in that name, may exercise all 638
authority vested in such a commission by this chapter. A 639
separate commission is established with respect to each municipal 640
corporation, county, or township as to which there is a fiscal 641
emergency as determined under this chapter. 642
(B) A ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A 644
commission shall consist of the following seven FIVE voting 646
members:
(1) Four THREE ex officio members: the treasurer of 649
16
state,; the director of budget and management,; in the case of a 650
municipal corporation, the mayor of the municipal corporation and 652
the presiding officer of the legislative authority of the 653
municipal corporation,; in the case of a county, the president of 654
the board of county commissioners and the county auditor,; and in 655
the case of a township, a member of the board of township 657
trustees and the county auditor.
The treasurer of state may designate a deputy treasurer or 659
director within the office of the treasurer of state OR ANY OTHER 660
APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE OF THE TREASURER OF 661
STATE'S OFFICE; the director of budget and management may 663
designate an individual within the office of budget and 664
management OR ANY OTHER APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE 665
OF THE OFFICE OF BUDGET AND MANAGEMENT; the mayor may designate a 666
responsible official within his THE MAYOR'S office or the fiscal 668
officer of the municipal corporation; the presiding officer of 670
the legislative authority of the municipal corporation may 671
designate any other member of the legislative authority; the 673
board of county commissioners may designate any other member of 674
the board or the fiscal officer of the county; and the board of 675
township trustees may designate any other member of the board or 676
the fiscal officer of the township to attend the meetings of the 677
commission when the ex officio member making the designation is 678
absent or unable for any reason to attend. A designee, when 679
present, shall be counted in determining whether a quorum is 680
present at any meeting of the commission and may vote and 681
participate in all proceedings and actions of the commission. 682
The designations shall be in writing, executed by the EX OFFICIO 683
member OR ENTITY making the designation, and filed with the 685
secretary of the commission. The designations may be changed 686
from time to time in like manner, but due regard shall be given 687
to the need for continuity.
(2) Three TWO members nominated and appointed as follows: 689
The mayor and presiding officer of the legislative 691
17
authority of the municipal corporation, the board of county 693
commissioners, or the board of township trustees shall, within
ten days after the determination of the fiscal emergency by the 695
auditor of state under section 118.04 of the Revised Code, submit 696
in writing to the governor the nomination of five FOUR persons 697
agreed to by them and meeting the qualifications set forth in 699
this division. If the governor is not satisfied that at least 700
three TWO of the nominees are well qualified, the governor shall 702
notify the mayor and presiding officer, or the board of county 704
commissioners, or the board of township trustees to submit in 705
writing, within five days, additional nominees agreed upon by 706
them, not exceeding three. The governor shall appoint three TWO 707
members from all the agreed-upon nominees so submitted or a 708
lesser number that the governor considers well qualified WITHIN 710
THIRTY DAYS AFTER RECEIPT OF THE NOMINATIONS, and shall fill any 712
remaining positions on the commission by appointment of any other 713
persons meeting the qualifications set forth in this division. 714
All appointments by the governor shall be made with the advice 715
and consent of the senate. Each of the three TWO appointed 716
members shall serve during the life of the commission, subject to 718
removal by the governor for misfeasance, nonfeasance, or 719
malfeasance in office. In the event of the death, resignation, 720
incapacity, removal, or ineligibility to serve of an appointed 721
member, the governor, pursuant to the process for original 722
appointment, shall appoint a successor. 723
Each ONE of the three TWO appointed members shall be an 726
individual:
(a) Who WHO has knowledge and experience in financial 728
matters, financial management, or business organization or 729
operations, including at least five years of experience in the 730
private sector in the management of business or financial 731
enterprise, or in management consulting, public accounting, or 732
other professional activity; 733
(b) Whose residency, office, or principal place of 735
18
professional or business activity is situated within. ONE OF THE 737
TWO APPOINTED MEMBERS SHALL BE A RESIDENT OF the municipal 738
corporation, county, or township;.
(c) Who NEITHER OF THE TWO APPOINTED MEMBERS SHALL BE A 740
PERSON WHO has not, at any time during the five years preceding 742
the date of appointment, held any elected public office. AN 743
An appointed member of the commission shall not become a 745
candidate for elected public office while serving as a member of 746
the commission. 747
(C) Immediately after appointment of the initial three TWO 749
appointed members of the commission, the governor shall call the 750
first meeting of the commission and shall cause written notice of 751
the time, date, and place of the first meeting to be given to 752
each member of the commission at least forty-eight hours in 753
advance of the meeting. 754
(D) The commission DIRECTOR OF BUDGET AND MANAGEMENT shall 756
elect one of its members SERVE as chairperson and another OF THE 758
COMMISSION. THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO 759
SERVE as vice-chairperson, and may appoint a secretary and any 761
other officers, who need not be members of the commission, it 762
considers necessary.
(E) The commission may adopt and alter bylaws and rules, 764
which shall not be subject to section 111.15 or Chapter 119. of 765
the Revised Code, for the conduct of its affairs and for the 766
manner, subject to this chapter, in which its powers and 767
functions shall be exercised and embodied. 768
(F) Five THREE members of the commission constitute a 770
quorum of the commission. The affirmative vote of five THREE 771
members of the commission is necessary for any action taken by 773
vote of the commission. No vacancy in the membership of the 774
commission shall impair the rights of a quorum by such vote to 775
exercise all the rights and perform all the duties of the 776
commission. Members of the commission, and their designees, are 777
not disqualified from voting by reason of the functions of the 778
19
other office they hold and are not disqualified from exercising 779
the functions of the other office with respect to the municipal 780
corporation, county, or township, its officers, or the 782
commission.
(G) The commission shall retain a AUDITOR OF STATE SHALL 784
SERVE AS THE "financial supervisor." TO THE COMMISSION UNLESS THE 786
AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. As used in 788
this chapter, "financial supervisor" means the auditor of state
or a firm of certified public accountants with demonstrated 790
professional competence in matters relating to this chapter, 791
engaged by the commission pursuant to a contract approved by the 792
controlling board. 793
(H) At the request of the commission, the auditor of state 795
shall designate employees of the auditor of state's office to 797
assist the commission and the financial supervisor and to 798
coordinate the work of the auditor of state's office and the 799
financial supervisor. Upon the determination of a fiscal 800
emergency in any municipal corporation, county, or township, the 801
municipal corporation, county, or township shall provide the 803
commission with such reasonable office space in the principal 804
building housing city, county, or township government, where 806
feasible, as it determines is necessary to carry out its duties 807
under this chapter.
(I) The financial supervisor, the members of the 809
commission, the auditor of state, and any person authorized to 810
act on behalf of or assist them shall not be personally liable or 811
subject to any suit, judgment, or claim for damages resulting 812
from the exercise of or failure to exercise the powers, duties, 813
and functions granted to them in regard to their functioning 814
under this chapter, but the commission, the financial supervisor, 815
the auditor of state, and such THOSE other persons shall be 816
subject to mandamus proceedings to compel performance of their 818
duties under this chapter and with respect to any debt 819
obligations issued pursuant or subject to this chapter. 820
20
(J) At the request of the commission, the administrative 822
head of any state agency shall temporarily assign personnel 823
skilled in accounting and budgeting procedures to assist the 824
commission or the financial supervisor in its duties as financial 825
supervisor. 826
(K) The appointed members of the commission are not 828
subject to section 102.02 of the Revised Code. Each appointed 829
member of the commission shall file with the commission a signed 830
written statement setting forth the general nature of sales of 831
goods, property, or services or of loans to the municipal 833
corporation, county, or township with respect to which that 834
commission is established, in which the appointed member has a 836
pecuniary interest or in which any member of the appointed 837
member's immediate family, as defined in section 102.01 of the 838
Revised Code, or any corporation, partnership, or enterprise of 839
which the appointed member is an officer, director, or partner, 841
or of which the appointed member or a member of the appointed 843
member's immediate family, as so defined, owns more than a five 844
per cent interest, has a pecuniary interest, and of which sale, 845
loan, or interest such member has knowledge. The statement shall 846
be supplemented from time to time to reflect changes in the 847
general nature of any such sales or loans. 848
Sec. 120.04. (A) The state public defender shall serve at 857
the pleasure of the Ohio public defender commission and shall be 858
an attorney with a minimum of four years of experience in the 859
practice of law and be admitted to the practice of law in this 860
state at least one year prior to appointment. 861
(B) The state public defender shall do all of the 863
following:
(1) Maintain a central office in Columbus. The central 865
office shall be provided with a library of adequate size, 866
considering the needs of the office and the accessibility of 867
other libraries, and other necessary facilities and equipment. 868
(2) Appoint assistant state public defenders, all of whom 870
21
shall be attorneys admitted to the practice of law in this state, 871
and other personnel necessary for the operation of the state 872
public defender office. Assistant state public defenders shall 873
be appointed on a full-time basis. The state public defender, 874
assistant state public defenders, and employees appointed by the 875
state public defender shall not engage in the private practice of 876
law. 877
(3) Supervise the compliance of county public defender 879
offices, joint county public defender offices, and county 880
appointed counsel systems with standards established by rules of 881
the Ohio public defender commission pursuant to division (B) of 882
section 120.03 of the Revised Code; 883
(4) Keep and maintain financial records of all cases 885
handled and develop records for use in the calculation of direct 886
and indirect costs, in the operation of the office, and report 887
periodically, but not less than annually, to the commission on 888
all relevant data on the operations of the office, costs, 889
projected needs, and recommendations for legislation or 890
amendments to court rules, as may be appropriate to improve the 891
criminal justice system; 892
(5) Collect all moneys due the state for reimbursement for 894
legal services under this chapter and under section 2941.51 of 895
the Revised Code and institute any actions in court on behalf of 897
the state for the collection of such sums that the state public 898
defender considers advisable. Except as provided otherwise in 899
division (D) of section 120.06 of the Revised Code, all moneys 900
collected by the state public defender under this chapter and 901
section 2941.51 of the Revised Code shall be deposited in the 903
state treasury to the credit of the client payment fund, which is 904
hereby created. All moneys credited to the fund shall be used by 906
the state public defender to appoint assistant state public 907
defenders and to provide other personnel, equipment, and 908
facilities necessary for the operation of the state public 909
defender office, to reimburse counties for the operation of 910
22
county public defender offices, joint county public defender 911
offices, and county appointed counsel systems pursuant to 912
sections 120.18, 120.28, and 120.33 of the Revised Code, or to 913
provide assistance to counties in the operation of county 914
indigent defense systems.
(6) With respect to funds appropriated to the commission 916
to pay criminal costs, perform the duties imposed by section 917
SECTIONS 2949.19 AND 2949.201 of the Revised Code; 918
(7) Establish standards and guidelines for the 920
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 921
2941.51, and 2949.19 of the Revised Code, of counties for the 922
operation of county public defender offices, joint county public 923
defender offices, and county appointed counsel systems and for 924
other costs related to felony prosecutions; 925
(8) Establish maximum amounts that the state will 927
reimburse the counties pursuant to sections 120.18, 120.28, 928
120.33, and 2941.51 of the Revised Code; 929
(9) Establish maximum amounts that the state will 931
reimburse the counties pursuant to section 120.33 of the Revised 932
Code for each specific type of legal service performed by a 933
county appointed counsel system; 934
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 936
and 2949.19 of the Revised Code and make reimbursements pursuant 937
to those sections; 938
(11) Administer the program established pursuant to 940
sections 120.51 to 120.55 of the Revised Code for the charitable 941
public purpose of providing financial assistance to legal aid 942
societies. Neither the state public defender nor any of the 943
state public defender's employees who is responsible in any way 945
for the administration of that program and who performs those 946
administrative responsibilities in good faith is in any manner 948
liable if a legal aid society that is provided financial 949
assistance under the program uses the financial assistance other 950
than in accordance with sections 120.51 to 120.55 of the Revised 951
23
Code or fails to comply with the requirements of those sections. 952
(12) Establish an office for the handling of appeal and 954
postconviction matters; 955
(13) Provide technical aid and assistance to county public 958
defender offices, joint county public defender offices, and other 959
local counsel providing legal representation to indigent persons, 960
including representation and assistance on appeals. 961
(C) The state public defender may do any of the following: 963
(1) In providing legal representation, conduct 965
investigations, obtain expert testimony, take depositions, use 966
other discovery methods, order transcripts, and make all other 967
preparations which are appropriate and necessary to an adequate 968
defense or the prosecution of appeals and other legal 969
proceedings; 970
(2) Seek, solicit, and apply for grants for the operation 972
of programs for the defense of indigent persons from any public 973
or private source, and may receive donations, grants, awards, and 974
similar funds from any lawful source. Such funds shall be 975
deposited in the state treasury to the credit of the public 976
defender gifts and grants fund, which is hereby created. 977
(3) Make all the necessary arrangements to coordinate the 979
services of the office with any federal, county, or private 980
programs established to provide legal representation to indigent 981
persons and others, and to obtain and provide all funds allowable 982
under any such programs; 983
(4) Consult and cooperate with professional groups 985
concerned with the causes of criminal conduct, the reduction of 986
crime, the rehabilitation and correction of persons convicted of 987
crime, the administration of criminal justice, and the 988
administration and operation of the state public defender's 989
office; 990
(5) Accept the services of volunteer workers and 992
consultants at no compensation other than reimbursement for 993
actual and necessary expenses; 994
24
(6) Prescribe any forms that are necessary for the uniform 996
operation of this chapter; 997
(7) Contract with a county public defender commission or a 999
joint county public defender commission to provide all or any 1,000
part of the services that a county public defender or joint 1,001
county public defender is required or permitted to provide by 1,002
this chapter, or contract with a board of county commissioners of 1,003
a county that is not served by a county public defender 1,004
commission or a joint county public defender commission for the 1,005
provision of services in accordance with section 120.33 of the 1,006
Revised Code. All money received by the state public defender 1,007
pursuant to such a contract shall be credited to EITHER the 1,008
county representation fund created pursuant to division (D) of 1,009
section 120.06 of the Revised Code MULTI-COUNTY: COUNTY SHARE 1,010
FUND OR, IF RECEIVED AS A RESULT OF A CONTRACT WITH TRUMBULL 1,011
COUNTY, THE TRUMBULL COUNTY: COUNTY SHARE FUND. 1,012
(8) Authorize persons employed as criminal investigators 1,014
to attend the Ohio peace officer training academy or any other 1,015
peace officer training school for training; 1,016
(9) Procure a policy or policies of malpractice insurance 1,018
that provide coverage for the state public defender and assistant 1,019
state public defenders in connection with malpractice claims that 1,020
may arise from their actions or omissions related to 1,021
responsibilities derived pursuant to this chapter. 1,022
(D) No person employed by the state public defender as a 1,024
criminal investigator shall attend the Ohio peace officer 1,025
training academy or any other peace officer training school 1,026
unless authorized to do so by the state public defender. 1,027
Sec. 120.06. (A)(1) The state public defender, when 1,036
designated by the court or requested by a county public defender 1,037
or joint county public defender, may provide legal representation 1,038
in all courts throughout the state to indigent adults and 1,039
juveniles who are charged with the commission of an offense or 1,040
act for which the penalty or any possible adjudication includes 1,041
25
the potential loss of liberty. 1,042
(2) The state public defender may provide legal 1,044
representation to any indigent person who, while incarcerated in 1,045
any state correctional institution, is charged with a felony 1,046
offense, for which the penalty or any possible adjudication that 1,047
may be imposed by a court upon conviction includes the potential 1,048
loss of liberty. 1,049
(3) The state public defender may provide legal 1,051
representation to any person incarcerated in any correctional 1,052
institution of the state, in any matter in which the person 1,053
asserts the person is unlawfully imprisoned or detained. 1,054
(4) The state public defender, in any case in which the 1,056
state public defender has provided legal representation or is 1,057
requested to do so by a county public defender or joint county 1,058
public defender, may provide legal representation on appeal. 1,059
(5) The state public defender, when designated by the 1,061
court or requested by a county public defender, joint county 1,062
public defender, or the director of rehabilitation and 1,063
correction, shall provide legal representation in parole and 1,064
probation revocation matters, unless the state public defender 1,065
finds that the alleged parole or probation violator has the 1,066
financial capacity to retain the alleged violator's own counsel. 1,068
(6) If the state public defender contracts with a county 1,070
public defender commission, a joint county public defender 1,071
commission, or a board of county commissioners for the provision 1,072
of services, under authority of division (C)(7) of section 120.04 1,073
of the Revised Code, the state public defender shall provide 1,074
legal representation in accordance with the contract. 1,075
(B) The state public defender shall not be required to 1,077
prosecute any appeal, postconviction remedy, or other proceeding 1,078
pursuant to division (A)(3), (4), or (5) of this section, unless 1,079
the state public defender first is satisfied that there is 1,080
arguable merit to the proceeding. 1,081
(C) A court may appoint counsel or allow an indigent 1,083
26
person to select the indigent's own personal counsel to assist 1,084
the state public defender as co-counsel when the interests of 1,085
justice so require. When co-counsel is appointed to assist the 1,086
state public defender, the co-counsel shall receive any 1,087
compensation that the court may approve, not to exceed the 1,088
amounts provided for in section 2941.51 of the Revised Code. 1,089
(D) When the state public defender is designated by the 1,091
court or requested by a county public defender or joint county 1,092
public defender to provide legal representation for an indigent 1,093
person in any case, other than pursuant to a contract entered 1,094
into under authority of division (C)(7) of section 120.04 of the 1,095
Revised Code, the state public defender shall send to the county 1,096
in which the case is filed an itemized bill for fifty per cent of 1,097
the actual cost of the representation. The county, upon receipt 1,098
of an itemized bill from the state public defender pursuant to 1,099
this division, shall pay fifty per cent of the actual cost of the 1,100
legal representation as set forth in the itemized bill. There is 1,101
hereby created in the state treasury the county representation 1,102
fund for the deposit of moneys received from counties under this 1,103
division. All moneys credited to the fund shall be used by the 1,104
state public defender to provide legal representation for 1,105
indigent persons when designated by the court or requested by a 1,106
county or joint county public defender. 1,107
(E)(1) Notwithstanding any contrary provision of sections 1,109
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised 1,110
Code that pertains to representation by the attorney general, an 1,111
assistant attorney general, or special counsel of an officer or 1,112
employee, as defined in section 109.36 of the Revised Code, or of 1,113
an entity of state government, the state public defender may 1,114
elect to contract with, and to have the state pay pursuant to 1,115
division (E)(2) of this section for the services of, private 1,116
legal counsel to represent the Ohio public defender commission, 1,117
the state public defender, assistant state public defenders, 1,118
other employees of the commission or the state public defender, 1,119
27
and attorneys described in division (C) of section 120.41 of the 1,120
Revised Code in a malpractice or other civil action or proceeding 1,121
that arises from alleged actions or omissions related to 1,122
responsibilities derived pursuant to this chapter, or in a civil 1,123
action that is based upon alleged violations of the constitution 1,124
or statutes of the United States, including section 1983 of Title 1,125
42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1,126
1983, as amended, and that arises from alleged actions or 1,127
omissions related to responsibilities derived pursuant to this 1,128
chapter, if the state public defender determines, in good faith, 1,129
that the defendant in the civil action or proceeding did not act 1,130
manifestly outside the scope of the defendant's employment or 1,131
official responsibilities, with malicious purpose, in bad faith, 1,132
or in a wanton or reckless manner. If the state public defender 1,133
elects not to contract pursuant to this division for private 1,134
legal counsel in a civil action or proceeding, then, in 1,135
accordance with sections 109.02, 109.07, 109.361 to 109.366, and 1,136
120.03 of the Revised Code, the attorney general shall represent 1,137
or provide for the representation of the Ohio public defender 1,138
commission, the state public defender, assistant state public 1,139
defenders, other employees of the commission or the state public 1,140
defender, or attorneys described in division (C) of section 1,141
120.41 of the Revised Code in the civil action or proceeding. 1,142
(2)(a) Subject to division (E)(2)(b) of this section, 1,144
payment from the state treasury for the services of private legal 1,145
counsel with whom the state public defender has contracted 1,146
pursuant to division (E)(1) of this section shall be accomplished 1,147
only through the following procedure: 1,148
(i) The private legal counsel shall file with the attorney 1,150
general a copy of the contract; a request for an award of legal 1,151
fees, court costs, and expenses earned or incurred in connection 1,152
with the defense of the Ohio public defender commission, the 1,153
state public defender, an assistant state public defender, an 1,154
employee, or an attorney in a specified civil action or 1,155
28
proceeding; a written itemization of those fees, costs, and 1,156
expenses, including the signature of the state public defender 1,157
and the state public defender's attestation that the fees, costs, 1,159
and expenses were earned or incurred pursuant to division (E)(1) 1,160
of this section to the best of the state public defender's 1,161
knowledge and information; a written statement whether the fees, 1,163
costs, and expenses are for all legal services to be rendered in 1,164
connection with that defense, are only for legal services 1,165
rendered to the date of the request and additional legal services 1,166
likely will have to be provided in connection with that defense, 1,167
or are for the final legal services rendered in connection with 1,168
that defense; a written statement indicating whether the private 1,169
legal counsel previously submitted a request for an award under 1,170
division (E)(2) of this section in connection with that defense 1,171
and, if so, the date and the amount of each award granted; and, 1,172
if the fees, costs, and expenses are for all legal services to be 1,173
rendered in connection with that defense or are for the final 1,174
legal services rendered in connection with that defense, a 1,175
certified copy of any judgment entry in the civil action or 1,176
proceeding or a signed copy of any settlement agreement entered 1,177
into between the parties to the civil action or proceeding. 1,178
(ii) Upon receipt of a request for an award of legal fees, 1,180
court costs, and expenses and the requisite supportive 1,181
documentation described in division (E)(2)(a)(i) of this section, 1,182
the attorney general shall review the request and documentation; 1,183
determine whether any of the limitations specified in division 1,184
(E)(2)(b) of this section apply to the request; and, if an award 1,185
of legal fees, court costs, or expenses is permissible after 1,186
applying the limitations, prepare a document awarding legal fees, 1,187
court costs, or expenses to the private legal counsel. The 1,188
document shall name the private legal counsel as the recipient of 1,189
the award; specify the total amount of the award as determined by 1,190
the attorney general; itemize the portions of the award that 1,191
represent legal fees, court costs, and expenses; specify any 1,192
29
limitation applied pursuant to division (E)(2)(b) of this section 1,193
to reduce the amount of the award sought by the private legal 1,194
counsel; state that the award is payable from the state treasury 1,195
pursuant to division (E)(2)(a)(iii) of this section; and be 1,196
approved by the inclusion of the signatures of the attorney 1,197
general, the state public defender, and the private legal 1,198
counsel. 1,199
(iii) The attorney general shall forward a copy of the 1,201
document prepared pursuant to division (E)(2)(a)(ii) of this 1,202
section to the director of budget and management. The AWARD OF 1,203
LEGAL FEES, COURT COSTS, OR EXPENSES SHALL BE PAID OUT OF THE 1,204
STATE PUBLIC DEFENDER'S APPROPRIATIONS, TO THE EXTENT THERE IS A 1,205
SUFFICIENT AVAILABLE BALANCE IN THOSE APPROPRIATIONS. IF THE 1,206
STATE PUBLIC DEFENDER DOES NOT HAVE A SUFFICIENT AVAILABLE 1,207
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS TO PAY THE
ENTIRE AWARD OF LEGAL FEES, COURT COSTS, OR EXPENSES, THE 1,208
director shall make application for the payment of the award of 1,210
legal fees, court costs, or expenses A TRANSFER OF APPROPRIATIONS 1,211
out of the emergency purposes account or any other appropriation 1,213
for emergencies or contingencies, and payments IN AN AMOUNT EQUAL 1,214
TO THE PORTION OF THE AWARD THAT EXCEEDS THE SUFFICIENT AVAILABLE 1,215
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS. A 1,216
TRANSFER OF APPROPRIATIONS out of that THE EMERGENCY PURPOSES 1,218
account or any other appropriation for emergencies or 1,219
contingencies shall be authorized if there are sufficient moneys 1,220
greater than the sum total of then pending emergency purposes 1,221
account requests, or requests for releases from the other 1,222
appropriation. If sufficient moneys exist in A TRANSFER OF 1,223
APPROPRIATIONS OUT OF the emergency purposes account or other 1,225
appropriation for emergencies or contingencies IS MADE to pay AN 1,226
AMOUNT EQUAL TO THE PORTION OF the award THAT EXCEEDS THE 1,227
SUFFICIENT AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S 1,228
APPROPRIATIONS, the director shall cause THE payment of the award 1,229
to be made to the private legal counsel. If sufficient moneys do 1,231
30
not exist in the emergency purposes account or other 1,232
appropriation for emergencies or contingencies to pay AN AMOUNT 1,233
EQUAL TO THE PORTION OF the award THAT EXCEEDS THE SUFFICIENT 1,234
AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, 1,235
the private legal counsel shall request the general assembly to 1,236
make an appropriation sufficient to pay AN AMOUNT EQUAL TO THE 1,237
PORTION OF the award THAT EXCEEDS THE SUFFICIENT AVAILABLE 1,238
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, and no 1,239
payment IN THAT AMOUNT shall be made until the appropriation has 1,240
been made. The private legal counsel shall make the request 1,241
during the current biennium and during each succeeding biennium 1,242
until a sufficient appropriation is made. 1,243
(b) An award of legal fees, court costs, and expenses 1,245
pursuant to division (E) of this section is subject to the 1,246
following limitations: 1,247
(i) The maximum award or maximum aggregate of a series of 1,249
awards of legal fees, court costs, and expenses to the private 1,250
legal counsel in connection with the defense of the Ohio public 1,251
defender commission, the state public defender, an assistant 1,252
state public defender, an employee, or an attorney in a specified 1,253
civil action or proceeding shall not exceed fifty thousand 1,254
dollars. 1,255
(ii) The private legal counsel shall not be awarded legal 1,257
fees, court costs, or expenses to the extent the fees, costs, or 1,258
expenses are covered by a policy of malpractice or other 1,259
insurance. 1,260
(iii) The private legal counsel shall be awarded legal 1,262
fees and expenses only to the extent that the fees and expenses 1,263
are reasonable in light of the legal services rendered by the 1,264
private legal counsel in connection with the defense of the Ohio 1,265
public defender commission, the state public defender, an 1,266
assistant state public defender, an employee, or an attorney in a 1,267
specified civil action or proceeding. 1,268
(c) If, pursuant to division (E)(2)(a) of this section, 1,270
31
the attorney general denies a request for an award of legal fees, 1,271
court costs, or expenses to private legal counsel because of the 1,272
application of a limitation specified in division (E)(2)(b) of 1,273
this section, the attorney general shall notify the private legal 1,275
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a 1,277
private legal counsel receives a denial of an award notification 1,278
or if a private legal counsel refuses to approve a document under 1,279
division (E)(2)(a)(ii) of this section because of the proposed 1,280
application of a limitation specified in division (E)(2)(b) of 1,281
this section, the private legal counsel may commence a civil 1,282
action against the attorney general in the court of claims to 1,283
prove the private legal counsel's entitlement to the award 1,284
sought, to prove that division (E)(2)(b) of this section does not 1,286
prohibit or otherwise limit the award sought, and to recover a 1,287
judgment for the amount of the award sought. A civil action 1,288
under division (E)(2)(d) of this section shall be commenced no 1,289
later than two years after receipt of a denial of award 1,290
notification or, if the private legal counsel refused to approve 1,291
a document under division (E)(2)(a)(ii) of this section because 1,292
of the proposed application of a limitation specified in division 1,293
(E)(2)(b) of this section, no later than two years after the 1,294
refusal. Any judgment of the court of claims in favor of the 1,295
private legal counsel shall be paid from the state treasury in 1,296
accordance with division (E)(2)(a) of this section. 1,297
(F) If a court appoints the office of the state public 1,300
defender to represent a petitioner in a postconviction relief 1,301
proceeding under section 2953.21 of the Revised Code, the 1,302
petitioner has received a sentence of death, and the proceeding 1,303
relates to that sentence, all of the attorneys who represent the 1,304
petitioner in the proceeding pursuant to the appointment, whether 1,305
an assistant state public defender, the state public defender, or 1,306
another attorney, shall be certified under Rule 65 of the Rules 1,307
of Superintendence for Common Pleas Courts to represent indigent 1,309
32
defendants charged with or convicted of an offense for which the 1,310
death penalty can be or has been imposed.
Sec. 120.18. (A) The county public defender commission's 1,319
report to the board of county commissioners shall be audited by 1,320
the county auditor. The board of county commissioners, after 1,321
review and approval of the audited report, may then certify it to 1,322
the state public defender for reimbursement. If a request for 1,323
the reimbursement of any operating expenditure incurred by a 1,324
county public defender office is not received by the state public 1,325
defender within sixty days after the end of the calendar month in 1,326
which the expenditure is incurred, the state public defender 1,327
shall not pay the requested reimbursement, unless the county has 1,328
requested, and the state public defender has granted, an 1,329
extension of the sixty-day time limit. Each request for 1,330
reimbursement shall include a certification by the county public 1,331
defender that the persons provided representation by the county 1,332
public defender's office during the period covered by the report 1,333
were indigent AND, FOR EACH PERSON PROVIDED REPRESENTATION DURING 1,334
THAT PERIOD, A FINANCIAL DISCLOSURE FORM COMPLETED BY THE PERSON 1,335
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 1,336
public defender shall also review the report and, in accordance 1,338
with the standards, guidelines, and maximums established pursuant 1,339
to divisions (B)(7) and (8) of section 120.04 of the Revised 1,340
Code, prepare a voucher for fifty per cent of the total cost of 1,341
each county public defender's office for the period of time 1,342
covered by the certified report and a voucher for fifty per cent 1,343
of the costs and expenses that are reimbursable under section 1,344
120.35 of the Revised Code, if any, or, if the amount of money 1,345
appropriated by the general assembly to reimburse counties for 1,346
the operation of county public defender offices, joint county 1,347
public defender offices, and county appointed counsel systems is 1,348
not sufficient to pay fifty per cent of the total cost of all of 1,349
the offices and systems, for the lesser amount required by 1,350
section 120.34 of the Revised Code. For the purposes of this 1,351
33
section, "total cost" means total expenses minus costs and 1,352
expenses reimbursable under section 120.35 of the Revised Code 1,353
and any funds received by the county public defender commission 1,354
pursuant to a contract, except a contract entered into with a 1,355
municipal corporation pursuant to division (E) of section 120.14 1,356
of the Revised Code, gift, or grant. 1,357
(B) If the county public defender fails to maintain the 1,359
standards for the conduct of the office established by rules of 1,360
the Ohio public defender commission pursuant to divisions (B) and 1,361
(C) of section 120.03 or the standards established by the state 1,362
public defender pursuant to division (B)(7) of section 120.04 of 1,363
the Revised Code, the Ohio public defender commission shall 1,364
notify the county public defender commission and the board of 1,365
county commissioners of the county that the county public 1,366
defender has failed to comply with its rules or the standards of 1,367
the state public defender. Unless the county public defender 1,368
commission or the county public defender corrects the conduct of 1,369
his THE COUNTY PUBLIC DEFENDER'S office to comply with the rules 1,370
and standards within ninety days after the date of the notice, 1,372
the state public defender may deny payment of all or part of the 1,373
county's reimbursement from the state provided for in division 1,374
(A) of this section. 1,375
Sec. 120.28. (A) The joint county public defender 1,385
commission's report to the joint board of county commissioners 1,386
shall be audited by the fiscal officer of the district. The 1,387
joint board of county commissioners, after review and approval of 1,388
the audited report, may then certify it to the state public 1,389
defender for reimbursement. If a request for the reimbursement 1,390
of any operating expenditure incurred by a joint county public 1,391
defender office is not received by the state public defender 1,392
within sixty days after the end of the calendar month in which 1,393
the expenditure is incurred, the state public defender shall not 1,394
pay the requested reimbursement, unless the joint board of county 1,395
commissioners has requested, and the state public defender has 1,396
34
granted, an extension of the sixty-day time limit. Each request 1,397
for reimbursement shall include a certification by the joint 1,398
county public defender that all persons provided representation 1,399
by the joint county public defender's office during the period 1,400
covered by the request were indigent AND, FOR EACH PERSON 1,401
PROVIDED REPRESENTATION DURING THAT PERIOD, A FINANCIAL 1,402
DISCLOSURE FORM COMPLETED BY THE PERSON ON A FORM PRESCRIBED BY 1,403
THE STATE PUBLIC DEFENDER. The state public defender shall also 1,405
review the report and, in accordance with the standards, 1,406
guidelines, and maximums established pursuant to divisions (B)(7) 1,407
and (8) of section 120.04 of the Revised Code, prepare a voucher 1,408
for fifty per cent of the total cost of each joint county public 1,409
defender's office for the period of time covered by the certified 1,410
report and a voucher for fifty per cent of the costs and expenses 1,411
that are reimbursable under section 120.35 of the Revised Code, 1,412
if any, or, if the amount of money appropriated by the general 1,413
assembly to reimburse counties for the operation of county public 1,414
defender offices, joint county public defender offices, and 1,415
county appointed counsel systems is not sufficient to pay fifty 1,416
per cent of the total cost of all of the offices and systems, for 1,417
the lesser amount required by section 120.34 of the Revised Code. 1,418
For purposes of this section, "total cost" means total expenses 1,419
minus costs and expenses reimbursable under section 120.35 of the 1,420
Revised Code and any funds received by the joint county public 1,421
defender commission pursuant to a contract, except a contract 1,422
entered into with a municipal corporation pursuant to division 1,423
(E) of section 120.24 of the Revised Code, gift, or grant. Each 1,424
county in the district shall be entitled to a share of such state 1,425
reimbursement in proportion to the percentage of the total cost 1,426
it has agreed to pay. 1,427
(B) If the joint county public defender fails to maintain 1,429
the standards for the conduct of the office established by the 1,430
rules of the Ohio public defender commission pursuant to 1,431
divisions (B) and (C) of section 120.03 or the standards 1,432
35
established by the state public defender pursuant to division 1,433
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1,434
defender commission shall notify the joint county public defender 1,435
commission and the board of county commissioners of each county 1,436
in the district that the joint county public defender has failed 1,437
to comply with its rules or the standards of the state public 1,438
defender. Unless the joint public defender commission or the 1,439
joint county public defender corrects the conduct of his THE 1,440
JOINT COUNTY PUBLIC DEFENDER'S office to comply with the rules 1,442
and standards within ninety days after the date of the notice, 1,443
the state public defender may deny all or part of the counties' 1,444
reimbursement from the state provided for in division (A) of this 1,445
section.
Sec. 120.33. (A) In lieu of using a county public 1,455
defender or joint county public defender to represent indigent 1,456
persons in the proceedings set forth in division (A) of section 1,457
120.16 of the Revised Code, the board of county commissioners of 1,458
any county may adopt a resolution to pay counsel who are either 1,459
personally selected by the indigent person or appointed by the 1,460
court. The resolution shall include those provisions the board 1,461
of county commissioners considers necessary to provide effective 1,462
representation of indigent persons in any proceeding for which 1,463
counsel is provided under this section. The resolution shall 1,464
include provisions for contracts with any municipal corporation 1,465
under which the municipal corporation shall reimburse the county 1,466
for counsel appointed to represent indigent persons charged with 1,467
violations of the ordinances of the municipal corporation. 1,468
(1) In a county that adopts a resolution to pay counsel, 1,470
an indigent person shall have the right to do either of the 1,471
following: 1,472
(a) To select the person's own personal counsel to 1,474
represent the person in any proceeding included within the 1,475
provisions of the resolution;
(b) To request the court to appoint counsel to represent 1,477
36
the person in such a proceeding. 1,478
(2) The court having jurisdiction over the proceeding in a 1,480
county that adopts a resolution to pay counsel shall, after 1,481
determining that the person is indigent and entitled to legal 1,482
representation under this section, do either of the following: 1,483
(a) By signed journal entry recorded on its docket, enter 1,485
the name of the lawyer selected by the indigent person as counsel 1,486
of record; 1,487
(b) Appoint counsel for the indigent person if the person 1,489
has requested the court to appoint counsel and, by signed journal 1,490
entry recorded on its dockets, enter the name of the lawyer 1,491
appointed for the indigent person as counsel of record. 1,492
(3) The board of county commissioners shall establish a 1,494
schedule of fees by case or on an hourly basis to be paid to 1,495
counsel for legal services provided pursuant to a resolution 1,496
adopted under this section. Prior to establishing the schedule, 1,497
the board of county commissioners shall request the bar 1,498
association or associations of the county to submit a proposed 1,499
schedule. The schedule submitted shall be subject to the review, 1,500
amendment, and approval of the board of county commissioners. 1,501
(4) Counsel selected by the indigent person or appointed 1,503
by the court at the request of an indigent person in a county 1,504
that adopts a resolution to pay counsel, except for counsel 1,505
appointed to represent a person charged with any violation of an 1,506
ordinance of a municipal corporation that has not contracted with 1,507
the county commissioners for the payment of appointed counsel, 1,508
shall be paid by the county and shall receive the compensation 1,509
and expenses the court approves. Each request for payment shall 1,510
be accompanied by A FINANCIAL DISCLOSURE FORM AND an affidavit of 1,511
indigency THAT ARE completed by the indigent person on forms 1,513
prescribed by the state public defender. Compensation and 1,514
expenses shall not exceed the amounts fixed by the board of 1,515
county commissioners in the schedule adopted pursuant to division 1,516
(A)(3) of this section. No court shall approve compensation and 1,517
37
expenses that exceed the amount fixed pursuant to division (A)(3) 1,518
of this section.
The fees and expenses approved by the court shall not be 1,520
taxed as part of the costs and shall be paid by the county. 1,521
However, if the person represented has, or may reasonably be 1,522
expected to have, the means to meet some part of the cost of the 1,523
services rendered to the person, the person shall pay the county 1,525
an amount that the person reasonably can be expected to pay. 1,526
Pursuant to section 120.04 of the Revised Code, the county shall 1,527
pay to the state public defender a percentage of the payment 1,529
received from the person in an amount proportionate to the 1,531
percentage of the costs of the person's case that were paid to 1,532
the county by the state public defender pursuant to this section. 1,533
The money paid to the state public defender shall be credited to 1,534
the client payment fund created pursuant to division (B)(5) of 1,536
section 120.04 of the Revised Code. 1,537
The county auditor shall draw a warrant on the county 1,539
treasurer for the payment of counsel in the amount fixed by the 1,540
court, plus the expenses the court fixes and certifies to the 1,541
auditor. The county auditor shall report periodically, but not 1,542
less than annually, to the board of county commissioners and to 1,543
the Ohio public defender commission the amounts paid out pursuant 1,544
to the approval of the court. The board of county commissioners, 1,545
after review and approval of the auditor's report, may then 1,546
certify it to the state public defender for reimbursement. If a 1,547
request for reimbursement is not accompanied by A FINANCIAL 1,548
DISCLOSURE FORM AND an affidavit of indigency completed by the 1,550
indigent person on forms prescribed by the state public defender, 1,551
the state public defender shall not pay the requested 1,552
reimbursement. If a request for the reimbursement of the cost of 1,553
counsel in any case is not received by the state public defender 1,554
within ninety days after the end of the calendar month in which 1,555
the case is finally disposed of by the court, unless the county 1,556
has requested and the state public defender has granted an 1,557
38
extension of the ninety-day limit, the state public defender 1,558
shall not pay the requested reimbursement. The state public 1,559
defender shall also review the report and, in accordance with the 1,560
standards, guidelines, and maximums established pursuant to 1,561
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 1,562
prepare a voucher for fifty per cent of the total cost of each 1,563
county appointed counsel system in the period of time covered by 1,564
the certified report and a voucher for fifty per cent of the 1,565
costs and expenses that are reimbursable under section 120.35 of 1,566
the Revised Code, if any, or, if the amount of money appropriated 1,567
by the general assembly to reimburse counties for the operation 1,568
of county public defender offices, joint county public defender 1,569
offices, and county appointed counsel systems is not sufficient 1,570
to pay fifty per cent of the total cost of all of the offices and 1,571
systems other than costs and expenses that are reimbursable under 1,572
section 120.35 of the Revised Code, for the lesser amount 1,573
required by section 120.34 of the Revised Code. 1,574
(5) If any county appointed counsel system fails to 1,576
maintain the standards for the conduct of the system established 1,577
by the rules of the Ohio public defender commission pursuant to 1,578
divisions (B) and (C) of section 120.03 or the standards 1,579
established by the state public defender pursuant to division 1,580
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1,581
defender commission shall notify the board of county 1,582
commissioners of the county that the county appointed counsel 1,583
system has failed to comply with its rules or the standards of 1,584
the state public defender. Unless the board of county 1,585
commissioners corrects the conduct of its appointed counsel 1,586
system to comply with the rules and standards within ninety days 1,587
after the date of the notice, the state public defender may deny 1,588
all or part of the county's reimbursement from the state provided 1,590
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 1,592
county public defender to represent indigent persons in the 1,593
39
proceedings set forth in division (A) of section 120.16 of the 1,594
Revised Code, and in lieu of adopting the resolution and 1,595
following the procedure described in division (A) of this 1,596
section, the board of county commissioners of any county may 1,597
contract with the state public defender for the state public 1,598
defender's legal representation of indigent persons. A contract 1,600
entered into pursuant to this division may provide for payment 1,601
for the services provided on a per case, hourly, or fixed 1,602
contract basis.
(C) If a court appoints an attorney pursuant to this 1,604
section to represent a petitioner in a postconviction relief 1,605
proceeding under section 2953.21 of the Revised Code, the 1,606
petitioner has received a sentence of death, and the proceeding 1,607
relates to that sentence, the attorney who represents the 1,608
petitioner in the proceeding pursuant to the appointment shall be 1,609
certified under Rule 65 of the Rules of Superintendence for 1,610
Common Pleas Courts to represent indigent defendants charged with 1,612
or convicted of an offense for which the death penalty can be or 1,613
has been imposed.
Sec. 121.481. THE SPECIAL INVESTIGATIONS FUND IS HEREBY 1,615
CREATED IN THE STATE TREASURY FOR THE PURPOSE OF PAYING COSTS OF 1,616
INVESTIGATIONS CONDUCTED BY THE INSPECTOR GENERAL. IN RESPONSE 1,617
TO REQUESTS FROM THE INSPECTOR GENERAL, THE CONTROLLING BOARD MAY 1,618
MAKE TRANSFERS TO THE FUND FROM THE EMERGENCY PURPOSES 1,619
APPROPRIATION OF THE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS: 1,620
(A) THE INSPECTOR GENERAL SHALL NOT REQUEST A TRANSFER 1,622
THAT WOULD CAUSE THE UNOBLIGATED, UNENCUMBERED BALANCE IN THE 1,623
FUND TO EXCEED ONE HUNDRED THOUSAND DOLLARS AT ANY ONE TIME; 1,624
(B) IN REQUESTING A TRANSFER, THE INSPECTOR GENERAL SHALL 1,626
NOT DISCLOSE ANY INFORMATION THAT WOULD RISK IMPAIRING THE 1,627
INVESTIGATION IF IT BECAME PUBLIC, PROVIDED THAT AFTER ANY 1,628
INVESTIGATION USING MONEY TRANSFERRED TO THE FUND FROM AN 1,629
EMERGENCY PURPOSES APPROPRIATION HAS BEEN COMPLETED, THE 1,630
INSPECTOR GENERAL SHALL REPORT TO THE BOARD THE OBJECT AND COST 1,631
40
OF THE INVESTIGATION, BUT NOT ANY INFORMATION DESIGNATED AS 1,632
CONFIDENTIAL UNDER SECTION 121.44 OF THE REVISED CODE. 1,633
Sec. 122.011. (A) The department of development shall 1,642
develop and promote plans and programs designed to assure that 1,643
state resources are efficiently used, economic growth is properly 1,644
balanced, community growth is developed in an orderly manner, and 1,645
local governments are coordinated with each other and the state, 1,646
and for such purposes may do all of the following: 1,647
(1) Serve as a clearinghouse for information, data, and 1,649
other materials that may be helpful or necessary to persons or 1,650
local governments, as provided in section 122.07 of the Revised 1,651
Code; 1,652
(2) Prepare and activate plans for the retention, 1,654
development, expansion, and use of the resources and commerce of 1,655
the state, as provided in section 122.04 of the Revised Code; 1,656
(3) Assist and cooperate with federal, state, and local 1,658
governments and agencies of federal, state, and local governments 1,660
in the coordination of programs to carry out the functions and
duties of the department; 1,661
(4) Encourage and foster research and development 1,663
activities, conduct studies related to the solution of community 1,664
problems, and develop recommendations for administrative or 1,665
legislative actions, as provided in section 122.03 of the Revised 1,666
Code; 1,667
(5) Serve as the economic and community development 1,669
planning agency, which shall prepare and recommend plans and 1,670
programs for the orderly growth and development of this state and 1,671
which shall provide planning assistance, as provided in section 1,672
122.06 of the Revised Code; 1,673
(6) Cooperate with and provide technical assistance to 1,675
state departments, political subdivisions, regional and local 1,676
planning commissions, tourist associations, councils of 1,677
government, community development groups, community action 1,678
agencies, and other appropriate organizations for carrying out 1,679
41
the functions and duties of the department or for the solution of 1,680
community problems.; 1,681
(7) Coordinate the activities of state agencies that have 1,683
an impact on carrying out the functions and duties of the 1,684
department; 1,685
(8) Encourage and assist the efforts of and cooperate with 1,687
local governments to develop mutual and cooperative solutions to 1,688
their common problems that relate to carrying out the purposes of 1,689
this section; 1,690
(9) Study existing structure, operations, AND financing of 1,692
regional or local government and those state activities that 1,693
involve significant relations with regional or local governmental 1,694
units, recommend to the governor and to the general assembly such 1,695
changes in these provisions and activities as will improve the 1,696
operations of regional or local government, and conduct other 1,697
studies of legal provisions that affect problems related to 1,698
carrying out the purposes of this section; 1,699
(10) Appoint, with the approval of the governor, technical 1,702
and other advisory councils as it considers appropriate, as 1,703
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 1,705
development to develop and administer programs and activities 1,706
that are authorized by federal statute or the Revised Code; 1,707
(12) Until June 30, 1999 JULY 1, 2001, review, analyze, 1,710
and summarize applications and information regarding the family 1,712
farm loan program forwarded to the department by a financial 1,713
institution pursuant to section 901.81 of the Revised Code, and 1,716
forward the applications, information, analyses, and summaries to 1,717
the director of agriculture; 1,718
(13) Until June 30, 1999 JULY 1, 2001, establish fees and 1,721
charges, in consultation with the director of agriculture, for 1,723
purchasing loans from financial institutions and providing loan 1,724
guarantees under the family farm loan program created under 1,726
sections 901.80 to 901.83 of the Revised Code;
42
(14) Provide loan servicing for the loans purchased and 1,728
loan guarantees provided under section 901.80 of the Revised Code 1,730
as such THAT section existed prior to June 30, 1999 JULY 1, 2001; 1,732
(15) Until June 30, 1999 JULY 1, 2001, and upon approval 1,735
by the controlling board under division (A)(3) of section 901.82 1,736
of the Revised Code of the release of money to be used for 1,739
purchasing a loan or providing a loan guarantee, request the
release of such THAT money in accordance with division (B) of 1,742
section 166.03 of the Revised Code for use for the purposes of 1,745
the fund created by section 166.031 of the Revised Code. 1,746
(B) The department, by rule, shall establish criteria 1,748
defining nonprofit corporations that are eligible for appointment 1,749
as qualified agents pursuant to sections 135.81 to 135.88 of the 1,750
Revised Code. The criteria shall require that a corporation be 1,751
organized pursuant to Chapter 1702. of the Revised Code and have 1,752
as its primary purpose the promotion of economic development or 1,753
the creation or retention of jobs and job opportunities. The 1,754
criteria may include a specification as to the professional 1,755
qualifications of the corporation employees, a minimum elapsed 1,756
period of time since the corporation was organized, current and 1,757
former activities of the corporation, and such other criteria 1,758
reasonably related to the foregoing that relate to the ability of 1,759
the corporation to act as a qualified agent for the purposes of 1,760
sections 135.51 to 135.88 of the Revised Code. 1,761
(C) The director of development may request the attorney 1,763
general to, and the attorney general, in accordance with section 1,764
109.02 of the Revised Code, shall bring a civil action in any 1,766
court of competent jurisdiction. The director may be sued in the 1,767
director's official capacity, in connection with this chapter, in 1,768
accordance with Chapter 2743. of the Revised Code.
Sec. 122.19. AS USED IN SECTIONS 122.19 TO 122.22 OF THE 1,771
REVISED CODE: 1,772
(A) "DISTRESSED AREA" MEANS EITHER A MUNICIPAL CORPORATION 1,774
THAT HAS A POPULATION OF AT LEAST FIFTY THOUSAND OR A COUNTY, 1,775
43
THAT MEETS AT LEAST TWO OF THE FOLLOWING CRITERIA OF ECONOMIC 1,776
DISTRESS:
(1) ITS AVERAGE RATE OF UNEMPLOYMENT, DURING THE MOST 1,778
RECENT FIVE-YEAR PERIOD FOR WHICH DATA ARE AVAILABLE, IS EQUAL TO 1,779
AT LEAST ONE HUNDRED TWENTY-FIVE PER CENT OF THE AVERAGE RATE OF 1,780
UNEMPLOYMENT FOR THE UNITED STATES FOR THE SAME PERIOD. 1,781
(2) IT HAS A PER CAPITA INCOME EQUAL TO OR BELOW EIGHTY 1,783
PER CENT OF THE MEDIAN COUNTY PER CAPITA INCOME OF THE UNITED 1,784
STATES AS DETERMINED BY THE MOST RECENTLY AVAILABLE FIGURES FROM 1,786
THE UNITED STATES CENSUS BUREAU. 1,787
(3)(a) IN THE CASE OF A MUNICIPAL CORPORATION, AT LEAST 1,789
TWENTY PER CENT OF THE RESIDENTS HAVE A TOTAL INCOME FOR THE MOST 1,790
RECENT CENSUS YEAR THAT IS BELOW THE OFFICIAL POVERTY LINE. 1,791
(b) IN THE CASE OF A COUNTY, IN INTERCENSAL YEARS, THE 1,793
COUNTY HAS A RATIO OF TRANSFER PAYMENT INCOME TO TOTAL COUNTY 1,794
INCOME EQUAL TO OR GREATER THAN TWENTY-FIVE PER CENT. 1,795
(B) "ELIGIBLE APPLICANT" MEANS ANY OF THE FOLLOWING THAT 1,797
ARE DESIGNATED BY THE LEGISLATIVE AUTHORITY OF A COUNTY, 1,798
TOWNSHIP, OR MUNICIPAL CORPORATION AS PROVIDED IN DIVISION (B)(1) 1,799
OF SECTION 122.22 OF THE REVISED CODE: 1,800
(1) A PORT AUTHORITY AS DEFINED IN DIVISION (A) OF SECTION 1,802
4582.01 OR DIVISION (A) OF SECTION 4582.21 OF THE REVISED CODE; 1,803
(2) A COMMUNITY IMPROVEMENT CORPORATION AS DESCRIBED IN 1,805
SECTION 1724.01 OF THE REVISED CODE; 1,806
(3) A COMMUNITY-BASED ORGANIZATION OR ACTION GROUP THAT 1,808
PROVIDES SOCIAL SERVICES AND HAS EXPERIENCE IN ECONOMIC 1,809
DEVELOPMENT;
(4) ANY OTHER NONPROFIT ECONOMIC DEVELOPMENT ENTITY; 1,811
(5) A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION IF IT 1,813
DESIGNATES ITSELF. 1,814
(C) "ELIGIBLE AREA" MEANS A DISTRESSED AREA, A LABOR 1,816
SURPLUS AREA, AN INNER CITY AREA, OR A SITUATIONAL DISTRESS AREA, 1,817
AS DESIGNATED ANNUALLY BY THE DIRECTOR OF DEVELOPMENT UNDER 1,818
DIVISION (A) OF SECTION 122.21 OF THE REVISED CODE. 1,819
44
(D) "GOVERNING BODY" MEANS, IN THE CASE OF A COUNTY, THE 1,821
BOARD OF COUNTY COMMISSIONERS; IN THE CASE OF A MUNICIPAL 1,822
CORPORATION, THE LEGISLATIVE AUTHORITY; AND IN THE CASE OF A
TOWNSHIP, THE BOARD OF TOWNSHIP TRUSTEES. 1,823
(E) "INFRASTRUCTURE IMPROVEMENTS" INCLUDES SITE 1,825
PREPARATION, INCLUDING BUILDING DEMOLITION AND REMOVAL; RETENTION 1,826
PONDS AND FLOOD AND DRAINAGE IMPROVEMENTS; STREETS, ROADS,
BRIDGES, AND TRAFFIC CONTROL DEVICES; PARKING LOTS AND 1,827
FACILITIES; WATER AND SEWER LINES AND TREATMENT PLANTS; GAS, 1,828
ELECTRIC, AND TELECOMMUNICATIONS HOOK-UPS; AND WATERWAY AND 1,829
RAILWAY ACCESS IMPROVEMENTS. 1,830
(F) "INNER CITY AREA" MEANS, IN A MUNICIPAL CORPORATION 1,832
THAT HAS A POPULATION OF AT LEAST ONE HUNDRED THOUSAND AND DOES 1,833
NOT MEET THE CRITERIA OF A LABOR SURPLUS AREA OR A DISTRESSED
AREA, TARGETED INVESTMENT AREAS ESTABLISHED BY THE MUNICIPAL 1,834
CORPORATION WITHIN ITS BOUNDARIES THAT ARE COMPRISED OF THE MOST 1,835
RECENT CENSUS BLOCK TRACTS THAT INDIVIDUALLY HAVE AT LEAST TWENTY 1,836
PER CENT OF THEIR POPULATION AT OR BELOW THE STATE POVERTY LEVEL, 1,837
OR OTHER CENSUS BLOCK TRACTS CONTIGUOUS TO SUCH CENSUS BLOCK 1,838
TRACTS.
(G) "LABOR SURPLUS AREA" MEANS AN AREA DESIGNATED AS A 1,840
LABOR SURPLUS AREA BY THE UNITED STATES DEPARTMENT OF LABOR. 1,841
(H) "OFFICIAL POVERTY LINE" HAS THE SAME MEANING AS IN 1,843
DIVISION (A) OF SECTION 3923.51 OF THE REVISED CODE. 1,844
(I) "REDEVELOPMENT PLAN" MEANS A PLAN THAT INCLUDES ALL OF 1,846
THE FOLLOWING: A PLAT; A LAND USE DESCRIPTION; IDENTIFICATION OF 1,847
ALL UTILITIES AND INFRASTRUCTURE NEEDED TO DEVELOP THE PROPERTY,
INCLUDING STREET CONNECTIONS; HIGHWAY, RAIL, AIR, OR WATER 1,848
ACCESS; UTILITY CONNECTIONS; WATER AND SEWER TREATMENT 1,849
FACILITIES; STORM DRAINAGE; AND PARKING, AND ANY OTHER ELEMENTS 1,850
REQUIRED BY A RULE ADOPTED BY THE DIRECTOR OF DEVELOPMENT UNDER 1,851
DIVISION (B) OF SECTION 122.21 OF THE REVISED CODE. 1,852
(J) "SITUATIONAL DISTRESS AREA" MEANS A COUNTY OR A 1,854
MUNICIPAL CORPORATION THAT HAS EXPERIENCED OR IS EXPERIENCING A 1,855
45
CLOSING OR DOWNSIZING OF A MAJOR EMPLOYER THAT WILL ADVERSELY
AFFECT THE COUNTY'S OR MUNICIPAL CORPORATION'S ECONOMY. IN ORDER 1,856
TO BE DESIGNATED AS A SITUATIONAL DISTRESS AREA FOR A PERIOD NOT 1,857
TO EXCEED THIRTY-SIX MONTHS, THE COUNTY OR MUNICIPAL CORPORATION 1,858
MAY PETITION THE DIRECTOR OF DEVELOPMENT. THE PETITION SHALL 1,859
INCLUDE DOCUMENTATION THAT DEMONSTRATES ALL OF THE FOLLOWING: 1,860
(1) THE NUMBER OF JOBS LOST BY THE CLOSING OR DOWNSIZING; 1,862
(2) THE IMPACT THAT THE JOB LOSS HAS ON THE COUNTY'S OR 1,864
MUNICIPAL CORPORATION'S UNEMPLOYMENT RATE AS MEASURED BY THE OHIO 1,865
BUREAU OF EMPLOYMENT SERVICES; 1,866
(3) THE ANNUAL PAYROLL ASSOCIATED WITH THE JOB LOSS; 1,868
(4) THE AMOUNT OF STATE AND LOCAL TAXES ASSOCIATED WITH 1,870
THE JOB LOSS; 1,871
(5) THE IMPACT THAT THE CLOSING OR DOWNSIZING HAS ON THE 1,873
SUPPLIERS LOCATED IN THE COUNTY OR MUNICIPAL CORPORATION. 1,874
Sec. 122.20. (A) THE URBAN AND RURAL INITIATIVE GRANT 1,876
PROGRAM IS HEREBY CREATED TO PROMOTE ECONOMIC DEVELOPMENT AND 1,877
IMPROVE THE ECONOMIC WELFARE OF THE PEOPLE OF THE STATE, WHICH
SHALL BE ACCOMPLISHED BY THE DEPARTMENT OF DEVELOPMENT AWARDING 1,878
GRANTS TO ELIGIBLE APPLICANTS FOR USE IN AN ELIGIBLE AREA FOR ANY 1,879
OF THE FOLLOWING PURPOSES: 1,880
(1) LAND ACQUISITION; 1,882
(2) INFRASTRUCTURE IMPROVEMENTS; 1,884
(3) VOLUNTARY ACTIONS UNDERTAKEN ON PROPERTY ELIGIBLE FOR 1,886
THE VOLUNTARY ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE 1,888
REVISED CODE;
(4) RENOVATION OF EXISTING STRUCTURES. 1,890
(B) THE TOTAL AMOUNT OF GRANTS AWARDED UNDER THE PROGRAM 1,892
SHALL NOT EXCEED TWO MILLION DOLLARS. NO INDIVIDUAL GRANT UNDER 1,893
THE PROGRAM SHALL EXCEED TEN PER CENT OF THE TOTAL AMOUNT
APPROPRIATED FOR ALL GRANTS IN THAT FISCAL YEAR. NO GRANT SHALL 1,894
BE AWARDED WITHOUT THE PRIOR APPROVAL OF THE CONTROLLING BOARD. 1,895
(C) AS A CONDITION OF RECEIVING A GRANT UNDER THIS 1,897
SECTION, AND EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 1,898
46
AN APPLICANT SHALL AGREE NOT TO PERMIT THE USE OF A SITE THAT IS 1,899
DEVELOPED OR IMPROVED WITH SUCH GRANT MONEYS TO CAUSE THE 1,900
RELOCATION OF JOBS TO THAT SITE FROM ELSEWHERE IN THIS STATE. 1,901
(D) A SITE DEVELOPED OR IMPROVED WITH GRANT MONEYS AWARDED 1,903
UNDER THIS SECTION MAY BE THE SITE OF JOBS RELOCATED FROM 1,904
ELSEWHERE IN THIS STATE IF THE DIRECTOR OF DEVELOPMENT DOES ALL 1,905
OF THE FOLLOWING: 1,906
(1) MAKES A WRITTEN DETERMINATION THAT THE SITE FROM WHICH 1,908
THE JOBS WOULD BE RELOCATED IS INADEQUATE TO MEET MARKET OR 1,909
INDUSTRY CONDITIONS, EXPANSION PLANS, CONSOLIDATION PLANS, OR 1,910
OTHER BUSINESS CONSIDERATIONS AFFECTING THE RELOCATING EMPLOYER; 1,911
(2) PROVIDES A COPY OF THE DETERMINATION REQUIRED BY 1,913
DIVISION (D)(1) OF THIS SECTION TO THE MEMBERS OF THE GENERAL 1,914
ASSEMBLY WHOSE LEGISLATIVE DISTRICTS INCLUDE THE SITE FROM WHICH 1,915
THE JOBS WOULD BE RELOCATED, AND TO THE JOINT LEGISLATIVE
COMMITTEE ON TAX INCENTIVES; 1,916
(3) DETERMINES THAT THE GOVERNING BODY OF THE AREA FROM 1,918
WHICH THE JOBS WOULD BE RELOCATED HAS BEEN NOTIFIED IN WRITING BY 1,919
THE RELOCATING COMPANY OF THE POSSIBLE RELOCATION. 1,920
(E) NO ELIGIBLE APPLICANT THAT RECEIVES FROM THE PROGRAM 1,922
ANY GRANT OF MONEY FOR LAND ACQUISITION, INFRASTRUCTURE 1,923
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR 1,924
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 1,925
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 1,927
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION
122.23 OF THE REVISED CODE SHALL USE THE MONEY TO COMPETE AGAINST 1,928
ANY EXISTING OHIO INDUSTRIAL PARKS. 1,929
(F) AN ELIGIBLE APPLICANT THAT RECEIVES A GRANT FROM THE 1,931
PROGRAM SHALL NOT BE PRECLUDED FROM BEING CONSIDERED FOR OR 1,932
PARTICIPATING IN OTHER FINANCIAL ASSISTANCE PROGRAMS OFFERED BY
THE DEPARTMENT OF DEVELOPMENT, THE OHIO ENVIRONMENTAL PROTECTION 1,933
AGENCY, OR THE OHIO WATER DEVELOPMENT AUTHORITY. 1,934
Sec. 122.21. IN ADMINISTERING THE URBAN AND RURAL 1,936
47
INITIATIVE GRANT PROGRAM CREATED UNDER SECTION 122.20 OF THE 1,937
REVISED CODE, THE DIRECTOR OF DEVELOPMENT SHALL DO ALL OF THE 1,938
FOLLOWING:
(A) ANNUALLY DESIGNATE, BY THE FIRST DAY OF JANUARY OF 1,940
EACH YEAR, THE ENTITIES THAT CONSTITUTE THE ELIGIBLE AREAS IN 1,941
THIS STATE;
(B) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 1,943
REVISED CODE ESTABLISHING PROCEDURES AND FORMS BY WHICH ELIGIBLE 1,945
APPLICANTS IN ELIGIBLE AREAS MAY APPLY FOR A GRANT, WHICH 1,946
PROCEDURES SHALL INCLUDE A REQUIREMENT THAT THE APPLICANT FILE A 1,947
REDEVELOPMENT PLAN; STANDARDS AND PROCEDURES FOR REVIEWING 1,948
APPLICATIONS AND AWARDING GRANTS; PROCEDURES FOR DISTRIBUTING 1,949
GRANTS TO RECIPIENTS; PROCEDURES FOR MONITORING THE USE OF GRANTS 1,950
BY RECIPIENTS; REQUIREMENTS, PROCEDURES, AND FORMS BY WHICH 1,951
RECIPIENTS WHO HAVE RECEIVED GRANTS SHALL REPORT THEIR USE OF 1,952
THAT ASSISTANCE; AND STANDARDS AND PROCEDURES FOR TERMINATING AND 1,953
REQUIRING REPAYMENT OF GRANTS IN THE EVENT OF THEIR IMPROPER USE. 1,954
THE RULES ADOPTED UNDER THIS DIVISION SHALL COMPLY WITH SECTIONS 1,955
122.19 TO 122.22 OF THE REVISED CODE AND SHALL INCLUDE A RULE 1,956
REQUIRING THAT AN ELIGIBLE APPLICANT WHO RECEIVES A GRANT FROM
THE PROGRAM PROVIDE A MATCHING CONTRIBUTION OF AT LEAST 1,957
TWENTY-FIVE PER CENT OF THE AMOUNT OF THE GRANT AWARDED TO THE
ELIGIBLE APPLICANT. 1,958
THE RULES SHALL REQUIRE THAT ANY ELIGIBLE APPLICANT FOR A 1,960
GRANT FOR LAND ACQUISITION DEMONSTRATE TO THE DIRECTOR THAT THE 1,961
PROPERTY TO BE ACQUIRED MEETS ALL STATE ENVIRONMENTAL 1,962
REQUIREMENTS AND THAT UTILITIES FOR THAT PROPERTY ARE AVAILABLE 1,963
AND ADEQUATE. THE RULES SHALL REQUIRE THAT ANY ELIGIBLE 1,964
APPLICANT FOR A GRANT FOR PROPERTY ELIGIBLE FOR THE VOLUNTARY 1,965
ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE REVISED CODE 1,966
RECEIVE DISBURSEMENT OF GRANT MONEYS ONLY AFTER RECEIVING A 1,967
COVENANT NOT TO SUE FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION 1,968
UNDER SECTION 3746.12 OF THE REVISED CODE AND SHALL REQUIRE THAT 1,970
THOSE MONEYS BE DISBURSED ONLY AS REIMBURSEMENT OF ACTUAL
48
EXPENSES INCURRED IN THE UNDERTAKING OF THE VOLUNTARY ACTION. 1,971
THE RULES SHALL REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR 1,972
LAND ACQUISITION, INFRASTRUCTURE IMPROVEMENTS, OR RENOVATION OF 1,973
EXISTING STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE 1,974
FOR A DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL 1,975
DISTRESS AREA AS DEFINED IN SECTION 122.19 OF THE REVISED CODE 1,976
THAT ALSO IS A DISTRESSED AREA, LABOR SURPLUS AREA, OR 1,977
SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 122.23 OF THE 1,978
REVISED CODE, A SUBSTANTIAL PORTION OF THE SITE BE USED FOR 1,979
MANUFACTURING, DISTRIBUTION, HIGH TECHNOLOGY, RESEARCH AND 1,980
DEVELOPMENT, OR OTHER BUSINESSES IN WHICH A MAJORITY OF THE 1,981
PRODUCT OR SERVICE PRODUCED IS EXPORTED OUT OF THE STATE. ANY 1,982
RETAIL USE AT THE SITE SHALL NOT CONSTITUTE A PRIMARY USE BUT 1,983
ONLY A USE INCIDENTAL TO OTHER ELIGIBLE USES. THE RULES SHALL 1,984
REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR LAND ACQUISITION, 1,985
INFRASTRUCTURE IMPROVEMENTS, AND RENOVATION OF EXISTING 1,986
STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE FOR A 1,987
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 1,988
AS DEFINED IN SECTION 122.19 OF THE REVISED CODE THAT ALSO IS A 1,989
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 1,990
AS DEFINED IN SECTION 122.23 OF THE REVISED CODE, THE APPLICANT 1,991
FOR THE GRANT SHALL VERIFY TO THE DEPARTMENT OF DEVELOPMENT THE 1,992
EXISTENCE OF A LOCAL ECONOMIC DEVELOPMENT PLANNING COMMITTEE IN A
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP WHOSE TERRITORY 1,993
INCLUDES THE ELIGIBLE AREA. THE COMMITTEE SHALL CONSIST OF 1,994
MEMBERS OF THE PUBLIC AND PRIVATE SECTORS WHO LIVE IN THAT 1,995
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP. THE LOCAL ECONOMIC 1,996
DEVELOPMENT PLANNING COMMITTEE SHALL PREPARE AND SUBMIT TO THE 1,997
DEPARTMENT A FIVE-YEAR ECONOMIC DEVELOPMENT PLAN FOR THAT 1,998
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP THAT IDENTIFIES, FOR 1,999
THE FIVE-YEAR PERIOD COVERED BY THE PLAN, THE ECONOMIC 2,000
DEVELOPMENT STRATEGIES OF A MUNICIPAL CORPORATION, COUNTY, OR 2,001
TOWNSHIP WHOSE TERRITORY INCLUDES THE PROPOSED INDUSTRIAL PARK 2,002
SITE. THE ECONOMIC DEVELOPMENT PLAN SHALL DESCRIBE IN DETAIL HOW 2,003
49
THE PROPOSED INDUSTRIAL PARK WOULD COMPLEMENT OTHER CURRENT OR 2,004
PLANNED ECONOMIC DEVELOPMENT PROGRAMS FOR THAT MUNICIPAL 2,005
CORPORATION, COUNTY, OR TOWNSHIP, INCLUDING, BUT NOT LIMITED TO, 2,006
WORKFORCE DEVELOPMENT INITIATIVES, BUSINESS RETENTION AND 2,007
EXPANSION EFFORTS, SMALL BUSINESS DEVELOPMENT PROGRAMS, AND 2,008
TECHNOLOGY MODERNIZATION PROGRAMS.
(C) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, 2,010
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF 2,011
THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY 2,012
OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE 2,013
PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL 2,014
INCLUDE THE TOTAL NUMBER OF GRANTS MADE THAT YEAR, AND, FOR EACH
INDIVIDUAL GRANT AWARDED, THE FOLLOWING: THE AMOUNT AND 2,015
RECIPIENT, THE ELIGIBLE APPLICANT, THE PURPOSE FOR AWARDING THE 2,016
GRANT, THE NUMBER OF FIRMS OR BUSINESSES OPERATING AT THE AWARDED 2,017
SITE, THE NUMBER OF EMPLOYEES EMPLOYED BY EACH FIRM OR BUSINESS, 2,018
ANY EXCESS CAPACITY AT AN INDUSTRIAL PARK SITE, AND ANY 2,019
ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 2,020
(D) INFORM LOCAL GOVERNMENTS AND OTHERS IN THE STATE OF 2,022
THE AVAILABILITY OF GRANTS UNDER SECTION 122.20 OF THE REVISED 2,023
CODE;
(E) ANNUALLY COMPILE, PURSUANT TO RULES ADOPTED BY THE 2,025
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH CHAPTER 119. OF THE 2,026
REVISED CODE, USING PERTINENT INFORMATION SUBMITTED BY ANY 2,027
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP, A LIST OF INDUSTRIAL
PARKS LOCATED IN THE STATE. THE LIST SHALL INCLUDE THE FOLLOWING 2,028
INFORMATION, EXPRESSED IF POSSIBLE IN TERMS SPECIFIED IN THE 2,029
DIRECTOR'S RULES ADOPTED UNDER THIS DIVISION: LOCATION OF EACH 2,030
INDUSTRIAL PARK SITE, TOTAL ACREAGE OF EACH PARK SITE, TOTAL 2,031
OCCUPANCY OF EACH PARK SITE, TOTAL CAPACITY FOR NEW BUSINESS AT 2,032
EACH PARK SITE, TOTAL CAPACITY OF EACH PARK SITE FOR SEWER, 2,033
WATER, AND ELECTRICITY, A CONTACT PERSON FOR EACH PARK SITE, AND 2,034
ANY ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 2,035
ONCE THE LIST IS COMPILED, THE DIRECTOR SHALL MAKE IT AVAILABLE 2,036
50
TO THE GOVERNOR, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF 2,037
REPRESENTATIVES, AND MINORITY LEADERS OF THE SENATE AND THE HOUSE 2,038
OF REPRESENTATIVES. 2,039
Sec. 122.22. (A) IN ORDER TO BE ELIGIBLE FOR A GRANT 2,041
UNDER SECTION 122.20 OF THE REVISED CODE, THE APPLICANT SHALL 2,042
DEMONSTRATE BOTH OF THE FOLLOWING TO THE DIRECTOR OF DEVELOPMENT: 2,043
(1) THAT THE APPLICANT IS PROPOSING TO CARRY OUT THE 2,045
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE IN AN 2,046
ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 2,047
DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) OF SECTION 122.21 OF 2,048
THE REVISED CODE;
(2) THE APPLICANT'S CAPACITY TO UNDERTAKE AND OVERSEE THE 2,050
PROJECT, AS EVIDENCED BY DOCUMENTATION OF THE APPLICANT'S PAST 2,051
PERFORMANCE IN ECONOMIC DEVELOPMENT PROJECTS. 2,052
(B) IN ORDER FOR AN APPLICANT TO BE ELIGIBLE FOR A GRANT 2,054
UNDER SECTION 122.20 OF THE REVISED CODE, THE GOVERNING BODY OF 2,055
THE ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 2,056
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH DIVISION (A) OF 2,057
SECTION 122.21 OF THE REVISED CODE SHALL, BY RESOLUTION OR 2,058
ORDINANCE, DO ALL OF THE FOLLOWING: 2,059
(1) DESIGNATE THE APPLICANT THAT WILL CARRY OUT THE 2,061
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE AND THAT 2,062
QUALIFIES AS ONE OF THE FIVE CATEGORIES OF ELIGIBLE APPLICANT 2,063
LISTED IN DIVISION (B) OF SECTION 122.19 OF THE REVISED CODE; 2,064
(2) SPECIFY THE ELIGIBLE AREA'S FINANCIAL PARTICIPATION IN 2,066
THE PROJECT; 2,067
(3) INCLUDE A MARKETING STRATEGY TO BE UTILIZED IN 2,069
ADMINISTERING THE PROJECT THAT INCLUDES DETAILS USED IN PAST 2,070
SUCCESSFUL PROJECTS; 2,071
(4) IDENTIFY A MANAGEMENT PLAN FOR THE PROJECT. 2,073
(C) A GOVERNING BODY MAY DESIGNATE THE POLITICAL 2,075
SUBDIVISION IT GOVERNS TO BE AN ELIGIBLE APPLICANT. 2,076
(D) IN ORDER TO BE ELIGIBLE FOR A GRANT UNDER SECTION 2,078
122.20 OF THE REVISED CODE FOR LAND ACQUISITION, INFRASTRUCTURE 2,079
51
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO 2,080
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 2,081
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 2,082
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 2,083
122.23 OF THE REVISED CODE, AN APPLICANT MUST BE APPROVED AS A 2,084
GRANT APPLICANT BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF 2,085
EACH COUNTY CONTAINING ANY AREA THAT HAS BEEN DESIGNATED AS AN
ELIGIBLE AREA BY THE DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) 2,086
OF SECTION 122.21 OF THE REVISED CODE AND WHOSE GOVERNING BODY 2,087
HAS DESIGNATED THE APPLICANT TO SEEK A GRANT FOR ANY OF THESE 2,088
PURPOSES ON BEHALF OF THE ELIGIBLE AREA. THE DIRECTOR SHALL 2,089
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 2,090
ESTABLISHING CRITERIA FOR THE LEGISLATIVE AUTHORITY TO USE IN 2,091
DETERMINING WHETHER TO APPROVE A QUALIFIED APPLICANT. 2,092
Sec. 124.04. In addition to those powers enumerated in 2,101
Chapters 123. and 125. of the Revised Code and as provided 2,102
elsewhere by law, the powers, duties, and functions of the 2,103
department of administrative services not specifically vested in 2,104
and assigned to, or to be performed by, the state personnel board 2,105
of review are hereby vested in and assigned to, and shall be 2,106
performed by, the director of administrative services. These 2,108
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 2,109
(A) To prepare, conduct, and grade all competitive 2,111
examinations for positions in the classified state service; 2,112
(B) To prepare, conduct, and grade all noncompetitive 2,114
examinations for positions in the classified state service; 2,115
(C) To prepare eligible lists containing the names of 2,117
persons qualified for appointment to positions in the classified 2,118
state service; 2,119
(D) To prepare or amend, in accordance with section 124.14 2,121
of the Revised Code, specifications descriptive of duties, 2,122
responsibilities, requirements, and desirable qualifications of 2,123
52
the various classifications of positions in the state service; 2,124
(E) To allocate and reallocate, upon the motion of the 2,127
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 2,128
office, or employment in the state service to the appropriate 2,129
classification on the basis of the duties, responsibilities, 2,130
requirements, and qualifications of such position, office, or 2,131
employment;
(F) To develop and conduct personnel recruitment services 2,133
for positions in the state service; 2,134
(G) To conduct research on specifications, 2,136
classifications, and salaries of positions in the state service; 2,137
(H) To develop and conduct personnel training programs in 2,139
cooperation with appointing authorities; 2,140
(I) To enter into agreements with universities and 2,142
colleges for in-service training of personnel in the state CIVIL 2,144
service; 2,145
(J) To appoint such examiners, inspectors, clerks, and 2,147
other assistants as are necessary in the exercise of the powers 2,148
and performance of the duties and functions which the director is 2,149
by law authorized and required to exercise and perform and to 2,150
prescribe the duties of all such employees; 2,151
(K) To maintain a journal, which shall be open to public 2,153
inspection, in which the director shall keep a record of the 2,155
director's final decision pertaining to the classification or 2,156
reclassification of positions in the state classified service and 2,157
assignment or reassignment of employees in the state classified 2,158
service to specific position classifications; 2,159
(L) To delegate any of the powers, functions, or duties 2,161
granted or assigned to the director under this chapter to any 2,162
other state agency of this state as the director considers 2,163
necessary; 2,164
(M) To delegate any of the powers, functions, or duties 2,166
granted or assigned to the director under this chapter to any 2,167
53
political subdivision with the concurrence of the legislative 2,168
authority of the political subdivision. 2,169
Sec. 124.07. The director of administrative services shall 2,178
appoint such examiners, inspectors, clerks, and other assistants 2,179
as are necessary to carry out sections 124.01 to 124.64 of the 2,180
Revised Code. The director may designate persons in or out of 2,181
the official service of the state to serve as examiners or 2,182
assistants under his THE DIRECTOR'S direction. An examiner or 2,183
assistant shall receive such compensation for each day actually 2,185
and necessarily spent in the discharge of his duties as AN 2,186
examiner or assistant as is determined by the director; provided, 2,188
that if any such examiner or assistant is in the official service 2,189
of the state, or any political subdivision thereof OF THE STATE, 2,190
it shall be a part of his THE EXAMINER'S OR ASSISTANT'S official 2,192
duties to render such services in connection with such 2,193
examination without extra compensation.
Each state agency and state-supported college and 2,195
university shall pay the cost of the services and facilities 2,196
furnished to it by the department of administrative services that 2,197
are necessary to provide and maintain payroll services as 2,198
prescribed in section 125.21 of the Revised Code and state merit 2,199
standards as prescribed in sections 124.01 to 124.64 of the 2,200
Revised Code for the agency, college, or university. If a 2,201
municipal corporation chooses to use the services and facilities 2,202
furnished by the department that are necessary to provide and 2,203
maintain the standards so prescribed, the municipal corporation 2,204
shall pay the cost of the services and facilities that the 2,205
department furnishes to it. Such charges against a state agency, 2,206
state college or university, or municipal corporation shall be 2,207
computed on a reasonable cost basis in accordance with procedures 2,208
prescribed by the director of budget and management. Any moneys 2,209
the department of administrative services receives from any such 2,210
state agency, college, university, or municipal corporation which 2,211
are in excess of the amount necessary to pay the cost of 2,212
54
furnishing such services and facilities during any fiscal year 2,213
shall be either refunded to or credited for the ensuing fiscal 2,214
year to the state agency, college, university, or municipal 2,215
corporation that contributed the excess moneys. 2,216
The director of administrative services may enter into an 2,218
agreement with any municipal corporation or other political 2,219
subdivision to furnish services and facilities of the department 2,220
of administrative services in the administration of its merit 2,221
program. Such agreement shall provide that the department of 2,222
administrative services shall be reimbursed for the reasonable 2,223
costs of such services and facilities as determined by the 2,224
director of administrative services. 2,225
All moneys received by the department of administrative 2,227
services as reimbursement for payroll and merit program services 2,228
performed and facilities furnished shall be paid into the state 2,229
treasury to the credit of the personnel HUMAN RESOURCES services 2,230
fund, which is hereby created. 2,232
In counties of the state in which are located cities having 2,234
municipal civil service commissions, the director may designate 2,235
the municipal civil service commission of the largest city within 2,236
such county as his THE DIRECTOR'S agent for the purpose of 2,237
carrying out such provisions of sections 124.01 to 124.64 of the 2,239
Revised Code, within such counties, as the director designates. 2,240
Each municipal civil service commission designated as agent of 2,241
the director shall, at the end of each month, render an itemized 2,242
statement to the director of the cost incurred by such commission 2,243
for work done as agent of the director, and the director shall, 2,244
after approving such statement, pay the total amount thereof OF 2,245
IT to the treasurer of such municipal corporation in the same 2,247
manner as other expenses of the department of administrative 2,248
services.
The director, examiners, inspectors, clerks, and assistants 2,250
shall, in addition to their salaries, receive reimbursement for 2,251
such necessary traveling and other expenses as are incurred in 2,252
55
the actual discharge of their official duties. The director may 2,253
also incur the necessary expenses for stationery, printing, and 2,254
other supplies incident to the business of the department of 2,255
administrative services. 2,256
Sec. 125.023. During the period of an emergency as defined 2,265
in section 5502.21 of the Revised Code, the department of 2,266
administrative services may suspend, with regard to the emergency 2,267
management agency established in section 5502.22 of the Revised 2,268
Code or any other state agency participating in recovery 2,269
activities as defined in section 5502.21 of the Revised Code, the 2,270
purchasing and contracting requirements contained in sections 2,272
125.02 to 125.111 of the Revised Code and any of the requirements 2,273
of Chapter 153. of the Revised Code that otherwise would apply to 2,274
the agency. The director of public safety or the deputy 2,275
EXECUTIVE director of the emergency management agency shall make 2,277
the request for the suspension of these requirements to the
department of administrative services concurrently with the 2,279
request to the governor or the president of the United States for 2,280
the declaration of an emergency. The governor also shall include 2,281
in any proclamation the governor issues declaring an emergency 2,282
language requesting the suspension of those requirements during 2,283
the period of the emergency. 2,284
Sec. 125.04. (A) Except as provided in division (D) of 2,293
this section, the department of administrative services shall 2,294
determine what supplies and services are purchased by or for 2,295
state agencies. Whenever the department of administrative 2,296
services makes any change or addition to the lists of supplies 2,297
and services that it determines to purchase for state agencies, 2,298
it shall provide a list to the agencies of the changes or 2,299
additions and indicate when the department will be prepared to 2,300
furnish each item listed. Except for the requirements of 2,301
division (B) of section 125.11 of the Revised Code, sections 2,302
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 2,303
apply to or affect the educational institutions of the state. 2,304
56
The department shall not include the bureau of workers' 2,305
compensation in the lists of supplies, equipment, and services 2,306
purchased and furnished by the department. 2,307
Nothing in this division precludes the bureau from entering 2,309
into a contract with the department for the department to perform 2,310
services relative to supplies, equipment, and services contained 2,311
in this division for the bureau. 2,312
(B) As used in this division, "political subdivision" 2,314
means any county, township, municipal corporation, school 2,315
district, conservancy district, township park district, park 2,316
district created under Chapter 1545. of the Revised Code, 2,317
regional transit authority, regional airport authority, regional 2,318
water and sewer district, or port authority. "Political 2,319
subdivision" also includes any other political subdivision 2,320
described in the Revised Code that has been approved by the 2,321
department to participate in the department's contracts under
this division. 2,322
Subject to division (C) of this section, the department of 2,325
administrative services may permit a political subdivision to 2,326
participate in contracts into which the department has entered 2,327
for the purchase of supplies and services. Any political 2,328
subdivision desiring to participate in such THOSE purchase 2,329
contracts shall file with the department a certified copy of an 2,331
ordinance or resolution of the legislative authority or governing 2,332
board of the political subdivision. The resolution or ordinance 2,333
shall request that the political subdivision be authorized to 2,334
participate in such THOSE contracts and shall agree that the 2,335
political subdivision will be bound by such THE terms and 2,337
conditions as the department prescribes and that it will directly 2,339
pay the vendor under each purchase contract. The department may 2,340
charge a political subdivision a reasonable fee to cover the 2,341
administrative costs the department incurs as a result of the 2,342
subdivision's participation in the purchase contract. Purchases 2,343
made by a political subdivision under this division are exempt 2,344
57
from any competitive selection procedures otherwise required by 2,345
law. No political subdivision shall make any purchase under this 2,346
division when bids have been received for such THE purchase by 2,347
the subdivision, unless such THE purchase can be made upon the 2,348
same terms, conditions, and specifications at a lower price under 2,349
this division. 2,350
The department shall include in its annual report an 2,352
estimate of the cost it incurs by permitting political 2,353
subdivisions to participate in contracts pursuant to this 2,354
division. The department may require political subdivisions 2,355
participating in contracts pursuant to this division to file a 2,356
report with the department, as often as it finds necessary, 2,357
stating how many such OF THOSE contracts the political 2,358
subdivisions participate in within a specified period of time, 2,360
and any other information the department requires. 2,361
(C) A political subdivision as defined in division (B) of 2,363
this section may purchase supplies or services from another 2,365
party, including another political subdivision, instead of
through participation in contracts described in division (B) of 2,367
this section if the political subdivision can purchase those 2,368
supplies or services from the other party upon equivalent terms, 2,369
conditions, and specifications but at a lower price than it can 2,370
through those contracts. Purchases that a political subdivision 2,371
makes under this division are exempt from any competitive 2,372
selection procedures otherwise required by law. A political 2,373
subdivision that makes any purchase under this division shall 2,374
maintain sufficient information regarding the purchase to verify 2,376
that the political subdivision satisfied the conditions for 2,377
making a purchase under this division. Nothing in this division 2,378
restricts any action taken by a county or township as authorized 2,380
by division (A) of section 9.48 of the Revised Code. 2,381
(D) This section does not apply to supplies or services 2,383
required by the legislative or judicial branches, boards of 2,384
elections, the capitol square review and advisory board, OR the 2,385
58
adjutant general, to supplies or services purchased by a state 2,386
agency directly as provided in division (A) or (E) of section 2,387
125.05 of the Revised Code, to purchases of supplies or services 2,389
for the emergency management agency as provided in section 2,390
125.023 of the Revised Code, TO PURCHASES OF SUPPLIES OR SERVICES 2,391
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE 2,392
NORTHWEST OHIO CLOSE SECURITY PRISON AS PROVIDED IN DIVISION (B) 2,393
OF SECTION 5145.19 OF THE REVISED CODE, or to purchases of 2,394
supplies or services for the department of rehabilitation and 2,395
correction in its operation of the program for the employment of 2,396
prisoners established under section 5145.16 of the Revised Code 2,397
that shall be made pursuant to rules adopted by the director of 2,398
administrative services and the director of rehabilitation and 2,399
correction in accordance with Chapter 119. of the Revised Code. 2,400
The rules may provide for the exemption of the program for the 2,401
employment of prisoners from the requirements of division (A) of 2,402
this section.
Sec. 125.15. All state agencies required to secure any 2,412
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 2,413
make acquisition in the manner and upon forms prescribed by the 2,414
director of administrative services and shall reimburse the 2,415
department for the equipment, materials, supplies, services, or 2,416
contracts of insurance, including a reasonable sum to cover the 2,417
department's administrative costs, wherever WHENEVER 2,418
reimbursement is required by the department. The money so paid 2,419
shall be deposited in the state treasury to the credit of the 2,420
general services fund, computer services fund, or 2,422
telecommunication THE INFORMATION TECHNOLOGY fund, as 2,423
appropriate. Such funds are hereby created. 2,424
Sec. 125.28. Each state agency that is supported in whole 2,433
or in part by nongeneral revenue fund money and that occupies 2,434
space in the James A. Rhodes or Frank J. Lausche state office 2,435
tower, Toledo government center, Senator Oliver R. Ocasek 2,436
59
government office building, Vern Riffe center for government and 2,437
the arts, state of Ohio computer center, capitol square, or 2,438
governor's mansion shall reimburse the general revenue fund for 2,439
the cost of occupying such THE space in the ratio that the 2,440
occupied space in each facility attributable to such money bears 2,442
to the total space occupied by the state agency in the facility. 2,443
All agencies that occupy space in the old blind school, OR 2,446
the Ohio departments building, or THAT OCCUPY WAREHOUSE SPACE IN 2,447
the general services facility shall reimburse the department for 2,449
the cost of occupying such THE space. The director of 2,451
administrative services shall determine the amount of debt 2,452
service, if any, to be charged to building tenants and shall 2,453
collect reimbursements therefor FOR IT. 2,454
Each agency that is supported in whole or in part by 2,456
nongeneral revenue fund money and that occupies space in any 2,457
other facility or facilities owned and maintained by the 2,458
department of administrative services OR SPACE IN THE GENERAL 2,459
SERVICES FACILITY OTHER THAN WAREHOUSE SPACE shall reimburse the 2,460
department for the cost of occupying such THE space, including 2,461
debt service, if any, in the ratio that the occupied space in 2,463
each facility attributable to such money bears to the total space 2,464
occupied by the state agency in the facility. 2,465
The director of administrative services may provide 2,467
building maintenance services AND SKILLED TRADES SERVICES to any 2,468
state agency occupying space in a facility THAT IS not owned by 2,470
the department of administrative services and MAY collect 2,471
reimbursements for the cost of providing such services. 2,472
All money collected by the department for operating 2,475
expenses of facilities owned or maintained by the department 2,476
shall be deposited into the state treasury to the credit of the 2,477
facilities BUILDING management fund, which is hereby created. 2,479
ALL MONEY COLLECTED BY THE DEPARTMENT FOR SKILLED TRADES SERVICES 2,480
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE
SKILLED TRADES FUND, WHICH IS HEREBY CREATED. All money 2,481
60
collected for debt service shall be deposited into the general 2,483
revenue fund.
The director of administrative services shall determine the 2,485
reimbursable cost of space in state-owned or state-leased 2,487
facilities and shall collect reimbursements therefor FOR THAT 2,488
COST.
Sec. 126.12. (A) The office of budget and management 2,497
shall prepare and administer a statewide indirect cost allocation 2,499
plan that provides for the recovery of statewide indirect costs 2,500
from any fund of the state. The director of budget and 2,501
management may make transfers of statewide indirect costs from 2,502
the appropriate fund of the state to the general revenue fund on 2,503
an intrastate transfer voucher. The director, for reasons of 2,504
sound financial management, also may waive the recovery of 2,505
statewide indirect costs. Prior to making a transfer in 2,506
accordance with this division, the director shall notify the 2,507
affected agency of the amounts to be transferred. 2,508
(B) As used in this section, "statewide indirect costs" 2,510
means operating costs incurred by an agency in providing services 2,511
to any other agency, for which there was no billing to such other 2,512
agency for the services provided, and for which disbursements 2,513
have been made from the general revenue fund. 2,514
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 2,516
IN ORDER TO REDUCE THE PAYMENT OF ADJUSTMENTS TO THE FEDERAL 2,517
GOVERNMENT AS DETERMINED UNDER THE PLAN PREPARED UNDER DIVISION 2,518
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL, 2,519
ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH FISCAL YEAR, 2,520
DESIGNATE SUCH FUNDS OF THE STATE AS THE DIRECTOR CONSIDERS 2,521
NECESSARY TO RETAIN THEIR OWN INTEREST EARNINGS. 2,522
Sec. 126.21. (A) The director of budget and management 2,531
shall do all of the following: 2,533
(A)(1) Keep all necessary accounting records; 2,535
(B)(2) Prescribe and maintain the accounting system of the 2,537
state and establish appropriate accounting procedures and charts 2,538
61
of accounts; 2,539
(C)(3) Establish procedures for the use of written, 2,541
electronic, optical, or other communications media for approving 2,543
payment vouchers;
(D)(4) Reconcile, in the case of any variation between the 2,545
amount of any appropriation and the aggregate amount of items 2,546
thereof OF THE APPROPRIATION, with the advice and assistance of 2,547
the state agency affected thereby BY IT and the legislative 2,549
budget office of the legislative service commission, totals so as 2,550
to correspond in the aggregate with the total appropriation. In 2,551
the case of a conflict between the item and the total of which it 2,552
is a part, the item shall be considered the intended 2,553
appropriation.
(E)(5) Evaluate on an ongoing basis and, if necessary, 2,555
recommend improvements to the internal controls used in state 2,556
agencies; 2,557
(F)(6) Authorize the establishment of petty cash accounts. 2,560
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to 2,561
return to the state treasury any unexpended balance shown by the 2,563
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 2,565
expenditures of such THE petty cash and shall report when 2,566
requested the balance of petty cash on hand at any time. 2,568
(G)(7) Process orders, invoices, vouchers, claims, and 2,570
payrolls and prepare financial reports and statements; 2,571
(H)(8) Perform such extensions, reviews, and compliance 2,574
checks prior to approving a payment as the director considers 2,575
necessary; 2,576
(I)(9) Issue the official comprehensive annual financial 2,578
report of the state. The report shall cover all funds and 2,579
account groups of the state reporting entity and shall include 2,580
general purpose financial statements prepared in accordance with 2,581
generally accepted accounting principles and such other 2,582
62
information as the director provides. All state agencies, 2,583
authorities, institutions, offices, retirement systems, and other 2,584
component units of the state reporting entity as determined by 2,585
the director shall furnish the director whatever financial 2,586
statements and other information the director requests for the 2,588
report, in such THE form, at such THE times, covering such THE 2,589
periods, and with such THE attestation as the director 2,590
prescribes. The information for state institutions of higher 2,591
education, as such term is defined in section 3345.011 of the 2,592
Revised Code, shall be submitted to the director by the Ohio 2,593
board of regents. The board shall establish a due date by which 2,594
each such institution shall submit the information to the board, 2,595
but no such date shall be later than one hundred twenty days 2,596
after the end of the state fiscal year unless a later date is 2,597
approved by the director.
(B) IN ADDITION TO THE DIRECTOR'S DUTIES UNDER DIVISION 2,600
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
ESTABLISH AND ADMINISTER ONE OR MORE STATE PAYMENT CARD PROGRAMS 2,601
THAT PERMIT OR REQUIRE STATE AGENCIES TO USE A PAYMENT CARD TO 2,602
PURCHASE EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES IN 2,603
ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR. THE DIRECTOR 2,604
MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE THE PAYMENT
CARDS AND PAYMENT CARD SERVICES. STATE AGENCIES MAY ONLY 2,605
PARTICIPATE IN STATE PAYMENT CARD PROGRAMS THAT THE DIRECTOR 2,606
ESTABLISHES PURSUANT TO THIS SECTION.
Sec. 126.25. The accounting services provided by the 2,615
director of budget and management shall be supported by user 2,616
charges. He THE DIRECTOR shall determine a rate that is 2,618
sufficient to defray the expense of such THOSE services and the 2,619
manner by which such THOSE charges shall be collected. All money 2,620
collected from user charges OR FROM ANY REBATES OR REVENUE SHARES 2,621
RECEIVED FROM ANY STATE PAYMENT CARD PROGRAM ESTABLISHED UNDER 2,622
DIVISION (B) OF SECTION 126.21 OF THE REVISED CODE shall be 2,624
deposited in the state treasury to the credit of the state
63
accounting fund, which is hereby created. 2,625
Sec. 126.31. (A) Any officer, member, or employee of, or 2,634
consultant to, the general assembly, supreme court, court of 2,635
appeals, court of claims, any agency of any of these, or any 2,636
state university or college as defined in division (A)(1) of 2,637
section 3345.12 of the Revised Code, may be reimbursed for his 2,638
actual and necessary traveling and other expenses incurred while 2,639
attending any gathering, conference, or convention, or while 2,640
performing official duties, inside or outside this state, if 2,641
authorized by the general assembly or by that court, agency, 2,642
university, or college, respectively. Reimbursement shall be 2,643
made in the manner, and at rates that do not exceed those, 2,644
prescribed by law or, in the absence of such law, in the manner, 2,645
and at rates that do not exceed those, established by the general 2,646
assembly or by that court, agency, university, or college, 2,647
respectively. 2,648
(B) Any officer, member, or employee of, or consultant to, 2,650
any other state agency, OTHER THAN A STATE AGENCY DESCRIBED IN 2,652
DIVISION (A) OF THIS SECTION, whose compensation is paid in whole 2,653
or in part from state funds may be reimbursed DIRECTLY for his 2,654
actual and necessary traveling and other expenses incurred while 2,655
THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT IS attending any 2,657
gathering MEETING, conference, or RETREAT, convention, OR SIMILAR 2,658
GATHERING, or while THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT 2,660
IS performing official duties, inside or outside this state, if 2,661
authorized by that state agency, OR THE PROVIDER OF GOODS OR 2,662
SERVICES TO THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT MAY BE 2,663
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 2,664
Notwithstanding any other statute to the contrary, reimbursement 2,665
TO THE OFFICER, MEMBER, EMPLOYEE, CONSULTANT, OR PROVIDER shall 2,666
be made in the manner, and at rates that do not exceed those, 2,667
provided by rule of the director of budget and management adopted 2,668
in accordance with Chapter 119. SECTION 111.15 of the Revised 2,670
Code. Not later than the thirtieth day of September each year, 2,671
64
the director of budget and management shall submit to the 2,672
president and minority leader of the senate and the speaker and 2,673
minority leader of the house of representatives a summary of all 2,674
out-of-state travel expenditures reimbursed by any such state
agencies UNDER THIS DIVISION during the preceding fiscal year. 2,675
(C) The spouse of the governor may be reimbursed DIRECTLY 2,678
for the spouse's actual and necessary traveling and other 2,680
expenses incurred while attending any gathering MEETING,
conference, or RETREAT, convention, OR SIMILAR GATHERING to 2,682
assist or serve the governor in the discharge of the governor's 2,683
official duties, or while otherwise assisting or serving the 2,684
governor in the discharge of the governor's official duties, 2,685
inside or outside this state, if authorized by the governor, OR 2,686
THE PROVIDER OF GOODS OR SERVICES TO THE GOVERNOR'S SPOUSE MAY BE 2,687
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 2,688
Notwithstanding any other statute to the contrary, reimbursement 2,689
made under this division is exclusively for the use and benefit 2,690
of the governor's spouse and shall not be considered as inuring 2,691
to the use or benefit of the governor for any purpose. 2,692
Reimbursement shall be made in the manner, and at rates that do 2,693
not exceed those, provided by rule of the director of budget and 2,694
management adopted in accordance with Chapter 119. SECTION 111.15 2,695
of the Revised Code.
(D) THE DIRECTOR OF BUDGET AND MANAGEMENT, BY RULE ADOPTED 2,697
IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE, MAY 2,698
ESTABLISH MAXIMUM ALLOWABLE EXPENSES AND ASSOCIATED REASONABLE 2,699
RATES THAT A STATE AGENCY, WHOSE OFFICERS, MEMBERS, EMPLOYEES, 2,700
AND CONSULTANTS ARE SUBJECT TO DIVISION (B) OF THIS SECTION, MAY 2,701
INCUR FOR MEETINGS, CONFERENCES, RETREATS, CONVENTIONS, AND OTHER
SIMILAR GATHERINGS, AND MAY ESTABLISH THE MANNER IN WHICH THOSE 2,702
MAXIMUM ALLOWABLE EXPENSES MAY BE INCURRED BY THAT TYPE OF STATE 2,703
AGENCY FOR THOSE GATHERINGS. THE STATE AGENCY SHALL COMPLY WITH 2,704
THE RULES ADOPTED UNDER THIS DIVISION. 2,705
Sec. 126.32. (A) Any officer of any state agency may 2,714
65
authorize reimbursement for travel, INCLUDING THE COSTS OF 2,715
TRANSPORTATION, FOR lodging, and FOR meals to any person who is 2,717
interviewing for a position that is classified as pay range 33 or 2,718
above in schedule B of section 124.15 of the Revised Code or in 2,719
pay range 13 or above in schedule E-1 of section 124.152 of the 2,720
Revised Code, or is classified in schedule C of section 124.15 or 2,721
in schedule E-2, of section 124.152 of the Revised Code. 2,722
(B) If a person is appointed to a position listed in 2,724
section 121.03 of the Revised Code, to another comparable THE 2,725
position OF ADMINISTRATOR OF WORKERS' COMPENSATION AFTER AUGUST 2,726
31, 2000, CHAIRPERSON OF THE INDUSTRIAL COMMISSION, ADJUTANT 2,727
GENERAL, CHANCELLOR OF THE OHIO BOARD OF REGENTS, SUPERINTENDENT 2,728
OF PUBLIC INSTRUCTION, CHAIRPERSON OF THE PUBLIC UTILITIES 2,729
COMMISSION OF OHIO, OR DIRECTOR OF THE STATE LOTTERY COMMISSION, 2,730
to a position holding a fiduciary relationship to the governor, 2,732
to a position of an appointing authority of the department of 2,733
mental health, mental retardation and developmental disabilities, 2,734
or rehabilitation and correction, to a position of superintendent 2,735
in the department of youth services, or to a position under 2,736
section 122.05 of the Revised Code, and such IF THAT appointment 2,737
requires a permanent change of residence, the appropriate state 2,738
agency may reimburse the person for his THE PERSON'S actual and 2,739
necessary expenses, INCLUDING THE COST OF IN-TRANSIT STORAGE OF 2,740
HOUSEHOLD GOODS AND PERSONAL EFFECTS, of moving himself THE 2,741
PERSON and members of his THE PERSON'S immediate family residing 2,743
in his THE PERSON'S household, AND OF MOVING THEIR HOUSEHOLD 2,744
GOODS AND PERSONAL EFFECTS, to his THE PERSON'S new location. 2,746
Until such a THAT person moves his THE PERSON'S permanent 2,749
residence to the new location, but not for a period that exceeds 2,750
thirty consecutive days, the state agency may reimburse the 2,751
person for his THE PERSON'S temporary living expenses at the new 2,752
location that he THE PERSON has incurred on behalf of himself THE 2,754
PERSON and members of his THE PERSON'S immediate family residing 2,756
in his THE PERSON'S household. In addition, the state agency may 2,757
66
reimburse such THAT person for his THE PERSON'S travel expenses 2,758
between the new location and his THE PERSON'S former residence 2,760
during this period FOR A MAXIMUM NUMBER OF TRIPS SPECIFIED BY 2,761
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT, BUT THE STATE 2,762
AGENCY SHALL NOT REIMBURSE THE PERSON FOR TRAVEL EXPENSES 2,763
INCURRED FOR THOSE TRIPS BY MEMBERS OF THE PERSON'S IMMEDIATE
FAMILY. With the prior written approval of the director of 2,765
budget and management, the maximum thirty-day period for 2,766
temporary living expenses may be extended for a person appointed 2,767
to a position under section 122.05 of the Revised Code. 2,768
The director of development may reimburse a person 2,770
appointed to a position under section 122.05 of the Revised Code 2,771
for his THE PERSON'S actual and necessary expenses of moving 2,772
himself THE PERSON and members of his THE PERSON'S immediate 2,774
family residing in his THE PERSON'S household back to the United 2,776
States AND MAY REIMBURSE A PERSON APPOINTED TO SUCH A POSITION
FOR THE COST OF STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS 2,777
OF THE PERSON AND THE PERSON'S IMMEDIATE FAMILY WHILE THE PERSON 2,778
IS SERVING OUTSIDE THE UNITED STATES, IF THE PERSON'S OFFICE 2,779
OUTSIDE THE UNITED STATES IS THE PERSON'S PRIMARY JOB LOCATION. 2,780
(C) All reimbursement under DIVISION (A) OR (B) OF this 2,783
section shall be made in the manner, and at rates that do not 2,784
exceed those, provided by rule of the director of budget and 2,785
management in accordance with Chapter 119. SECTION 111.15 of the 2,786
Revised Code. REIMBURSEMENTS MAY BE MADE UNDER DIVISION (B) OF 2,787
THIS SECTION DIRECTLY TO THE PERSONS WHO INCURRED THE EXPENSES OR 2,788
DIRECTLY TO THE PROVIDERS OF GOODS OR SERVICES THE PERSONS 2,789
RECEIVE, AS DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 2,790
Sec. 127.16. (A) Upon the request of either a state 2,799
agency or the director of budget and management and after the 2,800
controlling board determines that an emergency or a sufficient 2,801
economic reason exists, the controlling board may approve the 2,803
making of a purchase without competitive selection as provided in
division (B) of this section. 2,804
67
(B) Except as otherwise provided in this section, no state 2,806
agency, using money that has been appropriated to it directly, 2,807
shall: 2,808
(1) Make any purchase from a particular supplier, that 2,810
would amount to fifty thousand dollars or more when combined with 2,811
both the amount of all disbursements to the supplier during the 2,812
fiscal year for purchases made by the agency and the amount of 2,813
all outstanding encumbrances for purchases made by the agency 2,814
from the supplier, unless the purchase is made by competitive 2,815
selection or with the approval of the controlling board; 2,816
(2) Lease real estate from a particular supplier, if the 2,818
lease would amount to seventy-five thousand dollars or more when 2,819
combined with both the amount of all disbursements to the 2,820
supplier during the fiscal year for real estate leases made by 2,821
the agency and the amount of all outstanding encumbrances for 2,822
real estate leases made by the agency from the supplier, unless 2,823
the lease is made by competitive selection or with the approval 2,824
of the controlling board. 2,825
(C) Any person who authorizes a purchase in violation of 2,827
division (B) of this section shall be liable to the state for any 2,828
state funds spent on the purchase, and the attorney general shall 2,829
collect the amount from the person. 2,830
(D) Nothing in division (B) of this section shall be 2,832
construed as: 2,833
(1) A limitation upon the authority of the director of 2,835
transportation as granted in sections 5501.17, 5517.02, and 2,836
5525.14 of the Revised Code; 2,837
(2) Applying to medicaid provider agreements under Chapter 2,839
5111. of the Revised Code or payments or provider agreements 2,842
under disability assistance medical assistance established under 2,843
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 2,845
supplier by a state licensing board under Title XLVII of the 2,846
Revised Code; 2,847
68
(4) Applying to entertainment contracts for the Ohio state 2,849
fair entered into by the Ohio expositions commission, provided 2,850
that the controlling board has given its approval to the 2,851
commission to enter into such contracts and has approved a total 2,852
budget amount for such contracts as agreed upon by commission 2,853
action, and that the commission causes to be kept itemized 2,854
records of the amounts of money spent under each contract and 2,855
annually files those records with the clerk of the house of 2,857
representatives and the clerk of the senate following the close 2,858
of the fair;
(5) Limiting the authority of the chief of the division of 2,860
mines and reclamation to contract for reclamation work with an 2,861
operator mining adjacent land as provided in section 1513.27 of 2,862
the Revised Code; 2,863
(6) Applying to investment transactions and procedures of 2,865
any state agency, except that the agency shall file with the 2,866
board the name of any person with whom the agency contracts to 2,867
make, broker, service, or otherwise manage its investments, as 2,868
well as the commission, rate, or schedule of charges of such 2,869
person with respect to any investment transactions to be 2,870
undertaken on behalf of the agency. The filing shall be in a 2,871
form and at such times as the board considers appropriate. 2,872
(7) Applying to purchases made with money for the per cent 2,874
for arts program established by section 3379.10 of the Revised 2,875
Code; 2,876
(8) Applying to purchases made by the rehabilitation 2,878
services commission of services, or supplies, that are provided 2,879
to persons with disabilities, or to purchases made by the 2,880
commission in connection with the eligibility determinations it 2,881
makes for applicants of programs administered by the social 2,882
security administration; 2,883
(9) Applying to payments by the department of human 2,885
services under section 5111.13 of the Revised Code for group 2,886
health plan premiums, deductibles, coinsurance, and other 2,887
69
cost-sharing expenses; 2,888
(10) Applying to any agency of the legislative branch of 2,890
the state government; 2,891
(11) Applying to agreements entered into under section 2,893
5101.11, 5101.21, or 5101.211 of the Revised Code; 2,894
(12) Applying to purchases of services by the adult parole 2,896
authority under section 2967.14 of the Revised Code or by the 2,897
department of youth services under section 5139.08 of the Revised 2,898
Code; 2,899
(13) Applying to dues or fees paid for membership in an 2,901
organization or association; 2,902
(14) Applying to purchases of utility services pursuant to 2,904
section 9.30 of the Revised Code; 2,905
(15) Applying to purchases made in accordance with rules 2,907
adopted by the department of administrative services of motor 2,908
vehicle, aviation, or watercraft fuel, or emergency repairs of 2,909
such vehicles; 2,910
(16) Applying to purchases of tickets for passenger air 2,912
transportation; 2,913
(17) Applying to purchases necessary to provide public 2,915
notifications required by law or to provide notifications of job 2,916
openings; 2,917
(18) Applying to the judicial branch of state government; 2,919
(19) Applying to purchases of liquor for resale by the 2,921
department or, on and after July 1, 1997, the division of liquor 2,922
control;
(20) Applying to purchases of motor courier and freight 2,924
services made in accordance with department of administrative 2,925
services rules; 2,926
(21) Applying to purchases from the United States postal 2,928
service and purchases of stamps and postal meter replenishment 2,929
from vendors at rates established by the United States postal 2,930
service; 2,931
(22) Applying to purchases of books, periodicals, 2,933
70
pamphlets, newspapers, maintenance subscriptions, and other 2,934
published materials; 2,935
(23) Applying to purchases from other state agencies, 2,937
including state-assisted institutions of higher education; 2,938
(24) Limiting the authority of the director of 2,940
environmental protection to enter into contracts under division 2,941
(D) of section 3745.14 of the Revised Code to conduct compliance 2,942
reviews, as defined in division (A) of that section; 2,943
(25) Applying to purchases from a qualified nonprofit 2,945
agency pursuant to sections 4115.31 to 4115.35 of the Revised 2,946
Code; 2,947
(26) Applying to payments by the department of human 2,949
services to the United States department of health and human 2,950
services for printing and mailing notices pertaining to the tax 2,951
refund offset program of the internal revenue service of the 2,952
United States department of the treasury; 2,953
(27) Applying to contracts entered into by the department 2,955
of mental retardation and developmental disabilities under 2,956
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 2,957
(28) Applying to payments made by the department of mental 2,959
health under a physician recruitment program authorized by 2,960
section 5119.101 of the Revised Code; 2,961
(29) Applying to contracts entered into with persons by 2,963
the director of commerce for unclaimed funds collection and 2,964
remittance efforts as provided in division (F) of section 169.03 2,966
of the Revised Code. The director shall keep an itemized 2,969
accounting of unclaimed funds collected by those persons and 2,970
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 2,972
higher education in accordance with the terms of a contract 2,974
between the vendor and an inter-university purchasing group 2,975
comprised of purchasing officers of state institutions of higher 2,976
education;
(31) APPLYING TO THE DEPARTMENT OF HUMAN SERVICES' 2,978
71
PURCHASES OF HEALTH ASSISTANCE SERVICES UNDER THE CHILDREN'S 2,979
HEALTH INSURANCE PROGRAM PART I PROVIDED FOR UNDER SECTION 2,980
5101.50 OF THE REVISED CODE OR THE CHILDREN'S HEALTH INSURANCE 2,981
PROGRAM PART II PROVIDED FOR UNDER SECTION 5101.51 OF THE REVISED 2,982
CODE.
(E) Notwithstanding division (B)(1) of this section, the 2,984
cumulative purchase threshold shall be seventy-five thousand 2,985
dollars for the departments of mental retardation and 2,986
developmental disabilities, mental health, rehabilitation and 2,987
correction, and youth services. 2,988
(F) When determining whether a state agency has reached 2,990
the cumulative purchase thresholds established in divisions 2,991
(B)(1), (B)(2), and (E) of this section, all of the following 2,992
purchases by such agency shall not be considered: 2,993
(1) Purchases made through competitive selection or with 2,995
controlling board approval; 2,996
(2) Purchases listed in division (D) of this section; 2,998
(3) For the purposes of the thresholds of divisions (B)(1) 3,000
and (E) of this section only, leases of real estate. 3,001
(G) As used in this section, "competitive selection," 3,003
"purchase," "supplies," and "services" have the same meanings as 3,004
in section 125.01 of the Revised Code. 3,005
Sec. 131.01. As used in Chapters 113., 117., 123., 124., 3,014
125., 126., 127., and 131. of the Revised Code, and any statute 3,015
that uses the terms in connection with state accounting or 3,016
budgeting: 3,017
(A) "Account" means any record, element, or summary in 3,019
which financial transactions are identified and recorded as debit 3,020
or credit transactions in order to summarize items of a similar 3,021
nature or classification. 3,022
(B) "Accounting procedure" means the arrangement of all 3,024
processes which discover, record, and summarize financial 3,025
information to produce financial statements and reports and to 3,026
provide internal control. 3,027
72
(C) "Accounting system" means the total structure of 3,029
records and procedures which discover, record, classify, and 3,030
report information on the financial position and operations of a 3,031
governmental unit or any of its funds, balanced account groups, 3,032
and organizational components. 3,033
(D) "Allocation" means a portion of an appropriation which 3,035
is designated for expenditure by specific organizational units or 3,036
for special purposes, activities, or objects that do not relate 3,037
to a period of time. 3,038
(E) "Allotment" means all or part of an appropriation 3,040
which may be encumbered or expended within a specific period of 3,041
time. 3,042
(F) "Appropriation" means an authorization granted by the 3,044
general assembly to make expenditures and to incur obligations 3,045
for specific purposes. 3,046
(G) "Assets" means resources owned, controlled, or 3,048
otherwise used or held by the state which have monetary value. 3,049
(H) "Budget" means the plan of financial operation 3,051
embodying an estimate of proposed expenditures and obligations 3,052
for a given period and the proposed means of financing them. 3,053
(I) "Direct deposit" is a form of electronic funds 3,055
transfer in which money is electronically deposited into the 3,056
account of a person or entity at a financial institution. 3,057
(J) "Disbursement" means a payment made for any purpose. 3,059
(K) "Electronic benefit transfer" means the electronic 3,061
delivery of public assistance benefits through automated teller 3,062
machines, point of sale terminals, or other electronic media 3,063
pursuant to section 5101.33 of the Revised Code. 3,064
(L) "Electronic funds transfer" means the electronic 3,066
movement of funds via automated clearing house or wire transfer. 3,067
(M) "Encumbrancing document" means a document reserving 3,069
all or part of an appropriation. 3,070
(N) "Expenditure" means a reduction of the balance of an 3,072
appropriation after legal requirements have been met. 3,073
73
(O) "Fund" means an independent fiscal and accounting 3,075
entity with a self-balancing set of accounts recording cash or 3,076
other resources, together with all related liabilities, 3,077
obligations, reserves, and fund balances which are segregated for 3,078
the purpose of carrying on specific activities or attaining 3,079
certain objectives in accordance with special rules, 3,080
restrictions, or limitations. 3,081
(P) "Lapse" means the automatic termination of an 3,083
appropriation at the end of the fiscal period for which it was 3,084
appropriated. 3,085
(Q) "Reappropriation" means an appropriation of a previous 3,087
appropriation that is continued in force in a succeeding 3,088
appropriation period. "Reappropriation" shall be equated with 3,089
and incorporated in the term "appropriation." 3,090
(R) "Voucher" means the document used to transmit a claim 3,092
for payment and evidentiary matter related to the claim. 3,093
(S) "Warrant" means an order drawn upon the treasurer of 3,095
state by the auditor of state directing the treasurer of state to 3,096
pay a specified amount, including an order to make a lump-sum 3,097
payment to a financial institution for the transfer of funds by 3,098
direct deposit or the drawdown of funds by electronic benefit 3,099
transfer, and the resulting electronic transfer to or by the 3,100
ultimate payees. 3,101
The terms defined in this section shall be used, on all 3,103
accounting forms, reports, formal rules, and budget requests 3,104
produced by a state agency, only as defined in this section. 3,105
Sec. 131.39. IF A STATE AGENCY DETERMINES THAT ALL OR A 3,107
PORTION OF A FEE, FINE, PENALTY, OR OTHER NONTAX PAYMENT MADE TO 3,108
THE AGENCY IS NOT OWED, THE AGENCY MAY REFUND, FROM THE FUND TO 3,109
WHICH THE PAYMENT WAS CREDITED, THE AMOUNT THAT IS NOT OWED. IF 3,110
THE AGENCY LACKS SUFFICIENT UNENCUMBERED APPROPRIATIONS TO MAKE 3,111
THE REFUND, THE AGENCY MAY REQUEST THE CONTROLLING BOARD FOR
AUTHORITY TO MAKE THE REFUND. THE BOARD MAY AUTHORIZE THE AGENCY 3,112
TO MAKE THE REFUND UPON A DETERMINATION THAT THE REFUND IS DUE 3,113
74
AND THAT SUFFICIENT UNENCUMBERED MONEY REMAINS IN THE FUND. 3,114
THIS SECTION DOES NOT SUPERSEDE ANY AUTHORITY TO REFUND A 3,116
PAYMENT THAT AN AGENCY HAS UNDER ANY OTHER LAW. 3,117
Sec. 149.30. The Ohio historical society, chartered by 3,127
this state as a corporation not for profit to promote a knowledge 3,128
of history and archaeology, especially of Ohio, and operated 3,129
continuously in the public interest since 1885, may perform 3,130
public functions as prescribed by law. 3,131
The general assembly may appropriate money to the Ohio 3,133
historical society each biennium to carry out the public 3,134
functions of the society as enumerated in this section. An 3,135
appropriation by the general assembly to the society constitutes 3,136
an offer to contract with the society to carry out those public 3,137
functions for which appropriations are made. An acceptance by 3,138
the society of the appropriated funds constitutes an acceptance 3,139
by the society of the offer and is considered an agreement by the 3,140
society to perform those functions in accordance with the terms 3,141
of the appropriation and the law and to expend the funds only for 3,142
the purposes for which appropriated. The governor may request on 3,143
behalf of the society, and the controlling board may release, 3,144
additional funds to the society for survey, salvage, repair, or 3,145
rehabilitation of an emergency nature for which funds have not 3,146
been appropriated, and acceptance by the society of such moneys 3,147
THOSE FUNDS constitutes an agreement on the part of the society 3,148
to expend such THOSE funds only for the purpose for which 3,150
released by the controlling board. 3,151
The society shall faithfully expend and apply all moneys 3,153
received from the state to the uses and purposes directed by law 3,154
and for necessary administrative expenses. The society shall 3,155
perform the public function of sending notice by certified mail 3,156
to the owner of any property at the time it is listed on the 3,157
national register of historic places. The society shall 3,158
accurately record all expenditures of such funds in conformity 3,159
with generally accepted accounting principles. 3,160
75
The auditor of state shall audit all funds and fiscal 3,162
records of the society. 3,163
The public functions to be performed by the Ohio historical 3,165
society shall include ALL OF THE FOLLOWING: 3,166
(A) Creating, supervising, operating, protecting, 3,168
maintaining, and promoting for public use a system of state 3,169
memorials, titles to which may reside wholly or in part with this 3,170
state or wholly or in part with the society as provided in and in 3,171
conformity to appropriate acts and resolves of the general 3,172
assembly, and leasing for renewable periods of two years or less, 3,173
with the advice and consent of the attorney general and the 3,174
director of administrative services, lands and buildings owned by 3,175
the state which are in the care, custody, and control of the 3,176
society, all of which shall be maintained and kept for public use 3,177
at reasonable hours; 3,178
(B) Making alterations and improvements, marking, and 3,180
constructing, reconstructing, protecting, or restoring 3,181
structures, earthworks, and monuments in its care, and equipping 3,182
such facilities with appropriate educational maintenance 3,183
facilities; 3,184
(C) Serving as the archives administration for the state 3,186
and its political subdivisions as provided in sections 149.31 to 3,187
149.42 of the Revised Code; 3,188
(D) Administering a state historical museum, to be the 3,190
headquarters of the society and its principal museum and library, 3,191
which shall be maintained and kept for public use at reasonable 3,192
hours; 3,193
(E) Establishing a marking system to identify all 3,195
designated historic and archaeological sites within the state and 3,196
marking or causing to be marked historic sites and communities 3,197
considered by the society to be historically or archaeologically 3,198
significant; 3,199
(F) Publishing books, pamphlets, periodicals, and other 3,201
publications about history, archaeology, and natural science and 3,202
76
supplying one copy of each regular periodical issue to all public 3,203
libraries in this state without charge; 3,204
(G) Engaging in research in history, archaeology, and 3,206
natural science and providing historical information upon request 3,207
to all state agencies; 3,208
(H) Collecting, preserving, and making available by all 3,210
appropriate means and under approved safeguards all manuscript, 3,211
print, or near-print library collections and all historical 3,212
objects, specimens, and artifacts which pertain to the history of 3,213
Ohio and its people, including the following original documents: 3,214
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 3,215
Ohio Constitution of 1875; design and the letters of patent and 3,216
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 3,217
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 3,218
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 3,219
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 3,220
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 3,221
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 3,222
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 3,223
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 3,224
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 3,225
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 3,226
(1947); 3,227
(I) Encouraging and promoting the organization and 3,229
development of county and local historical societies; 3,230
(J) Providing Ohio schools with such materials at cost or 3,232
near cost as the society may prepare to facilitate the 3,233
instruction of Ohio history; 3,234
(K) Providing advisory and technical assistance to local 3,236
societies for the preservation and restoration of historic and 3,237
archaeological sites; 3,238
(L) Devising uniform criteria for the designation of 3,240
historic and archaeological sites throughout the state and 3,241
advising local historical societies of the criteria and their 3,242
77
application; 3,243
(M) Taking inventory, in cooperation with the Ohio arts 3,245
council, the Ohio archaeological council, and the archaeological 3,246
society of Ohio, of significant designated and undesignated state 3,247
and local sites and keeping an active registry of all designated 3,248
sites within the state; 3,249
(N) Contracting with the owners or persons having an 3,251
interest in designated historic or archaeological sites or 3,252
property adjacent or contiguous to such THOSE sites, or 3,253
acquiring, by purchase, gift, or devise, easements in such THOSE 3,255
sites or in property adjacent or contiguous to such THOSE sites, 3,257
in order to control or restrict the use of such THOSE historic or 3,259
archaeological sites or adjacent or contiguous property for the 3,261
purpose of restoring or preserving the historical or 3,262
archaeological significance or educational value of such THOSE 3,263
sites;
(O) Constructing a monument honoring Governor James A. 3,265
Rhodes, which shall stand on the northeast quadrant of the 3,266
grounds surrounding the capitol building. The monument shall be 3,267
constructed with private funds donated to the Ohio historical 3,268
society and designated for this purpose. No public funds shall 3,269
be expended to construct this monument. The department of 3,270
administrative services shall cooperate with the Ohio historical 3,271
society in carrying out this function and shall maintain the 3,272
monument in a manner compatible with the grounds of the capitol 3,273
building. 3,274
(P) COMMISSIONING A PORTRAIT OF EACH DEPARTING GOVERNOR, 3,276
WHICH SHALL BE DISPLAYED IN THE CAPITOL BUILDING. THE OHIO 3,277
HISTORICAL SOCIETY MAY ACCEPT PRIVATE CONTRIBUTIONS DESIGNATED 3,278
FOR THIS PURPOSE AND, AT THE DISCRETION OF ITS BOARD OF TRUSTEES, 3,279
ALSO MAY APPLY FOR THE SAME PURPOSE FUNDS APPROPRIATED BY THE 3,280
GENERAL ASSEMBLY TO THE SOCIETY PURSUANT TO THIS SECTION.
(Q) Planning and developing a center at the capitol 3,282
building for the purpose of educating visitors about the history 3,283
78
of ohio OHIO, including its political, economic, and social 3,284
development and the design and erection of the capitol building 3,285
and its grounds. The Ohio historical society may accept 3,286
contributions of private moneys and in-kind services designated 3,287
for this purpose and may, at the discretion of its board of 3,288
trustees, also apply, for the same purpose, personnel and other 3,289
resources paid in whole or in part by its state subsidy. 3,290
(Q)(R) Submitting an annual report of its activities, 3,292
programs, and operations to the governor within two months after 3,293
the close of each fiscal year of the state. 3,294
The society shall not sell, mortgage, transfer, or dispose 3,296
of historical or archaeological sites to which it has title and 3,297
in which the state has monetary interest except by action of the 3,298
general assembly. 3,299
In consideration of the public functions performed by the 3,301
Ohio historical society for the state, employees of the society 3,302
shall be considered public employees within the meaning of 3,303
section 145.01 of the Revised Code. 3,304
Sec. 166.03. (A) There is hereby created the facilities 3,313
establishment fund within the state treasury, consisting of 3,314
proceeds from the issuance of obligations as specified under 3,315
section 166.08 of the Revised Code; the moneys received by the 3,316
state from the sources specified in section 166.09 of the Revised 3,317
Code; service charges imposed under sections 166.06 and 166.07 of 3,318
the Revised Code; any grants, gifts, or contributions of moneys 3,319
received by the director of development to be used for loans made 3,320
under section 166.07 of the Revised Code or for the payment of 3,321
the allowable costs of project facilities; and all other moneys 3,322
appropriated or transferred to the fund. Moneys in the loan 3,323
guarantee fund in excess of four per cent of the unpaid principal 3,324
amount of loan repayments guaranteed under section 166.06 of the 3,325
Revised Code, but subject to the provisions and requirements of 3,326
any guarantee contracts, may be transferred to the facilities 3,327
establishment fund by the treasurer of state upon the order of 3,328
79
the director of development. Moneys received by the state under 3,329
Chapter 122. of the Revised Code, to the extent allocable to the 3,330
utilization of moneys derived from proceeds of the sale of 3,331
obligations pursuant to section 166.08 of the Revised Code, shall 3,332
be credited to the facilities establishment fund. 3,333
(B) All moneys appropriated or transferred to the 3,335
facilities establishment fund may be released at the request of 3,336
the director for payment of allowable costs or the making of 3,337
loans under this chapter, for transfer to the loan guarantee fund 3,338
established in section 166.06 of the Revised Code, or for use for 3,339
the purpose of or transfer to the funds established by sections 3,341
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 3,343
UNTIL JULY 1, 2001, SECTION 166.031 of the Revised Code, but only 3,344
for such of those purposes as are within the authorization of 3,346
Section 13 of Article VIII, Ohio Constitution, in all cases 3,347
subject to the approval of the controlling board. 3,348
(C) Moneys transferred to the facilities establishment 3,350
fund under section 3734.82 of the Revised Code shall be used 3,351
exclusively for eligible projects that recover or recycle energy 3,352
from scrap tires, as "scrap tires" is defined in section 3734.01 3,353
of the Revised Code, for any of the following purposes: 3,354
(1) Making loans under this chapter; 3,356
(2) Making grants; 3,358
(3) Providing other incentives, including, without 3,360
limitation, entering into contracts with private entities to 3,361
conduct environmental studies or tests for eligible projects that 3,362
propose to recover energy from scrap tires. 3,363
The director shall adopt rules under division (B)(9) of 3,365
section 166.02 of the Revised Code for the purpose of 3,366
administering this division. 3,367
(D) The department of development, in the administration 3,369
of the facilities establishment fund, is encouraged to utilize 3,370
and promote the utilization of, to the maximum practicable 3,371
80
extent, the other existing programs, business incentives, and tax 3,372
incentives that department is required or authorized to 3,373
administer or supervise. 3,374
Sec. 166.032. (A) THERE IS HEREBY CREATED IN THE STATE 3,377
TREASURY THE SCRAP TIRE LOANS AND GRANTS FUND, CONSISTING OF 3,379
MONEYS TRANSFERRED TO THE FUND UNDER SECTION 3734.82 OF THE 3,381
REVISED CODE. MONEYS SHALL BE USED EXCLUSIVELY FOR ELIGIBLE 3,383
PROJECTS THAT RECOVER OR RECYCLE ENERGY FROM SCRAP TIRES, AS 3,384
"SCRAP TIRES" IS DEFINED IN SECTION 3734.01 OF THE REVISED CODE, 3,385
OR FOR ELIGIBLE PROJECTS THAT REMOVE SCRAP TIRES FROM BEING 3,387
DISPOSED OF AS SOLID WASTE UNDER CHAPTER 3734. OF THE REVISED 3,388
CODE, FOR ANY OF THE FOLLOWING PURPOSES:
(1) MAKING LOANS UNDER THIS CHAPTER; 3,390
(2) MAKING GRANTS; 3,392
(3) PROVIDING OTHER INCENTIVES, INCLUDING, WITHOUT 3,394
LIMITATION, ENTERING INTO CONTRACTS WITH PRIVATE ENTITIES TO 3,395
CONDUCT ENVIRONMENTAL STUDIES OR TESTS FOR ELIGIBLE PROJECTS THAT 3,396
PROPOSE TO RECOVER ENERGY FROM SCRAP TIRES. 3,397
(B) THE DIRECTOR OF DEVELOPMENT SHALL ADOPT RULES UNDER 3,399
DIVISION (B)(9) OF SECTION 166.02 OF THE REVISED CODE FOR THE 3,401
PURPOSE OF ADMINISTERING THIS SECTION. 3,402
Sec. 166.05. (A) In determining the projects to be 3,411
assisted and the nature, amount, and terms of assistance to be 3,412
provided for an eligible project under this chapter: 3,413
(1) Except as otherwise provided in division (A)(3) of 3,415
this section, the director of development shall take into 3,416
consideration all of the following: 3,417
(a) The number of jobs to be created or preserved, 3,419
directly or indirectly; 3,420
(b) Payrolls, and the taxes generated, at both state and 3,422
local levels, by the eligible project and by the employment 3,423
created or preserved by the eligible project; 3,424
(c) The size, nature, and cost of the eligible project, 3,426
including the prospect of the project for providing long-term 3,427
81
jobs in enterprises consistent with the changing economics of the 3,428
state and the nation; 3,429
(d) The needs, and degree of needs, of the area in which 3,431
the eligible project is to be located; 3,432
(e) The needs of any private sector enterprise to be 3,434
assisted; 3,435
(f) The competitive effect of the assistance on other 3,437
enterprises providing jobs for people of the state; 3,438
(g) The amount and kind of assistance, if any, to be 3,440
provided to the private sector enterprise by other governmental 3,441
agencies through tax exemption or abatement, financing assistance 3,442
with industrial development bonds, and otherwise, with respect to 3,443
the eligible project; 3,444
(h) The impact of the eligible project and its operations 3,446
on local government services, including school services, and on 3,447
public facilities; 3,448
(i) The effect of the assistance on the loss of or damage 3,450
to or destruction of prime farmland, or the removal from 3,451
agricultural production of prime farmland. As used in this 3,452
section, "prime farmland" means agricultural land that meets the 3,453
criteria for this classification as defined by the United States 3,454
soil conservation service. 3,455
(j) The length of time the operator of the project has 3,457
been operating facilities within the state; 3,458
(k) The reservation of financial assistance made by the 3,460
general assembly for small business concerns. 3,461
(2) The benefits to the local area, including taxes, jobs, 3,463
and reduced unemployment and reduced welfare costs, among others, 3,464
may be accorded value in the leasing or sales of project 3,465
facilities and in loan and guarantee arrangements. 3,466
(3) For the purpose of making the determination required 3,468
under division (A) of this section for loans, grants, or other 3,469
incentives for eligible projects under division (C) of section 3,470
166.03 of the Revised Code, the director may consider factors 3,471
82
different from and in lieu of those established in divisions 3,472
(A)(1)(a) to (k) of this section as provided in rules adopted 3,473
pursuant to division (C) of section 166.03 of the Revised Code. 3,474
(B) Prior to granting final approval of the assistance to 3,476
be provided, the director shall determine that the benefits to be 3,478
derived by the state and local area from the establishment or 3,479
development, and operation, of the eligible project will exceed 3,480
the cost of providing such assistance and, except as provided in 3,481
division (C)(2) of this section, shall submit to the development 3,483
financing advisory council and to the controlling board a copy of 3,485
that determination including the basis for the determination. 3,486
(C)(1) Except as provided in division (C)(2) of this 3,489
section, prior to the submission provided for in division (B) of 3,491
this section to the controlling board, the director shall submit 3,492
to the development financing advisory council data pertinent to 3,494
the considerations set forth in division (A) of this section, the 3,495
terms of the proposed assistance, and such other relevant
information as the development financing advisory council may 3,497
request. 3,498
(2) The director is not required to submit any 3,500
determination, data, terms, or other application materials or 3,501
information to the development financing advisory council when 3,502
provision of the assistance has been recommended to the director 3,504
by a regional economic development entity.
(D) The development financing advisory council, on the 3,506
basis of such data, shall make recommendations as to the 3,508
appropriateness of the assistance to be provided. The 3,509
recommendations may be revised to reflect any changes in the 3,510
proposed assistance as the director may submit to the council. 3,512
The recommendations, as amended, of the council as to the 3,513
appropriateness of the proposed assistance shall be submitted to 3,514
the controlling board. 3,515
(E) Financial statements and other data submitted to the 3,517
director of development, the development financing advisory 3,518
83
council, or the controlling board by any private sector person in 3,520
connection with financial assistance under this chapter, or any 3,521
information taken from such statements or data for any purpose, 3,522
shall not be open to public inspection. The development 3,523
financing advisory council in considering confidential 3,524
information in connection with financial assistance under this 3,526
chapter may, only for consideration of the confidential 3,527
information referred to, and in the manner provided in division 3,528
(E) of section 121.22 of the Revised Code, close the meeting 3,529
during such consideration.
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 3,538
when requested, EVERY person which could be the holder of 3,539
unclaimed funds, under this chapter shall report to the director 3,540
of commerce with respect to the unclaimed funds as provided in 3,541
this section. The report shall be verified. 3,542
(2) With respect to items of unclaimed funds each having a 3,544
value of ten dollars or more, the report required under division 3,545
(A)(1) of this section shall include: 3,546
(a) The full name, if known, and last known address, if 3,548
any, of each person appearing from the records of the holder to 3,549
be the owner of unclaimed funds under this chapter; 3,550
(b) In the case of unclaimed funds reported by holders 3,552
providing life insurance coverage, the full name of the insured 3,553
or annuitant and beneficiary, if any, and their last known 3,554
addresses according to such holder's records; 3,555
(c) The nature and identifying number, if any, or 3,557
description of the funds and the amount appearing from the 3,558
records to be due; 3,559
(d) The date when the funds became payable, demandable, or 3,561
returnable and the date of the last transaction with the owner 3,562
with respect to the funds except with respect to each item of 3,563
unclaimed funds having a value of less than twenty-five dollars; 3,564
(e) Subject to division (I) of this section, the social 3,566
security number of the owner of the unclaimed funds, if it is 3,567
84
available;
(f) Other information which the director prescribes as 3,569
necessary for the administration of this chapter. 3,570
(3) With respect to items of unclaimed funds each having a 3,572
value of less than ten dollars, the report required under 3,573
division (A)(1) of this section shall include: 3,574
(a) Each category of items of unclaimed funds as described 3,576
in section 169.02 of the Revised Code; 3,577
(b) The number of items of unclaimed funds within each 3,579
category; 3,580
(c) The aggregated value of the items of unclaimed funds 3,582
within each category. 3,583
(B) If the holder of unclaimed funds is a successor to 3,585
other organizations that previously held the funds for the owner, 3,586
or if the holder has changed its name while holding the funds, it 3,587
shall file with the report all prior known names and addresses 3,588
and date and state of incorporation or formation of each holder 3,589
of the funds. 3,590
(C) The report shall be filed before the first day of 3,592
November of each year as of the preceding thirtieth day of June, 3,593
but the report of holders providing life insurance coverage shall 3,594
be filed before the first day of May of each year as of the 3,595
preceding thirty-first day of December. The director may 3,596
postpone, for good cause shown, the reporting date upon written 3,597
request by any holder required to file a report. 3,598
(D) The holder of unclaimed funds under this chapter shall 3,600
send notice to each owner of each item of unclaimed funds having 3,601
a value of twenty-five dollars or more at the last known address 3,602
of the owner as shown by the records of the holder before filing 3,603
the annual report. In case of holders providing life insurance 3,604
coverage, such notice shall also be mailed to each beneficiary at 3,605
the last known address of such beneficiary as shown by the 3,606
records of such holder, except that such notice to beneficiaries 3,607
shall not be mailed if such address is the same as that of the 3,608
85
insured and the surname of the beneficiary is the same as that of 3,609
the insured. The holder shall not report an item of unclaimed 3,610
funds earlier than the thirtieth day after the mailing of notice 3,611
required by this division. 3,612
Such notice shall set forth the nature and identifying 3,614
number, if any, or description of the funds and the amount 3,615
appearing on the records of the holder to be due the owner, and 3,616
shall inform the owner that the funds will, thirty days after the 3,617
mailing of such notice, be reported as unclaimed funds under this 3,618
chapter. A self-addressed, stamped envelope shall be included 3,619
with the notice, with instructions that the owner may use such 3,620
envelope to inform the holder of the owner's continued interest 3,622
in the funds and, if so informed before the date for making the 3,623
report to the director, the holder shall not report said funds to 3,624
the director. The notice shall be mailed by first class mail. 3,625
If there is no address of record for the owner or other person 3,626
entitled to the unclaimed funds, the holder is relieved of any 3,627
responsibility of sending notice, attempting to notify, or 3,628
notifying the owner. The mailing of notice pursuant to this 3,629
section shall discharge the holder from any further 3,630
responsibility to give notice. 3,631
(E) Verification of the report and of the mailing of 3,633
notice, where required, shall be executed by an officer of the 3,634
reporting holder. 3,635
(F) The director may at reasonable times and upon 3,637
reasonable notice examine or cause to be examined, by auditors of 3,638
supervisory departments or divisions of the state, the records of 3,639
any holder to determine compliance with this chapter. The 3,641
director may enter into contracts, pursuant to procedures 3,642
prescribed by the director, with persons for the sole purpose of 3,643
examining the records of holders, determining compliance with 3,644
this chapter, and collecting, taking possession of, and remitting 3,645
to the department's division of unclaimed funds, in a timely 3,646
manner, the amounts found and defined as unclaimed. Holders THE 3,648
86
DIRECTOR SHALL NOT ENTER INTO SUCH A CONTRACT WITH A PERSON
UNLESS THE PERSON DOES BOTH OF THE FOLLOWING: 3,649
(1) AGREES TO MAINTAIN THE CONFIDENTIALITY OF THE RECORDS 3,651
EXAMINED, AS REQUIRED UNDER DIVISION (F) OF THIS SECTION; 3,653
(2) OBTAINS A CORPORATE SURETY BOND ISSUED BY A BONDING 3,655
COMPANY OR INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS 3,656
STATE. THE BOND SHALL BE IN FAVOR OF THE DIRECTOR AND IN THE 3,657
PENAL SUM DETERMINED BY THE DIRECTOR.
HOLDERS shall retain records, designated by the director as 3,659
applicable to unclaimed funds, for five years beyond the relevant 3,660
time period provided in section 169.02 of the Revised Code, or 3,661
until completion of an audit conducted pursuant to this division 3,662
(F) OF THIS SECTION, whichever occurs first. 3,664
Records audited pursuant to this division (F) OF THIS 3,666
SECTION are confidential, and shall not be disclosed except as 3,668
required by section 169.06 of the Revised Code or as the director 3,669
considers necessary in the proper administration of this chapter. 3,670
(G) All holders shall make sufficient investigation of 3,672
their records to ensure that the funds reported to the director 3,674
are unclaimed as set forth in division (B) of section 169.01 and 3,675
section 169.02 of the Revised Code. 3,676
(H) The expiration of any period of limitations on or 3,678
after March 1, 1968, within which a person entitled to any 3,679
moneys, rights to moneys, or intangible property could have 3,680
commenced an action or proceeding to obtain the same shall not 3,681
prevent such items from becoming unclaimed funds or relieve the 3,682
holder thereof of any duty to report and give notice as provided 3,683
in this section and deliver the same in the manner provided in 3,684
section 169.05 of the Revised Code, provided that the holder may 3,685
comply with the provisions of this section and section 169.05 of 3,686
the Revised Code with respect to any moneys, rights to moneys, or 3,687
intangible property as to which the applicable statute of 3,688
limitations has run prior to March 1, 1968, and in such event the 3,689
holder shall be entitled to the protective provisions of section 3,690
87
169.07 of the Revised Code. 3,691
(I) No social security number contained in a report made 3,693
pursuant to this section shall be used by the department of 3,694
commerce for any purpose other than to enable the division of 3,695
unclaimed funds to carry out the purposes of this chapter and for 3,696
child support purposes in response to a request made by the 3,699
division of child support in the department of human services
made pursuant to section 5101.327 of the Revised Code. 3,700
Sec. 173.011. (A) WHEN ADMINISTERING FUNDS GRANTED UNDER 3,702
THE "OLDER AMERICANS ACT OF 1965," 79 STAT. 219, 42 U.S.C. 3001, 3,704
AS AMENDED, THE DEPARTMENT OF AGING MAY DIVIDE THE STATE INTO 3,705
SEPARATE MULTI-COUNTY REGIONS THAT SHALL BE KNOWN AS PLANNING AND
SERVICE AREAS. IF THE DEPARTMENT DIVIDES THE STATE INTO THOSE 3,706
AREAS, THEN, CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 3,707
(C)(1) OF THIS SECTION, IT SHALL DESIGNATE ONE PUBLIC ENTITY OR 3,708
ONE PRIVATE NONPROFIT ENTITY AS EACH AREA'S AGENCY ON AGING. 3,709
THAT AGENCY SHALL ADMINISTER PROGRAMS ON BEHALF OF THE DEPARTMENT 3,710
UNDER THE OLDER AMERICANS ACT OF 1965 WITHIN ITS PLANNING AND 3,712
SERVICE AREA.
(B) CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 3,715
(C)(2) OF THIS SECTION AND FOLLOWING AN ADJUDICATION HEARING
CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, 3,716
THE DEPARTMENT MAY ISSUE AN ADJUDICATION ORDER THAT WITHDRAWS OR 3,717
PROVISIONALLY MAINTAINS THE DESIGNATION OF AN ENTITY AS AN AGENCY 3,718
ON AGING.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER CHAPTER 119. OF 3,721
THE REVISED CODE THAT DO BOTH OF THE FOLLOWING:
(1) ESTABLISH CRITERIA TO BE USED FOR DESIGNATING AN 3,723
AGENCY ON AGING;
(2) PROVIDE PROCEDURES AND GROUNDS FOR WITHDRAWING OR 3,725
PROVISIONALLY MAINTAINING THE DESIGNATION OF AN ENTITY AS AN 3,726
AGENCY ON AGING OF A PLANNING AND SERVICE AREA. 3,727
Sec. 173.35. (A) AS USED IN THIS SECTION, "PASSPORT 3,736
ADMINISTRATIVE AGENCY" MEANS AN ENTITY UNDER CONTRACT WITH THE 3,737
88
DEPARTMENT OF AGING TO PROVIDE ADMINISTRATIVE SERVICES REGARDING 3,738
THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 OF THE REVISED 3,739
CODE.
(B) The department of aging shall administer the 3,742
residential state supplement program under which the state
supplements the supplemental security income payments received by 3,743
aged, blind, or disabled adults under Title XVI of the "Social 3,744
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 3,745
Residential state supplement payments shall be used for the 3,746
provision of accommodations, supervision, and personal care 3,747
services to supplemental security income recipients who the 3,748
department determines are at risk of needing institutional care. 3,749
(B)(C) To be eligible for residential state supplement 3,751
payments, an individual must reside in one of the following: 3,753
(1) An adult foster home certified under section 173.36 of 3,755
the Revised Code; 3,756
(2) A home or facility, other than a nursing home or 3,758
nursing home unit of a home for the aging, licensed by the 3,759
department of health under Chapter 3721. or 3722. of the Revised 3,761
Code;
(3) A community alternative home licensed under section 3,763
3724.03 of the Revised Code; 3,764
(4) A residential facility as defined in division 3,766
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 3,767
the department of mental health; 3,768
(5) An apartment or room used to provide community mental 3,770
health housing services certified by the department of mental 3,771
health under division (M) of section 5119.61 of the Revised Code 3,772
and approved by a board of alcohol, drug addiction, and mental 3,773
health services under division (A)(13) of section 340.03 of the 3,774
Revised Code. 3,775
(C)(D) TO BE ELIGIBLE FOR RESIDENTIAL STATE SUPPLEMENT 3,777
PAYMENTS, AN INDIVIDUAL APPLYING FOR THE PAYMENTS MUST RECEIVE 3,779
CERTIFICATION THAT THE ENVIRONMENT IN WHICH THE INDIVIDUAL WILL 3,780
89
BE LIVING WHILE RECEIVING THE SUPPLEMENT IS APPROPRIATE FOR THE 3,781
INDIVIDUAL'S NEEDS. TO RECEIVE THE CERTIFICATION, THE INDIVIDUAL 3,782
SHALL UNDERGO A SCREENING CONDUCTED BY A PASSPORT ADMINISTRATIVE 3,783
AGENCY TO DETERMINE WHETHER THE INDIVIDUAL HAS A SEVERE MENTAL 3,784
ILLNESS. IF THE AGENCY DETERMINES THE INDIVIDUAL DOES NOT HAVE A 3,785
SEVERE MENTAL ILLNESS, THE AGENCY SHALL PROVIDE THE INDIVIDUAL 3,786
THE CERTIFICATION. IF THE AGENCY DETERMINES THAT THE INDIVIDUAL 3,787
MAY HAVE A SEVERE MENTAL ILLNESS, THE AGENCY SHALL REFER THE 3,788
INDIVIDUAL TO A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 3,789
HEALTH SERVICES FOR SERVICES UNDER DIVISION (A)(14) OF SECTION 3,790
340.03 OF THE REVISED CODE, INCLUDING, IF THE INDIVIDUAL'S LIVING 3,792
ENVIRONMENT IS DETERMINED TO BE APPROPRIATE, CERTIFICATION OF
THAT DETERMINATION. 3,793
(E) The departments of aging and human services shall 3,796
adopt rules in accordance with section 111.15 of the Revised Code 3,798
as necessary to implement the residential state supplement 3,800
program.
To the extent permitted by Title XVI of the "Social 3,803
Security Act," and any other provision of federal law, the 3,804
department of human services shall adopt rules establishing 3,805
standards for adjusting the eligibility requirements concerning 3,806
the level of impairment a person must have so that the amount 3,807
appropriated for the program by the general assembly is adequate 3,808
for the number of eligible individuals. The rules shall not 3,809
limit the eligibility of disabled persons solely on a basis 3,810
classifying disabilities as physical or mental. The department 3,811
of human services also shall adopt rules that establish 3,812
eligibility standards for aged, blind, or disabled individuals 3,813
who reside in one of the homes or facilities specified in 3,814
division (B)(C) of this section but who, because of their income, 3,816
do not receive supplemental security income payments. 3,817
Notwithstanding division (A)(C) of this section, such payments 3,818
may be made if funds are available for them. 3,819
The department of aging shall adopt rules establishing the 3,821
90
method to be used to determine the amount an eligible individual 3,822
will receive under the program. The amount the general assembly 3,823
appropriates for the program shall be a factor included in the 3,825
method that department establishes.
(D)(F) The county department of human services of the 3,827
county in which an applicant for the residential state supplement 3,830
program resides shall determine whether the applicant meets 3,831
income and resource requirements for the program.
(E)(G) The department of aging shall maintain a waiting 3,833
list of any individuals eligible for payments under this section 3,835
but not receiving them because moneys appropriated to the 3,836
department for the purposes of this section are insufficient to 3,837
make payments to all eligible individuals. That department, by 3,838
rules adopted in accordance with Chapter 119. of the Revised 3,839
Code, shall specify procedures and requirements for placing an 3,840
individual on the waiting list. INDIVIDUALS RESIDING IN A 3,841
NONRESIDENTIAL, NONINSTITUTIONAL, COMMUNITY SETTING SHALL HAVE 3,842
PRIORITY OVER OTHER INDIVIDUALS ON THE WAITING LIST. 3,843
(F)(H) An individual in a licensed or certified living 3,845
arrangement receiving state supplementation on November 15, 1990, 3,846
under former section 5101.531 of the Revised Code shall not 3,847
become ineligible for payments under this section solely by 3,848
reason of his THE INDIVIDUAL'S living arrangement as long as he 3,850
THE INDIVIDUAL remains in the living arrangement in which he THE 3,851
INDIVIDUAL resided on November 15, 1990.
(G)(I) The department of aging shall notify each person 3,853
denied approval for payments under this section of his THE 3,854
PERSON'S right to a hearing. On request, the hearing shall be 3,855
provided by the department of human services in accordance with 3,856
section 5101.35 of the Revised Code. 3,857
Sec. 307.851. (A) Notwithstanding anything to the 3,866
contrary in the Revised Code, a board of county commissioners of 3,867
a county that has enacted a tax levy under section 5705.191 of 3,868
the Revised Code may, in addition to exercising the other powers 3,870
91
granted to a board of county commissioners, MAY enter into a 3,871
contract with any corporation or association, whether the 3,873
corporation or association is for profit or nonprofit, for that 3,874
corporation or association to provide the services described in 3,875
this section and for the county to pay for those contracted 3,876
services with the proceeds of that tax levy, provided that IF THE 3,877
proceeds from the THAT tax levy are used only for the purpose or 3,879
purposes for which the tax was levied. Services for which a
contract may be entered into under this section are alcohol, drug 3,881
addiction, and mental health services; services for the mentally 3,883
retarded or developmentally disabled; and public ANY OR ALL 3,884
health AND HUMAN services OR SOCIAL SERVICES PROVIDED TO THE 3,885
RESIDENTS OF THE COUNTY.
(B) Before entering into a contract as provided in 3,887
division (A) of this section, the board of county commissioners 3,888
shall first SHALL notify, in writing, the alcohol, drug 3,890
addiction, and mental health services board; the board of mental 3,892
retardation and developmental disabilities; or the board of the 3,893
health district or combined general health district of that 3,895
county PARTICULAR COUNTY AGENCY, BOARD, DEPARTMENT, OR OTHER
ENTITY THAT IS REQUIRED TO PROVIDE, OVERSEE, OR ACQUIRE RELATED 3,896
MANDATED OR ESSENTIAL SERVICES, as appropriate for the service 3,897
SERVICES to be provided under the contract, of the board's BOARD 3,900
OF COUNTY COMMISSIONER'S intention to enter into a contract with 3,901
a corporation or association to provide a particular service THE 3,903
HEALTH AND HUMAN SERVICES OR SOCIAL SERVICES TO THE RESIDENTS OF 3,904
THE COUNTY. The notice shall delineate IDENTIFY the particular 3,906
service SERVICES to be SO provided, identify the corporation or 3,907
association with which the board proposes to contract, and 3,908
INDICATE the amount proposed to be paid to the corporation or 3,911
association for performing those services. The notified AGENCY, 3,912
board, DEPARTMENT, OR OTHER ENTITY has thirty days in which to 3,913
inform the board of county commissioners of its intention to 3,915
provide that service THE SERVICES itself or authorize the board 3,917
92
of county commissioners to contract with the proposed corporation 3,918
or association to provide the service SERVICES. If the board of 3,919
county commissioners receives no response from a notified AGENCY, 3,920
board, DEPARTMENT, OR OTHER ENTITY within the thirty-day period, 3,921
the notified AGENCY, board, DEPARTMENT, OR OTHER ENTITY shall be 3,924
deemed to have authorized the proposed contract. Once the 3,926
contract is authorized by each notified AGENCY, board,
DEPARTMENT, OR OTHER ENTITY, the board of county commissioners 3,928
may enter into a contract with the corporation or association, as 3,929
proposed.
(C) In addition to any other terms that the board OF 3,931
COUNTY COMMISSIONERS finds appropriate, any agreement entered 3,933
into under division (A) of this section shall provide all the 3,934
following:
(1) That the corporation or association shall keep current 3,936
and accurate accounts of its use of the moneys it receives from 3,937
the county;
(2) That the corporation or association shall, at least 3,940
annually, SHALL have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 3,942
Revised Code, of any services or programs it has performed with 3,943
county moneys. A copy of the fiscal audit report shall be 3,945
provided to the board of county commissioners, the county
auditor, and the auditor of state. 3,946
(3) That the corporation or association is liable to repay 3,948
to the county any county moneys it receives that are improperly 3,949
used;
(4) That the corporation or association shall repay to the 3,951
board OF COUNTY COMMISSIONERS all county moneys remaining unused 3,953
at the end of the fiscal year or other accounting period for 3,954
which the board paid the moneys, except that, when the recipient 3,956
is to receive county moneys in the next succeeding fiscal year or
other accounting period following the fiscal year or other 3,957
accounting period for which the board paid the moneys, the 3,958
93
recipient need not repay the county moneys remaining unused; 3,959
(5) That the corporation or association shall provide the 3,961
board of county commissioners annually a summary of the program 3,962
or service activities it has performed with county moneys. 3,964
Sec. 307.98. Each board of county commissioners shall 3,974
enter into a written partnership agreement with the director of 3,975
human services in accordance with section 5101.21 of the Revised
Code. Prior to entering into or substantially amending the 3,977
agreement, the board shall conduct a public hearing and consult 3,979
with the county human services planning committee established 3,980
under section 329.06 of the Revised Code. Through the hearing
and consultation, the board shall obtain comments and 3,981
recommendations concerning what would be the county's obligations 3,983
and responsibilities under the agreement or amendment. AS 3,984
EVIDENCE THAT THE BOARD CONSULTED WITH THE COUNTY HUMAN SERVICES
PLANNING COMMITTEE, THE COMMITTEE'S CHAIR SHALL SIGN A LETTER 3,985
CONFIRMING THAT THE CONSULTATION OCCURRED, WHICH SHALL BE 3,986
ATTACHED TO THE PARTNERSHIP AGREEMENT AND ANY SUBSTANTIAL 3,987
AMENDMENTS TO THE AGREEMENT.
Sec. 311.01. (A) A sheriff shall be elected quadrennially 3,996
in each county. A sheriff shall hold office for a term of four 3,997
years, beginning on the first Monday of January next after the 3,998
sheriff's election. 3,999
(B) On and after January 1, 1988, except EXCEPT as 4,001
otherwise provided in this section, no person is eligible to be a 4,002
candidate for sheriff, and no person shall be elected or 4,003
appointed to the office of sheriff, unless that person meets all 4,004
of the following requirements: 4,005
(1) The person is a citizen of the United States;. 4,007
(2) The person has been a resident of the county in which 4,009
the person is a candidate for or is appointed to the office of 4,011
sheriff for at least one year immediately prior to the 4,012
qualification date;.
(3) The person has the qualifications of an elector as 4,014
94
specified in section 3503.01 of the Revised Code and has complied 4,016
with all applicable election laws;. 4,017
(4) The person has been awarded a high school diploma or a 4,019
certificate of high school equivalence issued for achievement of 4,021
specified minimum scores on the general educational development 4,022
test of the American council on education;. 4,023
(5) The person has not been convicted of or pleaded guilty 4,025
to a felony or any offense involving moral turpitude under the 4,026
laws of this or any other state or the United States, and has not 4,027
been convicted of or pleaded guilty to an offense that is a 4,028
misdemeanor of the first degree under the laws of this state or 4,029
an offense under the laws of any other state or the United States 4,030
that carries a penalty that is substantially equivalent to the 4,031
penalty for a misdemeanor of the first degree under the laws of 4,032
this state;. 4,033
(6) The person has been fingerprinted and has been the 4,035
subject of a search of local, state, and national fingerprint 4,037
files to disclose any criminal record. Such fingerprints shall 4,038
be taken under the direction of the administrative judge of the 4,039
court of common pleas who, prior to the applicable qualification 4,040
date, shall notify the board of elections, board of county 4,041
commissioners, or county central committee of the proper 4,042
political party, as applicable, of the judge's findings. 4,043
(7) The person has prepared a complete history of the 4,046
person's places of residence for a period of six years 4,047
immediately preceding the qualification date and a complete 4,048
history of the person's places of employment for a period of six 4,049
years immediately preceding the qualification date, indicating 4,050
the name and address of each employer and the period of time 4,051
employed by that employer. The residence and employment 4,052
histories shall be filed with the administrative judge of the 4,053
court of common pleas of the county, who shall forward them with 4,054
the findings under division (B)(6) of this section to the 4,055
appropriate board of elections, board of county commissioners, or 4,056
95
county central committee of the proper political party prior to 4,057
the applicable qualification date.
(8) The person meets at least one of the following 4,059
conditions:
(a) Has obtained or held, within the four-year period 4,061
ending immediately prior to the qualification date, a valid basic 4,062
peace officer certificate of training issued by the Ohio peace 4,063
officer training council COMMISSION or has been issued a 4,064
certificate of training pursuant to section 5503.05 of the 4,065
Revised Code, and, within the four-year period ending immediately 4,067
prior to the qualification date, has been employed as an 4,068
appointee pursuant to section 5503.01 of the Revised Code or as a 4,069
full-time peace officer as defined in section 109.71 of the 4,070
Revised Code performing duties related to the enforcement of
statutes, ordinances, or codes; 4,071
(b) Has obtained or held, within the three-year period 4,073
ending immediately prior to the qualification date, a valid basic 4,074
peace officer certificate of training issued by the Ohio peace 4,075
officer training council COMMISSION and has been employed for at 4,076
least the last five THREE years prior to the qualification date 4,077
as a full-time law enforcement officer, as defined in division 4,079
(K)(A)(11) of section 2901.01 of the Revised Code, performing 4,081
duties related to the enforcement of statutes, ordinances, or
codes. 4,082
(9) The person meets at least one of the following 4,084
conditions:
(a) Has at least two years of supervisory experience as a 4,087
peace officer at the rank of corporal or above, or has been 4,089
appointed pursuant to section 5503.01 of the Revised Code and
served at the rank of sergeant or above, in the five-year period 4,090
ending immediately prior to the qualification date; 4,091
(b) Has completed satisfactorily at least two years of 4,094
post-secondary education or the equivalent in semester or quarter 4,095
hours in a college or university authorized to confer degrees by 4,096
96
the Ohio board of regents or the comparable agency of another 4,097
state in which the college or university is located. 4,098
(C) Persons who meet the requirements of division (B) of 4,100
this section, except the requirement of division (B)(2) of this 4,101
section, may take all actions otherwise necessary to comply with 4,103
division (B) of this section. If, on the applicable 4,104
qualification date, no person has met all the requirements of 4,105
division (B) of this section, then persons who have complied with 4,106
and meet the requirements of division (B) of this section, except 4,107
the requirement of division (B)(2) of this section, shall be 4,108
considered qualified candidates under division (B) of this 4,109
section.
(D) Newly elected sheriffs shall attend a basic training 4,112
course conducted by the Ohio peace officer training council 4,113
COMMISSION pursuant to division (A) of section 109.80 of the 4,114
Revised Code. A newly elected sheriff shall complete not less 4,115
than two weeks of this course before the first Monday in January 4,116
next after the sheriff's election. While attending the basic 4,117
training course, a newly elected sheriff may, with the approval 4,118
of the board of county commissioners, receive compensation, paid 4,119
for from funds established by the sheriff's county for this
purpose, in the same manner and amounts as if carrying out the 4,120
powers and duties of the office of sheriff. 4,121
Appointed sheriffs shall attend the first basic training 4,124
course conducted by the Ohio peace officer training commission 4,125
pursuant to division (A) of section 109.80 of the Revised Code 4,126
within six months following the date of appointment or election 4,127
to the office of sheriff. commission commission While attending 4,129
the basic training course, appointed sheriffs shall receive
regular compensation in the same manner and amounts as if 4,130
carrying out their regular powers and duties. 4,131
Five days of instruction at the basic training course shall 4,133
be considered equal to one week of work. The costs of conducting 4,134
the basic training course and the costs of meals, lodging, and 4,135
97
travel of appointed and newly elected sheriffs attending the 4,136
course shall be paid from state funds appropriated to the 4,137
commission for this purpose.
(E) Beginning in the second calendar year of the term of 4,139
appointed and newly elected sheriffs appointed or elected on or 4,140
after January 1, 1988, and beginning in calendar year 1988 for 4,141
other sheriffs, and in IN each calendar year thereafter, each 4,143
sheriff shall attend and successfully complete at least sixteen 4,144
hours of continuing education approved under division (B) of 4,145
section 109.80 of the Revised Code. A sheriff who receives a 4,146
waiver of the continuing education requirement from the 4,147
commission under division (C) of section 109.80 of the Revised 4,148
Code because of medical disability or for other good cause shall 4,149
complete the requirement at the earliest time after the 4,150
disability or cause terminates. 4,151
(F)(1) Each person who is a candidate for election to or 4,153
who is under consideration for appointment to the office of 4,154
sheriff shall swear before the administrative judge of the court 4,155
of common pleas as to the truth of any information the person 4,156
provides to verify the person's qualifications for the office. A 4,158
person who violates this requirement is guilty of falsification 4,159
under section 2921.13 of the Revised Code.
(2) Each board of elections shall certify whether or not a 4,161
candidate for the office of sheriff who has filed a declaration 4,162
of candidacy, a statement of candidacy, or a declaration of 4,163
intent to be a write-in candidate meets the qualifications 4,164
specified in divisions (B) and (C) of this section. 4,165
(G) The office of a sheriff who is required to comply with 4,167
division (D) or (E) of this section and who fails to successfully 4,168
complete the courses pursuant to those divisions is hereby deemed 4,169
to be vacant. 4,170
(H) As used in this section: 4,172
(1) "Qualification date" means the last day on which a 4,174
candidate for the office of sheriff can file a declaration of 4,175
98
candidacy, a statement of candidacy, or a declaration of intent 4,176
to be a write-in candidate, as applicable, in the case of a 4,177
primary election for the office of sheriff; the last day on which 4,178
a person may be appointed to fill a vacancy in a party nomination 4,179
for the office of sheriff under Chapter 3513. of the Revised 4,180
Code, in the case of a vacancy in the office of sheriff; or a 4,181
date thirty days after the day on which a vacancy in the office 4,182
of sheriff occurs, in the case of an appointment to such a 4,183
vacancy under section 305.02 of the Revised Code. 4,184
(2) "Newly elected sheriff" means a person who did not 4,186
hold the office of sheriff of a county on the date the person was 4,187
elected sheriff of that county. 4,188
Sec. 329.023. EACH COUNTY DEPARTMENT OF HUMAN SERVICES 4,190
SHALL ASSIGN EMPLOYEES OF THE COUNTY DEPARTMENT TO HOURS OF 4,191
EMPLOYMENT OUTSIDE THE NORMAL WORKING HOURS OF THE COUNTY 4,192
DEPARTMENT TO ACCEPT APPLICATIONS FOR THE PROGRAMS ADMINISTERED 4,193
BY THE COUNTY DEPARTMENT AND TO ASSIST PROGRAM RECIPIENTS AND 4,194
PARTICIPANTS WITH THE PROGRAMS. THE ASSIGNMENT SHALL NOT CAUSE 4,195
AN EMPLOYEE TO INCUR OVERTIME PAY. THE HOURS OF EMPLOYMENT 4,196
OUTSIDE NORMAL WORKING HOURS SHALL BE ONE OF THE FOLLOWING: 4,197
(A) FIVE p.m. UNTIL NINE p.m. DURING TWO WEEKDAY EVENINGS; 4,200
(B) FIVE p.m. UNTIL NINE p.m. DURING ONE WEEKDAY EVENING 4,203
AND FOURS HOURS DURING THE DAY ON SATURDAYS; 4,204
(C) EIGHT HOURS DURING THE DAY ON SATURDAYS. 4,206
Sec. 329.04. (A) The county department of human services 4,215
shall have, exercise, and perform the following powers and 4,216
duties:
(1) Perform any duties assigned by the department of human 4,219
services regarding the provision of public social services, 4,220
including the provision of the following services to prevent or 4,221
reduce economic or personal dependency and to strengthen family 4,222
life:
(a) Services authorized by Title IV-A of the "Social 4,224
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 4,226
99
and known in this state as the Ohio works first program 4,227
established by Chapter 5107. of the Revised Code and the 4,228
prevention, retention, and contingency program established under 4,229
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 4,232
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 4,234
support enforcement agency, services authorized by Title IV-D of 4,235
the "Social Security Act" and provided for by sections 2301.34 to 4,236
2301.44 of the Revised Code. The county department may perform 4,238
the services itself or contract with other government entities, 4,239
and, pursuant to division (C) of section 2301.35 and section 4,240
2301.42 of the Revised Code, private entities, to perform the 4,241
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 4,243
of the Revised Code as required by the state department of human 4,244
services;
(3) Administer burials insofar as the administration of 4,246
burials was, prior to September 12, 1947, imposed upon the board 4,247
of county commissioners and if otherwise required by state law; 4,248
(4) Cooperate with state and federal authorities in any 4,250
matter relating to human services and to act as the agent of such 4,251
authorities;
(5) Submit an annual account of its work and expenses to 4,254
the board of county commissioners and to the department of human 4,255
services at the close of each fiscal year;
(6) Exercise any powers and duties relating to human 4,258
services imposed upon the county department of human services by 4,259
law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet 4,260
emergencies during war or peace; 4,261
(7) Determine the eligibility for medical assistance of 4,263
recipients of aid under Title XVI of the "Social Security Act"; 4,264
100
(8) IF ASSIGNED BY THE DIRECTOR OF HUMAN SERVICES UNDER 4,266
SECTION 5101.515 OF THE REVISED CODE, DETERMINE APPLICANTS' 4,267
ELIGIBILITY FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S HEALTH 4,268
INSURANCE PROGRAM PART II;
(9) Enter into a plan of cooperation with the board of 4,270
county commissioners under section 307.983, consult with the 4,272
board in the development of the transportation work plan
developed under section 307.984, establish with the board 4,273
procedures under section 307.985 for providing services to 4,274
children whose families relocate frequently, and comply with the 4,275
partnership agreement the board enters into under section 307.98
and contracts the board enters into under sections 307.981 and 4,276
307.982 of the Revised Code that affect the county department. 4,277
(B) The powers and duties of a county department of human 4,279
services are, and shall be exercised and performed, under the 4,280
control and direction of the board of county commissioners. The 4,281
board may assign to the county department any power or duty of 4,282
the board regarding human services. If the new power or duty
necessitates the state department of human services changing its 4,283
federal cost allocation plan, the county department may not 4,284
implement the power or duty unless the United States department 4,285
of health and human services approves the changes. 4,286
Sec. 329.041. IN EACH COUNTY IN WHICH THERE IS A COUNTY 4,288
TRANSIT BOARD ESTABLISHED BY SECTION 306.01 OF THE REVISED CODE, 4,289
A COUNTY TRANSIT SYSTEM OPERATED UNDER THAT SECTION, OR A 4,291
REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 306.32 OF THE 4,292
REVISED CODE, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL MEET 4,293
NOT LESS THAN ONCE EACH CALENDAR QUARTER WITH TRANSIT 4,294
REPRESENTATIVES OF THE BOARD, SYSTEM, OR AUTHORITY. THE 4,295
DEPARTMENT AND TRANSIT REPRESENTATIVES SHALL DISCUSS THE 4,296
TRANSPORTATION NEEDS OF THE COUNTY'S OHIO WORKS FIRST 4,297
PARTICIPANTS, REVIEW EXISTING EFFORTS AND DEVELOP NEW OPTIONS TO 4,298
MEET THOSE NEEDS, AND MEASURE THE ACCOMPLISHMENTS OF THOSE 4,299
EFFORTS.
101
Sec. 329.06. (A) Except as provided in division (C) of 4,309
this section, the board of county commissioners shall establish a 4,310
county human services planning committee. The board shall 4,311
appoint a member to represent the county department of human 4,312
services; an employee in the classified civil service of the 4,313
county department of human services, if there are any such
employees; and a member to represent the public. The board shall 4,314
appoint other individuals to the committee in such a manner that 4,315
the committee's membership is broadly representative of the 4,316
groups of individuals and the public and private entities that 4,317
have an interest in the social services provided in the county. 4,318
The board shall make appointments in a manner that reflects the 4,319
ethnic and racial composition of the county. The following 4,320
groups and entities may be represented on the committee: 4,321
(1) Consumers of social services; 4,323
(2) The public children services agency; 4,325
(3) The child support enforcement agency; 4,327
(4) The county family and children first council; 4,329
(5) Public and private colleges and universities; 4,331
(6) Public entities that provide social services, 4,333
including boards of health, boards of education, the county board 4,335
of mental retardation and developmental disabilities, and the 4,336
board of alcohol, drug addiction, and mental health services that 4,337
serves the county;
(7) Private nonprofit and for-profit entities that provide 4,340
social services in the county or that advocate for consumers of 4,341
social services in the county, including entities that provide
services to or advocate for victims of domestic violence; 4,342
(8) Labor organizations; 4,344
(9) Any other group or entity that has an interest in the 4,346
social services provided in the county, including groups or 4,347
entities that represent any of the county's business, urban, and 4,348
rural sectors. 4,349
(B) The county human services planning committee shall do 4,352
102
all of the following: 4,353
(1) Serve as an advisory body to the board of county 4,355
commissioners with regard to the social services provided in the 4,356
county, including assistance under Chapters 5107. and 5108. of 4,358
the Revised Code, publicly funded child day-care under Chapter 4,361
5104. of the Revised Code, and social services provided under 4,364
section 5101.46 of the Revised Code; 4,366
(2) AT LEAST ONCE A YEAR, REVIEW AND ANALYZE THE COUNTY 4,368
DEPARTMENT OF HUMAN SERVICES' IMPLEMENTATION OF THE PROGRAMS 4,369
ESTABLISHED UNDER CHAPTERS 5107. AND 5108. OF THE REVISED CODE. 4,370
IN ITS REVIEW, THE COMMITTEE SHALL USE INFORMATION AVAILABLE TO 4,372
IT TO EXAMINE ALL OF THE FOLLOWING: 4,373
(a) RETURN OF ASSISTANCE GROUPS TO PARTICIPATION IN EITHER 4,376
PROGRAM AFTER CEASING TO PARTICIPATE;
(b) TEEN PREGNANCY RATES AMONG THE PROGRAMS' PARTICIPANTS; 4,378
(c) THE OTHER TYPES OF ASSISTANCE THE PROGRAMS' 4,380
PARTICIPANTS RECEIVE, INCLUDING MEDICAL ASSISTANCE UNDER CHAPTER 4,381
5111. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER 4,383
CHAPTER 5104. OF THE REVISED CODE, FOOD STAMP BENEFITS UNDER 4,385
SECTION 5101.54 OF THE REVISED CODE, AND ENERGY ASSISTANCE UNDER 4,387
CHAPTER 5117. OF THE REVISED CODE; 4,388
(d) OTHER ISSUES THE COMMITTEE CONSIDERS APPROPRIATE. 4,390
THE COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF 4,392
COUNTY COMMISSIONERS AND COUNTY DEPARTMENT OF HUMAN SERVICES 4,393
REGARDING THE COMMITTEE'S FINDINGS. 4,394
(3) Provide comments and recommendations to the board 4,396
prior to the board's entering into or substantially amending a 4,397
partnership agreement with the director of human services under 4,400
section 307.98 of the Revised Code; 4,401
(3)(4) Conduct public hearings on proposed county profiles 4,404
for the provision of social services under section 5101.46 of the 4,405
Revised Code; 4,407
(4)(5) At the request of the board, make recommendations 4,409
and provide assistance regarding the social services provided in 4,410
103
the county; 4,411
(5)(6) At any other time the committee considers 4,413
appropriate, consult with the board and make recommendations 4,414
regarding the social services provided in the county. The 4,415
committee's recommendations may address the following: 4,416
(a) Implementation and administration of social service 4,419
programs;
(b) Use of federal, state, and local funds available for 4,422
social service programs;
(c) Establishment of goals to be achieved by social 4,425
service programs;
(d) Evaluation of the outcomes of social service programs; 4,428
(e) Any other matter the board considers relevant to the 4,431
provision of social services.
(C) If there is a committee in existence in a county on 4,434
the effective date of this amendment OCTOBER 1, 1997, that the 4,435
board of county commissioners determines is capable of fulfilling 4,437
the responsibilities of a county human services planning 4,438
committee, the board may designate the committee as the county's 4,439
human services planning committee and the committee shall serve 4,440
in that capacity.
Sec. 329.07. (A) AS USED IN THIS SECTION: 4,442
(1) "OHIO WORKS FIRST" AND "TITLE IV-A" HAVE THE SAME 4,445
MEANINGS AS IN SECTION 5107.02 OF THE REVISED CODE. 4,446
(2) "WORK ACTIVITY" HAS THE SAME MEANING AS IN SECTION 4,448
5107.40 OF THE REVISED CODE. 4,449
(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE AT 4,451
LEAST ONE OHIO WORKS FIRST OMBUDSPERSON. A COUNTY DEPARTMENT MAY 4,452
PROVIDE FOR AN OHIO WORKS FIRST PARTICIPANT WHO RESIDES IN THE 4,453
COUNTY THE COUNTY DEPARTMENT SERVES AND IS QUALIFIED TO PERFORM 4,454
THE DUTIES OF AN OMBUDSPERSON TO BE AN OMBUDSPERSON. SERVICE AS 4,455
AN OMBUDSPERSON MAY BE A WORK ACTIVITY TO WHICH AN OHIO WORKS 4,456
FIRST PARTICIPANT IS ASSIGNED UNDER SECTION 5107.42 OF THE 4,457
REVISED CODE. IF NO OHIO WORKS FIRST PARTICIPANT RESIDING IN THE 4,458
104
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 4,459
OMBUDSPERSONS. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE 4,460
COUNTY DEPARTMENT MAY USE FUNDS AVAILABLE UNDER TITLE IV-A TO 4,461
PROVIDE FOR COUNTY DEPARTMENT EMPLOYEES TO PERFORM THE DUTIES OF 4,463
AN OMBUDSPERSON.
AN OHIO WORKS FIRST OMBUDSPERSON SHALL HELP OHIO WORKS 4,465
FIRST APPLICANTS AND PARTICIPANTS RESOLVE COMPLAINTS THE 4,467
APPLICANTS AND PARTICIPANTS HAVE ABOUT THE ADMINISTRATION OF OHIO 4,468
WORKS FIRST AND HELP PARTICIPANTS CONTACT CASEWORKERS FOR THE 4,469
PURPOSE OF SCHEDULING MEETINGS UNDER SECTION 5107.162 OF THE 4,471
REVISED CODE.
Sec. 329.12. (A) A county department of human services 4,481
may establish an individual development account program for 4,482
residents of the county. The program shall provide for 4,483
establishment of accounts for participants and acceptance of
contributions from others INDIVIDUALS AND ENTITIES, INCLUDING THE 4,484
COUNTY DEPARTMENT, to be used as matching funds for deposit in 4,485
the accounts. 4,486
(B) A county department shall select a fiduciary 4,490
organization to administer its individual development account 4,491
program. In selecting a fiduciary organization, the department 4,493
shall consider all of the following regarding the organization: 4,495
(1) Its ability to market the program to potential 4,497
participants and matching fund contributors; 4,498
(2) Its ability to invest money in the accounts in a way 4,501
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 4,503
ability to verify eligibility of individuals for participation in 4,504
the program, prevent unauthorized use of matching contributions, 4,506
and enforce any penalties for unauthorized uses that may be 4,507
provided for by rule adopted by the state department of human 4,508
services under section 5101.971 of the Revised Code.; 4,509
105
(4) Its ability to provide financial counseling to 4,512
participants;
(5) Its affiliation with other activities designed to 4,514
increase the independence of individuals and families through 4,515
postsecondary education, home ownership, and business 4,516
development; 4,517
(6) Any other factor the county department considers 4,519
appropriate.
(C) At the time it commences the program and on the first 4,523
day of each subsequent program year, the county department may 4,524
make a grant to the fiduciary organization to pay all or part of 4,525
the administrative costs of the program.
(D) The county department shall require the fiduciary 4,529
organization to collect and maintain information regarding the 4,530
program, including all of the following: 4,531
(1) The number of accounts established; 4,533
(2) The amount deposited by each participant and the 4,536
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 4,538
including the number of participants who used funds for 4,539
postsecondary educational expenses and the institutions attended, 4,541
the number of personal residences purchased, and the number of 4,542
participants who used funds for business capitalization; 4,543
(4) The demographics of program participants; 4,545
(5) The number of participants who withdrew from the 4,547
program and the reasons for withdrawal. 4,548
(E) The county department shall prepare and file with the 4,552
state department of human services a semi-annual report 4,553
containing the information the state department requires by rule 4,554
adopted under section 5101.971 of the Revised Code, with the 4,556
first report being filed at the end of the six-month period 4,557
following the effective date of this section OCTOBER 1, 1997. 4,558
Sec. 340.03. (A) Subject to rules issued by the director 4,567
of mental health after consultation with relevant constituencies 4,568
106
as required by division (A)(11) of section 5119.06 of the Revised 4,569
Code, with regard to mental health services, the board of 4,570
alcohol, drug addiction, and mental health services shall: 4,571
(1) Serve as the community mental health planning agency 4,573
for the county or counties under its jurisdiction, and in so 4,574
doing it shall: 4,575
(a) Evaluate the need for mental health programs and 4,577
facilities; 4,578
(b) Assess the community mental health needs, set 4,580
priorities, and develop plans for the operation of community 4,581
mental health services and programs and facilities for those 4,582
services and programs, in cooperation with other local and 4,583
regional planning and funding bodies and with relevant ethnic 4,584
organizations; 4,585
(c) In accordance with guidelines issued by the director 4,587
of mental health after consultation with board representatives, 4,588
develop and submit to the department of mental health, no later 4,589
than six months prior to the conclusion of the fiscal year in 4,590
which the board's current plan is scheduled to expire, a 4,591
community mental health plan listing community mental health 4,592
needs, including the needs of all residents of the district now 4,593
residing in state mental institutions and severely mentally 4,594
disabled adults, children, and adolescents; all children subject 4,596
to a determination made pursuant to section 121.38 of the Revised
Code; and all mental health programs and facilities that are or 4,598
will be in operation during the period for which the plan will be 4,599
in operation in the service district to meet such needs. 4,600
The plan shall include, but not be limited to, a statement 4,602
of which of the services listed in section 340.09 of the Revised 4,603
Code the board intends to provide or purchase, an explanation of 4,604
how the board intends to make any payments that it may be 4,605
required to pay under section 5119.62 of the Revised Code, a 4,606
statement of the inpatient and community-based services the board 4,607
proposes that the department operate, an assessment of the number 4,608
107
and types of residential facilities needed, and such other 4,609
information as the department requests, and a budget for moneys 4,610
the board expects to receive. The board shall also submit an 4,611
allocation request for state and federal funds. Within sixty 4,612
days after the department's determination that the plan and 4,613
allocation request are complete, the department shall approve or 4,614
disapprove the plan and request, in whole or in part, according 4,615
to the criteria developed pursuant to section 5119.61 of the 4,616
Revised Code. The department's statement of approval or 4,617
disapproval shall specify the inpatient and the community-based 4,618
services that the department will operate for the board. 4,619
Eligibility for financial support shall be contingent upon an 4,620
approved plan or relevant part of a plan. 4,621
If the director disapproves all or part of any plan, he THE 4,623
DIRECTOR shall inform the board of the reasons for the 4,624
disapproval and of the criteria that must be met before the plan 4,625
may be approved. The director shall provide the board an 4,626
opportunity to present its case on behalf of the plan. The 4,627
director shall give the board a reasonable time in which to meet 4,628
the criteria, and shall offer the board technical assistance to 4,629
help it meet the criteria. 4,630
If the approval of a plan remains in dispute thirty days 4,632
prior to the conclusion of the fiscal year in which the board's 4,633
current plan is scheduled to expire, the board or the director 4,634
may request that the dispute be submitted to a mutually agreed 4,635
upon third-party mediator with the cost to be shared by the board 4,636
and the department. The mediator shall issue to the board and 4,637
the department recommendations for resolution of the dispute. 4,638
Prior to the conclusion of the fiscal year in which the current 4,639
plan is scheduled to expire, the director, taking into 4,640
consideration the recommendations of the mediator, shall make a 4,641
final determination and approve or disapprove the plan, in whole 4,642
or in part. 4,643
If a board determines that it is necessary to amend a plan 4,645
108
or an allocation request that has been approved under division 4,646
(A)(1)(c) of this section, the board shall submit a proposed 4,647
amendment to the director. The director may approve or 4,648
disapprove all or part of the amendment. If the director does 4,649
not approve all or part of the amendment within thirty days after 4,650
it is submitted, the amendment or part of it shall be considered 4,651
to have been approved. The director shall inform the board of 4,652
the reasons for disapproval of all or part of an amendment and of 4,654
the criteria that must be met before the amendment may be 4,656
approved. The director shall provide the board an opportunity to 4,657
present its case on behalf of the amendment. The director shall 4,658
give the board a reasonable time in which to meet the criteria, 4,659
and shall offer the board technical assistance to help it meet 4,660
the criteria.
The board shall implement the plan approved by the 4,662
department. 4,663
(d) Receive, compile, and transmit to the department of 4,665
mental health applications for state reimbursement; 4,666
(e) Promote, arrange, and implement working agreements 4,668
with social agencies, both public and private, and with judicial 4,669
agencies. 4,670
(2) Investigate, or request another agency to investigate, 4,672
any complaint alleging abuse or neglect of any person receiving 4,673
services from a community mental health agency as defined in 4,674
section 5122.01 of the Revised Code, or from a residential 4,675
facility licensed under section 5119.22 of the Revised Code. If 4,676
the investigation substantiates the charge of abuse or neglect, 4,677
the board shall take whatever action it determines is necessary 4,678
to correct the situation, including notification of the 4,679
appropriate authorities. Upon request, the board shall provide 4,680
information about such investigations to the department. 4,681
(3) Review, evaluate, and conduct program audits for 4,683
community mental health services, facilities, and agencies 4,684
seeking federal, state, or board assistance, review licensure 4,685
109
applications pursuant to section 5119.22 of the Revised Code, and 4,686
determine if the services meet minimum standards established 4,687
pursuant to division (G) of section 5119.01 of the Revised Code 4,688
and submit its findings and recommendations to the department of 4,689
mental health. 4,690
(4) Audit, in accordance with rules adopted by the auditor 4,692
of state pursuant to section 117.20 of the Revised Code, at least 4,693
annually all programs and services provided under contract with 4,694
the board. In so doing, the board may contract for or employ the 4,695
services of private auditors. A copy of the fiscal audit report 4,696
shall be provided to the director of mental health, the auditor 4,697
of state, and the county auditor of each county in the board's 4,698
district. 4,699
(5) Recruit and promote local financial support for mental 4,701
health programs from private and public sources; 4,702
(6)(a) Enter into contracts with public and private 4,704
agencies for the provision of mental health services and 4,705
facilities. Section 307.86 of the Revised Code does not apply to 4,706
contracts entered into under this division. In contracting with 4,707
a public or private agency, a board shall consider the cost 4,708
effectiveness of services provided by that agency and the quality 4,709
and continuity of care, and may review cost elements, including 4,710
salary costs, of the services to be provided. A utilization 4,711
review process shall be established as part of the contract for 4,712
services entered into between a board and a public or private 4,713
agency. The board may establish this process in a way which is 4,714
most effective and efficient in meeting local needs. 4,715
If either the board or a community mental health agency 4,717
with which it contracts for mental health services, programs, or 4,718
facilities proposes not to renew the contract or proposes 4,719
substantial changes in contract terms, the other party shall be 4,720
given written notice at least one hundred twenty days before the 4,721
expiration date of the contract. During the first sixty days of 4,722
this one hundred twenty-day period, both parties shall attempt to 4,723
110
resolve any dispute through good faith collaboration and 4,724
negotiation in order to continue to provide services to persons 4,725
in need. If the dispute has not been resolved sixty days before 4,726
the expiration date of the contract, either party may notify the 4,727
department of mental health of the unresolved dispute. The 4,728
director may require both parties to submit the dispute to a 4,729
third party with the cost to be shared by the board and the 4,730
agency. The third party shall issue to the board, the agency, 4,731
and the department recommendations on how the dispute may be 4,732
resolved twenty days prior to the expiration date of the 4,733
contract, unless both parties agree to a time extension. The 4,734
director shall adopt rules establishing the procedures of this 4,735
dispute resolution process. 4,736
(b) With the prior approval of the director of mental 4,738
health, a board may operate a mental health service, program, or 4,739
facility as follows, if there is no other qualified private or 4,740
public agency that is immediately available and willing to 4,741
operate such service, program, or facility: 4,742
(i) In an emergency situation, any board may operate a 4,744
mental health service, program, or facility in order to provide 4,745
essential services for the duration of the emergency; 4,746
(ii) In a service district with a population of at least 4,748
one hundred thousand but less than five hundred thousand, a board 4,749
may operate a mental health service, program, or facility for no 4,750
longer than one year; 4,751
(iii) In a service district with a population of less than 4,753
one hundred thousand, a board may operate a mental health 4,754
service, program, or facility for no longer than one year, except 4,755
that such a board may operate a mental health service, program, 4,756
or facility for more than one year with the prior approval of the 4,757
director and the prior approval of the board of county 4,758
commissioners, or of a majority of the boards of county 4,759
commissioners if the district is a joint-county district. 4,760
The director shall not give a board approval to operate a 4,763
111
mental health service, program, or facility under division
(A)(6)(b)(ii) or (iii) of this section unless the director 4,764
determines that it is not feasible to have the department operate 4,766
the service, program, or facility. 4,767
The director shall not give a board approval to operate a 4,770
mental health service, program, or facility under division
(A)(6)(b)(iii) of this section unless the director determines 4,771
that the board's service, program, or facility will provide 4,773
greater administrative efficiency and more or better services 4,774
than would be available if the board contracted with a private or 4,775
public agency for provision of the services. 4,776
The director shall not give a board approval to operate a 4,779
mental health service, program, or facility previously operated
by a community mental health agency unless the board has 4,780
established to the director's satisfaction that the agency cannot 4,781
effectively provide the service, program, or facility, or that 4,782
the agency has requested the board to take over operation of the 4,783
service, program, or facility. 4,784
The director shall review and evaluate the operation of 4,786
each mental health service, program, or facility operated by a 4,787
board under division (A)(6)(b) of this section. 4,788
Nothing in division (A)(6)(b) of this section authorizes a 4,790
board to administer or direct the daily operation of any 4,791
community mental health agency, but an agency may contract with a 4,792
board to receive administrative services or staff direction from 4,793
the board under the direction of the governing body of the 4,794
agency. 4,795
(7) Approve fee schedules and related charges or adopt a 4,797
unit cost schedule or other methods of payment for contract 4,798
services provided by community mental health agencies in 4,799
accordance with guidelines issued by the department as necessary 4,800
to comply with state and federal laws pertaining to financial 4,801
assistance; 4,802
(8) Submit to the director and the county commissioners of 4,804
112
the county or counties served by the board, and make available to 4,805
the public, an annual report of the programs under the 4,806
jurisdiction of the board, including a fiscal accounting; 4,807
(9) Establish, to the extent resources are available, a 4,809
community support system, which provides for treatment, support, 4,810
and rehabilitation services and opportunities. The essential 4,811
elements of the system include, but are not limited to, the 4,812
following components in accordance with section 5119.06 of the 4,813
Revised Code: 4,814
(a) To locate persons in need of mental health services to 4,816
inform them of available services and benefits mechanisms; 4,817
(b) Assistance for clients to obtain services necessary to 4,819
meet basic human needs for food, clothing, shelter, medical care, 4,820
personal safety, and income; 4,821
(c) Mental health care, including but not limited to 4,823
outpatient, partial hospitalization, and, where appropriate, 4,825
inpatient care;
(d) Emergency services and crisis intervention; 4,827
(e) Assistance for clients to obtain vocational services 4,829
and opportunities for jobs; 4,830
(f) The provision of services designed to develop social, 4,832
community, and personal living skills; 4,833
(g) Access to a wide range of housing and the provision of 4,835
residential treatment and support; 4,836
(h) Support, assistance, consultation, and education for 4,838
families, friends, consumers of mental health services, and 4,839
others; 4,840
(i) Recognition and encouragement of families, friends, 4,842
neighborhood networks, especially networks that include racial 4,843
and ethnic minorities, churches, community organizations, and 4,844
meaningful employment as natural supports for consumers of mental 4,845
health services; 4,846
(j) Grievance procedures and protection of the rights of 4,848
consumers of mental health services; 4,849
113
(k) Case management, which includes continual 4,851
individualized assistance and advocacy to ensure that needed 4,852
services are offered and procured. 4,853
(10) Designate the treatment program, agency, or facility 4,856
for each person involuntarily committed to the board pursuant to 4,857
Chapter 5122. of the Revised Code and authorize payment for such 4,858
treatment. The board shall provide the least restrictive and 4,859
most appropriate alternative that is available for any person 4,860
involuntarily committed to it and shall assure that the services 4,861
listed in section 340.09 of the Revised Code are available to 4,862
severely mentally disabled persons residing within its service 4,863
district. The board shall establish the procedure for 4,864
authorizing payment for services, which may include prior 4,865
authorization in appropriate circumstances. The board may
provide for services directly to a severely mentally disabled 4,866
person when life or safety is endangered and when no community 4,867
mental health agency is available to provide the service. 4,868
(11) Establish a method for evaluating referrals for 4,871
involuntary commitment and affidavits filed pursuant to section 4,872
5122.11 of the Revised Code in order to assist the probate 4,873
division of the court of common pleas in determining whether 4,874
there is probable cause that a respondent is subject to
involuntary hospitalization and what alternative treatment is 4,875
available and appropriate, if any. 4,876
(12) Ensure that apartments or rooms built, subsidized, 4,879
renovated, rented, owned, or leased by the board or a community 4,880
mental health agency have been approved as meeting minimum fire 4,881
safety standards and that persons residing in the rooms or 4,882
apartments are receiving appropriate and necessary services, 4,883
including culturally relevant services, from a community mental 4,884
health agency. This division does not apply to residential 4,885
facilities licensed pursuant to section 5119.22 of the Revised 4,886
Code.
(13) Establish a mechanism for involvement of consumer 4,889
114
recommendation and advice on matters pertaining to mental health 4,890
services in the alcohol, drug addiction, and mental health 4,891
service district;
(14) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4,893
5119.61 OF THE REVISED CODE, PROVIDE FOR A COMMUNITY MENTAL 4,894
HEALTH AGENCY TO PROVIDE THE FOLLOWING SERVICES TO AN INDIVIDUAL 4,896
APPLYING FOR RESIDENTIAL STATE SUPPLEMENTAL PAYMENTS UNDER 4,897
SECTION 173.35 OF THE REVISED CODE WHO IS REFERRED TO THE BOARD 4,898
UNDER DIVISION (D) OF THAT SECTION: 4,899
(a) A COMPREHENSIVE ASSESSMENT TO DETERMINE WHETHER THE 4,901
ENVIRONMENT IN WHICH THE INDIVIDUAL WILL LIVE WHILE RECEIVING THE 4,902
SUPPLEMENT IS APPROPRIATE FOR THE INDIVIDUAL'S NEEDS; 4,904
(b) IF THE AGENCY DETERMINES PURSUANT TO THE COMPREHENSIVE 4,906
ASSESSMENT THAT THE LIVING ENVIRONMENT IS APPROPRIATE FOR THE 4,907
INDIVIDUAL'S NEEDS, CERTIFICATION OF THAT DETERMINATION; 4,909
(c) ONGOING MONITORING TO ENSURE THE AVAILABILITY TO THE 4,911
INDIVIDUAL OF COMMUNITY SUPPORT SERVICES AND SERVICES PROVIDED 4,913
UNDER SECTION 340.09 OF THE REVISED CODE; 4,914
(d) DISCHARGE PLANNING TO ENSURE THE EARLIEST POSSIBLE 4,916
TRANSITION OF THE INDIVIDUAL TO A LESS RESTRICTIVE ENVIRONMENT; 4,917
(e) OTHER SERVICES THE BOARD DETERMINES APPROPRIATE. 4,919
(15) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4,921
5119.61 OF THE REVISED CODE AND WITH THE BOARD'S COMMUNITY MENTAL 4,922
HEALTH PLAN, ENTER INTO AFFILIATION AGREEMENTS WITH ADULT CARE 4,923
FACILITIES LICENSED UNDER CHAPTER 3722. OF THE REVISED CODE OR 4,925
APPROVE AFFILIATION AGREEMENTS BETWEEN SUCH ADULT CARE FACILITIES 4,926
AND COMMUNITY MENTAL HEALTH AGENCIES. THE BOARD MAY NOT, AND A 4,927
COMMUNITY MENTAL HEALTH AGENCY UNDER CONTRACT WITH THE BOARD MAY 4,928
NOT, REFER A PERSON WITH MENTAL ILLNESS TO AN ADULT CARE FACILITY 4,929
THAT DOES NOT HAVE AN AFFILIATION AGREEMENT WITH THE BOARD OR 4,930
AGENCY. EXCEPT IN AN EMERGENCY, NO COMMUNITY MENTAL HEALTH 4,931
AGENCY UNDER CONTRACT WITH THE BOARD MAY PROVIDE SERVICES TO A 4,932
PERSON WITH MENTAL ILLNESS WHO RESIDES IN AN ADULT CARE FACILITY 4,933
THAT DOES NOT HAVE AN AFFILIATION AGREEMENT WITH THE BOARD OR 4,934
115
AGENCY. IF AN ADULT CARE FACILITY IN THE BOARD'S ALCOHOL, DRUG 4,935
ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT ACCEPTS A PERSON 4,936
WITH MENTAL ILLNESS WHO RESIDED IN ANOTHER SERVICE DISTRICT, THE 4,937
BOARD SHALL NOTIFY THE BOARD OF ALCOHOL, DRUG ADDICTION, AND 4,938
MENTAL HEALTH SERVICES OF THAT SERVICE DISTRICT. 4,939
(B) The board shall establish such rules, operating 4,941
procedures, standards, and bylaws, and perform such other duties 4,942
as may be necessary or proper to carry out the purposes of this 4,943
chapter. 4,944
(C) A board of alcohol, drug addiction and mental health 4,947
services may receive by gift, grant, devise, or bequest any 4,948
moneys, lands, or property for the benefit of the purposes for 4,949
which the board is established, and may hold and apply it 4,950
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest 4,952
shall be deposited in the treasury of the county, the treasurer 4,953
of which is custodian of the alcohol, drug addiction, and mental 4,954
health services funds to the credit of the board and shall be 4,955
available for use by the board for purposes stated by the donor 4,956
or grantor.
(D) No board member or employee of a board of alcohol, 4,958
drug addiction, and mental health services shall be liable for 4,959
injury or damages caused by any action or inaction taken within 4,960
the scope of his THE BOARD MEMBER'S official duties or THE 4,961
EMPLOYEE'S employment, whether or not such action or inaction is 4,962
expressly authorized by this section, section 340.033, or any 4,963
other section of the Revised Code, unless such action or inaction 4,964
constitutes willful or wanton misconduct. Chapter 2744. of the 4,965
Revised Code applies to any action or inaction by a board member 4,966
or employee of a board taken within the scope of the board 4,967
member's official duties or employee's employment. For the
purposes of this division, the conduct of a board member or 4,968
employee shall not be considered willful or wanton misconduct if 4,969
the board member or employee acted in good faith and in a manner 4,970
116
that the board member or employee reasonably believed was in or 4,972
was not opposed to the best interests of the board and, with 4,973
respect to any criminal action or proceeding, had no reasonable 4,974
cause to believe the conduct was unlawful. 4,975
(E) The meetings held by any committee established by a 4,977
board of alcohol, drug addiction, and mental health services 4,978
shall be considered to be meetings of a public body subject to 4,979
section 121.22 of the Revised Code. 4,980
Sec. 901.41. As used in this section and in section 901.42 4,990
of the Revised Code:
(A) "Director" means the director of agriculture or the 4,992
designee of the director of agriculture. 4,993
(B) "Exhibition" means a display of animals that is open 4,996
to the public.
(C) "National exhibition" means an exhibition where 4,998
species from fifteen or more states or nations are exhibited. 4,999
(D) "Nonprofit association" means any corporation, 5,001
society, partnership, or other organization formed under the laws 5,002
of this state or another state or nation providing for the 5,003
establishment and governance of nonprofit entities. 5,004
(E) "Ohio expositions center" means the property that is 5,007
held by this state for the purpose of conducting fairs, 5,008
expositions, and exhibits and that is maintained and managed by 5,009
the Ohio expositions commission under section 991.03 of the 5,010
Revised Code.
(F) "Premium awards" means money, ribbons, banners, 5,013
medals, achievement pins, trophies, or merchandise presented for 5,014
animals of superior quality. 5,015
(G) "Rental costs" means the costs associated with the 5,018
rental of the facilities, or a portion thereof, at the Ohio 5,019
expositions center, including, without limitation, grounds, 5,020
buildings, pens, animal feeding or watering equipment, and 5,021
tieouts. "Rental costs" also include INCLUDES labor costs 5,022
associated with set-up, tear-down, and security. 5,024
117
(H) "Species" means dairy cattle, beef cattle, swine, 5,026
RABBITS, POULTRY, and sheep. 5,027
Sec. 901.62. (A) The agricultural financing commission 5,036
shall consist of eight NINE members. Six of the members shall be 5,038
appointed by the governor with the advice and consent of the 5,039
senate. The director of agriculture, THE DIRECTOR OF 5,041
DEVELOPMENT, and the treasurer of state or, in their absence, 5,042
their designees, shall also be voting members of the commission. 5,043
Of the six appointed members, three shall have experience in 5,044
agriculture, and three shall have experience in agricultural 5,045
finance, including lending and loan servicing. No more than four 5,046
of the appointed members of the commission shall be of the same 5,047
political party. The speaker of the house of representatives and 5,048
the president of the senate shall each recommend to the governor 5,049
one person for consideration as one of the governor's 5,050
appointments. Terms of office for appointed members shall be for 5,051
six years commencing on the first day of February and ending on 5,052
the thirty-first day of January. Each member shall hold office 5,053
from the date of his appointment until the end of the term for 5,054
which he was appointed. Any member appointed to fill a vacancy 5,055
occurring prior to the expiration of the term for which his THE 5,056
MEMBER'S predecessor was appointed shall hold office for the 5,058
remainder of such THAT term. Any appointed member shall continue 5,060
in office subsequent to the expiration date of his THE MEMBER'S 5,061
term until his THE MEMBER'S successor takes office, or until a 5,062
period of sixty days has elapsed, whichever occurs first. Each 5,064
appointed member may be removed from office by the governor for 5,065
misfeasance, nonfeasance, or malfeasance in office, or for 5,066
failure to attend in person three consecutive meetings of the 5,067
agency COMMISSION.
(B) The director of agriculture shall be the chairman 5,069
CHAIRPERSON of the commission. The commission shall elect one of 5,071
its appointed members as vice-chairman VICE-CHAIRPERSON and such 5,072
other officers as it considers necessary, who need not be members 5,074
118
of the commission. Each appointed member of the commission shall 5,075
receive compensation at the rate of fifty dollars per commission 5,076
meeting attended in person, not to exceed a maximum of three 5,077
thousand dollars per year. All members shall be reimbursed for 5,078
their actual and necessary expenses incurred in the discharge of 5,079
their official duties. Members of the commission shall file with 5,080
the Ohio ethics commission the disclosure statement described in 5,081
division (A) of section 102.02 of the Revised Code on the form 5,082
prescribed by the Ohio ethics commission and subject to divisions 5,083
(C) and (D) of that section. 5,084
(C) Five members of the commission constitute a quorum, 5,086
and the affirmative vote of five members shall be necessary for 5,087
any action taken by the commission. No vacancy in membership of 5,088
the commission impairs the right of a quorum to exercise all the 5,089
rights and perform all the duties of the commission. Meetings of 5,090
the commission may be held at any place within the state. 5,091
Meetings of the commission, including notice of the place of 5,092
meetings, shall comply with section 121.22 of the Revised Code. 5,093
Sec. 901.63. (A) The agricultural financing commission 5,102
shall do both of the following until June 30, 1999 JULY 1, 2001: 5,104
(1) Make recommendations to the director of agriculture 5,106
about financial assistance applications made pursuant to sections 5,108
901.80 to 901.83 of the Revised Code. In making its 5,109
recommendations, the commission shall utilize criteria 5,110
established by rules adopted under division (A)(8)(b) of section 5,111
901.82 of the Revised Code. 5,112
(2) Advise the director in the administration of sections 5,114
901.80 to 901.83 of the Revised Code. 5,115
With respect to sections 901.80 to 901.83 of the Revised 5,118
Code, the role of the commission is solely advisory. No officer, 5,119
member, or employee of the commission is liable for damages in a 5,120
civil action for any injury, death, or loss to person or property 5,121
that allegedly arises out of purchasing any loan or providing a 5,122
loan guarantee, failure to purchase a loan or provide a loan 5,123
119
guarantee, or failure to take action under sections 901.80 to 5,124
901.83 of the Revised Code, or that allegedly arises out of any 5,125
act or omission of the department of agriculture that involves 5,126
those sections. 5,127
(B) The commission may: 5,129
(1) Adopt bylaws for the conduct of its business; 5,131
(2) Exercise all rights, powers, and duties conferred on 5,133
the commission as an issuer under Chapter 902. of the Revised 5,134
Code; 5,135
(3) Contract with, retain, or designate financial 5,137
consultants, accountants, and such other consultants and 5,138
independent contractors as the commission may determine to be 5,139
necessary or appropriate to carry out the purposes of this 5,140
chapter and to fix the terms of those contracts; 5,141
(4) Undertake and carry out or authorize the completion of 5,143
studies and analyses of agricultural conditions and needs within 5,144
the state relevant to the purpose of this chapter to the extent 5,145
not otherwise undertaken by other departments or agencies of the 5,146
state satisfactory for such purpose; 5,147
(5) Acquire by gift, purchase, foreclosure, or other 5,149
means, and hold, assign, pledge, lease, transfer, or otherwise 5,150
dispose of, real and personal property, or any interest in that 5,152
real and personal property, in the exercise of its powers and the 5,153
performance of its duties under this chapter and Chapter 902. of 5,154
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 5,156
financial or other form of aid from any federal, state, local, or 5,157
private agency or fund and enter into any contract with any such 5,158
agency or fund in connection therewith, and receive and accept 5,159
aid or contributions from any other source of money, property, 5,160
labor, or things of value, to be held, used, and applied only for 5,161
the purposes for which such grants and contributions are made, 5,162
all within the purposes of this chapter and Chapter 902. of the 5,163
Revised Code; 5,164
120
(7) Sue and be sued in its own name with respect to its 5,166
contracts or to enforce this chapter or its obligations or 5,167
covenants made under this chapter and Chapter 902. of the Revised 5,168
Code; 5,169
(8) Make and enter into all contracts, commitments, and 5,171
agreements, and execute all instruments necessary or incidental 5,172
to the performance of its duties and the execution of its powers 5,173
under this chapter and Chapter 902. of the Revised Code; 5,174
(9) Adopt an official seal; 5,176
(10) Do any and all things necessary or appropriate to 5,178
carry out the public purposes and exercise the powers granted to 5,179
the commission in this chapter and Chapter 902. of the Revised 5,180
Code and the public purposes of Section 13 of Article VIII, Ohio 5,181
Constitution. 5,182
Sec. 1155.07. Every savings and loan association organized 5,191
under the laws of this state shall make, as of the thirty-first 5,192
day of December and the thirtieth day of June of each year, a 5,193
report of the affairs and business of the association for the 5,194
preceding half year, showing its financial condition at the end 5,195
thereof. The statement as of the thirty-first day of December 5,196
shall be the annual statement of the association. The 5,197
superintendent of savings and loan associations FINANCIAL 5,198
INSTITUTIONS may also require monthly reports. 5,199
The superintendent may, by written order mailed to the 5,201
managing officer of such an association, require any association 5,202
to submit to him THE SUPERINTENDENT within a reasonable time 5,203
specified in the written order a report concerning its real 5,204
estate and other assets, other than the appraisals required by 5,205
section 1151.54 of the Revised Code. 5,206
Any such association refusing or neglecting to file any 5,208
report required by this section within the time specified shall 5,209
forfeit one hundred dollars for every day that such default 5,210
continues unless such penalty, in whole or in part, is waived by 5,211
the superintendent. The superintendent may maintain an action in 5,212
121
the name of the state to recover such forfeiture which, upon its 5,213
collection, shall be paid into the state treasury to the credit 5,214
of the division of savings and loan associations INSTITUTIONS 5,216
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE.
Every such association shall maintain adequate, complete, 5,218
and correct accounts and shall observe such generally accepted 5,219
accounting principles and practices or generally accepted 5,220
auditing standards, as the superintendent prescribes. The 5,221
superintendent shall demand once a year, and at the expense of 5,222
the association, that its accounts be audited by an independent 5,223
auditor. A copy of the audit report shall be submitted to the 5,224
board of directors of the association and filed, together with 5,225
management's reponse, with the superintendent within thirty days 5,226
after presentation of the completed report to the board or not 5,227
later than the thirty-first day of March of the year next 5,228
succeeding the year for which the audit was conducted, whichever 5,229
occurs first, unless the time is extended by the superintendent. 5,230
At the conclusion of his THE audit of an association, an 5,232
independent auditor shall attend a meeting at which there are 5,233
present only the outside directors of the association or a 5,234
committee comprised of and appointed by such outside directors 5,235
and fully disclose at that time to those directors all audit 5,236
exceptions that developed during the audit and all relevant data 5,237
and information concerning the financial condition, investment 5,238
practices, and other financial policies and procedures of the 5,239
association. The meeting shall be held at a time and place that 5,240
is agreed upon by the independent auditor and the outside 5,241
directors or their committee. A complete record of the 5,242
proceedings of the meeting shall be kept in a minute book that is 5,243
maintained solely for the purpose of keeping such records. 5,244
Nothing in this paragraph shall be construed to prevent the 5,245
independent auditor from meeting at other times with inside 5,246
directors, officers, or employees of the association. 5,247
The superintendent may prescribe a schedule for the 5,249
122
preservation and destruction of books, records, certificates, 5,250
documents, reports, correspondence, and other instruments, 5,251
papers, and writings of such an association, even if such 5,252
association has been liquidated pursuant to law. An association 5,253
may dispose of any books, records, certificates, documents, 5,254
reports, correspondence, and other instruments, papers, and 5,255
writings which have been retained or preserved for the period 5,256
prescribed by the superintendent pursuant to this paragraph. The 5,257
requirements of this paragraph may be complied with by the 5,258
preservation of records in the manner prescribed in section 5,259
2317.41 of the Revised Code. 5,260
Sec. 1155.10. Whenever the superintendent of building and 5,269
loan associations FINANCIAL INSTITUTIONS considers it necessary, 5,271
he THE SUPERINTENDENT may make a special examination of any 5,272
building SAVINGS and loan association, and the expense of such 5,273
THE examination shall be paid by such THE association. Such 5,274
expenses shall be collected by the superintendent and paid into 5,276
the state treasury to the credit of the division of building and 5,277
loan associations SAVINGS INSTITUTIONS fund ESTABLISHED UNDER 5,278
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 5,280
superintendent otherwise than in the ordinary routine of his THE 5,281
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 5,282
opinion, the condition of the association requires such
examination, is a special examination within the meaning of this 5,283
section.
Sec. 1155.13. (A)(1) Each savings and loan association 5,292
subject to inspection and examination by the superintendent of 5,293
financial institutions and transacting business in this state as 5,294
of the thirty-first day of December of the prior fiscal year, or 5,295
the savings and loan association's successor in interest, shall 5,296
pay annual assessments to the superintendent as provided in this 5,297
section.
(2) After determining the budget of the division of 5,299
financial institutions for examination and regulation of savings 5,300
123
and loan associations, but prior to establishing the annual 5,301
assessment amount necessary to fund that budget, the
superintendent shall include any amounts collected but not yet 5,302
expended or encumbered by the superintendent in the previous 5,303
fiscal year's budget and remaining in the building and loan 5,304
associations SAVINGS INSTITUTIONS fund from the amount to be 5,305
assessed. Based upon the resulting budget amount, the 5,306
superintendent shall make an assessment upon each savings and 5,307
loan association based on the total assets as shown on the books 5,308
of the savings and loan association as of the thirty-first day of 5,309
December of the previous fiscal year. The assessments shall be 5,310
collected on an annual or periodic basis within the fiscal year, 5,311
as determined by the superintendent.
(3) A savings and loan association authorized by the 5,313
superintendent to commence business in the period between 5,314
assessments shall pay the actual reasonable costs of the 5,315
division's examinations and visitations.
(B) Assessments and fees charged pursuant to this section 5,317
shall be paid within fourteen days after receiving an invoice for 5,318
payment of the assessment or fee. 5,319
Any assessment or fee collected is not refundable. 5,321
(C) The superintendent shall pay all assessments and fees 5,323
charged pursuant to this section and all forfeitures required to 5,324
be paid to the superintendent into the state treasury to the 5,325
credit of the building and loan associations SAVINGS INSTITUTIONS 5,326
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE. 5,327
(D) Any money deposited into the state treasury to the 5,329
credit of the building and loan associations SAVINGS INSTITUTIONS 5,330
fund, but not expended or encumbered by the superintendent to 5,332
defray the costs of administering Chapter CHAPTERS 1151. to 1157. 5,334
of the Revised Code, shall remain in the building and loan
associations SAVINGS INSTITUTIONS fund for expenditures by the 5,335
superintendent in subsequent years in the administration of 5,337
Chapters 1151. to 1157. of the Revised Code.
124
Sec. 1163.09. (A) Every savings bank organized under the 5,346
laws of this state, as of the thirty-first day of December and 5,347
the thirtieth day of June of each year, shall make a report of 5,348
the affairs and business of the savings bank for the preceding 5,349
half year, showing its financial condition at the end thereof. 5,350
The statement as of the thirty-first day of December shall be the 5,351
annual statement of the savings bank. The superintendent of 5,352
savings banks FINANCIAL INSTITUTIONS may also require monthly 5,353
reports. 5,354
(B) The superintendent, by written order mailed to the 5,356
managing officer of a savings bank, may require any savings bank 5,357
to submit to him THE SUPERINTENDENT within a reasonable time 5,358
specified in the written order a report concerning its real 5,360
estate and other assets, other than the appraisals required by 5,361
section 1161.81 of the Revised Code. 5,362
(C) Any savings bank refusing or neglecting to file any 5,364
report required by this section within the time specified shall 5,365
forfeit one hundred dollars for every day that the default 5,366
continues unless the penalty, in whole or in part, is waived by 5,367
the superintendent. The superintendent may maintain an action in 5,368
the name of the state to recover the forfeiture which, upon its 5,369
collection, shall be paid into the state treasury to the credit 5,370
of the division of savings banks INSTITUTIONS fund ESTABLISHED 5,372
UNDER SECTION 1181.18 OF THE REVISED CODE.
(D) Every savings bank shall maintain adequate, complete, 5,374
and correct accounts and shall observe such generally accepted 5,375
accounting principles and practices or generally accepted 5,376
auditing standards, as the superintendent prescribes. The 5,377
superintendent shall demand once a year, and at the expense of 5,378
the savings bank, that its accounts be audited by an independent 5,379
auditor. A copy of the audit report shall be submitted to the 5,380
board of directors of the savings bank and filed, together with 5,381
management's reponse, with the superintendent within thirty days 5,382
after presentation of the completed report to the board or not 5,383
125
later than the thirty-first day of March of the year next 5,384
succeeding the year for which the audit was conducted, whichever 5,385
occurs first, unless the time is extended by the superintendent. 5,386
(E) At the conclusion of his THE audit of a savings bank, 5,388
an independent auditor shall attend a meeting at which there are 5,389
present only the outside directors of the savings bank or a 5,390
committee composed of and appointed by the outside directors and 5,391
fully disclose at that time to those directors all audit 5,392
exceptions that developed during the audit and all relevant data 5,393
and information concerning the financial condition, investment 5,394
practices, and other financial policies and procedures of the 5,395
savings bank. The meeting shall be held at a time and place that 5,396
is agreed upon by the independent auditor and the outside 5,397
directors or their committee. A complete record of the 5,398
proceedings of the meeting shall be kept in a minute book that is 5,399
maintained solely for the purpose of keeping these records. 5,400
Nothing in this division shall be construed to prevent the 5,401
independent auditor from meeting at other times with inside 5,402
directors, officers, or employees of the savings bank. 5,403
(F) The superintendent may prescribe a schedule for the 5,405
preservation and destruction of books, records, certificates, 5,406
documents, reports, correspondence, and other instruments, 5,407
papers, and writings of a savings bank, even if the savings bank 5,408
has been liquidated pursuant to law. A savings bank may dispose 5,409
of any books, records, certificates, documents, reports, 5,410
correspondence, and other instruments, papers, and writings that 5,411
have been retained or preserved for the period prescribed by the 5,412
superintendent pursuant to this division. The requirements of 5,413
this division may be complied with by the preservation of records 5,414
in the manner prescribed in section 2317.41 of the Revised Code. 5,415
Sec. 1163.13. Whenever the superintendent of savings banks 5,424
FINANCIAL INSTITUTIONS considers it necessary, he THE 5,425
SUPERINTENDENT may make a special examination of any savings 5,427
bank, and the expense of the examination shall be paid by the 5,428
126
savings bank. These moneys shall be collected by the 5,429
superintendent and paid into the state treasury to the credit of 5,430
the division of savings banks INSTITUTIONS fund ESTABLISHED UNDER 5,431
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 5,432
superintendent otherwise than in the ordinary routine of his THE 5,433
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 5,434
opinion, the condition of the savings bank requires the
examination, is a special examination within the meaning of this 5,435
section.
Sec. 1163.16. (A)(1) Each savings bank subject to 5,445
inspection and examination by the superintendent of financial
institutions and transacting business in this state as of the 5,446
thirty-first day of December of the prior fiscal year, or the 5,447
savings bank's successor in interest, shall pay annual 5,448
assessments to the superintendent as provided in this section. 5,449
(2) After determining the budget of the division of 5,451
financial institutions for examination and regulation of savings 5,452
banks, but prior to establishing the annual assessment amount 5,453
necessary to fund that budget, the superintendent shall include 5,454
any amounts collected but not yet expended or encumbered by the 5,455
superintendent in the previous fiscal year's budget and remaining 5,456
in the savings banks INSTITUTIONS fund from the amount to be 5,457
assessed. Based upon the resulting budget amount, the
superintendent shall make an assessment upon each savings bank 5,458
based on the total assets as shown on the books of the savings 5,459
bank as of the thirty-first day of December of the previous 5,460
fiscal year. The assessments shall be collected on an annual or 5,461
periodic basis within the fiscal year, as determined by the 5,462
superintendent.
(3) A savings bank authorized by the superintendent to 5,464
commence business in the period between assessments shall pay the 5,465
actual reasonable costs of the division's examinations and 5,466
visitations.
(B) Assessments and fees charged pursuant to this section 5,468
127
shall be paid within fourteen days after receiving an invoice for 5,469
payment of the assessment or fee. 5,470
Any assessment or fee collected is not refundable. 5,472
(C) The superintendent shall pay all assessments and fees 5,474
charged pursuant to this section and all forfeitures required to 5,475
be paid to the superintendent into the state treasury to the 5,476
credit of the savings banks INSTITUTIONS fund ESTABLISHED UNDER 5,477
SECTION 1181.18 OF THE REVISED CODE. 5,478
(D) Any money deposited into the state treasury to the 5,480
credit of the savings banks INSTITUTIONS fund, but not expended 5,481
or encumbered by the superintendent to defray the costs of 5,483
administering Chapters 1161. to 1165. of the Revised Code, shall 5,484
remain in the savings banks INSTITUTIONS fund for expenditures by 5,485
the superintendent in subsequent years in the administration of 5,486
Chapters 1161. to 1165. of the Revised Code.
Sec. 1181.06. There is hereby created in the state 5,495
treasury the financial institutions fund. The fund shall receive 5,497
assessments on the banks fund established under section 1125.28 5,498
of the Revised Code, the building and loan associations fund 5,499
established under section 1155.131 of the Revised Code, the 5,501
savings bank INSTITUTIONS fund established under section 1163.17 5,502
1181.18 of the Revised Code, the credit unions fund established 5,504
under section 1733.321 of the Revised Code, and the consumer 5,505
finance fund established under section 1321.21 of the Revised 5,507
Code in accordance with procedures prescribed by the 5,508
superintendent of financial institutions and approved by the 5,509
director of budget and management. Such assessments shall be in 5,510
addition to any assessments on these funds required under 5,511
division (G) of section 121.08 of the Revised Code. All 5,513
operating expenses of the division of financial institutions 5,514
shall be paid from the financial institutions fund. 5,515
Sec. 1181.18. THERE IS HEREBY CREATED IN THE STATE 5,517
TREASURY THE SAVINGS INSTITUTIONS FUND. 5,518
THE SAVINGS INSTITUTIONS FUND SHALL BE ASSESSED A 5,521
128
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DEPARTMENT 5,522
OF COMMERCE AND THE DIVISION OF FINANCIAL INSTITUTIONS. THE 5,523
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DIVISION
OF FINANCIAL INSTITUTIONS SHALL BE DETERMINED IN ACCORDANCE WITH 5,524
PROCEDURES PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL 5,525
INSTITUTIONS AND APPROVED BY THE DIRECTOR OF BUDGET AND 5,527
MANAGEMENT. SUCH ASSESSMENT SHALL BE PAID FROM THE SAVINGS 5,528
INSTITUTIONS FUND TO THE DIVISION OF ADMINISTRATION FUND OR THE 5,529
FINANCIAL INSTITUTIONS FUND.
AN AMOUNT EQUAL TO THE APPROPRIATION FROM THE SAVINGS 5,531
INSTITUTIONS FUND SHALL BE TRANSFERRED TO THE FUND FROM THE 5,532
GENERAL REVENUE FUND BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 5,533
ALL FEES, ASSESSMENTS, CHARGES, AND FORFEITURES COLLECTED UNDER 5,535
CHAPTERS 1151., 1155., 1161., AND 1163. OF THE REVISED CODE SHALL
BE PAID BY THE SUPERINTENDENT INTO THE STATE TREASURY TO THE 5,536
CREDIT OF THE SAVINGS INSTITUTIONS FUND. SUCH MONEYS SHALL BE 5,538
UTILIZED TO REIMBURSE IN FULL DURING THE SAME FISCAL YEAR THE 5,539
GENERAL REVENUE FUND FOR MONEYS TRANSFERRED TO THE SAVINGS 5,540
INSTITUTIONS FUND. ANY MONEYS PAID TO THE SUPERINTENDENT 5,541
PURSUANT TO CHAPTERS 1151., 1155., 1161., AND 1163. OF THE 5,542
REVISED CODE BUT NOT EXPENDED OR ENCUMBERED BY THE SUPERINTENDENT
EITHER TO REIMBURSE THE GENERAL REVENUE FUND OR TO DEFRAY THE 5,543
COSTS OF REGULATING SAVINGS AND LOAN ASSOCIATIONS AND SAVINGS 5,544
BANKS SHALL REMAIN IN THE SAVINGS INSTITUTIONS FUND FOR 5,545
EXPENDITURE BY THE SUPERINTENDENT IN SUBSEQUENT YEARS. 5,546
Sec. 1309.401. Four THROUGH JUNE 30, 2001, FOUR dollars 5,556
AND FIFTY CENTS, AND, ON AND AFTER JULY 1, 2001, FOUR DOLLARS, of 5,557
each fee collected by the secretary of state under sections 5,559
1309.42 and 1309.43 and divisions (E) and (H) of section 1309.40 5,560
of the Revised Code, and all of the fees collected by the 5,561
secretary of state under section 1309.402 of the Revised Code, 5,562
shall be deposited in the state treasury to the credit of the 5,563
corporate and uniform commercial code filing fund, which is 5,564
hereby created. The remainder of each such fee shall be
129
deposited in the general revenue fund. All moneys credited to 5,565
the corporate and uniform commercial code filing fund shall be 5,566
used only for the purpose of paying for expenses relating to the 5,567
processing of filings under Title XVII and Chapter 1329. of the 5,568
Revised Code and the uniform commercial code.
Sec. 1501.01. Except where otherwise expressly provided, 5,577
the director of natural resources shall formulate and institute 5,578
all the policies and programs of the department of natural 5,579
resources. The chief of any division of the department shall not 5,580
enter into any contract, agreement, or understanding unless it is 5,581
approved by the director. 5,582
The director shall correlate and coordinate the work and 5,584
activities of the divisions in his THE department to eliminate 5,585
unnecessary duplications of effort and overlapping of functions. 5,586
The chiefs of the various divisions of the department shall meet 5,587
with the director at least once each month at a time and place 5,588
designated by the director. 5,589
The director may create advisory boards to any of those 5,591
divisions in conformity with section 121.13 of the Revised Code. 5,592
The director may accept and expend gifts, devises, and 5,594
bequests of money, lands, and other properties on behalf of the 5,595
department or any division thereof under the terms set forth in 5,596
section 9.20 of the Revised Code. Any political subdivision of 5,597
this state may make contributions to the department for the use 5,598
of the department or any division therein according to the terms 5,599
of the contribution. 5,600
The director may publish and sell or otherwise distribute 5,602
data, reports, and information. 5,603
The director shall adopt rules in accordance with Chapter 5,605
119. of the Revised Code to permit the department to accept by 5,606
means of a credit card the payment of fees, charges, and rentals 5,607
at those facilities described in section 1501.07 of the Revised 5,608
Code that are operated by the department, for any data, reports, 5,609
or information sold by the department, and for any other goods or 5,610
130
services provided by the department. 5,611
Whenever authorized by the governor to do so, the director 5,613
may appropriate property for the uses and purposes authorized to 5,614
be performed by the department and on behalf of any division 5,615
within the department. This authority shall be exercised in the 5,616
manner provided in sections 163.01 to 163.22 of the Revised Code 5,617
for the appropriation of property by the director of 5,618
administrative services. This authority to appropriate property 5,619
is in addition to the authority provided by law for the 5,620
appropriation of property by divisions of the department. The 5,621
director of natural resources also may acquire by purchase, 5,622
lease, or otherwise such real and personal property rights or 5,623
privileges in the name of the state as are necessary for the 5,624
purposes of the department or any division therein. The 5,625
director, with the approval of the governor and the attorney 5,626
general, may sell, lease, or exchange portions of lands or 5,627
property, real or personal, of any division of the department or 5,628
grant easements or licenses for the use thereof, or enter into 5,629
agreements for the sale of water from lands and waters under the 5,630
administration or care of the department or any of its divisions, 5,631
when the sale, lease, exchange, easement, agreement, or license 5,632
for use is advantageous to the state, provided that such approval 5,633
is not required for leases and contracts made under sections 5,634
SECTION 1507.12, IF ANY, OR SECTION 1501.07, 1501.09, 1507.12, or 5,636
1520.03 or Chapter 1523. of the Revised Code. Water may be sold 5,637
from a reservoir only to the extent that the reservoir was 5,638
designed to yield a supply of water for a purpose other than 5,639
recreation or wildlife, and the water sold is in excess of that 5,640
needed to maintain the reservoir for purposes of recreation or 5,641
wildlife.
Money received from such sales, leases, easements, 5,643
exchanges, agreements, or licenses for use, except revenues 5,644
required to be set aside or paid into depositories or trust funds 5,645
for the payment of bonds issued under sections 1501.12 to 1501.15 5,646
131
of the Revised Code, and to maintain the required reserves 5,647
therefor as provided in the orders authorizing the issuance of 5,648
such bonds or the trust agreements securing such bonds, revenues 5,649
required to be paid and credited pursuant to the bond proceeding 5,650
applicable to obligations issued pursuant to section 154.22, and 5,651
revenues generated under section 1520.05 of the Revised Code, 5,652
shall be deposited in the state treasury to the credit of the 5,653
fund of the division of the department having prior jurisdiction 5,654
over the lands or property. If no such fund exists, the money 5,655
shall be credited to the general revenue fund. All such money 5,656
received from lands or properties administered by the division of 5,657
wildlife shall be credited to the wildlife fund. 5,658
The director shall provide for the custody, safekeeping, 5,660
and deposit of all moneys, checks, and drafts received by the 5,661
department or its employees prior to paying them to the treasurer 5,662
of state under section 113.08 of the Revised Code. 5,663
The director shall cooperate with the nature conservancy, 5,665
other nonprofit organizations, and the United States fish and 5,666
wildlife service in order to secure protection of islands in the 5,667
Ohio river and the wildlife and wildlife habitat of those 5,668
islands. 5,669
Sec. 1501.25. (A) THERE IS HEREBY CREATED THE MUSKINGUM 5,672
RIVER ADVISORY COUNCIL CONSISTING OF THE FOLLOWING MEMBERS: 5,674
(1) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE FROM 5,676
EACH PARTY TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF 5,677
REPRESENTATIVES AFTER CONFERRING WITH THE MINORITY LEADER OF THE 5,678
HOUSE, AND TWO MEMBERS OF THE SENATE, ONE FROM EACH PARTY TO BE 5,679
APPOINTED BY THE PRESIDENT OF THE SENATE AFTER CONFERRING WITH 5,680
THE MINORITY LEADER OF THE SENATE; 5,681
(2) FOUR PERSONS INTERESTED IN THE DEVELOPMENT OF 5,683
RECREATIONAL AND COMMERCIAL USES OF THE MUSKINGUM RIVER, TO BE 5,684
APPOINTED BY THE GOVERNOR; 5,685
(3) TWO REPRESENTATIVES OF THE DEPARTMENT OF NATURAL 5,687
RESOURCES TO BE APPOINTED BY THE DIRECTOR OF NATURAL RESOURCES, 5,688
132
ONE REPRESENTATIVE OF THE DEPARTMENT OF DEVELOPMENT TO BE 5,689
APPOINTED BY THE DIRECTOR OF DEVELOPMENT, ONE REPRESENTATIVE OF 5,690
THE ENVIRONMENTAL PROTECTION AGENCY TO BE APPOINTED BY THE 5,691
DIRECTOR OF ENVIRONMENTAL PROTECTION, ONE REPRESENTATIVE OF THE 5,692
DEPARTMENT OF TRANSPORTATION TO BE APPOINTED BY THE DIRECTOR OF 5,693
TRANSPORTATION, AND ONE REPRESENTATIVE OF THE OHIO HISTORICAL 5,694
SOCIETY TO BE APPOINTED BY THE DIRECTOR OF THE SOCIETY; 5,695
(4) TWELVE PERSONS TO BE APPOINTED FROM THE FOUR COUNTIES 5,697
THROUGH WHICH THE MUSKINGUM RIVER FLOWS, WHO SHALL BE APPOINTED 5,699
IN THE FOLLOWING MANNER. THE BOARD OF COUNTY COMMISSIONERS OF 5,700
COSHOCTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 5,701
CITY OF COSHOCTON SHALL APPOINT ONE MEMBER. THE BOARD OF COUNTY 5,702
COMMISSIONERS OF MUSKINGUM COUNTY SHALL APPOINT TWO MEMBERS, AND 5,703
THE MAYOR OF THE CITY OF ZANESVILLE SHALL APPOINT ONE MEMBER. 5,704
THE BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY SHALL APPOINT 5,706
TWO MEMBERS, AND THE MAYOR OF THE CITY OF MCCONNELSVILLE SHALL 5,707
APPOINT ONE MEMBER. THE BOARD OF COUNTY COMMISSIONERS OF 5,709
WASHINGTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 5,710
CITY OF MARIETTA SHALL APPOINT ONE MEMBER.
(5) ONE MEMBER REPRESENTING THE MUSKINGUM WATERSHED 5,712
CONSERVANCY DISTRICT, TO BE APPOINTED BY THE BOARD OF DIRECTORS 5,713
OF THE DISTRICT. 5,714
MEMBERS SHALL SERVE AT THE PLEASURE OF THEIR APPOINTING 5,716
AUTHORITY. VACANCIES SHALL BE FILLED IN THE MANNER OF THE 5,717
ORIGINAL APPOINTMENT. 5,718
THE COUNCIL BIENNIALLY SHALL ELECT FROM AMONG ITS MEMBERS A 5,721
CHAIRPERSON AND A VICE-CHAIRPERSON. ONE OF THE REPRESENTATIVES 5,723
OF THE DEPARTMENT OF NATURAL RESOURCES SHALL SERVE AS SECRETARY 5,724
OF THE COUNCIL UNLESS A MAJORITY OF THE MEMBERS ELECT ANOTHER 5,725
MEMBER TO THAT POSITION. THE COUNCIL SHALL MEET AT LEAST ONCE 5,727
EACH YEAR FOR THE PURPOSE OF TAKING TESTIMONY FROM RESIDENTS OF 5,729
THE MUSKINGUM RIVER AREA, USERS OF THE RIVER AND ADJACENT LANDS, 5,730
AND THE GENERAL PUBLIC AND MAY HOLD ADDITIONAL MEETINGS AT THE 5,731
CALL OF THE CHAIRPERSON. 5,732
133
THE CHAIRPERSON MAY APPOINT MEMBERS OF THE COUNCIL AND 5,735
OTHER PERSONS TO COMMITTEES AND STUDY GROUPS AS NEEDED. 5,736
THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL 5,738
ASSEMBLY, THE GOVERNOR, AND THE DIRECTOR OF NATURAL RESOURCES. 5,739
THE REPORT SHALL INCLUDE, WITHOUT LIMITATION, A DESCRIPTION OF 5,740
THE CONDITIONS OF THE MUSKINGUM RIVER AREA, A DISCUSSION OF THE 5,741
COUNCIL'S ACTIVITIES, ANY RECOMMENDATIONS FOR ACTIONS BY THE 5,743
GENERAL ASSEMBLY OR ANY STATE AGENCY THAT THE COUNCIL DETERMINES 5,745
ARE NEEDED, AND ESTIMATES OF THE COSTS OF THOSE RECOMMENDATIONS. 5,746
THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE STAFF 5,748
ASSISTANCE TO THE COUNCIL AS NEEDED. 5,749
(B) THE COUNCIL MAY DO ANY OF THE FOLLOWING: 5,751
(1) PROVIDE COORDINATION AMONG POLITICAL SUBDIVISIONS, 5,753
STATE AGENCIES, AND FEDERAL AGENCIES INVOLVED IN DREDGING, DEBRIS 5,754
REMOVAL OR DISPOSAL, AND RECREATIONAL, COMMERCIAL, TOURISM, AND 5,756
ECONOMIC DEVELOPMENT;
(2) PROVIDE AID TO CIVIC GROUPS AND INDIVIDUALS WHO WANT 5,758
TO MAKE IMPROVEMENTS TO THE MUSKINGUM RIVER IF THE COUNCIL 5,759
DETERMINES THAT THE IMPROVEMENTS WOULD BE BENEFICIAL TO THE 5,760
RESIDENTS OF THE AREA AND TO THE STATE; 5,761
(3) PROVIDE INFORMATION AND PLANNING AID TO STATE AND 5,763
LOCAL AGENCIES RESPONSIBLE FOR HISTORIC, COMMERCIAL, AND 5,764
RECREATIONAL DEVELOPMENT OF THE MUSKINGUM RIVER AREA, INCLUDING 5,765
WITHOUT LIMITATION, SUGGESTIONS AS TO PRIORITIES FOR PENDING 5,767
MUSKINGUM RIVER PROJECTS OF THE DEPARTMENT OF NATURAL RESOURCES;
(4) PROVIDE UPDATED INFORMATION TO THE UNITED STATES ARMY 5,770
CORPS OF ENGINEERS, THE DEPARTMENT OF NATURAL RESOURCES, AND THE 5,771
MUSKINGUM CONSERVANCY DISTRICT ESTABLISHED UNDER CHAPTER 6101. OF 5,774
THE REVISED CODE CONCERNING POTENTIAL HAZARDS TO FLOOD CONTROL OR 5,776
NAVIGATION, EROSION PROBLEMS, DEBRIS ACCUMULATION, AND
DETERIORATION OF LOCKS OR DAMS. 5,777
Sec. 1507.01. There is hereby created in the department of 5,786
natural resources the division of engineering to be administered 5,787
by the chief engineer of the department, who shall be a 5,788
134
professional engineer registered under Chapter 4733. of the 5,789
Revised Code. The chief engineer shall do all of the following: 5,790
(A) Administer this chapter; 5,792
(B) Provide engineering, architectural, land surveying, 5,794
and related administrative and maintenance support services to 5,795
the other divisions in the department; 5,796
(C) Upon request of the director of natural resources, 5,798
implement the department's capital improvement program and 5,799
facility maintenance projects, including all associated 5,800
engineering, architectural, design, contracting, surveying, 5,801
inspection, and management responsibilities and requirements; 5,802
(D) With the approval of the director, act as contracting 5,804
officer in departmental engineering, architectural, surveying, 5,805
and construction matters regarding capital improvements except 5,806
for those matters otherwise specifically provided for in law; 5,807
(E) Administer AS LONG AS THE STATE RETAINS OWNERSHIP OF 5,809
THE BURR OAK WATER SYSTEM, ADMINISTER, operate, and maintain the 5,811
Burr Oak water system and, with the approval of the director, act 5,812
as contracting agent in matters concerning that system; 5,813
(F) Provide engineering support for the coastal management 5,815
program established under Chapter 1506. of the Revised Code; 5,816
(G) Coordinate the department's roadway maintenance 5,818
program with the department of transportation pursuant to section 5,819
5511.05 of the Revised Code and maintain the roadway inventory of 5,820
the department of natural resources; 5,821
(H) Coordinate the department's emergency response 5,823
activities with the emergency management agency created in 5,824
section 5915.02 5502.22 of the Revised Code; 5,825
(I) Coordinate the department's projects, programs, 5,827
policies, procedures, and activities with the United States army 5,828
corps of engineers; 5,829
(J) Subject to the approval of the director, employ 5,831
professional and technical assistants and such other employees as 5,832
are necessary for the performance of the activities required or 5,833
135
authorized under this chapter, other work of the division, and 5,834
any other work agreed to under working agreements or contractual 5,835
arrangements; prescribe their duties; and fix their compensation 5,836
in accordance with such schedules as are provided by law for the 5,837
compensation of state employees. 5,838
Sec. 1507.12. The chief engineer of the department of 5,847
natural resources shall adopt, and may amend and rescind, rules 5,848
in accordance with Chapter 119. of the Revised Code specifying 5,849
requirements and procedures for the provision of water service to 5,850
water users and establishing a rate schedule, including related 5,851
water service fees and late payment penalties, for the sale of 5,852
water from the Burr Oak water system sufficient to meet the 5,853
capital improvement and operating expenses of the system. The 5,854
revenue derived from the sale of the water shall be deposited 5,855
into the Burr Oak water system fund, which is hereby created in 5,856
the state treasury. All investment earnings of the fund shall be 5,857
credited to the fund. Money in the fund shall be used to pay the 5,858
capital improvement and operating expenses of the Burr Oak water
system. The chief engineer may enter into contracts with the 5,859
Ohio water development authority, pursuant to Chapter 6121. of 5,860
the Revised Code, to meet the capital improvement expenses of the 5,861
Burr Oak water system.
THE PROVISIONS OF THIS SECTION APPLY ONLY AS LONG AS THE 5,863
STATE RETAINS OWNERSHIP OF THE BURR OAK WATER SYSTEM AND CEASE TO 5,864
APPLY IF OWNERSHIP OF THE BURR OAK WATER SYSTEM IS TRANSFERRED 5,865
FROM THE STATE. 5,866
For the purposes of this chapter, "Burr Oak water system" 5,868
means the Burr Oak water treatment plant and its transmission 5,869
lines, storage tanks, and other appurtenances. 5,870
Sec. 1509.02. There is hereby created in the department of 5,879
natural resources the division of oil and gas, which shall be 5,880
administered by the chief of the division of oil and gas. 5,881
The chief shall not hold any other public office, nor shall 5,883
he THE CHIEF be engaged in any occupation or business that might 5,884
136
interfere with or be inconsistent with his THE duties as chief. 5,885
All moneys collected by the chief pursuant to sections 5,887
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 5,888
NINETY PER CENT OF MONEYS RECEIVED BY THE TREASURER OF STATE FROM 5,889
THE TAX LEVIED IN DIVISIONS (A)(5) AND (6) OF SECTION 5749.02, 5,890
all civil penalties paid under section 1509.33, and, 5,892
notwithstanding any section of the Revised Code relating to the 5,893
distribution or crediting of fines for violations of the Revised 5,894
Code, all fines imposed under divisions (A) and (B) of section 5,895
1509.99 of the Revised Code and fines imposed under divisions (C) 5,896
and (D) of section 1509.99 of the Revised Code for all violations 5,897
prosecuted by the attorney general and for violations prosecuted 5,898
by prosecuting attorneys that do not involve the transportation 5,899
of brine by vehicle shall be deposited into the state treasury to 5,900
the credit of the oil and gas permit WELL fund, which is hereby 5,901
created. Fines imposed under divisions (C) and (D) of section 5,902
1509.99 of the Revised Code for violations prosecuted by 5,903
prosecuting attorneys that involve the transportation of brine by 5,904
vehicle shall be paid to the county treasury of the county where 5,905
the violation occurred.
The fund shall be used only FOR THE PURPOSES ENUMERATED IN 5,907
DIVISION (B) OF SECTION 1509.071 OF THE REVISED CODE, for the 5,908
expenses of the division associated with the administration of 5,909
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 5,910
3301, and FOR the division's other functions. The expenses of 5,911
the division in excess of the moneys available in the fund shall 5,912
be paid from general revenue fund appropriations to the 5,913
department.
Sec. 1509.071. (A) When the chief of the division of oil 5,922
and gas finds that an owner has failed to comply with the 5,923
restoration requirements of section 1509.072, plugging 5,924
requirements of section 1509.12, or permit provisions of section 5,925
1509.13 of the Revised Code, or rules and orders relating 5,926
thereto, the chief shall make a finding of that fact and declare 5,928
137
any surety bond filed to ensure compliance with those sections 5,929
and rules forfeited in the amount set by rule of the chief. The 5,930
chief thereupon shall certify the total forfeiture to the 5,931
attorney general, who shall proceed to collect the amount of the 5,932
forfeiture.
In lieu of total forfeiture, the surety, at its option, may 5,934
cause the well to be properly plugged and abandoned and the area 5,935
properly restored or pay to the treasurer of state the cost of 5,937
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 5,940
as provided in this section shall be deposited in the state 5,941
treasury to the credit of the oil and gas well plugging fund, 5,942
which is hereby created IN SECTION 1509.02 OF THE REVISED CODE. 5,943
The fund shall be expended by the chief for the following 5,945
purposes IN ADDITION TO THE OTHER PURPOSES SPECIFIED IN THAT 5,946
SECTION:
(1) In accordance with division (D) of this section, to 5,948
plug wells or to restore the land surface properly as required in 5,952
section 1509.072 of the Revised Code for which the bonds have 5,953
been forfeited, for abandoned wells for which no funds are 5,954
available to plug the wells in accordance with this chapter, or 5,956
to use abandoned wells for the injection of oil or gas production 5,958
wastes;
(2) In accordance with division (E) of this section, to 5,960
correct conditions that the chief reasonably has determined are 5,962
causing imminent health or safety risks. 5,963
Expenditures from the fund shall be made only for lawful 5,965
purposes. 5,966
(C)(1) Upon determining that the owner of a well has 5,969
failed to properly plug and abandon it or to properly restore the 5,970
land surface at the well site in compliance with the applicable 5,971
requirements of this chapter and applicable rules adopted and 5,972
orders issued under it or that a well is an abandoned well for 5,973
which no funds are available to plug the well in accordance with 5,974
138
this chapter, the chief shall do all of the following: 5,975
(a) Determine from the records in the office of the county 5,978
recorder of the county in which the well is located the identity 5,979
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 5,980
well was drilled or the identity of each person owning an 5,981
interest in the lease, and the identities of the persons having 5,982
legal title to, or a lien upon, any of the equipment appurtenant 5,983
to the well; 5,984
(b) Mail notice to the owner of the land on which the well 5,987
is located informing the landowner that the well is to be 5,988
plugged. If the owner of the oil or gas lease under which the 5,989
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 5,990
lease, the chief also shall mail notice that the well is to be 5,991
plugged to the owner of the lease or to each person owning an 5,992
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 5,995
lien upon, any equipment appurtenant to the well, informing the 5,996
person that the well is to be plugged and offering the person the 5,997
opportunity to plug the well and restore the land surface at the 5,998
well site at the person's own expense in order to avoid 5,999
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 6,002
of this section plugs the well within sixty days after the 6,003
mailing of the notice required by that division, all equipment 6,004
appurtenant to the well is hereby declared to be forfeited to 6,005
this state without compensation and without the necessity for any 6,007
action by the state for use to defray the cost of plugging and 6,008
abandoning the well and restoring the land surface at the well 6,009
site.
(D) Expenditures from the fund for the purpose of division 6,011
(B)(1) of this section shall be made in accordance with either of 6,013
the following:
139
(1) The expenditures may be made pursuant to contracts 6,015
entered into by the chief with persons who agree to furnish all 6,017
of the materials, equipment, work, and labor as specified and 6,018
provided in such a contract. Agents or employees of persons 6,019
contracting with the chief for the restoration, plugging, and 6,020
injection projects may enter upon any land, public or private, 6,021
for which a project has been approved by the controlling board 6,022
and on which the well is located, for the purpose of performing 6,023
the work. Prior to such entry, the chief shall give to the 6,024
following persons written notice of the existence of a contract 6,025
for a project to restore, plug, or inject oil or gas production 6,026
wastes into a well, the names of the persons with whom the 6,027
contract is made, and the date that the project will commence: 6,028
the owner of the well, the owner of the land upon which the well 6,029
is located, the owner or agents of adjoining land, and, if the 6,030
well is located in the same township as or in a township adjacent 6,031
to the excavations and workings of a mine and the owner or lessee 6,032
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 6,033
preceding three years, the owner or lessee of the mine. 6,034
The chief periodically shall submit project proposals under 6,036
division (D)(1) of this section to the controlling board, 6,038
together with benefit and cost data and other pertinent 6,039
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 6,041
plugging, or injection projects that are approved by the 6,042
controlling board, and expenditures for a particular project may 6,043
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 6,046
who has received notice under division (C)(1)(b) of this section 6,047
may plug the well and be reimbursed by the division for the 6,048
reasonable cost of plugging the well. In order to plug the well, 6,049
the landowner shall submit an application to the chief on a form 6,050
prescribed by the chief and approved by the technical advisory 6,051
140
council on oil and gas created in section 1509.38 of the Revised 6,053
Code. The application, at a minimum, shall require the landowner 6,054
to provide the same information as is required to be included in 6,055
the application for a permit to plug and abandon under section 6,056
1509.13 of the Revised Code. The application shall be 6,057
accompanied by a copy of a proposed contract to plug the well 6,058
prepared by a contractor regularly engaged in the business of 6,059
plugging oil and gas wells. The proposed contract shall require 6,060
the contractor to furnish all of the materials, equipment, work, 6,061
and labor necessary to plug the well properly and shall specify 6,063
the price for doing the work, including a credit for the 6,064
equipment appurtenant to the well that was forfeited to the state 6,065
through the operation of division (C)(2) of this section. The 6,066
application also shall be accompanied by the permit fee required 6,067
by section 1509.13 of the Revised Code unless the chief, in the 6,068
chief's discretion, waives payment of the permit fee. If the 6,069
chief waives payment of the permit fee in connection with an 6,070
application, the chief shall certify the amount of the fee to the 6,071
director of budget and management for transfer from the oil and 6,072
gas well plugging fund to the oil and gas permit fund created in 6,073
section 1509.02 of the Revised Code. The application constitutes 6,075
an application for a permit to plug and abandon the well for the 6,076
purposes of section 1509.13 of the Revised Code. 6,077
(b) Within thirty days after receiving an application and 6,080
accompanying proposed contract under division (D)(2)(a) of this 6,082
section, the chief shall determine whether the plugging would 6,083
comply with the applicable requirements of this chapter and 6,084
applicable rules adopted and orders issued under it and whether 6,085
the cost of the plugging under the proposed contract is 6,086
reasonable. If the chief determines that the proposed plugging 6,088
would comply with those requirements and that the proposed cost 6,089
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 6,090
permit to plug and abandon the well under section 1509.13 of the 6,091
141
Revised Code. Upon approval of the application and proposed 6,093
contract, the chief shall transfer ownership of the equipment 6,094
appurtenant to the well to the landowner. The chief may 6,095
disapprove an application submitted under division (D)(2)(a) of 6,097
this section if the chief determines that the proposed plugging 6,098
would not comply with the applicable requirements of this chapter 6,099
and applicable rules adopted and orders issued under it, that the 6,100
cost of the plugging under the proposed contract is unreasonable, 6,101
or that the proposed contract is not a bona fide, arms length 6,102
contract.
(c) After receiving the chief's notice of the approval of 6,105
the application and permit to plug and abandon a well under 6,106
division (D)(2)(b) of this section, the landowner shall enter 6,107
into the proposed contract to plug the well. The plugging shall 6,108
be completed within one hundred eight days after the landowner 6,109
receives the notice of approval and permit. 6,110
(d) Upon determining that the plugging has been completed 6,113
within the time required by division (D)(2)(c) of this section 6,115
and has been completed in compliance with the applicable 6,116
requirements of this chapter and applicable rules adopted and 6,117
orders issued under it, the chief shall reimburse the landowner 6,118
for the cost of the plugging as set forth in the proposed 6,119
contract approved by the chief. The reimbursement shall be paid 6,120
from the oil and gas well plugging fund. If the chief determines 6,121
that the plugging was not completed within the required time or 6,122
was not completed in accordance with the applicable requirements, 6,123
the chief shall not reimburse the landowner for the cost of the 6,124
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 6,126
possession of the equipment appurtenant to the well that 6,128
previously was transferred to the landowner under division 6,129
(D)(2)(b) of this section. If any such equipment was removed 6,130
from the well during the plugging and sold, the landowner shall 6,131
pay to the chief the proceeds from the sale of the equipment, and 6,132
142
the chief promptly shall pay the moneys so received to the 6,133
treasurer of state for deposit into the oil and gas well plugging 6,134
fund.
The chief may establish an annual limit on the number of 6,136
wells that may be plugged under division (D)(2) of this section 6,138
or an annual limit on the expenditures to be made under that 6,139
division.
As used in division (D)(2) of this section, "plug" and 6,143
"plugging" include the plugging of the well and the restoration 6,144
of the land surface disturbed by the plugging.
(E) Expenditures from the OIL AND GAS WELL fund for the 6,146
purpose of division (B)(2) of this section may be made pursuant 6,148
to contracts entered into by the chief with persons who agree to 6,149
furnish all of the materials, equipment, work, and labor as 6,150
specified and provided in such a contract. The competitive
bidding requirements of Chapter 153. of the Revised Code do not 6,151
apply if the chief reasonably determines that correction of the 6,152
applicable health or safety risk requires immediate action. The 6,153
chief, designated representatives of the chief, and agents or 6,154
employees of persons contracting with the chief under this 6,155
division may enter upon any land, public or private, for the 6,156
purpose of performing the work. 6,157
(F) Contracts entered into by the chief under this section 6,160
are not subject to either of the following: 6,161
(1) Chapter 4115. of the Revised Code; 6,163
(2) Section 153.54 of the Revised Code, except that the 6,166
contractor shall obtain and provide to the chief as a bid 6,167
guaranty a surety bond or letter of credit in an amount equal to 6,168
ten per cent of the amount of the contract. 6,169
(G) The owner of land on which a well is located who has 6,172
received notice under division (C)(1)(b) of this section, in lieu 6,175
of plugging the well in accordance with division (D)(2) of this 6,176
section, may cause ownership of the well to be transferred to an 6,177
owner who is lawfully doing business in this state and who has 6,178
143
met the financial responsibility requirements established under 6,179
section 1509.07 of the Revised Code, subject to the approval of 6,182
the chief. The transfer of ownership also shall be subject to 6,183
the landowner's filing the appropriate forms required under this 6,184
chapter and providing to the chief sufficient information to 6,185
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 6,186
lease, or other documentation of ownership or property rights. 6,188
The chief shall approve or disapprove the transfer of 6,190
ownership of the well. If the chief approves the transfer, the 6,191
owner is responsible for operating the well in accordance with 6,192
this chapter and rules adopted under it, including, without 6,193
limitation, all of the following: 6,194
(1) Filing an application with the chief under section 6,196
1509.06 of the Revised Code if the owner intends to drill deeper 6,199
or produce a formation that is not listed in the records of the 6,200
division for that well;
(2) Taking title to and possession of the equipment 6,202
appurtenant to the well that has been identified by the chief as 6,203
having been abandoned by the former owner; 6,204
(3) Complying with all applicable requirements that are 6,207
necessary to drill deeper, plug the well, or plug back the well. 6,208
Sec. 1513.30. There is hereby created in the state 6,217
treasury the unreclaimed lands fund, to be administered by the 6,218
chief of the division of mines and reclamation and used for the 6,219
purpose of reclaiming land, public or private, affected by 6,220
mining, or controlling mine drainage, for which no cash is held 6,221
in the reclamation forfeiture fund created in section 1513.18 of 6,222
the Revised Code or the surface mining reclamation fund created 6,224
in section 1514.06 of the Revised Code, and also for the purpose 6,225
of paying the expenses and compensation of the council on 6,226
unreclaimed strip mined lands as required by section 1513.29 of 6,227
the Revised Code.
In order to direct expenditures from the unreclaimed lands 6,229
144
fund toward reclamation projects that fulfill priority needs and 6,230
provide the greatest public benefits, the chief periodically 6,232
shall submit to the council project proposals to be financed from 6,233
the unreclaimed lands fund, together with benefit and cost data 6,234
and other pertinent information. For the purpose of selecting 6,235
project areas and determining the boundaries of project areas, 6,236
the council shall consider the feasibility, cost, and public 6,237
benefits of reclaiming the areas, their potential for being 6,238
mined, the availability of federal or other financial assistance 6,239
for reclamation, and the geographic distribution of project areas 6,240
to ensure fair distribution among affected areas. 6,241
The council shall give priority to areas where there is 6,243
little or no likelihood of mining within the foreseeable future, 6,246
reclamation is feasible at reasonable cost with available funds, 6,247
and either of the following applies:
(A) The pollution of the waters of the state and damage to 6,249
adjacent property are most severe and widespread; 6,250
(B) Reclamation will make possible public uses for soil, 6,252
water, forest, or wildlife conservation or public recreation 6,253
purposes, will facilitate orderly commercial or industrial site 6,254
development, or will facilitate the use or improve the enjoyment 6,255
of nearby public conservation or recreation lands. 6,256
At least two weeks before any meeting of the council on 6,258
unreclaimed strip mined lands at which the chief will submit a 6,259
project proposal, a project area will be selected, or the 6,260
boundaries of a project area will be determined, the chief shall 6,261
mail notice by first class mail to the board of county 6,262
commissioners of the county and the board of township trustees of 6,263
the township in which the proposed project lies and the chief 6,264
executive and the legislative authority of each municipal 6,265
corporation within the proposed project area. The chief also 6,267
shall give reasonable notice to the news media in the county
where the proposed project lies. 6,268
Expenditures from the unreclaimed lands fund for 6,270
145
reclamation projects may be made only for projects that are 6,271
within the boundaries of project areas approved by the council, 6,272
and expenditures for a particular project may not exceed any 6,273
applicable limits set by the council. Expenditures from the 6,274
unreclaimed lands fund shall be made by the chief, with the 6,275
approval of the director of natural resources. 6,276
The controlling board may transfer excess funds from the 6,278
oil and gas well plugging fund CREATED IN SECTION 1509.02 OF THE 6,279
REVISED CODE, after recommendation by the council on unreclaimed 6,281
strip mined lands, to meet deficiencies in the unreclaimed lands 6,282
fund.
The chief may expend an amount not to exceed twenty per 6,284
cent of the moneys credited annually by the treasurer of state to 6,285
the unreclaimed lands fund for the purpose of administering the 6,286
unreclaimed lands fund. 6,287
The chief may engage in cooperative projects under this 6,289
section with any agency of the United States, appropriate state 6,290
agencies, or state universities or colleges as defined in section 6,291
3345.27 of the Revised Code and may transfer money from the fund, 6,293
with the approval of the council, to other appropriate state 6,294
agencies or to state universities or colleges in order to carry 6,295
out the reclamation activities authorized by this section.
Sec. 1515.091. (A) As used in this section: 6,304
(1) "Receiving employee" means an employee of a soil and 6,306
water conservation district who receives donated sick leave as 6,307
authorized by this section.
(2) "Donating employee" means an employee of a soil and 6,309
water conservation district who donates sick leave as authorized 6,310
by this section. 6,311
(3) "Paid leave" has the same meaning as in section 6,313
124.391 of the Revised Code. 6,314
(4) "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 6,317
WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF SERVICE FOR 6,318
THE DISTRICT TOTAL FORTY HOURS PER WEEK OR WHO RENDERS ANY OTHER 6,319
146
STANDARD OF SERVICE ACCEPTED AS FULL-TIME BY THE DISTRICT. 6,320
(5) "FULL-TIME LIMITED HOURS EMPLOYEE" MEANS AN EMPLOYEE 6,322
OF A SOIL AND WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF 6,323
SERVICE FOR THE DISTRICT TOTAL TWENTY-FIVE TO THIRTY-NINE HOURS 6,324
PER WEEK OR WHO RENDERS ANY OTHER STANDARD OF SERVICE ACCEPTED AS 6,325
FULL-TIME LIMITED HOURS BY THE DISTRICT.
(B)(1) An employee of a soil and water conservation 6,328
district is eligible to become a receiving employee if the 6,329
employee is a full-time, regular employee, OR A FULL-TIME LIMITED 6,330
HOURS EMPLOYEE, who has completed the prescribed probationary 6,331
period, has used up all accrued paid leave, and has been placed 6,332
on an approved, unpaid, medical-related leave of absence for a 6,333
period of at least thirty CONSECUTIVE working days because of the 6,334
employee's own serious illness or because of a serious illness of 6,336
a member of the employee's immediate family. 6,337
(2) An employee who desires to become a receiving employee 6,340
shall submit to the board of supervisors of the employing soil 6,341
and water conservation district, along with a satisfactory 6,342
physician's certification, a written request for donated sick 6,343
leave. The board of supervisors shall determine whether the 6,344
employee is eligible to become a receiving employee, and shall 6,346
approve the request if it determines the employee is eligible. 6,347
(C)(1) A board of supervisors that approves a request for 6,350
an employee to become a receiving employee shall forward the 6,351
approved application to a committee that the Ohio association of 6,353
soil and water conservation district employees shall appoint to 6,354
act as a clearinghouse for the donation of sick leave under this 6,355
section. The committee shall post notice for not less than ten 6,356
days informing all employees of soil and water conservation 6,357
districts throughout the state that it has received an approved 6,358
application to become a receiving employee.
(2) A soil and water conservation district employee 6,360
desiring to become a donating employee shall complete and submit 6,361
a sick leave donation form to the employee's immediate supervisor 6,363
147
within twenty days after the date of the initial posting of the
notice described in division (C)(1) of this section. If the 6,364
board of supervisors of the employing district of an employee 6,366
desiring to become a donating employee approves the sick leave 6,367
donation, the board shall forward to the committee, together with 6,368
a check equal to the total value of the sick leave donation, a 6,369
copy of the sick leave donation form, and the board shall notify 6,370
the receiving employee regarding the donation. 6,371
(D) If the committee described in division (C)(1) of this 6,374
section receives a sick leave donation form and a check from a 6,375
board of supervisors, the committee shall deposit the check into 6,376
an account that it shall establish to be used to dispense funds 6,377
to the employing district of a receiving employee. The committee 6,378
shall notify the board of supervisors of the employing district 6,379
of a receiving employee of the amount of sick leave donated. The 6,381
board of supervisors shall bill the committee during each pay 6,382
period for the receiving employee's gross hourly wages in an 6,383
amount that does not exceed the amount donated to the receiving 6,384
employee. The board of supervisors, with the approval of the 6,385
county auditor, shall provide for the deposit into its 6,386
appropriate payroll account of any payments it receives for the 6,387
benefit of a receiving employee.
(E) The donation and receipt of sick leave under this 6,390
section is subject to all of the following: 6,391
(1) All donations of sick leave shall be voluntary. 6,394
(2) A donating employee is eligible to donate not less 6,396
than eight hours and not more than eighty hours of sick leave 6,397
during the same calendar year. 6,398
(3) The value of an hour of sick leave donated is the 6,400
value of the donating employee's gross hourly wage. The number 6,401
of hours received by a receiving employee from a donating 6,402
employee shall be a number that, when multiplied by the receiving 6,404
employee's gross hourly wage, equals the amount resulting when 6,405
the donating employee's gross hourly wage is multiplied by the 6,406
148
number of hours of sick leave donated.
(4) No paid leave shall accrue to a receiving employee for 6,409
any compensation received through donated sick leave, and the
receipt of donated sick leave does not affect the date on which a 6,411
receiving employee first qualifies for continuation of health
insurance coverage. 6,412
(5) If a receiving employee does not use all donated sick 6,414
leave during the period of the employee's leave of absence, the 6,415
unused balance shall be returned, within three months after the 6,416
end of the leave of absence and on a prorated basis, to each 6,417
donating employee who donated sick leave to the receiving 6,418
employee REMAIN IN THE ACCOUNT THAT THE COMMITTEE DESCRIBED IN 6,419
DIVISION (C)(1) OF THIS SECTION ESTABLISHED UNDER DIVISION (D) OF 6,420
THIS SECTION AND SHALL BE USED TO DISPENSE FUNDS IN THE FUTURE TO 6,421
THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. 6,422
Sec. 1521.04. The chief of the division of water, with the 6,431
approval of the director of natural resources, may make loans and 6,432
grants from the water management fund created in section 1501.32 6,433
of the Revised Code to governmental agencies for water 6,434
management, water supply improvements, and planning and may 6,435
administer grants from the federal government and from other 6,436
public or private sources for carrying out those functions and 6,437
for the performance of any acts that may be required by the 6,438
United States or by any agency or department thereof as a 6,439
condition for the participation by any governmental agency in any 6,440
federal financial or technical assistance program. Direct and 6,441
indirect costs of administration may be paid from the water 6,442
management fund. 6,443
The chief may use the water management fund to acquire, 6,445
construct, reconstruct, improve, equip, maintain, operate, and 6,446
dispose of water management improvements. He THE CHIEF may fix, 6,447
alter, charge, and collect rates, fees, rentals, and other 6,449
charges to be paid into the water management fund by governmental 6,450
agencies and persons who are supplied with water by facilities 6,451
149
constructed or operated by the department of natural resources in 6,452
order to amortize and defray the cost of the construction, 6,453
maintenance, and operation of those facilities. This section 6,454
does not apply to the Burr Oak water system administered by the 6,455
chief engineer of the department of natural resources under 6,456
Chapter 1507. SECTIONS 1507.01 AND 1507.12 of the Revised Code. 6,457
Sec. 2151.36. (A) When a child has been committed as 6,467
provided by this chapter, the juvenile court shall issue an order 6,469
pursuant to sections 3113.21 to 3113.219 of the Revised Code 6,470
requiring that the parent, guardian, or person charged with the 6,471
child's support pay for the care, support, maintenance, and 6,472
education of the child. The juvenile court shall order that the 6,473
parents, guardian, or person pay for the expenses involved in 6,475
providing orthopedic, medical, or surgical treatment for, or for 6,476
special care of, the child, enter a judgment for the amount due, 6,477
and enforce the judgment by execution as in the court of common 6,478
pleas.
Any expenses incurred for the care, support, maintenance, 6,480
education, orthopedic, medical, or surgical treatment, and 6,482
special care of a child who has a legal settlement in another 6,483
county shall be at the expense of the county of legal settlement 6,484
if the consent of the juvenile judge of the county of legal 6,485
settlement is first obtained. When the consent is obtained, the 6,486
board of county commissioners of the county in which the child 6,487
has a legal settlement shall reimburse the committing court for 6,488
the expenses out of its general fund. If the department of human 6,489
services considers it to be in the best interest of any 6,490
delinquent, dependent, unruly, abused, or neglected child who has 6,491
a legal settlement in a foreign state or country that the child 6,492
be returned to the state or country of legal settlement, the 6,493
juvenile court may commit the child to the department for the 6,494
child's return to that state or country. 6,495
Any expenses ordered by the court for the care, support, 6,498
maintenance, education, orthopedic, medical, or surgical
150
treatment, or special care of a dependent, neglected, abused, 6,500
unruly, or delinquent child or of a juvenile traffic offender
under this chapter, except the part of the expense that may be 6,502
paid by the state or federal government or paid by the parents, 6,504
guardians, or person charged with the child's support pursuant to 6,505
this section, shall be paid from the county treasury upon 6,506
specifically itemized vouchers, certified to by the judge. The 6,507
court shall not be responsible for any expenses resulting from 6,509
the commitment of children to any home, public children services 6,510
agency, private child placing agency, or other institution, 6,511
association, or agency, unless the court authorized the expenses 6,514
at the time of commitment.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL PAY EIGHTY PER 6,516
CENT OF THE ANNUAL COST IN EXCESS OF TWELVE THOUSAND DOLLARS OF A 6,517
CHILD'S PLACEMENT IN A TREATMENT FOSTER HOME IN ACCORDANCE WITH 6,518
AN ORDER OF A JUVENILE JUDGE PURSUANT TO THIS CHAPTER. 6,519
Sec. 2305.232. (A) No person who gives aid or advice in 6,528
an emergency situation relating to the prevention of an imminent 6,529
release of hazardous material, to the clean-up or disposal of 6,530
hazardous material that has been released, or to the related 6,531
mitigation of the effects of a release of hazardous material, nor 6,532
the public or private employer of such a person, is liable in 6,533
civil damages as a result of the aid or advice if all of the 6,534
following apply: 6,535
(1) The aid or advice was given at the request of: 6,537
(a) A sheriff, the chief of police or other chief officer 6,539
of the law enforcement agency of a municipal corporation, the 6,540
chief of police of a township police district, the chief of a 6,541
fire department, the state fire marshal, the director of 6,542
environmental protection, the chairman CHAIRPERSON of the public 6,543
utilities commission, the superintendent of the state highway 6,545
patrol, the state EXECUTIVE director of the emergency management 6,546
agency, the chief executive of a municipal corporation, or the 6,548
authorized representative of any such official, or the 6,549
151
legislative authority of a township or county; or 6,550
(b) The owner or manufacturer of the hazardous material, 6,552
an association of manufacturers of the hazardous material, or a 6,553
hazardous material mutual aid group;. 6,554
(2) The person giving the aid or advice acted without 6,556
anticipating remuneration for himself SELF or his THE PERSON'S 6,558
employer from the governmental official, authority, or agency 6,559
that requested the aid or advice; 6,560
(3) The person giving the aid or advice was specially 6,562
qualified by training or experience to give the aid or advice; 6,563
(4) Neither the person giving the aid or advice nor the 6,565
public or private employer of the person giving the aid or advice 6,566
was responsible for causing the release or threat of release nor 6,567
would otherwise be liable for damages caused by the release; 6,568
(5) The person giving the aid or advice did not engage in 6,570
willful, wanton, or reckless misconduct or grossly negligent 6,571
conduct in giving the aid or advice; 6,572
(6) The person giving the aid or advice notified the 6,574
emergency response section of the environmental protection agency 6,575
prior to giving the aid or advice. 6,576
(B) The immunity conferred by this section does not limit 6,578
the liability of any person whose action caused or contributed to 6,579
the release of hazardous material. That person is liable for any 6,580
enhancement of damages caused by the person giving aid or advice 6,581
under this section unless the enhancement of damages was caused 6,582
by the willful, wanton, or reckless misconduct or grossly 6,583
negligent conduct of the person giving aid or advice. 6,584
(C) This section does not apply to any person rendering 6,586
care, assistance, or advice in response to a discharge of oil 6,587
when that person's immunity from liability is subject to 6,588
determination under section 2305.39 of the Revised Code.
(D) As used in this section: 6,590
(1) "Hazardous material" means any material designated as 6,592
such under the "Hazardous Materials Transportation Act," 88 Stat. 6,593
152
2156 (1975), 49 U.S.C.A. 1803, as amended. 6,594
(2) "Mutual aid group" means any group formed at the 6,596
federal, state, regional, or local level whose members agree to 6,597
respond to incidents involving hazardous material whether or not 6,598
they shipped, transported, manufactured, or were at all connected 6,599
with the hazardous material involved in a particular incident. 6,600
(3) "Discharge" and "oil" have the same meanings as in 6,602
section 2305.39 of the Revised Code. 6,603
Sec. 2949.17. (A) The sheriff may take one guard for 6,612
every two convicted felons to be transported to a correctional 6,614
institution. The trial judge may authorize a larger number of 6,615
guards upon written application of the sheriff, in which case a 6,616
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, 6,617
and the sheriff shall deliver the order with the convict to the 6,618
person in charge of the correctional institution. In 6,619
(B) IN order to obtain reimbursement for the county for 6,622
the expenses of transportation for indigent convicted felons, the
clerk of the court of common pleas shall prepare a transportation 6,623
cost bill for each indigent convicted felon transported pursuant 6,624
to this section for an amount equal to ten cents a mile from the 6,625
county seat to the state correctional institution and return for 6,626
the sheriff and each of the guards and five cents a mile from the 6,627
county seat to the state correctional institution for each
prisoner. The number of miles shall be computed by the usual 6,628
route of travel. THE CLERK'S DUTIES UNDER THIS DIVISION ARE 6,629
SUBJECT TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE. 6,630
Sec. 2949.19. The (A) SUBJECT TO DIVISION (B) OF THIS 6,640
SECTION, THE clerk of the court of common pleas shall report to 6,641
the state public defender all cases in which an indigent person 6,642
was convicted of a felony, all cases in which reimbursement is 6,643
required by section 2949.20 of the Revised Code, and all cost 6,644
bills for transportation that are prepared pursuant to section 6,645
2949.17 of the Revised Code. The reports shall be filed for each 6,646
153
fiscal quarter within thirty days after the end of the quarter on 6,647
a form prescribed by the state public defender and shall be 6,648
accompanied by a certification of a judge of the court that in 6,649
all cases listed in the report the defendant was determined to be 6,650
indigent and convicted of a felony or that the case is reported 6,651
pursuant to section 2949.20 of the Revised Code and that for each 6,652
transportation cost bill submitted pursuant to section 2949.17 of 6,653
the Revised Code that the convicted felon was determined to be 6,654
indigent. The state public defender shall review the reports 6,655
RECEIVED UNDER THIS DIVISION and prepare a transportation cost 6,656
voucher and a quarterly subsidy voucher for each county for the 6,657
amounts he THE STATE PUBLIC DEFENDER finds to be correct. To 6,659
compute the quarterly subsidy, the state public defender first 6,660
shall subtract the total of all transportation cost vouchers that 6,661
he THE STATE PUBLIC DEFENDER approves for payment for the quarter 6,663
from one-fourth of his THE STATE PUBLIC DEFENDER'S total
appropriation for criminal costs subsidy for the fiscal year of 6,665
which the quarter is part. He THE STATE PUBLIC DEFENDER then 6,666
shall compute a base subsidy amount per case by dividing the 6,668
remainder by the total number of cases from all counties he THE
STATE PUBLIC DEFENDER approves for subsidy for the quarter. The 6,670
quarterly subsidy voucher for each county shall then be the 6,671
product of the base subsidy amount times the number of cases 6,672
submitted by the county and approved for subsidy for the quarter. 6,673
Payment shall be made to the clerk. 6,674
The clerk shall keep a record of all cases submitted for 6,676
the subsidy in which the defendant was bound over to the court of 6,677
common pleas from the municipal court. Upon receipt of the 6,678
quarterly subsidy, the clerk shall pay to the clerk of the 6,679
municipal court, for municipal court costs in such cases, an 6,680
amount that does not exceed fifteen dollars per case, shall pay 6,681
foreign sheriffs for their services, and shall deposit the 6,682
remainder of the subsidy to the credit of the general fund of the 6,683
county. The clerk of the court of common pleas then shall stamp 6,684
154
his THE CLERK'S records "subsidy costs satisfied." 6,685
(B) IF NOTIFIED BY THE STATE PUBLIC DEFENDER UNDER SECTION 6,687
2949.201 OF THE REVISED CODE THAT, FOR A SPECIFIED STATE FISCAL 6,688
YEAR, THE GENERAL ASSEMBLY HAS NOT APPROPRIATED FUNDING FOR 6,689
REIMBURSEMENT PAYMENTS PURSUANT TO DIVISION (A) OF THIS SECTION, 6,690
THE CLERK OF THE COURT OF COMMON PLEAS IS EXEMPT FOR THAT STATE 6,691
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE CLERK BY DIVISION 6,692
(A) OF THIS SECTION AND BY SECTIONS 2949.17 AND 2949.20 OF THE
REVISED CODE. UPON PROVIDING THE NOTICE DESCRIBED IN THIS 6,693
DIVISION, THE STATE PUBLIC DEFENDER IS EXEMPT FOR THAT STATE 6,694
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE STATE PUBLIC 6,695
DEFENDER BY DIVISION (A) OF THIS SECTION. 6,696
Sec. 2949.20. In any case of final judgment of reversal as 6,705
provided in section 2953.07 of the Revised Code, whenever the 6,706
state of Ohio is the appellee, the clerk of the court of common 6,707
pleas of the county in which sentence was imposed shall certify 6,708
the case to the state public defender for reimbursement in the 6,709
report required by section 2949.19 of the Revised Code, SUBJECT 6,710
TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE.
Sec. 2949.201. On or before the first day of February of 6,719
even-numbered years THE THIRTY-FIRST DAY OF JULY OF EACH STATE 6,720
FISCAL YEAR, the state public defender shall report to the 6,722
speaker and minority leader of the house of representatives, the 6,724
president and minority leader of the senate, the office of budget 6,725
and management, and the legislative budget office of the 6,726
legislative service commission an estimate of the amount of money 6,727
that will be required for the next fiscal biennium to make the 6,728
NOTIFY THE CLERK OF THE COURT OF COMMON PLEAS OF EACH COUNTY 6,729
WHETHER THE GENERAL ASSEMBLY HAS, OR HAS NOT, APPROPRIATED 6,730
FUNDING FOR THAT STATE FISCAL YEAR FOR REIMBURSEMENT payments
required by PURSUANT TO DIVISION (A) OF section 2949.19 of the 6,732
Revised Code.
Sec. 3109.17. (A) For each fiscal biennium beginning on 6,742
the first day of July of each odd-numbered year, the children's
155
trust fund board shall establish a biennial state plan for the 6,743
allocation of funds in the children's trust fund. The plan shall 6,744
ensure that equal opportunity exists for the establishment of 6,745
child abuse and child neglect prevention programs and the use of 6,746
moneys from the fund to provide assistance in all geographic 6,747
areas of this state and to provide assistance to members of all 6,748
social and economic groups of this state. The plan shall be 6,749
transmitted to the governor, the president of the senate, and the 6,750
speaker of the house of representatives and shall be made 6,751
available to the general public. 6,752
(B) In developing and carrying out a plan, the children's 6,754
trust fund board shall, in accordance with Chapter 119. of the 6,755
Revised Code, do all of the following: 6,756
(1) Develop and adopt the state plan for the allocation of 6,758
funds and develop criteria, including standards for cost and 6,759
program effectiveness, for county or district allocation plans 6,761
and for individual projects in counties or districts that do not 6,762
have a child abuse and child neglect advisory board;
(2) Establish criteria, including standards for cost and 6,764
program effectiveness, for child abuse and child neglect 6,765
prevention programs; 6,766
(3)(2) Make grants A BLOCK GRANT to public or private 6,770
agencies or schools EACH CHILD ABUSE AND CHILD NEGLECT ADVISORY
BOARD for the purpose of child abuse and child neglect prevention 6,772
programs. The CHILDREN'S TRUST FUND board may consider factors 6,773
such as need, geographic location, diversity, coordination with 6,775
or improvement of existing services, maintenance of local funding 6,776
efforts, and extensive use of volunteers. Children's trust fund 6,777
moneys shall be allocated among all counties THAT HAVE 6,778
ESTABLISHED CHILD ABUSE AND NEGLECT ADVISORY BOARDS. THE 6,779
ALLOCATION SHALL BE according to a formula based on the ratio of 6,781
the number of children under the age of eighteen in the county to 6,782
the number of children under the age of eighteen in the state, as 6,783
shown in the most recent federal decennial census of population; 6,784
156
provided, that each county receiving trust fund moneys shall 6,785
receive a minimum of ten thousand dollars per funding year. 6,786
(4)(3) Approve each county or district allocation plan and 6,788
individual project in whole or in part if it THAT is in 6,789
compliance with the criteria established under this section and 6,791
under section 3109.18 of the Revised Code. If an allocation plan 6,792
or individual project is rejected in whole or in part, the board 6,793
shall: 6,794
(a) Cite specific reasons for rejection; 6,796
(b) When appropriate, offer recommendations and technical 6,798
assistance to bring the plan or project into compliance, holding 6,799
the funds until the plan or project is finally approved or 6,802
rejected.
(5)(4) Notify each advisory board or individual applicant 6,805
in writing whether the allocation plan or individual project has 6,806
been approved in whole or in part not later than sixty days after 6,807
submission of the plan or project to the children's trust fund 6,808
board; 6,809
(6)(5) Regularly review and monitor the expenditure of 6,811
moneys from the children's trust fund; 6,812
(7)(6) Consult with appropriate state agencies to help 6,814
determine the probable effectiveness and fiscal soundness of and 6,815
need for proposed community-based child abuse and child neglect 6,816
prevention programs; 6,817
(8)(7) Facilitate the exchange of information between 6,819
groups concerned with programs for children in this state; 6,820
(9)(8) Provide for statewide educational and public 6,822
informational conferences and workshops for the purpose of 6,823
developing appropriate public awareness regarding the problems of 6,824
families and children, encouraging professional persons and 6,825
groups to recognize and deal with problems of families and 6,826
children, making information regarding the problems of families 6,827
and children and the prevention of these problems available to 6,828
the general public in order to encourage citizens to become 6,829
157
involved in the prevention of such problems, and encouraging the 6,830
development of community prevention programs; 6,831
(10)(9) Establish a procedure for a written annual 6,833
internal evaluation of the functions, responsibilities, and 6,834
performance of the board. The evaluation shall be coordinated 6,835
with the state plan. The evaluation shall be transmitted to the 6,836
governor, the president of the senate, and the speaker of the 6,837
house of representatives and shall be made available to the 6,838
general public. 6,839
Sec. 3109.18. (A) Each A board of county commissioners in 6,848
the following counties shall establish a child abuse and child 6,849
neglect advisory board: Cuyahoga, Franklin, Hamilton, Lucas, 6,850
Montgomery, and Summit. The boards of county commissioners of 6,852
the remaining counties may establish a child abuse and child 6,853
neglect advisory board or the MAY DESIGNATE THE COUNTY FAMILY AND 6,854
CHILDREN FIRST COUNCIL TO SERVE AS THE CHILD ABUSE AND CHILD 6,855
NEGLECT ADVISORY BOARD. THE boards of county commissioners of 6,856
two or more contiguous counties may form a multicounty district 6,857
to be served by a multicounty child abuse and child neglect 6,858
advisory board OR MAY DESIGNATE A REGIONAL FAMILY AND CHILDREN 6,859
FIRST COUNCIL TO SERVE AS THE MULTICOUNTY CHILD ABUSE AND CHILD 6,860
NEGLECT ADVISORY BOARD. 6,861
Each (B) EXCEPT IN THE CASE OF A COUNTY OR REGIONAL FAMILY 6,863
AND CHILDREN FIRST COUNCIL THAT IS DESIGNATED TO SERVE AS A child 6,865
abuse and child neglect advisory board, EACH ADVISORY BOARD shall 6,866
consist of an odd number of members who represent both public and 6,867
private child serving agencies, and persons with demonstrated 6,868
knowledge in programs for children, such as persons from the 6,869
educational community, parent groups, juvenile justice, and the 6,870
medical community. Of the members first appointed, at least one 6,871
shall serve for a term of three years, at least one for a term of 6,872
two years, and at least one for a term of one year. Thereafter, 6,873
each member shall serve a term of three years. Each member shall 6,874
serve until his THE MEMBER'S successor is appointed. All 6,875
158
vacancies on the board shall be filled for the balance of the 6,877
unexpired term in the same manner as the original appointment. 6,878
Each board shall meet at least quarterly. 6,879
(C) Each board of county commissioners may incur 6,881
reasonable costs not to exceed three per cent of the funding 6,882
allocated to the county or district under section 3109.17 of the 6,883
Revised Code, for the purpose of carrying out the functions of 6,884
the advisory board. 6,885
(B) Annually, each (D) EACH child abuse and child neglect 6,888
advisory board shall DO ALL OF THE FOLLOWING EVERY TWO YEARS: 6,889
(1) Give effective public notice to all potential 6,891
applicants about the availability of funds from the children's 6,892
trust fund. The notification shall include an estimate of the 6,893
amount of money available for grants within each county or 6,894
district, the date of at least one public hearing, the deadline 6,895
for submitting applications for grants, and information on 6,896
obtaining a copy of the application form; 6,897
(2) Review all applications received using criteria 6,899
established by the children's trust fund board under section 6,900
3109.17 of the Revised Code and any criteria developed by the 6,901
child abuse and child neglect advisory board, and develop an 6,902
allocation plan for the county or district; 6,903
(3) Submit the allocation plan to the children's trust 6,905
fund board, with evidence of compliance with this section and 6,906
with section 3109.17 of the Revised Code; 6,907
(4) Upon notification by the children's trust fund board 6,909
that the allocation plan is in compliance with the criteria 6,910
established by the boards, MAKE GRANTS FOR THE PURPOSE OF CHILD 6,911
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS AND monitor the 6,912
operation of the allocation plan; 6,913
(5) Establish procedures for evaluating programs in the 6,915
county or district, including reporting requirements for grant 6,916
recipients. 6,917
Applicants from counties that are not served by a child 6,919
159
abuse and child neglect advisory board shall apply for funding to 6,920
the children's trust fund board. 6,921
(C)(E) A recipient of a grant from the children's trust 6,923
fund shall use the grant funds only to fund child abuse and child 6,924
neglect prevention programs. A recipient of a grant may use the 6,925
grant funds only for the expansion of existing programs or the 6,926
creation of new programs. 6,927
Any grant funds that are not spent by the counties or the 6,929
recipient of the funds within the time specified by the terms of 6,930
the grant shall be returned to the treasurer of state COUNTY OR 6,931
DISTRICT ADVISORY BOARD. ANY GRANT FUNDS RETURNED THAT ARE NOT 6,932
REDISTRIBUTED BY THE ADVISORY BOARD WITHIN THE TIME SPECIFIED BY 6,933
THE TERMS OF THE ORIGINAL GRANT SHALL BE RETURNED TO THE 6,934
TREASURER OF STATE. The treasurer of state shall deposit such 6,935
unspent moneys into the children's trust fund to be spent for 6,936
purposes consistent with the state plan adopted under section 6,937
3109.17 of the Revised Code.
(D)(F) Applications for grants from the children's trust 6,939
fund shall be MADE TO A COUNTY OR DISTRICT ADVISORY BOARD on 6,940
forms prescribed by the department of human services and, after 6,942
any review required by division (B) of this section, shall be 6,943
submitted to the children's trust fund board by the date required 6,944
in the schedule established by rules adopted by the board. Each 6,945
application shall include at least the following:
(1) Information showing that the applicant meets the 6,947
eligibility requirements of section 3109.17 of the Revised Code; 6,948
(2) If the applicant is a corporation, a list of the 6,950
trustees of the corporation; 6,951
(3)(2) A specification of the amount of money requested; 6,953
(4)(3) A summary of the program that the applicant intends 6,955
to provide with funds from the grant; 6,956
(5)(4) Any other information required by rules adopted by 6,958
the children's trust fund board. 6,959
(G)(1) Each recipient of a CHILDREN'S TRUST FUND grant 6,961
160
from the children's trust fund A COUNTY OR DISTRICT ADVISORY 6,962
BOARD shall file two copies A COPY of an annual report with the 6,963
county or district advisory board. If no such board serves the 6,965
recipient's county of residence, the recipient shall file two 6,966
copies of an annual report with the children's trust fund board. 6,967
The annual report shall describe the program provided by the 6,968
recipient, indicate the manner in which the grant funds were 6,969
expended, include the results of an independent audit of the 6,970
funds, and include other information that the granting board or 6,971
the department may require. If a public agency is a recipient of 6,972
a grant, the results of the most recent audit of the funds 6,973
conducted under Chapter 117. of the Revised Code shall be 6,974
considered to be the results of the independent audit of the 6,975
funds that must be included in the annual report. The granting 6,976
boards shall annually file one copy of each annual report with 6,978
the department, which shall compile the reports received pursuant 6,979
to this section. 6,980
(2) EACH COUNTY OR DISTRICT ADVISORY BOARD SHALL FILE 6,982
ANNUALLY WITH THE CHILDREN'S TRUST FUND BOARD A REPORT REGARDING 6,983
THE COUNTY OR DISTRICT ALLOCATION PLAN THAT CONTAINS THE 6,984
INFORMATION REQUIRED BY THE CHILDREN'S TRUST FUND BOARD. 6,985
Sec. 3701.261 3335.60. (A) The director of health ARTHUR 6,995
G. JAMES CANCER HOSPITAL AND RESEARCH INSTITUTE OF THE OHIO STATE 6,996
UNIVERSITY shall:
(1) Establish a population-based cancer registry, which 6,998
shall be known as the Ohio cancer incidence surveillance system, 7,000
to monitor the incidence of various types of malignant diseases 7,001
in Ohio, make appropriate epidemiologic studies to determine any 7,002
causal relations of such diseases with occupational, nutritional, 7,003
environmental, or infectious conditions, and alleviate or 7,004
eliminate any such conditions; 7,005
(2) Advise, consult, cooperate with, and assist, by 7,007
contract or otherwise, agencies of the state and federal 7,009
government, agencies of the governments of other states, agencies 7,010
161
of political subdivisions of this state, universities, private 7,011
organizations, corporations, and associations for the purposes of
division (A)(1) of this section; 7,012
(3) Accept and administer grants from the federal 7,014
government or other sources, public or private, for carrying out 7,016
any of the functions enumerated in divisions (A)(1) and (2) of 7,017
this section.
(B) The Ohio cancer incidence surveillance system shall 7,019
follow a model of cancer data collection as set forth by the 7,020
survey epidemiology and end results system (SEERS). 7,021
Sec. 3701.262 3335.61. (A) As used in this section and 7,030
section 3701.263 of the Revised Code: 7,032
(1) "Physician" means a person who holds a valid 7,034
certificate issued under Chapter 4731. of the Revised Code 7,035
authorizing him THE PERSON to practice medicine or surgery or 7,036
osteopathic medicine and surgery. 7,037
(2) "Dentist" means a person who is licensed under section 7,039
4715.12 or 4715.15 of the Revised Code to practice dentistry. 7,040
(3) "Hospital" has the same meaning as in section 3727.01 7,042
of the Revised Code. 7,043
(4) "Cancer" includes those diseases specified by rule of 7,045
the director of health under division (B)(2) of this section. 7,046
(B) The director of health ARTHUR G. JAMES CANCER HOSPITAL 7,049
AND RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall adopt 7,050
rules in accordance with Chapter 119. of the Revised Code to do 7,051
all of the following:
(1) Establish the Ohio cancer incidence surveillance 7,053
system required by section 3701.261 3335.60 of the Revised Code; 7,055
(2) Specify the types of cancer and other tumorous and 7,057
precancerous diseases to be reported to the department of health 7,058
under division (D) of this section; 7,059
(3) Establish reporting requirements for information 7,061
concerning diagnosed cancer cases as he THE CANCER HOSPITAL 7,062
considers necessary to conduct epidemiologic surveys of cancer in 7,064
162
this state;
(4) Establish standards that must be met by research 7,066
projects to be eligible to receive information from the 7,067
department of health under division (B) of section 3701.263 7,068
3335.62 of the Revised Code. 7,070
(C) The department of health CANCER HOSPITAL shall record 7,072
in the registry all reports of cancer received by it. In the 7,074
development and administration of the cancer registry, the 7,075
department CANCER HOSPITAL may use information compiled by public 7,077
or private cancer registries and may contract for the collection 7,078
and analysis of, and research related to, the information 7,079
recorded under this section.
(D) Each physician, dentist, hospital, or person providing 7,081
diagnostic or treatment services to patients with cancer shall 7,082
report each case of cancer to the department CANCER HOSPITAL. 7,083
Any person required to report pursuant to this section may elect 7,085
to report to the department CANCER HOSPITAL through an existing 7,086
cancer registry if the registry meets the reporting standards 7,088
established by the director and reports to the department CANCER 7,089
HOSPITAL.
(E) All physicians, dentists, hospitals, or persons 7,091
providing diagnostic or treatment services to patients with 7,092
cancer shall grant to the deparment CANCER HOSPITAL or its 7,093
authorized representative access to all records that identify 7,095
cases of cancer or establish characteristics of cancer, the 7,096
treatment of cancer, or the medical status of any identified 7,097
cancer patient.
(F) Within one year after the effective date of this 7,099
section, the department THE CANCER HOSPITAL shall evaluate the 7,101
cancer reports collected pursuant to this section. The
department CANCER HOSPITAL shall publish and make available to 7,102
the public reports summarizing the information collected. The 7,104
first summary report shall be published not later than ninety 7,105
days after the end of the first full calendar year ending after 7,106
163
the effective date of this section AMENDMENT. Subsequent annual 7,108
summary reports shall be made on a calendar year basis and 7,110
published not later than ninety days after the end of each 7,111
calendar year.
(G) Furnishing information, including records, reports, 7,113
statements, notes, memoranda, or other information, to the 7,114
department of health CANCER HOSPITAL, either voluntarily or as 7,115
required by this section, or to a person or governmental entity 7,117
designated as a medical research project by the department CANCER 7,118
HOSPITAL, does not subject a physician, dentist, hospital, or 7,120
person providing diagnostic or treatment services to patients 7,121
with cancer to liability in an action for damages or other relief 7,122
for furnishing the information. 7,123
(H) This section does not affect the authority of any 7,125
person or facility providing diagnostic or treatment services to 7,126
patients with cancer to maintain facility-based tumor registries, 7,127
in addition to complying with the reporting requirements of this 7,128
section. 7,129
(I) No person shall fail to make the cancer reports 7,131
required by division (D) of this section. 7,132
Sec. 3701.263 3335.62. (A) Any information, data, and 7,141
reports with respect to a case of malignant disease which are 7,143
furnished to, or procured by, any cancer registry in this state 7,144
or the department of health ARTHUR G. JAMES CANCER HOSPITAL AND 7,146
RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall be 7,147
confidential and shall be used only for statistical, scientific, 7,148
and medical research for the purpose of reducing the morbidity or 7,149
mortality of malignant disease. No physician, dentist, person, 7,150
or hospital furnishing such information, data, or report to any 7,151
such cancer registry or the department of health CANCER HOSPITAL, 7,152
with respect to a case of malignant disease treated or examined 7,154
by such physician, dentist, or person, or confined in such 7,155
hospital, shall by reason of such furnishing be deemed to have 7,156
violated any confidential relationship, or be held liable in 7,157
164
damages to any person, or be held to answer for willful betrayal 7,158
of a professional confidence within the meaning and intent of 7,159
section 4731.22 of the Revised Code.
(B) The department of health CANCER HOSPITAL shall 7,161
prescribe a release of confidential information form for use 7,163
under this division.
Information concerning individual cancer patients obtained 7,165
by the department of health CANCER HOSPITAL for the Ohio cancer 7,166
incidence surveillance system is for the confidential use of the 7,168
department CANCER HOSPITAL only, except as follows: 7,170
(1) The department CANCER HOSPITAL shall grant to a person 7,172
involved in a medical research project that meets the standards 7,174
established by the director of health CANCER HOSPITAL under 7,175
section 3701.262 3335.61 of the Revised Code access to 7,177
confidential information concerning individual cancer patients if 7,178
all of the following conditions are met:
(a) The person conducting the research provides written 7,180
information about the purpose of the research project, the nature 7,181
of the data to be collected and how the researcher intends to 7,182
analyze it, the records the researcher seeks to review, and the 7,183
safeguards the researcher will take to protect the identity of 7,184
patients whose records the researcher will be reviewing. 7,185
(b) In the view of the director of health CANCER HOSPITAL, 7,187
the proposed safeguards are adequate to protect the identity of 7,189
each patient whose records will be reviewed. 7,190
(c) An agreement is executed between the department CANCER 7,192
HOSPITAL and the researcher that specifies the terms of the 7,194
researcher's use of the records and prohibits the publication or 7,195
release of the names of individual cancer patients or any facts 7,196
tending to lead to the identification of individual cancer 7,197
patients.
(2) Notwithstanding division (B)(1) of this section, a 7,199
researcher may, with the approval of the department CANCER 7,200
HOSPITAL, use the names of individual cancer patients when 7,202
165
requesting additional information for research purposes or 7,203
soliciting a patient's participation in a research project. If a 7,204
researcher requests additional information or a cancer patient's 7,205
participation in a research project, the researcher shall first 7,206
obtain the oral or written consent of the patient's attending 7,207
physician. If the consent of the patient's attending physician 7,208
is obtained, the researcher shall obtain the patient's written 7,209
consent by having the patient complete a release of confidential 7,210
information form.
(3) The department CANCER HOSPITAL may release 7,212
confidential information concerning individual cancer patients to 7,214
physicians for diagnostic and treatment purposes if the patient's 7,215
attending physician gives oral or written consent to the release 7,216
of the information and the patient gives written consent by 7,217
completing a release of confidential information form. 7,218
(4) The department CANCER HOSPITAL may release 7,220
confidential information concerning individual cancer patients to 7,222
the cancer registry of another state, if the other state has 7,223
entered into a reciprocal agreement with the department CANCER 7,224
HOSPITAL and the agreement provides that the state will comply 7,226
with this section and that information identifying a patient will 7,227
not be released to any person without the written consent of the 7,228
patient.
(C) Nothing in this section prevents the release to any 7,230
person of epidemiological information that does not identify 7,231
individual cancer patients. 7,232
(D) No person shall fail to comply with the 7,234
confidentiality requirements of this section. 7,235
Sec. 3335.99. WHOEVER VIOLATES DIVISION (I) OF SECTION 7,237
3335.61 OR DIVISION (D) OF SECTION 3335.62 OF THE REVISED CODE IS 7,238
GUILTY OF A MINOR MISDEMEANOR ON A FIRST OFFENSE. ON EACH 7,239
SUBSEQUENT OFFENSE, THE PERSON IS GUILTY OF A MISDEMEANOR OF THE 7,240
FOURTH DEGREE.
Sec. 3353.06. (A) THE AFFILIATES SERVICES FUND IS HEREBY 7,242
166
CREATED IN THE STATE TREASURY. THE OHIO EDUCATIONAL 7,243
TELECOMMUNICATIONS NETWORK COMMISSION SHALL DEPOSIT ANY MONEY IT 7,244
RECEIVES TO THE CREDIT OF THE FUND, INCLUDING: 7,245
(1) REIMBURSEMENTS FOR SERVICES PROVIDED TO STATIONS; 7,247
(2) CHARGES LEVIED FOR MAINTENANCE OF TELECOMMUNICATIONS, 7,249
BROADCASTING, OR TRANSMISSION EQUIPMENT; 7,250
(3) CONTRACT OR GRANT PAYMENTS. 7,252
(B) THE COMMISSION SHALL USE MONEY CREDITED TO THE 7,254
AFFILIATES SERVICES FUND FOR ANY COMMISSION OPERATING PURPOSES, 7,255
INCLUDING:
(1) THE PURCHASE, REPAIR, OR MAINTENANCE OF 7,257
TELECOMMUNICATIONS, BROADCASTING, OR TRANSMISSION EQUIPMENT; 7,258
(2) THE PURCHASE OR LEASE OF EDUCATIONAL PROGRAMMING; 7,260
(3) THE PURCHASE OF TAPE AND MAINTENANCE OF A MEDIA 7,262
LIBRARY;
(4) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES; 7,264
(5) ADMINISTRATIVE EXPENSES AND LEGAL FEES. 7,266
Sec. 3375.90. Public libraries in two or more counties, or 7,275
four or more libraries, including two or more types, within a 7,277
metropolitan area, as defined by the state library board, may 7,278
form a regional library system by agreement in the manner set 7,280
forth in this section.
(A) The libraries authorized to form a regional library 7,283
system may include any of the following types of libraries: 7,285
academic, public, special, and school, including cooperative 7,286
ventures established by two or more school districts. For the 7,287
purposes of this section, such THOSE libraries may be serving the 7,288
general public, public or private schools, colleges or 7,289
universities, or a profession, occupation, or business. 7,290
An agreement for the formation of a regional library system 7,293
shall first be approved by the governing bodies of the 7,294
participating libraries. For the purposes of this section, the 7,295
"governing body of a library" means the board of trustees of a 7,297
public library, or the board of education of a public school or 7,298
167
school system if the library is a public school library, or 7,299
otherwise the board of trustees or directors or other recognized 7,300
governing board or committee of any private school, college, 7,301
university, association, or union, public or private, which 7,303
provides, controls, or maintains a library which THAT is intended 7,305
to be a participating library.
(B) Except as otherwise provided in division (D) of this 7,308
section, the agreement and an application for the formation of
the regional library system shall be submitted to the state 7,310
library board in the form and in accordance with rules prescribed 7,311
by the state library board, with a plan of service describing the 7,312
specific purposes for which the system is formed and the means by 7,313
which such THOSE purposes are to be accomplished.
(C) Upon approval of the application by the state library 7,315
board and the making by that board or some other authority or 7,316
authorities of a grant or grants for the system, the regional 7,317
library system shall become operable. The state library board 7,318
shall approve no more than eleven SEVEN regional library systems. 7,319
A regional library system shall be governed by a board of 7,322
trustees consisting of at least seven and no more than fifteen 7,323
persons, to be selected from among the representatives of the 7,324
participating libraries, duly appointed as such representatives 7,325
by the governing bodies of the participating libraries. 7,326
The number of trustees, the manner of selection, the terms 7,328
of office, and the provisions for filling vacancies shall be 7,330
determined by the agreement between the governing bodies of the 7,331
participating libraries, and shall be set forth in the 7,333
application submitted to the state library board. Nothing
pertaining to the organization and operation of a regional 7,334
library system shall be construed to infringe upon the autonomy 7,336
of any participating library or of the governing body of any 7,337
library.
(D) No area library service organization or metropolitan 7,339
library system in existence on the effective date of this 7,340
168
amendment MARCH 30, 1999, shall be required to submit a new 7,342
agreement and application to the state library board in order to 7,343
continue operation as a regional library system on and after that
date. Any agreement that applied under this section immediately 7,344
prior to the effective date of this amendment MARCH 30, 1999, to 7,346
an area library service organization or metropolitan library 7,347
system that continues operation as a regional library system 7,348
under this division shall continue to govern the applicable
regional library system to the extent authorized by sections 7,349
3375.90 to 3375.93 of the Revised Code. 7,350
Sec. 3383.08. There is hereby created in the state 7,359
treasury the capital donations fund, which shall be administered 7,360
by the Ohio arts and sports facilities commission. The fund 7,361
shall consist of gifts, grants, devises, bequests, and other 7,362
financial contributions made to the commission for the
construction or improvement of arts and sports facilities and 7,363
shall be used in accordance with the specific purposes for which 7,365
the gifts, grants, devises, bequests, or other financial 7,366
contributions are made. All investment earnings of the fund 7,367
shall be credited to the fund. Chapters 123., 125., 127., and 7,368
153. and section 3517.13 of the Revised Code do not apply to 7,369
contracts paid from the fund, notwithstanding anything to the 7,370
contrary in those chapters or that section. 7,371
Not later than the tenth day of each ONE month FOLLOWING 7,373
THE END OF EACH QUARTER OF THE FISCAL YEAR, the commission shall 7,374
allocate the amounts credited to the fund FROM INVESTMENT 7,375
EARNINGS during the THAT preceding month QUARTER OF THE FISCAL 7,376
YEAR among the specific projects for which they are to be used 7,378
and shall certify this information to the director of budget and 7,380
management. Investment earnings of the fund shall be allocated 7,382
in the same manner as the gifts, grants, devises, bequests, and
other financial contributions to which they are attributable. 7,384
If the amounts credited to the fund for a particular 7,387
project exceed what is required to complete that project, the
169
commission may refund any such OF THOSE excess amounts, including 7,389
unexpended investment earnings attributable to those amounts, to 7,391
the entity from which they were received. 7,392
Sec. 3517.152. (A)(1) There is hereby created the Ohio 7,402
elections commission consisting of seven members.
Not later than forty-five days after the effective date of 7,404
this section AUGUST 24, 1995, the speaker of the house of 7,407
representatives and the leader in the senate of the political 7,408
party of which the speaker is a member shall jointly submit to
the governor a list of five persons who are affiliated with that 7,409
political party. Not later than forty-five days after the 7,410
effective date of this section AUGUST 24, 1995, the two 7,412
legislative leaders in the two houses of the general assembly of
the major political party of which the speaker is not a member 7,413
shall jointly submit to the governor a list of five persons who 7,414
are affiliated with the major political party of which the 7,416
speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons 7,417
from each list to the commission. The governor shall appoint one 7,419
person from each list to a term that ends on December 31, 1996, 7,421
one person from each list to a term that ends on December 31, 7,422
1997, and one person from each list to a term that ends on 7,423
December 31, 1998.
Not later than thirty days after the governor appoints 7,425
these six members, they shall, by a majority vote, appoint to the 7,427
commission a seventh member, who shall not be affiliated with a 7,428
political party. If the six members fail to appoint the seventh 7,429
member within this thirty-day period, the chief justice of the 7,430
supreme court, not later than thirty days after the end of the
period during which the six members were required to appoint a 7,431
member, shall appoint the seventh member, who shall not be 7,432
affiliated with a political party. The seventh member shall be 7,433
appointed to a term that ends on December 31, 2001. Terms of the 7,434
initial members appointed under division (A)(1) of this section 7,435
170
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 7,437
member, who is not affiliated with a political party, the six 7,438
remaining members by a majority vote shall appoint, not later 7,439
than fifteen days after the date of the vacancy, the seventh 7,440
member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh 7,441
member within this fifteen-day period, the chief justice of the 7,442
supreme court, within fifteen days after the end of this period, 7,443
shall appoint the seventh member, who shall not be affiliated 7,444
with a political party. If a vacancy occurs in any of the other 7,445
six positions on the commission, the legislative leaders of the 7,446
political party from whose list of persons the member being
replaced was appointed shall submit to the governor, not later 7,447
than thirty days after the date of the vacancy, a list of three 7,448
persons who are affiliated with that political party. Not later 7,449
than fifteen days after receiving the list, the governor shall 7,450
appoint one person from the list to the commission.
(3) At no time shall more than six members of the 7,452
commission be affiliated with a political party and, of these six 7,453
members, not more than three shall be affiliated with the same 7,454
political party. 7,455
(4) In making appointments to the commission, the governor 7,458
shall take into consideration the various geographic areas of 7,459
this state and shall appoint members so that those areas are 7,460
represented on the commission in a balanced manner, to the extent 7,461
feasible.
(5) Members of the commission shall be registered electors 7,464
and shall be of good moral character. 7,465
(B) Each member of the commission shall hold office from 7,468
the date of the member's appointment until the end of the term 7,469
for which the member was appointed. A member appointed to fill a 7,470
vacancy occurring prior to the expiration of the term for which 7,471
the member's predecessor was appointed shall hold office for the 7,472
171
remainder of that term. A member shall continue in office 7,473
subsequent to the expiration date of the member's term until the 7,474
member's successor takes office or until a period of sixty days 7,476
has elapsed, whichever occurs first. After the initial terms of 7,477
office provided for in division (A)(1) of this section, terms of 7,478
office shall be for five years. 7,479
(C) A vacancy in the Ohio elections commission may be 7,482
caused by death, resignation, or three absences from commission 7,483
meetings in a calendar year if those absences are caused by 7,484
reasons declared invalid by a vote of five members of the 7,485
remaining members of the commission.
(D) Each member of the commission while in the performance 7,488
of the business of the commission shall be entitled to receive 7,489
compensation at the rate of twenty-five thousand dollars per 7,490
year. Members shall be reimbursed for expenses actually and 7,491
necessarily incurred in the performance of their duties. 7,492
(E) No member of the commission shall serve more than one 7,495
full term unless the terms served are served nonconsecutively. 7,496
(F)(1) No member of the commission shall do or be any of 7,499
the following:
(a) Hold, or be a candidate for, a public office; 7,502
(b) Serve on a committee supporting or opposing a 7,505
candidate or ballot question or issue;
(c) Be an officer of the state central committee, A COUNTY 7,508
CENTRAL COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, or OTHER 7,509
COMMITTEE OF A POLITICAL PARTY OR AN OFFICER of the executive 7,510
committee of the state central committee, A COUNTY CENTRAL 7,511
COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, OR OTHER COMMITTEE of a 7,512
political party;
(d) Be a legislative agent as defined in section 101.70 of 7,515
the Revised Code or an executive agency lobbyist as defined in 7,516
section 121.60 of the Revised Code; 7,517
(e) Solicit or be involved in soliciting contributions on 7,520
behalf of a candidate, campaign committee, political party, 7,521
172
political action committee, or political contributing entity; 7,522
(f) Be in the unclassified service under section 124.11 of 7,525
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 7,528
to (15) of section 4117.01 of the Revised Code. 7,529
(2) No member or employee of the commission shall make a 7,532
contribution to, or for the benefit of, a campaign committee or 7,533
committee in support of or opposition to a ballot question or 7,534
issue, a political party, a legislative campaign fund, a 7,535
political action committee, or a political contributing entity. 7,536
(G)(1) The members of the commission shall elect a 7,538
chairperson and a vice-chairperson. At no time shall the 7,540
chairperson and vice-chairperson be affiliated with the same 7,542
political party. The chairperson shall serve in that capacity 7,543
for one year and shall not serve as chairperson more than twice 7,545
during a term as a member of the commission. No two successive 7,546
chairpersons shall be affiliated with the same political party. 7,547
(2) The commission shall meet at the call of the 7,549
chairperson or upon the written request of a majority of the 7,550
members. The meetings and hearings of the commission or a panel 7,551
of the commission under sections 3517.153 to 3517.157 of the 7,552
Revised Code are subject to section 121.22 of the Revised Code. 7,553
(3) The commission shall adopt rules for its procedures in 7,556
accordance with Chapter 119. of the Revised Code. Five of the 7,557
seven members constitute a quorum. Except as otherwise provided 7,558
in this section and in sections 3517.154 to 3517.157 of the 7,559
Revised Code, no action shall be taken without the concurrence of 7,560
a majority of the members. 7,561
(H)(1) The commission shall employ the technical, 7,564
professional, and clerical employees that are necessary for it to 7,565
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 7,568
the commission shall employ a full-time attorney, and, as needed, 7,570
one or more investigatory attorneys to conduct investigations for 7,572
173
the commission or a panel of the commission. The commission may 7,573
employ or contract for the services of additional attorneys, as 7,574
needed. The full-time attorney shall do all of the following: 7,575
(i) Serve as the commission's attorney in regard to all 7,578
legal matters, including representing the commission at appeals 7,579
from a final determination of the commission, except that the 7,580
full-time attorney shall not perform the duties that an 7,581
investigatory attorney is required or requested to perform or 7,582
that another attorney the commission employs or contracts with 7,583
for services is required or requested to perform, and shall not 7,584
represent the commission in any legal proceeding in which the 7,585
commission is a named party;
(ii) At the request of the commission or a panel of the 7,588
commission, be present at a hearing held under sections 3517.154 7,589
to 3517.156 of the Revised Code to rule on the admissibility of 7,590
evidence and to advise on the conduct of procedure; 7,591
(iii) Perform other duties as required by rule of the 7,594
commission.
(b) An attorney employed by or under contract with the 7,597
commission shall be licensed to practice law in this state. 7,598
(3)(a) Except as otherwise provided in division (H)(3)(b) 7,601
of this section, at least five members of the commission shall 7,602
agree on the employment of a person, a majority of the members 7,603
shall agree on the discharge of an employee, and a person 7,604
employed by the commission shall serve at the pleasure of the 7,605
commission.
(b) At least five of the seven members shall agree on the 7,607
discharge of an investigatory attorney. 7,609
Sec. 3701.04. (A) The director of health shall: 7,618
(1) Require such reports and make such inspections and 7,620
investigations as the director considers necessary; 7,621
(2) Provide such methods of administration, appoint such 7,623
personnel, make such reports, and take such other action as may 7,624
be necessary to comply with the requirements of the federal act 7,625
174
and the regulations thereunder; 7,626
(3) Procure by contract the temporary or intermittent 7,628
services of experts or consultants or organizations thereof when 7,629
such services are to be performed on a part-time or 7,630
fee-for-service basis and do not involve the performance of 7,631
administrative duties; 7,632
(4) Enter into agreements for the utilization of the 7,634
facilities and services of other departments, agencies, and 7,635
institutions, public or private; 7,636
(5) Accept on behalf of the state, and deposit in the 7,638
state treasury to the credit of the general operations fund 7,639
created in section 3701.83 of the Revised Code, any grant, gift, 7,640
or contribution made to assist in meeting the cost of carrying 7,641
out the director's responsibilities and expend the grant, gift, 7,642
or contribution for such purpose. Fees collected by the director 7,643
in connection with meetings and conferences shall also be 7,644
credited to the fund and expended for the purposes for which 7,645
paid.
(6) Make an annual report to the governor on activities 7,647
and expenditures, including recommendations for such additional 7,648
legislation as the director considers appropriate to furnish 7,649
adequate hospital, clinic, and similar facilities to the people 7,650
of this state.
(B) The director of health may enter into agreements to 7,653
sell services offered by the department to other departments,
agencies, and institutions of the state. Fees collected by the 7,654
director for the sale of services under this division shall be 7,655
deposited into the state treasury to the credit of the general 7,656
operations fund created in section 3701.83 of the Revised Code. 7,657
(C) If authorized by federal statute or regulation, the 7,660
director of health may establish and collect fees for conducting 7,661
the initial certification of any person or entity as a provider
of health services for purposes of the medicare program 7,662
established under Title XVIII of the "Social Security Act," 49 7,663
175
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The fee 7,664
established for conducting an initial medicare certification 7,665
shall not exceed the actual and necessary costs incurred by the
department of health in conducting the certification. 7,666
All fees collected under this division shall be deposited 7,668
into the state treasury to the credit of the medicare initial 7,669
certification fund, which is hereby created. Money credited to 7,670
the fund shall be used solely to pay the costs of conducting 7,671
initial medicare certifications.
Sec. 3701.043. IF AUTHORIZED BY FEDERAL STATUTE OR 7,673
REGULATION, THE DIRECTOR OF HEALTH MAY ESTABLISH AND COLLECT FEES 7,674
FOR CONDUCTING THE INITIAL CERTIFICATION OF ANY PERSON OR ENTITY 7,675
AS A PROVIDER OF HEALTH SERVICES FOR PURPOSES OF THE MEDICARE 7,676
PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY 7,678
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. THE FEE 7,679
ESTABLISHED FOR CONDUCTING AN INITIAL MEDICARE CERTIFICATION 7,680
SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS INCURRED BY THE
DEPARTMENT OF HEALTH IN CONDUCTING THE CERTIFICATION. 7,681
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED 7,683
INTO THE STATE TREASURY TO THE CREDIT OF THE MEDICARE INITIAL 7,684
CERTIFICATION FUND, WHICH IS HEREBY CREATED. MONEY CREDITED TO 7,685
THE FUND SHALL BE USED SOLELY TO PAY THE COSTS OF CONDUCTING 7,686
INITIAL MEDICARE CERTIFICATIONS.
Sec. 3701.044. WHEN THE DIRECTOR OF HEALTH OR DEPARTMENT 7,688
OF HEALTH IS REQUIRED OR AUTHORIZED TO CONDUCT OR ADMINISTER AN 7,689
EXAMINATION OR EVALUATION OF INDIVIDUALS FOR THE PURPOSE OF 7,690
DETERMINING COMPETENCY OR FOR THE PURPOSE OF ISSUING A LICENSE, 7,691
CERTIFICATE, REGISTRATION, OR OTHER AUTHORITY TO PRACTICE OR 7,692
PERFORM DUTIES, THE DIRECTOR OR DEPARTMENT MAY PROVIDE FOR THE 7,693
EXAMINATION OR EVALUATION BY CONTRACTING WITH ANY PUBLIC OR 7,694
PRIVATE ENTITY TO CONDUCT OR ADMINISTER THE EXAMINATION OR 7,695
EVALUATION. THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT AND 7,696
RETAIN, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 7,697
CONTRACT, ANY FEE PAID BY AN INDIVIDUAL FOR THE EXAMINATION OR 7,698
176
EVALUATION. AN ENTITY AUTHORIZED TO COLLECT AND RETAIN A FEE IS 7,699
NOT REQUIRED TO DEPOSIT THE FEE INTO THE STATE TREASURY. 7,700
EXCEPT WHEN CONSIDERED TO BE NECESSARY BY THE DIRECTOR OR 7,702
DEPARTMENT, THE DIRECTOR OR DEPARTMENT SHALL NOT DISCLOSE TEST 7,703
MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED IN ANY 7,704
EXAMINATION OR EVALUATION THE DIRECTOR OR DEPARTMENT CONDUCTS, 7,705
ADMINISTERS, OR PROVIDES FOR BY CONTRACT. THE TEST MATERIALS, 7,706
EXAMINATIONS, AND EVALUATION TOOLS ARE NOT PUBLIC RECORDS FOR THE 7,707
PURPOSE OF SECTION 149.43 OF THE REVISED CODE AND ARE NOT SUBJECT 7,708
TO INSPECTION OR COPYING UNDER SECTION 1347.08 OF THE REVISED 7,709
CODE.
Sec. 3701.99. (A) Whoever violates section 3701.25 of the 7,718
Revised Code is guilty of a minor misdemeanor on a first offense; 7,719
on each subsequent offense, the person is guilty of a misdemeanor 7,720
of the second degree. 7,721
(B) Whoever violates division (I) of section 3701.262, 7,723
division (D) of section 3701.263, or section 3701.352 or sections 7,724
3701.46 to 3701.55 of the Revised Code is guilty of a minor 7,725
misdemeanor on a first offense; on each subsequent offense, the 7,726
person is guilty of a misdemeanor of the fourth degree. 7,727
(C) Whoever violates section 3701.82 of the Revised Code 7,729
is guilty of a misdemeanor of the first degree. 7,730
(D) Whoever violates section 3701.81 of the Revised Code 7,732
is guilty of a misdemeanor of the second degree. 7,733
(E) Whoever violates division (G) of section 3701.88 of 7,735
the Revised Code shall be fined not more than one hundred 7,736
dollars. Each day the violation continues is a separate offense. 7,737
Sec. 3702.111. (A) NOTWITHSTANDING THE AUTHORITY OF THE 7,739
DIRECTOR OF HEALTH TO ADOPT RULES UNDER SECTION 3702.11 OF THE 7,740
REVISED CODE, A HOSPITAL THAT MEETS THE FOLLOWING REQUIREMENTS 7,741
MAY ESTABLISH, WITHOUT AN OPEN HEART SURGERY SERVICE AND THE 7,742
PERSONNEL TO PERFORM THE SERVICE AT THE SAME LOCATION, A CARDIAC 7,743
CATHETERIZATION SERVICE FOR DIAGNOSING ADULT PATIENTS OTHER THAN 7,744
THOSE WHO MEET THE CRITERIA IN THOSE RULES FOR IDENTIFYING HIGH 7,745
177
RISK CONDITIONS FOR CARDIAC CATHETERIZATION:
(1) THE HOSPITAL IS CLASSIFIED AS A GENERAL HOSPITAL IN 7,747
RULES ADOPTED UNDER SECTION 3701.07 OF THE REVISED CODE. 7,748
(2) THE HOSPITAL HAS AT LEAST ONE HUNDRED BEDS REGISTERED 7,750
UNDER SECTION 3701.07 OF THE REVISED CODE. 7,751
(3) THE HOSPITAL IS LOCATED IN A COUNTY THAT, AS OF THE 7,753
DATE THE SERVICE IS ESTABLISHED, HAS A POPULATION OF MORE THAN 7,754
THIRTY THOUSAND BUT LESS THAN NINETY THOUSAND AS PROVIDED IN THE 7,755
MOST RECENT DECENNIAL CENSUS FIGURES FROM THE UNITED STATES 7,756
DEPARTMENT OF COMMERCE, DIVISION OF CENSUS. 7,757
(B) A HOSPITAL THAT ESTABLISHES A CARDIAC CATHETERIZATION 7,759
SERVICE PURSUANT TO DIVISION (A) OF THIS SECTION SHALL COMPLY 7,760
WITH ALL THE FOLLOWING: 7,761
(1) A CARDIAC CATHETERIZATION PROCEDURE MAY BE PERFORMED 7,763
ON A PATIENT ONLY IF, PRIOR TO PERFORMING THE PROCEDURE, AN 7,764
ATTENDING PHYSICIAN CONSULTS WITH THE PATIENT TO DETERMINE THAT 7,765
THE PATIENT DOES NOT MEET THE CRITERIA FOR IDENTIFYING HIGH RISK 7,766
CONDITIONS FOR CARDIAC CATHETERIZATION OR, IN THE CASE OF AN 7,767
EMERGENCY, THE PHYSICIAN DETERMINES THAT TRANSFERRING THE PATIENT
IS NOT RECOMMENDED. 7,768
(2) THE MEDICAL DIRECTOR OF THE CARDIAC CATHETERIZATION 7,770
SERVICE SHALL MONITOR AND ENSURE THAT EACH PROCEDURE IS PERFORMED 7,771
IN ACCORDANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE 7,772
AND WITH THE PATIENT SELECTION CRITERIA ESTABLISHED IN RULES 7,773
ADOPTED UNDER SECTION 3702.11 OF THE REVISED CODE.
(3) THE HOSPITAL SHALL MAINTAIN A WRITTEN PROTOCOL FOR 7,775
EMERGENCY CARE AND TRANSFER OF PATIENTS WHO REQUIRE EMERGENCY 7,776
OPEN HEART SURGERY DURING OR IMMEDIATELY AFTER A CARDIAC 7,777
CATHETERIZATION PROCEDURE.
(4) THE HOSPITAL SHALL MAINTAIN A FORMAL WRITTEN AGREEMENT 7,779
WITH ANOTHER HOSPITAL FOR THE PURPOSE OF PROVIDING EMERGENCY OPEN 7,780
HEART SURGERY TO PATIENTS DESCRIBED IN DIVISION (B)(3) OF THIS 7,781
SECTION. THE OTHER HOSPITAL MUST BE ONE THAT MAINTAINS AN OPEN 7,782
HEART SURGERY SERVICE IN COMPLIANCE WITH RULES ADOPTED UNDER 7,783
178
SECTION 3702.11 OF THE REVISED CODE AND IS AT A LOCATION TO WHICH
PATIENTS CAN BE TRANSPORTED WITHIN A REASONABLE TIME BY AVAILABLE 7,785
EMERGENCY VEHICLE. 7,786
(5) THE HOSPITAL SHALL COMPLY WITH ALL OTHER SAFETY 7,788
STANDARDS, QUALITY-OF-CARE STANDARDS, AND DATA REPORTING 7,790
REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 3702.11 7,791
OF THE REVISED CODE.
Sec. 3702.52. The director of health shall administer a 7,801
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under 7,802
those sections. 7,803
(A) The director shall issue rulings on whether a 7,805
particular proposed project is a reviewable activity. The 7,806
director shall issue a ruling not later than forty-five days 7,807
after receiving a request for a ruling accompanied by the 7,808
information needed to make the ruling. If the director does not 7,809
issue a ruling in that time, the project shall be considered to 7,810
have been ruled not a reviewable activity. 7,811
(B) The director shall review applications for 7,813
certificates of need. Each application shall be submitted to the 7,814
director on forms prescribed by the director, shall include all 7,815
information required by rules adopted under division (B) of 7,816
section 3702.57 of the Revised Code, and shall be accompanied by 7,817
the application fee established in rules adopted under division 7,818
(G) of that section. Application fees received by the director 7,819
under this division shall be deposited into the state treasury to 7,820
the credit of the certificate of need fund, which is hereby 7,821
created. The director shall use the fund only to pay the costs 7,822
of administering sections 3702.51 to 3702.62 of the Revised Code 7,823
and rules adopted under those sections, and to make payments to 7,824
health service agencies under division (H) of this section. 7,825
The director shall mail to the applicant a written notice 7,827
that the application meets the criteria for a complete 7,828
application specified in rules adopted under section 3702.57 of 7,829
179
the Revised Code, or a written request for additional
information, not later than fifteen days after receiving an 7,831
application or a response to an earlier request for information.
The director shall not make more than two requests for additional 7,832
information.
The director may conduct a public informational hearing in 7,834
the course of reviewing any application for a certificate of 7,835
need, and shall conduct one if requested to do so by any affected 7,836
person not later than fifteen days after the director mails the 7,837
notice that the application is complete. The hearing shall be 7,838
conducted in the community in which the activities authorized by
the certificate of need would be carried out. Any affected 7,839
person may testify at the hearing. The director may, with the 7,840
health service agency's consent, designate a health service 7,841
agency to conduct the hearing.
Except during a public hearing or as necessary to comply 7,843
with a subpoena issued under division (F) of this section, after 7,845
a notice of completeness has been received, no person shall 7,846
knowingly discuss in person or by telephone the merits of the 7,848
application with the director. If one or more persons request a
meeting in person or by telephone, the director shall make a 7,850
reasonable effort to invite interested parties to the meeting or 7,851
conference call.
(C) Divisions (C)(1) to (7) of this section apply to 7,854
certificate of need applications for which the director had not 7,856
issued a written decision prior to April 20, 1995, unless the 7,857
director was required, under the version of this section in 7,858
effect immediately prior to the effective date of this amendment 7,859
JUNE 30, 1995, to grant a certificate of need prior to the 7,861
effective date of this amendment JUNE 30, 1995, because of a lack 7,863
of written objections from any affected person. Divisions (C)(1) 7,864
to (7) of this section do not invalidate any certificate of need 7,865
that the director was required to grant prior to the effective 7,866
date of this amendment JUNE 30, 1995, under that circumstance. 7,867
180
(1) The director shall grant a certificate of need for the 7,870
entire project that is the subject of the application immediately
after both of the following conditions are met: 7,872
(a) The board of trustees of the health service agency of 7,875
the health service area in which the reviewable activity is 7,876
proposed to be conducted recommends, prior to the deadline 7,877
specified in division (C)(4) of this section or any extension of 7,878
it under division (C)(5) of this section, that the certificate of 7,879
need be granted;
(b) The director receives no written objections to the 7,881
application from any affected person by the later of May 20, 7,882
1995, or thirty days after the director mails the notice of 7,883
completeness.
(2) In the case of applications under comparative review, 7,885
the director shall grant certificates of need for the entire 7,886
projects that are the subject of the applications immediately 7,887
after both of the following conditions are met:
(a) The board of trustees of the health service agency of 7,889
each health service area in which the reviewable activities are 7,890
proposed to be conducted recommends, prior to the deadline 7,891
specified in division (C)(4) of this section or any extension of 7,892
it under division (C)(5) of this section, that certificates of 7,893
need be granted for each of the reviewable activities to be
conducted in its health service area; 7,894
(b) The director receives no written objections to any of 7,896
the applications from any affected person by the later of May 20, 7,897
1995, or thirty days after the director mails the last notice of 7,898
completeness.
The director's grant of a certificate of need under 7,900
division (C)(1) or (2) of this section does not affect, and sets 7,901
no precedent for, the director's decision to grant or deny other 7,902
applications for similar reviewable activities proposed to be 7,903
conducted in the same or different health service areas.
(3) If the director receives written objections to an 7,906
181
application from any affected person by the later of May 20, 7,907
1995, or thirty days after mailing the notice of completeness, 7,908
regardless of the health service agency's recommendation, the 7,909
director shall notify the applicant and assign a hearing examiner 7,911
to conduct an adjudication hearing concerning the application in 7,912
accordance with Chapter 119. of the Revised Code. In the case of 7,914
applications under comparative review, if the director receives 7,915
written objections to any of the applications from any affected 7,917
person by the later of May 20, 1995, or thirty days after the 7,918
director mails the last notice of completeness, regardless of the 7,920
health service agencies' recommendation, the director shall 7,922
notify all of the applicants and appoint a hearing examiner to 7,923
conduct a consolidated adjudication hearing concerning the 7,924
applications in accordance with Chapter 119. of the Revised Code. 7,926
The hearing examiner shall be employed by or under contract with 7,927
the department of health. 7,928
The adjudication hearings may be conducted in the health 7,931
service area in which the reviewable activity is proposed to be
conducted. Consolidated adjudication hearings for applications 7,933
in comparative review may be conducted in the geographic region 7,934
in which all of the reviewable activities will be conducted. The 7,935
applicant, the director, and the affected persons that filed 7,936
objections to the application shall be parties to the hearing. 7,937
If none of the affected persons that submitted written objections 7,938
to the application appears or prosecutes the hearing, the hearing 7,939
examiner shall dismiss the hearing and the director shall grant a 7,941
certificate of need for the entire project that is the subject of 7,942
the application. The affected persons bear the burden of proving 7,943
by a preponderance of evidence that the project is not needed or 7,944
that granting the certificate would not be in accordance with 7,945
sections 3702.51 to 3702.62 of the Revised Code or the rules 7,946
adopted under section 3702.57 of the Revised Code. 7,947
(4) Except as provided in divisions (C)(1) and (2) of this 7,950
section, the director shall grant or deny certificate of need 7,951
182
applications for which an adjudication hearing is not conducted 7,952
under division (C)(3) of this section not later than ninety days 7,954
after mailing the notice of completeness or, in the case of an 7,955
application proposing addition of long-term care beds, not later 7,956
than ninety days after such other time as is specified in rules 7,957
adopted under section 3702.57 of the Revised Code. The director 7,959
shall grant or deny certificate of need applications for which an 7,961
adjudication hearing is conducted under division (C)(3) of this 7,963
section not later than thirty days after the expiration of the 7,964
time for filing objections to the report and recommendation of 7,965
the hearing examiner under section 119.09 of the Revised Code. 7,966
The director shall base decisions concerning applications for 7,967
which an adjudication hearing is conducted under division (C)(3) 7,968
of this section on the report and recommendations of the hearing 7,969
examiner.
(5) Except as otherwise provided in division (C)(1), (2), 7,972
or (6) of this section, the director or the applicant may extend 7,975
the deadline prescribed in division (C)(4) of this section once, 7,977
for no longer than thirty days, by written notice before the end 7,978
of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply to all 7,980
applications that are in comparative review. 7,981
(6) No applicant in a comparative review may extend the 7,983
deadline specified in division (C)(4) of this section. 7,984
(7) Except as provided in divisions (C)(1) and (2) of this 7,987
section, the director may grant a certificate of need for all or 7,988
part of the project that is the subject of an application. If 7,989
the director does not grant or deny the certificate by the 7,990
applicable deadline specified in division (C)(4) of this section 7,992
or any extension of it under division (C)(5) of this section, the 7,993
certificate shall be considered to have been granted. The 7,994
director, in reviewing certificate of need applications for solid 7,996
organ transplantation services, may ask for assistance from a 7,997
statewide transplantation advisory group consisting of qualified 7,998
183
professionals and administrators. Such consultation shall not 7,999
cause the review period for any application to be extended beyond 8,000
the applicable deadline specified in division (C)(4) of this 8,002
section or any extension of it under division (C)(5) of this 8,004
section.
(D) In granting a certificate of need, the director shall 8,006
specify as the maximum capital expenditure the certificate holder 8,007
may obligate under the certificate a figure equal to one hundred 8,008
ten per cent of the approved project cost. 8,009
(E) The director shall monitor the activities of persons 8,012
granted certificates of need concerning long-term care beds
during the period beginning with the granting of the certificate 8,014
of need and ending five years after implementation of the 8,015
activity for which the certificate was granted.
In the case of any other certificate of need, the director 8,017
shall monitor the activities of persons granted certificates of 8,018
need during the period beginning with the granting of the 8,020
certificate of need and ending when the activity for which the 8,021
certificate was granted ceases to be a reviewable activity in 8,022
accordance with section 3702.511 of the Revised Code. 8,023
(F) When reviewing applications for certificates of need 8,026
or monitoring activities of persons granted certificates of need, 8,027
the director may issue and enforce, in the manner provided in 8,029
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the production of documents relevant to review of the 8,031
application or monitoring of the activities. In addition, the 8,033
director or the director's designee, which may include a health 8,035
service agency, may visit the sites where the activities are or 8,036
will be conducted.
(G) The director may withdraw certificates of need. 8,038
(H) The director shall pay, to each health service agency 8,040
that engages in one or more of the functions identified in 8,041
division (D)(5) of section 3702.58 of the Revised Code with 8,042
respect to an application for a certificate of need, one-third of 8,043
184
the application fee paid under division (B) of this section, 8,044
subject to a maximum of four thousand dollars. The amount paid 8,045
under this division to each health service agency during each 8,047
fiscal year shall not be less than the amount received by the 8,048
health service agency between July 1, 1988, and June 30, 1989, or 8,049
the amount received by the agency between January 1, 1988, and 8,050
December 31, 1988, whichever is greater.
(I) The director shall conduct, on a regular basis, health 8,052
system data collection and analysis activities and prepare 8,053
reports. The director shall make recommendations based upon 8,054
these activities to the public health council concerning the 8,055
adoption of appropriate rules under section 3702.57 of the 8,056
Revised Code. All health care facilities and other health care 8,057
providers shall submit to the director, upon request, any 8,058
information that is necessary to conduct reviews of certificate 8,059
of need applications and to develop recommendations for criteria 8,060
for reviews, and that is prescribed by rules adopted under 8,061
division (H) of section 3702.57 of the Revised Code. 8,062
(J)(I) Any decision to grant or deny a certificate of need 8,064
shall consider the special needs and circumstances resulting from 8,065
moral and ethical values and the free exercise of religious 8,066
rights of health care facilities administered by religious 8,067
organizations, and the special needs and circumstances of 8,068
children's hospitals, inner city hospitals, and small rural 8,069
hospitals.
Sec. 3702.57. (A) The public health council shall adopt 8,078
rules establishing procedures and criteria for reviews of 8,079
applications for certificates of need and issuance, denial, or 8,080
withdrawal of certificates. 8,081
(1) The rules shall require that, in addition to any other 8,084
applicable review requirements of sections 3702.51 to 3702.62 of 8,085
the Revised Code and rules adopted thereunder, any application 8,086
for a certificate of need from an osteopathic hospital be 8,087
reviewed on the basis of the need for and the availability in the 8,088
185
community of services and hospitals for osteopathic physicians 8,089
and their patients, and in terms of its impact on existing and 8,090
proposed institutional training programs for doctors of 8,091
osteopathy and doctors of medicine at the student, internship, 8,092
and residency training levels. 8,093
(2) In adopting rules that establish criteria for reviews 8,095
of applications of certificates of need, the council shall 8,096
consider the availability of and need for long-term care beds to 8,097
provide care and treatment to persons diagnosed as having 8,098
traumatic brain injuries and shall prescribe criteria for 8,099
reviewing applications that propose to add long-term care beds to 8,100
provide care and treatment to persons diagnosed as having 8,101
traumatic brain injuries. 8,102
(3) The criteria for reviews of applications for 8,104
certificates of need shall relate to the need for the reviewable 8,105
activity and shall pertain to all of the following matters: 8,106
(a) The impact of the reviewable activity on the cost and 8,108
quality of health services in the relevant geographic area, 8,109
including, but not limited, to the historical and projected 8,110
utilization of the services to which the application pertains and 8,111
the effect of the reviewable activity on utilization of other 8,112
providers of similar services; 8,113
(b) The quality of the services to be provided as the 8,115
result of the activity, as evidenced by the historical 8,116
performance of the persons that will be involved in providing the 8,118
services and by the provisions that are proposed in the 8,119
application to ensure quality, including but not limited to 8,120
adequate available personnel, available ancillary and support 8,121
services, available equipment, size and configuration of physical 8,122
plant, and relations with other providers; 8,123
(c) The impact of the reviewable activity on the 8,125
availability and accessibility of the type of services proposed 8,126
in the application to the population of the relevant geographic 8,127
area, and the level of access to the services proposed in the 8,128
186
application that will be provided to medically underserved 8,129
individuals such as recipients of public assistance and 8,130
individuals who have no health insurance or whose health 8,131
insurance is insufficient; 8,132
(d) The activity's short- and long-term financial 8,134
feasibility and cost-effectiveness, the impact of the activity on 8,135
the applicant's costs and charges, and a comparison of the 8,137
applicant's costs and charges with those of providers of similar 8,138
services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of 8,140
alternatives to the reviewable activity; 8,141
(f) The impact of the activity on all other providers of 8,144
similar services in the health service area or other relevant 8,145
geographic area, including the impact on their utilization, 8,146
market share, and financial status;
(g) The historical performance of the applicant and 8,149
related or affiliated parties in complying with previously
granted certificates of need and any applicable certification, 8,150
accreditation, or licensure requirements; 8,151
(h) The relationship of the activity to the current 8,154
edition of the state health resources plan issued under section 8,155
3702.521 of the Revised Code;
(i) The historical performance of the applicant and 8,158
related or affiliated parties in providing cost-effective health 8,159
care services;
(j) The special needs and circumstances of the applicant 8,162
or population proposed to be served by the proposed project, 8,163
including research activities, prevalence of particular diseases, 8,164
unusual demographic characteristics, cost-effective contractual 8,165
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of the 8,168
proposed site of the activity;
(l) The participation by the applicant in research 8,171
conducted by the United States food and drug administration or 8,172
187
clinical trials sponsored by the national institutes of health. 8,173
(4) The criteria for reviews of applications may include 8,176
formulas for determining need for beds and services. 8,177
(a) The criteria prescribing formulas shall not, either by 8,179
themselves or in conjunction with any established occupancy 8,180
guidelines, require, as a condition of being granted a 8,181
certificate of need, that a hospital reduce its complement of 8,182
registered beds or discontinue any service that is not related to 8,183
the service or project for which the certificate of need is 8,184
sought. 8,185
(b) With respect to applications to conduct reviewable 8,187
activities that are affected directly by the inpatient occupancy 8,188
of a health care facility, including addition, relocation, or 8,189
recategorization of beds or renovation or other construction 8,190
activities relating to inpatient services, the rules shall 8,191
prescribe criteria for determining whether the scope of the 8,192
proposed project is appropriate in light of the historical and 8,193
reasonably projected occupancy rates for the beds related to the 8,194
project. 8,195
(c) Any rules prescribing criteria that establish ratios 8,197
of beds, services, or equipment to population shall specify the 8,199
bases for establishing the ratios or mitigating factors or 8,200
exceptions to the ratios. 8,201
(B) The council shall adopt rules specifying all of the 8,203
following: 8,204
(1) Information that must be provided in applications for 8,207
certificates of need, which shall include a plan for obligating 8,209
the capital expenditure or implementing the proposed project on a 8,210
timely basis in accordance with section 3702.525 of the Revised 8,212
Code;
(2) Procedures for reviewing applications for completeness 8,216
of information;
(3) Criteria for determining that the application is 8,219
complete.
188
(C) The council shall adopt rules specifying requirements 8,221
that holders of certificates of need must meet in order for the 8,222
certificates to remain valid and establishing definitions and 8,223
requirements for obligation of capital expenditures and 8,224
implementation of projects authorized by certificates of need. 8,225
(D) The council shall adopt rules establishing criteria 8,227
and procedures under which the director of health may withdraw a 8,228
certificate of need if the holder fails to meet requirements for 8,229
continued validity of the certificate. 8,230
(E) The council shall adopt rules establishing procedures 8,232
under which the department of health shall monitor project 8,233
implementation activities of holders of certificates of need. 8,234
The rules adopted under this division also may establish 8,235
procedures for monitoring implementation activities of persons 8,237
that have received nonreviewability rulings. 8,239
(F) The council shall adopt rules establishing procedures 8,241
under which the director of health shall review certificates of 8,242
need whose holders exceed or appear likely to exceed an 8,244
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate 8,246
of need application fees sufficient to pay the costs incurred by 8,247
the department for administering sections 3702.51 to 3702.62 of 8,249
the Revised Code and to pay health service agencies for the 8,250
functions they perform under division (D)(5) of section 3702.58 8,252
of the Revised Code. Unless rules are adopted under this 8,253
division establishing different application fees, the application 8,254
fee for a project not involving a capital expenditure shall be 8,255
three thousand dollars and the application fee for a project 8,256
involving a capital expenditure shall be nine-tenths of one per 8,257
cent of the capital expenditure proposed subject to a minimum of 8,258
three thousand dollars and a maximum of twenty thousand dollars. 8,259
(H) The council shall adopt rules specifying information 8,261
that is necessary to conduct reviews of certificate of need 8,262
applications and to develop recommendations for criteria for 8,263
189
reviews that health care facilities and other health care 8,264
providers are to submit to the director under division (I)(H) of 8,266
section 3702.52 of the Revised Code.
(I) The council shall adopt rules defining "affiliated 8,269
person," "related person," and "ultimate controlling interest" 8,270
for purposes of section 3702.524 of the Revised Code. 8,271
(J) The council shall adopt rules prescribing requirements 8,274
for holders of certificates of need to demonstrate to the 8,275
director under section 3702.526 of the Revised Code that 8,277
reasonable progress is being made toward completion of the
reviewable activity and establishing standards by which the 8,278
director shall determine whether reasonable progress is being 8,279
made.
(K) The council shall adopt rules defining high-risk 8,281
cardiac catheterization patients. High-risk patients shall 8,283
include patients with significant ischemic syndromes or unstable 8,284
myocardial infarction, patients who need intervention such as 8,285
angioplasty or bypass surgery, patients who may require difficult 8,286
or complex catheterization procedures such as transeptal 8,287
assessment of valvular dysfunction, patients with critical aortic 8,288
stenosis or congestive heart failure, and other patients 8,289
specified by the council. 8,290
(L) The public health council shall adopt all rules under 8,293
divisions (A) to (K) of this section in accordance with Chapter 8,295
119. of the Revised Code. The council may adopt other rules as 8,296
necessary to carry out the purposes of sections 3702.51 to 8,297
3702.62 of the Revised Code.
Sec. 3702.58. (A) The director of health shall designate 8,306
geographic regions of this state as health service areas and 8,307
shall designate one health service agency for each health service 8,308
area. All territory in this state shall be included in a health 8,309
service area, but no territory shall be included in more than one 8,310
health service area.
(B) The director shall designate as a health service area 8,312
190
any health service area that was so designated in accordance with 8,313
the former "National Health Planning and Resources Development 8,314
Act of 1974," 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of 8,315
November 13, 1986. The director shall designate as a health 8,316
service agency any health systems agency designated under such 8,317
former act that, on June 30, 1987, was performing the functions 8,319
of a health systems agency as provided for in such former act. 8,320
(C) The director may designate health service areas and 8,322
health service agencies in addition to those designated under 8,323
division (B) of this section, may revise the boundaries of health 8,324
service areas, and may revoke the designation of a health service 8,325
agency and designate a new health service agency for a health 8,326
service area. 8,327
Each health service agency designated under this division 8,330
shall be a nonprofit private corporation that is incorporated in 8,331
this state as a corporation that is exempt from federal income 8,332
taxation under subsection 501(a) and described in subsection 8,333
501(c)(3) of the "Internal Revenue Act of 1986," 100 Stat. 2085, 8,334
26 U.S.C.A. 1, as amended, that is not a subsidiary of, or 8,335
otherwise controlled by, any other private or public corporation 8,336
or other legal entity.
The board of trustees of each health service agency shall 8,339
be nominated and elected by the agency's membership in accordance 8,340
with procedures specified in the agency's by-laws. Each trustee 8,341
shall be a resident of the health service area served by the 8,342
agency, and any resident of the health service area age eighteen 8,343
or older is eligible to be nominated. The board of trustees 8,344
shall be broadly representative of the demographic
characteristics of the health service area, including the 8,345
geographic distribution and density of the population. 8,346
A majority of the trustees, but not more than seventy-five 8,349
per cent, shall represent consumers and major purchasers of 8,350
health care, including businesses and labor organizations, that 8,351
are not health care providers. All other trustees shall 8,352
191
represent health care providers and, to the extent practicable, 8,353
shall be representative of the variety of health care disciplines 8,354
and interests of the health service area. Only the trustees 8,355
representing health care consumers and purchasers may vote on 8,356
agency proceedings concerning a certificate of need application. 8,357
However, no such trustees shall vote on proceedings concerning a 8,358
certificate of need application if he THE TRUSTEE has a financial 8,359
interest in the outcome of the proceedings.
A health service agency's board of trustees may adopt 8,361
policies governing the agency's ability to sell health care 8,362
information and resources to the public, to engage in activities 8,363
on a fee-for-service basis, and to enter into contractual 8,364
arrangements. However, these policies do not affect the 8,365
requirements of division (H) of section 3702.52 of the Revised 8,367
Code with respect to the amount the director pays for the 8,368
agency's performance of any function described in division (D)(5) 8,369
of this section. No health service agency shall engage in any 8,370
fee-for-service activity with a health care facility. Each board 8,371
of trustees shall hire appropriate staff to perform duties 8,372
required by the board.
(D) The functions of health service agencies shall 8,374
include, but not be limited to: 8,375
(1) Performing functions related to the planning and 8,377
implementation of health care facilities and health care services 8,379
by:
(a) Identifying community health care needs and 8,381
establishing community-based priorities and implementation 8,382
strategies;
(b) Developing community-based plans to address identified 8,384
needs and priorities; 8,385
(c) Providing technical assistance on community health 8,387
care needs assessment and planning and implementation strategies 8,388
to entities responsible for the delivery of health care services; 8,389
(d) Serving as the community resource to ensure that all 8,391
192
concerned individuals and organizations of the community are 8,392
represented and afforded an opportunity to participate in the 8,393
planning and implementation of the health care systems and 8,394
services that best meet the needs of the citizens of the health 8,395
service area;
(e) Submitting to the director of health for inclusion in 8,397
the state health resources plan issued under section 3702.521 of 8,398
the Revised Code the local community-based health resources plan, 8,400
which shall contain an analysis of the distribution of all health 8,401
services, facilities, and other resources in the health service 8,402
area, including existing deficiencies and excesses in local
health resources; 8,403
(f) Submitting annually to the director a supplemental 8,405
report recommending changes to the state health resources plan as 8,406
it deems appropriate by the community health planning process. 8,407
(2) Performing functions related to monitoring of the 8,409
health care system in the health service area, including: 8,410
(a) Compiling, analyzing, and disseminating technical 8,412
information and data identifying statistical trends and gaps in 8,413
health care services;
(b) Evaluating progress toward meeting local and state 8,415
health care goals as established by their respective planning 8,416
processes;
(c) Serving as the health service area community health 8,418
information center by: 8,419
(i) Making available to the general public information 8,421
about the quality, including performance and outcomes, and cost 8,422
of, and access to, the health care delivery services and systems; 8,423
(ii) Maintaining copies of reports on utilization of, 8,425
participation in, and performance of health care reform 8,426
initiatives, including OhioCare, any health insurance access 8,427
programs, and other health care cost, quality, and access reform 8,428
program;
(iii) Maintaining copies of all reports required by state 8,430
193
agencies that pertain to health care services, utilization, and 8,431
cost.
(3) Conducting the following community activities: 8,433
(a) Informing and educating the public on health care 8,435
issues, concerns, and proposed solutions, such as educating the 8,436
public about the proper use of health care delivery reform 8,437
initiatives;
(b) Providing forums for solving problems, resolving 8,439
conflicts, and building consensus; 8,440
(c) Publishing and making available to the public reports 8,442
on health care utilization, cost, and quality of services; 8,443
(d) Establishing and maintaining educational programs and 8,445
other informational resources for promoting improvement in the 8,446
health of the residents in the health service area. 8,447
(4) Promoting improvements in the health of the residents 8,449
of the health service area by helping the community to: 8,450
(a) Plan for and implement improvements in cost, 8,452
accessibility, and quality of health care services; 8,453
(b) Minimize unnecessary duplication of health services 8,455
and technology; 8,456
(c) Promote competition where appropriate in the health 8,458
service area. 8,459
(5) Implementing the certificate of need program on the 8,461
local level by:
(a) Providing technical assistance to applicants for 8,463
certificates of need; 8,464
(b) Advising the director of health by conducting 8,467
community reviews of certificate of need applications based on 8,468
local and state health resources plans and criteria and standards 8,469
established by the public health council; 8,470
(c) Conducting public informational hearings on 8,472
certificate of need applications under division (B) of section 8,473
3702.52 of the Revised Code;
(d) Submitting to the director findings and 8,475
194
recommendations on certificate of need applications; 8,476
(e) Monitoring compliance with the granted certificates of 8,478
need in the health service area on behalf of the director; 8,480
(f) Reporting findings of monitoring activities in a 8,482
format determined by the director. 8,483
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 8,492
3702.62 of the Revised Code, this section applies to the review 8,493
of certificate of need applications during the period beginning 8,494
July 1, 1993, and ending June 30, 1999 2001. 8,495
(B)(1) Except as provided in division (B)(2) of this 8,497
section, the director of health shall neither grant nor deny any 8,498
application for a certificate of need submitted prior to July 1, 8,499
1993, if the application was for any of the following and the 8,501
director had not issued a written decision concerning the 8,502
application prior to that date:
(a) Approval of beds in a new health care facility or an 8,504
increase of beds in an existing health care facility, if the beds 8,505
are proposed to be licensed as nursing home beds under Chapter 8,506
3721. of the Revised Code; 8,507
(b) Approval of beds in a new county home or new county 8,509
nursing home as defined in section 5155.31 of the Revised Code, 8,510
or an increase of beds in an existing county home or existing 8,511
county nursing home, if the beds are proposed to be certified as 8,512
skilled nursing facility beds under Title XVIII or nursing 8,513
facility beds under Title XIX of the "Social Security Act," 49 8,514
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 8,515
(c) Recategorization of hospital beds as described in 8,517
section 3702.522 of the Revised Code, an increase of hospital 8,519
beds registered pursuant to section 3701.07 of the Revised Code 8,520
as long-term care beds or skilled nursing facility beds, or a 8,521
recategorization of hospital beds that would result in an 8,522
increase of beds registered pursuant to that section as long-term 8,523
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 8,526
195
application to the applicant and, notwithstanding section 3702.52 8,527
of the Revised Code regarding the uses of the certificate of need 8,528
fund, shall refund to the applicant the application fee paid 8,529
under that section. Applications returned under division (B)(1) 8,530
of this section may be resubmitted in accordance with section 8,531
3702.52 of the Revised Code no sooner than July 1, 1999 2001. 8,532
(2) The director shall continue to review and shall issue 8,534
a decision regarding any application submitted prior to July 1, 8,535
1993, to increase beds for either of the purposes described in 8,537
division (B)(1)(a) or (b) of this section if the proposed 8,538
increase in beds is attributable solely to a replacement or 8,539
relocation of existing beds within the same county. The director 8,540
shall authorize under such an application no additional beds 8,541
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 8,543
section, the director, during the period beginning July 1, 1993, 8,544
and ending June 30, 1999 2001, shall not accept for review under 8,545
section 3702.52 of the Revised Code any application for a 8,546
certificate of need for any of the purposes described in 8,547
divisions (B)(1)(a) to (c) of this section. 8,548
(2) The director shall accept for review any application 8,550
for either of the purposes described in division (B)(1)(a) or (b) 8,551
of this section if the proposed increase in beds is attributable 8,552
solely to a replacement or relocation of existing beds within the 8,553
same county. The director shall authorize under such an 8,554
application no additional beds beyond those being replaced or 8,555
relocated. The director also shall accept for review any 8,556
application that seeks certificate of need approval for existing 8,557
beds located in an infirmary that is operated exclusively by a 8,559
religious order, provides care exclusively to members of 8,560
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 8,561
care exclusively to members of such a religious order on January 8,562
1, 1994.
196
(D) The director shall issue a decision regarding any case 8,564
remanded by a court as the result of a decision issued by the 8,567
director prior to July 1, 1993, to grant, deny, or withdraw a 8,568
certificate of need for any of the purposes described in 8,569
divisions (B)(1)(a) to (c) of this section. 8,570
(E) The director shall not project the need for beds 8,572
listed in division (B)(1) of this section for the period 8,573
beginning July 1, 1993, and ending June 30, 1999 2001. 8,574
This section is an interim section effective until July 1, 8,576
1999 2001. 8,577
Sec. 3705.24. (A) Except as otherwise provided in this 8,586
division or division (G) of this section, the fee for a certified 8,588
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 8,590
the Revised Code. Except as provided in section 3705.241 of the 8,591
Revised Code, the fee for a certified copy of a vital record or 8,592
for a certification of birth issued by the office of vital 8,593
statistics shall be an amount prescribed by the public health 8,594
council plus any fee required by section 3109.14 of the Revised 8,595
Code. The fee for a certified copy of a vital record or for a 8,596
certification of birth issued by a health district shall be an 8,597
amount prescribed in accordance with section 3709.09 of the 8,598
Revised Code plus any fee required by section 3109.14 of the 8,599
Revised Code. No certified copy of a vital record or 8,600
certification of birth shall be issued without payment of the fee 8,601
unless otherwise specified by statute.
For a special search of the files and records to determine 8,603
a date or place contained in a record on file, the office of 8,604
vital statistics shall charge a fee of three dollars for each 8,605
hour or fractional part of an hour required for the search. 8,606
(B) Except as otherwise provided in division (G) of this 8,609
section, and except as provided in section 3705.241 of the 8,610
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 8,611
197
into the state treasury to the credit of the general operations 8,612
fund created by section 3701.83 of the Revised Code. Money 8,614
generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it. 8,615
Amounts submitted to the department of health for copies of vital 8,617
records or services in excess of the fees imposed by this section 8,618
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 8,620
retained by the department and deposited in the state treasury to 8,621
the credit of the general operations fund created by section 8,622
3701.83 of the Revised Code. 8,623
(2) An overpayment in excess of two dollars shall be 8,625
returned to the person who made the overpayment. 8,626
(C) If a local registrar is a salaried employee of a city 8,628
or a general health district, any fees the local registrar 8,629
receives pursuant to section 3705.23 of the Revised Code shall be 8,630
paid into the general fund of the city or the health fund of the 8,631
general health district. 8,632
Each local registrar of vital statistics, or each health 8,634
district where the local registrar is a salaried employee of the 8,635
district, shall be entitled to a fee for each birth, fetal death, 8,636
death, or military service certificate properly and completely 8,637
made out and registered with the local registrar or district and 8,638
correctly copied and forwarded to the office of vital statistics 8,640
in accordance with the population of the primary registration 8,641
district at the last federal census. The fee for each birth, 8,642
fetal death, death, or military service certificate shall be: 8,643
(1) In primary registration districts of over two hundred 8,645
fifty thousand, twenty cents; 8,646
(2) In primary registration districts of over one hundred 8,648
twenty-five thousand and less than two hundred fifty thousand, 8,649
sixty cents; 8,650
(3) In primary registration districts of over fifty 8,652
thousand and less than one hundred twenty-five thousand, eighty 8,653
198
cents; 8,654
(4) In primary registration districts of less than fifty 8,656
thousand, one dollar. 8,657
(D) The director of health shall annually certify to the 8,659
county treasurers of the several counties the number of birth, 8,660
fetal death, death, and military service certificates registered 8,661
from their respective counties with the names of the local 8,662
registrars and the amounts due each registrar and health district 8,663
at the rates fixed in this section. Such amounts shall be paid 8,664
by the treasurer of the county in which the registration 8,665
districts are located. No fees shall be charged or collected by 8,666
registrars except as provided by this chapter and section 3109.14 8,667
of the Revised Code. 8,668
(E) A probate judge shall be paid a fee of fifteen cents 8,670
for each certified abstract of marriage prepared and forwarded by 8,671
the probate judge to the department of health pursuant to section 8,672
3705.21 of the Revised Code. The fee shall be in addition to the 8,673
fee paid for a marriage license and shall be paid by the 8,674
applicants for the license. 8,675
(F) The clerk of a court of common pleas shall be paid a 8,677
fee of one dollar for each certificate of divorce, dissolution, 8,678
and annulment of marriage prepared and forwarded by the clerk to 8,679
the department pursuant to section 3705.21 of the Revised Code. 8,680
The fee for the certified abstract of divorce, dissolution, or 8,681
annulment of marriage shall be added to the court costs allowed 8,682
in these cases. 8,683
(G) The fee for an heirloom certification of birth issued 8,685
pursuant to division (B)(2) of section 3705.23 of the Revised 8,687
Code shall be an amount prescribed by rule by the director of 8,689
health plus any fee required by section 3109.14 of the Revised 8,690
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 8,691
offset the expense of processing heirloom certifications of 8,692
birth. The fee prescribed by the director of health pursuant to 8,694
199
this division shall be deposited into the state treasury to the 8,696
credit of the heirloom certification of birth fund which is 8,697
hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing 8,698
heirloom certifications of birth. However, the money collected 8,699
for the surcharge, subject to the approval of the controlling 8,700
board, shall be used for the purposes specified by the family and 8,701
children first council pursuant to section 121.37 of the Revised 8,702
Code.
Sec. 3721.025. IF THE OPERATOR OF A NURSING HOME CLAIMS TO 8,704
THE PUBLIC THAT THE NURSING HOME PROVIDES SPECIAL SERVICES THAT 8,705
ARE ABOVE THE MINIMUM SERVICES THAT MUST BE PROVIDED TO BE 8,706
LICENSED UNDER THIS CHAPTER AS A NURSING HOME, THE OPERATOR SHALL 8,707
SUBMIT TO THE DEPARTMENT OF HEALTH A WRITTEN DESCRIPTION OF THE 8,708
SPECIAL SERVICES PROVIDED. THE DEPARTMENT SHALL MAINTAIN A 8,709
REGISTRY CONTAINING ALL DESCRIPTIONS SUBMITTED UNDER THIS 8,710
SECTION. ON REQUEST, THE DEPARTMENT SHALL PROVIDE A COPY OF A 8,711
DESCRIPTION SUBMITTED UNDER THIS SECTION. 8,712
Sec. 3721.31. (A)(1) Except as provided in division (E) 8,721
of this section, the director of health shall approve competency 8,722
evaluation programs and training and competency evaluation 8,723
programs in accordance with rules adopted under section 3721.30 8,724
of the Revised Code and shall periodically review and reapprove 8,725
programs approved under this section. 8,726
(2) Except as otherwise provided in division (A)(3) of 8,728
this section, the director may approve and reapprove programs 8,729
conducted by or in long-term care facilities, or by any 8,730
government agency or person, including an employee organization. 8,731
(3) The director shall not approve or reapprove a 8,733
competency evaluation program or training and competency 8,734
evaluation program conducted by or in a long-term care facility 8,735
that was determined by the director or the United States 8,736
secretary of health and human services to have been out of 8,737
compliance with the requirements of subsection (b), (c), or (d) 8,738
200
of section 1819 or 1919 of the "Social Security Act," 49 Stat. 8,739
620 (1935), 42 U.S.C.A. 301, as amended, within a two-year period 8,740
prior to making application for approval or reapproval and shall 8,741
revoke the approval or reapproval of a program conducted by or in 8,742
a facility for which such a determination is made. 8,743
(4) A long-term care facility, employee organization, 8,745
person, or government entity seeking approval or reapproval of a 8,746
competency evaluation program or training and competency 8,747
evaluation program shall make an application to the director for 8,748
approval or reapproval of the program and shall provide any 8,749
documentation requested by the director. 8,750
(5) The director may conduct inspections and examinations 8,752
of approved competency evaluation programs and training and 8,753
competency evaluation programs, competency evaluation programs 8,754
and training and competency evaluation programs for which an 8,755
application for approval has been submitted under division (A)(4) 8,756
of this section, and the sites at which they are or will be 8,757
conducted. The director may conduct inspections of long-term 8,758
care facilities in which individuals who have participated in 8,759
approved competency evaluation programs and training and 8,760
competency evaluation programs are being used as nurse aides. 8,761
(B) In accordance with Chapter 119. of the Revised Code, 8,763
the director may do the following: 8,764
(1) Deny, suspend, or revoke approval or reapproval of any 8,766
of the following that is not in compliance with this section and 8,767
section 3721.30 of the Revised Code and rules adopted thereunder: 8,768
(a) A competency evaluation program; 8,770
(b) A training and competency evaluation program; 8,772
(c) A training program for instructors or coordinators for 8,774
training and competency evaluation programs; 8,775
(d) A training program for evaluators for competency 8,777
evaluation programs. 8,778
(2) Deny a request that he THE DIRECTOR determine either 8,780
ANY of the following for the purposes of division (B) of section 8,782
201
3721.28 of the Revised Code: 8,783
(a) That a program completed prior to the dates specified 8,785
in division (B)(3) of section 3721.28 of the Revised Code 8,786
included a competency evaluation component no less stringent than 8,787
the competency evaluation programs approved or conducted by him 8,788
THE DIRECTOR under this section, and was otherwise comparable to 8,790
the training and competency evaluation programs being approved 8,791
under this section; 8,792
(b) That an individual satisfies division (B)(5) of 8,794
section 3721.28 of the Revised Code; 8,795
(c) That an individual meets the conditions specified in 8,797
division (F) of section 3721.28 of the Revised Code. 8,798
(C) The director may develop and conduct a competency 8,800
evaluation program for individuals used by long-term care 8,801
facilities as nurse aides at any time during the period 8,802
commencing July 1, 1989, and ending January 1, 1990, and 8,803
individuals who participate in training and competency evaluation 8,804
programs conducted in or by long-term care facilities. The 8,805
director also may conduct other competency evaluation programs 8,806
and training and competency evaluation programs. When conducting 8,807
competency evaluation programs and training and competency 8,808
evaluation programs, the director may use a nurse aide competency 8,809
evaluation prepared by a national standardized testing service, 8,810
and may contract with the service to administer the evaluation 8,811
PURSUANT TO SECTION 3701.044 OF THE REVISED CODE. 8,812
(D) The director may approve or conduct programs to train 8,814
instructors and coordinators for training and competency 8,815
evaluation programs and evaluators for competency evaluation 8,816
programs. The director may conduct inspections and examinations 8,817
of those programs that have been approved by him THE DIRECTOR or 8,818
for which an application for approval has been submitted, and the 8,820
sites at which the programs are or will be conducted. 8,821
(E) Notwithstanding division (A) of this section and 8,823
division (C) of section 3721.30 of the Revised Code, the 8,824
202
director, in his THE DIRECTOR'S discretion, may decline to 8,825
approve any competency evaluation programs. The director may 8,827
require all individuals used by long-term care facilities as 8,828
nurse aides after June 1, 1990, who have completed a training and 8,829
competency evaluation program approved by the director under 8,830
division (A) of this section or who have met the conditions 8,831
specified in division (F) of section 3721.28 of the Revised Code 8,832
to complete a competency evaluation program conducted by the 8,833
director under division (C) of this section. The director also 8,834
may require all individuals used as nurse aides by long-term care 8,835
facilities after June 1, 1990, who were used by a facility at any 8,836
time during the period commencing July 1, 1989, and ending 8,837
January 1, 1990, to complete a competency evaluation program 8,838
conducted by the director under division (C) of this section 8,839
rather than a competency evaluation program approved by him THE 8,840
DIRECTOR under division (A) of this section. 8,841
(F) The director shall not disclose test materials, 8,843
examinations, or evaluative EVALUATION tools used in any 8,844
competency evaluation program or training and competency 8,846
evaluation program that he THE DIRECTOR conducts or approves 8,847
under this section to any person or government entity, except as 8,848
he determines to be necessary for administration and enforcement 8,850
of this chapter and rules adopted under this chapter. The test 8,851
materials, examinations, and evaluative tools are not public 8,852
records for the purpose of section 149.43 of the Revised Code, 8,853
and are not subject to inspection or copying under THE 8,854
CONFIDENTIALITY PROVISIONS OF section 1347.08 3701.044 of the 8,855
Revised Code.
(G) The director shall impose fees prescribed by rules 8,857
adopted under section 3721.30 of the Revised Code for both of the 8,858
following: 8,859
(1) Making application for approval or reapproval of 8,861
either of the following: 8,862
(a) A competency evaluation program or a training and 8,864
203
competency evaluation program; 8,865
(b) A training program for instructors or coordinators for 8,867
training and competency evaluation programs, or evaluators for 8,868
competency evaluation programs; 8,869
(2) Participation in any competency evaluation program, 8,871
training and competency evaluation program, or other program 8,872
conducted by the director under this section. 8,873
If the director contracts with a national standardized 8,875
testing service pursuant to division (C) of this section for 8,876
administration by the service of a competency evaluation of nurse 8,877
aides, the director may authorize the service to collect and 8,878
retain fees in the amounts prescribed under the rules adopted by 8,879
the director under section 3721.30 of the Revised Code. 8,880
Sec. 3721.33. (A) Except as provided in division (B) of 8,889
this section FOR ANY FEE COLLECTED AND RETAINED BY A TESTING 8,890
SERVICE UNDER CONTRACT PURSUANT TO DIVISION (C) OF SECTION 8,891
3721.31 OF THE REVISED CODE, all fees collected under section 8,892
3721.31 of the Revised Code shall be deposited in the state 8,893
treasury to the credit of the nurse aide training fund, which is
hereby created. The moneys in the fund shall be used solely for 8,894
the purposes set forth in sections 3721.28 to 3721.32 of the 8,895
Revised Code and rules adopted thereunder. 8,896
(B) A national standardized testing service that collects 8,898
and retains fees under a contract described in division (G) of 8,899
section 3721.31 of the Revised Code is not required to deposit 8,900
the fees in the state treasury.
Sec. 3722.01. (A) As used in this chapter: 8,909
(1) "Owner" means the person who owns the business of and 8,911
who ultimately controls the operation of an adult care facility 8,912
and to whom the manager, if different from the owner, is 8,913
responsible. 8,914
(2) "Manager" means the person responsible for the daily 8,916
operation of an adult care facility. The manager and the owner 8,917
of a facility may be the same person. 8,918
204
(3) "Adult" means an individual eighteen years of age or 8,920
older. 8,921
(4) "Unrelated" means that an adult resident is not 8,923
related to the owner or manager of an adult care facility or to 8,924
his THE OWNER'S OR MANAGER'S spouse as a parent, grandparent, 8,925
child, stepchild, grandchild, brother, sister, niece, nephew, 8,927
aunt, or uncle, or as the child of an aunt or uncle. 8,928
(5) "Skilled nursing care" means skilled nursing care as 8,930
defined in section 3721.01 of the Revised Code. 8,931
(6)(a) "Personal care services" means services including, 8,933
but not limited to, the following: 8,934
(i) Assisting residents with activities of daily living; 8,936
(ii) Assisting residents with self-administration of 8,938
medication, in accordance with rules adopted by the public health 8,939
council pursuant to this chapter; 8,940
(iii) Preparing special diets, other than complex 8,942
therapeutic diets, for residents pursuant to the instructions of 8,943
a physician or a licensed dietitian, in accordance with rules 8,944
adopted by the public health council pursuant to this chapter. 8,945
(b) "Personal care services" does not include "skilled 8,947
nursing care" as defined in section 3721.01 of the Revised Code. 8,948
A facility need not provide more than one of the services listed 8,949
in division (A)(6)(a) of this section to be considered to be 8,950
providing personal care services. 8,951
(7) "Adult family home" means a residence or facility that 8,953
provides accommodations to three to five unrelated adults and 8,954
supervision and personal care services to at least three of those 8,955
adults. 8,956
(8) "Adult group home" means a residence or facility that 8,958
provides accommodations to six to sixteen unrelated adults and 8,959
provides supervision and personal care services to at least three 8,960
of the unrelated adults. 8,961
(9) "Adult care facility" means an adult family home or an 8,963
adult group home. For the purposes of this chapter, any 8,964
205
residence, facility, institution, hotel, congregate housing 8,965
project, or similar facility that provides accommodations and 8,966
supervision to three to sixteen unrelated adults, at least three 8,967
of whom are provided personal care services, is an adult care 8,968
facility regardless of how the facility holds itself out to the 8,969
public. "Adult care facility" does not include: 8,970
(a) A facility operated by a hospice care program licensed 8,972
under section 3712.04 of the Revised Code that is used 8,973
exclusively for care of hospice patients; 8,974
(b) A nursing home, residential care facility, or home for 8,977
the aging as defined in section 3721.01 of the Revised Code; 8,978
(c) A community alternative home as defined in section 8,980
3724.01 of the Revised Code; 8,981
(d) An alcohol and drug addiction program as defined in 8,983
section 3793.01 of the Revised Code; 8,984
(e) A habilitation center as defined in section 5123.041 8,986
of the Revised Code; 8,987
(f) A residential facility for the mentally ill licensed 8,989
by the department of mental health under section 5119.22 of the 8,990
Revised Code; 8,991
(g) A facility licensed to provide methadone treatment 8,993
under section 3793.11 of the Revised Code; 8,994
(h) A residential facility licensed under section 5123.19 8,996
of the Revised Code or otherwise regulated by the department of 8,997
mental retardation and developmental disabilities; 8,998
(i) Any residence, institution, hotel, congregate housing 9,000
project, or similar facility that provides personal care services 9,001
to fewer than three residents or that provides, for any number of 9,002
residents, only housing, housekeeping, laundry, meal preparation, 9,003
social or recreational activities, maintenance, security, 9,004
transportation, and similar services that are not personal care 9,005
services or skilled nursing care; 9,006
(j) Any facility that receives funding for operating costs 9,008
from the department of development under any program established 9,009
206
to provide emergency shelter housing or transitional housing for 9,010
the homeless; 9,011
(k) A terminal care facility for the homeless that has 9,013
entered into an agreement with a hospice care program under 9,014
section 3712.07 of the Revised Code; 9,015
(l) A facility approved by the veterans administration 9,017
under section 104(a) of the "Veterans Health Care Amendments of 9,018
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used 9,019
exclusively for the placement and care of veterans; 9,020
(m) Until January 1, 1994, the portion of a facility in 9,022
which care is provided exclusively to members of a religious 9,023
order if the facility is owned by or part of a nonprofit 9,024
institution of higher education authorized to award degrees by 9,025
the Ohio board of regents under Chapter 1713. of the Revised 9,026
Code. 9,027
(10) "Residents' rights advocate" means: 9,029
(a) An employee or representative of any state or local 9,031
government entity that has a responsibility for residents of 9,032
adult care facilities and has registered with the department of 9,033
health under section 3701.07 of the Revised Code; 9,034
(b) An employee or representative, other than a manager or 9,036
employee of an adult care facility or nursing home, of any 9,037
private nonprofit corporation or association that qualifies for 9,038
tax-exempt status under section 501(a) of the "Internal Revenue 9,039
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, 9,040
that has registered with the department of health under section 9,041
3701.07 of the Revised Code, and whose purposes include educating 9,042
and counseling residents, assisting residents in resolving 9,043
problems and complaints concerning their care and treatment, and 9,044
assisting them in securing adequate services. 9,045
(11) "Sponsor" means an adult relative, friend, or 9,047
guardian of a resident of an adult care facility who has an 9,048
interest in or responsibility for the resident's welfare. 9,049
(12) "Ombudsman OMBUDSPERSON" means a "representative of 9,051
207
the office of the state long-term care ombudsman OMBUDSPERSON 9,053
program" as defined in section 173.14 of the Revised Code. 9,055
(13) "MENTAL HEALTH AGENCY" HAS THE SAME MEANING AS IN 9,057
SECTION 5119.22 OF THE REVISED CODE. 9,058
(B) For purposes of this chapter, personal care services 9,060
or skilled nursing care shall be considered to be provided by a 9,061
facility if they are provided by a person employed by or 9,062
associated with the facility or by another person pursuant to an 9,063
agreement to which neither the resident who receives the services 9,064
nor his THE RESIDENT'S sponsor is a party. 9,065
(C) Nothing in division (A)(6) of this section shall be 9,067
construed to permit personal care services to be imposed upon a 9,068
resident who is capable of performing the activity in question 9,069
without assistance. 9,070
Sec. 3722.011. All medication taken by residents of an 9,079
adult care facility shall be self-administered, except that 9,080
medication may be administered to a resident by a home health 9,081
agency, hospice care program, or nursing home staff, MENTAL 9,082
HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 9,083
HEALTH SERVICES under division (B) of section 3722.16 of the 9,085
Revised Code. Members of the staff of an adult care facility 9,086
shall not administer medication to residents. No person shall be 9,087
admitted to or retained by an adult care facility unless the 9,088
person is capable of taking his THE PERSON'S own medication and 9,089
biologicals, as determined in writing by the person's personal 9,091
physician, except that a person may be admitted to or retained by 9,092
such a facility if his THE PERSON'S medication is administered by 9,094
a home health agency, hospice care program, or nursing home 9,095
staff, MENTAL HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, 9,096
AND MENTAL HEALTH SERVICES under division (B) of section 3722.16 9,098
of the Revised Code. Members of the staff of an adult care 9,099
facility may do any of the following:
(A) Remind a resident when to take medication and watch to 9,101
ensure that the resident follows the directions on the container; 9,102
208
(B) Assist a resident in the self-administration of 9,104
medication by taking the medication from the locked area where it 9,105
is stored, in accordance with rules adopted by the public health 9,106
council pursuant to this chapter, and handing it to the resident. 9,107
If the resident is physically unable to open the container, a 9,108
staff member may open the container for the resident. 9,109
(C) Assist a physically impaired but mentally alert 9,111
resident, such as a resident with arthritis, cerebral palsy, or 9,112
Parkinson's disease, in removing oral or topical medication from 9,113
containers and in consuming or applying the medication, upon 9,114
request by or with the consent of the resident. If a resident is 9,115
physically unable to place a dose of medicine to his THE 9,116
RESIDENT'S mouth without spilling it, a staff member may place 9,118
the dose in a container and place the container to the mouth of 9,119
the resident.
Sec. 3722.10. (A) The public health council shall have 9,128
the exclusive authority to adopt and shall, not later than 9,129
November 15, 1991, adopt rules in accordance with Chapter 119. of 9,130
the Revised Code governing the licensing and operation of adult 9,131
care facilities. The rules shall specify: 9,132
(1) Procedures for the issuance, renewal, and revocation 9,134
of licenses and temporary licenses, for the granting and denial 9,135
of waivers, and for the issuance and termination of orders of 9,136
suspension of admission pursuant to section 3722.07 of the 9,137
Revised Code; 9,138
(2) The qualifications required for owners, managers, and 9,140
employees of adult care facilities, including character, 9,141
training, education, experience, and financial resources and the 9,142
number of staff members required in a facility; 9,143
(3) Adequate space, equipment, safety, and sanitation 9,145
standards for the premises of adult care facilities, and fire 9,146
protection standards for adult family homes as required by 9,147
section 3722.041 of the Revised Code; 9,148
(4) The personal, social, dietary, and recreational 9,150
209
services to be provided to each resident of adult care 9,151
facilities. In the case of an adult care facility providing 9,152
personal care services to one or more individuals with mental 9,153
illness or with severe mental disabilities who are referred by or 9,154
are receiving mental health services from a mental health agency, 9,155
as defined in section 5119.22 of the Revised Code, the rules 9,156
shall require, EXCEPT IN AN EMERGENCY, an affiliation agreement 9,158
between the adult care facility and the community BOARD OF 9,159
ALCOHOL, DRUG ADDICTION, AND mental health board SERVICES or an 9,160
affiliation agreement approved by the community mental health 9,161
board between the adult care facility and the mental health 9,162
agency THAT HAS BEEN APPROVED BY THE BOARD. The affiliation 9,164
agreement must be consistent with the residential portion of the 9,165
community mental health plan submitted pursuant to section 340.03 9,166
of the Revised Code.
(5) Rights of residents of adult care facilities, in 9,168
addition to the rights enumerated under section 3722.12 of the 9,169
Revised Code, and procedures to protect and enforce the rights of 9,170
these residents; 9,171
(6) Provisions for keeping records of residents and for 9,173
maintaining the confidentiality of the records as required by 9,174
division (B) of section 3722.12 of the Revised Code. The 9,175
provisions for maintaining the confidentiality of records shall, 9,176
at the minimum, meet the requirements for maintaining the 9,177
confidentiality of records under Title XIX of the "Social 9,178
Security Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and 9,179
regulations promulgated thereunder. 9,180
(7) Measures to be taken by adult care facilities relative 9,182
to residents' medication, including policies and procedures 9,183
concerning medication, storage of medication in a locked area, 9,184
and disposal of medication and assistance with 9,185
self-administration of medication, if the facility provides 9,186
assistance; 9,187
(8) Requirements for initial and periodic health 9,189
210
assessments of prospective and current adult care facility 9,190
residents by physicians or other health professionals to ensure 9,191
that they do not require a level of care beyond that which is 9,192
provided by the adult care facility, including assessment of 9,193
their capacity to self-administer the medications prescribed for 9,194
them; 9,195
(9) Requirements relating to preparation of special diets; 9,197
(10) The amount of the fees for new and renewal license 9,199
applications made pursuant to sections 3722.02 and 3722.04 of the 9,200
Revised Code; 9,201
(11) Measures to be taken by any employee of the state or 9,203
any political subdivision of the state authorized by this chapter 9,204
to enter an adult care facility to inspect the facility or for 9,205
any other purpose, to ensure that the employee respects the 9,206
privacy and dignity of residents of the facility, cooperates with 9,207
residents of the facility and behaves in a congenial manner 9,208
toward them, and protects the rights of residents; 9,209
(12) Any other rules necessary for the administration and 9,211
enforcement of this chapter. 9,212
(B) THE PUBLIC HEALTH COUNCIL SHALL CONSULT WITH THE 9,214
DIRECTOR OF MENTAL HEALTH REGARDING THE RULES ADOPTED UNDER 9,215
DIVISION (A)(4) OF THIS SECTION THAT CONCERN SERVICES TO 9,216
INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL DISABILITIES. 9,217
THE COUNCIL SHALL AMEND THE RULES IN ACCORDANCE WITH DIRECTION 9,218
FROM THE DIRECTOR OF MENTAL HEALTH.
(C) The director of health shall advise adult care 9,220
facilities regarding compliance with the requirements of this 9,221
chapter and with the rules adopted pursuant to this chapter. 9,222
(C)(D) Any duty or responsibility imposed upon the 9,224
director of health by this chapter may be carried out by an 9,225
employee of the department of health. 9,226
(D)(E) Employees of the department of health may enter, 9,228
for the purposes of investigation, any institution, residence, 9,229
facility, or other structure which has been reported to the 9,230
211
department as, or that the department has reasonable cause to 9,231
believe is, operating as an adult care facility without a valid 9,232
license. 9,233
Sec. 3722.15. (A) Employees THE FOLLOWING MAY ENTER AN 9,242
ADULT CARE FACILITY AT ANY TIME: 9,243
(1) EMPLOYEES designated by the director of health, 9,246
employees;
(2) EMPLOYEES designated by the director of aging, 9,248
employees; 9,249
(3) EMPLOYEES designated by the attorney general, 9,252
employees;
(4) EMPLOYEES designated by a county department of human 9,255
services to implement sections 5101.60 to 5101.71 of the Revised 9,256
Code, and persons;
(5) PERSONS employed pursuant to division (M) of section 9,259
173.01 of the Revised Code in the long-term care facilities 9,260
ombudsman OMBUDSPERSON program may enter any adult care facility 9,262
at any time. These;
(6) EMPLOYEES OF A MENTAL HEALTH AGENCY DESIGNATED BY THE 9,264
DIRECTOR OF MENTAL HEALTH, IF THE AGENCY IS UNDER CONTRACT WITH A 9,265
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES AND 9,266
HAS A CLIENT RESIDING IN THE FACILITY; 9,267
(7) EMPLOYEES OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND 9,269
MENTAL HEALTH SERVICES DESIGNATED BY THE DIRECTOR OF MENTAL 9,270
HEALTH, IF AN INDIVIDUAL RECEIVING MENTAL HEALTH SERVICES 9,271
PROVIDED BY THE BOARD OR A MENTAL HEALTH AGENCY UNDER CONTRACT 9,272
WITH THE BOARD RESIDES IN THE FACILITY. 9,273
THESE employees shall be afforded access to all records of 9,277
the facility, including records pertaining to residents, and may 9,278
copy the records. Neither these employees nor the director of 9,279
health shall release, without consent, any information obtained 9,280
from the records of an adult care facility that reasonably would 9,281
tend to identify a specific resident of the facility, except as 9,282
ordered by a court of competent jurisdiction. 9,283
212
(B) The following persons may enter any adult care 9,285
facility during reasonable hours: 9,286
(1) A resident's sponsor; 9,288
(2) Residents' rights advocates; 9,290
(3) A resident's attorney; 9,292
(4) A minister, priest, rabbi, or other person ministering 9,294
to a resident's religious needs; 9,295
(5) A physician or other person providing health care 9,297
services to a resident; 9,298
(6) Employees authorized by county departments of human 9,300
services and local boards of health or health departments to 9,301
enter adult care facilities; 9,302
(7) A prospective resident and his PROSPECTIVE RESIDENT'S 9,304
sponsor. 9,305
(C) The manager of an adult care facility may require a 9,307
person seeking to enter the facility to present identification 9,308
sufficient to identify him THE PERSON as an authorized person 9,309
under this section. 9,311
Sec. 3722.16. (A) No person shall: 9,320
(1) Operate an adult care facility unless the facility is 9,322
validly licensed by the director of health under section 3722.04 9,323
of the Revised Code; 9,324
(2) Admit to an adult care facility more residents than 9,326
the number authorized in the facility's license; 9,327
(3) Admit a resident to an adult care facility after the 9,329
director has issued an order pursuant to section 3722.07 of the 9,330
Revised Code suspending admissions to the facility. Violation of 9,331
division (A)(3) of this section is cause for revocation of the 9,332
facility's license. 9,333
(4) EXCEPT IN AN EMERGENCY, ADMIT OR RETAIN A RESIDENT TO 9,335
AN ADULT CARE FACILITY IF THE RESIDENT HAS MENTAL ILLNESS OR 9,336
SEVERE MENTAL DISABILITIES AND IS REFERRED BY OR RECEIVING MENTAL 9,337
HEALTH SERVICES FROM A MENTAL HEALTH AGENCY, UNLESS THE FACILITY 9,338
HAS AN AFFILIATION AGREEMENT WITH THE BOARD OF ALCOHOL, DRUG 9,340
213
ADDICTION, AND MENTAL HEALTH SERVICES OR AN AFFILIATION AGREEMENT 9,341
APPROVED BY THE BOARD WITH THE MENTAL HEALTH AGENCY; 9,342
(5) Interfere with any authorized inspection of an adult 9,344
care facility conducted pursuant to section 3722.02 or 3722.04 of 9,345
the Revised Code; 9,346
(5)(6) Violate any of the provisions of this chapter or 9,348
any of the rules adopted pursuant to it. 9,349
(B) No adult care facility shall provide, or admit or 9,351
retain any resident in need of, skilled nursing care unless all 9,352
of the following are the case: 9,353
(1) The care will be provided on a part-time, intermittent 9,355
basis for not more than a total of one hundred twenty days in any 9,356
twelve-month period by one or more of the following: 9,357
(a) A home health agency certified under Title XVIII of 9,359
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 9,360
as amended; 9,361
(b) A hospice care program licensed under Chapter 3712. of 9,363
the Revised Code; 9,364
(c) A nursing home licensed under Chapter 3721. of the 9,366
Revised Code and owned and operated by the same person and 9,367
located on the same site as the adult care facility; 9,368
(d) A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 9,370
ADDICTION, AND MENTAL HEALTH SERVICES. 9,371
(2) The staff of the home health agency, hospice care 9,373
program, or nursing home, MENTAL HEALTH AGENCY, OR BOARD OF 9,374
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES does not 9,375
train facility staff to provide the skilled nursing care; 9,377
(3) The individual to whom the skilled nursing care is 9,379
provided is suffering from a short-term illness; 9,380
(4) If the skilled nursing care is to be provided by the 9,382
nursing staff of a nursing home, all of the following are the 9,383
case: 9,384
(a) The adult care facility evaluates the individual 9,386
receiving the skilled nursing care at least once every seven days 9,387
214
to determine whether he THE INDIVIDUAL should be transferred to a 9,389
nursing home;
(b) The adult care facility meets at all times staffing 9,391
requirements established by rules adopted under section 3722.10 9,392
of the Revised Code; 9,393
(c) The nursing home does not include the cost of 9,395
providing skilled nursing care to the adult care facility 9,396
residents in a cost report filed under section 5111.26 of the 9,397
Revised Code; 9,398
(d) The nursing home meets at all times the nursing home 9,400
licensure staffing ratios established by rules adopted under 9,401
section 3721.04 of the Revised Code; 9,402
(e) The nursing home staff providing skilled nursing care 9,404
to adult care facility residents are registered nurses or 9,405
licensed practical nurses licensed under Chapter 4723. of the 9,406
Revised Code and meet the personnel qualifications for nursing 9,407
home staff established by rules adopted under section 3721.04 of 9,408
the Revised Code; 9,409
(f) The skilled nursing care is provided in accordance 9,411
with rules established for nursing homes under section 3721.04 of 9,412
the Revised Code; 9,413
(g) The nursing home meets the skilled nursing care needs 9,415
of the adult care facility residents; 9,416
(h) Using the nursing home's nursing staff does not 9,418
prevent the nursing home or adult care facility from meeting the 9,419
needs of the nursing home and adult care facility residents in a 9,420
quality and timely manner. 9,421
Notwithstanding section 3721.01 of the Revised Code, an 9,423
adult care facility in which residents receive skilled nursing 9,424
care as described in division (B) of this section is not a 9,425
nursing home. No adult care facility shall provide skilled 9,426
nursing care. 9,427
(C) A home health agency or hospice care program that 9,429
provides skilled nursing care pursuant to division (B) of this 9,430
215
section may not be associated with the adult care facility unless 9,431
the facility is part of a home for the aged as defined in section 9,432
5701.13 of the Revised Code or the adult care facility is owned 9,433
and operated by the same person and located on the same site as a 9,434
nursing home licensed under Chapter 3721. of the Revised Code 9,435
that is associated with the home health agency or hospice care 9,436
program. In addition, the following requirements shall be met: 9,437
(1) The adult care facility shall evaluate the individual 9,439
receiving the skilled nursing care not less than once every seven 9,440
days to determine whether he THE INDIVIDUAL should be transferred 9,442
to a nursing home; 9,443
(2) If the costs of providing the skilled nursing care are 9,445
included in a cost report filed pursuant to section 5111.26 of 9,446
the Revised Code by the nursing home that is part of the same 9,447
home for the aged, the home health agency or hospice care program 9,448
shall not seek reimbursement for the care under the medical 9,449
assistance program established under Chapter 5111. of the Revised 9,450
Code. 9,451
(D)(1) No person knowingly shall place or recommend 9,453
placement of any person in an adult care facility that is 9,454
operating without a license. 9,455
(2) No employee of a unit of local or state government or 9,457
a community, BOARD OF ALCOHOL, DRUG ADDICTION, AND mental health 9,459
board or SERVICES, mental health agency, OR PASSPORT 9,461
ADMINISTRATIVE AGENCY shall place or recommend placement of any 9,462
person in an adult care facility if the employee knows that the 9,463
facility cannot meet the needs of the potential resident. 9,464
(3) No person who has reason to believe that an adult care 9,466
facility is operating without a license shall fail to report this 9,467
information to the director of health. 9,468
(E) NO ADULT CARE FACILITY SHALL ADMIT OR RETAIN ANY 9,470
RESIDENT IN NEED OF MENTAL HEALTH SERVICES UNLESS THE SERVICES 9,471
ARE PROVIDED BY A MENTAL HEALTH AGENCY OR A BOARD OF ALCOHOL, 9,472
DRUG ADDICTION, AND MENTAL HEALTH SERVICES. 9,473
216
(F) In accordance with Chapter 119. of the Revised Code, 9,476
the public health council shall adopt rules that define a 9,477
short-term illness for purposes of division (B)(3) of this 9,478
section and specify, consistent with rules pertaining to home 9,479
health care adopted by the director of human services under the 9,480
medical assistance program established under Chapter 5111. of the 9,481
Revised Code and Title XIX of the "Social Security Act," 49 Stat. 9,482
620 (1935), 42 U.S.C. 301, as amended, what constitutes a 9,483
part-time, intermittent basis for purposes of division (B)(1) of 9,484
this section. 9,485
Sec. 3734.02. (A) The director of environmental 9,494
protection, in accordance with Chapter 119. of the Revised Code, 9,495
shall adopt and may amend, suspend, or rescind rules having 9,496
uniform application throughout the state governing solid waste 9,497
facilities and the inspections of and issuance of permits and 9,498
licenses for all solid waste facilities in order to ensure that 9,499
the facilities will be located, maintained, and operated, and 9,500
will undergo closure and post-closure care, in a sanitary manner 9,501
so as not to create a nuisance, cause or contribute to water 9,502
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 9,503
or 40 C.F.R. 257.3-8, as amended. The rules may include, without 9,504
limitation, financial assurance requirements for closure and 9,505
post-closure care and corrective action and requirements for 9,506
taking corrective action in the event of the surface or 9,507
subsurface discharge or migration of explosive gases or leachate 9,508
from a solid waste facility, or of ground water contamination 9,509
resulting from the transfer or disposal of solid wastes at a 9,510
facility, beyond the boundaries of any area within a facility 9,511
that is operating or is undergoing closure or post-closure care 9,512
where solid wastes were disposed of or are being disposed of. 9,513
The rules shall not concern or relate to personnel policies, 9,514
salaries, wages, fringe benefits, or other conditions of 9,515
employment of employees of persons owning or operating solid 9,516
waste facilities. The director, in accordance with Chapter 119. 9,517
217
of the Revised Code, shall adopt and may amend, suspend, or 9,518
rescind rules governing the issuance, modification, revocation, 9,519
suspension, or denial of variances from the director's solid 9,520
waste rules, including, without limitation, rules adopted under 9,522
this chapter governing the management of scrap tires. 9,523
Variances shall be issued, modified, revoked, suspended, or 9,525
rescinded in accordance with this division, rules adopted under 9,526
it, and Chapter 3745. of the Revised Code. The director may 9,527
order the person to whom a variance is issued to take such action 9,528
within such time as the director may determine to be appropriate 9,529
and reasonable to prevent the creation of a nuisance or a hazard 9,530
to the public health or safety or the environment. Applications 9,531
for variances shall contain such detail plans, specifications, 9,532
and information regarding objectives, procedures, controls, and 9,533
other pertinent data as the director may require. The director 9,534
shall grant a variance only if the applicant demonstrates to the 9,535
director's satisfaction that construction and operation of the 9,536
solid waste facility in the manner allowed by the variance and 9,537
any terms or conditions imposed as part of the variance will not 9,538
create a nuisance or a hazard to the public health or safety or 9,539
the environment. In granting any variance, the director shall 9,540
state the specific provision or provisions whose terms are to be 9,541
varied and also shall state specific terms or conditions imposed 9,542
upon the applicant in place of the provision or provisions. The 9,543
director may hold a public hearing on an application for a 9,544
variance or renewal of a variance at a location in the county 9,545
where the operations that are the subject of the application for 9,546
the variance are conducted. The director shall give not less 9,547
than twenty days' notice of the hearing to the applicant by 9,548
certified mail and shall publish at least one notice of the 9,549
hearing in a newspaper with general circulation in the county 9,550
where the hearing is to be held. The director shall make 9,551
available for public inspection at the principal office of the 9,552
environmental protection agency a current list of pending 9,553
218
applications for variances and a current schedule of pending 9,554
variance hearings. The director shall make a complete 9,555
stenographic record of testimony and other evidence submitted at 9,556
the hearing. Within ten days after the hearing, the director 9,557
shall make a written determination to issue, renew, or deny the 9,558
variance and shall enter the determination and the basis for it 9,559
into the record of the hearing. The director shall issue, renew, 9,560
or deny an application for a variance or renewal of a variance 9,561
within six months of the date upon which the director receives a 9,562
complete application with all pertinent information and data 9,563
required. No variance shall be issued, revoked, modified, or 9,564
denied until the director has considered the relative interests 9,565
of the applicant, other persons and property affected by the 9,566
variance, and the general public. Any variance granted under 9,567
this division shall be for a period specified by the director and 9,568
may be renewed from time to time on such terms and for such 9,569
periods as the director determines to be appropriate. No 9,570
application shall be denied and no variance shall be revoked or 9,571
modified without a written order stating the findings upon which 9,572
the denial, revocation, or modification is based. A copy of the 9,573
order shall be sent to the applicant or variance holder by 9,574
certified mail. 9,575
(B) The director shall prescribe and furnish the forms 9,577
necessary to administer and enforce this chapter. The director 9,578
may cooperate with and enter into agreements with other state, 9,579
local, or federal agencies to carry out the purposes of this 9,580
chapter. The director may exercise all incidental powers 9,581
necessary to carry out the purposes of this chapter. 9,582
The director may use moneys in the infectious waste 9,584
management fund created in section 3734.021 of the Revised Code 9,585
exclusively for administering and enforcing the provisions of 9,586
this chapter governing the management of infectious wastes. Of 9,587
each registration and renewal fee collected under rules adopted 9,588
under division (A)(2)(a) of section 3734.021 or under section 9,589
219
3734.022 of the Revised Code, the director, within forty-five 9,590
days of its receipt, shall remit from the fund one-half of the 9,591
fee received to the board of health of the health district in 9,592
which the registered premises is located, or, in the instance of 9,593
an infectious wastes transporter, to the board of health of the 9,594
health district in which the transporter's principal place of 9,595
business is located. However, if the board of health having 9,596
jurisdiction over a registrant's premises or principal place of 9,597
business is not on the approved list under section 3734.08 of the 9,598
Revised Code, the director shall not make that payment to the 9,599
board of health. 9,600
(C) Except as provided in this division and division 9,602
DIVISIONS (N)(2) AND (3) of this section, no person shall 9,603
establish a new solid waste facility or infectious waste 9,605
treatment facility, or modify an existing solid waste facility or 9,606
infectious waste treatment facility, without submitting an 9,607
application for a permit with accompanying detail plans, 9,608
specifications, and information regarding the facility and method 9,609
of operation and receiving a permit issued by the director, 9,610
except that no permit shall be required under this division to 9,611
install or operate a solid waste facility for sewage sludge 9,612
treatment or disposal when the treatment or disposal is 9,613
authorized by a current permit issued under Chapter 3704. or 9,614
6111. of the Revised Code.
No person shall continue to operate a solid waste facility 9,616
for which the director has denied a permit for which an 9,617
application was required under division (A)(3) of section 3734.05 9,618
of the Revised Code, or for which the director has disapproved 9,619
plans and specifications required to be filed by an order issued 9,620
under division (A)(5) of that section, after the date prescribed 9,621
for commencement of closure of the facility in the order issued 9,622
under division (A)(6) of section 3734.05 of the Revised Code 9,623
denying the permit application or approval. 9,624
On and after the effective date of the rules adopted under 9,626
220
division (A) of this section and division (D) of section 3734.12 9,627
of the Revised Code governing solid waste transfer facilities, no 9,628
person shall establish a new, or modify an existing, solid waste 9,629
transfer facility without first submitting an application for a 9,630
permit with accompanying engineering detail plans, 9,631
specifications, and information regarding the facility and its 9,632
method of operation to the director and receiving a permit issued 9,633
by the director. 9,634
No person shall establish a new compost facility or 9,636
continue to operate an existing compost facility that accepts 9,637
exclusively source separated yard wastes without submitting a 9,638
completed registration for the facility to the director in 9,639
accordance with rules adopted under division DIVISIONS (A) AND 9,641
(N)(3) of this section.
This division does not apply to an infectious waste 9,643
treatment facility that meets any of the following conditions: 9,644
(1) Is owned or operated by the generator of the wastes 9,646
and exclusively treats, by methods, techniques, and practices 9,647
established by rules adopted under division (C)(1) or (3) of 9,648
section 3734.021 of the Revised Code, wastes that are generated 9,649
at any premises owned or operated by that generator regardless of 9,650
whether the wastes are generated on the premises where the 9,651
generator's treatment facility is located or, if the generator is 9,652
a hospital as defined in section 3727.01 of the Revised Code, 9,653
infectious wastes that are described in division (A)(1)(g), (h), 9,654
or (i) of section 3734.021 of the Revised Code; 9,655
(2) Holds a license or renewal of a license to operate a 9,657
crematory facility issued under Chapter 4717. and a permit issued 9,659
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, 9,661
or the blood of animals, and is subject to any of the following: 9,662
(a) Inspection under the "Federal Meat Inspection Act," 81 9,664
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 9,665
(b) Chapter 918. of the Revised Code; 9,667
221
(c) Chapter 953. of the Revised Code. 9,669
(D) Neither this chapter nor any rules adopted under it 9,671
apply to single-family residential premises; to infectious wastes 9,672
generated by individuals for purposes of their own care or 9,673
treatment that are disposed of with solid wastes from the 9,674
individual's residence; to the temporary storage of solid wastes, 9,675
other than scrap tires, prior to their collection for disposal; 9,676
to the storage of one hundred or fewer scrap tires unless they 9,677
are stored in such a manner that, in the judgment of the director 9,678
or the board of health of the health district in which the scrap 9,679
tires are stored, the storage causes a nuisance, a hazard to 9,680
public health or safety, or a fire hazard; or to the collection 9,681
of solid wastes, other than scrap tires, by a political 9,682
subdivision or a person holding a franchise or license from a 9,683
political subdivision of the state; to composting, as defined in 9,684
section 1511.01 of the Revised Code, conducted in accordance with 9,685
section 1511.022 of the Revised Code; or to any person who is 9,686
licensed to transport raw rendering material to a compost 9,687
facility pursuant to section 953.23 of the Revised Code. 9,688
(E)(1) As used in this division and section 3734.18 of the 9,690
Revised Code: 9,691
(a) "On-site facility" means a facility that stores, 9,693
treats, or disposes of hazardous waste that is generated on the 9,694
premises of the facility. 9,695
(b) "Off-site facility" means a facility that stores, 9,697
treats, or disposes of hazardous waste that is generated off the 9,698
premises of the facility and includes such a facility that is 9,699
also an on-site facility. 9,700
(c) "Satellite facility" means any of the following: 9,702
(i) An on-site facility that also receives hazardous waste 9,704
from other premises owned by the same person who generates the 9,705
waste on the facility premises; 9,706
(ii) An off-site facility operated so that all of the 9,708
hazardous waste it receives is generated on one or more premises 9,709
222
owned by the person who owns the facility; 9,710
(iii) An on-site facility that also receives hazardous 9,712
waste that is transported uninterruptedly and directly to the 9,713
facility through a pipeline from a generator who is not the owner 9,714
of the facility. 9,715
(2) Except as provided in division (E)(3) of this section, 9,718
no person shall establish or operate a hazardous waste facility, 9,719
or use a solid waste facility for the storage, treatment, or 9,720
disposal of any hazardous waste, without a hazardous waste 9,721
facility installation and operation permit from the hazardous 9,722
waste facility board issued in accordance with section 3734.05 of 9,723
the Revised Code and subject to the payment of an application fee 9,724
not to exceed one thousand five hundred dollars, payable upon 9,725
application for a hazardous waste facility installation and 9,726
operation permit and upon application for a renewal permit issued 9,727
under division (H) of section 3734.05 of the Revised Code, to be 9,728
credited to the hazardous waste facility management fund created 9,729
in section 3734.18 of the Revised Code. The term of a hazardous 9,730
waste facility installation and operation permit shall not exceed 9,731
five years.
In addition to the application fee, there is hereby levied 9,733
an annual permit fee to be paid by the permit holder upon the 9,734
anniversaries of the date of issuance of the hazardous waste 9,735
facility installation and operation permit and of any subsequent 9,736
renewal permits and to be credited to the hazardous waste 9,737
facility management fund. Annual permit fees totaling forty 9,738
thousand dollars or more for any one facility may be paid on a 9,739
quarterly basis with the first quarterly payment each year being 9,740
due on the anniversary of the date of issuance of the hazardous 9,741
waste facility installation and operation permit and of any 9,742
subsequent renewal permits. The annual permit fee shall be 9,743
determined for each permit holder by the director in accordance 9,744
with the following schedule: 9,745
TYPE OF BASIC 9,747
223
MANAGEMENT UNIT TYPE OF FACILITY FEE 9,749
Storage facility using: 9,750
Containers On-site, off-site, and 9,751
satellite $ 500 9,752
Tanks On-site, off-site, and 9,753
satellite 500 9,754
Waste pile On-site, off-site, and 9,755
satellite 3,000 9,756
Surface impoundment On-site and satellite 8,000 9,757
Off-site 10,000 9,758
Disposal facility using: 9,759
Deep well injection On-site and satellite 15,000 9,760
Off-site 25,000 9,761
Landfill On-site and satellite 25,000 9,762
Off-site 40,000 9,763
Land application On-site and satellite 2,500 9,764
Off-site 5,000 9,765
Surface impoundment On-site and satellite 10,000 9,766
Off-site 20,000 9,767
Treatment facility using: 9,768
Tanks On-site, off-site, and 9,769
satellite 700 9,770
Surface impoundment On-site and satellite 8,000 9,771
Off-site 10,000 9,772
Incinerator On-site and satellite 5,000 9,773
Off-site 9,774
Other forms 9,775
of treatment On-site, off-site, and 9,776
satellite 1,000 9,777
In determining the annual permit fee required by this 9,780
section, the director shall not require additional payments for 9,781
multiple units of the same method of storage, treatment, or 9,782
disposal or for individual units that are used for both storage 9,783
and treatment. A facility using more than one method of storage, 9,784
224
treatment, or disposal shall pay the permit fee indicated by the 9,785
schedule for each such method. 9,786
The director shall not require the payment of that portion 9,788
of an annual permit fee of any permit holder that would apply to 9,789
a hazardous waste management unit for which a permit has been 9,790
issued, but for which construction has not yet commenced. Once 9,791
construction has commenced, the director shall require the 9,792
payment of a part of the appropriate fee indicated by the 9,793
schedule that bears the same relationship to the total fee that 9,794
the number of days remaining until the next anniversary date at 9,795
which payment of the annual permit fee is due bears to three 9,796
hundred sixty-five. 9,797
The director, by rules adopted in accordance with Chapters 9,799
119. and 3745. of the Revised Code, shall prescribe procedures 9,800
for collecting the annual permit fee established by this division 9,801
and may prescribe other requirements necessary to carry out this 9,802
division. 9,803
(3) The prohibition against establishing or operating a 9,805
hazardous waste facility without a hazardous waste facility 9,807
installation and operation permit from the board does not apply 9,809
to either of the following:
(a) A facility that is operating in accordance with a 9,811
permit renewal issued under division (H) of section 3734.05 of 9,813
the Revised Code, a revision issued under division (I) of that 9,815
section as it existed prior to August 20, 1996, or a modification 9,817
issued by the director under division (I) of that section on and 9,818
after August 20, 1996; 9,819
(b) Except as provided in division (J) of section 3734.05 9,822
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 9,824
permit requirements, under rules adopted by the director. In 9,825
accordance with Chapter 119. of the Revised Code, the director 9,828
shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division (E)(3)(b) of this section. 9,830
225
Any rules so adopted shall be consistent with and equivalent to 9,831
regulations pertaining to interim status adopted under the 9,832
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 9,834
42 U.S.C.A. 6921, as amended, except as otherwise provided in 9,836
this chapter.
If a modification is requested or proposed for a facility 9,838
described in division (E)(3)(a) or (b) of this section, division 9,840
(I)(8) of section 3734.05 of the Revised Code applies. 9,841
(F) No person shall store, treat, or dispose of hazardous 9,843
waste identified or listed under this chapter and rules adopted 9,844
under it, regardless of whether generated on or off the premises 9,845
where the waste is stored, treated, or disposed of, or transport 9,846
or cause to be transported any hazardous waste identified or 9,847
listed under this chapter and rules adopted under it to any other 9,848
premises, except at or to any of the following: 9,849
(1) A hazardous waste facility operating under a permit 9,851
issued in accordance with this chapter; 9,852
(2) A facility in another state operating under a license 9,854
or permit issued in accordance with the "Resource Conservation 9,855
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 9,856
amended; 9,857
(3) A facility in another nation operating in accordance 9,859
with the laws of that nation; 9,860
(4) A facility holding a permit issued pursuant to Title I 9,862
of the "Marine Protection, Research, and Sanctuaries Act of 9,863
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; 9,864
(5) A hazardous waste facility as described in division 9,866
(E)(3)(a) or (b) of this section. 9,867
(G) The director, by order, may exempt any person 9,869
generating, collecting, storing, treating, disposing of, or 9,870
transporting solid wastes or hazardous waste, or processing solid 9,871
wastes that consist of scrap tires, in such quantities or under 9,872
such circumstances that, in the determination of the director, 9,873
are unlikely to adversely affect the public health or safety or 9,874
226
the environment from any requirement to obtain a registration 9,875
certificate, permit, or license or comply with the manifest 9,876
system or other requirements of this chapter. Such an exemption 9,877
shall be consistent with and equivalent to any regulations 9,878
adopted by the administrator of the United States environmental 9,879
protection agency under the "Resource Conservation and Recovery 9,880
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except 9,881
as otherwise provided in this chapter. 9,882
(H) No person shall engage in filling, grading, 9,884
excavating, building, drilling, or mining on land where a 9,885
hazardous waste facility, or a solid waste facility, was operated 9,886
without prior authorization from the director, who shall 9,887
establish the procedure for granting such authorization by rules 9,888
adopted in accordance with Chapter 119. of the Revised Code. 9,889
A public utility that has main or distribution lines above 9,891
or below the land surface located on an easement or right-of-way 9,892
across land where a solid waste facility was operated may engage 9,893
in any such activity within the easement or right-of-way without 9,894
prior authorization from the director for purposes of performing 9,895
emergency repair or emergency replacement of its lines; of the 9,896
poles, towers, foundations, or other structures supporting or 9,897
sustaining any such lines; or of the appurtenances to those 9,898
structures, necessary to restore or maintain existing public 9,899
utility service. A public utility may enter upon any such 9,900
easement or right-of-way without prior authorization from the 9,901
director for purposes of performing necessary or routine 9,902
maintenance of those portions of its existing lines; of the 9,903
existing poles, towers, foundations, or other structures 9,904
sustaining or supporting its lines; or of the appurtenances to 9,905
any such supporting or sustaining structure, located on or above 9,906
the land surface on any such easement or right-of-way. Within 9,907
twenty-four hours after commencing any such emergency repair, 9,908
replacement, or maintenance work, the public utility shall notify 9,910
the director or the director's authorized representative of those 9,911
227
activities and shall provide such information regarding those 9,912
activities as the director or the director's representative may 9,914
request. Upon completion of the emergency repair, replacement, 9,915
or maintenance activities, the public utility shall restore any 9,916
land of the solid waste facility disturbed by those activities to 9,917
the condition existing prior to the commencement of those 9,918
activities. 9,919
(I) No owner or operator of a hazardous waste facility, in 9,921
the operation of the facility, shall cause, permit, or allow the 9,922
emission therefrom of any particulate matter, dust, fumes, gas, 9,923
mist, smoke, vapor, or odorous substance that, in the opinion of 9,924
the director, unreasonably interferes with the comfortable 9,925
enjoyment of life or property by persons living or working in the 9,926
vicinity of the facility, or that is injurious to public health. 9,927
Any such action is hereby declared to be a public nuisance. 9,928
(J) Notwithstanding any other provision of this chapter, 9,930
in the event the director finds an imminent and substantial 9,931
danger to public health or safety or the environment that creates 9,932
an emergency situation requiring the immediate treatment, 9,933
storage, or disposal of hazardous waste, the director may issue a 9,934
temporary emergency permit to allow the treatment, storage, or 9,935
disposal of the hazardous waste at a facility that is not 9,936
otherwise authorized by a hazardous waste facility installation 9,937
and operation permit to treat, store, or dispose of the waste. 9,938
The emergency permit shall not exceed ninety days in duration and 9,939
shall not be renewed. The director shall adopt, and may amend, 9,940
suspend, or rescind, rules in accordance with Chapter 119. of the 9,941
Revised Code governing the issuance, modification, revocation, 9,942
and denial of emergency permits. 9,943
(K) No owner or operator of a sanitary landfill shall 9,945
knowingly accept for disposal, or dispose of, any infectious 9,946
wastes, other than those subject to division (A)(1)(c) of section 9,947
3734.021 of the Revised Code, that have not been treated to 9,948
render them noninfectious. For the purposes of this division, 9,949
228
certification by the owner or operator of the treatment facility 9,950
where the wastes were treated on the shipping paper required by 9,951
rules adopted under division (D)(2) of that section creates a 9,952
rebuttable presumption that the wastes have been so treated. 9,953
(L) The director, in accordance with Chapter 119. of the 9,955
Revised Code, shall adopt, and may amend, suspend, or rescind, 9,956
rules having uniform application throughout the state 9,957
establishing a training and certification program that shall be 9,958
required for employees of boards of health who are responsible 9,959
for enforcing the solid waste and infectious waste provisions of 9,960
this chapter and rules adopted under them and for persons who are 9,961
responsible for the operation of solid waste facilities or 9,962
infectious waste treatment facilities. The rules shall provide 9,963
all of the following, without limitation: 9,964
(1) The program shall be administered by the director and 9,966
shall consist of a course on new solid waste and infectious waste 9,967
technologies, enforcement procedures, and rules; 9,968
(2) The course shall be offered on an annual basis; 9,970
(3) Those persons who are required to take the course 9,972
under division (L) of this section shall do so triennially; 9,973
(4) Persons who successfully complete the course shall be 9,975
certified by the director; 9,976
(5) Certification shall be required for all employees of 9,978
boards of health who are responsible for enforcing the solid 9,979
waste or infectious waste provisions of this chapter and rules 9,980
adopted under them and for all persons who are responsible for 9,981
the operation of solid waste facilities or infectious waste 9,982
treatment facilities; 9,983
(6)(a) All employees of a board of health who, on the 9,985
effective date of the rules adopted under this division, are 9,986
responsible for enforcing the solid waste or infectious waste 9,987
provisions of this chapter and the rules adopted under them shall 9,988
complete the course and be certified by the director not later 9,989
than January 1, 1995; 9,990
229
(b) All employees of a board of health who, after the 9,992
effective date of the rules adopted under division (L) of this 9,994
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted 9,996
under them and who do not hold a current and valid certification 9,997
from the director at that time shall complete the course and be 9,998
certified by the director within two years after becoming 9,999
responsible for performing those activities. 10,000
No person shall fail to obtain the certification required 10,002
under this division. 10,003
(M) The director shall not issue a permit under section 10,005
3734.05 of the Revised Code to establish a solid waste facility, 10,006
or to modify a solid waste facility operating on December 21, 10,007
1988, in a manner that expands the disposal capacity or 10,008
geographic area covered by the facility, that is or is to be 10,009
located within the boundaries of a state park established or 10,010
dedicated under Chapter 1541. of the Revised Code, a state park 10,011
purchase area established under section 1541.02 of the Revised 10,012
Code, any unit of the national park system, or any property that 10,013
lies within the boundaries of a national park or recreation area, 10,014
but that has not been acquired or is not administered by the 10,015
secretary of the United States department of the interior, 10,016
located in this state, or any candidate area located in this 10,017
state and identified for potential inclusion in the national park 10,018
system in the edition of the "national park system plan" 10,019
submitted under paragraph (b) of section 8 of "The Act of August 10,020
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at 10,021
the time of filing of the application for the permit, unless the 10,022
facility or proposed facility is or is to be used exclusively for 10,023
the disposal of solid wastes generated within the park or 10,024
recreation area and the director determines that the facility or 10,025
proposed facility will not degrade any of the natural or cultural 10,026
resources of the park or recreation area. The director shall not 10,027
issue a variance under division (A) of this section and rules 10,028
230
adopted under it, or issue an exemption order under division (G) 10,029
of this section, that would authorize any such establishment or 10,030
expansion of a solid waste facility within the boundaries of any 10,031
such park or recreation area, state park purchase area, or 10,032
candidate area, other than a solid waste facility exclusively for 10,033
the disposal of solid wastes generated within the park or 10,034
recreation area when the director determines that the facility 10,035
will not degrade any of the natural or cultural resources of the 10,036
park or recreation area. 10,037
(N)(1) The rules adopted under division (A) of this 10,039
section, other than those governing variances, do not apply to 10,040
scrap tire collection, storage, monocell, monofill, and recovery 10,041
facilities. Those facilities are subject to and governed by 10,042
rules adopted under sections 3734.70 to 3734.73 of the Revised 10,043
Code, as applicable. 10,044
(2) Division (C) of this section does not apply to scrap 10,046
tire collection, storage, monocell, monofill, and recovery 10,047
facilities. The establishment and modification of those 10,048
facilities are subject to sections 3734.75 to 3734.78 and section 10,049
3734.81 of the Revised Code, as applicable. 10,050
(3) THE DIRECTOR MAY ADOPT, AMEND, SUSPEND, OR RESCIND 10,052
RULES UNDER DIVISION (A) OF THIS SECTION CREATING AN ALTERNATIVE 10,054
SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, OR 10,055
MODIFICATION OF A SOLID WASTE COMPOST FACILITY IN LIEU OF THE 10,056
REQUIREMENT THAT A PERSON SEEKING TO ESTABLISH, OPERATE, OR 10,057
MODIFY A SOLID WASTE COMPOST FACILITY APPLY FOR AND RECEIVE A 10,058
PERMIT UNDER DIVISION (C) OF THIS SECTION AND SECTION 3734.05 OF 10,059
THE REVISED CODE AND A LICENSE UNDER DIVISION (A)(1) OF THAT 10,061
SECTION. THE RULES MAY INCLUDE REQUIREMENTS GOVERNING, WITHOUT 10,062
LIMITATION, THE CLASSIFICATION OF SOLID WASTE COMPOST FACILITIES, 10,064
THE SUBMITTAL OF OPERATING RECORDS FOR SOLID WASTE COMPOST 10,065
FACILITIES, AND THE CREATION OF A REGISTRATION OR NOTIFICATION 10,066
SYSTEM IN LIEU OF THE ISSUANCE OF PERMITS AND LICENSES FOR SOLID 10,067
WASTE COMPOST FACILITIES. THE RULES SHALL SPECIFY THE 10,068
231
APPLICABILITY OF DIVISIONS (A)(1), (2)(a), (3), AND (4) OF 10,070
SECTION 3734.05 OF THE REVISED CODE TO A SOLID WASTE COMPOST 10,071
FACILITY.
Sec. 3734.05. (A)(1) Except as provided in divisions 10,080
(A)(4), (8), and (9) of this section, no person shall operate or 10,082
maintain a solid waste facility without a license issued under
this division by the board of health of the health district in 10,083
which the facility is located or by the director of environmental 10,084
protection when the health district in which the facility is 10,085
located is not on the approved list under section 3734.08 of the 10,086
Revised Code. 10,087
During the month of December, but before the first day of 10,089
January of the next year, every person proposing to continue to 10,090
operate an existing solid waste facility shall procure a license 10,091
under this division to operate the facility for that year from 10,092
the board of health of the health district in which the facility 10,093
is located or, if the health district is not on the approved list 10,094
under section 3734.08 of the Revised Code, from the director. 10,095
The application for such a license shall be submitted to the 10,096
board of health or to the director, as appropriate, on or before 10,097
the last day of September of the year preceding that for which 10,098
the license is sought. In addition to the application fee 10,099
prescribed in division (A)(2) of this section, a person who 10,100
submits an application after that date shall pay an additional 10,101
ten per cent of the amount of the application fee for each week 10,102
that the application is late. Late payment fees accompanying an 10,103
application submitted to the board of health shall be credited to 10,104
the special fund of the health district created in division (B) 10,105
of section 3734.06 of the Revised Code, and late payment fees 10,106
accompanying an application submitted to the director shall be 10,107
credited to the general revenue fund. A person who has received 10,108
a license, upon sale or disposition of a solid waste facility, 10,109
and upon consent of the board of health and the director, may 10,110
have the license transferred to another person. The board of 10,111
232
health or the director may include such terms and conditions in a 10,112
license or revision to a license as are appropriate to ensure 10,113
compliance with this chapter and rules adopted under it. The 10,114
terms and conditions may establish the authorized maximum daily 10,115
waste receipts for the facility. Limitations on maximum daily 10,116
waste receipts shall be specified in cubic yards of volume for 10,117
the purpose of regulating the design, construction, and operation 10,118
of solid waste facilities. Terms and conditions included in a 10,119
license or revision to a license by a board of health shall be 10,120
consistent with, and pertain only to the subjects addressed in, 10,121
the rules adopted under division (A) of section 3734.02 and 10,122
division (D) of section 3734.12 of the Revised Code. 10,123
(2)(a) Except as provided in divisions (A)(2)(b), (8), and 10,125
(9) of this section, each person proposing to open a new solid 10,127
waste facility or to modify an existing solid waste facility 10,128
shall submit an application for a permit with accompanying detail 10,129
plans and specifications to the environmental protection agency 10,130
for required approval under the rules adopted by the director 10,131
pursuant to division (A) of section 3734.02 of the Revised Code 10,132
and applicable rules adopted under division (D) of section 10,133
3734.12 of the Revised Code at least two hundred seventy days 10,134
before proposed operation of the facility and shall concurrently 10,135
make application for the issuance of a license under division 10,136
(A)(1) of this section with the board of health of the health 10,137
district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted 10,139
under division (A) of section 3734.02 of the Revised Code and 10,140
division (D) of section 3734.12 of the Revised Code governing 10,141
solid waste transfer facilities, each person proposing to open a 10,142
new solid waste transfer facility or to modify an existing solid 10,143
waste transfer facility shall submit an application for a permit 10,144
with accompanying engineering detail plans, specifications, and 10,145
information regarding the facility and its method of operation to 10,146
the environmental protection agency for required approval under 10,147
233
those rules at least two hundred seventy days before commencing 10,148
proposed operation of the facility and concurrently shall make 10,149
application for the issuance of a license under division (A)(1) 10,150
of this section with the board of health of the health district 10,151
in which the facility is located or proposed. 10,152
(c) Each application for a permit under division (A)(2)(a) 10,154
or (b) of this section shall be accompanied by a nonrefundable 10,155
application fee of four hundred dollars that shall be credited to 10,156
the general revenue fund. Each application for an annual license 10,157
under division (A)(1) or (2) of this section shall be accompanied 10,158
by a nonrefundable application fee of one hundred dollars. If 10,159
the application for an annual license is submitted to a board of 10,160
health on the approved list under section 3734.08 of the Revised 10,161
Code, the application fee shall be credited to the special fund 10,162
of the health district created in division (B) of section 3734.06 10,163
of the Revised Code. If the application for an annual license is 10,164
submitted to the director, the application fee shall be credited 10,165
to the general revenue fund. If a permit or license is issued, 10,166
the amount of the application fee paid shall be deducted from the 10,167
amount of the permit fee due under division (Q) of section 10,169
3745.11 of the Revised Code or the amount of the license fee due 10,170
under division (A)(1), (2), (3), or (4) of section 3734.06 of the 10,171
Revised Code. 10,172
(d) As used in divisions (A)(2)(d), (e), and (f) of this 10,174
section, "modify" means any of the following: 10,175
(i) Any increase of more than ten per cent in the total 10,177
capacity of a solid waste facility; 10,178
(ii) Any expansion of the limits of solid waste placement 10,180
at a solid waste facility; 10,181
(iii) Any increase in the depth of excavation at a solid 10,183
waste facility; 10,184
(iv) Any change in the technique of waste receipt or type 10,186
of waste received at a solid waste facility that may endanger 10,187
human health, as determined by the director by rules adopted in 10,188
234
accordance with Chapter 119. of the Revised Code. 10,189
Not later than thirty-five days after submitting an 10,191
application under division (A)(2)(a) or (b) of this section for a 10,192
permit to open a new or modify an existing solid waste facility, 10,193
the applicant, in conjunction with an officer or employee of the 10,194
environmental protection agency, shall hold a public meeting on 10,195
the application within the county in which the new or modified 10,196
solid waste facility is or is proposed to be located or within a 10,197
contiguous county. Not less than thirty days before holding the 10,198
public meeting on the application, the applicant shall publish 10,199
notice of the meeting in each newspaper of general circulation 10,200
that is published in the county in which the facility is or is 10,201
proposed to be located. If no newspaper of general circulation 10,202
is published in the county, the applicant shall publish the 10,203
notice in a newspaper of general circulation in the county. The 10,204
notice shall contain the date, time, and location of the public 10,205
meeting and a general description of the proposed new or modified 10,206
facility. Not later than five days after publishing the notice, 10,207
the applicant shall send by certified mail a copy of the notice 10,208
and the date the notice was published to the director and the 10,209
legislative authority of each municipal corporation, township, 10,210
and county, and to the chief executive officer of each municipal 10,211
corporation, in which the facility is or is proposed to be 10,212
located. At the public meeting, the applicant shall provide 10,213
information and describe the application and respond to comments 10,214
or questions concerning the application, and the officer or 10,215
employee of the agency shall describe the permit application 10,216
process. At the public meeting, any person may submit written or 10,217
oral comments on or objections to the application. Not more than 10,218
thirty days after the public meeting, the applicant shall provide 10,219
the director with a copy of a transcript of the full meeting, 10,220
copies of any exhibits, displays, or other materials presented by 10,221
the applicant at the meeting, and the original copy of any 10,222
written comments submitted at the meeting. 10,223
235
(e) Except as provided in division (A)(2)(f) of this 10,225
section, prior to taking an action, other than a proposed or 10,226
final denial, upon an application submitted under division 10,227
(A)(2)(a) of this section for a permit to open a new or modify an 10,228
existing solid waste facility, the director shall hold a public 10,229
information session and a public hearing on the application 10,230
within the county in which the new or modified solid waste 10,231
facility is or is proposed to be located or within a contiguous 10,232
county. If the application is for a permit to open a new solid 10,233
waste facility, the director shall hold the hearing not less than 10,234
fourteen days after the information session. If the application 10,235
is for a permit to modify an existing solid waste facility, the 10,236
director may hold both the information session and the hearing on 10,237
the same day unless any individual affected by the application 10,238
requests in writing that the information session and the hearing 10,239
not be held on the same day, in which case the director shall 10,240
hold the hearing not less than fourteen days after the 10,241
information session. The director shall publish notice of the 10,242
public information session or public hearing not less than thirty 10,243
days before holding the information session or hearing, as 10,244
applicable. The notice shall be published in each newspaper of 10,245
general circulation that is published in the county in which the 10,246
facility is or is proposed to be located. If no newspaper of 10,247
general circulation is published in the county, the director 10,248
shall publish the notice in a newspaper of general circulation in 10,249
the county. The notice shall contain the date, time, and 10,250
location of the information session or hearing, as applicable, 10,251
and a general description of the proposed new or modified 10,252
facility. At the public information session, an officer or 10,253
employee of the environmental protection agency shall describe 10,254
the status of the permit application and be available to respond 10,255
to comments or questions concerning the application. At the 10,256
public hearing, any person may submit written or oral comments on 10,257
or objections to the approval of the application. The applicant, 10,258
236
or a representative of the applicant who has knowledge of the 10,259
location, construction, and operation of the facility, shall 10,260
attend the information session and public hearing to respond to 10,261
comments or questions concerning the facility directed to the 10,262
applicant or representative by the officer or employee of the 10,264
environmental protection agency presiding at the information 10,265
session and hearing.
(f) The solid waste management policy committee of a 10,267
county or joint solid waste management district may adopt a 10,268
resolution requesting expeditious consideration of a specific 10,269
application submitted under division (A)(2)(a) of this section 10,270
for a permit to modify an existing solid waste facility within 10,271
the district. The resolution shall make the finding that 10,272
expedited consideration of the application without the public 10,273
information session and public hearing under division (A)(2)(e) 10,274
of this section is in the public interest and will not endanger 10,275
human health, as determined by the director by rules adopted in 10,276
accordance with Chapter 119. of the Revised Code. Upon receiving 10,277
such a resolution, the director, at the director's discretion, 10,279
may issue a final action upon the application without holding a 10,280
public information session or public hearing pursuant to division 10,281
(A)(2)(e) of this section. 10,282
(3) Except as provided in division (A)(10) of this 10,284
section, and unless the owner or operator of any solid waste 10,285
facility, other than a solid waste transfer facility or a compost 10,286
facility that accepts exclusively source separated yard wastes, 10,287
that commenced operation on or before July 1, 1968, has obtained 10,288
an exemption from the requirements of division (A)(3) of this 10,289
section in accordance with division (G) of section 3734.02 of the 10,290
Revised Code, the owner or operator shall submit to the director 10,292
an application for a permit with accompanying engineering detail 10,293
plans, specifications, and information regarding the facility and 10,294
its method of operation for approval under rules adopted under 10,295
division (A) of section 3734.02 of the Revised Code and 10,296
237
applicable rules adopted under division (D) of section 3734.12 of 10,297
the Revised Code in accordance with the following schedule: 10,298
(a) Not later than September 24, 1988, if the facility is 10,300
located in the city of Garfield Heights or Parma in Cuyahoga 10,301
county; 10,302
(b) Not later than December 24, 1988, if the facility is 10,304
located in Delaware, Greene, Guernsey, Hamilton, Madison, 10,305
Mahoning, Ottawa, or Vinton county; 10,306
(c) Not later than March 24, 1989, if the facility is 10,308
located in Champaign, Clinton, Columbiana, Huron, Paulding, 10,309
Stark, or Washington county, or is located in the city of 10,310
Brooklyn or Cuyahoga Heights in Cuyahoga county; 10,311
(d) Not later than June 24, 1989, if the facility is 10,313
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 10,314
Lucas, or Summit county or is located in Cuyahoga county outside 10,315
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga 10,316
Heights; 10,317
(e) Not later than September 24, 1989, if the facility is 10,319
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 10,320
county; 10,321
(f) Not later than December 24, 1989, if the facility is 10,323
located in a county not listed in divisions (A)(3)(a) to (e) of 10,324
this section; 10,325
(g) Notwithstanding divisions (A)(3)(a) to (f) of this 10,327
section, not later than December 31, 1990, if the facility is a 10,328
solid waste facility owned by a generator of solid wastes when 10,329
the solid waste facility exclusively disposes of solid wastes 10,330
generated at one or more premises owned by the generator 10,331
regardless of whether the facility is located on a premises where 10,332
the wastes are generated and if the facility disposes of more 10,333
than one hundred thousand tons of solid wastes per year, provided 10,334
that any such facility shall be subject to division (A)(5) of 10,335
this section. 10,336
(4) Except as provided in divisions (A)(8), (9), and (10) 10,338
238
of this section, unless the owner or operator of any solid waste 10,340
facility for which a permit was issued after July 1, 1968, but 10,341
before January 1, 1980, has obtained an exemption from the 10,342
requirements of division (A)(4) of this section under division 10,343
(G) of section 3734.02 of the Revised Code, the owner or operator 10,345
shall submit to the director an application for a permit with 10,346
accompanying engineering detail plans, specifications, and 10,347
information regarding the facility and its method of operation 10,348
for approval under those rules. 10,349
(5) The director may issue an order in accordance with 10,351
Chapter 3745. of the Revised Code to the owner or operator of a 10,352
solid waste facility requiring the person to submit to the 10,353
director updated engineering detail plans, specifications, and 10,354
information regarding the facility and its method of operation 10,355
for approval under rules adopted under division (A) of section 10,356
3734.02 of the Revised Code and applicable rules adopted under 10,357
division (D) of section 3734.12 of the Revised Code if, in the 10,358
director's judgment, conditions at the facility constitute a 10,359
substantial threat to public health or safety or are causing or 10,360
contributing to or threatening to cause or contribute to air or 10,361
water pollution or soil contamination. Any person who receives 10,362
such an order shall submit the updated engineering detail plans, 10,363
specifications, and information to the director within one 10,364
hundred eighty days after the effective date of the order. 10,365
(6) The director shall act upon an application submitted 10,367
under division (A)(3) or (4) of this section and any updated 10,368
engineering plans, specifications, and information submitted 10,369
under division (A)(5) of this section within one hundred eighty 10,370
days after receiving them. If the director denies any such 10,371
permit application, the order denying the application or 10,373
disapproving the plans shall include the requirements that the 10,374
owner or operator submit a plan for closure and post-closure care 10,375
of the facility to the director for approval within six months 10,376
after issuance of the order, cease accepting solid wastes for 10,377
239
disposal or transfer at the facility, and commence closure of the 10,378
facility not later than one year after issuance of the order. If 10,379
the director determines that closure of the facility within that 10,380
one-year period would result in the unavailability of sufficient 10,381
solid waste management facility capacity within the county or 10,382
joint solid waste management district in which the facility is 10,383
located to dispose of or transfer the solid waste generated 10,384
within the district, the director in the order of denial or 10,386
disapproval may postpone commencement of closure of the facility 10,387
for such period of time as the director finds necessary for the 10,388
board of county commissioners or directors of the district to 10,390
secure access to or for there to be constructed within the 10,391
district sufficient solid waste management facility capacity to 10,392
meet the needs of the district, provided that the director shall 10,393
certify in the director's order that postponing the date for 10,394
commencement of closure will not endanger ground water or any 10,395
property surrounding the facility, allow methane gas migration to 10,396
occur, or cause or contribute to any other type of environmental 10,397
damage.
If an emergency need for disposal capacity that may affect 10,399
public health and safety exists as a result of closure of a 10,400
facility under division (A)(6) of this section, the director may 10,401
issue an order designating another solid waste facility to accept 10,402
the wastes that would have been disposed of at the facility to be 10,403
closed. 10,404
(7) If the director determines that standards more 10,406
stringent than those applicable in rules adopted under division 10,407
(A) of section 3734.02 of the Revised Code and division (D) of 10,408
section 3734.12 of the Revised Code, or standards pertaining to 10,409
subjects not specifically addressed by those rules, are necessary 10,410
to ensure that a solid waste facility constructed at the proposed 10,411
location will not cause a nuisance, cause or contribute to water 10,412
pollution, or endanger public health or safety, the director may 10,414
issue a permit for the facility with such terms and conditions as 10,415
240
the director finds necessary to protect public health and safety 10,416
and the environment. If a permit is issued, the director shall 10,418
state in the order issuing it the specific findings supporting 10,419
each such term or condition. 10,420
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section 10,422
do not apply to a solid waste compost facility that accepts 10,423
exclusively source separated yard wastes and that is registered 10,424
under division (C) of section 3734.02 of the Revised Code OR, 10,426
UNLESS OTHERWISE PROVIDED IN RULES ADOPTED UNDER DIVISION (N)(3) 10,427
OF SECTION 3734.02 OF THE REVISED CODE, TO A SOLID WASTE COMPOST 10,428
FACILITY IF THE DIRECTOR HAS ADOPTED RULES ESTABLISHING AN 10,429
ALTERNATIVE SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, 10,430
OR MODIFICATION OF A SOLID WASTE COMPOST FACILITY UNDER THAT 10,431
DIVISION. 10,432
(9) Divisions (A)(1) to (7) of this section do not apply 10,434
to scrap tire collection, storage, monocell, monofill, and 10,435
recovery facilities. The approval of plans and specifications, 10,436
as applicable, and the issuance of registration certificates, 10,437
permits, and licenses for those facilities are subject to 10,438
sections 3734.75 to 3734.78 of the Revised Code, as applicable, 10,439
and section 3734.81 of the Revised Code. 10,440
(10) Divisions (A)(3) and (4) of this section do not apply 10,442
to a solid waste incinerator that was placed into operation on or 10,444
before October 12, 1994, and that is not authorized to accept and 10,445
treat infectious wastes pursuant to division (B) of this section. 10,447
(B)(1) Each person who is engaged in the business of 10,449
treating infectious wastes for profit at a treatment facility 10,450
located off the premises where the wastes are generated that is 10,451
in operation on August 10, 1988, and who proposes to continue 10,452
operating the facility shall submit to the board of health of the 10,453
health district in which the facility is located an application 10,454
for a license to operate the facility. 10,455
Thereafter, no person shall operate or maintain an 10,457
infectious waste treatment facility without a license issued by 10,458
241
the board of health of the health district in which the facility 10,459
is located or by the director when the health district in which 10,461
the facility is located is not on the approved list under section 10,462
3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first 10,464
day of January of the next year, every person proposing to 10,465
continue to operate an existing infectious waste treatment 10,466
facility shall procure a license to operate the facility for that 10,467
year from the board of health of the health district in which the 10,468
facility is located or, if the health district is not on the 10,469
approved list under section 3734.08 of the Revised Code, from the 10,470
director. The application for such a license shall be submitted 10,471
to the board of health or to the director, as appropriate, on or 10,472
before the last day of September of the year preceding that for 10,473
which the license is sought. In addition to the application fee 10,474
prescribed in division (B)(2)(c) of this section, a person who 10,475
submits an application after that date shall pay an additional 10,476
ten per cent of the amount of the application fee for each week 10,477
that the application is late. Late payment fees accompanying an 10,478
application submitted to the board of health shall be credited to 10,479
the special infectious waste fund of the health district created 10,480
in division (C) of section 3734.06 of the Revised Code, and late 10,481
payment fees accompanying an application submitted to the 10,482
director shall be credited to the general revenue fund. A person 10,483
who has received a license, upon sale or disposition of an 10,484
infectious waste treatment facility and upon consent of the board 10,485
of health and the director, may have the license transferred to 10,486
another person. The board of health or the director may include 10,487
such terms and conditions in a license or revision to a license 10,488
as are appropriate to ensure compliance with the infectious waste 10,489
provisions of this chapter and rules adopted under them. 10,490
(b) Each person proposing to open a new infectious waste 10,492
treatment facility or to modify an existing infectious waste 10,493
treatment facility shall submit an application for a permit with 10,494
242
accompanying detail plans and specifications to the environmental 10,495
protection agency for required approval under the rules adopted 10,496
by the director pursuant to section 3734.021 of the Revised Code 10,497
two hundred seventy days before proposed operation of the 10,498
facility and concurrently shall make application for a license 10,499
with the board of health of the health district in which the 10,500
facility is or is proposed to be located. Not later than ninety 10,501
days after receiving a completed application under division 10,502
(B)(2)(b) of this section for a permit to open a new infectious 10,503
waste treatment facility or modify an existing infectious waste 10,504
treatment facility to expand its treatment capacity, or receiving 10,505
a completed application under division (A)(2)(a) of this section 10,506
for a permit to open a new solid waste incineration facility, or 10,507
modify an existing solid waste incineration facility to also 10,508
treat infectious wastes or to increase its infectious waste 10,509
treatment capacity, that pertains to a facility for which a 10,510
notation authorizing infectious waste treatment is included or 10,511
proposed to be included in the solid waste incineration 10,512
facility's license pursuant to division (B)(3) of this section, 10,513
the director shall hold a public hearing on the application 10,514
within the county in which the new or modified infectious waste 10,515
or solid waste facility is or is proposed to be located or within 10,516
a contiguous county. Not less than thirty days before holding 10,517
the public hearing on the application, the director shall publish 10,518
notice of the hearing in each newspaper that has general 10,519
circulation and that is published in the county in which the 10,520
facility is or is proposed to be located. If there is no 10,521
newspaper that has general circulation and that is published in 10,522
the county, the director shall publish the notice in a newspaper 10,523
of general circulation in the county. The notice shall contain 10,524
the date, time, and location of the public hearing and a general 10,525
description of the proposed new or modified facility. At the 10,526
public hearing, any person may submit written or oral comments on 10,527
or objections to the approval or disapproval of the application. 10,528
243
The applicant, or a representative of the applicant who has 10,529
knowledge of the location, construction, and operation of the 10,530
facility, shall attend the public hearing to respond to comments 10,531
or questions concerning the facility directed to the applicant or 10,533
representative by the officer or employee of the environmental 10,534
protection agency presiding at the hearing. 10,535
(c) Each application for a permit under division (B)(2)(b) 10,537
of this section shall be accompanied by a nonrefundable 10,538
application fee of four hundred dollars that shall be credited to 10,539
the general revenue fund. Each application for an annual license 10,540
under division (B)(2)(a) of this section shall be accompanied by 10,541
a nonrefundable application fee of one hundred dollars. If the 10,542
application for an annual license is submitted to a board of 10,543
health on the approved list under section 3734.08 of the Revised 10,544
Code, the application fee shall be credited to the special 10,545
infectious waste fund of the health district created in division 10,546
(C) of section 3734.06 of the Revised Code. If the application 10,547
for an annual license is submitted to the director, the 10,548
application fee shall be credited to the general revenue fund. 10,549
If a permit or license is issued, the amount of the application 10,551
fee paid shall be deducted from the amount of the permit fee due 10,552
under division (Q) of section 3745.11 of the Revised Code or the 10,555
amount of the license fee due under division (C) of section 10,556
3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste 10,558
treatment facility that commenced operation on or before July 1, 10,559
1968, shall submit to the director an application for a permit 10,560
with accompanying engineering detail plans, specifications, and 10,561
information regarding the facility and its method of operation 10,562
for approval under rules adopted under section 3734.021 of the 10,563
Revised Code in accordance with the following schedule: 10,564
(i) Not later than December 24, 1988, if the facility is 10,566
located in Delaware, Greene, Guernsey, Hamilton, Madison, 10,567
Mahoning, Ottawa, or Vinton county; 10,568
244
(ii) Not later than March 24, 1989, if the facility is 10,570
located in Champaign, Clinton, Columbiana, Huron, Paulding, 10,571
Stark, or Washington county, or is located in the city of 10,572
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; 10,573
(iii) Not later than June 24, 1989, if the facility is 10,575
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 10,576
Lucas, or Summit county or is located in Cuyahoga county outside 10,577
the cities of Brooklyn, Cuyahoga Heights, and Parma; 10,578
(iv) Not later than September 24, 1989, if the facility is 10,580
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 10,581
county; 10,582
(v) Not later than December 24, 1989, if the facility is 10,584
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 10,585
of this section. 10,586
The owner or operator of an infectious waste treatment 10,588
facility required to submit a permit application under division 10,589
(B)(2)(d) of this section is not required to pay any permit 10,590
application fee under division (B)(2)(c) of this section, or 10,591
permit fee under division (Q) of section 3745.11 of the Revised 10,594
Code, with respect thereto unless the owner or operator also 10,595
proposes to modify the facility.
(e) The director may issue an order in accordance with 10,597
Chapter 3745. of the Revised Code to the owner or operator of an 10,598
infectious waste treatment facility requiring the person to 10,599
submit to the director updated engineering detail plans, 10,600
specifications, and information regarding the facility and its 10,601
method of operation for approval under rules adopted under 10,602
section 3734.021 of the Revised Code if, in the director's 10,603
judgment, conditions at the facility constitute a substantial 10,604
threat to public health or safety or are causing or contributing 10,605
to or threatening to cause or contribute to air or water 10,606
pollution or soil contamination. Any person who receives such an 10,607
order shall submit the updated engineering detail plans, 10,608
specifications, and information to the director within one 10,609
245
hundred eighty days after the effective date of the order. 10,610
(f) The director shall act upon an application submitted 10,612
under division (B)(2)(d) of this section and any updated 10,613
engineering plans, specifications, and information submitted 10,614
under division (B)(2)(e) of this section within one hundred 10,615
eighty days after receiving them. If the director denies any 10,616
such permit application or disapproves any such updated 10,617
engineering plans, specifications, and information, the director 10,619
shall include in the order denying the application or 10,620
disapproving the plans the requirement that the owner or operator 10,621
cease accepting infectious wastes for treatment at the facility. 10,622
(3) Division (B) of this section does not apply to an 10,624
infectious waste treatment facility that meets any of the 10,625
following conditions: 10,626
(a) Is owned or operated by the generator of the wastes 10,628
and exclusively treats, by methods, techniques, and practices 10,629
established by rules adopted under division (C)(1) or (3) of 10,630
section 3734.021 of the Revised Code, wastes that are generated 10,631
at any premises owned or operated by that generator regardless of 10,632
whether the wastes are generated on the same premises where the 10,633
generator's treatment facility is located or, if the generator is 10,634
a hospital as defined in section 3727.01 of the Revised Code, 10,635
infectious wastes that are described in division (A)(1)(g), (h), 10,636
or (i) of section 3734.021 of the Revised Code; 10,637
(b) Holds a license or renewal of a license to operate a 10,639
crematory facility issued under Chapter 4717. and a permit issued 10,641
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, 10,643
or the blood of animals, and is subject to any of the following: 10,644
(i) Inspection under the "Federal Meat Inspection Act," 81 10,646
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 10,647
(ii) Chapter 918. of the Revised Code; 10,649
(iii) Chapter 953. of the Revised Code. 10,651
Nothing in division (B) of this section requires a facility 10,653
246
that holds a license issued under division (A) of this section as 10,654
a solid waste facility and that also treats infectious wastes by 10,655
the same method, technique, or process to obtain a license under 10,656
division (B) of this section as an infectious waste treatment 10,657
facility. However, the solid waste facility license for the 10,658
facility shall include the notation that the facility also treats 10,659
infectious wastes. 10,660
On and after the effective date of the amendments to the 10,662
rules adopted under division (C)(2) of section 3734.021 of the 10,663
Revised Code that are required by Section 6 of Substitute House 10,664
Bill No. 98 of the 120th General Assembly, the director shall not 10,666
issue a permit to open a new solid waste incineration facility 10,667
unless the proposed facility complies with the requirements for 10,668
the location of new infectious waste incineration facilities 10,669
established in the required amendments to those rules. 10,670
(C) Except for a facility or activity described in 10,672
division (E)(3) of section 3734.02 of the Revised Code, a person 10,674
who proposes to establish or operate a hazardous waste facility 10,675
shall submit an application for a hazardous waste facility 10,677
installation and operation permit and accompanying detail plans, 10,678
specifications, and such information as the director may require 10,679
to the environmental protection agency, except as provided in 10,680
division (E)(2) of this section, at least one hundred eighty days 10,681
before the proposed beginning of operation of the facility. The 10,682
applicant shall notify by certified mail the legislative 10,683
authority of each municipal corporation, township, and county in 10,684
which the facility is proposed to be located of the submission of 10,685
the application within ten days after the submission or at such 10,686
earlier time as the director may establish by rule. If the 10,687
application is for a proposed new hazardous waste disposal or 10,688
thermal treatment facility, the applicant also shall give actual 10,689
notice of the general design and purpose of the facility to the 10,690
legislative authority of each municipal corporation, township, 10,691
and county in which the facility is proposed to be located at 10,693
247
least ninety days before the permit application is submitted to 10,694
the environmental protection agency.
(D)(1) There is hereby created the hazardous waste 10,696
facility board, composed of the director of environmental 10,697
protection who shall serve as chairperson, the director of 10,698
natural resources, and the chairperson of the Ohio water 10,700
development authority, or their respective designees, and one 10,701
chemical engineer and one geologist who each shall be employed by 10,702
a state university as defined in section 3345.011 of the Revised 10,703
Code. The chemical engineer and geologist each shall be 10,704
appointed by the governor, with the advice and consent of the 10,705
senate, for a term of two years. The chemical engineer and 10,706
geologist each shall receive as compensation five thousand 10,707
dollars per year, plus expenses necessarily incurred in the 10,709
performance of their duties.
The board shall not issue any final order without the 10,711
consent of at least three members. 10,712
(2) The hazardous waste facility board shall do both of 10,715
the following: 10,716
(a) Pursuant to Chapter 119. of the Revised Code, adopt 10,718
rules governing procedure to be followed in hearings before the 10,720
board; 10,721
(b) Except as provided in section 3734.123 of the Revised 10,723
Code, approve or disapprove applications for a hazardous waste 10,724
facility installation and operation permit for new facilities and 10,725
applications for modifications to existing permits for which the 10,726
board has jurisdiction as provided in division (I)(3) of this 10,727
section.
(3) Except as provided in section 3734.123 of the Revised 10,729
Code, upon receipt of the completed application for a hazardous 10,730
waste facility installation and operation permit and a 10,731
preliminary determination by the staff of the environmental 10,732
protection agency that the application appears to comply with 10,733
agency rules and to meet the performance standards set forth in 10,734
248
divisions (D), (I), and (J) of section 3734.12 of the Revised 10,735
Code, the director shall transmit the application to the board, 10,738
which shall do all of the following: 10,739
(a) Promptly fix a date for a public hearing on the 10,741
application, not fewer than sixty nor more than ninety days after 10,742
receipt of the completed application. At the public hearing, any 10,743
person may submit written or oral comments or objections to the 10,744
approval or disapproval of the application. A representative of 10,745
the applicant who has knowledge of the location, construction, 10,746
operation, closure, and post-closure care, if applicable, of the 10,747
facility shall attend the public hearing in order to respond to 10,748
comments or questions concerning the facility directed to the 10,749
representative by the presiding officer. 10,750
(b) Give public notice of the date of the public hearing 10,752
and a summary of the application in a newspaper having general 10,753
circulation in the county in which the facility is proposed to be 10,754
located. The notice shall contain, at a minimum, the date, time, 10,755
and location of the public hearing and shall include the location 10,757
and street address of, or the nearest intersection to, the 10,758
proposed facility, a description of the proposed facility, and 10,759
the location where copies of the application, a short statement 10,760
by the applicant of the anticipated environmental impact of the 10,761
facility, and a map of the facility are available for inspection. 10,762
(c) Promptly fix a date for an adjudication hearing, not 10,764
fewer than ninety nor more than one hundred twenty days after 10,765
receipt of the completed application, at which hearing the board 10,766
shall hear and decide all disputed issues between the parties 10,767
respecting the approval or disapproval of the application. 10,768
(4) The parties to any adjudication hearing before the 10,770
board upon a completed application shall be the following: 10,771
(a) The applicant; 10,773
(b) The staff of the environmental protection agency; 10,775
(c) The board of county commissioners of the county, the 10,777
board of township trustees of the township, and the chief 10,778
249
executive officer of the municipal corporation in which the 10,779
facility is proposed to be located; 10,780
(d) Any other person who would be aggrieved or adversely 10,782
affected by the proposed facility and who files a petition to 10,783
intervene in the adjudication hearing not later than thirty days 10,784
after the date of publication of the notice required in division 10,785
(D)(3)(b) of this section if the petition is granted by the board 10,787
for good cause shown. The board may allow intervention by other 10,788
aggrieved or adversely affected persons up to fifteen days prior 10,789
to the date of the adjudication hearing for good cause shown when 10,790
the intervention would not be unduly burdensome to or cause a 10,791
delay in the permitting process.
(5) The hazardous waste facility board shall conduct any 10,793
adjudication hearing upon disputed issues in accordance with 10,794
Chapter 119. of the Revised Code and the rules of the board 10,795
governing the procedure of such hearings. Each party may call 10,796
and examine witnesses and submit other evidence respecting the 10,797
disputed issues presented by an application. A written record 10,798
shall be made of the hearing and of all testimony and evidence 10,799
submitted to the board. 10,800
(6) The board shall not approve an application for a 10,802
hazardous waste facility installation and operation permit unless 10,803
it finds and determines as follows: 10,804
(a) The nature and volume of the waste to be treated, 10,806
stored, or disposed of at the facility; 10,807
(b) That the facility complies with the director's 10,809
hazardous waste standards adopted pursuant to section 3734.12 of 10,810
the Revised Code; 10,811
(c) That the facility represents the minimum adverse 10,813
environmental impact, considering the state of available 10,814
technology and the nature and economics of various alternatives, 10,815
and other pertinent considerations; 10,816
(d) That the facility represents the minimum risk of all 10,818
of the following: 10,819
250
(i) Contamination of ground and surface waters; 10,821
(ii) Fires or explosions from treatment, storage, or 10,823
disposal methods; 10,824
(iii) Accident during transportation of hazardous waste to 10,826
or from the facility; 10,827
(iv) Impact on the public health and safety; 10,829
(v) Air pollution; 10,831
(vi) Soil contamination. 10,833
(e) That the facility will comply with Chapters 3704., 10,835
3734., and 6111. of the Revised Code and all rules and standards 10,836
adopted under those chapters; 10,837
(f) That if the owner of the facility, the operator of the 10,839
facility, or any other person in a position with the facility 10,840
from which the person may influence the installation and 10,841
operation of the facility has been involved in any prior activity 10,843
involving transportation, treatment, storage, or disposal of 10,844
hazardous waste, that person has a history of compliance with 10,845
Chapters 3704., 3734., and 6111. of the Revised Code and all 10,846
rules and standards adopted under those chapters, the "Resource 10,847
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 10,848
U.S.C.A. 6921, as amended, and all regulations adopted under it, 10,849
and similar laws and rules of other states if any such prior 10,850
operation was located in another state that demonstrates 10,851
sufficient reliability, expertise, and competency to operate a 10,852
hazardous waste facility under the applicable provisions of 10,853
Chapters 3704., 3734., and 6111. of the Revised Code, the 10,854
applicable rules and standards adopted under those chapters, and 10,855
terms and conditions of a hazardous waste facility installation 10,856
and operation permit, given the potential for harm to the public 10,857
health and safety and the environment that could result from the 10,858
irresponsible operation of the facility; 10,859
(g) That the active areas within a new hazardous waste 10,861
facility where acute hazardous waste as listed in 40 C.F.R. 10,862
261.33 (e), as amended, or organic waste that is toxic and is 10,863
251
listed under 40 C.F.R. 261, as amended, is being stored, treated, 10,864
or disposed of and where the aggregate of the storage design 10,865
capacity and the disposal design capacity of all hazardous waste 10,866
in those areas is greater than two hundred fifty thousand 10,867
gallons, are not located or operated within any of the following: 10,868
(i) Two thousand feet of any residence, school, hospital, 10,870
jail, or prison; 10,871
(ii) Any naturally occurring wetland; 10,873
(iii) Any flood hazard area if the applicant cannot show 10,875
that the facility will be designed, constructed, operated, and 10,876
maintained to prevent washout by a one-hundred-year flood or that 10,877
procedures will be in effect to remove the waste before flood 10,878
waters can reach it. 10,879
Division (D)(6)(g) of this section does not apply to the 10,881
facility of any applicant who demonstrates to the board that the 10,882
limitations specified in that division are not necessary because 10,883
of the nature or volume of the waste and the manner of management 10,884
applied, the facility will impose no substantial danger to the 10,885
health and safety of persons occupying the structures listed in 10,886
division (D)(6)(g)(i) of this section, and the facility is to be 10,887
located or operated in an area where the proposed hazardous waste 10,888
activities will not be incompatible with existing land uses in 10,889
the area. 10,890
(h) That the facility will not be located within the 10,892
boundaries of a state park established or dedicated under Chapter 10,893
1541. of the Revised Code, a state park purchase area established 10,894
under section 1541.02 of the Revised Code, any unit of the 10,895
national park system, or any property that lies within the 10,896
boundaries of a national park or recreation area, but that has 10,897
not been acquired or is not administered by the secretary of the 10,898
United States department of the interior, located in this state, 10,899
or any candidate area located in this state identified for 10,900
potential inclusion in the national park system in the edition of 10,901
the "national park system plan" submitted under paragraph (b) of 10,902
252
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 10,903
U.S.C.A. 1a-5, as amended, current at the time of filing of the 10,904
application for the permit, unless the facility will be used 10,905
exclusively for the storage of hazardous waste generated within 10,906
the park or recreation area in conjunction with the operation of 10,907
the park or recreation area. Division (D)(6)(h) of this section 10,908
does not apply to the facility of any applicant for modification 10,909
of a permit unless the modification application proposes to 10,910
increase the land area included in the facility or to increase 10,911
the quantity of hazardous waste that will be treated, stored, or 10,912
disposed of at the facility. 10,913
In rendering a decision upon an application for a hazardous 10,915
waste facility installation and operation permit, the board shall 10,916
issue a written order and opinion, which shall include the 10,917
specific findings of fact and conclusions of law that support the 10,920
board's approval or disapproval of the application.
If the board approves an application for a hazardous waste 10,922
facility installation and operation permit, as a part of its 10,923
written order, it shall issue the permit, upon such terms and 10,924
conditions as the board finds are necessary to ensure the 10,925
construction and operation of the hazardous waste facility in 10,926
accordance with the standards of this section. 10,927
(7) Any party adversely affected by an order of the 10,929
hazardous waste facility board may appeal the order and decision 10,930
of the board to the court of appeals of Franklin county. An 10,931
appellant shall file with the board a notice of appeal, which 10,932
shall designate the order appealed from. A copy of the notice 10,933
also shall be filed by the appellant with the court, and a copy 10,934
shall be sent by certified mail to each party to the adjudication 10,935
hearing before the board. Such notices shall be filed and mailed 10,936
within thirty days after the date upon which the appellant 10,937
received notice from the board by certified mail of the making of 10,938
the order appealed from. No appeal bond shall be required to 10,939
make an appeal effective. 10,940
253
The filing of a notice of appeal shall not operate 10,942
automatically as a suspension of the order of the board. If it 10,943
appears to the court that an unjust hardship to the appellant 10,944
will result from the execution of the board's order pending 10,945
determination of the appeal, the court may grant a suspension of 10,946
the order and fix its terms. 10,947
Within twenty days after receipt of the notice of appeal, 10,949
the board shall prepare and file in the court the complete record 10,950
of proceedings out of which the appeal arises, including any 10,951
transcript of the testimony and any other evidence that has been 10,952
submitted before the board. The expense of preparing and 10,953
transcribing the record shall be taxed as a part of the costs of 10,954
the appeal. The appellant, other than the state or a political 10,955
subdivision, an agency of either, or any officer of the appellant 10,956
acting in the officer's representative capacity, shall provide 10,958
security for costs satisfactory to the court considering the 10,959
respective interests of the parties and the public interest. 10,960
Upon demand by a party, the board shall furnish, at the cost of 10,961
the party requesting it, a copy of the record. If the complete 10,962
record is not filed within the time provided for in this section, 10,963
any party may apply to the court to have the case docketed, and 10,964
the court shall order the record filed. 10,965
In hearing the appeal, the court is confined to the record 10,967
as certified to it by the board. The court may grant a request 10,968
for the admission of additional evidence when satisfied that the 10,969
additional evidence is newly discovered and could not with 10,970
reasonable diligence have been ascertained prior to the hearing 10,971
before the board. 10,972
The court shall affirm the order complained of in the 10,974
appeal if it finds, upon consideration of the entire record and 10,975
such additional evidence as the court has admitted, that the 10,976
order is supported by reliable, probative, and substantial 10,977
evidence and is in accordance with law. In the absence of such 10,978
findings, it shall reverse, vacate, or modify the order or make 10,979
254
such other ruling as is supported by reliable, probative, and 10,980
substantial evidence and is in accordance with law. The judgment 10,981
of the court shall be final and conclusive unless reversed, 10,982
vacated, or modified on appeal. Such appeals may be taken by any 10,983
party to the appeal pursuant to the Rules of Practice of the 10,984
Supreme Court and, to the extent not in conflict with those 10,985
rules, Chapter 2505. of the Revised Code. 10,986
(E)(1) Upon receipt of a completed application, the board 10,988
shall issue a hazardous waste facility installation and operation 10,989
permit for a hazardous waste facility subject to the requirements 10,990
of divisions (D)(6) and (7) of this section and all applicable 10,991
federal regulations if the facility for which the permit is 10,992
requested satisfies all of the following: 10,993
(a) Was in operation immediately prior to October 9, 1980; 10,995
(b) Was in substantial compliance with applicable statutes 10,997
and rules in effect immediately prior to October 9, 1980, as 10,998
determined by the director; 10,999
(c) Demonstrates to the board that its operations after 11,001
October 9, 1980, comply with applicable performance standards 11,002
adopted by the director pursuant to division (D) of section 11,003
3734.12 of the Revised Code; 11,004
(d) Submits a completed application for a permit under 11,006
division (C) of this section within six months after October 9, 11,007
1980. 11,008
The board shall act on the application within twelve months 11,010
after October 9, 1980. 11,011
(2) A hazardous waste facility that was in operation 11,013
immediately prior to October 9, 1980, may continue to operate 11,014
after that date if it does all of the following: 11,015
(a) Complies with performance standards adopted by the 11,017
director pursuant to division (D) of section 3734.12 of the 11,018
Revised Code; 11,019
(b) Submits a completed application for a hazardous waste 11,021
installation and operation permit under division (C) of this 11,022
255
section within six months after October 9, 1980; 11,023
(c) Obtains the permit under division (D) of this section 11,025
within twelve months after October 9, 1980. 11,026
(3) No political subdivision of this state shall require 11,028
any additional zoning or other approval, consent, permit, 11,029
certificate, or condition for the construction or operation of a 11,030
hazardous waste facility authorized by a hazardous waste facility 11,031
installation and operation permit issued pursuant to this 11,032
chapter, nor shall any political subdivision adopt or enforce any 11,033
law, ordinance, or rule that in any way alters, impairs, or 11,034
limits the authority granted in the permit. 11,035
(4) After the issuance of a hazardous waste facility 11,037
installation and operation permit by the board, each hazardous 11,038
waste facility shall be subject to the rules and supervision of 11,039
the director during the period of its operation, closure, and 11,040
post-closure care, if applicable. 11,041
(F) Upon approval of the board in accordance with 11,043
divisions (D) and (E) of this section, the board may issue a 11,044
single hazardous waste facility installation and operation permit 11,045
to a person who operates two or more adjoining facilities where 11,046
hazardous waste is stored, treated, or disposed of if the 11,047
application includes detail plans, specifications, and 11,048
information on all facilities. For the purposes of this section, 11,049
"adjoining" means sharing a common boundary, separated only by a 11,050
public road, or in such proximity that the director determines 11,051
that the issuance of a single permit will not create a hazard to 11,052
the public health or safety or the environment. 11,053
(G) No person shall falsify or fail to keep or submit any 11,055
plans, specifications, data, reports, records, manifests, or 11,056
other information required to be kept or submitted to the 11,057
director or to the hazardous waste facility board by this chapter 11,058
or the rules adopted under it. 11,059
(H)(1) Each person who holds an installation and operation 11,061
permit issued under this section and who wishes to obtain a 11,062
256
permit renewal shall submit a completed application for an 11,063
installation and operation permit renewal and any necessary 11,064
accompanying general plans, detail plans, specifications, and 11,065
such information as the director may require to the director no 11,066
later than one hundred eighty days prior to the expiration date 11,067
of the existing permit or upon a later date prior to the 11,068
expiration of the existing permit if the permittee can 11,069
demonstrate good cause for the late submittal. The director 11,070
shall consider the application and accompanying information, 11,071
inspection reports of the facility, results of performance tests, 11,072
a report regarding the facility's compliance or noncompliance 11,073
with the terms and conditions of its permit and rules adopted by 11,074
the director under this chapter, and such other information as is 11,075
relevant to the operation of the facility and shall issue a draft 11,076
renewal permit or a notice of intent to deny the renewal permit. 11,077
The director, in accordance with rules adopted under this section 11,078
or with rules adopted to implement Chapter 3745. of the Revised 11,079
Code, shall give public notice of the application and draft 11,080
renewal permit or notice of intent to deny the renewal permit, 11,081
provide for the opportunity for public comments within a 11,082
specified time period, schedule a public meeting in the county in 11,083
which the facility is located if significant interest is shown, 11,084
and give public notice of the public meeting. 11,085
(2) Within sixty days after the public meeting or close of 11,087
the public comment period, the director, without prior hearing, 11,088
shall issue or deny the renewal permit in accordance with Chapter 11,089
3745. of the Revised Code. The director shall not issue a 11,090
renewal permit unless the director determines that the facility 11,092
under the existing permit has a history of compliance with this 11,093
chapter, rules adopted under it, the existing permit, or orders 11,094
entered to enforce such requirements that demonstrates sufficient 11,095
reliability, expertise, and competency to operate the facility 11,096
henceforth under this chapter, rules adopted under it, and the 11,097
renewal permit. If the director approves an application for a 11,098
257
renewal permit, the director shall issue the permit subject to 11,100
the payment of the annual permit fee required under division (E) 11,101
of section 3734.02 of the Revised Code and upon such terms and 11,102
conditions as the director finds are reasonable to ensure that 11,103
continued operation, maintenance, closure, and post-closure care 11,105
of the hazardous waste facility are in accordance with the rules 11,106
adopted under section 3734.12 of the Revised Code. 11,107
(3) An installation and operation permit renewal 11,109
application submitted to the director that also contains or would 11,110
constitute an application for a modification shall be acted upon 11,112
by the director in accordance with division (I) of this section 11,113
in the same manner as an application for a modification. In 11,114
approving or disapproving the renewal portion of a permit renewal 11,116
application containing an application for a modification, the 11,117
director shall apply the criteria established under division 11,119
(H)(2) of this section.
(4) An application for renewal or modification of a permit 11,122
that does not contain an application for a modification as 11,123
described in divisions (I)(3)(a) to (d) of this section shall not 11,125
be subject to division (D) of this section. 11,126
(I)(1) As used in this section, "modification" means a 11,128
change or alteration to a hazardous waste facility or its 11,129
operations that is inconsistent with or not authorized by its 11,131
existing permit or authorization to operate. Modifications shall
be classified as Class 1, 2, or 3 modifications in accordance 11,133
with rules adopted under division (K) of this section. 11,134
Modifications classified as Class 3 modifications, in accordance 11,135
with rules adopted under that division, shall be further 11,136
classified by the director as either Class 3 modifications that 11,137
are to be approved or disapproved by the hazardous waste facility 11,138
board as described in divisions (I)(3)(a) to (d) of this section 11,139
or as Class 3 modifications that are to be approved or 11,140
disapproved by the director under division (I)(5) of this 11,141
section. Not later than thirty days after receiving a request 11,142
258
for a modification under division (I)(4) of this section that is 11,143
not listed in Appendix I to 40 C.F.R. 270.42 or in rules adopted 11,145
under division (K) of this section, the director shall classify 11,146
the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. 11,147
Notwithstanding any other law to the contrary, any modification 11,149
that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator 11,150
shall be classified as a Class 3 modification. 11,151
(2) Except as provided in section 3734.123 of the Revised 11,153
Code, a hazardous waste facility installation and operation 11,154
permit may be modified at the request of the director or upon the 11,156
written request of the permittee only if any of the following 11,157
applies:
(a) The permittee desires to accomplish alterations, 11,159
additions, or deletions to the permitted facility or to undertake 11,160
alterations, additions, deletions, or activities that are 11,161
inconsistent with or not authorized by the existing permit; 11,162
(b) New information or data justify permit conditions in 11,164
addition to or different from those in the existing permit; 11,165
(c) The standards, criteria, or rules upon which the 11,167
existing permit is based have been changed by new, amended, or 11,168
rescinded standards, criteria, or rules, or by judicial decision 11,169
after the existing permit was issued, and the change justifies 11,170
permit conditions in addition to or different from those in the 11,171
existing permit; 11,172
(d) The permittee proposes to transfer the permit to 11,174
another person. 11,175
(3) The director has jurisdiction to approve or disapprove 11,177
applications for Class 1 modifications, Class 2 modifications, 11,178
and Class 3 modifications not otherwise described in divisions 11,179
(I)(3)(a) to (d) of this section. The hazardous waste facility 11,182
board has jurisdiction to approve or disapprove applications for 11,183
any of the following categories of Class 3 modifications:
259
(a) Authority to conduct treatment, storage, or disposal 11,186
at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or 11,187
disposal activity by the facility's permit; 11,188
(b) Modification or addition of a hazardous waste 11,190
management unit, as defined in rules adopted under section 11,191
3734.12 of the Revised Code, that results in an increase in a 11,192
facility's storage capacity of more than twenty-five per cent 11,193
over the capacity authorized by the facility's permit, an 11,194
increase in a facility's treatment rate of more than twenty-five 11,196
per cent over the rate so authorized, or an increase in a 11,197
facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be 11,198
calculated from the approved design plans for the disposal units 11,199
at that facility. In no case during a five-year period shall a 11,200
facility's storage capacity or treatment rate be modified to 11,202
increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of 11,203
division (I) of this section to the contrary, a request for 11,205
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director. 11,206
(c) Authority to add any of the following categories of 11,208
regulated activities not previously authorized at a facility by 11,209
the facility's permit: storage at a facility not previously 11,210
authorized to store hazardous waste, treatment at a facility not 11,211
previously authorized to treat hazardous waste, or disposal at a 11,212
facility not previously authorized to dispose of hazardous waste; 11,213
or authority to add a category of hazardous waste management unit 11,214
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this 11,215
section to the contrary, a request for authority to add or to 11,216
modify an activity or a hazardous waste management unit for the 11,217
purposes of performing a corrective action shall be classified 11,218
and approved or disapproved by the director.
260
(d) Authority to treat, store, or dispose of waste types 11,220
listed or characterized as reactive or explosive, in rules 11,222
adopted under section 3734.12 of the Revised Code, or any acute 11,223
hazardous waste listed in 40 C.F.R. 261.33(e), as amended, at a 11,224
facility not previously authorized to treat, store, or dispose of 11,225
those types of wastes by the facility's permit unless the 11,226
requested authority is limited to wastes that no longer exhibit 11,228
characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing 11,229
as acute hazardous waste, but still are required to carry those 11,230
waste codes as established in rules adopted under section 3734.12 11,231
of the Revised Code because of the requirements established in 40 11,232
C.F.R. 261(a) and (e), as amended, that is, the "mixture," 11,233
"derived-from," or "contained-in" regulations. 11,234
(4) A written request for a modification from the 11,237
permittee shall be submitted to the director and shall contain 11,238
such information as is necessary to support the request. The 11,239
director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to (d) of this 11,241
section within two hundred forty days after receiving the 11,242
requests. Requests for modifications shall be acted upon by the 11,243
director or the board, as appropriate, in accordance with this 11,244
section and rules adopted under it. 11,245
(5) Class 1 modification applications that require prior 11,248
approval of the director, as determined in accordance with rules 11,249
adopted under division (K) of this section, Class 2 modification 11,250
applications, and Class 3 modification applications that are not 11,251
described in divisions (I)(3)(a) to (d) of this section shall be 11,253
approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county 11,254
commissioners of the county, the board of township trustees of 11,255
the township, and the city manager or mayor of the municipal 11,256
corporation in which a hazardous waste facility is located shall 11,257
receive notification of any application for a modification for 11,258
261
that facility and shall be considered as interested persons with 11,259
respect to the director's consideration of the application. 11,260
For those modification applications for a transfer of a 11,263
permit to a new owner or operator of a facility, the director 11,264
also shall determine that, if the transferee owner or operator 11,265
has been involved in any prior activity involving the 11,267
transportation, treatment, storage, or disposal of hazardous 11,268
waste, the transferee owner or operator has a history of
compliance with this chapter and Chapters 3704. and 6111. of the 11,270
Revised Code and all rules and standards adopted under them, the 11,272
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 11,273
42 U.S.C.A. 6921, as amended, and all regulations adopted under 11,274
it, and similar laws and rules of another state if the transferee 11,275
owner or operator owns or operates a facility in that state, that 11,276
demonstrates sufficient reliability, expertise, and competency to
operate a hazardous waste facility under this chapter and 11,278
Chapters 3704. and 6111. of the Revised Code, all rules and 11,280
standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given 11,281
the potential for harm to the public health and safety and the 11,282
environment that could result from the irresponsible operation of 11,283
the facility. A permit may be transferred to a new owner or 11,285
operator only pursuant to a Class 3 permit modification.
As used in division (I)(5) of this section: 11,288
(a) "Owner" means the person who owns a majority or 11,290
controlling interest in a facility. 11,291
(b) "Operator" means the person who is responsible for the 11,293
overall operation of a facility. 11,294
The director shall approve or disapprove an application for 11,296
a Class 1 modification that requires the director's approval 11,297
within sixty days after receiving the request for modification. 11,298
The director shall approve or disapprove an application for a 11,299
Class 2 modification within three hundred days after receiving 11,300
the request for modification. The director shall approve or 11,301
262
disapprove an application for a Class 3 modification that is not 11,303
described in divisions (I)(3)(a) to (d) of this section within 11,304
three hundred sixty-five days after receiving the request for 11,305
modification.
(6) The approval or disapproval by the director of a Class 11,307
1 modification application is not a final action that is 11,308
appealable under Chapter 3745. of the Revised Code. The approval 11,309
or disapproval by the director of a Class 2 modification or a 11,311
Class 3 modification that is not described in divisions (I)(3)(a) 11,312
to (d) of this section is a final action that is appealable under 11,313
that chapter. In approving or disapproving a request for a 11,314
modification, the director shall consider all comments pertaining 11,315
to the request that are received during the public comment period 11,316
and the public meetings. The administrative record for appeal of 11,317
a final action by the director in approving or disapproving a
request for a modification shall include all comments received 11,318
during the public comment period relating to the request for 11,319
modification, written materials submitted at the public meetings 11,320
relating to the request, and any other documents related to the 11,321
director's action.
(7) The hazardous waste facility board shall approve or 11,323
disapprove an application for a Class 3 modification transmitted 11,325
to it under division (I)(4) of this section, or that portion of a 11,327
permit renewal application that constitutes a Class 3 11,328
modification application so transmitted, of a hazardous waste
facility installation and operation permit in accordance with 11,330
division (D) of this section. No other request for a 11,331
modification shall be subject to division (D)(6) of this section. 11,332
No aspect of a permitted facility or its operations that is not 11,334
being modified as described in division (I)(3)(a), (b), (c), or 11,335
(d) of this section shall be subject to review by the board under 11,337
division (D) of this section.
(8) Notwithstanding any other provision of law to the 11,339
contrary, a change or alteration to a hazardous waste facility 11,340
263
described in division (E)(3)(a) or (b) of section 3734.02 of the 11,341
Revised Code, or its operations, is a modification for the 11,342
purposes of this section. An application for a modification at 11,344
such a facility shall be submitted, classified, and approved or 11,345
disapproved in accordance with divisions (I)(1) to (7) of this 11,346
section in the same manner as a modification to a hazardous waste 11,347
facility installation and operation permit. 11,348
(J)(1) Except as provided in division (J)(2) of this 11,350
section, an owner or operator of a hazardous waste facility that 11,352
is operating in accordance with a permit by rule under rules 11,353
adopted by the director under division (E)(3)(b) of section 11,354
3734.02 of the Revised Code shall submit either a hazardous waste 11,356
facility installation and operation permit application for the 11,357
facility or a modification application, whichever is required 11,358
under division (J)(1)(a) or (b) of this section, within one 11,359
hundred eighty days after the director has requested the 11,360
application or upon a later date if the owner or operator 11,361
demonstrates to the director good cause for the late submittal. 11,362
(a) If the owner or operator does not have a hazardous 11,364
waste facility installation and operation permit for any 11,365
hazardous waste treatment, storage, or disposal activities at the 11,366
facility, the owner or operator shall submit an application for 11,368
such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other provision of law 11,370
to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures 11,371
governing the approval or disapproval of permit renewals under 11,372
division (H) of this section. 11,373
(b) If the owner or operator has a hazardous waste 11,375
facility installation and operation permit for hazardous waste 11,376
treatment, storage, or disposal activities at the facility other 11,377
than those authorized by the permit by rule, the owner or 11,378
operator shall submit to the director a request for modification 11,379
in accordance with division (I) of this section. Notwithstanding 11,380
264
any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance 11,381
with rules adopted under division (K) of this section. 11,382
(2) The owner or operator of a boiler or industrial 11,384
furnace that is conducting thermal treatment activities in 11,385
accordance with a permit by rule under rules adopted by the 11,386
director under division (E)(3)(b) of section 3734.02 of the 11,388
Revised Code shall submit a hazardous waste facility installation 11,390
and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, 11,391
storage, or disposal activities at the facility or, if the owner 11,392
or operator has such a permit for hazardous waste treatment, 11,393
storage, or disposal activities at the facility other than 11,394
thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by 11,395
the permit by rule, whichever is applicable, within one hundred 11,396
eighty days after the director has requested the submission of 11,397
the application or upon a later date if the owner or operator 11,398
demonstrates to the director good cause for the late submittal. 11,399
The application shall be accompanied by information necessary to 11,400
support the request. The hazardous waste facility board shall 11,401
approve or disapprove the application in accordance with division 11,402
(D) of this section, except that the board shall not disapprove 11,403
an application for the thermal treatment activities on the basis 11,404
of the criteria set forth in division (D)(6)(g) or (h) of this 11,406
section.
(3) As used in division (J) of this section: 11,409
(a) "Modification application" means a request for a 11,411
modification submitted in accordance with division (I) of this 11,413
section.
(b) "Thermal treatment," "boiler," and "industrial 11,415
furnace" have the same meanings as in rules adopted under section 11,416
3734.12 of the Revised Code. 11,417
(K) The director shall adopt, and may amend, suspend, or 11,419
265
rescind, rules in accordance with Chapter 119. of the Revised 11,420
Code in order to implement divisions (H) and (I) of this section. 11,421
Except when in actual conflict with this section, rules governing 11,422
the classification of and procedures for the modification of 11,423
hazardous waste facility installation and operation permits shall 11,424
be substantively and procedurally identical to the regulations 11,425
governing hazardous waste facility permitting and permit 11,426
modifications adopted under the "Resource Conservation and 11,427
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 11,428
amended.
Sec. 3734.06. (A)(1) Except as provided in division 11,437
(A)(2), (3), and (4) of this section and in section 3734.82 of 11,438
the Revised Code, the annual fee for a solid waste facility 11,439
license shall be in accordance with the following schedule: 11,440
AUTHORIZED MAXIMUM ANNUAL 11,442
DAILY WASTE LICENSE 11,443
RECEIPT (TONS) FEE 11,444
100 or less $ 5,000 11,445
101 to 200 12,500 11,446
201 to 500 30,000 11,447
501 or more 60,000 11,448
For the purpose of determining the applicable license fee 11,450
under divisions (A)(1) and (2) of this section, the authorized 11,451
maximum daily waste receipt shall be the maximum amount of wastes 11,452
the facility is authorized to receive daily that is established 11,453
in the permit for the facility, and any modifications to that 11,454
permit, issued under division (A)(2) or (3) of section 3734.05 of 11,455
the Revised Code; the annual license for the facility, and any 11,456
revisions to that license, issued under division (A)(1) of 11,457
section 3734.05 of the Revised Code; the approved operating plan 11,458
or operational report for which submission and approval are 11,459
required by rules adopted by the director of environmental 11,460
protection under section 3734.02 of the Revised Code; an order 11,461
issued by the director as authorized by rule; or the updated 11,462
266
engineering plans, specifications, and facility and operation 11,463
information approved under division (A)(4) of section 3734.05 of 11,464
the Revised Code. If no authorized maximum daily waste receipt 11,465
is so established, the annual license fee is sixty thousand 11,466
dollars under division (A)(1) of this section and thirty thousand 11,467
dollars under division (A)(2) of this section. 11,468
The authorized maximum daily waste receipt set forth in any 11,470
such document shall be stated in terms of cubic yards of volume 11,471
for the purpose of regulating the design, construction, and 11,472
operation of a solid waste facility. For the purpose of 11,473
determining applicable license fees under this section, the 11,474
authorized maximum daily waste receipt so stated shall be 11,475
converted from cubic yards to tons as the unit of measurement 11,476
based upon a conversion factor of three cubic yards per ton for 11,477
compacted wastes generally and one cubic yard per ton for baled 11,478
wastes. 11,479
(2) The annual license fee for a facility that is an 11,481
incinerator or composting facility is one-half the amount shown 11,482
in division (A)(1) of this section. When a municipal 11,483
corporation, county, or township owns and operates more than one 11,484
incinerator within its boundaries, the municipal corporation, 11,485
county, or township shall pay one fee for the licenses for all of 11,486
its incinerators. The fee shall be determined on the basis of 11,487
the aggregate maximum daily waste receipt for all the 11,488
incinerators owned and operated by the municipal corporation, 11,489
county, or township in an amount that is one-half the amount 11,490
shown in division (A)(1) of this section. 11,491
THE ANNUAL FEE FOR A SOLID WASTE COMPOST FACILITY LICENSE 11,493
SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 11,494
AUTHORIZED MAXIMUM ANNUAL 11,496
DAILY WASTE LICENSE 11,497
RECEIPT (TONS) FEE 11,498
12 OR LESS $ 300 11,499
13 TO 25 600 11,500
267
26 TO 50 1,200 11,501
51 TO 75 1,800 11,502
76 TO 100 2,500 11,503
101 TO 200 6,250 11,504
201 TO 500 15,000 11,505
501 OR MORE 30,000 11,506
(3) The annual license fee for a solid waste facility, 11,509
regardless of its authorized maximum daily waste receipt, is five 11,510
thousand dollars for a facility meeting either of the following 11,511
qualifications: 11,512
(a) The facility is owned by a generator of solid wastes 11,514
when the solid waste facility exclusively disposes of solid 11,515
wastes generated at one or more premises owned by the generator 11,516
regardless of whether the facility is located on a premises where 11,517
the wastes are generated; 11,518
(b) The facility exclusively disposes of wastes that are 11,520
generated from the combustion of coal, or from the combustion of 11,521
primarily coal in combination with scrap tires, that is not 11,522
combined in any way with garbage at one or more premises owned by 11,523
the generator. 11,524
(4) The annual license fee for a facility that is a 11,526
transfer facility is seven hundred fifty dollars. 11,527
(5) The same fees shall apply to private operators and to 11,529
the state and its political subdivisions and shall be paid within 11,530
thirty days after issuance of a license. The fee includes the 11,531
cost of licensing, all inspections, and other costs associated 11,532
with the administration of the solid waste provisions of this 11,533
chapter and rules adopted under them, excluding the provisions 11,534
governing scrap tires. Each such license shall specify that it 11,535
is conditioned upon payment of the applicable fee to the board of 11,536
health or the director, as appropriate, within thirty days after 11,537
issuance of the license. 11,538
(B) The board of health shall retain two thousand five 11,540
hundred dollars of each license fee collected by the board under 11,541
268
divisions (A)(1), (2), and (3) of this section OR THE ENTIRE 11,542
AMOUNT OF ANY SUCH FEE THAT IS LESS THAN TWO THOUSAND FIVE 11,543
HUNDRED DOLLARS. The moneys retained shall be paid into a 11,544
special fund, which is hereby created in each health district, 11,545
and used solely to administer and enforce the solid waste 11,546
provisions of this chapter and the rules adopted under them, 11,547
excluding the provisions governing scrap tires. The remainder of 11,548
each license fee collected by the board shall be transmitted to 11,549
the director within forty-five days after receipt of the fee. 11,550
The director shall transmit these moneys to the treasurer of 11,551
state to be credited to the general revenue fund. The board of 11,552
health shall retain the entire amount of each fee collected under 11,553
division (A)(4) of this section, which moneys shall be paid into 11,554
the special fund of the health district. 11,555
(C)(1) Except as provided in divisions (C)(2) and (3) of 11,557
this section, the annual fee for an infectious waste treatment 11,558
facility license shall be in accordance with the following 11,559
schedule: 11,560
AVERAGE ANNUAL 11,562
DAILY WASTE LICENSE 11,563
RECEIPT (TONS) FEE 11,564
100 or less $ 5,000 11,565
101 to 200 12,500 11,566
201 to 500 30,000 11,567
501 or more 60,000 11,568
For the purpose of determining the applicable license fee 11,571
under divisions (C)(1) and (2) of this section, the average daily 11,572
waste receipt shall be the average amount of infectious wastes 11,573
the facility is authorized to receive daily that is established 11,574
in the permit for the facility, and any modifications to that 11,575
permit, issued under division (B)(2)(b) or (d) of section 3734.05 11,576
of the Revised Code; or the annual license for the facility, and 11,577
any revisions to that license, issued under division (B)(2)(a) of 11,578
section 3734.05 of the Revised Code. If no average daily waste 11,579
269
receipt is so established, the annual license fee is sixty 11,580
thousand dollars under division (C)(1) of this section and thirty 11,581
thousand dollars under division (C)(2) of this section. 11,582
(2) The annual license fee for an infectious waste 11,584
treatment facility that is an incinerator is one-half the amount 11,585
shown in division (C)(1) of this section. 11,586
(3) Fees levied under divisions (C)(1) and (2) of this 11,588
section shall apply to private operators and to the state and its 11,589
political subdivisions and shall be paid within thirty days after 11,590
issuance of a license. The fee includes the cost of licensing, 11,591
all inspections, and other costs associated with the 11,592
administration of the infectious waste provisions of this chapter 11,593
and rules adopted under them. Each such license shall specify 11,594
that it is conditioned upon payment of the applicable fee to the 11,595
board of health or the director, as appropriate, within thirty 11,596
days after issuance of the license. 11,597
(4) The board of health shall retain two thousand five 11,599
hundred dollars of each license fee collected by the board under 11,600
divisions (C)(1) and (2) of this section. The moneys retained 11,601
shall be paid into a special infectious waste fund, which is 11,602
hereby created in each health district, and used solely to 11,603
administer and enforce the infectious waste provisions of this 11,604
chapter and the rules adopted under them. The remainder of each 11,605
license fee collected by the board shall be transmitted to the 11,606
director within forty-five days after receipt of the fee. The 11,607
director shall transmit these moneys to the treasurer of state to 11,608
be credited to the general revenue fund. 11,609
Sec. 3734.57. (A) For the purposes of paying the state's 11,618
long-term operation costs or matching share for actions taken 11,619
under the "Comprehensive Environmental Response, Compensation, 11,620
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 11,621
amended; paying the costs of measures for proper clean-up of 11,622
sites where polychlorinated biphenyls and substances, equipment, 11,623
and devices containing or contaminated with polychlorinated 11,624
270
biphenyls have been stored or disposed of; paying the costs of 11,625
conducting surveys or investigations of solid waste facilities or 11,626
other locations where it is believed that significant quantities 11,627
of hazardous waste were disposed of and for conducting 11,628
enforcement actions arising from the findings of such surveys or 11,629
investigations; and paying the costs of acquiring and cleaning 11,630
up, or providing financial assistance for cleaning up, any 11,631
hazardous waste facility or solid waste facility containing 11,632
significant quantities of hazardous waste, that constitutes an 11,633
imminent and substantial threat to public health or safety or the 11,634
environment; and, from July 1, 1997 1999, through June 30, 1999 11,636
2001, for the purposes of paying the costs of administering and 11,637
enforcing the laws pertaining to solid wastes, infectious wastes, 11,638
and construction and demolition debris, including, without 11,639
limitation, ground water evaluations related to solid wastes, 11,640
infectious wastes, and construction and demolition debris, under 11,641
this chapter and Chapter 3714. of the Revised Code and any rules 11,642
adopted under them, and paying a share of the administrative 11,643
costs of the environmental protection agency pursuant to section 11,644
3745.014 of the Revised Code, the following fees are hereby 11,645
levied on the disposal of solid wastes in this state: 11,646
(1) One dollar per ton on and after July 1, 1993; 11,648
(2) An additional seventy-five cents per ton on and after 11,651
July 1, 1997 1999, through June 30, 1999 2001. 11,652
The owner or operator of a solid waste disposal facility 11,654
shall collect the fees levied under this division as a trustee 11,655
for the state and shall prepare and file with the director of 11,656
environmental protection monthly returns indicating the total 11,657
tonnage of solid wastes received for disposal at the gate of the 11,658
facility and the total amount of the fees collected under this 11,659
division. Not later than thirty days after the last day of the 11,660
month to which such a return applies, the owner or operator shall 11,661
mail to the director the return for that month together with the 11,662
fees collected during that month as indicated on the return. The 11,663
271
owner or operator may request an extension of not more than 11,664
thirty days for filing the return and remitting the fees, 11,665
provided that the owner or operator has submitted such a request 11,667
in writing to the director together with a detailed description 11,668
of why the extension is requested, the director has received the 11,669
request not later than the day on which the return is required to 11,670
be filed, and the director has approved the request. If the fees 11,671
are not remitted within sixty days after the last day of the 11,672
month during which they were collected, the owner or operator 11,673
shall pay an additional fifty per cent of the amount of the fees 11,674
for each month that they are late. 11,675
One-half of the moneys remitted to the director under 11,677
division (A)(1) of this section shall be credited to the 11,678
hazardous waste facility management fund created in section 11,679
3734.18 of the Revised Code, and one-half shall be credited to 11,680
the hazardous waste clean-up fund created in section 3734.28 of 11,681
the Revised Code. The moneys remitted to the director under 11,682
division (A)(2) of this section shall be credited to the solid 11,683
waste fund, which is hereby created in the state treasury. The 11,684
environmental protection agency shall use moneys in the solid 11,685
waste fund only to pay the costs of administering and enforcing 11,686
the laws pertaining to solid wastes, infectious wastes, and 11,687
construction and demolition debris, including, without 11,688
limitation, ground water evaluations related to solid wastes, 11,689
infectious wastes, and construction and demolition debris, under 11,690
this chapter and Chapter 3714. of the Revised Code and rules 11,691
adopted under them and to pay a share of the administrative costs 11,693
of the environmental protection agency pursuant to section 11,694
3745.014 of the Revised Code. 11,695
The fees levied under this division and divisions (B) and 11,697
(C) of this section are in addition to all other applicable fees 11,698
and taxes and shall be added to any other fee or amount specified 11,699
in a contract that is charged by the owner or operator of a solid 11,700
waste disposal facility or to any other fee or amount that is 11,701
272
specified in a contract entered into on or after March 4, 1992, 11,702
and that is charged by a transporter of solid wastes. 11,703
(B) For the purpose of preparing, revising, and 11,705
implementing the solid waste management plan of the county or 11,706
joint solid waste management district, including, without 11,707
limitation, the development and implementation of solid waste 11,708
recycling or reduction programs; providing financial assistance 11,709
to boards of health within the district, if solid waste 11,710
facilities are located within the district, for the enforcement 11,711
of this chapter and rules adopted and orders and terms and 11,713
conditions of permits, licenses, and variances issued under it, 11,714
other than the hazardous waste provisions of this chapter and 11,715
rules adopted and orders and terms and conditions of permits 11,716
issued under those provisions; providing financial assistance to 11,718
the county to defray the added costs of maintaining roads and 11,719
other public facilities and of providing emergency and other 11,720
public services resulting from the location and operation of a 11,721
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 11,722
by boards of health for collecting and analyzing water samples 11,723
from public or private wells on lands adjacent to solid waste 11,724
facilities that are contained in the approved or amended plan of 11,725
the district; paying the costs of developing and implementing a 11,726
program for the inspection of solid wastes generated outside the 11,727
boundaries of this state that are disposed of at solid waste 11,728
facilities included in the district's approved solid waste 11,729
management plan or amended plan; providing financial assistance 11,730
to boards of health within the district for enforcing laws 11,731
prohibiting open dumping; providing financial assistance to local 11,732
law enforcement agencies within the district for enforcing laws 11,733
and ordinances prohibiting littering; providing financial 11,734
assistance to boards of health of health districts within the 11,735
district that are on the approved list under section 3734.08 of 11,736
the Revised Code for the training and certification required for 11,737
273
their employees responsible for solid waste enforcement by rules 11,738
adopted under division (L) of section 3734.02 of the Revised 11,739
Code; providing financial assistance to individual municipal 11,740
corporations and townships within the district to defray their 11,741
added costs of maintaining roads and other public facilities and 11,742
of providing emergency and other public services resulting from 11,743
the location and operation within their boundaries of a 11,744
composting, energy or resource recovery, incineration, or 11,745
recycling facility that either is owned by the district or is 11,746
furnishing solid waste management facility or recycling services 11,747
to the district pursuant to a contract or agreement with the 11,748
board of county commissioners or directors of the district; and 11,749
payment of any expenses that are agreed to, awarded, or ordered 11,750
to be paid under section 3734.35 of the Revised Code and of any 11,752
administrative costs incurred pursuant to that section, the solid 11,753
waste management policy committee of a county or joint solid 11,754
waste management district may levy fees upon the following
activities: 11,755
(1) The disposal at a solid waste disposal facility 11,757
located in the district of solid wastes generated within the 11,758
district; 11,759
(2) The disposal at a solid waste disposal facility within 11,761
the district of solid wastes generated outside the boundaries of 11,762
the district, but inside this state; 11,763
(3) The disposal at a solid waste disposal facility within 11,765
the district of solid wastes generated outside the boundaries of 11,766
this state. 11,767
If any such fees are levied prior to January 1, 1994, fees 11,769
levied under division (B)(1) of this section always shall be 11,770
equal to one-half of the fees levied under division (B)(2) of 11,771
this section, and fees levied under division (B)(3) of this 11,772
section, which shall be in addition to fees levied under division 11,773
(B)(2) of this section, always shall be equal to fees levied 11,774
under division (B)(1) of this section, except as otherwise 11,775
274
provided in this division. The solid waste management plan of 11,776
the county or joint district approved under section 3734.521 or 11,777
3734.55 of the Revised Code and any amendments to it, or the 11,778
resolution adopted under this division, as appropriate, shall 11,779
establish the rates of the fees levied under divisions (B)(1), 11,780
(2), and (3) of this section, if any, and shall specify whether 11,781
the fees are levied on the basis of tons or cubic yards as the 11,782
unit of measurement. Although the fees under divisions (A)(1) 11,783
and (2) of this section are levied on the basis of tons as the 11,784
unit of measurement, the solid waste management plan of the 11,785
district and any amendments to it or the solid waste management 11,786
policy committee in its resolution levying fees under this 11,787
division may direct that the fees levied under those divisions be 11,788
levied on the basis of cubic yards as the unit of measurement 11,789
based upon a conversion factor of three cubic yards per ton 11,790
generally or one cubic yard per ton for baled wastes if the fees 11,791
under divisions (B)(1) to (3) of this section are being levied on 11,792
the basis of cubic yards as the unit of measurement under the 11,793
plan, amended plan, or resolution. 11,794
On and after January 1, 1994, the fee levied under division 11,796
(B)(1) of this section shall be not less than one dollar per ton 11,797
nor more than two dollars per ton, the fee levied under division 11,798
(B)(2) of this section shall be not less than two dollars per ton 11,799
nor more than four dollars per ton, and the fee levied under 11,800
division (B)(3) of this section shall be not more than the fee 11,801
levied under division (B)(1) of this section, except as otherwise 11,802
provided in this division and notwithstanding any schedule of 11,803
those fees established in the solid waste management plan of a 11,804
county or joint district approved under section 3734.55 of the 11,805
Revised Code or a resolution adopted and ratified under this 11,806
division that is in effect on that date. If the fee that a 11,807
district is levying under division (B)(1) of this section on that 11,808
date under its approved plan or such a resolution is less than 11,809
one dollar per ton, the fee shall be one dollar per ton on and 11,810
275
after January 1, 1994, and if the fee that a district is so 11,811
levying under that division exceeds two dollars per ton, the fee 11,812
shall be two dollars per ton on and after that date. If the fee 11,813
that a district is so levying under division (B)(2) of this 11,814
section is less than two dollars per ton, the fee shall be two 11,815
dollars per ton on and after that date, and if the fee that the 11,816
district is so levying under that division exceeds four dollars 11,817
per ton, the fee shall be four dollars per ton on and after that 11,818
date. On that date, the fee levied by a district under division 11,819
(B)(3) of this section shall be equal to the fee levied under 11,820
division (B)(1) of this section. Except as otherwise provided in 11,821
this division, the fees established by the operation of this 11,822
amendment shall remain in effect until the district's resolution 11,823
levying fees under this division is amended or repealed in 11,824
accordance with this division to amend or abolish the schedule of 11,825
fees, the schedule of fees is amended or abolished in an amended 11,826
plan of the district approved under section 3734.521 or division 11,827
(A) or (D) of section 3734.56 of the Revised Code, or the 11,828
schedule of fees is amended or abolished through an amendment to 11,829
the district's plan under division (E) of section 3734.56 of the 11,830
Revised Code; the notification of the amendment or abolishment of 11,831
the fees has been given in accordance with this division; and 11,832
collection of the amended fees so established commences, or 11,833
collection of the fees ceases, in accordance with this division. 11,834
The solid waste management policy committee of a district 11,836
levying fees under divisions (B)(1) to (3) of this section on 11,838
October 29, 1993, under its solid waste management plan approved 11,839
under section 3734.55 of the Revised Code or a resolution adopted 11,841
and ratified under this division that are within the ranges of 11,842
rates prescribed by this amendment, by adoption of a resolution 11,843
not later than December 1, 1993, and without the necessity for 11,844
ratification of the resolution under this division, may amend 11,845
those fees within the prescribed ranges, provided that the 11,846
estimated revenues from the amended fees will not substantially 11,847
276
exceed the estimated revenues set forth in the district's budget 11,848
for calendar year 1994. Not later than seven days after the 11,849
adoption of such a resolution, the committee shall notify by 11,850
certified mail the owner or operator of each solid waste disposal 11,851
facility that is required to collect the fees of the adoption of 11,852
the resolution and of the amount of the amended fees. Collection 11,853
of the amended fees shall take effect on the first day of the 11,854
first month following the month in which the notification is sent 11,855
to the owner or operator. The fees established in such a 11,856
resolution shall remain in effect until the district's resolution 11,857
levying fees that was adopted and ratified under this division is 11,858
amended or repealed, and the amendment or repeal of the 11,859
resolution is ratified, in accordance with this division, to 11,860
amend or abolish the fees, the schedule of fees is amended or 11,861
abolished in an amended plan of the district approved under 11,862
section 3734.521 or division (A) or (D) of section 3734.56 of the 11,863
Revised Code, or the schedule of fees is amended or abolished 11,864
through an amendment to the district's plan under division (E) of 11,865
section 3734.56 of the Revised Code; the notification of the 11,866
amendment or abolishment of the fees has been given in accordance 11,867
with this division; and collection of the amended fees so 11,868
established commences, or collection of the fees ceases, in 11,869
accordance with this division.
Prior to the approval of the solid waste management plan of 11,871
the district under section 3734.55 of the Revised Code, the solid 11,872
waste management policy committee of a district may levy fees 11,873
under this division by adopting a resolution establishing the 11,874
proposed amount of the fees. Upon adopting the resolution, the 11,875
committee shall deliver a copy of the resolution to the board of 11,876
county commissioners of each county forming the district and to 11,877
the legislative authority of each municipal corporation and 11,878
township under the jurisdiction of the district and shall prepare 11,879
and publish the resolution and a notice of the time and location 11,880
where a public hearing on the fees will be held. Upon adopting 11,881
277
the resolution, the committee shall deliver written notice of the 11,882
adoption of the resolution; of the amount of the proposed fees; 11,883
and of the date, time, and location of the public hearing to the 11,884
director and to the fifty industrial, commercial, or 11,885
institutional generators of solid wastes within the district that 11,886
generate the largest quantities of solid wastes, as determined by 11,887
the committee, and to their local trade associations. The 11,888
committee shall make good faith efforts to identify those 11,889
generators within the district and their local trade 11,890
associations, but the nonprovision of notice under this division 11,891
to a particular generator or local trade association does not 11,892
invalidate the proceedings under this division. The publication 11,893
shall occur at least thirty days before the hearing. After the 11,894
hearing, the committee may make such revisions to the proposed 11,895
fees as it considers appropriate and thereafter, by resolution, 11,896
shall adopt the revised fee schedule. Upon adopting the revised 11,897
fee schedule, the committee shall deliver a copy of the 11,898
resolution doing so to the board of county commissioners of each 11,899
county forming the district and to the legislative authority of 11,900
each municipal corporation and township under the jurisdiction of 11,901
the district. Within sixty days after the delivery of a copy of 11,902
the resolution adopting the proposed revised fees by the policy 11,903
committee, each such board and legislative authority, by 11,904
ordinance or resolution, shall approve or disapprove the revised 11,905
fees and deliver a copy of the ordinance or resolution to the 11,906
committee. If any such board or legislative authority fails to 11,907
adopt and deliver to the policy committee an ordinance or 11,908
resolution approving or disapproving the revised fees within 11,909
sixty days after the policy committee delivered its resolution 11,910
adopting the proposed revised fees, it shall be conclusively 11,911
presumed that the board or legislative authority has approved the 11,912
proposed revised fees. 11,913
In the case of a county district or a joint district formed 11,915
by two or three counties, the committee shall declare the 11,916
278
proposed revised fees to be ratified as the fee schedule of the 11,917
district upon determining that the board of county commissioners 11,918
of each county forming the district has approved the proposed 11,919
revised fees and that the legislative authorities of a 11,920
combination of municipal corporations and townships with a 11,921
combined population within the district comprising at least sixty 11,922
per cent of the total population of the district have approved 11,923
the proposed revised fees, provided that in the case of a county 11,924
district, that combination shall include the municipal 11,925
corporation having the largest population within the boundaries 11,926
of the district, and provided further that in the case of a joint 11,927
district formed by two or three counties, that combination shall 11,928
include for each county forming the joint district the municipal 11,929
corporation having the largest population within the boundaries 11,930
of both the county in which the municipal corporation is located 11,931
and the joint district. In the case of a joint district formed 11,932
by four or more counties, the committee shall declare the 11,933
proposed revised fees to be ratified as the fee schedule of the 11,934
joint district upon determining that the boards of county 11,935
commissioners of a majority of the counties forming the district 11,936
have approved the proposed revised fees; that, in each of a 11,937
majority of the counties forming the joint district, the proposed 11,938
revised fees have been approved by the municipal corporation 11,939
having the largest population within the county and the joint 11,940
district; and that the legislative authorities of a combination 11,941
of municipal corporations and townships with a combined 11,942
population within the joint district comprising at least sixty 11,943
per cent of the total population of the joint district have 11,944
approved the proposed revised fees. 11,945
For the purposes of this division, only the population of 11,947
the unincorporated area of a township shall be considered. For 11,948
the purpose of determining the largest municipal corporation 11,949
within each county under this division, a municipal corporation 11,950
that is located in more than one solid waste management district, 11,951
279
but that is under the jurisdiction of one county or joint solid 11,952
waste management district in accordance with division (A) of 11,953
section 3734.52 of the Revised Code shall be considered to be 11,954
within the boundaries of the county in which a majority of the 11,955
population of the municipal corporation resides. 11,956
The committee may amend the schedule of fees levied 11,958
pursuant to a resolution or amended resolution adopted and 11,959
ratified under this division by adopting a resolution 11,960
establishing the proposed amount of the amended fees. The 11,961
committee may abolish the fees levied pursuant to such a 11,962
resolution or amended resolution by adopting a resolution 11,963
proposing to repeal them. Upon adopting such a resolution, the 11,964
committee shall proceed to obtain ratification of the resolution 11,965
in accordance with this division. 11,966
Not later than fourteen days after declaring the fees or 11,968
amended fees to be ratified under this division, the committee 11,969
shall notify by certified mail the owner or operator of each 11,970
solid waste disposal facility that is required to collect the 11,971
fees of the ratification and the amount of the fees. Collection 11,972
of any fees or amended fees ratified on or after March 24, 1992, 11,973
shall commence on the first day of the second month following the 11,974
month in which notification is sent to the owner or operator. 11,975
Not later than fourteen days after declaring the repeal of 11,977
the district's schedule of fees to be ratified under this 11,978
division, the committee shall notify by certified mail the owner 11,979
or operator of each facility that is collecting the fees of the 11,980
repeal. Collection of the fees shall cease on the first day of 11,981
the second month following the month in which notification is 11,982
sent to the owner or operator. 11,983
Not later than fourteen days after the director issues an 11,985
order approving a district's solid waste management plan under 11,986
section 3734.55 of the Revised Code or amended plan under 11,987
division (A) or (D) of section 3734.56 of the Revised Code that 11,988
establishes or amends a schedule of fees levied by the district, 11,989
280
or the ratification of an amendment to the district's approved 11,990
plan or amended plan under division (E) of section 3734.56 of the 11,991
Revised Code that establishes or amends a schedule of fees, as 11,992
appropriate, the committee shall notify by certified mail the 11,993
owner or operator of each solid waste disposal facility that is 11,994
required to collect the fees of the approval of the plan or 11,995
amended plan, or the amendment to the plan, as appropriate, and 11,996
the amount of the fees or amended fees. In the case of an 11,997
initial or amended plan approved under section 3734.521 of the 11,998
Revised Code in connection with a change in district composition, 11,999
other than one involving the withdrawal of a county from a joint 12,000
district, that establishes or amends a schedule of fees levied 12,001
under divisions (B)(1) to (3) of this section by a district 12,002
resulting from the change, the committee, within fourteen days 12,003
after the change takes effect pursuant to division (G) of that 12,004
section, shall notify by certified mail the owner or operator of 12,005
each solid waste disposal facility that is required to collect 12,006
the fees that the change has taken effect and of the amount of 12,007
the fees or amended fees. Collection of any fees set forth in a 12,008
plan or amended plan approved by the director on or after April 12,009
16, 1993, or an amendment of a plan or amended plan under 12,010
division (E) of section 3734.56 of the Revised Code that is 12,011
ratified on or after April 16, 1993, shall commence on the first 12,012
day of the second month following the month in which notification 12,013
is sent to the owner or operator. 12,014
Not later than fourteen days after the director issues an 12,016
order approving a district's plan under section 3734.55 of the 12,017
Revised Code or amended plan under division (A) or (D) of section 12,018
3734.56 of the Revised Code that abolishes the schedule of fees 12,019
levied under divisions (B)(1) to (3) of this section, or an 12,020
amendment to the district's approved plan or amended plan 12,021
abolishing the schedule of fees is ratified pursuant to division 12,022
(E) of section 3734.56 of the Revised Code, as appropriate, the 12,023
committee shall notify by certified mail the owner or operator of 12,024
281
each facility that is collecting the fees of the approval of the 12,025
plan or amended plan, or the amendment of the plan or amended 12,026
plan, as appropriate, and the abolishment of the fees. In the 12,027
case of an initial or amended plan approved under section 12,028
3734.521 of the Revised Code in connection with a change in 12,029
district composition, other than one involving the withdrawal of 12,030
a county from a joint district, that abolishes the schedule of 12,031
fees levied under divisions (B)(1) to (3) of this section by a 12,032
district resulting from the change, the committee, within 12,033
fourteen days after the change takes effect pursuant to division 12,034
(G) of that section, shall notify by certified mail the owner or 12,035
operator of each solid waste disposal facility that is required 12,036
to collect the fees that the change has taken effect and of the 12,037
abolishment of the fees. Collection of the fees shall cease on 12,038
the first day of the second month following the month in which 12,039
notification is sent to the owner or operator. 12,040
Except as otherwise provided in this division, if the 12,042
schedule of fees that a district is levying under divisions 12,043
(B)(1) to (3) of this section pursuant to a resolution or amended 12,044
resolution adopted and ratified under this division, the solid 12,045
waste management plan of the district approved under section 12,046
3734.55 of the Revised Code, an amended plan approved under 12,047
division (A) or (D) of section 3734.56 of the Revised Code, or an 12,048
amendment to the district's approved plan or amended plan under 12,049
division (E) of section 3734.56 of the Revised Code, is amended 12,050
by the adoption and ratification of an amendment to the 12,051
resolution or amended resolution or an amendment of the 12,052
district's approved plan or amended plan, the fees in effect 12,053
immediately prior to the approval of the plan or the amendment of 12,054
the resolution, amended resolution, plan, or amended plan, as 12,055
appropriate, shall continue to be collected until collection of 12,056
the amended fees commences pursuant to this division. 12,057
If, in the case of a change in district composition 12,059
involving the withdrawal of a county from a joint district, the 12,060
282
director completes the actions required under division (G)(1) or 12,061
(3) of section 3734.521 of the Revised Code, as appropriate, 12,062
forty-five days or more before the beginning of a calendar year, 12,063
the policy committee of each of the districts resulting from the 12,064
change that obtained the director's approval of an initial or 12,065
amended plan in connection with the change, within fourteen days 12,066
after the director's completion of the required actions, shall 12,067
notify by certified mail the owner or operator of each solid 12,068
waste disposal facility that is required to collect the 12,069
district's fees that the change is to take effect on the first 12,070
day of January immediately following the issuance of the notice 12,071
and of the amount of the fees or amended fees levied under 12,072
divisions (B)(1) to (3) of this section pursuant to the 12,073
district's initial or amended pan PLAN as so approved or, if 12,074
appropriate, the abolishment of the district's fees by that 12,075
initial or amended plan. Collection of any fees set forth in 12,076
such a plan or amended plan shall commence on the first day of 12,077
January immediately following the issuance of the notice. If 12,078
such an initial or amended plan abolishes a schedule of fees, 12,079
collection of the fees shall cease on that first day of January. 12,080
If, in the case of a change in district composition 12,082
involving the withdrawal of a county from a joint district, the 12,083
director completes the actions required under division (G)(1) or 12,084
(3) of section 3734.521 of the Revised Code, as appropriate, less 12,085
than forty-five days before the beginning of a calendar year, the 12,086
director, on behalf of each of the districts resulting from the 12,087
change that obtained the director's approval of an initial or 12,088
amended plan in connection with the change proceedings, shall 12,089
notify by certified mail the owner or operator of each solid 12,090
waste disposal facility that is required to collect the 12,091
district's fees that the change is to take effect on the first 12,092
day of January immediately following the mailing of the notice 12,093
and of the amount of the fees or amended fees levied under 12,094
divisions (B)(1) to (3) of this section pursuant to the 12,095
283
district's initial or amended plan as so approved or, if 12,096
appropriate, the abolishment of the district's fees by that 12,097
initial or amended plan. Collection of any fees set forth in 12,098
such a plan or amended plan shall commence on the first day of 12,099
the second month following the month in which notification is 12,100
sent to the owner or operator. If such an initial or amended 12,101
plan abolishes a schedule of fees, collection of the fees shall 12,102
cease on the first day of the second month following the month in 12,103
which notification is sent to the owner or operator. 12,104
In the case of a change in district composition, the 12,106
schedule of fees that the former districts that existed prior to 12,107
the change were levying under divisions (B)(1) to (3) of this 12,108
section pursuant to a resolution or amended resolution adopted 12,109
and ratified under this division, the solid waste management plan 12,110
of a former district approved under section 3734.521 or 3734.55 12,111
of the Revised Code, an amended plan approved under section 12,112
3734.521 or division (A) or (D) of section 3734.56 of the Revised 12,113
Code, or an amendment to a former district's approved plan or 12,114
amended plan under division (E) of section 3734.56 of the Revised 12,115
Code, and that were in effect on the date that the director 12,116
completed the actions required under division (G)(1) or (3) of 12,117
section 3734.521 of the Revised Code shall continue to be 12,118
collected until the collection of the fees or amended fees of the 12,119
districts resulting from the change is required to commence, or 12,120
if an initial or amended plan of a resulting district abolishes a 12,121
schedule of fees, collection of the fees is required to cease, 12,122
under this division. Moneys so received from the collection of 12,123
the fees of the former districts shall be divided among the 12,124
resulting districts in accordance with division (B) of section 12,125
343.012 of the Revised Code and the agreements entered into under 12,126
division (B) of section 343.01 of the Revised Code to establish 12,127
the former and resulting districts and any amendments to those 12,128
agreements. 12,129
For the purposes of the provisions of division (B) of this 12,131
284
section establishing the times when newly established or amended 12,132
fees levied by a district are required to commence and the 12,133
collection of fees that have been amended or abolished is 12,134
required to cease, "fees" or "schedule of fees" includes, in 12,135
addition to fees levied under divisions (B)(1) to (3) of this 12,136
section, those levied under section 3734.573 or 3734.574 of the 12,137
Revised Code. 12,138
(C) For the purposes of defraying the added costs to a 12,140
municipal corporation or township of maintaining roads and other 12,141
public facilities and of providing emergency and other public 12,142
services, and compensating a municipal corporation or township 12,143
for reductions in real property tax revenues due to reductions in 12,144
real property valuations resulting from the location and 12,145
operation of a solid waste disposal facility within the municipal 12,146
corporation or township, a municipal corporation or township in 12,147
which such a solid waste disposal facility is located may levy a 12,148
fee of not more than twenty-five cents per ton on the disposal of 12,149
solid wastes at a solid waste disposal facility located within 12,150
the boundaries of the municipal corporation or township 12,151
regardless of where the wastes were generated. 12,152
The legislative authority of a municipal corporation or 12,154
township may levy fees under this division by enacting an 12,155
ordinance or adopting a resolution establishing the amount of the 12,156
fees. Upon so doing the legislative authority shall mail a 12,157
certified copy of the ordinance or resolution to the board of 12,158
county commissioners or directors of the county or joint solid 12,159
waste management district in which the municipal corporation or 12,160
township is located or, if a regional solid waste management 12,161
authority has been formed under section 343.011 of the Revised 12,162
Code, to the board of trustees of that regional authority, the 12,163
owner or operator of each solid waste disposal facility in the 12,164
municipal corporation or township that is required to collect the 12,165
fee by the ordinance or resolution, and the director of 12,166
environmental protection. Although the fees levied under this 12,167
285
division are levied on the basis of tons as the unit of 12,168
measurement, the legislative authority, in its ordinance or 12,169
resolution levying the fees under this division, may direct that 12,170
the fees be levied on the basis of cubic yards as the unit of 12,171
measurement based upon a conversion factor of three cubic yards 12,172
per ton generally or one cubic yard per ton for baled wastes. 12,173
Not later than five days after enacting an ordinance or 12,175
adopting a resolution under this division, the legislative 12,176
authority shall so notify by certified mail the owner or operator 12,177
of each solid waste disposal facility that is required to collect 12,178
the fee. Collection of any fee levied on or after March 24, 12,179
1992, shall commence on the first day of the second month 12,180
following the month in which notification is sent to the owner or 12,181
operator. 12,182
(D)(1) The fees levied under divisions (A), (B), and (C) 12,184
of this section do not apply to the disposal of solid wastes 12,186
that:
(a) Are disposed of at a facility owned by the generator 12,188
of the wastes when the solid waste facility exclusively disposes 12,189
of solid wastes generated at one or more premises owned by the 12,190
generator regardless of whether the facility is located on a 12,191
premises where the wastes are generated; 12,192
(b) Are disposed of at facilities that exclusively dispose 12,194
of wastes that are generated from the combustion of coal, or from 12,195
the combustion of primarily coal in combination with scrap tires, 12,196
that is not combined in any way with garbage at one or more 12,197
premises owned by the generator. 12,198
(2) Except as provided in section 3734.571 of the Revised 12,200
Code, any fees levied under division (B)(1) of this section apply 12,201
to solid wastes originating outside the boundaries of a county or 12,202
joint district that are covered by an agreement for the joint use 12,203
of solid waste facilities entered into under section 343.02 of 12,204
the Revised Code by the board of county commissioners or board of 12,205
directors of the county or joint district where the wastes are 12,206
286
generated and disposed of. 12,207
(3) When solid wastes, other than solid wastes that 12,209
consist of scrap tires, are burned in a disposal facility that is 12,210
an incinerator or energy recovery facility, the fees levied under 12,211
divisions (A), (B), and (C) of this section shall be levied upon 12,213
the disposal of the fly ash and bottom ash remaining after 12,214
burning of the solid wastes and shall be collected by the owner 12,215
or operator of the sanitary landfill where the ash is disposed 12,216
of.
(4) When solid wastes are delivered to a solid waste 12,218
transfer facility, the fees levied under divisions (A), (B), and 12,219
(C) of this section shall be levied upon the disposal of solid 12,221
wastes transported off the premises of the transfer facility for 12,222
disposal and shall be collected by the owner or operator of the 12,223
solid waste disposal facility where the wastes are disposed of. 12,224
(5) The fees levied under divisions (A), (B), and (C) of 12,226
this section do not apply to sewage sludge that is generated by a 12,227
waste water treatment facility holding a national pollutant 12,228
discharge elimination system permit and that is disposed of 12,229
through incineration, land application, or composting or at 12,230
another resource recovery or disposal facility that is not a 12,231
landfill. 12,232
(6) The fees levied under divisions (A), (B), and (C) of 12,234
this section do not apply to solid wastes delivered to a solid 12,235
waste composting facility for processing. When any unprocessed 12,236
solid waste or compost product is transported off the premises of 12,237
a composting facility and disposed of at a landfill, the fees 12,238
levied under divisions (A), (B), and (C) of this section shall be 12,239
collected by the owner or operator of the landfill where the 12,240
unprocessed waste or compost product is disposed of. 12,241
(7) When solid wastes that consist of scrap tires are 12,243
processed at a scrap tire recovery facility, the fees levied 12,244
under divisions (A), (B), and (C) of this section shall be levied 12,246
upon the disposal of the fly ash and bottom ash or other solid 12,247
287
wastes remaining after the processing of the scrap tires and 12,248
shall be collected by the owner or operator of the solid waste 12,249
disposal facility where the ash or other solid wastes are 12,250
disposed of.
(E) The fees levied under divisions (B) and (C) of this 12,253
section shall be collected by the owner or operator of the solid 12,254
waste disposal facility where the wastes are disposed of as a 12,255
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 12,256
from the fees levied under division (B) of this section shall be 12,258
forwarded to the board of county commissioners or board of 12,259
directors of the district in accordance with rules adopted under 12,260
division (H) of this section. Moneys from the fees levied under 12,261
division (C) of this section shall be forwarded to the treasurer 12,262
or such other officer of the municipal corporation as, by virtue 12,263
of the charter, has the duties of the treasurer or to the clerk 12,264
of the township, as appropriate, in accordance with those rules. 12,265
(F) Moneys received by the treasurer or such other officer 12,267
of the municipal corporation under division (E) of this section 12,268
shall be paid into the general fund of the municipal corporation. 12,269
Moneys received by the clerk of the township under that division 12,270
shall be paid into the general fund of the township. The 12,271
treasurer or such other officer of the municipal corporation or 12,272
the clerk, as appropriate, shall maintain separate records of the 12,273
moneys received from the fees levied under division (C) of this 12,274
section. 12,275
(G) Moneys received by the board of county commissioners 12,277
or board of directors under division (E) of this section or 12,278
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 12,279
Code shall be paid to the county treasurer, or other official 12,280
acting in a similar capacity under a county charter, in a county 12,281
district or to the county treasurer or other official designated 12,282
by the board of directors in a joint district and kept in a 12,283
separate and distinct fund to the credit of the district. If a 12,284
288
regional solid waste management authority has been formed under 12,285
section 343.011 of the Revised Code, moneys received by the board 12,286
of trustees of that regional authority under division (E) of this 12,287
section shall be kept by the board in a separate and distinct 12,288
fund to the credit of the district. Moneys in the special fund 12,289
of the county or joint district arising from the fees levied 12,290
under division (B) of this section and the fee levied under 12,292
division (A) of section 3734.573 of the Revised Code shall be 12,293
expended by the board of county commissioners or directors of the 12,294
district in accordance with the district's solid waste management 12,295
plan or amended plan approved under section 3734.521, 3734.55, or 12,296
3734.56 of the Revised Code exclusively for the following 12,297
purposes:
(1) Preparation of the solid waste management plan of the 12,299
district under section 3734.54 of the Revised Code, monitoring 12,300
implementation of the plan, and conducting the periodic review 12,301
and amendment of the plan required by section 3734.56 of the 12,302
Revised Code by the solid waste management policy committee; 12,303
(2) Implementation of the approved solid waste management 12,305
plan or amended plan of the district, including, without 12,306
limitation, the development and implementation of solid waste 12,307
recycling or reduction programs; 12,308
(3) Providing financial assistance to boards of health 12,310
within the district, if solid waste facilities are located within 12,311
the district, for enforcement of this chapter and rules, orders, 12,312
and terms and conditions of permits, licenses, and variances 12,314
adopted or issued under it, other than the hazardous waste 12,315
provisions of this chapter and rules adopted and orders and terms 12,316
and conditions of permits issued under those provisions; 12,318
(4) Providing financial assistance to each county within 12,320
the district to defray the added costs of maintaining roads and 12,321
other public facilities and of providing emergency and other 12,322
public services resulting from the location and operation of a 12,323
solid waste facility within the county under the district's 12,324
289
approved solid waste management plan or amended plan; 12,325
(5) Pursuant to contracts entered into with boards of 12,327
health within the district, if solid waste facilities contained 12,328
in the district's approved plan or amended plan are located 12,329
within the district, for paying the costs incurred by those 12,330
boards of health for collecting and analyzing samples from public 12,331
or private water wells on lands adjacent to those facilities; 12,332
(6) Developing and implementing a program for the 12,334
inspection of solid wastes generated outside the boundaries of 12,335
this state that are disposed of at solid waste facilities 12,336
included in the district's approved solid waste management plan 12,337
or amended plan; 12,338
(7) Providing financial assistance to boards of health 12,340
within the district for the enforcement of section 3734.03 of the 12,341
Revised Code or to local law enforcement agencies having 12,342
jurisdiction within the district for enforcing anti-littering 12,343
laws and ordinances; 12,344
(8) Providing financial assistance to boards of health of 12,346
health districts within the district that are on the approved 12,347
list under section 3734.08 of the Revised Code to defray the 12,348
costs to the health districts for the participation of their 12,349
employees responsible for enforcement of the solid waste 12,350
provisions of this chapter and rules adopted and orders and terms 12,351
and conditions of permits, licenses, and variances issued under 12,352
those provisions in the training and certification program as 12,353
required by rules adopted under division (L) of section 3734.02 12,354
of the Revised Code; 12,355
(9) Providing financial assistance to individual municipal 12,357
corporations and townships within the district to defray their 12,358
added costs of maintaining roads and other public facilities and 12,359
of providing emergency and other public services resulting from 12,360
the location and operation within their boundaries of a 12,361
composting, energy or resource recovery, incineration, or 12,362
recycling facility that either is owned by the district or is 12,363
290
furnishing solid waste management facility or recycling services 12,364
to the district pursuant to a contract or agreement with the 12,365
board of county commissioners or directors of the district; 12,366
(10) Payment of any expenses that are agreed to, awarded, 12,368
or ordered to be paid under section 3734.35 of the Revised Code 12,369
and of any administrative costs incurred pursuant to that 12,370
section. In the case of a joint solid waste management district, 12,371
if the board of county commissioners of one of the counties in 12,372
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 12,373
the approval of the board of directors of the district in order 12,374
to expend moneys for administrative costs incurred. 12,375
Prior to the approval of the district's solid waste 12,377
management plan under section 3734.55 of the Revised Code, moneys 12,378
in the special fund of the district arising from the fees shall 12,380
be expended for those purposes in the manner prescribed by the 12,382
solid waste management policy committee by resolution. 12,383
Notwithstanding division (G)(6) of this section as it 12,386
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 12,389
with division (B)(2)(e) of section 3734.53 of the Revised Code as 12,390
it existed prior to that date, any moneys arising from the fees 12,391
levied under division (B)(3) of this section prior to January 1, 12,392
1994, may be expended for any of the purposes authorized in 12,393
divisions (G)(1) to (10) of this section. 12,394
(H) The director shall adopt rules in accordance with 12,397
Chapter 119. of the Revised Code prescribing procedures for 12,398
collecting and forwarding the fees levied under divisions (B) and 12,399
(C) of this section to the boards of county commissioners or 12,400
directors of county or joint solid waste management districts and 12,401
to the treasurers or other officers of municipal corporations or 12,402
to the clerks of townships. The rules also shall prescribe the 12,403
dates for forwarding the fees to the boards and officials and may 12,404
prescribe any other requirements the director considers necessary 12,405
291
or appropriate to implement and administer divisions (A), (B), 12,406
and (C) of this section. Collection of the fees levied under 12,407
division (A)(1) of this section shall commence on July 1, 1993. 12,408
Collection of the fees levied under division (A)(2) of this 12,410
section shall commence on January 1, 1994. 12,411
Sec. 3734.82. (A) The annual fee for a scrap tire 12,420
recovery facility license issued under section 3734.81 of the 12,421
Revised Code shall be in accordance with the following schedule: 12,422
Daily Design Input Annual License 12,424
Capacity (Tons) Fee 12,425
1 or less $ 100 12,426
2 to 25 500 12,427
26 to 50 1,000 12,428
51 to 100 1,500 12,429
101 to 200 2,500 12,430
201 to 500 3,500 12,431
501 or more 5,500 12,432
For the purpose of determining the applicable license fee 12,435
under this division, the daily design input capacity shall be the 12,436
quantity of scrap tires the facility is designed to process daily 12,437
as set forth in the registration certificate or permit for the 12,438
facility, and any modifications to the permit, if applicable, 12,439
issued under section 3734.78 of the Revised Code. 12,440
(B) The annual fee for a scrap tire monocell or monofill 12,442
facility license shall be in accordance with the following 12,443
schedule: 12,444
Authorized Maximum Annual License 12,446
Daily Waste Receipt Fee 12,447
(Tons) 12,448
100 or less $ 5,000 12,449
101 to 200 12,500 12,450
201 to 500 30,000 12,451
501 or more 60,000 12,452
For the purpose of determining the applicable license fee 12,455
292
under this division, the authorized maximum daily waste receipt 12,456
shall be the maximum amount of scrap tires the facility is 12,457
authorized to receive daily that is established in the permit for 12,458
the facility, and any modification to that permit, issued under 12,459
section 3734.77 of the Revised Code. 12,460
(C)(1) Except as otherwise provided in division (C)(2) of 12,462
this section, the annual fee for a scrap tire storage facility 12,463
license shall equal one thousand dollars times the number of 12,464
acres on which scrap tires are to be stored at the facility 12,465
during the license year, as set forth on the application for the 12,466
annual license, except that the total annual license fee for any 12,467
such facility shall not exceed three thousand dollars. 12,468
(2) The annual fee for a scrap tire storage facility 12,470
license for a storage facility that is owned or operated by a 12,471
motor vehicle salvage dealer licensed under Chapter 4738. of the 12,472
Revised Code is one hundred dollars. 12,473
(D)(1) Except as otherwise provided in division (D)(2) of 12,475
this section, the annual fee for a scrap tire collection facility 12,476
license is two hundred dollars. 12,477
(2) The annual fee for a scrap tire collection facility 12,479
license for a collection facility that is owned or operated by a 12,480
motor vehicle salvage dealer licensed under Chapter 4738. of the 12,481
Revised Code is fifty dollars. 12,482
(E) Except as otherwise provided in divisions (C)(2) and 12,484
(D)(2) of this section, the same fees apply to private operators 12,485
and to the state and its political subdivisions and shall be paid 12,486
within thirty days after the issuance of a license. The fees 12,487
include the cost of licensing, all inspections, and other costs 12,488
associated with the administration of the scrap tire provisions 12,489
of this chapter and rules adopted under them. Each license shall 12,490
specify that it is conditioned upon payment of the applicable fee 12,491
to the board of health or the director of environmental 12,492
protection, as appropriate, within thirty days after the issuance 12,494
of the license.
293
(F) The board of health shall retain fifteen thousand 12,496
dollars of each license fee collected by the board under division 12,497
(B) of this section, or the entire amount of any such fee that is 12,498
less than fifteen thousand dollars, and the entire amount of each 12,499
license fee collected by the board under divisions (A), (C), and 12,500
(D) of this section. The moneys retained shall be paid into a 12,501
special fund, which is hereby created in each health district, 12,502
and used solely to administer and enforce the scrap tire 12,503
provisions of this chapter and rules adopted under them. The 12,504
remainder, if any, of each license fee collected by the board 12,505
under division (B) of this section shall be transmitted to the 12,506
director within forty-five days after receipt of the fee. 12,508
(G) The director shall transmit the moneys received by the 12,510
director from license fees collected under division (B) of this 12,511
section to the treasurer of state to be credited to the scrap 12,512
tire management fund, which is hereby created in the state 12,513
treasury. The fund shall consist of all federal moneys received 12,514
by the environmental protection agency for the scrap tire 12,515
management program; all grants, gifts, and contributions made to 12,516
the director for that program; and all other moneys that may be 12,517
provided by law for that program. The director shall use moneys 12,518
in the fund as follows: 12,519
(1) Expend not more than seven hundred fifty thousand 12,521
dollars during each fiscal year to implement, administer, and 12,523
enforce the scrap tire provisions of this chapter and rules 12,524
adopted under them; 12,525
(2) For fiscal years 1998 and 1999, grant not more than 12,529
one hundred fifty thousand dollars during each fiscal year to the 12,530
polymer institute at the university of Akron for the purpose of 12,531
expediting research concerning and evaluation of alternative 12,532
methods of recycling scrap tires. The institute shall report to 12,533
the director annually concerning research programs under review, 12,534
and the results of scrap tire recycling experiments conducted, by 12,535
or in conjunction with the institute. The university shall 12,536
294
report to the director biennially concerning the expenditures of 12,537
moneys received by the institute under division (G)(2) of this 12,538
section.
(3) During each of fiscal years 1998, 1999, and 2000 YEAR, 12,541
request the director of budget and management to, and the 12,543
director of budget and management shall, transfer one million 12,544
dollars to the facilities establishment SCRAP TIRE LOANS AND 12,545
GRANTS fund created in section 166.03 166.032 of the Revised Code 12,546
for the purposes specified in that section; 12,547
(4) Annually transfer to the central support indirect fund 12,549
created in section 3745.014 of the Revised Code an amount equal 12,551
to not more than twelve per cent of each fiscal year's 12,552
appropriation to the scrap tire management fund.
(H)(1) If, during A fiscal year 1997, 1998, 1999, or 2000, 12,554
more than three million five hundred thousand dollars are 12,556
credited to the scrap tire management fund, the director, at the 12,557
conclusion of the fiscal year, shall request the director of 12,559
budget and management to, and the director of budget and 12,560
management shall, transfer to the facilities establishment SCRAP 12,562
TIRE LOANS AND GRANTS fund one-half of the moneys credited to the 12,564
scrap tire management fund in excess of that amount. 12,565
(2) In each of fiscal years 1998, 1999, and 2000 YEAR, if 12,568
more than three million five hundred thousand dollars are 12,569
credited to the scrap tire management fund during the preceding 12,570
fiscal year, the director shall expend during the current fiscal 12,571
year one-half of that excess amount to conduct removal operations 12,572
under section 3734.85 of the Revised Code. 12,573
(I) After the actions in divisions (G)(1) to (4) and (H) 12,576
of this section are completed during each of fiscal years 1998,
1999, and 2000 YEAR, the director may expend up to the balance 12,577
remaining from prior fiscal years in the scrap tire management 12,579
fund to conduct removal actions under section 3734.85 of the 12,580
Revised Code. Prior to using any moneys in the fund for that 12,581
purpose in a fiscal year, the director shall request the approval 12,582
295
of the controlling board for that use of the moneys. The request 12,583
shall be accompanied by a plan describing the removal actions to 12,584
be conducted during the fiscal year and an estimate of the costs 12,585
of conducting them. The controlling board shall approve the plan 12,586
only if the board finds that the proposed removal actions are in 12,587
accordance with the priorities set forth in division (B) of 12,588
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. 12,590
Sec. 3734.87. Not later than five years after the 12,599
effective date of this section DURING THE YEARS 2002 AND 2006, 12,600
the director of environmental protection shall submit a report to 12,601
the speaker of the house of representatives and the president of 12,602
the senate concerning the implementation, administration, and 12,603
enforcement of the scrap tire provisions of this chapter and 12,604
rules adopted under them, including at least a discussion of the 12,605
expenditure of moneys from the scrap tire management fund created 12,606
in section 3734.82 of the Revised Code and recommendations
concerning any legislative changes needed to improve that 12,607
implementation, administration, and enforcement. 12,608
Sec. 3734.901. (A) For the purpose of providing revenue 12,617
to defray the cost of administering and enforcing the scrap tire 12,618
provisions of this chapter, rules adopted under those provisions, 12,619
and terms and conditions of orders, variances, and licenses 12,620
issued under those provisions; to abate accumulations of scrap 12,621
tires; to make grants to promote research regarding alternative 12,622
methods of recycling scrap tires and loans to promote the 12,623
recycling or recovery of energy from scrap tires; and to defray 12,624
the costs of administering and enforcing sections 3734.90 to 12,625
3734.9014 of the Revised Code, a fee of fifty cents per tire is 12,626
hereby levied on the sale of tires. The fee is levied from the 12,627
first day of the calendar month that begins next after thirty 12,628
days from the effective date of this section OCTOBER 29, 1993, 12,630
through June 30, 2000 2006. 12,631
(B) Only one sale of the same article shall be used in 12,633
296
computing the amount of the fee due. 12,634
Sec. 3742.03. Not later than six months after the 12,644
effective date of this section, the THE public health council 12,646
shall adopt rules in accordance with Chapter 119. of the Revised 12,647
Code for the administration and enforcement of this chapter. The 12,648
rules shall specify all of the following: 12,649
(A) Procedures to be followed by any individual licensed 12,651
under section 3742.05 of the Revised Code for undertaking lead 12,652
abatement activities; 12,653
(B)(1) Requirements for training and licensure, in 12,655
addition to those established under section 3742.08 of the 12,656
Revised Code, to include levels of training and periodic 12,657
refresher training for each class of worker, and to be used for 12,658
licensure under section 3742.05 of the Revised Code. These 12,659
requirements shall include at least twenty-four classroom hours 12,660
of training based on the Occupational Safety and Health Act 12,661
training program for lead set forth in 29 C.F.R. 1926.62. In 12,662
establishing the training and licensure requirements, the public 12,663
health council shall consider the core of information that is 12,664
needed by all licensed persons, and establish the training 12,665
requirements so that persons who would seek licenses in more than 12,666
one area would not have to take duplicative course work. 12,667
(2) Persons certified by the American board of industrial 12,669
hygiene as a certified industrial hygienist (CIH) or as an 12,670
industrial hygienist-in-training (IHIT), and persons registered 12,671
as a sanitarian or sanitarian-in-training under Chapter 4736. of 12,672
the Revised Code, shall be exempt from any training requirements 12,673
for initial licensure established under this chapter, but shall 12,674
be required to take any examinations for licensure required under 12,675
section 3742.05 of the Revised Code. 12,676
(C) Fees for licenses issued under section 3742.05 of the 12,678
Revised Code and for their renewal. The public health council 12,680
may establish an "examination only" fee for licensure of persons 12,681
who are exempt from training requirements for licensure but who 12,683
297
are required to take examinations for licensure.; 12,685
(D) Procedures to be followed by lead inspectors, lead 12,687
abatement contractors, environmental lead analytical 12,688
laboratories, lead risk assessors, lead abatement project 12,689
designers, and lead abatement workers to prevent public exposure 12,690
to lead hazards and ensure worker protection during lead 12,691
abatement projects; 12,692
(E)(1) Record-keeping and reporting requirements for 12,694
clinical laboratories, environmental lead analytical 12,695
laboratories, lead inspectors, lead abatement contractors, lead 12,696
risk assessors, lead abatement project designers, and lead 12,697
abatement workers for lead abatement projects; 12,698
(2) Record-keeping and reporting requirements regarding 12,700
lead poisoning for physicians, in addition to the requirements of 12,701
section 3701.25 of the Revised Code; 12,702
(3) Information that is required to be reported under 12,704
rules based on divisions (E)(1) and (2) of this section and that 12,705
is a medical record is not a public record under section 149.43 12,706
of the Revised Code and shall not be released, except in 12,707
aggregate statistical form. 12,708
(F) Procedures for inspections conducted by the director 12,710
of health or a board of health under section 3742.12 or 3742.13 12,711
of the Revised Code; 12,712
(G) The level of lead in lead-based paint, 12,714
lead-contaminated dust, and lead-contaminated soil that is 12,715
hazardous to human health; 12,716
(H) The level of lead in human blood that is hazardous to 12,718
human health according to information obtained from the centers 12,719
for disease control and prevention in the public health service 12,720
of the United States department of health and human services; 12,721
(I) Environmental sampling techniques for use in 12,723
collecting samples of air, water, paint, and other materials; 12,724
(J) Requirements for a respiratory protection plan 12,726
prepared in accordance with section 3742.07 of the Revised Code; 12,727
298
(K) Requirements that UNDER WHICH a manufacturer of A LEAD 12,730
abatement systems and abatement products SYSTEM OR PRODUCT MUST 12,731
demonstrate evidence of safety and durability of their products 12,732
ITS SYSTEM OR PRODUCT by providing results of testing from an 12,734
independent laboratory that indicate INDICATING that the products 12,735
meet SYSTEM OR PRODUCT MEETS the standards developed by the ASTM"E06.23" subcommittee for the particular product or system OR 12,738
PRODUCT BY THE "E06.23 SUBCOMMITTEE," WHICH IS THE LEAD-PAINT 12,739
ABATEMENT SUBCOMMITTEE OF THE PERFORMANCE OF BUILDINGS COMMITTEE 12,740
OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS; 12,741
(L) Procedures to be followed by the public health council 12,743
in revising its rules to ensure that lead-hazard activities 12,744
meeting the provisions of this chapter continue to be eligible 12,745
for federal funding and meet the requirements promulgated by 12,746
regulation by the United States environmental protection agency, 12,747
the United States department of housing and urban development, 12,748
and other federal agencies that may have jurisdiction over lead 12,749
hazards; 12,750
(M) Any other requirements the council considers 12,752
appropriate for the administration or enforcement of this 12,753
chapter. 12,754
Sec. 3742.04. (A) The director of health shall do all of 12,763
the following: 12,764
(1) Administer and enforce the requirements of this 12,766
chapter and the rules adopted pursuant to it; 12,767
(2)(a) Conduct research and disseminate information on the 12,769
number, extent, and general geographic location of 12,770
lead-contaminated structures, which may include a statewide 12,771
survey and may include the establishment of a unit for the 12,772
collection and analysis of data on lead-hazard detection and 12,773
lead-hazard reduction activities, including the licensing, 12,774
certification, accreditation, APPROVAL, and enforcement 12,775
activities under this chapter; 12,776
(b) Update information and data collected or disseminated 12,778
299
under division (A)(2)(a) of this section to include the results 12,779
of an inspection or assessment conducted pursuant to section 12,780
3742.14 of the Revised Code, when a report based on that 12,781
inspection is provided to the director pursuant to rules adopted 12,782
by the public health council under section 3742.03 of the Revised 12,783
Code. 12,784
(3) Examine records and reports submitted by lead 12,786
inspectors, lead abatement contractors, lead risk assessors, lead 12,787
abatement project designers, and lead abatement workers in 12,788
accordance with section 3742.05 of the Revised Code to determine 12,789
whether the requirements of this chapter are being met; 12,790
(4) Examine records and reports submitted by physicians, 12,792
clinical laboratories, and environmental lead analytical 12,793
laboratories under section 3701.25 or 3742.09 of the Revised 12,794
Code; 12,795
(5) Issue approval to manufacturers of lead abatement 12,797
systems or products that have done all of the following: 12,798
(a) Submitted an application for approval to the director 12,800
on a form prescribed by the director; 12,801
(b) Paid the application fee established by the director; 12,803
(c) Submitted results from an independent laboratory 12,805
indicating THAT the MANUFACTURER'S SYSTEM OR product or system 12,807
satisfies ASTM standards pursuant to rules THE REQUIREMENTS 12,808
established IN RULES ADOPTED under division (K) of section 12,809
3742.03 of the Revised Code; 12,810
(d) Complied with rules adopted by the public health 12,812
council regarding durability and safety to workers and residents. 12,813
(6) Establish liaisons and cooperate with the directors or 12,815
agencies in states having lead abatement, accreditation, 12,816
licensing, and ACCREDITATION, certification, AND APPROVAL 12,818
programs to promote consistency between the requirements of this 12,819
chapter and those of other states in order to facilitate 12,820
reciprocity of licensing, certification, and accreditation THE 12,821
PROGRAMS among states.
300
(B) In addition to any other authority granted by this 12,823
chapter, the director of health may do any of the following: 12,824
(1) Employ persons who have received training from a 12,826
program the director has determined provides the necessary 12,827
background. The appropriate training may be obtained in a state 12,828
that has an ongoing lead abatement program under which it 12,829
conducts educational programs. 12,830
(2) Conduct lead abatement training programs and licensure 12,832
examinations, and collect fees to cover the cost of conducting 12,833
them; 12,834
(3) Conduct or cooperate with other state agencies to 12,836
conduct programs of public education on the nature and 12,837
consequences of lead hazards and on the need for lead-hazard 12,838
reduction activities to be conducted under careful supervision by 12,839
licensed and accredited personnel; 12,840
(4)(3) Cooperate with the United States environmental 12,842
protection agency in any joint oversight procedures the agency 12,843
may propose for laboratories that offer lead analysis services 12,844
and are accredited under the EPA AGENCY'S laboratory 12,845
accreditation program; 12,846
(5)(4) Advise, consult, cooperate with, or enter into 12,848
contracts or cooperative agreements with any person, government 12,849
entity, interstate agency, or the federal government as he THE 12,850
DIRECTOR considers necessary to fulfill the requirements of this 12,851
chapter and the rules adopted under it. 12,852
Sec. 3742.05. (A)(1) The director of health shall issue 12,861
lead inspector, lead abatement contractor, lead risk assessor, 12,862
lead abatement project designer, and lead abatement worker 12,863
licenses. The director shall issue a license to an applicant who 12,864
meets all of the following requirements: 12,865
(a) Submits an application to the director on a form 12,867
prescribed by the director; 12,868
(b) Meets the licensing and training requirements 12,870
established by the public health council under section 3742.03 of 12,871
301
the Revised Code; 12,872
(c) Successfully completes the licensing examination for 12,874
his THE APPLICANT'S area of expertise approved by the director 12,876
ADMINISTERED under section 3742.08 of the Revised Code and any 12,877
training required by the director under that section; 12,878
(d) Pays the license fee established by the public health 12,880
council under section 3742.03 of the Revised Code; 12,881
(e) Provides any information the director may require to 12,883
demonstrate the applicant's compliance with this chapter and the 12,884
rules adopted under it. 12,885
(2) An individual may hold more than one license issued 12,887
under this division, but a separate application is required for 12,888
each license. 12,889
(B) A license issued under this section expires two years 12,891
after the date of issuance. The director shall renew a license 12,892
in accordance with the standard renewal procedure set forth in 12,893
Chapter 4745. of the Revised Code, if the licensee does all of 12,894
the following: 12,895
(1) Continues to meet the requirements of division (A) of 12,897
this section; 12,898
(2) Demonstrates compliance with procedures to prevent 12,900
public exposure to lead hazards and for worker protection during 12,901
lead abatement projects established by rule adopted by the public 12,902
health council under section 3742.03 of the Revised Code; 12,903
(3) Meets the record-keeping and reporting requirements 12,905
for lead abatement projects established by rule adopted by the 12,906
public health council under section 3742.03 of the Revised Code; 12,907
(4) Pays the license renewal fee established by rule 12,909
adopted by the public health council under section 3742.03 of the 12,910
Revised Code. 12,911
(C) An individual licensed, certified, or otherwise 12,913
approved under the law of another state to perform functions 12,914
substantially similar to those of a lead inspector, lead 12,915
abatement contractor, lead risk assessor, lead abatement project 12,916
302
designer, or lead abatement worker may apply to the director of 12,917
health for licensure in accordance with the procedures set forth 12,918
in division (A) of this section. The director shall license an 12,919
individual under this division on a determination that the 12,920
standards for licensure, certification, or approval in that state 12,921
are at least substantially equivalent to those established by 12,922
this chapter and the rules adopted under it. The director may 12,923
require an examination for licensure under this division. 12,924
Sec. 3742.08. (A)(1) The director of health shall 12,933
conduct, specify requirements by rule, or approve training 12,934
programs and examinations for licensure of lead inspectors, lead 12,935
abatement contractors, lead risk assessors, lead abatement 12,936
project designers, and lead abatement workers. In accordance 12,937
with Chapter 119. of the Revised Code, the director shall adopt 12,938
rules establishing all of the following: 12,939
(1)(a) A system for accreditation of training programs and 12,941
the requirements for accreditation, including curriculum 12,942
requirements, hour requirements, hands-on training requirements, 12,943
trainee competency and proficiency requirements, and requirements 12,944
for quality control; 12,945
(2) Procedures and criteria for approval of licensing 12,947
examinations and the qualifications of examination 12,948
administrators; 12,949
(3)(b) Fees for application for approval of a training 12,951
program and for participating in any program conducted by the 12,952
director; 12,953
(4) Fees for licensing examinations; 12,955
(5)(c) Any other requirements pertinent to the operation 12,957
of a training program or an examination. 12,958
(B)(2) Each applicant for approval of a training program 12,960
or examination shall submit a completed application to the 12,961
director on a form the director shall prescribe and provide. The 12,962
director shall issue the appropriate EVIDENCE OF approval to each 12,963
applicant who meets the requirements of division (A)(1) of this 12,965
303
section and the criteria for approval established by rule adopted 12,966
under THIS section 3742.03 of the Revised Code and pays the fee. 12,967
(B) THE DIRECTOR SHALL ADMINISTER EXAMINATIONS FOR 12,969
LICENSURE UNDER THIS CHAPTER BY CONDUCTING EXAMINATIONS, 12,970
CONTRACTING PURSUANT TO SECTION 3701.044 OF THE REVISED CODE FOR 12,971
ANOTHER ENTITY TO CONDUCT THE EXAMINATIONS, OR APPROVING 12,972
EXAMINATIONS. IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 12,973
CODE, THE DIRECTOR SHALL ADOPT RULES SPECIFYING REQUIREMENTS FOR 12,974
THE ADMINISTRATION OF LICENSING EXAMINATIONS. THE RULES SHALL 12,975
INCLUDE REQUIREMENTS REGARDING THE QUALIFICATIONS OF EXAMINATION 12,977
ADMINISTRATORS, FEES TO COVER THE COST OF CONDUCTING THE 12,978
EXAMINATIONS, AND ANY OTHER REQUIREMENTS PERTINENT TO THE
EXAMINATIONS. 12,979
IF THE DIRECTOR IMPLEMENTS A SYSTEM OF APPROVING 12,981
EXAMINATIONS, THE RULES SHALL INCLUDE PROCEDURES AND CRITERIA FOR 12,982
APPROVAL AND FEES FOR THE APPROVAL. EACH APPLICANT FOR APPROVAL 12,983
SHALL SUBMIT A COMPLETED APPLICATION TO THE DIRECTOR ON A FORM 12,984
THE DIRECTOR SHALL PRESCRIBE AND PROVIDE. THE DIRECTOR SHALL 12,985
ISSUE EVIDENCE OF APPROVAL TO EACH APPLICANT WHO MEETS THE 12,986
CRITERIA FOR APPROVAL ESTABLISHED IN RULES ADOPTED UNDER THIS 12,987
DIVISION.
Sec. 3742.19. All EXCEPT FOR ANY LICENSING EXAMINATION FEE 12,996
COLLECTED AND RETAINED BY AN ENTITY UNDER CONTRACT PURSUANT TO 12,997
DIVISION (B) OF SECTION 3742.08 OF THE REVISED CODE, ALL fees 12,998
collected by the director of health under this chapter and any 13,000
grant, contribution, or other moneys received by him for the 13,001
purposes of this chapter shall be deposited into the state 13,003
treasury to the credit of the lead program fund, which is hereby 13,004
created. The moneys in the fund shall be used solely for the 13,005
administration and enforcement of this chapter and the rules 13,006
adopted under it.
Sec. 3745.11. (A) Applicants for and holders of permits, 13,015
licenses, variances, plan approvals, and certifications issued by 13,016
the director of environmental protection pursuant to Chapters 13,017
304
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 13,018
fee to the environmental protection agency for each such issuance 13,019
and each application for an issuance as provided by this section. 13,020
No fee shall be charged for any issuance for which no application 13,021
has been submitted to the director. 13,022
(B) Prior to January 1, 1994, each person issued a permit 13,024
to operate, variance, or permit to install under section 3704.03 13,025
of the Revised Code shall pay the fees specified in the following 13,026
schedule: 13,027
(1) Fuel-Burning Equipment 13,029
Input capacity 13,031
(million British Permit Permit 13,032
thermal units to to 13,034
per hour) operate Variance install 13,037
0 or more, but 13,040
less than 10 $ 75 $225 $ 100
10 or more, but 13,041
less than 100 210 450 390
100 or more, but 13,042
less than 300 270 675 585
300 or more, but 13,043
less than 500 330 900 780
500 or more 500 975 1000 13,044
Any fuel-burning equipment using only natural gas, propane, 13,047
liquefied petroleum gas, or number two or lighter fuel oil shall 13,048
be assessed a fee one-half of that shown. 13,049
(2) Incinerators 13,051
Input capacity Permit Permit 13,054
(pounds per to to 13,056
hour) operate Variance install 13,059
0 to 50 $ 50 $225 $ 65 13,062
51 to 500 210 450 390 13,063
501 to 2000 270 675 585 13,064
2001 to 30,000 330 900 780 13,065
305
more than 30,000 500 975 1000 13,066
(3) Process 13,069
Process weight Permit Permit 13,072
rate to to 13,073
(pounds per hour) operate Variance install 13,076
0 to 1000 $100 $225 $ 200 13,079
1001 to 5000 210 450 390 13,080
5001 to 10,000 270 675 585 13,081
10,001 to 50,000 330 900 780 13,082
more than 50,000 500 975 1000 13,083
In any process where process weight rate cannot be 13,086
ascertained, the minimum fee shall be assessed. 13,087
(4) Storage tanks 13,089
Gallons Permit to Permit to 13,092
(capacity) operate Variance install 13,094
less than 40,000 $150 $225 $ 195 13,097
40,000 or more, but 13,098
less than 100,000 210 450 390
100,000 or more, but 13,099
less than 400,000 270 675 585
400,000 or more, but 13,100
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 13,101
(5) Gasoline 13,104
Gasoline dispensing Permit to Permit to 13,107
facilities operate Variance install 13,109
For each gasoline 13,112
dispensing
facility $20 $100 $50
(6) Dry cleaning 13,115
Dry cleaning Permit to Permit to 13,118
facilities operate Variance install 13,120
306
For each dry 13,123
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 13,126
of the Revised Code shall be assessed a fee of two hundred fifty 13,127
dollars per mine or location. 13,128
(C)(1) Except as otherwise provided in division (C)(2) of 13,130
this section, beginning July 1, 1994, each person who owns or 13,131
operates an air contaminant source and who is required to apply 13,132
for and obtain a Title V permit under section 3704.036 of the 13,133
Revised Code shall pay the fees set forth in division (C)(1) of 13,134
this section. For the purposes of that division, total emissions 13,135
of air contaminants may be calculated using engineering 13,136
calculations, emissions factors, material balance calculations, 13,137
or performance testing procedures, as authorized by the director. 13,138
The following fees shall be assessed on the total actual 13,140
emissions from a source in tons per year of the regulated 13,141
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 13,142
organic compounds, and lead: 13,143
(a) Fifteen dollars per ton on the total actual emissions 13,145
of each such regulated pollutant during the period July through 13,146
December 1993, to be collected no sooner than July 1, 1994; 13,147
(b) Twenty dollars per ton on the total actual emissions 13,149
of each such regulated pollutant during calendar year 1994, to be 13,150
collected no sooner than April 15, 1995; 13,151
(c) Twenty-five dollars per ton on the total actual 13,153
emissions of each such regulated pollutant in calendar year 1995, 13,154
and each subsequent calendar year, to be collected no sooner than 13,155
the fifteenth day of April of the year next succeeding the 13,156
calendar year in which the emissions occurred. 13,157
The fees levied under division (C)(1) of this section do 13,159
not apply to that portion of the emissions of a regulated 13,160
pollutant at a facility that exceed four thousand tons during a 13,161
calendar year. 13,162
(2) The fees assessed under division (C)(1) of this 13,164
307
section are for the purpose of providing funding for the Title V 13,165
permit program. 13,166
(3) The fees assessed under division (C)(1) of this 13,168
section do not apply to emissions from any electric generating 13,169
unit designated as a Phase I unit under Title IV of the federal 13,170
Clean Air Act prior to calendar year 2000. Those fees shall be 13,171
assessed on the emissions from such a generating unit commencing 13,172
in calendar year 2001 based upon the total actual emissions from 13,173
the generating unit during calendar year 2000. 13,174
(4) The director shall issue invoices to owners or 13,176
operators of air contaminant sources who are required to pay a 13,177
fee assessed under division (C) or (D) of this section. Any such 13,178
invoice shall be issued no sooner than the applicable date when 13,179
the fee first may be collected in a year under the applicable 13,180
division, shall identify the nature and amount of the fee 13,181
assessed, and shall indicate that the fee is required to be paid 13,182
within thirty days after the issuance of the invoice. 13,183
(D) Beginning (1) EXCEPT AS PROVIDED IN DIVISION (D)(2) 13,186
OF THIS SECTION, BEGINNING January 1, 1994, each person who owns 13,187
or operates an air contaminant source; who is required to apply 13,188
for a permit to operate pursuant to rules adopted under division 13,189
(G), or a variance pursuant to division (H), of section 3704.03 13,190
of the Revised Code; and who is not required to apply for and 13,191
obtain a Title V permit under section 3704.036 of the Revised 13,192
Code shall pay a single fee based upon the sum of the actual 13,193
annual emissions from the facility of the regulated pollutants 13,194
particulate matter, sulfur dioxide, nitrogen oxides, organic 13,196
compounds, and lead in accordance with the following schedule: 13,197
Total tons 13,199
per year of regulated Annual fee 13,201
pollutants emitted per facility 13,203
More than 0, but less than 50 $ 75 13,205
50 or more, but less than 100 300 13,206
100 or more 700 13,207
308
(2)(a) AS USED IN DIVISION (D) OF THIS SECTION, "SYNTHETIC 13,211
MINOR FACILITY" MEANS A FACILITY FOR WHICH ONE OR MORE PERMITS TO 13,212
INSTALL OR PERMITS TO OPERATE HAVE BEEN ISSUED FOR THE AIR 13,213
CONTAMINANT SOURCES AT THE FACILITY THAT INCLUDE TERMS AND 13,214
CONDITIONS THAT LOWER THE FACILITY'S POTENTIAL TO EMIT AIR 13,215
CONTAMINANTS BELOW THE MAJOR SOURCE THRESHOLDS ESTABLISHED IN 13,216
RULES ADOPTED UNDER SECTION 3704.036 OF THE REVISED CODE. 13,218
(b) BEGINNING JANUARY 1, 2000, EACH PERSON WHO OWNS OR 13,220
OPERATES A SYNTHETIC MINOR FACILITY SHALL PAY AN ANNUAL FEE BASED 13,222
ON THE SUM OF THE ACTUAL ANNUAL EMISSIONS FROM THE FACILITY OF 13,223
PARTICULATE MATTER, SULFUR DIOXIDE, NITROGEN DIOXIDE, ORGANIC 13,224
COMPOUNDS, AND LEAD IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 13,225
COMBINED TOTAL TONS 13,227
PER YEAR OF ALL REGULATED ANNUAL FEE 13,229
POLLUTANTS EMITTED PER FACILITY 13,231
LESS THAN 10 $ 170 13,234
10 OR MORE, BUT LESS THAN 20 340 13,236
20 OR MORE, BUT LESS THAN 30 670 13,238
30 OR MORE, BUT LESS THAN 40 1,010 13,240
40 OR MORE, BUT LESS THAN 50 1,340 13,242
50 OR MORE, BUT LESS THAN 60 1,680 13,244
60 OR MORE, BUT LESS THAN 70 2,010 13,246
70 OR MORE, BUT LESS THAN 80 2,350 13,248
80 OR MORE, BUT LESS THAN 90 2,680 13,250
90 OR MORE, BUT LESS THAN 100 3,020 13,252
100 OR MORE 3,350 13,254
(3) The fees assessed under this division (D)(1) OF THIS 13,258
SECTION shall be collected annually no sooner than the fifteenth 13,259
day of April, commencing in 1995. THE FEES ASSESSED UNDER 13,260
DIVISION (D)(2) OF THIS SECTION SHALL BE COLLECTED NO SOONER THAN 13,261
THE FIFTEENTH DAY OF APRIL, COMMENCING IN 2000. The fee FEES 13,262
assessed under this division (D) OF THIS SECTION in a calendar 13,263
year shall be based upon the sum of the actual emissions of those 13,264
regulated pollutants during the preceding calendar year. For the 13,265
309
purpose of this division (D) OF THIS SECTION, emissions of air 13,266
contaminants may be calculated using engineering calculations, 13,268
emission factors, material balance calculations, or performance 13,269
testing procedures, as authorized by the director. The director, 13,270
by rule, may require persons who are required to pay the fees 13,271
assessed under this division (D) OF THIS SECTION to pay those 13,272
fees biennially rather than annually. 13,273
(E)(1) Consistent with the need to cover the reasonable 13,275
costs of the Title V permit program, the director annually shall 13,276
increase the fees prescribed in division (C)(1) of this section 13,277
by the percentage, if any, by which the consumer price index for 13,278
the most recent calendar year ending before the beginning of a 13,279
year exceeds the consumer price index for calendar year 1989. 13,280
Upon calculating an increase in fees authorized by division 13,281
(E)(1) of this section, the director shall compile revised fee 13,282
schedules for the purposes of division (C)(1) of this section and 13,283
shall make the revised schedules available to persons required to 13,284
pay the fees assessed under that division and to the public. 13,285
(2) For the purposes of division (E)(1) of this section: 13,287
(a) The consumer price index for any year is the average 13,289
of the consumer price index for all urban consumers published by 13,290
the United States department of labor as of the close of the 13,291
twelve-month period ending on the thirty-first day of August of 13,292
that year; 13,293
(b) If the 1989 consumer price index is revised, the 13,295
director shall use the revision of the consumer price index that 13,296
is most consistent with that for calendar year 1989. 13,297
(F) Each person who is issued a permit to install pursuant 13,299
to rules adopted under division (F) of section 3704.03 of the 13,300
Revised Code on or after January 1, 1994, shall pay the fees 13,301
specified in the following schedules: 13,302
(1) 13,304
(1) Fuel-burning equipment (boilers) 13,306
Input capacity (maximum) 13,308
310
(million British thermal units per Permit to install 13,309
hour)
Greater than 0, but less than 10 $ 200 13,310
10 or more, but less than 100 400 13,311
100 or more, but less than 300 800 13,312
300 or more, but less than 500 1500 13,313
500 or more, but less than 1000 2500 13,314
1000 or more, but less than 5000 4000 13,315
5000 or more 6000 13,316
Units burning exclusively natural gas, number two fuel oil, 13,319
or both shall be assessed a fee that is one-half the applicable 13,320
amount shown in division (F)(1) of this section. 13,321
(2) 13,323
(2) Incinerators 13,325
Input capacity (pounds per hour) Permit to install 13,327
0 to 100 $ 100 13,328
101 to 500 400 13,329
501 to 2000 750 13,330
2001 to 20,000 1000 13,331
more than 20,000 2500 13,332
(3) 13,335
(3)(a) Process 13,337
Process weight rate (pounds per Permit to install 13,339
hour)
0 to 1000 $ 200 13,340
1001 to 5000 400 13,341
5001 to 10,000 600 13,342
10,001 to 50,000 800 13,343
more than 50,000 1000 13,344
In any process where process weight rate cannot be 13,347
ascertained, the minimum fee shall be assessed. 13,348
(b) Notwithstanding division (F)(3)(a) of this section, 13,350
any person issued a permit to install pursuant to rules adopted 13,351
under division (F) of section 3704.03 of the Revised Code shall 13,352
311
pay the fees set forth in division (F)(3)(c) of this section for 13,353
a process used in any of the following industries, as identified 13,354
by the applicable four-digit standard industrial classification 13,355
code according to the Standard Industrial Classification Manual 13,356
published by the United States office of management and budget in 13,357
the executive office of the president, 1972, as revised: 13,358
1211 Bituminous coal and lignite mining; 13,360
1213 Bituminous coal and lignite mining services; 13,362
1411 Dimension stone; 13,364
1422 Crushed and broken limestone; 13,366
1427 Crushed and broken stone, not elsewhere classified; 13,368
1442 Construction sand and gravel; 13,370
1446 Industrial sand; 13,372
3281 Cut stone and stone products; 13,374
3295 Minerals and earth, ground or otherwise treated. 13,376
(c) The fees set forth in the following schedule apply to 13,378
the issuance of a permit to install pursuant to rules adopted 13,379
under division (F) of section 3704.03 of the Revised Code for a 13,380
process identified in division (F)(3)(b) of this section: 13,381
Process weight rate Permit to install 13,383
(pounds per hour)
0 to 10,000 $200 13,384
10,001 to 50,000 300 13,385
50,001 to 100,000 400 13,386
100,001 to 200,000 500 13,387
200,001 to 400,000 600 13,388
400,001 or more 700 13,389
(4) 13,392
(4) Storage tanks 13,394
Gallons (maximum useful Permit to install 13,396
capacity)
0 to 20,000 $100 13,397
20,001 to 40,000 150 13,398
40,001 to 100,000 200 13,399
312
100,001 to 250,000 250 13,400
250,001 to 500,000 350 13,401
500,001 to 1,000,000 500 13,402
1,000,001 or greater 750 13,403
(5) 13,406
(5) Gasoline/fuel dispensing facilities 13,408
For each gasoline/fuel Permit to install 13,410
dispensing facility
(includes all units at $100 13,411
the facility)
(6) 13,414
(6) Dry cleaning facilities 13,416
For each dry cleaning Permit to install 13,418
facility
(includes all units at $100 13,419
the facility)
(7) 13,422
(7) Registration status 13,424
Permit to install 13,426
For each source covered 13,427
by registration status $75
(G) An owner or operator who is responsible for an 13,430
asbestos demolition or renovation project pursuant to rules 13,431
adopted under section 3704.03 of the Revised Code shall pay the 13,432
fees set forth in the following schedule: 13,433
Action Fee 13,435
Each notification $75 13,436
Asbestos removal $3/unit 13,437
Asbestos cleanup $4/cubic yard 13,438
For purposes of this division, "unit" means any combination of 13,441
linear feet or square feet equal to fifty. 13,442
(H) A person who is issued an extension of time for a 13,444
permit to install an air contaminant source pursuant to rules 13,445
adopted under division (F) of section 3704.03 of the Revised Code 13,446
313
shall pay a fee equal to one-half the fee originally assessed for 13,447
the permit to install under this section, except that the fee for 13,448
such an extension shall not exceed two hundred dollars. 13,449
(I) A person who is issued a modification to a permit to 13,451
install an air contaminant source pursuant to rules adopted under 13,452
section 3704.03 of the Revised Code shall pay a fee equal to 13,453
one-half of the fee that would be assessed under this section to 13,454
obtain a permit to install the source. The fee assessed by this 13,455
division only applies to modifications that are initiated by the 13,456
owner or operator of the source and shall not exceed two thousand 13,457
dollars. 13,458
(J) Notwithstanding division (B) or (F) of this section, a 13,460
person who applies for or obtains a permit to install pursuant to 13,461
rules adopted under division (F) of section 3704.03 of the 13,462
Revised Code after the date actual construction of the source 13,463
began shall pay a fee for the permit to install that is equal to 13,464
twice the fee that otherwise would be assessed under the 13,465
applicable division unless the applicant received authorization 13,466
to begin construction under division (W) of section 3704.03 of 13,467
the Revised Code. This division only applies to sources for 13,468
which actual construction of the source begins on or after July 13,469
1, 1993. The imposition or payment of the fee established in 13,470
this division does not preclude the director from taking any 13,471
administrative or judicial enforcement action under this chapter, 13,472
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 13,473
rule adopted under any of them, in connection with a violation of 13,474
rules adopted under division (F) of section 3704.03 of the 13,475
Revised Code. 13,476
As used in this division, "actual construction of the 13,478
source" means the initiation of physical on-site construction 13,479
activities in connection with improvements to the source that are 13,480
permanent in nature, including, without limitation, the 13,481
installation of building supports and foundations and the laying 13,482
of underground pipework. 13,483
314
(K) Fifty cents per ton of each fee assessed under 13,485
division (C) of this section on actual emissions from a source 13,486
and received by the environmental protection agency pursuant to 13,487
that division shall be deposited into the state treasury to the 13,488
credit of the small business assistance fund created in section 13,489
3706.19 of the Revised Code. The remainder of the moneys 13,490
received by the division pursuant to that division and moneys 13,491
received by the agency pursuant to divisions (D), (F), (G), (H), 13,492
(I), and (J) of this section shall be deposited in the state 13,493
treasury to the credit of the clean air fund created in section 13,494
3704.035 of the Revised Code. 13,495
(L)(1)(a) Except as otherwise provided in division 13,497
(L)(1)(b) or (c) of this section, a person issued a water 13,498
discharge permit or renewal of a water discharge permit pursuant 13,499
to Chapter 6111. of the Revised Code shall pay a fee based on 13,500
each point source to which the issuance is applicable in 13,501
accordance with the following schedule: 13,502
Design flow discharge (gallons per day) Fee 13,504
0 to 1000 $ 0 13,507
1,001 to 5000 100 13,508
5,001 to 50,000 200 13,509
50,001 to 100,000 300 13,510
100,001 to 300,000 525 13,511
over 300,000 750 13,512
(b) Notwithstanding the fee schedule specified in division 13,515
(L)(1)(a) of this section, the fee for a water discharge permit 13,516
that is applicable to coal mining operations regulated under 13,517
Chapter 1513. of the Revised Code shall be two hundred fifty 13,518
dollars per mine. 13,519
(c) Notwithstanding the fee schedule specified in division 13,521
(L)(1)(a) of this section, the fee for a water discharge permit 13,522
for a public discharger identified by I in the third character of 13,523
the permittee's NPDES permit number shall not exceed seven 13,524
hundred fifty dollars. 13,525
315
(2) A person applying for a plan approval for a wastewater 13,527
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 13,528
of the Revised Code shall pay a fee of one hundred dollars plus 13,529
sixty-five one-hundredths of one per cent of the estimated 13,530
project cost through June 30, 2000 2002, and one hundred dollars 13,532
plus two-tenths of one per cent of the estimated project cost on 13,533
and after July 1, 2000 2002, except that the total fee shall not 13,534
exceed fifteen thousand dollars through June 30, 2000 2002, and 13,536
five thousand dollars on and after July 1, 2000 2002. The fee 13,537
shall be paid at the time the application is submitted. 13,538
(3) A person issued a modification of a water discharge 13,540
permit shall pay a fee equal to one-half the fee that otherwise 13,541
would be charged for a water discharge permit, except that the 13,542
fee for the modification shall not exceed four hundred dollars. 13,543
(4) A person who has entered into an agreement with the 13,545
director under section 6111.14 of the Revised Code shall pay an 13,546
administrative service fee for each plan submitted under that 13,547
section for approval that shall not exceed the minimum amount 13,548
necessary to pay administrative costs directly attributable to 13,549
processing plan approvals. The director annually shall calculate 13,550
the fee and shall notify all persons who have entered into 13,551
agreements under that section, or who have applied for 13,552
agreements, of the amount of the fee. 13,553
(5)(a)(i) Not later than January 30, 1998 2000, and 13,555
January 30, 1999 2001, a person holding an NPDES discharge permit 13,557
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 13,559
shall pay a nonrefundable annual discharge fee. Any person who 13,560
fails to pay the fee at that time shall pay an additional amount 13,561
that equals ten per cent of the required annual discharge fee. 13,562
(ii) The billing year for the annual discharge fee 13,564
established in division (L)(4)(5)(a)(i) of this section shall 13,566
consist of a twelve-month period beginning on the first day of 13,567
January of the year preceding the date when the annual discharge 13,569
316
fee is due. In the case of an existing source that permanently 13,570
ceases to discharge during a billing year, the director shall 13,571
reduce the annual discharge fee, including the surcharge 13,572
applicable to certain industrial facilities pursuant to division 13,573
(L)(4)(5)(c) of this section, by one-twelfth for each full month 13,574
during the billing year that the source was not discharging, but 13,575
only if the person holding the NPDES discharge permit for the 13,576
source notifies the director in writing, not later than the first 13,577
day of October of the billing year, of the circumstances causing 13,579
the cessation of discharge.
(iii) The annual discharge fee established in division 13,582
(L)(4)(5)(a)(i) of this section, except for the surcharge 13,583
applicable to certain industrial facilities pursuant to division 13,584
(L)(4)(5)(c) of this section, shall be based upon the average 13,587
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 13,589
period two years prior to the date on which the fee is due. In 13,590
the case of NPDES discharge permits for new sources, the fee 13,592
operation shall be calculated using the average daily design flow 13,593
of the facility until actual average daily discharge flow values 13,594
are available for the time period specified in division 13,596
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 13,597
be prorated for a new source as described in division 13,598
(L)(4)(5)(a)(ii) of this section.
(b) An A PERSON THAT HOLDS AN NPDES permit holder, PERMIT 13,601
MODIFICATION, OR PERMIT RENEWAL ON THE EFFECTIVE DATE OF THIS 13,602
AMENDMENT AND that is a public discharger shall pay the fee 13,603
specified in the following schedule:
Fee due by 13,605
Average daily January 30, 1998 2000, 13,606
discharge flow and January 30, 1999 2001 13,607
5,000 to 49,999 $ 180 13,610
50,000 to 100,000 450 13,611
100,001 to 250,000 900 13,612
317
250,001 to 1,000,000 2,250 13,613
1,000,001 to 5,000,000 4,500 13,614
5,000,001 to 10,000,000 9,000 13,615
10,000,001 to 20,000,000 13,500 13,616
20,000,001 to 50,000,000 22,500 13,617
50,000,001 to 100,000,000 36,000 13,618
100,000,001 or more 54,000 13,619
A PERSON THAT IS ISSUED AN NPDES PERMIT, PERMIT 13,622
MODIFICATION, OR PERMIT RENEWAL AFTER THE EFFECTIVE DATE OF THIS 13,624
AMENDMENT AND THAT IS A PUBLIC DISCHARGER SHALL PAY THE FEE 13,625
SPECIFIED IN THE FOLLOWING SCHEDULE:
FEE DUE BY 13,627
AVERAGE DAILY JANUARY 30, 2000, 13,628
DISCHARGE FLOW AND JANUARY 30, 2001 13,629
5,000 TO 49,999 $ 200 13,632
50,000 TO 100,000 500 13,633
100,001 TO 250,000 1,050 13,634
250,001 TO 1,000,000 2,600 13,635
1,000,001 TO 5,000,000 5,200 13,636
5,000,001 TO 10,000,000 10,350 13,637
10,000,001 TO 20,000,000 15,550 13,638
20,000,001 TO 50,000,000 25,900 13,639
50,000,001 TO 100,000,000 41,400 13,640
100,000,001 OR MORE 62,100 13,641
Public dischargers owning or operating two or more publicly 13,643
owned treatment works serving the same political subdivision, as 13,644
"treatment works" is defined in section 6111.01 of the Revised 13,645
Code, and that serve exclusively political subdivisions having a 13,647
population of fewer than one hundred thousand shall pay an annual 13,648
discharge fee under division (L)(5)(b) of this section that is 13,649
based on the combined average daily discharge flow of the 13,650
treatment works.
An (c) A PERSON THAT HOLDS AN NPDES permit holder, PERMIT 13,653
MODIFICATION, OR PERMIT RENEWAL ON THE EFFECTIVE DATE OF THIS 13,654
318
AMENDMENT AND that is an industrial discharger, other than a coal 13,656
mining operator identified by P in the third character of the 13,657
permittee's NPDES permit number, shall pay the fee specified in 13,658
the following schedule:
Fee due by 13,660
Average daily January 30, 1998 2000, 13,661
discharge flow and January 30, 1999 2001 13,662
5,000 to 49,999 $ 180 13,665
50,000 to 250,000 900 13,666
250,001 to 1,000,000 2,250 13,667
1,000,001 to 5,000,000 4,500 13,668
5,000,001 to 10,000,000 6,750 13,669
10,000,001 to 20,000,000 9,000 13,670
20,000,001 to 100,000,000 10,800 13,671
100,000,001 to 250,000,000 12,600 13,672
250,000,001 or more 14,400 13,673
In addition to the fee specified in the above schedule, A 13,676
PERSON THAT HOLDS an NPDES permit holder, PERMIT MODIFICATION, OR 13,678
PERMIT RENEWAL ON THE EFFECTIVE DATE OF THIS AMENDMENT AND that 13,679
is an industrial discharger classified as a major discharger 13,681
during all or part of the annual discharge fee billing year 13,682
specified in division (L)(4)(5)(a)(ii) of this section shall pay 13,683
a nonrefundable annual surcharge of six thousand seven hundred 13,684
fifty dollars not later than January 30, 1998 2000, and not later 13,685
than January 30, 1999 2001. Any person who fails to pay the 13,686
surcharge at that time shall pay an additional amount that equals 13,688
ten per cent of the amount of the surcharge.
A PERSON THAT IS ISSUED AN NPDES PERMIT, PERMIT 13,690
MODIFICATION, OR PERMIT RENEWAL AFTER THE EFFECTIVE DATE OF THIS 13,691
AMENDMENT AND THAT IS AN INDUSTRIAL DISCHARGER, OTHER THAN A COAL 13,692
MINING OPERATOR IDENTIFIED BY P IN THE THIRD CHARACTER OF THE 13,693
PERMITTEE'S NPDES PERMIT NUMBER, SHALL PAY THE FEE SPECIFIED IN 13,694
THE FOLLOWING SCHEDULE:
FEE DUE BY 13,696
319
AVERAGE DAILY JANUARY 30, 2000, 13,697
DISCHARGE FLOW AND JANUARY 30, 2001 13,698
5,000 TO 49,999 $ 250 13,701
50,000 TO 250,000 1,200 13,702
250,001 TO 1,000,000 2,950 13,703
1,000,001 TO 5,000,000 5,850 13,704
5,000,001 TO 10,000,000 8,800 13,705
10,000,001 TO 20,000,000 11,700 13,706
20,000,001 TO 100,000,000 14,050 13,707
100,000,001 TO 250,000,000 16,400 13,708
250,000,001 OR MORE 18,700 13,709
IN ADDITION TO THE FEE SPECIFIED IN THE ABOVE SCHEDULE, A 13,711
PERSON THAT IS ISSUED AN NPDES PERMIT, PERMIT MODIFICATION, OR 13,712
PERMIT RENEWAL AFTER THE EFFECTIVE DATE OF THIS AMENDMENT AND 13,713
THAT IS AN INDUSTRIAL DISCHARGER CLASSIFIED AS A MAJOR DISCHARGER 13,714
DURING ALL OR PART OF THE ANNUAL DISCHARGE FEE BILLING YEAR 13,715
SPECIFIED IN DIVISION (L)(5)(a)(ii) OF THIS SECTION SHALL PAY A 13,716
NONREFUNDABLE ANNUAL SURCHARGE OF SEVEN THOUSAND FIVE HUNDRED 13,717
DOLLARS NOT LATER THAN JANUARY 30, 2000, AND NOT LATER THAN 13,718
JANUARY 30, 2001. ANY PERSON WHO FAILS TO PAY THE SURCHARGE AT 13,719
THAT TIME SHALL PAY AN ADDITIONAL AMOUNT THAT EQUALS TEN PER CENT 13,720
OF THE AMOUNT OF THE SURCHARGE.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 13,722
section, a public discharger identified by I in the third 13,723
character of the permittee's NPDES permit number and an 13,724
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 13,725
the third character of the permittee's NPDES permit number shall 13,727
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998 2000, and not later than 13,729
January 30, 1999 2001. Any person who fails to pay the fee at 13,730
that time shall pay an additional amount that equals ten per cent 13,731
of the required fee. 13,732
(6) The director shall transmit all moneys collected under 13,734
division (L) of this section to the treasurer of state for 13,735
320
deposit into the state treasury to the credit of the surface 13,736
water protection fund created in section 6111.038 of the Revised 13,737
Code. 13,738
(7) As used in division (L) of this section: 13,740
(a) "NPDES" means the federally approved national 13,742
pollutant discharge elimination system program for issuing, 13,743
modifying, revoking, reissuing, terminating, monitoring, and 13,744
enforcing permits and imposing and enforcing pretreatment 13,745
requirements under Chapter 6111. of the Revised Code and rules 13,746
adopted under it. 13,747
(b) "Public discharger" means any holder of an NPDES 13,749
permit identified by P in the second character of the NPDES 13,750
permit number assigned by the director. 13,751
(c) "Industrial discharger" means any holder of an NPDES 13,753
permit identified by I in the second character of the NPDES 13,754
permit number assigned by the director. 13,755
(d) "Major discharger" means any holder of an NPDES permit 13,757
classified as major by the regional administrator of the United 13,758
States environmental protection agency in conjunction with the 13,759
director. 13,760
(M) Through June 30, 2000 2002, a person applying for a 13,762
license or license renewal to operate a public water system under 13,764
section 6109.21 of the Revised Code shall pay the appropriate fee 13,765
established under this division at the time of application to the 13,766
director. Any person who fails to pay the fee at that time shall 13,767
pay an additional amount that equals ten per cent of the required 13,768
fee. The director shall transmit all moneys collected under this 13,769
division to the treasurer of state for deposit into the drinking 13,770
water protection fund created in section 6109.30 of the Revised 13,771
Code. 13,772
Fees required under this division shall be calculated and 13,774
paid in accordance with the following schedule: 13,775
(1) For the initial license required under division (A)(1) 13,777
of section 6109.21 of the Revised Code for any public water 13,778
321
system that is a community water system as defined in section 13,779
6109.01 of the Revised Code, and for each license renewal 13,780
required for such a system prior to January 31, 2000 2002, the 13,781
fee is: 13,782
Number of service connections Fee amount 13,784
Not more than 49 $ 56 13,787
50 to 99 88 13,788
Number of service connections Average cost per connection 13,791
100 to 2,499 $ .96 13,793
2,500 to 4,999 .92 13,794
5,000 to 7,499 .88 13,795
7,500 to 9,999 .84 13,796
10,000 to 14,999 .80 13,797
15,000 to 24,999 .76 13,798
25,000 to 49,999 .72 13,799
50,000 to 99,999 .68 13,800
100,000 to 149,999 .64 13,801
150,000 to 199,999 .60 13,802
200,000 or more .56 13,803
A public water system may determine how it will pay the 13,806
total amount of the fee calculated under division (M)(1) of this 13,807
section, including the assessment of additional user fees that 13,808
may be assessed on a volumetric basis. 13,809
As used in division (M)(1) of this section, "service 13,811
connection" means the number of active or inactive pipes, 13,812
goosenecks, pigtails, and any other fittings connecting a water 13,813
main to any building outlet. 13,814
(2) For the initial license required under division (A)(2) 13,816
of section 6109.21 of the Revised Code for any public water 13,817
system that is not a community water system and serves a 13,818
nontransient population, and for each license renewal required 13,819
for such a system prior to January 31, 2000 2002, the fee is: 13,820
Population served Fee amount 13,822
Fewer than 150 $ 56 13,825
322
150 to 299 88 13,826
300 to 749 192 13,827
750 to 1,499 392 13,828
1,500 to 2,999 792 13,829
3,000 to 7,499 1,760 13,830
7,500 to 14,999 3,800 13,831
15,000 to 22,499 6,240 13,832
22,500 to 29,999 8,576 13,833
30,000 or more 11,600 13,834
As used in division (M)(2) of this section, "population 13,837
served" means the total number of individuals receiving water 13,838
from the water supply during a twenty-four-hour period for at 13,839
least sixty days during any calendar year. In the absence of a 13,840
specific population count, that number shall be calculated at the 13,841
rate of three individuals per service connection. 13,842
(3) For the initial license required under division (A)(3) 13,844
of section 6109.21 of the Revised Code for any public water 13,845
system that is not a community water system and serves a 13,846
transient population, and for each license renewal required for 13,847
such a system prior to January 31, 2000 2002, the fee is: 13,848
Number of wells supplying system Fee amount 13,850
1 $ 56 13,853
2 56 13,854
3 88 13,855
4 192 13,856
5 392 13,857
System supplied by surface 13,860
springs or dug wells 792
As used in division (M)(3) of this section, "number of 13,863
wells supplying system" means those wells that are physically 13,864
connected to the plumbing system serving the public water system. 13,865
(N)(1) A person applying for a plan approval for a public 13,867
water supply system under section 6109.07 of the Revised Code 13,868
shall pay a fee of one hundred dollars plus two-tenths of one per 13,869
323
cent of the estimated project cost, except that the total fee 13,870
shall not exceed fifteen thousand dollars through June 30, 2000 13,872
2002, and five thousand dollars on and after July 1, 2000 2002. 13,873
The fee shall be paid at the time the application is submitted. 13,874
(2) A person who has entered into an agreement with the 13,876
director under division (A)(2) of section 6109.07 of the Revised 13,877
Code shall pay an administrative service fee for each plan 13,878
submitted under that section for approval that shall not exceed 13,879
the minimum amount necessary to pay administrative costs directly 13,880
attributable to processing plan approvals. The director annually 13,881
shall calculate the fee and shall notify all persons that have 13,882
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 13,883
(3) Through June 30, 2000 2002, the following fee, on a 13,885
per survey basis, shall be charged any person for services 13,887
rendered by the state in the evaluation of laboratories and 13,888
laboratory personnel for compliance with accepted analytical 13,889
techniques and procedures established pursuant to Chapter 6109. 13,890
of the Revised Code for determining the qualitative 13,891
characteristics of water:
microbiological $1,650 13,893
organic chemical 3,500 13,894
inorganic chemical 3,500 13,895
standard chemistry 1,800 13,896
limited chemistry 1,000 13,897
On and after July 1, 2000 2002, the following fee, on a per 13,900
survey basis, shall be charged any such person: 13,901
microbiological $250 13,903
chemical/radiological 250 13,904
nitrate/turbidity (only) 150 13,905
The fee for those services shall be paid at the time the request 13,908
for the survey is made. Through June 30, 2000 2002, an 13,909
individual laboratory shall not be assessed a fee under this 13,911
division more than once in any three-year period. 13,912
324
The director shall transmit all moneys collected under this 13,914
division to the treasurer of state for deposit into the drinking 13,915
water protection fund created in section 6109.30 of the Revised 13,916
Code. 13,917
(O) Any person applying to the director for examination 13,919
for certification as an operator of a water supply system or 13,920
wastewater system under Chapter 6109. or 6111. of the Revised 13,921
Code, at the time the application is submitted, shall pay an 13,922
application fee of twenty-five dollars through June 30, 2000 13,924
2002, and ten dollars on and after July 1, 2000 2002. Upon 13,925
approval from the director that the applicant is eligible to take 13,926
the examination therefor, the applicant shall pay a fee in 13,928
accordance with the following schedule through June 30, 2000 13,929
2002:
Class I operator $45 13,931
Class II operator 55 13,932
Class III operator 65 13,933
Class IV operator 75 13,934
On and after July 1, 2000 2002, the applicant shall pay a 13,937
fee in accordance with the following schedule: 13,938
Class I operator $25 13,940
Class II operator 35 13,941
Class III operator 45 13,942
Class IV operator 55 13,943
The director shall transmit all moneys collected under this 13,946
division to the treasurer of state for deposit into the drinking 13,947
water protection fund created in section 6109.30 of the Revised 13,948
Code. 13,949
(P) Through June 30, 2000 2002, any person submitting an 13,951
application for an industrial water pollution control certificate 13,952
under section 6111.31 of the Revised Code shall pay a 13,953
nonrefundable fee of five hundred dollars at the time the 13,954
application is submitted. The director shall transmit all moneys 13,955
collected under this division to the treasurer of state for 13,956
325
deposit into the surface water protection fund created in section 13,957
6111.038 of the Revised Code. A person paying a certificate fee 13,958
under this division shall not pay an application fee under 13,959
division (S)(1) of this section. 13,960
(Q) Except as otherwise provided in division (R) of this 13,962
section, a person issued a permit by the director for a new solid 13,963
waste disposal facility other than an incineration or composting 13,964
facility, a new infectious waste treatment facility other than an 13,965
incineration facility, or a modification of such an existing 13,966
facility that includes an increase in the total disposal or 13,967
treatment capacity of the facility pursuant to Chapter 3734. of 13,968
the Revised Code shall pay a fee of ten dollars per thousand 13,969
cubic yards of disposal or treatment capacity, or one thousand 13,970
dollars, whichever is greater, except that the total fee for any 13,971
such permit shall not exceed eighty thousand dollars. A person 13,972
issued a modification of a permit for a solid waste disposal 13,973
facility or an infectious waste treatment facility that does not 13,974
involve an increase in the total disposal or treatment capacity 13,975
of the facility shall pay a fee of one thousand dollars. A 13,976
person issued a permit to install a new, or modify an existing, 13,977
solid waste transfer facility under that chapter shall pay a fee 13,978
of two thousand five hundred dollars. A person issued a permit 13,979
to install a new or to modify an existing solid waste 13,980
incineration or composting facility, or an existing infectious 13,981
waste treatment facility using incineration as its principal 13,982
method of treatment, under that chapter shall pay a fee of one 13,983
thousand dollars. The increases in the permit fees under this 13,984
division resulting from the amendments made by Amended Substitute 13,985
House Bill 592 of the 117th general assembly do not apply to any 13,986
person who submitted an application for a permit to install a 13,987
new, or modify an existing, solid waste disposal facility under 13,988
that chapter prior to September 1, 1987; any such person shall 13,989
pay the permit fee established in this division as it existed 13,990
prior to June 24, 1988. In addition to the applicable permit fee 13,991
326
under this division, a person issued a permit to install or 13,992
modify a solid waste facility or an infectious waste treatment 13,993
facility under that chapter who fails to pay the permit fee to 13,994
the director in compliance with division (V) of this section 13,995
shall pay an additional ten per cent of the amount of the fee for 13,996
each week that the permit fee is late. 13,997
Permit and late payment fees paid to the director under 13,999
this division shall be credited to the general revenue fund. 14,000
(R)(1) A person issued a registration certificate for a 14,002
scrap tire collection facility under section 3734.75 of the 14,003
Revised Code shall pay a fee of two hundred dollars, except that 14,004
if the facility is owned or operated by a motor vehicle salvage 14,005
dealer licensed under Chapter 4738. of the Revised Code, the 14,006
person shall pay a fee of twenty-five dollars. 14,007
(2) A person issued a registration certificate for a new 14,009
scrap tire storage facility under section 3734.76 of the Revised 14,010
Code shall pay a fee of three hundred dollars, except that if the 14,011
facility is owned or operated by a motor vehicle salvage dealer 14,012
licensed under Chapter 4738. of the Revised Code, the person 14,013
shall pay a fee of twenty-five dollars. 14,014
(3) A person issued a permit for a scrap tire storage 14,016
facility under section 3734.76 of the Revised Code shall pay a 14,017
fee of one thousand dollars, except that if the facility is owned 14,018
or operated by a motor vehicle salvage dealer licensed under 14,019
Chapter 4738. of the Revised Code, the person shall pay a fee of 14,020
fifty dollars. 14,021
(4) A person issued a permit for a scrap tire monocell or 14,023
monofill facility under section 3734.77 of the Revised Code shall 14,024
pay a fee of ten dollars per thousand cubic yards of disposal 14,025
capacity or one thousand dollars, whichever is greater, except 14,026
that the total fee for any such permit shall not exceed eighty 14,027
thousand dollars. 14,028
(5) A person issued a registration certificate for a scrap 14,030
tire recovery facility under section 3734.78 of the Revised Code 14,031
327
shall pay a fee of one hundred dollars. 14,032
(6) A person issued a permit for a scrap tire recovery 14,034
facility under section 3734.78 of the Revised Code shall pay a 14,035
fee of one thousand dollars. 14,036
(7) In addition to the applicable registration certificate 14,038
or permit fee under divisions (R)(1) to (6) of this section, a 14,039
person issued a registration certificate or permit for any such 14,040
scrap tire facility who fails to pay the registration certificate 14,041
or permit fee to the director in compliance with division (V) of 14,042
this section shall pay an additional ten per cent of the amount 14,043
of the fee for each week that the fee is late. 14,044
(8) The registration certificate, permit, and late payment 14,046
fees paid to the director under divisions (R)(1) to (7) of this 14,047
section shall be credited to the scrap tire management fund 14,048
created in section 3734.82 of the Revised Code. 14,049
(S)(1) Except as provided by divisions (L), (M), (N), (O), 14,051
(P), and (S)(2) of this section, division (A)(2) of section 14,052
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 14,053
and rules adopted under division (T)(1) of this section, any 14,054
person applying for a registration certificate under section 14,055
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 14,056
variance, or plan approval under Chapter 3734. of the Revised 14,057
Code shall pay a nonrefundable fee of fifteen dollars at the time 14,058
the application is submitted, and any. 14,059
EXCEPT AS OTHERWISE PROVIDED, ANY person applying for a 14,061
permit, variance, or plan approval under Chapter 6109. or 6111. 14,062
of the Revised Code shall pay a nonrefundable fee of one hundred 14,063
dollars at the time the application is submitted through June 30, 14,064
2000 2002, and a nonrefundable fee of fifteen dollars at the time 14,066
the application is submitted on and after July 1, 2000 2002. 14,067
THROUGH JUNE 30, 2002, ANY PERSON APPLYING FOR A NATIONAL 14,068
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UNDER CHAPTER 6111. 14,070
OF THE REVISED CODE SHALL PAY A NONREFUNDABLE FEE OF TWO HUNDRED 14,072
DOLLARS AT THE TIME OF APPLICATION FOR THE PERMIT. ON AND AFTER 14,073
328
JULY 1, 2002, SUCH A PERSON SHALL PAY A NONREFUNDABLE FEE OF 14,074
FIFTEEN DOLLARS AT THE TIME OF APPLICATION. 14,075
The director shall transmit all moneys collected under 14,077
division (S)(1) of this section pursuant to Chapter 6109. of the 14,078
Revised Code to the treasurer of state for deposit into the 14,079
drinking water protection fund created in section 6109.30 of the 14,080
Revised Code.
The director shall transmit all moneys collected under 14,082
division (S)(1) of this section pursuant to Chapter 6111. of the 14,083
Revised Code to the treasurer of state for deposit into the 14,084
surface water protection fund created in section 6111.038 of the 14,085
Revised Code.
If a registration certificate is issued under section 14,087
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 14,088
the application fee paid shall be deducted from the amount of the 14,089
registration certificate fee due under division (R)(1), (2), or 14,090
(5) of this section, as applicable. 14,091
(2) Division (S)(1) of this section does not apply to an 14,093
application for a registration certificate for a scrap tire 14,094
collection or storage facility submitted under section 3734.75 or 14,095
3734.76 of the Revised Code, as applicable, if the owner or 14,096
operator of the facility or proposed facility is a motor vehicle 14,097
salvage dealer licensed under Chapter 4738. of the Revised Code. 14,098
(T) The director may adopt, amend, and rescind rules in 14,100
accordance with Chapter 119. of the Revised Code that do all of 14,101
the following: 14,102
(1) Prescribe fees to be paid by applicants for and 14,104
holders of any license, permit, variance, plan approval, or 14,105
certification required or authorized by Chapter 3704., 3734., 14,106
6109., or 6111. of the Revised Code that are not specifically 14,107
established in this section. The fees shall be designed to 14,108
defray the cost of processing, issuing, revoking, modifying, 14,109
denying, and enforcing the licenses, permits, variances, plan 14,110
approvals, and certifications. 14,111
329
The director shall transmit all moneys collected under 14,113
rules adopted under division (T)(1) of this section pursuant to 14,114
Chapter 6109. of the Revised Code to the treasurer of state for 14,115
deposit into the drinking water protection fund created in 14,116
section 6109.30 of the Revised Code. 14,117
The director shall transmit all moneys collected under 14,119
rules adopted under division (T)(1) of this section pursuant to 14,120
Chapter 6111. of the Revised Code to the treasurer of state for 14,121
deposit into the surface water protection fund created in section 14,122
6111.038 of the Revised Code. 14,123
(2) Exempt the state and political subdivisions thereof, 14,125
including education facilities or medical facilities owned by the 14,126
state or a political subdivision, or any person exempted from 14,127
taxation by section 5709.07 or 5709.12 of the Revised Code, from 14,128
any fee required by this section; 14,129
(3) Provide for the waiver of any fee, or any part 14,131
thereof, otherwise required by this section whenever the director 14,132
determines that the imposition of the fee would constitute an 14,133
unreasonable cost of doing business for any applicant, class of 14,134
applicants, or other person subject to the fee; 14,135
(4) Prescribe measures that the director considers 14,137
necessary to carry out this section. 14,138
(U) When the director reasonably demonstrates that the 14,140
direct cost to the state associated with the issuance of a permit 14,141
to install, license, variance, plan approval, or certification 14,142
exceeds the fee for the issuance or review specified by this 14,143
section, the director may condition the issuance or review on the 14,144
payment by the person receiving the issuance or review of, in 14,145
addition to the fee specified by this section, the amount, or any 14,146
portion thereof, in excess of the fee specified under this 14,147
section. The director shall not so condition issuances for which 14,148
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 14,149
section. 14,150
(V) Except as provided in divisions (L), (M), and (P) of 14,152
330
this section or unless otherwise prescribed by a rule of the 14,153
director adopted pursuant to Chapter 119. of the Revised Code, 14,154
all fees required by this section are payable within thirty days 14,155
after the issuance of an invoice for the fee by the director or 14,156
the effective date of the issuance of the license, permit, 14,157
variance, plan approval, or certification. If payment is late, 14,158
the person responsible for payment of the fee shall pay an 14,159
additional ten per cent of the amount due for each month that it 14,160
is late. 14,161
(W) As used in this section, "fuel-burning equipment," 14,163
"fuel-burning equipment input capacity," "incinerator," 14,164
"incinerator input capacity," "process," "process weight rate," 14,165
"storage tank," "gasoline dispensing facility," "dry cleaning 14,166
facility," "design flow discharge," and "new source treatment 14,167
works" have the meanings ascribed to those terms by applicable 14,168
rules or standards adopted by the director under Chapter 3704. or 14,169
6111. of the Revised Code. 14,170
(X) As used in divisions (B), (C), (D), (E), (F), (H), 14,172
(I), and (J) of this section, and in any other provision of this 14,173
section pertaining to fees paid pursuant to Chapter 3704. of the 14,174
Revised Code: 14,175
(1) "Facility," "federal Clean Air Act," "person," and 14,177
"Title V permit" have the same meanings as in section 3704.01 of 14,178
the Revised Code. 14,179
(2) "Title V permit program" means the following 14,181
activities as necessary to meet the requirements of Title V of 14,182
the federal Clean Air Act and 40 C.F.R. part 70, including at 14,183
least: 14,184
(a) Preparing and adopting, if applicable, generally 14,186
applicable rules or guidance regarding the permit program or its 14,187
implementation or enforcement; 14,188
(b) Reviewing and acting on any application for a Title V 14,190
permit, permit revision, or permit renewal, including the 14,191
development of an applicable requirement as part of the 14,192
331
processing of a permit, permit revision, or permit renewal; 14,193
(c) Administering the permit program, including the 14,195
supporting and tracking of permit applications, compliance 14,196
certification, and related data entry; 14,197
(d) Determining which sources are subject to the program 14,199
and implementing and enforcing the terms of any Title V permit, 14,200
not including any court actions or other formal enforcement 14,201
actions; 14,202
(e) Emission and ambient monitoring; 14,204
(f) Modeling, analyses, or demonstrations; 14,206
(g) Preparing inventories and tracking emissions; 14,208
(h) Providing direct and indirect support to small 14,210
business stationary sources to determine and meet their 14,211
obligations under the federal Clean Air Act pursuant to the small 14,212
business stationary source technical and environmental compliance 14,213
assistance program required by section 507 of that act and 14,214
established in sections 3704.18, 3704.19, and 3706.19 of the 14,215
Revised Code. 14,216
Sec. 3748.07. (A) Every facility that proposes to handle 14,226
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 14,228
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 14,229
registration. Terms and conditions of licenses and certificates 14,230
of registration may be amended in accordance with rules adopted 14,231
under section 3748.04 of the Revised Code or orders issued by the 14,232
director pursuant to section 3748.05 of the Revised Code. 14,233
(B) Until rules are adopted under section 3748.04 of the 14,235
Revised Code, an application for a certificate of registration 14,237
shall be accompanied by a biennial registration fee of one
hundred fifty SIXTY dollars. On and after the effective date of 14,239
those rules, an applicant for a license, registration
certificate, or renewal of either shall pay the appropriate fee 14,240
established in those rules.
332
All fees collected under this section shall be deposited in 14,242
the state treasury to the credit of the general operations fund 14,243
created in section 3701.83 of the Revised Code. The fees shall 14,245
be used solely to administer and enforce this chapter and rules
adopted under it. 14,246
Any fee required under this section that has not been paid 14,248
within ninety days after the invoice date shall be assessed at 14,249
two times the original invoiced fee. Any fee that has not been 14,250
paid within one hundred eighty days after the invoice date shall 14,252
be assessed at five times the original invoiced fee. 14,253
(C) The director shall grant a license or registration to 14,255
any applicant who has paid the required fee and is in compliance 14,256
with this chapter and rules adopted under it. 14,258
Until rules are adopted under section 3748.04 of the 14,260
Revised Code, certificates of registration shall be effective for 14,262
two years from the date of issuance. On and after the effective 14,263
date of those rules, licenses and certificates of registration 14,264
shall be effective for the applicable period established in those 14,265
rules. Licenses and certificates of registration shall be 14,266
renewed in accordance with the standard renewal procedure 14,267
established in Chapter 4745. of the Revised Code. 14,268
Sec. 3748.13. (A) The director of health shall inspect 14,277
sources of radiation for which licensure or registration by the 14,278
handler is required, and the sources' shielding and surroundings, 14,280
according to the schedule established in rules adopted under 14,281
division (D) of section 3748.04 of the Revised Code. In 14,282
accordance with rules adopted under that section, the director 14,283
shall inspect all records and operating procedures of handlers 14,285
that install sources of radiation and all sources of radiation 14,287
for which licensure of radioactive material or registration of 14,288
radiation-generating equipment by the handler is required. The 14,289
director may make other inspections upon receiving complaints or 14,290
other evidence of violation of this chapter or rules adopted 14,291
under it.
333
The director shall require any hospital registered under 14,294
division (A) of section 3701.07 of the Revised Code to develop 14,295
and maintain a quality assurance program for all sources of 14,296
radiation-generating equipment. A certified radiation expert 14,297
shall conduct oversight and maintenance of the program and shall 14,298
file a report of audits of the program with the director on forms 14,299
prescribed by the director. The audit reports shall become part 14,300
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 14,302
section 3748.04 of the Revised Code, a facility shall pay 14,304
inspection fees according to the following schedule and 14,305
categories:
First dental x-ray tube, 14,307
gauging x-ray tube, or
analytical x-ray equipment 14,308
used in nonhealth care
applications $80.00 94.00 14,309
Each additional dental x-ray 14,310
tube, cabinet x-ray tube,
gauging x-ray tube, or 14,311
analytical x-ray equipment
used in nonhealth care
applications at the same 14,313
location $40.00 47.00 14,314
First MEDICAL x-ray tube other 14,315
than dental, cabinet, or
gauging, or analytical x-ray 14,317
equipment used in nonhealth
care applications $160.00 187.00 14,318
Each additional MEDICAL x-ray 14,319
tube other than dental,
cabinet, or gauging, or 14,320
analytical x-ray equipment 14,321
used in nonhealth care
334
applications at the same
location $80.00 94.00 14,323
Each unit of ionizing 14,324
radiation-generating equipment
capable of operating at or 14,325
above 250 kilovoltage peak $320.00 373.00 14,326
First nonionizing 14,327
radiation-generating equipment
of any kind $160.00 187.00 14,328
Each additional nonionizing 14,329
radiation-generating equipment 14,330
of any kind at the same 14,331
location $80.00 94.00 14,332
Amount of radioactive material 14,333
licensed or amount on hand at
the time of inspection, 14,335
whichever is greater:
less than 100 microcuries $100.00 14,338
100 microcuries or more, but 14,339
less than one millicurie $150.00 14,340
one millicurie or more, but 14,341
less than 100 millicuries $200.00 14,342
100 millicuries or more $400.00 14,343
Test of a sealed source for 14,344
leakage of radioactive
material $ 80.00 14,345
Assembler-maintainer 14,346
inspection consisting of an
inspection of records and 14,347
operating procedures of
handlers that install sources
of radiation $200.00 233.00 14,348
Until rules are adopted under division (A)(8) of section 14,351
3748.04 of the Revised Code, the fee for an inspection to 14,352
335
determine whether violations cited in a previous inspection have 14,354
been corrected is fifty per cent of the fee applicable under the 14,355
schedule in this division. Until those rules are adopted, the 14,356
fee for the inspection of a facility that is not licensed or 14,357
registered and for which no license or registration application 14,358
is pending at the time of inspection is two hundred fifty NINETY 14,360
dollars plus the fee applicable under the schedule in this 14,361
division.
The director may conduct a review of shielding plans or the 14,364
adequacy of shielding on the request of a licensee or registrant 14,365
or an applicant for licensure or registration or during an 14,366
inspection when the director considers a review to be necessary. 14,367
Until rules are adopted under division (A)(8) of section 3748.04 14,368
of the Revised Code, the fee for the review is four hundred 14,369
SIXTY-SIX dollars for each room where a source of radiation is 14,370
used and is in addition to any other fee applicable under the 14,371
schedule in this division.
All fees shall be paid to the department of health no later 14,373
than thirty days after the invoice for the fee is mailed. Fees 14,374
shall be deposited in the general operations fund created in 14,375
section 3701.83 of the Revised Code. The fees shall be used 14,376
solely to administer and enforce this chapter and rules adopted 14,377
under it.
Any fee required under this section that has not been paid 14,379
within ninety days after the invoice date shall be assessed at 14,380
two times the original invoiced fee. Any fee that has not been 14,381
paid within one hundred eighty days after the invoice date shall 14,382
be assessed at five times the original invoiced fee. 14,383
(C) If the director determines that a board of health of a 14,386
city or general health district is qualified to conduct 14,387
inspections of radiation-generating equipment, the director may 14,388
delegate to the board, by contract, the authority to conduct such 14,389
inspections. In making a determination of the qualifications of 14,390
a board of health to conduct those inspections, the director 14,391
336
shall evaluate the credentials of the individuals who are to 14,392
conduct the inspections of radiation-generating equipment and the 14,393
radiation detection and measuring equipment available to them for 14,394
that purpose. If a contract is entered into, the board shall 14,395
have the same authority to make inspections of 14,396
radiation-generating equipment as the director has under this 14,397
chapter and rules adopted under it. The contract shall stipulate 14,398
that only individuals approved by the director as qualified shall 14,399
be permitted to inspect radiation-generating equipment under the 14,400
contract's provisions. The contract shall provide for such 14,401
compensation for services as is agreed to by the director and the 14,402
board of health of the contracting health district. The director 14,403
may reevaluate the credentials of the inspection personnel and 14,404
their radiation detecting and measuring equipment as often as the 14,405
director considers necessary and may terminate any contract with 14,406
the board of health of any health district that, in the 14,407
director's opinion, is not satisfactorily performing the terms of 14,408
the contract.
(D) The director may enter at all reasonable times upon 14,410
any public or private property to determine compliance with this 14,411
chapter and rules adopted under it. 14,412
Sec. 3750.02. (A) There is hereby created the emergency 14,421
response commission consisting of the directors of environmental 14,422
protection and health, the chairpersons of the public utilities 14,424
commission, industrial commission, and state and local government 14,426
commission, the fire marshal, the director of public safety, the 14,427
administrator of the bureau of employment services, and the 14,428
attorney general as members ex officio, or their designees; 14,429
notwithstanding section 101.26 of the Revised Code, the 14,430
chairpersons of the respective standing committees of the senate 14,431
and house of representatives that are primarily responsible for 14,432
considering environmental issues who may participate fully in all 14,433
the commission's deliberations and activities, except that they 14,434
shall serve as nonvoting members; and ten members to be appointed 14,435
337
by the governor with the advice and consent of the senate. The 14,436
appointed members, to the extent practicable, shall have 14,437
technical expertise in the field of emergency response. Of the 14,438
appointed members, two shall represent environmental advocacy 14,439
organizations, one shall represent the interests of petroleum 14,440
refiners or marketers or chemical manufacturers, one shall 14,441
represent the interests of another industry subject to this 14,442
chapter, one shall represent the interests of municipal 14,443
corporations, one shall represent the interests of counties, one 14,444
shall represent the interests of chiefs of fire departments, one 14,445
shall represent the interests of professional fire fighters 14,446
FIREFIGHTERS, one shall represent the interests of volunteer fire 14,448
fighters FIREFIGHTERS, and one shall represent the interests of 14,450
local emergency management agencies. 14,451
An appointed member of the commission also may serve as a 14,454
member of the local emergency planning committee of an emergency 14,455
planning district. An appointed member of the commission who is 14,456
also a member of a local emergency planning committee shall not 14,457
participate as a member of the commission in the appointment of 14,458
members of the local emergency planning committee of which the 14,459
member is a member, in the review of the chemical emergency 14,461
response and preparedness plan submitted by the local emergency 14,462
planning committee of which the member is a member, in any vote 14,463
to approve a grant to the member's district, nor OR in any vote 14,465
of the commission on any motion or resolution pertaining 14,467
specifically to the member's district or the local emergency 14,469
planning committee on which the member serves. A commission 14,471
member who is also a member of a local emergency planning 14,472
committee shall not lobby or otherwise act as an advocate for the 14,473
member's district to other members of the commission to obtain 14,475
from the commission anything of value for the member's district 14,476
or the local emergency planning committee of which the member is 14,477
a member. A member of the commission who is also a member of a 14,479
local emergency planning committee may vote on resolutions of the 14,480
338
commission that apply uniformly to all local emergency planning 14,481
committees and districts in the state and do not provide a grant 14,482
or other pecuniary benefit to the member's district or the 14,483
committee of which the member is a member. 14,485
The governor shall make the initial appointments to the 14,487
commission within thirty days after December 14, 1988. Of the 14,489
initial appointments to the commission, five shall be for a term 14,492
of two years and five shall be for a term of one year. 14,493
Thereafter, terms of office of the appointed members of the 14,494
commission shall be for two years, with each term ending on the 14,495
same day of the same month as did the term that it succeeds. 14,496
Each member shall hold office from the date of appointment until 14,497
the end of the term for which the member was appointed. Members 14,499
may be reappointed. Vacancies shall be filled in the manner 14,500
provided for original appointments. Any member appointed to fill 14,501
a vacancy occurring prior to the expiration of the term for which 14,502
the member's predecessor was appointed shall hold office for the 14,504
remainder of that term. A member shall continue in office 14,505
subsequent to the expiration date of the member's term until the 14,507
member's successor takes office or until a period of sixty days 14,508
has elapsed, whichever occurs first. The commission may at any 14,509
time by a vote of two-thirds of all the members remove any 14,510
appointed member of the commission for misfeasance, nonfeasance, 14,511
or malfeasance. Members of the commission shall serve without 14,512
compensation, but shall be reimbursed for the reasonable expenses 14,513
incurred by them in the discharge of their duties as members of 14,514
the commission. 14,515
The commission shall meet at least annually and shall hold 14,517
such additional meetings as are necessary to implement and 14,518
administer this chapter. Additional meetings may be held at the 14,519
behest of either a co-chairperson or a majority of the members. 14,521
The commission shall, by adoption of internal management rules 14,522
under division (B)(9) of this section, establish an executive 14,523
committee and delegate to it the performance of such of the 14,524
339
commission's duties and powers under this chapter as are required 14,525
or authorized to be so delegated by that division. The 14,526
commission may organize itself into such additional committees as 14,527
it considers necessary or convenient to implement and administer 14,528
this chapter. The director of environmental protection and the 14,530
director of public safety or their designees shall serve as 14,531
co-chairpersons of the commission and the executive committee. 14,532
Except as otherwise provided in this chapter, a majority of the 14,533
voting members of the commission constitutes a quorum and the 14,534
affirmative vote of a majority of the voting members of the 14,535
commission is necessary for any action taken by the commission. 14,536
Meetings of the executive committee conducted for the purpose of 14,537
determining whether to issue an enforcement order or request that 14,538
a civil action, civil penalty action, or criminal action be 14,539
brought to enforce this chapter or rules adopted or orders issued 14,540
under it are not subject to section 121.22 of the Revised Code 14,541
pursuant to division (D) of that section. 14,542
Except for the purposes of Chapters 102. and 2921. and 14,544
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 14,545
as an appointed member of the commission does not constitute 14,546
holding a public office or position of employment under the laws 14,547
of this state and does not constitute grounds for removal of 14,548
public officers or employees from their offices or positions of 14,549
employment. 14,550
(B) The commission shall: 14,552
(1) Adopt rules in accordance with Chapter 119. of the 14,554
Revised Code that are consistent with and equivalent in scope, 14,555
content, and coverage to the "Emergency Planning and Community 14,556
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 14,557
and applicable regulations adopted under it: 14,558
(a) Identifying or listing extremely hazardous substances 14,560
and establishing a threshold planning quantity for each such 14,561
substance. To the extent consistent with that act and applicable 14,562
regulations adopted under it, the rules may establish threshold 14,563
340
planning quantities based upon classes of those substances or 14,564
categories of facilities at which such substances are present. 14,565
(b) Listing hazardous chemicals, establishing threshold 14,567
quantities for those chemicals, establishing categories of health 14,568
and physical hazards of those chemicals, establishing criteria or 14,569
procedures for identifying those chemicals and the appropriate 14,570
hazard categories of those chemicals, and establishing ranges of 14,571
quantities for those chemicals to be used in preparing emergency 14,572
and hazardous chemical inventory forms under section 3750.08 of 14,573
the Revised Code. To the extent consistent with that act and 14,574
applicable regulations adopted under it, the rules may establish 14,575
threshold quantities based upon classes of those chemicals or 14,576
categories of facilities where those chemicals are present. 14,577
To the extent consistent with that act, the threshold 14,579
quantities for purposes of the submission of lists of hazardous 14,580
chemicals under section 3750.07 and the submission of emergency 14,581
and hazardous chemical inventory forms under section 3750.08 of 14,582
the Revised Code may differ. 14,583
(c) Identifying or listing hazardous substances and 14,585
establishing reportable quantities of each of those substances 14,586
and each extremely hazardous substance. In addition to being 14,587
consistent with and equivalent in scope, content, and coverage to 14,588
that act and applicable regulations adopted under it, the rules 14,589
shall be consistent with and equivalent in scope, content, and 14,590
coverage to regulations identifying or listing hazardous 14,591
substances and reportable quantities of those substances adopted 14,592
under the "Comprehensive Environmental Response, Compensation, 14,593
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 14,594
amended. 14,595
(d) Prescribing the information to be included in the 14,597
lists of hazardous chemicals required to be submitted under 14,598
section 3750.07 of the Revised Code; 14,599
(e) Prescribing the information to be included in the 14,601
emergency and hazardous chemical inventory forms required to be 14,602
341
submitted under section 3750.08 of the Revised Code. If the 14,603
commission establishes its own emergency and hazardous chemical 14,604
inventory form, the rules shall authorize owners and operators of 14,605
facilities who also have one or more facilities located outside 14,606
the state for which they are required to submit inventory forms 14,607
under the federal act and regulations adopted under it to submit 14,608
their annual inventories on forms prescribed by the administrator 14,609
of the United States environmental protection agency under that 14,610
act instead of on forms prescribed by the commission and shall 14,611
require those owners or operators to submit any additional 14,612
information required by the commission's inventory form on an 14,613
attachment to the federal form. 14,614
(f) Establishing procedures for giving verbal notice of 14,616
releases under section 3750.06 of the Revised Code and 14,617
prescribing the information to be provided in such a notice and 14,618
in the follow-up written notice required by that section; 14,619
(g) Establishing standards for determining valid needs for 14,621
the release of tier II information under division (B)(4) of 14,622
section 3750.10 of the Revised Code; 14,623
(h) Identifying the types or categories of information 14,625
submitted or obtained under this chapter and rules adopted under 14,626
it that constitute confidential business information; 14,627
(i) Establishing criteria and procedures to protect trade 14,629
secret and confidential business information from unauthorized 14,630
disclosure; 14,631
(j) Establishing other requirements or authorizations that 14,633
the commission considers necessary or appropriate to implement, 14,634
administer, and enforce this chapter. 14,635
(2) Adopt rules in accordance with Chapter 119. of the 14,637
Revised Code to implement and administer this chapter that may be 14,638
more stringent than the "Emergency Planning and Community 14,639
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 14,640
and regulations adopted under it. Rules adopted under this 14,641
division (B)(2) OF THIS SECTION shall not be inconsistent with 14,642
342
that act or the regulations adopted under it. The rules shall: 14,644
(a) Prescribe the information to be included in the 14,646
chemical emergency response and preparedness plans prepared and 14,647
submitted by local emergency planning committees under section 14,648
3750.04 of the Revised Code; 14,649
(b) Establish criteria and procedures for reviewing the 14,651
chemical emergency response and preparedness plans of local 14,652
emergency planning committees required by section 3750.04 of the 14,653
Revised Code and the annual exercise of those plans and for 14,654
providing concurrence or requesting modifications in the plans 14,655
and the exercise of those plans. The criteria shall include, 14,656
without limitation, the requirement that each exercise of a 14,657
committee's plan involve, in addition to local emergency response 14,658
and medical personnel, either a facility that is subject to the 14,659
plan or a transporter of materials that are identified or listed 14,660
as hazardous materials by regulations adopted under the 14,661
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 14,662
49 U.S.C.A. 1801, as amended. 14,663
(c) Establish policies and procedures for maintaining 14,665
information submitted to the commission and local emergency 14,666
planning committees under this chapter, and for receiving and 14,667
fulfilling requests from the public for access to review and to 14,668
obtain copies of that information. The criteria and procedures 14,669
shall include the following requirements and authorizations 14,670
regarding that information and access to it: 14,671
(i) Information that is protected as trade secret 14,673
information or confidential business information under this 14,674
chapter and rules adopted under it shall be kept in files that 14,675
are separate from those containing information that is not so 14,676
protected;. 14,677
(ii) The original copies of information submitted to the 14,679
commission or committee shall not be removed from the custody and 14,680
control of the commission or committee;. 14,681
(iii) A person who, either in person or by mail, requests 14,683
343
to obtain a copy of a material safety data sheet submitted under 14,684
this chapter by a facility owner or operator shall submit a 14,685
separate application for each facility for which a material 14,686
safety data sheet is being requested;. 14,687
(iv) A person who requests to receive by mail a copy of 14,689
information submitted under this chapter by a facility owner or 14,690
operator shall submit a separate application for each facility 14,691
for which information is being requested, and shall specify both 14,692
the facility for which information is being requested and the 14,693
particular types of documents requested;. 14,694
(v) Only employees of the commission or committee shall 14,696
copy information in the files of the commission or committee;. 14,697
(vi) The commission or committee may require any person 14,699
who requests to review or obtain a copy of information in its 14,700
files to schedule an appointment for that purpose with the 14,701
information coordinator of the commission or committee at least 14,702
twenty-four hours before arriving at the office of the commission 14,703
or committee for the review or copy. 14,704
(vii) Any person who seeks access to information in the 14,706
files of the commission or a local emergency planning committee 14,707
shall submit a written application, either in person or by mail, 14,708
to the information coordinator on a form provided by the 14,709
commission or committee. The person also shall provide the 14,710
person's name and current mailing address on the application and 14,712
may be requested by the commission or committee to provide basic 14,713
demographic information on the form to assist in the evaluation 14,714
of the information access provisions of this chapter and rules 14,715
adopted under it. Application forms may be obtained by mail or 14,716
in person or by request by telephone at the office of the 14,717
commission or committee during regular business hours. Upon 14,718
receipt of a request for an application by telephone or mail, the 14,719
information coordinator shall promptly mail an application to the 14,720
person who requested it. 14,721
(viii) The application form shall provide the applicant 14,723
344
with a means of indicating that the applicant's name and address 14,725
are to be kept confidential. If the applicant so indicates, that 14,726
information is not a public record under section 149.43 of the 14,727
Revised Code and shall not be disclosed to any person who is not 14,728
a member or employee of the commission or committee or an 14,729
employee of the environmental protection agency. When a name and 14,730
address are to be kept confidential, they also shall be deleted 14,731
from the copy of the application required to be placed in the 14,732
file of the facility under division (B)(2)(c)(xii) of this 14,733
section and shall be withheld from any log of information 14,734
requests kept by the commission or committee pursuant to that 14,735
division. 14,736
(ix) Neither the commission nor a local emergency planning 14,738
committee shall charge any fee for access to review information 14,739
in its files when no copies or computer searches of that 14,740
information are requested;. 14,741
(x) An applicant shall be informed of the cost of copying, 14,743
mailing, or conducting a computer search of information on file 14,744
with the commission or committee before such a copy or search is 14,745
made, and the commission or committee shall collect the 14,746
appropriate fees as established under section 3750.13 of the 14,747
Revised Code. Each applicant shall acknowledge on the 14,748
application form that the applicant is aware that the applicant 14,750
will be charged for copies and computer searches of that 14,751
information the applicant requests and for the costs of mailing 14,753
copies of the information to the applicant.
(xi) The commission or committee may require a person 14,755
requesting copies of information on file with it to take delivery 14,756
of them in the office of the commission or committee whenever it 14,757
considers the volume of the information to be large enough to 14,758
make mailing or delivery by a parcel or package delivery service 14,759
impractical;. 14,760
(xii) When the commission or committee receives a request 14,762
for access to review or obtain copies of information in its 14,763
345
files, it shall not routinely notify the owner or operator of the 14,764
facility involved, but instead shall either keep a log or file of 14,765
requests for the information or shall place a copy of each 14,766
completed application form in the file for the facility to which 14,767
the application pertains. Such a log or file shall be available 14,768
for review by the public and by the owners and operators of 14,769
facilities required to submit information to the commission or 14,770
committee under this chapter and rules adopted under it. 14,771
(d) Require that claims for the protection, as a trade 14,773
secret, of information obtained under this chapter regarding 14,774
extremely hazardous substances identified or listed in rules 14,775
adopted under division (B)(1)(a) of this section and hazardous 14,776
chemicals identified or listed in rules adopted under division 14,777
(B)(1)(b) of this section be submitted to the administrator of 14,778
the United States environmental protection agency for 14,779
determination under section 322 of the "Emergency Planning and 14,780
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 14,781
11042, and regulations adopted under that section; 14,782
(e) Establish criteria and procedures for the issuance of 14,784
variances under divisions (B) and (C) of section 3750.11 of the 14,785
Revised Code. The rules shall require that, before approval of 14,786
an application for a variance, the commission or committee find 14,787
by a preponderance of the scientific evidence based upon 14,788
generally accepted scientific principles or laboratory tests that 14,789
the extremely hazardous substances, hazardous chemicals, or 14,790
hazardous substances that would be subject to the reporting 14,791
requirement pose a substantial risk of catastrophic injury to 14,792
public health or safety or to the environment, or pose an 14,793
extraordinary risk of injury to emergency management personnel 14,794
responding to a release of the chemicals or substances, when the 14,795
substances or chemicals are present at a facility in an amount 14,796
equal to or exceeding the quantity for which reporting would be 14,797
required under the reporting requirement for which the variance 14,798
is sought. The rules shall also require that before approval of 14,799
346
an application for a variance, the commission or committee find 14,800
by a preponderance of the evidence that the development and 14,801
implementation of a local emergency response plan for releases of 14,802
the substances or chemicals covered by the reporting requirement 14,803
will reduce the risk of catastrophic injury to public health or 14,804
safety or to the environment, or will reduce the extraordinary 14,805
risk of injury to responding emergency management personnel, in 14,806
the event of a release of the substances or chemicals and find by 14,807
a preponderance of the evidence that the reporting requirement is 14,808
necessary for the development of such a local emergency response 14,809
plan. The rules shall require that when determining whether the 14,810
substances or chemicals that would be subject to the reporting 14,811
requirement pose a substantial risk of catastrophic injury to 14,812
public health or safety or to the environment, or pose an 14,813
extraordinary risk of injury to emergency management personnel 14,814
responding to a release of the substance or chemical, the 14,815
commission or committee consider all of the following factors: 14,816
(i) The specific characteristics and degree and nature of 14,818
the hazards posed by a release of the extremely hazardous 14,819
substances, hazardous chemicals, or hazardous substances; 14,820
(ii) The proximity of the facilities that would be subject 14,822
to the reporting requirement to residential areas, to areas where 14,823
significantly large numbers of people are employed or otherwise 14,824
congregate, and to environmental resources that are subject to 14,825
injury; 14,826
(iii) The quantities of the extremely hazardous 14,828
substances, hazardous chemicals, or hazardous substances that are 14,829
routinely present at facilities that would be subject to the 14,830
reporting requirement; 14,831
(iv) The frequency with which the extremely hazardous 14,833
substances, hazardous chemicals, or hazardous substances are 14,834
present at the facilities that would be subject to the reporting 14,835
requirement in quantities for which reporting would be required 14,836
thereunder. 14,837
347
(f) Establish criteria and procedures for the issuance of 14,839
orders under division (D) of section 3750.11 of the Revised Code 14,840
requiring the placement of emergency response lock box units. 14,841
The rules shall require that before approval of an application 14,842
for issuance of such an order, the commission or committee find 14,843
by a preponderance of the scientific evidence based upon 14,844
generally accepted scientific principles or laboratory tests that 14,845
the presence of the extremely hazardous substances, hazardous 14,846
chemicals, or hazardous substances in the quantities in which 14,847
they are routinely or intermittently present at the facility for 14,848
which the order is sought pose a substantial risk of catastrophic 14,849
injury to public health or safety or to the environment, or pose 14,850
an extraordinary risk of injury to responding emergency 14,851
management personnel, in the event of a release of any of those 14,852
substances or chemicals from the facility. The rules shall 14,853
require that before approval of an application for issuance of 14,854
such an order, the commission or committee also find by a 14,855
preponderance of the evidence that the placement of an emergency 14,856
response lock box unit at the facility is necessary to protect 14,857
against the substantial risk of catastrophic injury to public 14,858
health or safety or the environment, or to protect against an 14,859
extraordinary risk of injury to responding emergency management 14,860
personnel, in the event of a release of any of the extremely 14,861
hazardous substances, hazardous chemicals, or hazardous 14,862
substances routinely or intermittently present at the facility. 14,863
The rules shall require that when determining whether the 14,864
extremely hazardous substances, hazardous chemicals, or hazardous 14,865
substances present at the facility pose a substantial risk of 14,866
catastrophic injury to public health or safety or to the 14,867
environment, or pose an extraordinary risk of injury to 14,868
responding emergency management personnel, in the event of a 14,869
release of any of those substances or chemicals from the 14,870
facility, the commission or committee consider all of the 14,871
following factors: 14,872
348
(i) The specific characteristics and the degree and nature 14,874
of the hazards posed by a release of the extremely hazardous 14,875
substances, hazardous chemicals, or hazardous substances present 14,876
at the facility; 14,877
(ii) The proximity of the facility to residential areas, 14,879
to areas where significantly large numbers of people are employed 14,880
or otherwise congregate, and to environmental resources that are 14,881
subject to injury; 14,882
(iii) The quantities of the extremely hazardous 14,884
substances, hazardous chemicals, or hazardous substances that are 14,885
routinely present at the facility; 14,886
(iv) The frequency with which the extremely hazardous 14,888
substances, hazardous chemicals, or hazardous substances are 14,889
present at the facility. 14,890
(g) Establish procedures to be followed by the commission 14,892
and the executive committee of the commission for the issuance of 14,893
orders under this chapter. 14,894
(3) In accordance with Chapter 119. of the Revised Code 14,896
adopt rules establishing reportable quantities for releases of 14,897
oil that are consistent with and equivalent in scope, content, 14,898
and coverage to section 311 of the "Federal Water Pollution 14,899
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 14,900
as amended, and applicable regulations adopted under it.; 14,901
(4) Adopt rules in accordance with Chapter 119. of the 14,903
Revised Code establishing criteria and procedures for identifying 14,904
or listing extremely hazardous substances in addition to those 14,905
identified or listed in rules adopted under division (B)(1)(a) of 14,906
this section and for establishing threshold planning quantities 14,907
and reportable quantities for the added extremely hazardous 14,908
substances; for identifying or listing hazardous chemicals in 14,909
addition to those identified or listed in rules adopted under 14,910
division (B)(1)(b) of this section and for establishing threshold 14,911
quantities and categories of health and physical hazards for the 14,912
added hazardous chemicals; and for identifying or listing 14,913
349
hazardous substances in addition to those identified or listed in 14,914
rules adopted under division (B)(1)(c) OF THIS SECTION and for 14,915
establishing reportable quantities for the added hazardous 14,917
substances. The criteria for identifying or listing additional 14,918
extremely hazardous substances and establishing threshold 14,919
planning quantities and reportable quantities therefor and for 14,920
identifying or listing additional hazardous chemicals and 14,921
establishing threshold quantities and categories of health and 14,922
physical hazards for the added hazardous chemicals shall be 14,923
consistent with and equivalent to applicable criteria therefor 14,924
under the "Emergency Planning and Community Right-To-Know Act of 14,925
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 14,926
under it. The criteria for identifying additional hazardous 14,927
substances and for establishing reportable quantities of the 14,928
added hazardous substances shall be consistent with and 14,929
equivalent to the applicable criteria for identifying or listing 14,930
hazardous substances and establishing reportable quantities 14,931
therefor under the "Comprehensive Environmental Response, 14,932
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 14,933
U.S.C.A. 9602, as amended, and regulations adopted under it. The 14,934
THE rules shall require that, before identifying or listing 14,937
any such additional extremely hazardous substance, hazardous 14,938
chemical, or hazardous substance and establishing a threshold 14,939
planning quantity, threshold quantity, or reportable quantity 14,940
therefor, the commission find by a preponderance of the 14,941
scientific evidence based on generally accepted scientific 14,942
principles or laboratory tests that the substance or chemical 14,943
poses a substantial risk of catastrophic injury to public health 14,944
or safety or to the environment, or poses an extraordinary risk 14,945
of injury to emergency management personnel responding to a 14,946
release of the chemical or substance, when the chemical or 14,947
substance is present at a facility in an amount equal to the 14,948
proposed threshold planning quantity or threshold quantity or, in 14,949
the instance of a proposed additional extremely hazardous 14,950
350
substance or hazardous substance, poses a substantial risk of 14,951
catastrophic injury to public health or safety or to the 14,952
environment if a release of the proposed reportable quantity of 14,953
the substance occurs. The rules shall further require that, 14,954
before so identifying or listing a substance or chemical, the 14,955
commission find by a preponderance of the evidence that the 14,956
development and implementation of state or local emergency 14,957
response plans for releases of the substance or chemical will 14,958
reduce the risk of a catastrophic injury to public health or 14,959
safety or to the environment, or will reduce the extraordinary 14,960
risk of injury to responding emergency response personnel, in the 14,961
event of a release of the substance or chemical and find by a 14,962
preponderance of the evidence that the identification or listing 14,963
of the substance or chemical is necessary for the development of 14,964
state or local emergency response plans for releases of the 14,965
substance or chemical. The rules shall require that the 14,966
commission consider the toxicity of the substance or chemical in 14,967
terms of both the short-term and long-term health effects 14,968
resulting from exposure to it and its reactivity, volatility, 14,969
dispersibility, combustibility, and flammability when determining 14,970
the risks posed by a release of the substance or chemical and, as 14,971
appropriate, when establishing a threshold planning quantity, 14,972
threshold quantity, reportable quantity, or category of health or 14,973
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 14,975
Revised Code establishing criteria and procedures for receiving 14,976
and deciding claims for protection of information as a trade 14,977
secret that are applicable only to extremely hazardous substances 14,978
and hazardous chemicals identified or listed in rules adopted 14,979
under division (C)(5) of this section. The rules shall be 14,980
equivalent in scope, content, and coverage to section 322 of the 14,981
"Emergency Planning and Community Right-To-Know Act of 1986," 100 14,982
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 14,983
(6)(a) After consultation with the fire marshal, adopt 14,985
351
rules in accordance with Chapter 119. of the Revised Code 14,986
establishing standards for the construction, placement, and use 14,987
of emergency response lock box units at facilities that are 14,988
subject to this chapter. The rules shall establish all of the 14,989
following: 14,990
(i) Specific standards of construction for lock box units; 14,992
(ii) The specific types of information that shall be 14,994
placed in the lock box units required to be placed at a facility 14,995
by an order issued under division (D) of section 3750.11 of the 14,996
Revised Code, which shall include the location of on-site 14,997
emergency fire-fighting and spill cleanup equipment; a diagram of 14,998
the public and private water supply and sewage systems serving 14,999
the facility that are known to the owner or operator of the 15,000
facility; a copy of the emergency and hazardous chemical 15,001
inventory form for the facility most recently required to be 15,002
submitted under section 3750.08 of the Revised Code from which 15,003
the owner or operator may withhold information claimed or 15,004
determined to be trade secret information pursuant to rules 15,005
adopted under division (B)(2)(d) of this section, or pursuant to 15,006
division (B)(14) of this section and rules adopted under division 15,007
(B)(5) of this section, and confidential business information 15,008
identified in rules adopted under division (B)(1)(h) of this 15,009
section; a copy of the local fire department's and facility's 15,010
emergency management plans for the facility, if any; a current 15,011
list of the names, positions, addresses, and telephone numbers of 15,012
all key facility personnel knowledgeable in facility safety 15,013
procedures and the locations at the facility where extremely 15,014
hazardous substances, hazardous chemicals, and hazardous 15,015
substances are produced, used, or stored. The rules shall 15,016
stipulate that, in the instance of lock box units placed 15,017
voluntarily at facilities by the owners or operators of the 15,018
facilities, such information shall be maintained in them as is 15,019
prescribed by agreement by the owner or operator and the fire 15,020
department having jurisdiction over the facility. 15,021
352
(iii) The conditions that shall be met in order to provide 15,023
safe and expedient access to a lock box unit during a release or 15,024
threatened release of an extremely hazardous substance, hazardous 15,025
chemical, or hazardous substance. 15,026
(b) Unless the owner or operator of a facility is issued 15,028
an order under division (D) of section 3750.11 of the Revised 15,029
Code requiring the owner or operator to place a lock box unit at 15,031
the facility, the owner or operator may place a lock box unit at 15,032
the facility at the owner's or operator's discretion. If the 15,034
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 15,036
box unit is in addition to any other obligations established in 15,037
this chapter.
(c) Any costs associated with the purchase, construction, 15,039
or placement of a lock box unit shall be paid by the owner or 15,040
operator of the facility. 15,041
(7) In accordance with Chapter 119. of the Revised Code, 15,043
adopt rules governing the application for and awarding of grants 15,044
under division (C) of section 3750.14 and division (B) of section 15,045
3750.15 of the Revised Code; 15,046
(8) Adopt rules in accordance with Chapter 119. of the 15,048
Revised Code establishing reasonable maximum fees that may be 15,049
charged by the commission and local emergency planning committees 15,050
for copying information in the commission's or committee's files 15,051
to fulfill requests from the public for that information; 15,052
(9) Adopt internal management rules governing the 15,054
operations of the commission. The internal management rules 15,055
shall establish an executive committee of the commission 15,056
consisting of the director of environmental protection or the 15,057
director's designee, the director of public safety or the 15,059
director's designee, the attorney general or the attorney 15,061
general's designee, one of the appointed members of the 15,063
commission representing industries subject to this chapter to be 15,064
appointed by the commission, one of the appointed members of the 15,065
353
commission representing the interests of environmental advocacy 15,066
organizations to be appointed by the commission, and one other 15,067
appointed member or member ex officio of the commission to be 15,068
appointed by the commission. The executive committee has 15,069
exclusive authority to issue enforcement orders under section 15,070
3750.18 of the Revised Code and to request the attorney general 15,071
to bring a civil action, civil penalty action, or criminal action 15,072
under section 3750.20 of the Revised Code in the name of the 15,073
commission regarding violations of this chapter, rules adopted 15,074
under it, or orders issued under it. The internal management 15,075
rules may set forth the other specific powers and duties of the 15,076
commission that the executive committee may exercise and carry 15,077
out and the conditions under which the executive committee may do 15,078
so. The internal management rules shall not authorize the 15,079
executive committee to issue variances under division (B) or (C) 15,080
of section 3750.11 of the Revised Code or orders under division 15,081
(D) of that section.
(10) Oversee and coordinate the implementation and 15,083
enforcement of this chapter and make such recommendations to the 15,084
director of environmental protection and the director of public 15,086
safety as it considers necessary or appropriate to improve the 15,087
implementation and enforcement of this chapter; 15,088
(11) Make allocations of moneys under division (B) of 15,090
section 3750.14 of the Revised Code and make grants under 15,091
division (C) of section 3750.14 and division (B) of section 15,092
3750.15 of the Revised Code; 15,093
(12) Designate an officer of the environmental protection 15,095
agency to serve as the commission's information coordinator under 15,096
this chapter; 15,097
(13) Not later than December 14, 1989, develop and 15,100
distribute a state emergency response plan that defines the 15,102
emergency response roles and responsibilities of the state 15,103
agencies that are represented on the commission and that provides 15,104
appropriate coordination with the national contingency plan and 15,105
354
the regional contingency plan required by section 105 of the 15,106
"Comprehensive Environmental Response, Compensation, and 15,107
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 15,108
amended. The plan shall ensure a well-coordinated response by 15,109
state agencies that may be involved in assisting local emergency 15,110
responders during a major release of oil or a major sudden and 15,111
accidental release of a hazardous substance or extremely 15,112
hazardous substance. The plan may incorporate existing state 15,113
emergency response plans by reference. At least annually, the 15,114
commission and the state agencies that are represented on it 15,115
shall jointly exercise the state plan in conjunction with the 15,116
exercise of a local emergency response plan by a local emergency 15,117
planning committee under section 3750.04 of the Revised Code. 15,118
After any such exercise, the commission shall review the state 15,119
plan and make such revisions in it as the commission considers 15,120
necessary or appropriate.
(14) Receive and decide claims for the protection of 15,122
information as a trade secret that pertain only to extremely 15,123
hazardous substances and hazardous chemicals identified or listed 15,124
by rules adopted under division (C)(5) of this section. If the 15,125
commission determines that the claim meets the criteria 15,126
established in rules adopted under division (B)(5) of this 15,127
section, it shall issue an order to that effect in accordance 15,128
with section 3750.18 of the Revised Code. If the commission 15,129
determines that the claim does not meet the criteria established 15,130
in those rules, it shall issue an order to that effect in 15,131
accordance with section 3750.18 of the Revised Code. 15,132
(15) Annually compile, make available to the public, and 15,134
submit to the president of the senate and the speaker of the 15,135
house of representatives a summary report on the number of 15,136
facilities estimated to be subject to regulation under sections 15,137
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 15,138
facilities reporting to the commission, an estimate of the 15,139
percentage of facilities in compliance with those sections, and 15,140
355
recommendations regarding the types of activities the commission 15,141
considers necessary to improve such compliance. The commission 15,142
shall base its estimate of the number of facilities that are 15,143
subject to regulation under those sections on the current 15,144
estimates provided by the local emergency planning committees 15,145
under division (D)(6) of section 3750.03 of the Revised Code. 15,146
(C) The commission may: 15,148
(1) Procure by contract the temporary or intermittent 15,150
services of experts or consultants when those services are to be 15,151
performed on a part-time or fee-for-service basis and do not 15,152
involve the performance of administrative duties; 15,153
(2) Enter into contracts or agreements with political 15,155
subdivisions or emergency planning districts for the purposes of 15,156
this chapter; 15,157
(3) Accept on behalf of the state any gift, grant, or 15,159
contribution from any governmental or private source, for the 15,160
purposes of this chapter; 15,161
(4) Enter into contracts, agreements, or memoranda of 15,163
understanding with any state department, agency, board, 15,164
commission, or institution to obtain the services of personnel 15,165
thereof or utilize resources thereof for the purposes of this 15,166
chapter. Employees of a state department, agency, board, 15,167
commission, or institution providing services to the commission 15,168
under any such contract, agreement, or memorandum shall perform 15,169
only those functions and provide only the services provided for 15,170
in the contract, agreement, or memorandum. 15,171
(5) Identify or list extremely hazardous substances in 15,173
addition to those identified or listed in rules adopted under 15,174
division (B)(1)(a) of this section and establish threshold 15,175
planning quantities and reportable quantities for the additional 15,176
extremely hazardous substances, identify or list hazardous 15,177
chemicals in addition to those identified or listed in rules 15,178
adopted under division (B)(1)(b) of this section and establish 15,179
threshold quantities and categories or health and physical 15,180
356
hazards for the added chemicals, and identify or list hazardous 15,181
substances in addition to those identified or listed in rules 15,182
adopted under division (B)(1)(c) of this section and establish 15,183
reportable quantities for the added hazardous substances. The 15,184
commission may establish threshold planning quantities for the 15,185
additional extremely hazardous substances based upon classes of 15,186
those substances or categories of facilities at which they are 15,187
present and may establish threshold quantities for the additional 15,188
hazardous chemicals based upon classes of those chemicals or 15,189
categories of facilities where they are present. The commission 15,190
shall identify or list such additional substances or chemicals 15,191
and establish threshold planning quantities, threshold 15,192
quantities, reportable quantities, and hazard categories therefor 15,193
in accordance with the criteria and procedures established in 15,194
rules adopted under division (B)(4) of this section and, after 15,195
compliance with those criteria and procedures, by the adoption of 15,196
rules in accordance with Chapter 119. of the Revised Code. The 15,197
commission shall not adopt rules under division (C)(5) of this 15,198
section modifying any threshold planning quantity established in 15,199
rules adopted under division (B)(1)(a) of this section, any 15,200
threshold quantity established in rules adopted under division 15,201
(B)(1)(b) of this section, nor OR any reportable quantity 15,202
established in rules adopted under division (B)(1)(c) of this 15,203
section. 15,204
If, after the commission has adopted rules under this 15,206
division (C)(5) OF THIS SECTION identifying or listing an 15,207
extremely hazardous substance, hazardous chemical, or hazardous 15,209
substance, the administrator of the United States environmental 15,210
protection agency identifies or lists the substance or chemical 15,211
as an extremely hazardous substance or hazardous chemical under 15,212
the "Emergency Planning and Community Right-To-Know Act of 1986," 15,213
100 Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a 15,214
substance as a hazardous substance under the "Comprehensive 15,215
Environmental Response, Compensation, and Liability Act of 1980," 15,216
357
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, the commission shall 15,217
rescind its rules adopted under DIVISION (C)(5) OF this section 15,218
pertaining to the substance or chemical and adopt the appropriate 15,220
rules under division (B)(1)(a), (b), or (c) of this section. 15,221
(6) From time to time, request the director of 15,223
environmental protection and the deputy EXECUTIVE director of the 15,225
emergency management agency to review implementation, 15,226
administration, and enforcement of the chemical emergency 15,227
response planning and reporting programs created by this chapter 15,228
and rules adopted under it regarding their effectiveness in 15,229
preparing for response to releases of extremely hazardous 15,230
substances, hazardous chemicals, and hazardous substances. After 15,231
completion of any such review, the director of environmental 15,232
protection and the director of public safety shall report their 15,234
findings to the commission. Upon receipt of their findings, the 15,236
commission may make such recommendations for legislative and 15,237
administrative action as the commission finds necessary or 15,238
appropriate to promote achievement of the purposes of this 15,239
chapter.
(D) Except as provided in section 3750.06 of the Revised 15,241
Code, nothing in this chapter applies to the transportation, 15,242
including the storage incident to transportation, of any 15,243
substance or chemical subject to the requirements of this 15,244
chapter, including the transportation and distribution of natural 15,245
gas. 15,246
(E) This chapter authorizes the state, through the 15,248
emergency response commission, the department of public safety, 15,250
and THE environmental protection agency, to establish and 15,251
maintain chemical emergency response planning and preparedness, 15,252
community right-to-know, and hazardous substance and extremely 15,253
hazardous substance release reporting programs that are 15,254
consistent with and equivalent in scope, coverage, and content to 15,255
the "Emergency Planning and Community Right-To-Know Act of 1986," 15,256
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 15,258
358
it, except as otherwise specifically required or authorized in 15,259
this chapter. The commission, department, and agencies may do 15,261
all things necessary, incidental, or appropriate to implement, 15,262
administer, and enforce this chapter and to perform the duties 15,263
and exercise the powers of the state emergency response 15,264
commission under that act and regulations adopted under it and 15,265
under this chapter.
Sec. 3793.08. The department of alcohol and drug addiction 15,274
services shall submit an annual report to the governor, which 15,275
shall include all of the following: 15,276
(A) A statement of the number of people served by alcohol 15,278
and drug addiction programs that receive funds distributed by the 15,279
department, with a breakdown into categories including age, sex, 15,280
race, THE TYPE OF DRUG TO WHICH THE PERSON IS ADDICTED, and any 15,281
other categories the director of alcohol and drug addiction 15,282
services considers significant;
(B) A report measuring the success of alcohol and drug 15,284
addiction programs, based on the use of measures for 15,285
accountability developed by the department, INCLUDING THE 15,286
PERCENTAGE OF PEOPLE SERVED BY SUCH PROGRAMS WHO HAVE NOT 15,287
RELAPSED;
(C) Any other information that the director considers 15,289
significant or is requested by the governor. 15,290
Sec. 3793.10. A drivers' intervention program may be used 15,299
as an alternative to a term of imprisonment for an offender 15,300
sentenced pursuant to division (A)(1) of section 4511.99 of the 15,301
Revised Code, if it is certified by the director of alcohol and 15,302
drug addiction services pursuant to this section. No drivers' 15,303
intervention program shall be used as an alternative to a term of 15,304
imprisonment that is imposed pursuant to division (A)(2), (3), or 15,306
(4) of section 4511.99 of the Revised Code.
To qualify for certification by the director and to receive 15,308
funds from the drivers' STATEWIDE treatment and intervention 15,310
PREVENTION fund created by division (L) of section 4511.191 15,311
359
4301.30 of the Revised Code in any amounts and at any times that 15,313
the director determines are appropriate, a drivers' intervention 15,314
program shall meet state minimum standards that the director 15,315
shall establish by rule. The rules shall include, but are not 15,316
limited to, standards governing program course hours and content, 15,317
qualifications of program personnel, methods of identifying and 15,318
testing participants to isolate participants with alcohol and 15,319
drug abuse problems, referral of such persons to alcohol and drug 15,320
addiction programs, the prompt notification of courts by program 15,321
operators of the completion of the programs by persons required 15,322
by courts to attend them, and record keeping, including methods 15,323
of tracking participants for a reasonable time after they have 15,324
left the program. 15,325
The director shall issue a certificate to any qualified 15,327
drivers' intervention program. The certificate shall be IS valid 15,329
for three years.
Sec. 3793.12. (A) The department of alcohol and drug 15,338
addiction services shall collect and compile statistics and other 15,339
information on the care, treatment, and rehabilitation of 15,340
alcoholics, drug dependent persons, and persons in danger of drug 15,341
dependence in this state, including, without limitation, 15,342
information on the number of such persons, the type of drug 15,343
involved, the type of care, treatment, or rehabilitation 15,344
prescribed or undertaken, and the success or failure of the care, 15,345
treatment, or rehabilitation. 15,346
(B) No alcohol or drug addiction program shall fail to 15,348
supply statistics and other information within its knowledge and 15,349
with respect to its programs, upon request of the department. 15,350
(C) Communications by a person seeking aid in good faith 15,352
for alcoholism or drug dependence ARE confidential, and this 15,353
section does not require the collection or permit the disclosure 15,354
of information which reveals or comprises the identity of any 15,355
person seeking aid. 15,356
(D) BASED ON THE INFORMATION COLLECTED AND COMPILED UNDER 15,358
360
DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A 15,359
PROJECT TO ASSESS THE OUTCOMES OF PERSONS SERVED BY ALCOHOL AND 15,360
DRUG ADDICTION PROGRAMS THAT RECEIVE FUNDS DISTRIBUTED BY THE 15,361
DEPARTMENT.
Sec. 4105.17. (A) The fee for any inspection, OR 15,370
ATTEMPTED INSPECTION THAT, DUE TO NO FAULT OF A GENERAL INSPECTOR 15,371
OR THE DIVISION OF INDUSTRIAL COMPLIANCE, IS NOT SUCCESSFULLY 15,372
COMPLETED, by a general inspector of an elevator required to be 15,373
inspected under this chapter is thirty dollars plus five dollars 15,374
for each floor where the elevator stops. THE SUPERINTENDENT OF 15,375
THE DIVISION OF INDUSTRIAL COMPLIANCE MAY ASSESS A FEE OF THIRTY 15,376
DOLLARS PLUS FIVE DOLLARS FOR EACH FLOOR WHERE AN ELEVATOR STOPS 15,377
FOR THE REINSPECTION OF AN ELEVATOR WHEN A PREVIOUS ATTEMPT TO 15,378
INSPECT THAT ELEVATOR HAS BEEN UNSUCCESSFUL THROUGH NO FAULT OF A
GENERAL INSPECTOR OR THE DIVISION OF INDUSTRIAL COMPLIANCE. The 15,379
fee for issuing or renewing a certificate of operation under 15,381
section 4105.15 of the Revised Code is thirty-five dollars. 15,382
(B) All other fees to be charged for any examination given 15,384
or other service performed by the division of industrial 15,385
compliance pursuant to this chapter shall be prescribed by the 15,387
board of building standards established by section 3781.07 of the 15,388
Revised Code. The fees shall be reasonably related to the costs 15,389
of such examination or other service. 15,390
(C) The board of building standards, subject to the 15,392
approval of the controlling board, may establish fees in excess 15,393
of the fees provided in division (A) of this section, provided 15,394
that the fees do not exceed the amounts established in division 15,395
(A) of this section by more than fifty per cent. Any moneys 15,396
collected under this section shall be paid into the state 15,397
treasury to the credit of the industrial compliance operating 15,399
fund created in section 121.084 of the Revised Code. 15,400
(D) Any person who fails to pay an inspection fee required 15,402
for any inspection conducted by the division pursuant to this 15,404
chapter within forty-five days after the inspection is conducted 15,405
361
shall pay a late payment fee equal to twenty-five per cent of the 15,406
inspection fee. 15,407
(E) In addition to the fee assessed in division (A) of 15,409
this section, the board of building standards shall assess a fee 15,410
of three dollars and twenty-five cents for each certificate of 15,411
operation or renewal thereof issued under division (A) of this 15,412
section and for each permit issued under section 4105.16 of the 15,413
Revised Code. The board shall adopt rules, in accordance with 15,414
Chapter 119. of the Revised Code, specifying the manner by which 15,415
the superintendent of the division of industrial compliance shall 15,417
collect and remit to the board the fees assessed under this 15,419
division and requiring that remittance of the fees be made at 15,420
least quarterly.
Sec. 4112.12. (A) There is hereby created the commission 15,429
on African-American males, which shall consist of not more than 15,430
forty-one members as follows: the directors or their designees 15,431
of the departments of health, development, alcohol and drug 15,432
addiction services, human services, rehabilitation and 15,433
correction, mental health, and youth services; the administrator 15,434
or his THE ADMINISTRATOR'S designee of the bureau of employment 15,435
services; the adjutant general or his THE ADJUTANT GENERAL'S 15,437
designee; the equal employment opportunity officer of the 15,438
department of administrative services or his THE EQUAL EMPLOYMENT 15,440
OPPORTUNITY OFFICER'S designee; the executive director or his THE 15,441
EXECUTIVE DIRECTOR'S designee of the Ohio civil rights 15,442
commission; the director or his THE DIRECTOR'S designee of the 15,444
office of criminal justice services; the superintendent of public 15,445
instruction; the chancellor or his THE CHANCELLOR'S designee of 15,446
the Ohio board of regents; two members of the house of 15,448
representatives appointed by the speaker of the house of 15,449
representatives; three members of the senate appointed by the 15,450
president of the senate; and not more than twenty-two members 15,451
appointed by the governor. The members appointed by the governor 15,452
shall include at least one representative of each of the 15,453
362
following: the national association for the advancement of 15,454
colored people; the urban league; an organization representing 15,455
black elected officials; an organization representing black 15,456
attorneys; the black religious community; the black business 15,457
community; the nonminority business community; AND organized 15,458
labor; and at least one black medical doctor, one black elected 15,459
member of a school board, AND one black educator,; and at least 15,460
two representatives of local private industry councils. The 15,461
remaining members that may be appointed by the governor shall be 15,462
selected from elected officials, civic and community leaders, and 15,463
representatives of the employment, criminal justice, education, 15,464
and health communities.
(B) Initial members of the commission shall be those 15,466
members serving on the governor's commission on socially 15,467
disadvantaged black males on June 30, 1991, in accordance with 15,468
executive orders 89-9 and 90-34. In the event that a member of 15,469
the general assembly serving on the commission on that date 15,470
pursuant to executive orders 89-9 and 90-34 is no longer a member 15,471
of the general assembly, the speaker of the house of 15,472
representatives or the president of the senate, as appropriate, 15,473
shall appoint a new member in accordance with division (A) of 15,474
this section. Of the initial members who are governor's 15,475
appointees, the governor shall designate seven who shall serve 15,476
terms ending June 30, 1993, seven who shall serve terms ending 15,477
June 30, 1994, and eight who shall serve terms ending June 30, 15,478
1995. Thereafter, terms of office shall be for three years, with 15,479
each term ending on the same day of the same month as did the 15,480
term that it succeeds. Each member shall hold office from the 15,481
date of his appointment until the end of the term for which he 15,482
THE MEMBER was appointed. Members may be reappointed. Vacancies 15,483
shall be filled in the manner provided for original appointments. 15,484
Any member appointed to fill a vacancy occurring prior to the 15,485
expiration date of the term for which his THE MEMBER'S 15,486
predecessor was appointed shall hold office as a member for the 15,487
363
remainder of that term. A member shall continue in office 15,488
subsequent to the expiration date of his THE MEMBER'S term until 15,489
his THE MEMBER'S successor takes office or until a period of 15,491
sixty days has elapsed, whichever occurs first.
The chairman of the governor's commission on socially 15,494
disadvantaged black males serving on June 30, 1991, shall serve
as chairman of the commission on African-American males until 15,496
June 30, 1993. Thereafter, the commission annually shall elect a 15,497
chairman CHAIRPERSON from among its members. 15,498
(C) Members of the commission and members of subcommittees 15,500
appointed under division (B) of section 4112.13 of the Revised 15,501
Code shall not be compensated, but shall be reimbursed for their 15,502
necessary and actual expenses incurred in the performance of 15,503
their official duties. 15,504
(D) The Ohio civil rights commission shall oversee and 15,506
coordinate the activities of the commission. 15,507
Sec. 4112.15. THERE IS HEREBY CREATED IN THE STATE 15,509
TREASURY THE CIVIL RIGHTS COMMISSION GENERAL REIMBURSEMENT FUND, 15,510
WHICH SHALL BE USED TO PAY OPERATING COSTS OF THE COMMISSION. 15,511
ALL MONEY PAID TO THE COMMISSION FOR COPIES OF COMMISSION 15,512
DOCUMENTS AND FOR OTHER GOODS AND SERVICES FURNISHED BY THE 15,513
COMMISSION SHALL BE CREDITED TO THE FUND. 15,514
Sec. 4115.101. THERE IS HEREBY CREATED THE PREVAILING WAGE 15,516
CUSTODIAL FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF 15,517
STATE BUT SHALL NOT BE PART OF THE STATE TREASURY. THE 15,518
ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES SHALL DEPOSIT 15,519
TO THE FUND ALL MONEY PAID BY EMPLOYERS TO THE ADMINISTRATOR THAT 15,520
ARE HELD IN TRUST FOR EMPLOYEES TO WHOM PREVAILING WAGES ARE DUE
AND OWING. THE ADMINISTRATOR SHALL MAKE DISBURSEMENTS FROM THE 15,521
FUND IN ACCORDANCE WITH THIS CHAPTER TO EMPLOYEES AFFECTED BY 15,522
VIOLATIONS OF THIS CHAPTER.
Sec. 4115.34. (A) If EXCEPT AS OTHERWISE PROVIDED IN 15,531
DIVISION (D) OF THIS SECTION, IF any state agency, political 15,532
subdivision, or instrumentality of the state intends to procure 15,533
364
any product or service, it shall determine whether the product or 15,535
service is on the procurement list published pursuant to section 15,536
4115.33 of the Revised Code; and it shall PROCURE, in accordance 15,538
with rules of the state committee for the purchase of products 15,539
and services provided by persons with severe disabilities, 15,540
procure such THE product or service at the fair market price 15,542
established by the committee from a qualified nonprofit agency 15,544
for persons with severe disabilities, if the product or service 15,545
is on the procurement list and is available within the period 15,546
required by that agency, subdivision, or instrumentality, 15,547
notwithstanding any law requiring the purchase of products and 15,549
services on a competitive bid basis. Sections 4115.31 to 4115.35 15,550
of the Revised Code do not apply if the products or services are 15,551
available for procurement from any state agency, political 15,552
subdivision, or instrumentality of the state and procurement from 15,553
such THAT agency, subdivision, or instrumentality is required 15,554
under any law in effect on August 13, 1976. 15,555
(B) The committee and any state agency, political 15,557
subdivision, or instrumentality of the state may enter into 15,558
contractual agreements, cooperative working relationships, or 15,559
other arrangements determined necessary for effective 15,560
coordination and efficient realization of the objectives of 15,561
sections 4115.31 to 4115.35 of the Revised Code and any other law 15,562
requiring procurement of products or services from any state 15,564
agency, political subdivision, or instrumentality of the state. 15,565
(C) Notwithstanding any other section of the Revised Code, 15,567
or any appropriations act, that may require a state agency, 15,568
political subdivision, or instrumentality of the state to 15,569
purchase supplies, services, or materials by means of a 15,570
competitive bid procedure, state agencies, political 15,571
subdivisions, or instrumentalities of the state need not utilize 15,572
the required bidding procedures if the supplies, services, or 15,573
materials are to be purchased from a qualified nonprofit agency 15,574
pursuant to sections 4115.31 to 4115.35 of the Revised Code. 15,575
365
(D) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 15,577
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 15,578
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 15,579
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 15,580
Sec. 4117.24. THE TRAINING AND PUBLICATIONS FUND IS HEREBY 15,582
CREATED IN THE STATE TREASURY. THE STATE EMPLOYMENT RELATIONS 15,583
BOARD SHALL DEPOSIT INTO THE TRAINING AND PUBLICATIONS FUND ALL 15,584
PAYMENTS RECEIVED BY THE BOARD FOR COPIES OF DOCUMENTS, 15,585
RULEBOOKS, AND OTHER PUBLICATIONS; FEES RECEIVED FROM SEMINAR
PARTICIPANTS; AND RECEIPTS FROM THE SALE OF CLEARINGHOUSE DATA. 15,586
THE STATE EMPLOYMENT RELATIONS BOARD SHALL USE ALL MONEYS 15,587
DEPOSITED INTO THE TRAINING AND PUBLICATIONS FUND TO DEFRAY THE 15,588
COSTS OF FURNISHING AND MAKING AVAILABLE COPIES OF DOCUMENTS, 15,589
RULEBOOKS, AND OTHER PUBLICATIONS; THE COSTS OF PLANNING,
ORGANIZING, AND CONDUCTING TRAINING SEMINARS; AND THE COSTS OF 15,590
COMPILING CLEARINGHOUSE DATA. 15,591
Sec. 4163.07. (A)(1) Prior to transporting any large 15,600
quantity of special nuclear material or by-product material into 15,601
or through the state, the carrier or shipper of the material 15,602
shall notify the deputy EXECUTIVE director of the emergency 15,603
management agency established under section 5502.22 of the 15,604
Revised Code of the shipment. The notice shall be in writing and 15,605
be sent by certified mail and shall include the name of the 15,606
shipper; the name of the carrier; the type and quantity of the 15,607
special nuclear material or by-product material; the 15,608
transportation mode of the shipment; the proposed date and time 15,609
of shipment of the material into or through the state; and the 15,610
starting point, termination or exit point, scheduled route, and 15,611
each alternate route, if any, of the shipment. In order to 15,612
constitute effective notification under division (A)(1) of this 15,613
section, notification shall be received by the deputy EXECUTIVE 15,614
director at least forty-eight hours prior to entry of the 15,617
shipment into the state.
(2) The carrier or shipper of any shipment subject to 15,619
366
division (A)(1) of this section shall immediately notify the 15,620
deputy EXECUTIVE director of any change in the date and time of 15,622
the shipment or in the route of the shipment into or through the 15,623
state.
(B) Upon receipt of a notice of any shipment of a large 15,625
quantity of special nuclear material or by-product material into 15,626
or through the state, the deputy EXECUTIVE director of the 15,627
emergency management agency shall immediately notify the director 15,630
of public safety, the director of environmental protection, the 15,631
chairman CHAIRPERSON of the public utilities commission, and the 15,632
sheriff of each county along the proposed route, or any alternate 15,634
route, of the shipment.
(C) The deputy EXECUTIVE director of the emergency 15,636
management agency shall not disclose to any person other than 15,638
those persons enumerated in division (B) of this section any 15,639
information pertaining to any shipment of special nuclear 15,640
material or by-product material prior to the time that the 15,641
shipment is completed.
(D) This section does not apply to radioactive materials, 15,643
other than by-products, shipped by or for the United States 15,644
department of defense and United States department of energy. 15,645
Nothing in this section shall require REQUIRES the disclosure of 15,647
any defense information or restricted data as defined in the 15,648
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as 15,649
amended.
(E) No person shall transport or cause to be transported 15,651
into or through the state any large quantity of special or 15,652
by-product material without first providing the notice required 15,653
in division (A) of this section. 15,654
Sec. 4301.10. (A) The department or, beginning on July 1, 15,663
1997, the division of liquor control shall: 15,664
(1) Control the traffic in beer and intoxicating liquor in 15,666
this state, including the manufacture, importation, and sale of 15,668
beer and intoxicating liquor;
367
(2) Grant or refuse permits for the manufacture, 15,670
distribution, transportation, and sale of beer and intoxicating 15,671
liquor and the sale of alcohol, as authorized or required by this 15,672
chapter and Chapter 4303. of the Revised Code; and a certificate 15,673
signed by the director or, beginning on July 1, 1997, the 15,674
superintendent of liquor control to which is affixed the official 15,676
seal of the department or division stating that it appears from
the records of the department or division that no permit has been 15,677
issued to the person specified in the certificate, or that a 15,678
permit, if issued, has been revoked, canceled, or suspended shall 15,680
be received as prima-facie evidence of the facts recited in the 15,681
certificate in any court, or before any officer of this state; 15,683
(3) Put into operation, manage, and control a system of 15,685
state liquor stores for the sale of spirituous liquor at retail 15,686
and to holders of permits authorizing the sale of spirituous 15,687
liquor; however, the department or division shall not establish 15,688
any drive-in state liquor stores; and by means of those types of 15,689
stores, and any manufacturing plants, distributing and bottling 15,690
plants, warehouses, and other facilities that it considers 15,691
expedient, establish and maintain a state monopoly of the 15,692
distribution of spirituous liquor and its sale in packages or 15,693
containers; and for that purpose manufacture, buy, import, 15,694
possess, and sell spirituous liquors as provided in this chapter 15,695
and Chapter 4303. of the Revised Code, and in the rules 15,696
promulgated by the director or superintendent of liquor control 15,697
pursuant to those chapters; lease, or in any manner acquire the 15,698
use of any land or building required for any of those purposes; 15,699
purchase any equipment that is required; and borrow money to 15,700
carry on its business, and issue, sign, endorse, and accept 15,701
notes, checks, and bills of exchange; but all obligations of the 15,702
department or division created under authority of this division
shall be a charge only upon the moneys received by the department 15,703
or division from the sale of spirituous liquor and its other 15,704
business transactions in connection with the sale of spirituous 15,705
368
liquor, and shall not be general obligations of the state; 15,707
(4) Enforce the administrative provisions of this chapter 15,709
and Chapter 4303. of the Revised Code, and the rules and orders 15,712
of the liquor control commission and the director or 15,713
superintendent relating to the manufacture, importation, 15,715
transportation, distribution, and sale of beer and intoxicating 15,716
liquors; and the attorney general, any prosecuting attorney, and 15,717
any prosecuting officer of a municipal corporation or a municipal 15,718
court shall, at the request of the department or division of
liquor control or the department of public safety, prosecute any 15,720
person charged with the violation of any provision in those 15,721
chapters or of any section of the Revised Code relating to the 15,722
manufacture, importation, transportation, distribution, and sale 15,723
of beer and intoxicating liquor; 15,724
(5) Determine the locations of all state liquor stores and 15,726
manufacturing, distributing, and bottling plants required in 15,727
connection therewith, subject to this chapter and Chapter 4303. 15,728
of the Revised Code; 15,729
(6) Conduct inspections of liquor permit premises to 15,731
determine compliance with the administrative provisions of this 15,733
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 15,734
Except as otherwise provided in division (A)(6) of this 15,736
section, those inspections may be conducted only during those 15,737
hours in which the permit holder is open for business and only by 15,738
authorized agents or employees of the department or division or 15,739
by any peace officer, as this term is defined in section 2935.01 15,740
of the Revised Code. Inspections may be conducted at other hours 15,741
only to determine compliance with laws or commission rules that 15,742
regulate the hours of sale of beer and intoxicating liquor and 15,743
only if the investigator has reasonable cause to believe that 15,744
those laws or rules are being violated. Any inspection conducted 15,745
pursuant to division (A)(6) of this section is subject to all of 15,746
the following requirements: 15,747
369
(a) The only property that may be confiscated is 15,749
contraband, as defined in section 2901.01 of the Revised Code, or 15,751
property that is otherwise necessary for evidentiary purposes. 15,752
(b) A complete inventory of all property confiscated from 15,754
the premises shall be given to the permit holder or the permit 15,755
holder's agent or employee by the confiscating agent or officer 15,757
at the conclusion of the inspection. At that time, the inventory 15,758
shall be signed by the confiscating agent or officer and the 15,759
agent or officer shall give the permit holder or the permit 15,760
holder's agent or employee the opportunity to sign the inventory. 15,761
(c) Inspections conducted pursuant to division (A)(6) of 15,763
this section shall be conducted in a reasonable manner. A 15,764
finding by any court of competent jurisdiction that the 15,765
inspection was not conducted in a reasonable manner in accordance 15,766
with this section or any rules promulgated by the commission may 15,767
be considered grounds for suppression of evidence. A finding by 15,768
the liquor control commission that the inspection was not 15,769
conducted in a reasonable manner in accordance with this section 15,770
or any rules promulgated by the commission may be considered 15,771
grounds for dismissal of the commission case. 15,772
If any court of competent jurisdiction finds that property 15,774
confiscated as the result of an administrative inspection is not 15,775
necessary for evidentiary purposes and is not contraband, as 15,776
defined in section 2901.01 of the Revised Code, the court shall 15,778
order the immediate return of the confiscated property, provided 15,779
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 15,780
property is not grounds for dismissal of the case. The 15,781
commission likewise may order the return of confiscated property 15,782
if no criminal prosecution is pending or anticipated. 15,783
(7) Delegate to any of its agents or employees any power 15,785
of investigation that the department or division possesses with 15,786
respect to the enforcement of any of the administrative laws 15,787
relating to beer and to intoxicating liquor, provided that this 15,788
370
division does not authorize the department or division to 15,789
designate any agent or employee to serve as a liquor control 15,790
investigator. The employment and designation of liquor control
investigators shall be within the exclusive authority of the 15,791
director of public safety pursuant to sections 5502.13 and 15,792
5502.61 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of 15,794
this section, collect the following fees: 15,795
(a) An annual twenty-five-dollar registration fee for each 15,797
representative, registered pursuant to section 4303.25 of the 15,798
Revised Code, of a beer or intoxicating liquor manufacturer doing 15,799
business in this state; 15,800
(b) A fifty-dollar product registration fee for each new 15,802
beer or intoxicating liquor product sold in this state. The 15,803
product registration fee shall be accompanied by a copy of the 15,804
federal label and product approval for the new product. 15,805
(c) An annual three-hundred-dollar out-of-state supplier 15,807
consent-to-import fee from each manufacturer or supplier not 15,808
subject to division (A)(8)(e) of this section, in addition to an 15,810
initial application fee of one hundred dollars; 15,811
(d) An annual twenty-five-dollar registration fee for coil 15,813
cleaners of beer dispensing equipment doing business in this 15,814
state. 15,815
(e) An annual one-hundred-dollar out-of-state 15,817
consent-to-import fee, in addition to an initial application fee 15,818
of one hundred dollars, from any manufacturer or out-of-state 15,819
supplier that produced or shipped into this state in the 15,820
immediately preceding calendar year a total of five hundred or 15,821
fewer cases of seven-hundred-fifty milliliter equivalent of 15,822
intoxicating liquor and twelve-ounce equivalent of beer. 15,823
Each consent-to-import, representative's registration, and 15,825
coil cleaner registration issued under division (A)(8) of this 15,827
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 15,828
371
the year, ending on the uniform expiration date for each, which 15,829
shall be designated by the department or division, and is subject 15,830
to suspension, revocation, cancellation, or fine as authorized by 15,831
this chapter and Chapter 4303. of the Revised Code. 15,832
(9) Establish a system of electronic data interchange 15,834
within the department or division and regulate the electronic 15,835
transfer of information and funds among persons and governmental 15,837
entities engaged in the manufacture, distribution, and retail 15,838
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 15,840
implication conferred upon the department or division by this 15,841
chapter and Chapter 4303. of the Revised Code, and all powers 15,842
necessary for the exercise or discharge of any power, duty, or 15,843
function expressly conferred or imposed upon the department or 15,844
division by those chapters. 15,845
(B) The department or division may: 15,847
(1) Sue, but may be sued only in connection with the 15,849
execution of leases of real estate and the purchases and 15,850
contracts necessary for the operation of the state liquor stores 15,851
that are made under this chapter and Chapter 4303. of the Revised 15,852
Code; 15,853
(2) Enter into leases and contracts of all descriptions 15,855
and acquire and transfer title to personal property with regard 15,857
to the sale, distribution, and storage of spirituous liquor 15,858
within the state;
(3) Terminate at will any lease entered into pursuant to 15,860
division (B)(2) of this section upon first giving ninety days' 15,862
notice in writing to the lessor of its intention to do so; 15,863
(4) Fix the wholesale and retail prices at which the 15,865
various classes, varieties, and brands of spirituous liquor shall 15,866
be sold by the department. Those retail prices shall be the same 15,867
at all state liquor stores, except to the extent that a price 15,868
differential is required to collect a county sales tax levied 15,869
pursuant to section 5739.021 of the Revised Code and for which 15,870
372
tax the tax commissioner has authorized prepayment pursuant to 15,871
section 5739.05 of the Revised Code. In fixing selling prices, 15,872
the department or division shall compute an anticipated gross 15,873
profit at least sufficient to provide in each calendar year all 15,874
costs and expenses of the department or division and also an 15,875
adequate working capital reserve for the department or division. 15,876
The gross profit shall not exceed forty per cent of the retail 15,878
selling price based on costs of the department or division, and
in addition the sum required by section 4301.12 of the Revised 15,879
Code to be paid into the state treasury. An amount equal to one 15,880
and one-half per cent of that gross profit shall be paid into the 15,881
alcoholism-detoxification centers STATEWIDE TREATMENT AND 15,882
PREVENTION fund created under BY section 4301.30 of the Revised 15,884
Code and be appropriated by the general assembly from the fund to 15,885
the department of alcohol and drug addiction services as provided 15,886
in section 4301.30 of the Revised Code. 15,887
On spirituous liquor manufactured in Ohio from the juice of 15,889
grapes or fruits grown in Ohio, the department or division shall 15,890
compute an anticipated gross profit of not to exceed ten per 15,891
cent. The wholesale prices shall be at a discount of not less 15,892
than twelve and one-half per cent of the retail selling prices as 15,893
determined by the department or division in accordance with this 15,894
section.
(C) The department or division may approve the expansion 15,896
or diminution of a premises to which a liquor permit has been 15,898
issued and may adopt standards governing such an expansion or 15,899
diminution.
Sec. 4301.30. All fees collected by the division of liquor 15,909
control shall be deposited in the state treasury to the credit of 15,910
the undivided liquor permit fund, which is hereby created, at the 15,911
time prescribed under section 4301.12 of the Revised Code. Each 15,912
payment shall be accompanied by a statement showing separately 15,913
the amount collected for each class of permits in each municipal 15,914
corporation and in each township outside the limits of any 15,915
373
municipal corporation in such township. An amount equal to fifty 15,916
dollars for each fee received for a D-2 permit, which is not 15,917
placed in operation immediately upon a D-3 permit premises, and 15,918
twenty-five dollars for each fee received for a C-2 permit, shall 15,919
be paid from the undivided liquor permit fund into the general 15,920
revenue fund.
Prior to the fees received for a D-2 permit, which is not 15,922
in operation immediately upon a D-3 permit premises, and a C-2 15,923
permit being paid into the general revenue fund, an amount equal 15,924
to twenty-one per cent of the undivided liquor permit fund shall 15,925
be paid into the alcoholism-detoxification centers STATEWIDE 15,926
TREATMENT AND PREVENTION fund, which is hereby created in the 15,928
state treasury. Such THIS amount shall be appropriated by the 15,929
general assembly, together with an amount equal to one and 15,930
one-half per cent of the gross profit of the department of liquor 15,931
control derived under division (B)(4) of section 4301.10 of the 15,932
Revised Code, to the department of alcohol and drug addiction 15,933
services. In planning for the allocation of and in allocating 15,934
these amounts for the purposes of Chapter 3793. of the Revised 15,935
Code, the department of alcohol and drug addiction services shall 15,936
comply with the nondiscrimination provisions of Title VI of the 15,937
Civil Rights Act of 1964, and any rules adopted thereunder. 15,938
The moneys remaining in the undivided liquor permit fund 15,940
shall be distributed by the superintendent of liquor control at 15,942
quarterly calendar periods as follows: 15,943
(A) To each municipal corporation, the aggregate amount 15,945
shown by the statements to have been collected from permits 15,946
therein, for the use of the general fund of the municipal 15,947
corporation; 15,948
(B) To each township, the aggregate amount shown by the 15,950
statements to have been collected from permits in its territory, 15,951
outside the limits of any municipal corporation located therein, 15,952
for the use of the general fund of the township, or for fire 15,953
protection purposes, including buildings and equipment in the 15,954
374
township or in an established fire district within the township, 15,955
to the extent that the funds are derived from liquor permits 15,956
within the territory comprising such fire district. 15,957
For the purpose of the distribution required by this 15,959
section, E, H, and D permits covering boats or vessels are deemed 15,960
to have been issued in the municipal corporation or township 15,961
wherein the owner or operator of the vehicle, boat, vessel, or 15,962
dining car equipment to which the permit relates has the owner's 15,963
or operator's principal office or place of business within the 15,965
state.
Such distributions are subject to diminutions for refunds 15,967
as prescribed in section 4301.41 of the Revised Code. If the 15,968
liquor control commission is of the opinion that the police or 15,969
other officers of any municipal corporation or township entitled 15,970
to share in such distribution are refusing or culpably neglecting 15,971
to enforce this chapter and Chapter 4303. of the Revised Code, or 15,972
the penal laws of this state relating to the manufacture, 15,973
importation, transportation, distribution, and sale of beer and 15,974
intoxicating liquors, or if the prosecuting officer of a 15,975
municipal corporation or the municipal court thereof fails to 15,976
comply with the request of the commission authorized by division 15,977
(A)(4) of section 4301.10 of the Revised Code, the commission 15,978
may, by certified mail, MAY notify the chief executive officer of 15,980
the municipal corporation or the board of township trustees of 15,981
the township of such failure and require the immediate 15,982
cooperation of the responsible officers of the municipal 15,983
corporation or township with the division of liquor control in 15,984
the enforcement of such chapters and such penal laws. Within 15,986
thirty days after the notice is served, the commission shall 15,987
determine whether or not the requirement has been complied with. 15,988
If the commission determines that the requirement has not been 15,989
complied with, it may issue an order to the superintendent to 15,991
withhold the distributive share of the municipal corporation or 15,992
township until further order of the commission. This action of 15,993
375
the commission is reviewable within thirty days thereafter in the 15,994
court of common pleas of Franklin county. 15,995
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 16,004
4301.50 of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 16,007
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 16,009
distribution, and, except with respect to A-4 permit holders, 16,010
offer for sale. 16,011
(B) For the purposes of providing revenues for the support 16,014
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, 16,015
except for known sacramental purposes, at the rate of thirty 16,016
cents per wine gallon for wine containing not less than four per 16,017
cent of alcohol by volume and not more than fourteen per cent of 16,018
alcohol by volume, ninety-eight cents per wine gallon for wine 16,019
containing more than fourteen per cent but not more than 16,020
twenty-one per cent of alcohol by volume, one dollar and eight 16,021
cents per wine gallon for vermouth, and one dollar and 16,022
forty-eight cents per wine gallon for sparkling and carbonated 16,023
wine and champagne, the tax to be paid by the holders of A-2 and 16,024
B-5 permits or by any other person selling or distributing wine 16,025
upon which no tax has been paid. From the tax paid under this 16,027
section on wine, vermouth, and sparkling and carbonated wine and 16,028
champagne, the treasurer of state shall credit to the Ohio grape 16,029
industries fund created under section 924.54 of the Revised Code 16,030
a sum equal to one cent per gallon for each gallon upon which the 16,031
tax is paid.
(C) For the purpose of providing revenues for the support 16,033
of the state, there is hereby levied a tax on prepared and 16,034
bottled highballs, cocktails, cordials, and other mixed beverages 16,035
at the rate of one dollar and twenty cents per wine gallon to be 16,036
paid by holders of A-4 permits or by any other person selling or 16,037
distributing those products upon which no tax has been paid. 16,038
376
Only one sale of the same article shall be used in computing the 16,039
amount of tax due. The tax on mixed beverages to be paid by 16,040
holders of A-4 permits under this section shall not attach until 16,041
the ownership of the mixed beverage is transferred for valuable 16,042
consideration to a wholesaler or retailer, and no payment of the 16,043
tax shall be required prior to that time. 16,044
(D) During the period from June 30, 1995, until July 1, 16,047
1999 2001, from the tax paid under this section on wine, 16,048
vermouth, and sparkling and carbonated wine and champagne, the
treasurer of state shall credit to the Ohio grape industries fund 16,050
created under section 924.54 of the Revised Code a sum equal to 16,051
two cents per gallon upon which the tax is paid. The amount 16,052
credited under this division is in addition to the amount 16,053
credited to the Ohio grape industries fund under division (B) of
this section. 16,054
(E) For the purpose of providing revenues for the support 16,056
of the state, there is hereby levied a tax on cider at the rate 16,058
of twenty-four cents per wine gallon to be paid by the holders of 16,059
A-2 and B-5 permits or by any other person selling or 16,060
distributing cider upon which no tax has been paid. Only one 16,061
sale of the same article shall be used in computing the amount of 16,062
the tax due.
Sec. 4501.27. (A) Except as provided in division (B) of 16,072
this section, on and after September 13, 1997, the registrar of 16,073
motor vehicles, and any employee or contractor of the bureau of 16,074
motor vehicles, shall not knowingly disclose or otherwise make 16,075
available to any person or entity any personal information about 16,076
an individual that the bureau obtained in connection with a motor 16,077
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 16,080
an employee or contractor of the bureau of motor vehicles, shall 16,081
disclose personal information about an individual that the bureau 16,082
obtained in connection with a motor vehicle record, for use in 16,083
connection with any of the following matters to carry out the 16,084
377
purposes of any specified federal automobile-related act: 16,085
(a) Motor vehicle or driver safety and theft; 16,087
(b) Motor vehicle emissions; 16,089
(c) Motor vehicle product alterations, recalls, or 16,091
advisories; 16,092
(d) Performance monitoring of motor vehicles and dealers 16,095
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 16,098
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 16,100
(B)(1) of this section, on and after September 13, 1997, the 16,102
registrar, or an employee or contractor of the bureau of motor 16,103
vehicles, may disclose personal information about an individual 16,104
that the bureau obtained in connection with a motor vehicle 16,105
record, as follows:
(a) For the use of a government agency, including, but not 16,108
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 16,109
acting on behalf of an agency of this state, another state, the 16,110
United States, or a political subdivision of this state or 16,112
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 16,115
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 16,116
performance monitoring of motor vehicles, motor vehicle parts, 16,117
and dealers; motor vehicle market research activities, including, 16,119
but not limited to, survey research; and removal of non-owner 16,120
records from the original owner records of motor vehicle
manufacturers; 16,121
(c) For use in the normal course of business by a 16,123
legitimate business or an agent, employee, or contractor of a 16,124
legitimate business, but only for one of the following purposes: 16,125
(i) To verify the accuracy of personal information 16,127
submitted to the business, agent, employee, or contractor by an 16,128
378
individual;
(ii) If personal information submitted to the business, 16,131
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 16,132
for the purpose of preventing fraud, by pursuing legal remedies 16,133
against, or recovering on a debt or security interest against, 16,134
the individual.
(d) For use in connection with a civil, criminal, 16,136
administrative, or arbitral proceeding in a court or agency of 16,137
this state, another state, the United States, or a political 16,138
subdivision of this state or another state or before a 16,139
self-regulatory body, including, but not limited to, use in 16,140
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 16,141
judgment or order; 16,142
(e) Pursuant to an order of a court of this state, another 16,145
state, the United States, or a political subdivision of this
state or another state; 16,146
(f) For use in research activities or in producing 16,148
statistical reports, provided the personal information is not 16,149
published, redisclosed, or used to contact an individual; 16,150
(g) For use by an insurer, insurance support organization, 16,153
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 16,154
investigation activity, anti-fraud activity, rating, or 16,155
underwriting;
(h) For use in providing notice to the owner of a towed, 16,158
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 16,161
or licensed security service for any purpose permitted under
division (B)(2) of this section; 16,162
(j) For use by an employer or by the agent or insurer of 16,165
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 16,166
379
required under the "Commercial Motor Vehicle Safety Act of 1986," 16,167
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 16,168
amended;
(k) For use in connection with the operation of a private 16,171
toll transportation facility;
(l) For any use not otherwise identified in division 16,173
(B)(2) of this section that is in response to a request for 16,175
individual motor vehicle records, if the bureau of motor vehicles 16,176
has provided both of the following in a clear and conspicuous 16,177
manner on forms for the issuance or renewal of driver's or 16,178
commercial driver's licenses, motor vehicle certificates of 16,179
title, motor vehicle registrations and identification license 16,180
plates, and identification cards:
(i) Notice that personal information collected by the 16,183
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who completes and 16,186
submits any of the forms to prohibit disclosures.
(m) For bulk distribution for surveys, marketing, or 16,188
solicitations, if the bureau of motor vehicles has implemented 16,189
methods and procedures to ensure both ALL of the following: 16,190
(i) That individuals are provided WRITTEN NOTICE, in a 16,193
clear and conspicuous manner, ON FORMS FOR THE ISSUANCE OR 16,195
RENEWAL OF DRIVER'S OR COMMERCIAL DRIVER'S LICENSES, MOTOR 16,197
VEHICLE CERTIFICATES OF TITLE, MOTOR VEHICLE REGISTRATIONS AND
LICENSE PLATES, AND IDENTIFICATION CARDS, AND VERBAL NOTICE WHEN 16,200
A TRANSACTION IS PERFORMED IN PERSON, THAT PERSONAL INFORMATION 16,201
COLLECTED BY THE BUREAU ON OR IN RELATION TO THE FORMS MAY BE 16,203
DISCLOSED FOR USES OF THIS NATURE; AND an opportunity to prohibit 16,204
uses of this nature BY COMPLETING AND SUBMITTING FORMS PROVIDED 16,206
BY THE BUREAU;
(ii) The information will be used, rented, or sold solely 16,209
for bulk distribution for surveys, marketing, or solicitations,
and that those surveys, marketing, and solicitations will not be 16,211
380
directed at an individual who has requested in a timely fashion 16,212
that the surveys, marketing, and solicitations not be directed at 16,213
that individual.
(n) For use by a person, state, or state agency that 16,215
requests the information, if the person, state, or state agency 16,216
demonstrates that it has obtained the written consent of the 16,217
individual to whom the information pertains; 16,218
(o) For any other use specifically authorized by law that 16,221
is related to the operation of a motor vehicle or to public
safety.
(C) On and after September 13, 1997, an authorized 16,224
recipient of personal information about an individual that the 16,225
bureau of motor vehicles obtained in connection with a motor 16,226
vehicle record, other than a recipient under division (B)(2)(l) 16,227
or (m) of this section, may resell or redisclose the personal 16,229
information only for a use permitted under division (B)(1), 16,230
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 16,231
and after September 13, 1997, an authorized recipient of personal 16,232
information about an individual under division (B)(2)(l) of this 16,234
section may resell or redisclose the information for any purpose. 16,235
On and after September 13, 1997, an authorized recipient of 16,236
personal information under division (B)(2)(m) of this section may 16,239
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 16,241
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 16,244
division (B)(2)(l) of this section, that resells or rediscloses 16,245
any personal information covered by this section must keep for a 16,246
period of five years a record that identifies each person or 16,247
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 16,248
must make all such records available to the registrar of motor 16,249
vehicles upon the registrar's request. 16,250
(D) The registrar may establish and carry out procedures 16,253
381
under which the registrar or the registrar's agents, upon receipt 16,255
of a request for personal information on or after September 13, 16,256
1997, that does not satisfy any of the criteria for disclosure of 16,257
the information that are set forth in division (B)(1) or (2) of 16,258
this section, may notify the individual about whom the 16,259
information was requested, by regular mail, that the request was 16,260
made. Any procedures so adopted shall provide that, if the 16,262
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 16,263
a copy of the request and conspicuously shall include in the 16,264
notice a statement that the information will not be released 16,265
unless the individual waives the individual's right to privacy 16,266
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 16,269
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 16,274
2721-2725, that are necessary to carry out the registrar's duties 16,275
under this section on and after September 13, 1997. 16,276
(F) Divisions (A) to (E) of this section do not apply to 16,279
the release of any personal information prior to September 13, 16,280
1997.
(G) As used in this section: 16,282
(1) "Motor vehicle record" means a record that pertains to 16,284
a motor vehicle driver's or commercial driver's license or 16,285
permit, a motor vehicle certificate of title, a motor vehicle 16,286
registration or motor vehicle identification license plates, or 16,287
an identification card issued by the bureau of motor vehicles. 16,288
(2) "Person" has the same meaning as in section 1.59 of 16,290
the Revised Code and does not include this state, another state, 16,291
or an agency of this state or another state. 16,292
(3) "Personal information" means information that 16,294
identifies an individual, including, but not limited to, an 16,295
individual's photograph or digital image, social security number, 16,297
driver or driver's license identification number, name, telephone 16,298
382
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 16,300
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 16,301
status.
(4) "Specified federal automobile-related act" means the 16,303
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 16,309
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 16,314
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 16,318
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 16,323
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 16,326
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 16,330
U.S.C. 7401, et seq., all as now or hereafter amended. 16,332
Sec. 4511.191. (A) Any person who operates a vehicle upon 16,341
a highway or any public or private property used by the public 16,342
for vehicular travel or parking within this state shall be deemed 16,343
to have given consent to a chemical test or tests of the person's 16,345
blood, breath, or urine for the purpose of determining the 16,346
alcohol, drug, or alcohol and drug content of the person's blood, 16,347
breath, or urine if arrested for operating a vehicle while under 16,349
the influence of alcohol, a drug of abuse, or alcohol and a drug 16,350
of abuse or for operating a vehicle with a prohibited 16,351
concentration of alcohol in the blood, breath, or urine. The 16,352
chemical test or tests shall be administered at the request of a 16,353
police officer having reasonable grounds to believe the person to 16,354
have been operating a vehicle upon a highway or any public or 16,355
private property used by the public for vehicular travel or 16,356
parking in this state while under the influence of alcohol, a 16,357
drug of abuse, or alcohol and a drug of abuse or with a 16,358
prohibited concentration of alcohol in the blood, breath, or 16,359
urine. The law enforcement agency by which the officer is 16,360
employed shall designate which of the tests shall be
administered. 16,361
(B) Any person who is dead or unconscious, or who is 16,363
383
otherwise in a condition rendering the person incapable of 16,364
refusal, shall be deemed not to have withdrawn consent as 16,366
provided by division (A) of this section and the test or tests 16,367
may be administered, subject to sections 313.12 to 313.16 of the 16,368
Revised Code. 16,369
(C)(1) Any person under arrest for operating a vehicle 16,371
while under the influence of alcohol, a drug of abuse, or alcohol 16,372
and a drug of abuse or for operating a vehicle with a prohibited 16,373
concentration of alcohol in the blood, breath, or urine shall be 16,374
advised at a police station, or at a hospital, first-aid station, 16,375
or clinic to which the person has been taken for first-aid or 16,376
medical treatment, of both of the following: 16,377
(a) The consequences, as specified in division (E) of this 16,379
section, of the person's refusal to submit upon request to a 16,380
chemical test designated by the law enforcement agency as 16,382
provided in division (A) of this section; 16,383
(b) The consequences, as specified in division (F) of this 16,385
section, of the person's submission to the designated chemical 16,387
test if the person is found to have a prohibited concentration of 16,388
alcohol in the blood, breath, or urine. 16,389
(2)(a) The advice given pursuant to division (C)(1) of 16,391
this section shall be in a written form containing the 16,392
information described in division (C)(2)(b) of this section and 16,393
shall be read to the person. The form shall contain a statement 16,394
that the form was shown to the person under arrest and read to 16,395
the person in the presence of the arresting officer and either 16,397
another police officer, a civilian police employee, or an 16,398
employee of a hospital, first-aid station, or clinic, if any, to 16,399
which the person has been taken for first-aid or medical 16,400
treatment. The witnesses shall certify to this fact by signing 16,401
the form.
(b) The form required by division (C)(2)(a) of this 16,403
section shall read as follows: 16,404
"You now are under arrest for operating a vehicle while 16,406
384
under the influence of alcohol, a drug of abuse, or both alcohol 16,407
and a drug of abuse and will be requested by a police officer to 16,408
submit to a chemical test to determine the concentration of 16,409
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 16,410
blood, breath, or urine. 16,411
If you refuse to submit to the requested test or if you 16,413
submit to the requested test and are found to have a prohibited 16,414
concentration of alcohol in your blood, breath, or urine, your 16,415
driver's or commercial driver's license or permit or nonresident 16,416
operating privilege immediately will be suspended for the period 16,417
of time specified by law by the officer, on behalf of the 16,418
registrar of motor vehicles. You may appeal this suspension at 16,419
your initial appearance before the court that hears the charges 16,420
against you resulting from the arrest, and your initial 16,421
appearance will be conducted no later than five days after the 16,422
arrest. This suspension is independent of the penalties for the 16,423
offense, and you may be subject to other penalties upon 16,424
conviction." 16,425
(D)(1) If a person under arrest as described in division 16,427
(C)(1) of this section is not asked by a police officer to submit 16,428
to a chemical test designated as provided in division (A) of this 16,429
section, the arresting officer shall seize the Ohio or 16,430
out-of-state driver's or commercial driver's license or permit of 16,431
the person and immediately forward the seized license or permit 16,432
to the court in which the arrested person is to appear on the 16,433
charge for which the person was arrested. If the arrested person 16,434
does not have the person's driver's or commercial driver's 16,435
license or permit on the person's self or in the person's 16,436
vehicle, the arresting officer shall order the arrested person to 16,438
surrender it to the law enforcement agency that employs the 16,440
officer within twenty-four hours after the arrest, and, upon the 16,441
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 16,443
person is to appear on the charge for which the person was 16,444
385
arrested. Upon receipt of the license or permit, the court shall 16,446
retain it pending the initial appearance of the arrested person 16,447
and any action taken under section 4511.196 of the Revised Code. 16,448
If a person under arrest as described in division (C)(1) of 16,450
this section is asked by a police officer to submit to a chemical 16,451
test designated as provided in division (A) of this section and 16,452
is advised of the consequences of the person's refusal or 16,453
submission as provided in division (C) of this section and if the 16,454
person either refuses to submit to the designated chemical test 16,455
or the person submits to the designated chemical test and the 16,456
test results indicate that the person's blood contained a 16,457
concentration of ten-hundredths of one per cent or more by weight 16,458
of alcohol, the person's breath contained a concentration of 16,459
ten-hundredths of one gram or more by weight of alcohol per two 16,460
hundred ten liters of the person's breath, or the person's urine 16,461
contained a concentration of fourteen-hundredths of one gram or 16,463
more by weight of alcohol per one hundred milliliters of the 16,464
person's urine at the time of the alleged offense, the arresting 16,466
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 16,468
suspension upon the person that advises the person that, 16,469
independent of any penalties or sanctions imposed upon the person 16,471
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 16,473
license or permit or nonresident operating privilege is 16,474
suspended, that the suspension takes effect immediately, that the 16,475
suspension will last at least until the person's initial 16,476
appearance on the charge that will be held within five days after 16,478
the date of the person's arrest or the issuance of a citation to 16,480
the person, and that the person may appeal the suspension at the 16,482
initial appearance; seize the Ohio or out-of-state driver's or 16,483
commercial driver's license or permit of the person; and 16,484
immediately forward the seized license or permit to the 16,485
registrar. If the arrested person does not have the person's
386
driver's or commercial driver's license or permit on the person's 16,486
self or in the person's vehicle, the arresting officer shall 16,488
order the person to surrender it to the law enforcement agency 16,489
that employs the officer within twenty-four hours after the 16,490
service of the notice of suspension, and, upon the surrender, the 16,491
officer's employing agency immediately shall forward the license 16,492
or permit to the registrar. 16,493
(b) Verify the current residence of the person and, if it 16,495
differs from that on the person's driver's or commercial driver's 16,496
license or permit, notify the registrar of the change; 16,497
(c) In addition to forwarding the arrested person's 16,499
driver's or commercial driver's license or permit to the 16,500
registrar, send to the registrar, within forty-eight hours after 16,501
the arrest of the person, a sworn report that includes all of the 16,502
following statements: 16,503
(i) That the officer had reasonable grounds to believe 16,505
that, at the time of the arrest, the arrested person was 16,506
operating a vehicle upon a highway or public or private property 16,507
used by the public for vehicular travel or parking within this 16,508
state while under the influence of alcohol, a drug of abuse, or 16,509
alcohol and a drug of abuse or with a prohibited concentration of 16,510
alcohol in the blood, breath, or urine; 16,511
(ii) That the person was arrested and charged with 16,513
operating a vehicle while under the influence of alcohol, a drug 16,514
of abuse, or alcohol and a drug of abuse or with operating a 16,515
vehicle with a prohibited concentration of alcohol in the blood, 16,516
breath, or urine; 16,517
(iii) That the officer asked the person to take the 16,519
designated chemical test, advised the person of the consequences 16,520
of submitting to the chemical test or refusing to take the 16,521
chemical test, and gave the person the form described in division 16,522
(C)(2) of this section; 16,523
(iv) That the person refused to submit to the chemical 16,525
test or that the person submitted to the chemical test and the 16,526
387
test results indicate that the person's blood contained a 16,527
concentration of ten-hundredths of one per cent or more by weight 16,529
of alcohol, the person's breath contained a concentration of 16,530
ten-hundredths of one gram or more by weight of alcohol per two 16,531
hundred ten liters of the person's breath, or the person's urine 16,532
contained a concentration of fourteen-hundredths of one gram or 16,534
more by weight of alcohol per one hundred milliliters of the 16,535
person's urine at the time of the alleged offense; 16,537
(v) That the officer served a notice of suspension upon 16,539
the person as described in division (D)(1)(a) of this section. 16,540
(2) The sworn report of an arresting officer completed 16,542
under division (D)(1)(c) of this section shall be given by the 16,543
officer to the arrested person at the time of the arrest or sent 16,544
to the person by regular first class mail by the registrar as 16,545
soon thereafter as possible, but no later than fourteen days 16,546
after receipt of the report. An arresting officer may give an 16,547
unsworn report to the arrested person at the time of the arrest 16,548
provided the report is complete when given to the arrested person 16,549
and subsequently is sworn to by the arresting officer. As soon 16,550
as possible, but no later than forty-eight hours after the arrest 16,551
of the person, the arresting officer shall send a copy of the 16,552
sworn report to the court in which the arrested person is to 16,553
appear on the charge for which the person was arrested. 16,554
(3) The sworn report of an arresting officer completed and 16,556
sent to the registrar and the court under divisions (D)(1)(c) and 16,557
(D)(2) of this section is prima-facie proof of the information 16,558
and statements that it contains and shall be admitted and 16,559
considered as prima-facie proof of the information and statements 16,560
that it contains in any appeal under division (H) of this section 16,561
relative to any suspension of a person's driver's or commercial 16,562
driver's license or permit or nonresident operating privilege 16,563
that results from the arrest covered by the report. 16,564
(E)(1) Upon receipt of the sworn report of an arresting 16,566
officer completed and sent to the registrar and a court pursuant 16,567
388
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 16,568
person who refused to take the designated chemical test, the 16,569
registrar shall enter into the registrar's records the fact that 16,571
the person's driver's or commercial driver's license or permit or 16,572
nonresident operating privilege was suspended by the arresting 16,573
officer under division (D)(1)(a) of this section and the period 16,574
of the suspension, as determined under divisions (E)(1)(a) to (d) 16,575
of this section. The suspension shall be subject to appeal as 16,576
provided in this section and shall be for whichever of the 16,577
following periods applies: 16,578
(a) If the arrested person, within five years of the date 16,580
on which the person refused the request to consent to the 16,581
chemical test, had not refused a previous request to consent to a 16,583
chemical test of the person's blood, breath, or urine to 16,584
determine its alcohol content, the period of suspension shall be 16,586
one year. If the person is a resident without a license or 16,587
permit to operate a vehicle within this state, the registrar 16,588
shall deny to the person the issuance of a driver's or commercial 16,589
driver's license or permit for a period of one year after the 16,590
date of the alleged violation.
(b) If the arrested person, within five years of the date 16,592
on which the person refused the request to consent to the 16,593
chemical test, had refused one previous request to consent to a 16,595
chemical test of the person's blood, breath, or urine to 16,596
determine its alcohol content, the period of suspension or denial 16,598
shall be two years.
(c) If the arrested person, within five years of the date 16,600
on which the person refused the request to consent to the 16,601
chemical test, had refused two previous requests to consent to a 16,603
chemical test of the person's blood, breath, or urine to 16,604
determine its alcohol content, the period of suspension or denial 16,606
shall be three years.
(d) If the arrested person, within five years of the date 16,608
on which the person refused the request to consent to the 16,609
389
chemical test, had refused three or more previous requests to 16,611
consent to a chemical test of the person's blood, breath, or 16,612
urine to determine its alcohol content, the period of suspension 16,614
or denial shall be five years. 16,615
(2) The suspension or denial imposed under division (E)(1) 16,617
of this section shall continue for the entire one-year, two-year, 16,618
three-year, or five-year period, subject to appeal as provided in 16,619
this section and subject to termination as provided in division 16,620
(K) of this section. 16,621
(F) Upon receipt of the sworn report of an arresting 16,623
officer completed and sent to the registrar and a court pursuant 16,624
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 16,625
person whose test results indicate that the person's blood 16,626
contained a concentration of ten-hundredths of one per cent or 16,628
more by weight of alcohol, the person's breath contained a 16,629
concentration of ten-hundredths of one gram or more by weight of 16,630
alcohol per two hundred ten liters of the person's breath, or the 16,632
person's urine contained a concentration of fourteen-hundredths 16,633
of one gram or more by weight of alcohol per one hundred 16,634
milliliters of the person's urine at the time of the alleged 16,635
offense, the registrar shall enter into the registrar's records 16,636
the fact that the person's driver's or commercial driver's 16,638
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 16,639
this section and the period of the suspension, as determined 16,640
under divisions (F)(1) to (4) of this section. The suspension 16,641
shall be subject to appeal as provided in this section and shall 16,642
be for whichever of the following periods that applies: 16,643
(1) Except when division (F)(2), (3), or (4) of this 16,645
section applies and specifies a different period of suspension or 16,646
denial, the period of the suspension or denial shall be ninety 16,647
days.
(2) If the person has been convicted, within six years of 16,649
the date the test was conducted, of one violation of division (A) 16,652
390
or (B) of section 4511.19 of the Revised Code, a municipal 16,653
ordinance relating to operating a vehicle while under the 16,654
influence of alcohol, a drug of abuse, or alcohol and a drug of 16,655
abuse, a municipal ordinance relating to operating a vehicle with 16,656
a prohibited concentration of alcohol in the blood, breath, or 16,657
urine, section 2903.04 of the Revised Code in a case in which the 16,658
offender was subject to the sanctions described in division (D) 16,659
of that section, or section 2903.06, 2903.07, or 2903.08 of the 16,660
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 16,661
the jury or judge found that at the time of the commission of the 16,662
offense the offender was under the influence of alcohol, a drug 16,663
of abuse, or alcohol and a drug of abuse, or a statute of the 16,664
United States or of any other state or a municipal ordinance of a 16,665
municipal corporation located in any other state that is 16,666
substantially similar to division (A) or (B) of section 4511.19 16,667
of the Revised Code, the period of the suspension or denial shall 16,668
be one year.
(3) If the person has been convicted, within six years of 16,670
the date the test was conducted, of two violations of a statute 16,671
or ordinance described in division (F)(2) of this section, the 16,673
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 16,675
the date the test was conducted, of more than two violations of a 16,676
statute or ordinance described in division (F)(2) of this 16,677
section, the period of the suspension or denial shall be three 16,678
years. 16,679
(G)(1) A suspension of a person's driver's or commercial 16,681
driver's license or permit or nonresident operating privilege 16,682
under division (D)(1)(a) of this section for the period of time 16,683
described in division (E) or (F) of this section is effective 16,684
immediately from the time at which the arresting officer serves 16,685
the notice of suspension upon the arrested person. Any 16,686
subsequent finding that the person is not guilty of the charge 16,687
391
that resulted in the person being requested to take, or in the 16,689
person taking, the chemical test or tests under division (A) of 16,690
this section affects the suspension only as described in division 16,691
(H)(2) of this section. 16,692
(2) If a person is arrested for operating a vehicle while 16,694
under the influence of alcohol, a drug of abuse, or alcohol and a 16,695
drug of abuse or for operating a vehicle with a prohibited 16,696
concentration of alcohol in the blood, breath, or urine and 16,697
regardless of whether the person's driver's or commercial 16,698
driver's license or permit or nonresident operating privilege is 16,699
or is not suspended under division (E) or (F) of this section, 16,700
the person's initial appearance on the charge resulting from the 16,701
arrest shall be held within five days of the person's arrest or 16,702
the issuance of the citation to the person, subject to any 16,703
continuance granted by the court pursuant to division (H)(1) of 16,705
this section regarding the issues specified in that division. 16,706
(H)(1) If a person is arrested for operating a vehicle 16,708
while under the influence of alcohol, a drug of abuse, or alcohol 16,709
and a drug of abuse or for operating a vehicle with a prohibited 16,710
concentration of alcohol in the blood, breath, or urine and if 16,711
the person's driver's or commercial driver's license or permit or 16,712
nonresident operating privilege is suspended under division (E) 16,713
or (F) of this section, the person may appeal the suspension at 16,714
the person's initial appearance on the charge resulting from the 16,717
arrest in the court in which the person will appear on that 16,718
charge. If the person appeals the suspension at the person's 16,719
initial appearance, the appeal does not stay the operation of the 16,720
suspension. Subject to division (H)(2) of this section, no court 16,721
has jurisdiction to grant a stay of a suspension imposed under 16,722
division (E) or (F) of this section, and any order issued by any 16,723
court that purports to grant a stay of any suspension imposed 16,724
under either of those divisions shall not be given administrative 16,725
effect.
If the person appeals the suspension at the person's 16,727
392
initial appearance, either the person or the registrar may 16,728
request a continuance of the appeal. Either the person or the 16,730
registrar shall make the request for a continuance of the appeal 16,731
at the same time as the making of the appeal. If either the 16,732
person or the registrar requests a continuance of the appeal, the 16,733
court may grant the continuance. The court also may continue the 16,734
appeal on its own motion. The granting of a continuance applies 16,735
only to the conduct of the appeal of the suspension and does not 16,736
extend the time within which the initial appearance must be 16,737
conducted, and the court shall proceed with all other aspects of 16,738
the initial appearance in accordance with its normal procedures. 16,739
Neither the request for nor the granting of a continuance stays 16,740
the operation of the suspension that is the subject of the 16,741
appeal.
If the person appeals the suspension at the person's 16,743
initial appearance, the scope of the appeal is limited to 16,744
determining whether one or more of the following conditions have 16,745
not been met: 16,746
(a) Whether the law enforcement officer had reasonable 16,748
ground to believe the arrested person was operating a vehicle 16,749
upon a highway or public or private property used by the public 16,750
for vehicular travel or parking within this state while under the 16,751
influence of alcohol, a drug of abuse, or alcohol and a drug of 16,752
abuse or with a prohibited concentration of alcohol in the blood, 16,753
breath, or urine and whether the arrested person was in fact 16,754
placed under arrest; 16,755
(b) Whether the law enforcement officer requested the 16,757
arrested person to submit to the chemical test designated 16,758
pursuant to division (A) of this section; 16,759
(c) Whether the arresting officer informed the arrested 16,761
person of the consequences of refusing to be tested or of 16,762
submitting to the test; 16,763
(d) Whichever of the following is applicable: 16,765
(i) Whether the arrested person refused to submit to the 16,767
393
chemical test requested by the officer; 16,768
(ii) Whether the chemical test results indicate that the 16,770
arrested person's blood contained a concentration of 16,771
ten-hundredths of one per cent or more by weight of alcohol, the 16,773
person's breath contained a concentration of ten-hundredths of 16,775
one gram or more by weight of alcohol per two hundred ten liters 16,776
of the person's breath, or the person's urine contained a 16,777
concentration of fourteen-hundredths of one gram or more by 16,779
weight of alcohol per one hundred milliliters of the person's 16,780
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 16,782
appearance, the judge or referee of the court or the mayor of the 16,783
mayor's court shall determine whether one or more of the 16,784
conditions specified in divisions (H)(1)(a) to (d) of this 16,785
section have not been met. The person who appeals the suspension 16,786
has the burden of proving, by a preponderance of the evidence, 16,787
that one or more of the specified conditions has not been met. 16,788
If during the appeal at the initial appearance the judge or 16,789
referee of the court or the mayor of the mayor's court determines 16,790
that all of those conditions have been met, the judge, referee, 16,791
or mayor shall uphold the suspension, shall continue the 16,792
suspension, and shall notify the registrar of the decision on a 16,793
form approved by the registrar. Except as otherwise provided in 16,794
division (H)(2) of this section, if the suspension is upheld or 16,795
if the person does not appeal the suspension at the person's 16,796
initial appearance under division (H)(1) of this section, the 16,797
suspension shall continue until the complaint alleging the 16,798
violation for which the person was arrested and in relation to 16,799
which the suspension was imposed is adjudicated on the merits by 16,800
the judge or referee of the trial court or by the mayor of the 16,801
mayor's court. If the suspension was imposed under division (E) 16,802
of this section and it is continued under this division, any 16,803
subsequent finding that the person is not guilty of the charge 16,804
that resulted in the person being requested to take the chemical 16,805
394
test or tests under division (A) of this section does not 16,806
terminate or otherwise affect the suspension. If the suspension 16,807
was imposed under division (F) of this section and it is 16,808
continued under this division, the suspension shall terminate if, 16,809
for any reason, the person subsequently is found not guilty of 16,810
the charge that resulted in the person taking the chemical test 16,811
or tests under division (A) of this section. 16,812
If, during the appeal at the initial appearance, the judge 16,814
or referee of the trial court or the mayor of the mayor's court 16,815
determines that one or more of the conditions specified in 16,816
divisions (H)(1)(a) to (d) of this section have not been met, the 16,817
judge, referee, or mayor shall terminate the suspension, subject 16,818
to the imposition of a new suspension under division (B) of 16,819
section 4511.196 of the Revised Code; shall notify the registrar 16,820
of the decision on a form approved by the registrar; and, except 16,821
as provided in division (B) of section 4511.196 of the Revised 16,823
Code, shall order the registrar to return the driver's or 16,824
commercial driver's license or permit to the person or to take 16,825
such measures as may be necessary, if the license or permit was 16,826
destroyed under section 4507.55 of the Revised Code, to permit 16,827
the person to obtain a replacement driver's or commercial 16,828
driver's license or permit from the registrar or a deputy 16,829
registrar in accordance with that section. The court also shall 16,830
issue to the person a court order, valid for not more than ten 16,831
days from the date of issuance, granting the person operating 16,832
privileges for that period of time.
If the person appeals the suspension at the initial 16,834
appearance, the registrar shall be represented by the prosecuting 16,835
attorney of the county in which the arrest occurred if the 16,836
initial appearance is conducted in a juvenile court or county 16,837
court, except that if the arrest occurred within a city or 16,838
village within the jurisdiction of the county court in which the 16,839
appeal is conducted, the city director of law or village 16,840
solicitor of that city or village shall represent the registrar. 16,841
395
If the appeal is conducted in a municipal court, the registrar 16,842
shall be represented as provided in section 1901.34 of the 16,843
Revised Code. If the appeal is conducted in a mayor's court, the 16,844
registrar shall be represented by the city director of law, 16,845
village solicitor, or other chief legal officer of the municipal 16,846
corporation that operates that mayor's court. 16,847
(I)(1) If a person's driver's or commercial driver's 16,849
license or permit or nonresident operating privilege has been 16,850
suspended pursuant to division (E) of this section, and the 16,851
person, within the preceding seven years, has refused three 16,852
previous requests to consent to a chemical test of the person's 16,854
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 16,855
of division (A) or (B) of section 4511.19 of the Revised Code, a 16,856
municipal ordinance relating to operating a vehicle while under 16,857
the influence of alcohol, a drug of abuse, or alcohol and a drug 16,858
of abuse, a municipal ordinance relating to operating a vehicle 16,859
with a prohibited concentration of alcohol in the blood, breath, 16,860
or urine, section 2903.04 of the Revised Code in a case in which 16,861
the person was subject to the sanctions described in division (D) 16,862
of that section, or section 2903.06, 2903.07, or 2903.08 of the 16,863
Revised Code or a municipal ordinance that is substantially 16,864
similar to section 2903.07 of the Revised Code in a case in which 16,865
the jury or judge found that the person was under the influence 16,866
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 16,867
statute of the United States or of any other state or a municipal 16,868
ordinance of a municipal corporation located in any other state 16,869
that is substantially similar to division (A) or (B) of section 16,870
4511.19 of the Revised Code, the person is not entitled to 16,871
request, and the court shall not grant to the person, 16,872
occupational driving privileges under this division. Any other 16,873
person whose driver's or commercial driver's license or 16,874
nonresident operating privilege has been suspended pursuant to 16,875
division (E) of this section may file a petition requesting 16,876
396
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 16,877
is a minor, juvenile court with jurisdiction over the related 16,879
criminal or delinquency case. The petition may be filed at any 16,880
time subsequent to the date on which the notice of suspension is 16,881
served upon the arrested person. The person shall pay the costs 16,882
of the proceeding, notify the registrar of the filing of the 16,883
petition, and send the registrar a copy of the petition. 16,884
In the proceedings, the registrar shall be represented by 16,886
the prosecuting attorney of the county in which the arrest 16,887
occurred if the petition is filed in the juvenile court, county 16,888
court, or common pleas court, except that, if the arrest occurred 16,889
within a city or village within the jurisdiction of the county 16,891
court in which the petition is filed, the city director of law or 16,892
village solicitor of that city or village shall represent the 16,893
registrar. If the petition is filed in the municipal court, the 16,894
registrar shall be represented as provided in section 1901.34 of 16,895
the Revised Code. If the petition is filed in a mayor's court, 16,896
the registrar shall be represented by the city director of law, 16,897
village solicitor, or other chief legal officer of the municipal 16,898
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 16,900
suspension would seriously affect the person's ability to 16,901
continue in the person's employment, may grant the person 16,902
occupational driving privileges during the period of suspension 16,904
imposed pursuant to division (E) of this section, subject to the 16,905
limitations contained in this division and division (I)(2) of 16,906
this section. The court may grant the occupational driving 16,907
privileges, subject to the limitations contained in this division 16,908
and division (I)(2) of this section, regardless of whether the 16,909
person appeals the suspension at the person's initial appearance 16,911
under division (H)(1) of this section or appeals the decision of 16,912
the court made pursuant to the appeal conducted at the initial 16,913
appearance, and, if the person has appealed the suspension or 16,914
397
decision, regardless of whether the matter at issue has been 16,915
heard or decided by the court. The court shall not grant 16,916
occupational driving privileges to any person who, within seven 16,917
years of the filing of the petition, has refused three previous 16,918
requests to consent to a chemical test of the person's blood, 16,920
breath, or urine to determine its alcohol content or has been 16,921
convicted of or pleaded guilty to three or more violations of 16,922
division (A) or (B) of section 4511.19 of the Revised Code, a 16,923
municipal ordinance relating to operating a vehicle while under 16,924
the influence of alcohol, a drug of abuse, or alcohol and a drug 16,925
of abuse, a municipal ordinance relating to operating a vehicle 16,926
with a prohibited concentration of alcohol in the blood, breath, 16,927
or urine, section 2903.04 of the Revised Code in a case in which 16,928
the person was subject to the sanctions described in division (D) 16,929
of that section, or section 2903.06, 2903.07, or 2903.08 of the 16,930
Revised Code or a municipal ordinance that is substantially 16,931
similar to section 2903.07 of the Revised Code in a case in which 16,932
the jury or judge found that the person was under the influence 16,933
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 16,934
statute of the United States or of any other state or a municipal 16,935
ordinance of a municipal corporation located in any other state 16,936
that is substantially similar to division (A) or (B) of section 16,937
4511.19 of the Revised Code, and shall not grant occupational 16,938
driving privileges for employment as a driver of commercial motor 16,939
vehicles to any person who is disqualified from operating a 16,940
commercial motor vehicle under section 2301.374 or 4506.16 of the 16,941
Revised Code.
(2)(a) In granting occupational driving privileges under 16,943
division (I)(1) of this section, the court may impose any 16,944
condition it considers reasonable and necessary to limit the use 16,945
of a vehicle by the person. The court shall deliver to the 16,946
person a permit card, in a form to be prescribed by the court, 16,947
setting forth the time, place, and other conditions limiting the 16,948
defendant's use of a vehicle. The grant of occupational driving 16,949
398
privileges shall be conditioned upon the person's having the 16,950
permit in the person's possession at all times during which the 16,952
person is operating a vehicle. 16,953
A person granted occupational driving privileges who 16,955
operates a vehicle for other than occupational purposes, in 16,956
violation of any condition imposed by the court, or without 16,957
having the permit in the person's possession, is guilty of a 16,958
violation of section 4507.02 of the Revised Code. 16,960
(b) The court may not grant a person occupational driving 16,962
privileges under division (I)(1) of this section when prohibited 16,963
by a limitation contained in that division or during any of the 16,964
following periods of time: 16,965
(i) The first thirty days of suspension imposed upon a 16,967
person who, within five years of the date on which the person 16,968
refused the request to consent to a chemical test of the person's 16,970
blood, breath, or urine to determine its alcohol content and for 16,972
which refusal the suspension was imposed, had not refused a 16,973
previous request to consent to a chemical test of the person's 16,974
blood, breath, or urine to determine its alcohol content; 16,976
(ii) The first ninety days of suspension imposed upon a 16,978
person who, within five years of the date on which the person 16,979
refused the request to consent to a chemical test of the person's 16,981
blood, breath, or urine to determine its alcohol content and for 16,983
which refusal the suspension was imposed, had refused one 16,984
previous request to consent to a chemical test of the person's 16,985
blood, breath, or urine to determine its alcohol content; 16,987
(iii) The first year of suspension imposed upon a person 16,989
who, within five years of the date on which the person refused 16,991
the request to consent to a chemical test of the person's blood, 16,993
breath, or urine to determine its alcohol content and for which 16,994
refusal the suspension was imposed, had refused two previous 16,995
requests to consent to a chemical test of the person's blood, 16,996
breath, or urine to determine its alcohol content; 16,998
(iv) The first three years of suspension imposed upon a 17,000
399
person who, within five years of the date on which the person 17,001
refused the request to consent to a chemical test of the person's 17,003
blood, breath, or urine to determine its alcohol content and for 17,005
which refusal the suspension was imposed, had refused three or 17,006
more previous requests to consent to a chemical test of the 17,007
person's blood, breath, or urine to determine its alcohol 17,009
content.
(3) The court shall give information in writing of any 17,011
action taken under this section to the registrar. 17,012
(4) If a person's driver's or commercial driver's license 17,014
or permit or nonresident operating privilege has been suspended 17,015
pursuant to division (F) of this section, and the person, within 17,016
the preceding seven years, has been convicted of or pleaded 17,017
guilty to three or more violations of division (A) or (B) of 17,018
section 4511.19 of the Revised Code, a municipal ordinance 17,019
relating to operating a vehicle while under the influence of 17,020
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 17,021
municipal ordinance relating to operating a vehicle with a 17,022
prohibited concentration of alcohol in the blood, breath, or 17,023
urine, section 2903.04 of the Revised Code in a case in which the 17,024
person was subject to the sanctions described in division (D) of 17,025
that section, or section 2903.06, 2903.07, or 2903.08 of the 17,026
Revised Code or a municipal ordinance that is substantially 17,027
similar to section 2903.07 of the Revised Code in a case in which 17,028
the jury or judge found that the person was under the influence 17,029
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 17,030
statute of the United States or of any other state or a municipal 17,031
ordinance of a municipal corporation located in any other state 17,033
that is substantially similar to division (A) or (B) of section 17,034
4511.19 of the Revised Code, the person is not entitled to 17,035
request, and the court shall not grant to the person, 17,036
occupational driving privileges under this division. Any other 17,037
person whose driver's or commercial driver's license or 17,038
nonresident operating privilege has been suspended pursuant to 17,039
400
division (F) of this section may file in the court specified in 17,040
division (I)(1) of this section a petition requesting 17,041
occupational driving privileges in accordance with section 17,042
4507.16 of the Revised Code. The petition may be filed at any 17,043
time subsequent to the date on which the arresting officer serves 17,044
the notice of suspension upon the arrested person. Upon the 17,045
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 17,046
The court may grant the occupational driving privileges, subject 17,047
to the limitations contained in section 4507.16 of the Revised 17,048
Code, regardless of whether the person appeals the suspension at 17,049
the person's initial appearance under division (H)(1) of this 17,051
section or appeals the decision of the court made pursuant to the 17,052
appeal conducted at the initial appearance, and, if the person 17,053
has appealed the suspension or decision, regardless of whether 17,054
the matter at issue has been heard or decided by the court. 17,055
(J) When it finally has been determined under the 17,057
procedures of this section that a nonresident's privilege to 17,058
operate a vehicle within this state has been suspended, the 17,059
registrar shall give information in writing of the action taken 17,060
to the motor vehicle administrator of the state of the person's 17,061
residence and of any state in which the person has a license. 17,062
(K) A suspension of the driver's or commercial driver's 17,064
license or permit of a resident, a suspension of the operating 17,065
privilege of a nonresident, or a denial of a driver's or 17,066
commercial driver's license or permit pursuant to division (E) or 17,068
(F) of this section shall be terminated by the registrar upon 17,070
receipt of notice of the person's entering a plea of guilty to, 17,071
or of the person's conviction of, operating a vehicle while under 17,073
the influence of alcohol, a drug of abuse, or alcohol and a drug 17,074
of abuse or with a prohibited concentration of alcohol in the 17,075
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 17,076
incident that led to the suspension or denial. 17,077
401
The registrar shall credit against any judicial suspension 17,079
of a person's driver's or commercial driver's license or permit 17,080
or nonresident operating privilege imposed pursuant to division 17,081
(B) or (E) of section 4507.16 of the Revised Code any time during 17,082
which the person serves a related suspension imposed pursuant to 17,083
division (E) or (F) of this section. 17,084
(L) At the end of a suspension period under this section, 17,086
section 4511.196, or division (B) of section 4507.16 of the 17,087
Revised Code and upon the request of the person whose driver's or 17,088
commercial driver's license or permit was suspended and who is 17,089
not otherwise subject to suspension, revocation, or 17,090
disqualification, the registrar shall return the driver's or 17,091
commercial driver's license or permit to the person upon the 17,092
person's compliance with all of the conditions specified in 17,094
divisions (L)(1) and (2) of this section: 17,095
(1) A showing by the person that the person has proof of 17,097
financial responsibility, a policy of liability insurance in 17,099
effect that meets the minimum standards set forth in section 17,100
4509.51 of the Revised Code, or proof, to the satisfaction of the 17,101
registrar, that the person is able to respond in damages in an 17,102
amount at least equal to the minimum amounts specified in section 17,103
4509.51 of the Revised Code. 17,104
(2) Subject to the limitation contained in division (L)(3) 17,107
of this section, payment by the person of a license reinstatement 17,108
fee of four hundred five dollars to the bureau of motor vehicles, 17,111
which fee shall be deposited in the state treasury and credited 17,112
as follows: 17,113
(a) One hundred twelve dollars and fifty cents shall be 17,116
credited to the drivers' STATEWIDE treatment and intervention 17,117
PREVENTION fund, which is hereby established CREATED BY SECTION 17,118
4301.30 OF THE REVISED CODE. The fund shall be used to pay the 17,119
costs of driver treatment and intervention programs operated 17,120
pursuant to sections 3793.02 and 3793.10 of the Revised Code. 17,121
The director of alcohol and drug addiction services shall 17,122
402
determine the share of the fund that is to be allocated to 17,123
alcohol and drug addiction programs authorized by section 3793.02 17,124
of the Revised Code, and the share of the fund that is to be 17,125
allocated to drivers' intervention programs authorized by section 17,126
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 17,128
reparations fund created by section 2743.191 of the Revised Code. 17,130
(c) Thirty-seven dollars and fifty cents shall be credited 17,133
to the indigent drivers alcohol treatment fund, which is hereby 17,134
established. Except as otherwise provided in division (L)(2)(c) 17,136
of this section, moneys in the fund shall be distributed by the 17,137
department of alcohol and drug addiction services to the county 17,138
indigent drivers alcohol treatment funds, the county juvenile 17,139
indigent drivers alcohol treatment funds, and the municipal 17,140
indigent drivers alcohol treatment funds that are required to be 17,141
established by counties and municipal corporations pursuant to 17,142
division (N) of this section, and shall be used only to pay the 17,143
cost of an alcohol and drug addiction treatment program attended 17,144
by an offender or juvenile traffic offender who is ordered to 17,145
attend an alcohol and drug addiction treatment program by a 17,146
county, juvenile, or municipal court judge and who is determined 17,147
by the county, juvenile, or municipal court judge not to have the 17,148
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 17,149
that division. Moneys in the fund that are not distributed to a 17,151
county indigent drivers alcohol treatment fund, a county juvenile 17,152
indigent drivers alcohol treatment fund, or a municipal indigent 17,153
drivers alcohol treatment fund under division (N) of this section 17,154
because the director of alcohol and drug addiction services does 17,155
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 17,156
arrested may be transferred by the director of budget and 17,157
management to the drivers' STATEWIDE treatment and intervention 17,158
PREVENTION fund, created in division (L)(2)(a) of this BY section 17,159
403
4301.30 OF THE REVISED CODE, upon certification of the amount by 17,160
the director of alcohol and drug addiction services. 17,162
(d) Seventy-five dollars shall be credited to the Ohio 17,164
rehabilitation services commission established by section 3304.12 17,165
of the Revised Code, to the services for rehabilitation fund, 17,166
which is hereby established. The fund shall be used to match 17,167
available federal matching funds where appropriate, and for any 17,168
other purpose or program of the commission to rehabilitate people 17,169
with disabilities to help them become employed and independent. 17,170
(e) Seventy-five dollars shall be deposited into the state 17,173
treasury and credited to the drug abuse resistance education 17,174
programs fund, which is hereby established, to be used by the 17,175
attorney general for the purposes specified in division (L)(4) of 17,177
this section.
(f) Thirty dollars shall be credited to the state bureau 17,179
of motor vehicles fund created by section 4501.25 of the Revised 17,180
Code.
(3) If a person's driver's or commercial driver's license 17,182
or permit is suspended under division (E) or (F) of this section, 17,184
section 4511.196, or division (B) of section 4507.16 of the 17,185
Revised Code, or any combination of the suspensions described in 17,186
division (L)(3) of this section, and if the suspensions arise 17,187
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 17,188
required to pay to the bureau, only one reinstatement fee of four 17,189
hundred five dollars. The reinstatement fee shall be distributed 17,190
by the bureau in accordance with division (L)(2) of this section. 17,191
(4) The attorney general shall use amounts in the drug 17,193
abuse resistance education programs fund to award grants to law 17,194
enforcement agencies to establish and implement drug abuse 17,195
resistance education programs in public schools. Grants awarded 17,196
to a law enforcement agency under division (L)(2)(e) of this 17,197
section shall be used by the agency to pay for not more than 17,198
fifty per cent of the amount of the salaries of law enforcement 17,199
404
officers who conduct drug abuse resistance education programs in 17,200
public schools. The attorney general shall not use more than six 17,201
per cent of the amounts the attorney general's office receives 17,203
under division (L)(2)(e) of this section to pay the costs it 17,204
incurs in administering the grant program established by division 17,205
(L)(2)(e) of this section and in providing training and materials 17,206
relating to drug abuse resistance education programs. 17,207
The attorney general shall report to the governor and the 17,209
general assembly each fiscal year on the progress made in 17,210
establishing and implementing drug abuse resistance education 17,211
programs. These reports shall include an evaluation of the 17,212
effectiveness of these programs. 17,213
(M) Suspension of a commercial driver's license under 17,215
division (E) or (F) of this section shall be concurrent with any 17,216
period of disqualification under section 2301.374 or 4506.16 of 17,217
the Revised Code. No person who is disqualified for life from 17,218
holding a commercial driver's license under section 4506.16 of 17,219
the Revised Code shall be issued a driver's license under Chapter 17,220
4507. of the Revised Code during the period for which the 17,221
commercial driver's license was suspended under division (E) or 17,222
(F) of this section, and no person whose commercial driver's 17,223
license is suspended under division (E) or (F) of this section 17,224
shall be issued a driver's license under that chapter during the 17,225
period of the suspension. 17,226
(N)(1) Each county shall establish an indigent drivers 17,228
alcohol treatment fund, each county shall establish a juvenile 17,229
indigent drivers alcohol treatment fund, and each municipal 17,230
corporation in which there is a municipal court shall establish 17,231
an indigent drivers alcohol treatment fund. All revenue that the 17,232
general assembly appropriates to the indigent drivers alcohol 17,233
treatment fund for transfer to a county indigent drivers alcohol 17,234
treatment fund, a county juvenile indigent drivers alcohol 17,235
treatment fund, or a municipal indigent drivers alcohol treatment 17,236
fund, all portions of fees that are paid under division (L) of 17,237
405
this section and that are credited under that division to the 17,238
indigent drivers alcohol treatment fund in the state treasury for 17,239
a county indigent drivers alcohol treatment fund, a county 17,240
juvenile indigent drivers alcohol treatment fund, or a municipal 17,241
indigent drivers alcohol treatment fund, and all portions of 17,242
fines that are specified for deposit into a county or municipal 17,243
indigent drivers alcohol treatment fund by section 4511.193 of 17,244
the Revised Code shall be deposited into that county indigent 17,245
drivers alcohol treatment fund, county juvenile indigent drivers 17,246
alcohol treatment fund, or municipal indigent drivers alcohol 17,247
treatment fund in accordance with division (N)(2) of this 17,248
section. Additionally, all portions of fines that are paid for a 17,249
violation of section 4511.19 of the Revised Code or division 17,250
(B)(2) of section 4507.02 of the Revised Code, and that are 17,251
required under division (A)(1) or (2) of section 4511.99 or 17,252
division (B)(5) of section 4507.99 of the Revised Code to be 17,253
deposited into a county indigent drivers alcohol treatment fund 17,254
or municipal indigent drivers alcohol treatment fund shall be 17,255
deposited into the appropriate fund in accordance with the 17,256
applicable division. 17,257
(2) That portion of the license reinstatement fee that is 17,259
paid under division (L) of this section and that is credited 17,260
under that division to the indigent drivers alcohol treatment 17,261
fund shall be deposited into a county indigent drivers alcohol 17,262
treatment fund, a county juvenile indigent drivers alcohol 17,263
treatment fund, or a municipal indigent drivers alcohol treatment 17,264
fund as follows: 17,265
(a) If the suspension in question was imposed under this 17,267
section, that portion of the fee shall be deposited as follows: 17,268
(i) If the fee is paid by a person who was charged in a 17,270
county court with the violation that resulted in the suspension, 17,271
the portion shall be deposited into the county indigent drivers 17,272
alcohol treatment fund under the control of that court; 17,273
(ii) If the fee is paid by a person who was charged in a 17,275
406
juvenile court with the violation that resulted in the 17,276
suspension, the portion shall be deposited into the county 17,277
juvenile indigent drivers alcohol treatment fund established in 17,278
the county served by the court; 17,279
(iii) If the fee is paid by a person who was charged in a 17,281
municipal court with the violation that resulted in the 17,282
suspension, the portion shall be deposited into the municipal 17,283
indigent drivers alcohol treatment fund under the control of that 17,284
court. 17,285
(b) If the suspension in question was imposed under 17,287
division (B) of section 4507.16 of the Revised Code, that portion 17,288
of the fee shall be deposited as follows: 17,289
(i) If the fee is paid by a person whose license or permit 17,291
was suspended by a county court, the portion shall be deposited 17,292
into the county indigent drivers alcohol treatment fund under the 17,293
control of that court; 17,294
(ii) If the fee is paid by a person whose license or 17,296
permit was suspended by a municipal court, the portion shall be 17,297
deposited into the municipal indigent drivers alcohol treatment 17,298
fund under the control of that court. 17,299
(3) Expenditures from a county indigent drivers alcohol 17,301
treatment fund, a county juvenile indigent drivers alcohol 17,302
treatment fund, or a municipal indigent drivers alcohol treatment 17,303
fund shall be made only upon the order of a county, juvenile, or 17,304
municipal court judge and only for payment of the cost of the 17,305
attendance at an alcohol and drug addiction treatment program of 17,306
a person who is convicted of, or found to be a juvenile traffic 17,307
offender by reason of, a violation of division (A) of section 17,308
4511.19 of the Revised Code or a substantially similar municipal 17,309
ordinance, who is ordered by the court to attend the alcohol and 17,310
drug addiction treatment program, and who is determined by the 17,311
court to be unable to pay the cost of attendance at the treatment 17,313
program or for payment of the costs specified in division (N)(4) 17,314
of this section in accordance with that division. The alcohol 17,315
407
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 17,317
section 340.02 or 340.021 of the Revised Code and serving the 17,319
alcohol, drug addiction, and mental health service district in 17,320
which the court is located shall administer the indigent drivers 17,321
alcohol treatment program of the court. When a court orders an 17,322
offender or juvenile traffic offender to attend an alcohol and 17,323
drug addiction treatment program, the board shall determine which 17,324
program is suitable to meet the needs of the offender or juvenile 17,325
traffic offender, and when a suitable program is located and 17,326
space is available at the program, the offender or juvenile 17,327
traffic offender shall attend the program designated by the 17,328
board. A reasonable amount not to exceed five per cent of the 17,329
amounts credited to and deposited into the county indigent 17,330
drivers alcohol treatment fund, the county juvenile indigent 17,331
drivers alcohol treatment fund, or the municipal indigent drivers 17,332
alcohol treatment fund serving every court whose program is 17,333
administered by that board shall be paid to the board to cover 17,334
the costs it incurs in administering those indigent drivers 17,335
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 17,337
in consultation with the alcohol and drug addiction services 17,338
board or the board of alcohol, drug addiction, and mental health 17,339
services established pursuant to section 340.02 or 340.021 of the 17,340
Revised Code and serving the alcohol, drug addiction, and mental 17,342
health district in which the court is located, that the funds in 17,343
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 17,344
municipal indigent drivers alcohol treatment fund under the 17,345
control of the court are more than sufficient to satisfy the 17,346
purpose for which the fund was established, as specified in 17,347
divisions (N)(1) to (3) of this section, the court may declare a 17,348
surplus in the fund. If the court declares a surplus in the 17,349
fund, the court may expend the amount of the surplus in the fund
408
for alcohol and drug abuse assessment and treatment of persons 17,350
who are charged in the court with committing a criminal offense 17,351
or with being a delinquent child or juvenile traffic offender and 17,352
in relation to whom both of the following apply: 17,353
(a) The court determines that substance abuse was a 17,355
contributing factor leading to the criminal or delinquent 17,356
activity or the juvenile traffic offense with which the person is 17,357
charged.
(b) The court determines that the person is unable to pay 17,360
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 17,361
Sec. 4511.83. (A) As used in this section: 17,370
(1) "Ignition interlock device" means a device that 17,372
connects a breath analyzer to a motor vehicle's ignition system, 17,373
that is constantly available to monitor the concentration by 17,374
weight of alcohol in the breath of any person attempting to start 17,375
that motor vehicle by using its ignition system, and that deters 17,376
starting the motor vehicle by use of its ignition system unless 17,377
the person attempting to so start the vehicle provides an 17,378
appropriate breath sample for the device and the device 17,379
determines that the concentration by weight of alcohol in the 17,380
person's breath is below a preset level. 17,381
(2) "Offender with restricted driving privileges" means an 17,383
offender who is subject to an order that was issued under 17,384
division (F) of section 4507.16 of the Revised Code as a 17,385
condition of the granting of occupational driving privileges or 17,386
an offender whose driving privilege is restricted as a condition 17,387
of probation pursuant to division (G) of section 2951.02 of the 17,389
Revised Code. 17,390
(B)(1) Except in cases of a substantial emergency when no 17,392
other person is reasonably available to drive in response to the 17,393
emergency, no person shall knowingly rent, lease, or lend a motor 17,394
vehicle to any offender with restricted driving privileges, 17,395
unless the vehicle is equipped with a functioning ignition 17,396
409
interlock device that is certified pursuant to division (D) of 17,397
this section. 17,398
(2) Any offender with restricted driving privileges who 17,400
rents, leases, or borrows a motor vehicle from another person 17,401
shall notify the person who rents, leases, or lends the motor 17,402
vehicle to the offender that the offender has restricted driving 17,404
privileges and of the nature of the restriction. 17,405
(3) Any offender with restricted driving privileges who is 17,407
required to operate a motor vehicle owned by the offender's 17,408
employer in the course and scope of the offender's employment may 17,410
operate that vehicle without the installation of an ignition 17,412
interlock device, provided that the employer has been notified 17,413
that the offender has restricted driving privileges and of the 17,414
nature of the restriction and provided further that the offender 17,415
has proof of the employer's notification in the offender's 17,416
possession while operating the employer's vehicle for normal 17,418
business duties. A motor vehicle owned by a business that is 17,419
partly or entirely owned or controlled by an offender with 17,420
restricted driving privileges is not a motor vehicle owned by an 17,421
employer, for purposes of this division. 17,422
(C) If a court, pursuant to division (F) of section 17,424
4507.16 of the Revised Code, imposes the use of an ignition 17,425
interlock device as a condition of the granting of occupational 17,426
driving privileges, the court shall require the offender to 17,427
provide proof of compliance to the court at least once quarterly 17,428
or more frequently as ordered by the court in its discretion. If 17,429
a court imposes the use of an ignition interlock device as a 17,430
condition of probation under division (I) of section 2951.02 of 17,431
the Revised Code, the court shall require the offender to provide 17,432
proof of compliance to the court or probation officer prior to 17,433
issuing any driving privilege or continuing the probation status. 17,434
In either case in which a court imposes the use of such a device, 17,435
the offender, at least once quarterly or more frequently as 17,436
ordered by the court in its discretion, shall have the device 17,437
410
inspected as ordered by the court for accurate operation and 17,438
shall provide the results of the inspection to the court or, if 17,439
applicable, to the offender's probation officer. 17,440
(D)(1) The director of public safety, upon consultation 17,442
with the director of health and in accordance with Chapter 119. 17,443
of the Revised Code, shall certify ignition interlock devices and 17,444
shall publish and make available to the courts, without charge, a 17,445
list of approved devices together with information about the 17,446
manufacturers of the devices and where they may be obtained. The 17,447
cost of obtaining the certification of an ignition interlock 17,448
device shall be paid by the manufacturer of the device to the 17,449
director of public safety and shall be deposited in the drivers' 17,450
STATEWIDE treatment and intervention PREVENTION fund established 17,452
by section 4511.191 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with 17,454
Chapter 119. of the Revised Code, shall adopt and publish rules 17,455
setting forth the requirements for obtaining the certification of 17,456
an ignition interlock device. No ignition interlock device shall 17,457
be certified by the director of public safety pursuant to 17,458
division (D)(1) of this section unless it meets the requirements 17,459
specified and published by the director in the rules adopted 17,460
pursuant to this division. The requirements shall include 17,461
provisions for setting a minimum and maximum calibration range 17,462
and shall include, but shall not be limited to, specifications 17,463
that the device complies with all of the following: 17,464
(a) It does not impede the safe operation of the vehicle. 17,466
(b) It has features that make circumvention difficult and 17,468
that do not interfere with the normal use of the vehicle. 17,469
(c) It correlates well with established measures of 17,471
alcohol impairment. 17,472
(d) It works accurately and reliably in an unsupervised 17,474
environment. 17,475
(e) It is resistant to tampering and shows evidence of 17,477
tampering if tampering is attempted. 17,478
411
(f) It is difficult to circumvent and requires 17,480
premeditation to do so. 17,481
(g) It minimizes inconvenience to a sober user. 17,483
(h) It requires a proper, deep-lung breath sample or other 17,485
accurate measure of the concentration by weight of alcohol in the 17,486
breath. 17,487
(i) It operates reliably over the range of automobile 17,489
environments. 17,490
(j) It is made by a manufacturer who is covered by product 17,492
liability insurance. 17,493
(3) The director of public safety may adopt, in whole or 17,495
in part, the guidelines, rules, regulations, studies, or 17,496
independent laboratory tests performed and relied upon by other 17,497
states, or their agencies or commissions, in the certification or 17,498
approval of ignition interlock devices. 17,499
(4) The director of public safety shall adopt rules in 17,501
accordance with Chapter 119. of the Revised Code for the design 17,502
of a warning label that shall be affixed to each ignition 17,503
interlock device upon installation. The label shall contain a 17,504
warning that any person tampering, circumventing, or otherwise 17,505
misusing the device is subject to a fine, imprisonment, or both 17,506
and may be subject to civil liability. 17,507
(E)(1) No offender with restricted driving privileges, 17,509
during any period that the offender is required to operate only a 17,511
motor vehicle equipped with an ignition interlock device, shall 17,512
request or permit any other person to breathe into the device or 17,513
start a motor vehicle equipped with the device, for the purpose 17,514
of providing the offender with an operable motor vehicle. 17,515
(2)(a) Except as provided in division (E)(2)(b) of this 17,517
section, no person shall breathe into an ignition interlock 17,518
device or start a motor vehicle equipped with an ignition 17,519
interlock device for the purpose of providing an operable motor 17,520
vehicle to an offender with restricted driving privileges. 17,521
(b) Division (E)(2)(a) of this section does not apply to 17,523
412
an offender with restricted driving privileges who breathes into 17,524
an ignition interlock device or starts a motor vehicle equipped 17,525
with an ignition interlock device for the purpose of providing 17,526
himself or herself THE OFFENDER with an operable motor vehicle. 17,527
(3) No unauthorized person shall tamper with or circumvent 17,529
the operation of an ignition interlock device. 17,530
Sec. 4703.36. (A) The state board of landscape architect 17,539
examiners shall register as a landscape architect each applicant 17,540
who demonstrates to the satisfaction of the board that the 17,541
applicant has met all requirements of section 4703.34 of the 17,542
Revised Code, or in lieu thereof, has complied with the 17,543
provisions of section 4703.341 or 4703.35 of the Revised Code. 17,544
The certificate issued to each individual shall be prima-facie 17,545
evidence of the right of the individual to whom it is issued to 17,546
represent himself or herself SELF as a landscape architect and to 17,548
enter the practice of landscape architecture, subject to sections 17,549
4703.30 to 4703.49 of the Revised Code. 17,550
(B) Each certificate of qualification issued and 17,552
registered shall authorize the holder to practice landscape 17,553
architecture as a landscape architect in this state from the date 17,554
of issuance until the last day of October next succeeding the 17,555
date upon which the certificate was issued OF EACH ODD-NUMBERED 17,556
CALENDAR YEAR, unless revoked or suspended for cause as provided 17,558
in section 4703.42 of the Revised Code THIS CHAPTER or suspended 17,559
pursuant to section 2301.373 of the Revised Code. LICENSE 17,560
RENEWAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE STANDARD 17,561
LICENSE RENEWAL PROCEDURE IN CHAPTER 4745. OF THE REVISED CODE.
EACH RENEWAL SHALL BE RECORDED IN THE OFFICIAL REGISTER OF THE 17,562
BOARD.
(C) Each person registered by the board shall secure a 17,564
seal of the design prescribed by the board. All plans, 17,565
specifications, drawings, and other documents prepared by, or 17,566
under the direct supervision of, the landscape architect shall be 17,567
imprinted with such seal, in accordance with the requirements of 17,568
413
the board. 17,569
(D) Each certificate of authorization issued under 17,571
division (F) of section 4703.331 of the Revised Code shall 17,572
authorize the holder to provide landscape architectural services, 17,573
through the landscape architect designated as being in 17,574
responsible charge of the landscape architectural activities and 17,575
decisions, from the date of issuance until the last day of June 17,576
next succeeding the date upon which the certificate was issued 17,577
unless the certificate has been suspended or revoked for cause as 17,578
provided in section 4703.42 of the Revised Code. 17,579
Sec. 4703.37. (A) The state board of landscape architect 17,588
examiners shall establish an application fee for taking or 17,589
retaking the examination described in division (C) of section 17,590
4703.34 of the Revised Code at an amount adequate to cover all 17,591
rentals, compensation for proctors, and other expenses of the 17,592
board related to the examination except the expenses of procuring 17,593
and grading the examination OBTAINING REGISTRATION UNDER SECTION 17,594
4703.34 OF THE REVISED CODE AND A FEE FOR OBTAINING REGISTRATION 17,597
UNDER SECTION 4703.35 OF THE REVISED CODE. 17,598
(B) The board shall establish an examination fee for 17,599
taking the examination described in division (C) of section 17,600
4703.34 of the Revised Code at an amount adequate to cover the 17,601
expenses of procuring and grading the examination THE FEE TO 17,603
RESTORE AN EXPIRED CERTIFICATE OF QUALIFICATION IS THE RENEWAL 17,604
FEE FOR THE CURRENT CERTIFICATION PERIOD, PLUS THE RENEWAL FEE
FOR EACH PREVIOUS RENEWAL PERIOD IN WHICH THE CERTIFICATE WAS NOT 17,606
RENEWED, PLUS A PENALTY OF TWENTY-FIVE PER CENT OF THE TOTAL 17,607
RENEWAL FEES FOR EACH RENEWAL PERIOD OR PART THEREOF IN WHICH THE 17,608
CERTIFICATE WAS NOT RENEWED, ON THE CONDITION THAT THE MAXIMUM 17,609
FEE SHALL NOT EXCEED AN AMOUNT ESTABLISHED BY THE BOARD.
(C) The board ALSO shall establish reexamination THE 17,611
FOLLOWING fees for: 17,612
(1) THE FEE FOR TAKING OR retaking parts of the 17,615
examination described in division (C) of section 4703.34 of the 17,616
414
Revised Code at amounts AN AMOUNT adequate to cover the expenses 17,618
of procuring and grading such parts THE EXAMINATION PLUS A FEE 17,619
FOR RETAKING ALL OR PARTS OF THE REQUIRED EXAMINATION. 17,620
(D) The board shall establish the (2) THE fee to be paid 17,623
by an applicant for a certificate of qualification or duplicate 17,624
thereof, as issued to a landscape architect registered under 17,625
sections 4703.33 to 4703.38 of the Revised Code. 17,626
(E) The board shall establish the fee to be paid by an 17,628
applicant for registration under section 4703.35 of the Revised 17,629
Code. 17,630
(F) The board shall establish a (3) THE FEE FOR THE 17,633
BIENNIAL RENEWAL OF THE CERTIFICATE OF QUALIFICATION AND THE FEE 17,634
FOR A DUPLICATE RENEWAL CARD.
(4) THE fee to be charged an examinee for administering an 17,637
examination to him THE EXAMINEE on behalf of another 17,639
jurisdiction.
(G) The board shall establish the (5) THE fee for a 17,642
certificate of authorization issued under division (F) of section 17,643
4703.331 of the Revised Code and, the fee for annual renewal of a 17,644
certificate of authorization. The board shall establish, AND the 17,646
fee for a duplicate certificate of authorization. 17,648
(H) The board shall establish the fee for the annual 17,650
renewal of the certificate of qualification and the fee for a 17,651
duplicate renewal card. 17,652
(I) The fee to restore an expired certificate of 17,654
qualification shall be the renewal fee for the current year, plus 17,655
the renewal fee for each year in which the certificate was not 17,656
renewed, plus a penalty of ten per cent for each delinquent year 17,657
or part thereof; provided, however, the maximum fee shall not 17,658
exceed the combined fees and penalties for the current year and 17,659
the four previous years. 17,660
Sec. 4713.10. The state board of cosmetology shall charge 17,669
and collect the following fees: 17,670
(A) For application to take the examination for a license 17,672
415
to practice cosmetology, or any branch thereof, twenty-one 17,673
dollars; 17,674
(B) For the re-examination of any applicant who has 17,676
previously failed to pass the examination, fourteen dollars; 17,677
(C) For the issuance or renewal of a cosmetology, 17,679
manicurist, or esthetics instructor's license, twenty-five THIRTY 17,681
dollars; 17,682
(D) For the issuance or renewal of a managing 17,684
cosmetologist's, managing manicurist's, or managing esthetician's 17,685
license, twenty THIRTY dollars; 17,686
(E) For the issuance or renewal of a cosmetology school 17,688
license, two hundred fifty dollars; 17,689
(F) For the inspection and issuance of a new beauty salon, 17,691
nail salon, or esthetics salon or the change of name or ownership 17,692
of a beauty salon, nail salon, or esthetics salon license, fifty 17,693
SIXTY dollars; 17,695
(G) For the renewal of a beauty salon, nail salon, or 17,697
esthetics salon license, forty FIFTY dollars; 17,698
(H) For the issuance or renewal of a cosmetologist's, 17,700
manicurist's, or esthetician's license, twenty THIRTY dollars; 17,701
(I) For the restoration of any lapsed license which may be 17,703
restored pursuant to section 4713.11 of the Revised Code, and in 17,704
addition to the payments required by that section, twenty THIRTY 17,705
dollars; 17,706
(J) For the issuance of a license under section 4713.09 of 17,708
the Revised Code, fifty SIXTY dollars; 17,709
(K) For the issuance of a duplicate of any license, ten 17,711
FIFTEEN dollars; 17,712
(L) For the preparation and mailing of a licensee's 17,714
records to another state for a reciprocity license, fifty 17,715
dollars; 17,716
(M) For the processing of any fees related to a check from 17,718
a licensee returned to the board for insufficient funds, an 17,719
additional twenty dollars.
416
Each applicant shall, in addition to the fees specified, 17,721
furnish his THE APPLICANT'S own models. 17,722
Sec. 4713.17. The state board of cosmetology, pursuant to 17,731
an adjudicatory hearing under (A) IN ACCORDANCE WITH Chapter 17,733
119. of the Revised Code, THE STATE BOARD OF COSMETOLOGY may 17,734
impose one or more of the following sanctions: deny, revoke, or 17,735
suspend a license or permit issued by the board or impose a fine 17,736
of not more than one hundred dollars per violation. The
sanctions may be imposed for any of the following: 17,737
(A)(1) Failure of a person operating a nail salon, beauty 17,739
salon, esthetics salon, tanning facility, or school of 17,740
cosmetology to comply with the requirements of sections 4713.01 17,741
to 4713.25 of the Revised Code; 17,742
(B)(2) Failure to comply with the sanitary rules adopted 17,744
by the board or by the department of health for the regulation of 17,745
nail salons, beauty salons, esthetics salons, schools of 17,746
cosmetology, or the practice of cosmetology; 17,747
(C)(3) Failure of a person operating a beauty salon or 17,749
nail salon where massage services are provided under section 17,750
4713.14 of the Revised Code to ensure that the person providing 17,751
the massage services complies with the sanitary rules adopted by 17,752
the board or by the department of health for the regulation of 17,753
salons; 17,754
(D)(4) Continued practice by a person knowingly having an 17,756
infectious or contagious disease; 17,757
(E)(5) Habitual drunkenness or addiction to any 17,759
habit-forming drug; 17,760
(F)(6) Willful false and fraudulent or deceptive 17,762
advertising;
(G)(7) Falsification of any record or application required 17,764
to be filed with the board; 17,765
(8) FAILURE TO PAY A FINE OR ABIDE BY A SUSPENSION ORDER 17,767
ISSUED BY THE BOARD. 17,768
A person who is alleged to have violated a provision of 17,770
417
this chapter for which the board proposes to impose a fine may 17,771
pay the board the amount of the fine and waive his right to an 17,773
adjudicatory hearing under Chapter 119. of the Revised Code.
(B) IF A PERSON FAILS TO REQUEST A HEARING WITHIN THIRTY 17,775
DAYS OF THE DATE THE BOARD, IN ACCORDANCE WITH SECTION 119.07 OF 17,776
THE REVISED CODE, NOTIFIES THE PERSON OF THE BOARD'S INTENT TO 17,778
ACT AGAINST THE PERSON UNDER DIVISION (A) OF THIS SECTION, THE 17,779
BOARD BY A MAJORITY VOTE OF A QUORUM OF THE BOARD MEMBERS MAY 17,780
TAKE THE ACTION AGAINST THE PERSON WITHOUT HOLDING AN
ADJUDICATION HEARING. 17,781
Sec. 4717.03. (A) Members of the board of embalmers and 17,791
funeral directors shall annually in July, or within thirty days 17,792
after the senate's confirmation of the new members appointed in 17,793
that year, meet and organize by selecting from among its members 17,794
a president, vice-president, and secretary-treasurer. The board 17,795
may hold other meetings as it determines necessary. A quorum of 17,796
the board consists of four members, of whom at least three shall 17,797
be members who are embalmers and funeral directors. The 17,798
concurrence of at least four members is necessary for the board 17,799
to take any action. The president and secretary-treasurer shall 17,800
sign all licenses issued under this chapter and affix the board's 17,801
seal to each license. 17,802
(B) The board may appoint an individual who is not a 17,805
member of the board to serve as executive director of the board. 17,806
The executive director serves at the pleasure of the board and 17,807
shall do all of the following:
(1) Serve as the board's chief administrative officer; 17,809
(2) Act as custodian of the board's records; 17,811
(3) Execute all of the board's orders. 17,813
In executing the board's orders, the executive director may 17,816
enter the premises, establishment, office, or place of business 17,817
of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and 17,818
execute any process issued by any court under this chapter. 17,819
418
(C) The board may employ clerical or technical staff who 17,822
are not members of the board and who serve at the pleasure of the 17,823
board to provide any clerical or technical assistance the board 17,824
considers necessary. The board may employ necessary inspectors, 17,825
who shall be licensed embalmers and funeral directors. Any 17,826
inspector employed by the board may enter the premises, 17,827
establishment, office, or place of business of any embalmer, 17,828
funeral director, or operator of a crematory facility in this
state, for the purposes of inspecting the facility and premises; 17,829
the license and registration of embalmers and funeral directors 17,830
operating in the facility; and the license of the funeral home, 17,832
embalming facility, or crematory. The inspector shall serve and 17,833
execute any process issued by any court under this chapter, serve 17,834
and execute any papers or process issued by the board or any 17,835
officer or member of the board, and perform any other duties 17,836
delegated by the board.
(D) The president of the board shall designate three of 17,839
its members to serve on the crematory review board, which is 17,840
hereby created, for such time as the president finds appropriate
to carry out the provisions of this chapter. Those members of 17,841
the crematory review board designated by the president to serve 17,842
and three members designated by the cemetery dispute resolution 17,844
commission shall designate, by a majority vote, one person who is 17,845
experienced in the operation of a crematory facility and who is
not affiliated with a cemetery or a funeral home to serve on the 17,846
crematory review board for such time as the crematory review 17,847
board finds appropriate. Members serving on the crematory review 17,848
board shall not receive any additional compensation for serving 17,849
on the board, but may be reimbursed for their actual and 17,850
necessary expenses incurred in the performance of official duties
as members of the board. Members of the crematory review board 17,851
shall designate one from among its members to serve as a 17,852
chairperson for such time as the board finds appropriate. Costs 17,853
associated with conducting an adjudicatory hearing in accordance 17,854
419
with division (E) of this section shall be paid from funds 17,855
available to the board of embalmers and funeral directors. 17,856
(E) Upon receiving written notice from the board of 17,859
embalmers and funeral directors of any of the following, the 17,860
crematory review board shall conduct an adjudicatory hearing on 17,861
the matter in accordance with Chapter 119. of the Revised Code, 17,862
except as otherwise provided in this section or division (C) of 17,864
section 4717.14 of the Revised Code: 17,865
(1) Notice provided under division (H) of this section of 17,867
an alleged violation of any provision of this chapter or any 17,868
rules adopted under this chapter, or section 1107.33 1111.19 of 17,870
the Revised Code, governing or in connection with crematory 17,874
facilities or cremation;
(2) Notice provided under division (B) of section 4717.14 17,877
of the Revised Code that the board of embalmers and funeral 17,878
directors proposes to refuse to grant or renew, or to suspend or 17,880
revoke, a license to operate a crematory facility; 17,881
(3) Notice provided under division (C) of section 4717.14 17,883
of the Revised Code that the board of embalmers and funeral 17,884
directors has issued an order summarily suspending a license to 17,885
operate a crematory facility; 17,886
(4) Notice provided under division (B) of section 4717.15 17,888
of the Revised Code that the board of embalmers and funeral 17,889
directors proposes to issue a notice of violation and order 17,890
requiring payment of a forfeiture for any violation described in 17,891
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised Code 17,894
alleged in connection with a crematory facility or cremation. 17,895
Nothing in division (E) of this section precludes the 17,897
crematory review board from appointing an independent examiner in 17,898
accordance with section 119.09 of the Revised Code to conduct any 17,899
adjudication hearing required under division (E) of this section. 17,900
The crematory review board shall submit a written report of 17,903
findings and advisory recommendations, and a written transcript 17,904
of its proceedings, to the board of embalmers and funeral 17,905
420
directors. The board of embalmers and funeral directors shall 17,906
serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to the 17,908
adjudication or the party's attorney, by certified mail, within 17,909
five days after receiving the report and advisory
recommendations. A party may file objections to the written 17,910
report with the board of embalmers and funeral directors within 17,911
ten days after receiving the report. No written report is final 17,913
or appealable until it is issued as a final order by the board of 17,914
embalmers and funeral directors and entered on the record of the 17,915
proceedings. The board of embalmers and funeral directors shall 17,916
consider objections filed by the party prior to issuing a final 17,917
order. After reviewing the findings and advisory recommendations 17,918
of the crematory review board, the written transcript of the 17,919
crematory review board's proceedings, and any objections filed by 17,920
a party, the board of embalmers and funeral directors shall issue 17,921
a final order in the matter. Any party may appeal the final 17,922
order issued by the board of embalmers and funeral directors in a 17,923
matter described in divisions (E)(1) to (4) of this section in 17,925
accordance with section 119.12 of the Revised Code, except that 17,926
the appeal may be made to the court of common pleas in the county 17,927
in which is located the crematory facility to which the final 17,928
order pertains, or in the county in which the party resides. 17,929
(F) On its own initiative or on receiving a written 17,932
complaint from any person whose identity is made known to the 17,933
board of embalmers and funeral directors, the board shall
investigate the acts or practices of any person holding or 17,935
claiming to hold a license or registration under this chapter 17,936
that, if proven to have occurred, would violate this chapter or 17,937
any rules adopted under it, or section 1107.33 1111.19 of the 17,938
Revised Code. The board may compel witnesses by subpoena to 17,940
appear and testify in relation to investigations conducted under 17,941
this chapter and may require by subpoena duces tecum the 17,942
production of any book, paper, or document pertaining to an 17,943
421
investigation. If a person does not comply with a subpoena or 17,944
subpoena duces tecum, the board may apply to the court of common 17,945
pleas of any county in this state for an order compelling the 17,946
person to comply with the subpoena or subpoena duces tecum, or 17,947
for failure to do so, to be held in contempt of court. 17,948
(G) If, as a result of its investigation conducted under 17,950
division (F) of this section, the board of embalmers and funeral 17,951
directors has reasonable cause to believe that the person 17,952
investigated is violating any provision of this chapter or any 17,953
rules adopted under this chapter, or section 1107.33 1111.19 of 17,955
the Revised Code, governing or in connection with embalming, 17,957
funeral directing, funeral homes, embalming facilities, or the 17,958
operation of funeral homes or embalming facilities, it may, after 17,959
providing the opportunity for an adjudicatory hearing, issue an
order directing the person to cease the acts or practices that 17,961
constitute the violation. The board shall conduct the 17,962
adjudicatory hearing in accordance with Chapter 119. of the 17,963
Revised Code except that, notwithstanding the provisions of that 17,964
chapter, the following shall apply: 17,965
(1) The board shall send the notice informing the person 17,968
of the person's right to a hearing by certified mail.
(2) The person is entitled to a hearing only if the person 17,970
requests a hearing and if the board receives the request within 17,971
thirty days after the mailing of the notice described in division 17,973
(G)(1) of this section.
(3) A stenographic record shall be taken, in the manner 17,975
prescribed in section 119.09 of the Revised Code, at every 17,977
adjudicatory hearing held under this section, regardless of 17,978
whether the record may be the basis of an appeal to a court.
(H) If, as a result of its investigation conducted under 17,981
division (F) of this section, the board of embalmers and funeral 17,982
directors has reasonable cause to believe that the person 17,983
investigated is violating any provision of this chapter or any 17,984
rules adopted under this chapter, or section 1107.33 1111.19 of 17,985
422
the Revised Code, governing or in connection with crematory 17,987
facilities or cremation, the board shall send written notice of 17,988
the alleged violation to the crematory review board. If, after 17,989
the conclusion of the adjudicatory hearing in the matter 17,990
conducted under division (E) of this section, the board of 17,992
embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted 17,993
under this chapter, or section 1107.33 1111.19 of the Revised 17,995
Code, governing or in connection with crematory facilities or 17,996
cremation, the board may issue a final order under that division 17,997
directing the person to cease the acts or practices that 17,998
constitute the violation. 17,999
(I) The board of embalmers and funeral directors may bring 18,001
a civil action to enjoin any violation or threatened violation of 18,002
section 1107.33 1111.19; sections 4717.01 to 4717.15 of the 18,003
Revised Code or a rule adopted under any of those sections; 18,005
division (A) or (B) of section 4717.23; division (B)(1) or (2), 18,007
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to 18,008
(K) of section 4717.26; division (D)(1) of section 4717.27; or 18,009
divisions (A) to (C) of section 4717.28 of the Revised Code. The 18,011
action shall be brought in the county where the violation 18,012
occurred or the threatened violation is expected to occur. At 18,013
the request of the board, the attorney general shall represent 18,014
the board in any matter arising under this chapter. 18,015
(J) The board of embalmers and funeral directors and the 18,017
crematory review board may issue subpoenas for funeral directors 18,019
and embalmers or persons holding themselves out as such, for 18,020
operators of crematory facilities or persons holding themselves
out as such, or for any other person whose testimony, in the 18,021
opinion of either board, is necessary. The subpoena shall 18,022
require the person to appear before the appropriate board or any 18,023
designated member of either board, upon any hearing conducted 18,024
under this chapter. The penalty for disobedience to the command 18,025
of such a subpoena is the same as for refusal to answer such a 18,026
423
process issued under authority of the court of common pleas. 18,027
(K) All moneys received by the board of embalmers and 18,029
funeral directors from any source shall be deposited in the state 18,030
treasury to the credit of the occupational licensing and 18,031
regulatory fund created in section 4743.05 of the Revised Code. 18,032
(L) The board of embalmers and funeral directors shall 18,034
submit a written report to the governor on or before the first 18,035
Monday of July of each year. This report shall contain a 18,036
detailed statement of the nature and amount of the board's 18,037
receipts and the amount and manner of its expenditures. 18,038
Sec. 4717.05. (A) Any person who desires to be licensed 18,048
as an embalmer shall apply to the board of embalmers and funeral 18,049
directors on a form provided by the board. The applicant shall 18,050
include with the application an initial license fee as set forth 18,051
in section 4717.07 of the Revised Code and evidence, verified by 18,052
oath and satisfactory to the board, that the applicant meets all 18,053
of the following requirements:
(1) The applicant is at least eighteen years of age and of 18,055
good moral character. 18,056
(2) If the applicant has pleaded guilty to, has been found 18,058
by a judge or jury to be guilty of, or has had a judicial finding 18,059
of eligibility for treatment in lieu of conviction entered 18,060
against the applicant in this state for aggravated murder, 18,061
murder, voluntary manslaughter, felonious assault, kidnapping, 18,062
rape, sexual battery, gross sexual imposition, aggravated arson, 18,063
aggravated robbery, or aggravated burglary, or has pleaded guilty 18,064
to, has been found by a judge or jury to be guilty of, or has had 18,066
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction 18,067
for a substantially equivalent offense, at least five years has 18,068
elapsed since the applicant was released from incarceration, 18,069
probation, parole, or treatment in connection with the offense. 18,070
(3) The applicant holds at least a bachelor's degree or 18,072
its equivalent from a college or university authorized to confer 18,073
424
degrees by the Ohio board of regents or the comparable legal 18,075
agency of another state in which the college or university is 18,076
located and submits an official transcript from that college or
university with the application. 18,077
(4) The applicant has satisfactorily completed at least 18,080
twelve months of instruction in a prescribed course in mortuary 18,081
science as approved by the board, and has presented to the board 18,082
a certificate showing successful completion of the course. The 18,083
course of mortuary science college training may be completed
either before or after the completion of the educational standard 18,084
set forth in division (A)(3) of this section. 18,085
(5) The applicant has registered with the board prior to 18,087
beginning an embalmer apprenticeship. 18,088
(6) The applicant has satisfactorily completed at least 18,090
one year of apprenticeship under an embalmer licensed in this 18,091
state and has assisted that person in embalming at least 18,092
twenty-five dead human bodies. 18,093
(7) The applicant, upon meeting the educational standards 18,096
provided for in divisions (A)(3) and (4) of this section and 18,097
completing the apprenticeship required in division (A)(6) of this 18,098
section, has completed the examination for an embalmer's license 18,099
required by the board.
(B) Upon receiving satisfactory evidence verified by oath 18,102
that the applicant meets all the requirements of division (A) of 18,103
this section, the board shall issue the applicant an embalmer's 18,104
license.
(C) Any person who desires to be licensed as a funeral 18,107
director shall apply to the board on a form provided by the 18,108
board. The application shall include an initial license fee as 18,109
set forth in section 4717.07 of the Revised Code and evidence, 18,110
verified by oath and satisfactory to the board, that the 18,111
applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this 18,114
section, the applicant has satisfactorily met all the
425
requirements for an embalmer's license as described in divisions 18,115
(A)(1) to (4) of this section. 18,116
(2) The applicant has registered with the board prior to 18,118
beginning a funeral director apprenticeship. 18,119
(3) The applicant, following mortuary science college 18,121
training described in division (A)(4) of this section, has served 18,122
a one-year apprenticeship under a licensed funeral director in 18,123
this state and has assisted that person in directing at least 18,124
twenty-five funerals. 18,125
(4) The applicant has satisfactorily completed the 18,127
examination for a funeral director's license as required by the 18,128
board.
(D) In lieu of mortuary science college training required 18,131
for a funeral director's license under division (C)(1) of this 18,132
section, the applicant may substitute a two-year apprenticeship 18,133
under a licensed funeral director in this state assisting that 18,134
person in directing at least fifty funerals. 18,135
(E) Upon receiving satisfactory evidence that the 18,138
applicant meets all the requirements of division (C) of this 18,139
section, the board shall issue TO the applicant a funeral
director's license. 18,140
Sec. 4717.07. (A) The board of embalmers and funeral 18,150
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral 18,152
director's license, five dollars; 18,153
(2) For the issuance of an embalmer or funeral director 18,155
registration, twenty-five dollars; 18,156
(3) For filing an embalmer or funeral director certificate 18,158
of apprenticeship, ten dollars; 18,159
(4) For the application to take the examination for a 18,161
license to practice as an embalmer or funeral director, or to 18,162
retake a section of the examination, thirty-five dollars; 18,163
(5) For the renewal of an embalmer's or funeral director's 18,166
license, thirty FIFTY dollars;
426
(6) For the issuance and renewal of a license to operate a 18,169
funeral home, one hundred twenty-five dollars;
(7) For the reinstatement of a lapsed embalmer's or 18,171
funeral director's license, the renewal fee prescribed in 18,172
division (A)(5) of this section plus fifty dollars for each month 18,173
or portion of a month the license is lapsed until reinstatement; 18,174
(8) For the reinstatement of a lapsed license to operate a 18,177
funeral home, the renewal fee prescribed in division (A)(6) of 18,178
this section plus fifty dollars for each month or portion of a
month the license is lapsed until reinstatement; 18,179
(9) For the issuance and renewal of a license to operate 18,182
an embalming facility, one hundred dollars;
(10) For the reinstatement of a lapsed license to operate 18,185
an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or 18,186
portion of a month the license is lapsed until reinstatement; 18,187
(11) For the issuance and renewal of a license to operate 18,190
a crematory facility, one hundred dollars;
(12) For the reinstatement of a lapsed license to operate 18,193
a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or 18,194
portion of a month the license is lapsed until reinstatement; 18,195
(13) For the issuance of a duplicate of a license issued 18,197
under this chapter, four dollars. 18,198
(B) In addition to the fees set forth in division (A) of 18,201
this section, an applicant shall pay the examination fee assessed 18,202
by any examining agency the board uses for any section of an 18,203
examination required under this chapter.
(C) Subject to the approval of the controlling board, the 18,206
board of embalmers and funeral directors may establish fees in 18,207
excess of the amounts set forth in this section, provided that 18,208
these fees do not exceed the amounts set forth in this section by 18,209
more than fifty per cent.
Sec. 4717.13. (A) No person shall do any of the 18,219
427
following:
(1) Engage in the business or profession of funeral 18,221
directing unless the person is licensed as a funeral director 18,222
under this chapter, is certified as an apprentice funeral 18,223
director in accordance with rules adopted under section 4717.04 18,224
of the Revised Code and is assisting a funeral director licensed 18,226
under this chapter, or is a student in a college of mortuary
sciences approved by the board and is under the direct 18,227
supervision of a funeral director licensed by the board; 18,228
(2) Engage in embalming unless the person is licensed as 18,230
an embalmer under this chapter, is certified as an apprentice 18,231
embalmer in accordance with rules adopted under section 4717.04 18,232
of the Revised Code and is assisting an embalmer licensed under 18,233
this chapter, or is a student in a college of mortuary science 18,235
approved by the board and is under the direct supervision of an 18,236
embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the 18,239
impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this 18,240
chapter and is employed by or under contract to a licensed 18,241
funeral home and performs funeral directing services for that 18,242
funeral home in a manner consistent with the advertisement, 18,243
offering, or conveyance; 18,244
(4) Advertise or otherwise offer to provide or convey the 18,247
impression that the person provides embalming services unless the 18,248
person is licensed as an embalmer under this chapter and is
employed by or under contract to a licensed funeral home or a 18,249
licensed embalming facility and performs embalming services for 18,250
the funeral home or embalming facility in a manner consistent 18,251
with the advertisement, offering, or conveyance; 18,252
(5) Operate a funeral home without a license to operate 18,254
the funeral home issued by the board under this chapter; 18,255
(6) Practice the business or profession of funeral 18,257
directing from any place except from a funeral home that a person 18,258
428
is licensed to operate under this chapter; 18,259
(7) Practice embalming from any place except from a 18,261
funeral home or embalming facility that a person is licensed to 18,262
operate under this chapter; 18,263
(8) Operate a crematory or perform cremation without a 18,266
license to operate the crematory issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead 18,268
human bodies or body parts are cremated or cremate dead human 18,269
bodies or human body parts in a cremation chamber in which 18,270
animals are cremated.
(B) No funeral director or other person in charge of the 18,273
final disposition of a dead human body shall fail to do one of 18,275
the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag 18,277
encased in a durable and long-lasting material that contains the 18,278
name, date of birth, date of death, and social security number of 18,280
the deceased;
(2) Place in the casket a capsule containing a tag bearing 18,282
the information described in division (B)(1) of this section; 18,284
(3) If the body was cremated, place in the vessel 18,286
containing the cremated remains a tag bearing the information 18,287
described in division (B)(1) of this section. 18,289
(C) No person who holds a funeral home license for a 18,292
funeral home that is closed, or that is owned by a funeral 18,293
business in which changes in the ownership of the funeral 18,294
business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in 18,295
combination with others did not own a majority of the funeral 18,296
business immediately prior to the change in ownership, shall fail 18,297
to submit to the board within thirty days after the closing or 18,298
such a change in ownership of the funeral business owning the 18,299
funeral home, a clearly enumerated account of all of the 18,302
following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection 18,303
429
with the funeral home, was to receive payment for providing 18,304
funeral services, funeral goods, or any combination of those in 18,305
connection with the funeral or final disposition of a dead human 18,306
body: 18,307
(1) Preneed funeral contracts governed by section 1107.33 18,309
1111.19 of the Revised Code; 18,312
(2) Life insurance policies the benefits of which are 18,314
payable to the provider of funeral or burial goods or services; 18,315
(3) Accounts at banks or savings banks insured by the 18,317
federal deposit insurance corporation, savings and loan 18,318
associations insured by the federal savings and loan insurance 18,319
corporation or the Ohio deposit guarantee fund, or credit unions 18,321
insured by the national credit union administration or a credit 18,322
union share guaranty corporation organized under Chapter 1761. of 18,323
the Revised Code that are payable upon the death of the person 18,325
for whose benefit deposits into the accounts were made. 18,326
Sec. 4723.06. (A) The board of nursing shall: 18,335
(1) Administer and enforce the provisions of this chapter, 18,337
including the taking of disciplinary action for violations of 18,338
section 4723.28 of the Revised Code, any other provisions of this 18,339
chapter, or rules promulgated under Chapter 119. of the Revised 18,340
Code; 18,341
(2) Examine applicants for licensure to practice as a 18,343
registered nurse or as a licensed practical nurse; 18,344
(3) Issue and renew licenses as provided in this chapter; 18,346
(4) Define the minimum curricula and standards for 18,348
educational programs of the schools of professional nursing and 18,349
schools of practical nursing in this state; 18,350
(5) Survey, inspect, and grant full approval to 18,352
prelicensure nursing education programs that meet the standards 18,354
established by rules adopted under section 4723.07 of the Revised 18,355
Code. Prelicensure nursing education programs include, but are 18,356
not limited to, associate degree, baccalaureate degree, diploma, 18,357
and doctor of nursing programs leading to initial licensure to 18,358
430
practice nursing as a registered nurse and practical nurse 18,359
programs leading to initial licensure to practice nursing as a 18,360
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 18,362
the board, to a new prelicensure nursing education program or a 18,363
program that is being reestablished after having ceased to 18,365
operate, if the program meets and maintains the minimum standards 18,367
of the board established by rules adopted under section 4723.07 18,368
of the Revised Code. If the board does not grant conditional 18,369
approval, it shall hold a hearing under Chapter 119. of the 18,370
Revised Code to consider conditional approval of the program. If 18,371
the board grants conditional approval, at its first meeting after 18,372
the first class has completed the program, the board shall 18,373
determine whether to grant full approval to the program. If the 18,374
board does not grant full approval or if it appears that the 18,377
program has failed to meet and maintain standards established by 18,378
rules adopted under section 4723.07 of the Revised Code, the 18,379
board shall hold a hearing under Chapter 119. of the Revised Code 18,380
to consider the program. Based on results of the hearing, the 18,381
board may continue or withdraw conditional approval, or grant 18,382
full approval.
(7) Place on provisional approval, for a period of time 18,384
specified by the board, a program that has ceased to meet and 18,386
maintain the minimum standards of the board established by rules 18,387
adopted under section 4723.07 of the Revised Code. At the end of 18,388
the period, the board shall reconsider whether the program meets 18,389
the standards and shall grant full approval if it does. If it 18,391
does not, the board may withdraw approval, pursuant to a hearing 18,392
under Chapter 119. of the Revised Code. 18,393
(8) Approve continuing nursing education programs and 18,395
courses under standards established in rules adopted under 18,396
section 4723.07 of the Revised Code; 18,397
(9) Approve peer support programs for nurses under rules 18,399
adopted under section 4723.07 of the Revised Code; 18,400
431
(10) Establish the alternative program for chemically 18,402
dependent nurses in accordance with section 4723.35 of the 18,403
Revised Code;
(11) ESTABLISH THE PRACTICE INTERVENTION AND IMPROVEMENT 18,405
PROGRAM IN ACCORDANCE WITH SECTION 4723.282 OF THE REVISED CODE; 18,406
(12) Issue and renew certificates of authority to practice 18,408
nursing as a certified registered nurse anesthetist, clinical 18,410
nurse specialist, certified nurse-midwife, or certified nurse 18,411
practitioner;
(12)(13) Approve under section 4723.46 of the Revised Code 18,414
national certifying organizations for examination and 18,415
certification of certified registered nurse anesthetists, 18,416
clinical nurse specialists, certified nurse-midwives, or 18,417
certified nurse practitioners;
(13)(14) Make an annual report to the governor, which 18,419
shall be open for public inspection; 18,421
(14)(15) Maintain and have open for public inspection the 18,423
following records: 18,424
(a) A record of all its meetings and proceedings; 18,426
(b) A file of applicants for and holders of licenses, 18,428
registrations, and certificates granted under this chapter. The 18,429
file shall be maintained in the form prescribed by rule of the 18,430
board. 18,431
(c) A list of prelicensure nursing education programs 18,433
approved by the board; 18,434
(d) A list of approved peer support programs for nurses. 18,436
(B) The board may fulfill the requirement of division 18,438
(A)(8) of this section by authorizing persons who meet the 18,439
standards established in rules adopted under division (F) of 18,440
section 4723.07 of the Revised Code to approve continuing nursing 18,441
education programs and courses. Persons so authorized shall 18,442
approve continuing nursing education programs and courses in 18,443
accordance with standards established in rules adopted under 18,444
division (E) of section 4723.07 of the Revised Code. 18,445
432
Persons seeking authorization to approve continuing nursing 18,447
education programs and courses shall apply to the board and pay 18,448
the appropriate fee established under section 4723.08 of the 18,449
Revised Code. Authorizations to approve continuing nursing 18,450
education programs and courses shall expire at the end of the 18,451
two-year period beginning the date of issuance and may be renewed 18,452
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 18,461
not to exceed the following limits: 18,462
(1) For application for licensure by examination to 18,464
practice nursing as a registered nurse or as a licensed practical 18,465
nurse, fifty dollars; 18,466
(2) For application for licensure by endorsement to 18,468
practice nursing as a registered nurse or as a licensed practical 18,469
nurse, fifty dollars; 18,470
(3) For application for a certificate of authority to 18,472
practice nursing as a certified registered nurse anesthetist, 18,473
clinical nurse specialist, certified nurse-midwife, or certified 18,475
nurse practitioner, one hundred dollars; 18,476
(4) For verification of a license or certificate to 18,478
another jurisdiction, fifteen dollars; 18,480
(5) For providing a replacement copy of a license or 18,482
certificate, fifteen dollars; 18,483
(6) For biennial renewal of any license, thirty-five 18,485
dollars;
(7) For biennial renewal of a certificate of authority to 18,487
practice nursing as a certified registered nurse anesthetist, 18,488
clinical nurse specialist, certified nurse-midwife, or certified 18,490
nurse practitioner, one hundred dollars;
(8) For processing a late application for renewal of any 18,492
license or certificate, fifty dollars; 18,493
(9) For application for authorization to approve 18,495
continuing nursing education programs and courses from an 18,496
applicant accredited by a national accreditation system for 18,497
433
nursing, five hundred dollars; 18,498
(10) For application for authorization to approve 18,500
continuing nursing education programs and courses from an 18,501
applicant not accredited by a national accreditation system for 18,502
nursing, one thousand dollars; 18,503
(11) For biennial renewal of EACH YEAR FOR WHICH 18,506
authorization to approve continuing nursing education programs 18,508
and courses IS RENEWED, three ONE hundred FIFTY dollars; 18,509
(12) For written verification of a license or certificate, 18,512
other than verification to another jurisdiction, five dollars. 18,513
The board may contract for services pertaining to this 18,514
verification process and the collection of the fee, and may 18,515
permit the contractor to retain a portion of the fees as 18,516
compensation, before any amounts are deposited into the state 18,517
treasury. 18,518
(B) Each quarter, the board of nursing shall certify to 18,520
the director of budget and management the number of biennial 18,521
licenses renewed under this chapter during the preceding quarter 18,522
and the amount equal to that number times five dollars. 18,523
Sec. 4723.28. As used in this section, "dangerous drug" 18,532
and "prescription" have the same meanings as in section 4729.01 18,534
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 18,536
conducted under Chapter 119. of the Revised Code and by a vote of 18,537
a quorum, may revoke or may refuse to grant a license or 18,538
certificate to a person found by the board to have committed 18,540
fraud in passing the examination or to have committed fraud, 18,541
misrepresentation, or deception in applying for or securing any 18,542
license or certificate issued by the board. 18,544
(B) The board of nursing, pursuant to an adjudication 18,546
conducted under Chapter 119. of the Revised Code and by a vote of 18,547
a quorum, may impose one or more of the following sanctions: 18,548
deny, revoke permanently, suspend, or place restrictions on any 18,549
license or certificate issued by the board; reprimand or 18,551
434
otherwise discipline a holder of a license or certificate; or 18,552
impose a fine of not more than five hundred dollars per 18,554
violation. The sanctions may be imposed for any of the
following: 18,555
(1) Denial, revocation, suspension, or restriction of a 18,557
license to practice nursing, for any reason other than a failure 18,558
to renew, in another state or jurisdiction; or denial, 18,559
revocation, suspension, or restriction of a license to practice a 18,560
health care occupation other than nursing, for any reason other 18,561
than a failure to renew, in Ohio or another state or 18,562
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 18,564
renew a license issued under this chapter, or while a license is 18,565
under suspension; 18,566
(3) Conviction of, a plea of guilty to, or a judicial 18,568
finding of guilt of a misdemeanor committed in the course of 18,569
practice; 18,570
(4) Conviction of, a plea of guilty to, or a judicial 18,572
finding of guilt of any felony or of any crime involving gross 18,573
immorality or moral turpitude; 18,574
(5) Selling, giving away, or administering drugs for other 18,576
than legal and legitimate therapeutic purposes; or conviction of, 18,577
a plea of guilty to, or a judicial finding of guilt of violating 18,578
any municipal, state, county, or federal drug law; 18,579
(6) Conviction of, a plea of guilty to, or a judicial 18,581
finding of guilt of an act in another jurisdiction that would 18,582
constitute a felony or a crime of moral turpitude in Ohio; 18,583
(7) Conviction of, a plea of guilty to, or a judicial 18,585
finding of guilt of an act in the course of practice in another 18,586
jurisdiction that would constitute a misdemeanor in Ohio; 18,587
(8) Self-administering or otherwise taking into the body 18,589
any dangerous drug in any way not in accordance with a legal, 18,590
valid prescription; 18,591
(9) Habitual indulgence in the use of controlled 18,593
435
substances, other habit-forming drugs, or alcohol or other 18,594
chemical substances to an extent that impairs ability to 18,595
practice; 18,596
(10) Impairment of the ability to practice according to 18,598
acceptable and prevailing standards of safe nursing care because 18,599
of habitual or excessive use of drugs, alcohol, or other chemical 18,602
substances that impair the ability to practice; 18,603
(11) Impairment of the ability to practice according to 18,605
acceptable and prevailing standards of safe nursing care because 18,606
of a physical or mental disability; 18,607
(12) Assaulting or causing harm to a patient or depriving 18,609
a patient of the means to summon assistance; 18,610
(13) Obtaining or attempting to obtain money or anything 18,612
of value by intentional misrepresentation or material deception 18,613
in the course of practice; 18,614
(14) Adjudication by a probate court that the license 18,616
applicant or license holder is mentally ill or mentally 18,617
incompetent. The board may restore the license upon adjudication 18,618
by a probate court of the person's restoration to competency or 18,619
upon submission to the board of other proof of competency. 18,620
(15) The suspension or termination of employment by the 18,622
department of defense or the veterans administration of the 18,623
United States for any act that violates or would violate this 18,624
chapter; 18,625
(16) Violation of this chapter or any rules adopted under 18,627
it; 18,628
(17) Violation of any restrictions placed on a license by 18,630
the board; 18,631
(18) Failure to use universal blood and body fluid 18,633
precautions established by rules adopted under section 4723.07 of 18,634
the Revised Code; 18,635
(19) Failure to practice in accordance with acceptable and 18,638
prevailing standards of safe nursing care; 18,639
(20) In the case of a registered nurse, engaging in 18,641
436
activities that exceed the practice of nursing as a registered 18,642
nurse under section 4723.02 of the Revised Code; 18,643
(21) In the case of a licensed practical nurse, engaging 18,645
in activities that exceed the practice of nursing as a licensed 18,646
practical nurse under section 4723.02 of the Revised Code; 18,647
(22) Aiding and abetting in the unlicensed practice of 18,649
nursing; 18,650
(23) In the case of a certified registered nurse 18,652
anesthetist, clinical nurse specialist, certified nurse-midwife, 18,654
or certified nurse practitioner, or a registered nurse approved 18,655
as an advanced practice nurse under section 4723.55 of the 18,656
Revised Code, either of the following: 18,657
(a) Waiving the payment of all or any part of a deductible 18,659
or copayment that a patient, pursuant to a health insurance or 18,660
health care policy, contract, or plan that covers such nursing 18,661
services, would otherwise be required to pay if the waiver is 18,662
used as an enticement to a patient or group of patients to 18,663
receive health care services from that provider; 18,664
(b) Advertising that the nurse will waive the payment of 18,666
all or any part of a deductible or copayment that a patient, 18,667
pursuant to a health insurance or health care policy, contract, 18,668
or plan that covers such nursing services, would otherwise be 18,669
required to pay. 18,670
(24) Failure to comply with the terms and conditions of 18,672
participation in the alternative program for chemically dependent 18,674
nurses created by section 4723.35 of the Revised Code; 18,675
(25) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS 18,677
REQUIRED UNDER THE PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM 18,678
ESTABLISHED UNDER SECTION 4723.282 OF THE REVISED CODE; 18,679
(26) In the case of a certified registered nurse 18,681
anesthetist, clinical nurse specialist, certified nurse-midwife, 18,683
or certified nurse practitioner: 18,684
(a) Engaging in activities that exceed those permitted for 18,687
the nurse's nursing specialty under section 4723.43 of the
437
Revised Code; 18,688
(b) Failure to meet the quality assurance standards 18,690
established under section 4723.07 of the Revised Code. 18,692
(26)(27) In the case of a clinical nurse specialist, 18,694
certified nurse-midwife, or certified nurse practitioner, failure 18,696
to maintain a standard care arrangement in accordance with 18,697
section 4723.431 of the Revised Code or to practice in accordance 18,698
with the standard care arrangement. 18,699
(C) If a criminal action is brought against a license 18,701
holder for an act or crime described in divisions (B)(3) to (7) 18,702
of this section and the action is dismissed by the trial court 18,703
other than on the merits, the board shall hold an adjudication 18,705
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 18,706
basis of the hearing that the license holder committed the act, 18,707
or if the license holder fails to participate in the hearing, the 18,708
board may take action as though the license holder had been 18,709
convicted of the act. 18,710
If the board takes action on the basis of a conviction, 18,712
plea of guilty, or a judicial determination of guilt as described 18,713
in divisions (B)(3) to (7) of this section that is overturned on 18,714
appeal, the license holder may, on exhaustion of the appeal 18,715
process, petition the board for reconsideration of its action. 18,716
On receipt of the petition and supporting court documents, the 18,717
board shall temporarily rescind its action. If the board 18,718
determines that the decision on appeal was a decision on the 18,719
merits, it shall permanently rescind its action. If the board 18,720
determines that the decision on appeal was not a decision on the 18,721
merits, it shall hold an adjudicatory hearing to determine 18,722
whether the license holder committed the act on which the 18,723
original conviction, plea, or judicial determination was based. 18,724
If the board determines on the basis of the hearing that the 18,725
license holder committed such act, or if the license holder does 18,726
not request a hearing, the board shall reinstate its action; 18,727
438
otherwise, the board shall permanently rescind its action. 18,728
Notwithstanding the provision of division (C)(2) of section 18,730
2953.32 of the Revised Code specifying that if records pertaining 18,731
to a criminal case are sealed under that section the proceedings 18,732
in the case shall be deemed not to have occurred, sealing of the 18,733
records of a conviction on which the board has based an action 18,734
under this section shall have no effect on the board's action or 18,735
any sanction imposed by the board under this section. 18,736
(D) In enforcing division (B) of this section, the board 18,738
may compel any individual licensed by this chapter or who has 18,739
applied for licensure to submit to a mental or physical 18,740
examination, or both, as required by the board and at the expense 18,741
of the individual. Failure of any individual to submit to a 18,742
mental or physical examination when directed constitutes an 18,743
admission of the allegations, unless the failure is due to 18,744
circumstances beyond the individual's control, and a default and 18,745
final order may be entered without the taking of testimony or 18,746
presentation of evidence. If the board finds that an individual 18,747
is impaired, the board shall require the individual to submit to 18,748
care, counseling, or treatment approved or designated by the 18,749
board, as a condition for initial, continued, reinstated, or 18,750
renewed licensure to practice. The individual shall be afforded 18,751
an opportunity to demonstrate to the board that the individual 18,752
can resume the individual's occupation in compliance with 18,754
acceptable and prevailing standards under the provisions of the 18,756
individual's license. For the purpose of this section, any 18,758
individual who is licensed by this chapter or makes application 18,759
for licensure shall be deemed to have given consent to submit to 18,760
a mental or physical examination when directed to do so in 18,761
writing by the board, and to have waived all objections to the 18,762
admissibility of testimony or examination reports that constitute 18,763
a privileged communication.
(E) The board shall investigate evidence that appears to 18,765
show that any person has violated any provision of this chapter 18,766
439
or any rule of the board. Any person may report to the board any 18,767
information the person may have that appears to show a violation 18,768
of any provision of this chapter or rule of the board. In the 18,769
absence of bad faith, any person who reports such information or 18,770
who testifies before the board in any adjudication conducted 18,772
under Chapter 119. of the Revised Code shall not be liable for 18,773
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 18,775
investigation is confidential and not subject to discovery in any 18,776
civil action, except that the board may disclose information to 18,777
law enforcement officers and government entities investigating a 18,778
person licensed by the board. No law enforcement officer or 18,779
government entity with knowledge of any information disclosed by 18,780
the board pursuant to this division shall divulge the information 18,781
to any other person or government entity except for the purpose 18,782
of an adjudication by a court or licensing or registration board 18,783
or officer to which the person to whom the information relates is
a party. 18,784
If the investigation requires a review of patient records, 18,786
the investigation and proceeding shall be conducted in such a 18,787
manner as to protect patient confidentiality. 18,788
All hearings and investigations of the board shall be 18,790
considered civil actions for the purposes of section 2305.251 of 18,791
the Revised Code. 18,792
The hearings of the board shall be conducted in accordance 18,794
with Chapter 119. of the Revised Code. The board may appoint a 18,795
hearing examiner as provided in section 119.09 to conduct any 18,796
hearing the board is empowered to hold under Chapter 119. of the 18,797
Revised Code. 18,798
In the absence of fraud or bad faith, neither the board nor 18,800
any current or former members, agents, representatives, or 18,801
employees of the board shall be held liable in damages to any 18,802
person as the result of any act, omission, proceeding, conduct, 18,803
or decision related to their official duties undertaken or 18,804
440
performed pursuant to this chapter. If a current or former 18,805
member, agent, representative, or employee requests the state to 18,806
defend the individual against any claim or action arising out of 18,807
any act, omission, proceeding, conduct, or decision related to 18,809
the individual's official duties, if the request is made in 18,811
writing at a reasonable time before trial, and if the individual 18,812
requesting defense cooperates in good faith in the defense of the 18,813
claim or action, the state shall provide and pay for such defense 18,814
and shall pay any resulting judgment, compromise, or settlement. 18,815
At no time shall the state pay that part of a claim or judgment 18,816
that is for punitive or exemplary damages. 18,817
(F) Any action taken by the board under this section 18,819
resulting in a suspension from practice shall be accompanied by a 18,820
written statement of the conditions under which the person may be 18,821
reinstated to practice. 18,822
(G) No unilateral surrender of a license issued under this 18,824
chapter shall be effective unless accepted by majority vote of 18,825
the board. No application for a license issued under this 18,826
chapter may be withdrawn without a majority vote of the board. 18,827
(H) Notwithstanding division (B)(23) of this section, 18,829
sanctions shall not be imposed against any licensee who waives 18,830
deductibles and copayments: 18,831
(1) In compliance with the health benefit plan that 18,833
expressly allows such a practice. Waiver of the deductibles or 18,834
copayments shall be made only with the full knowledge and consent 18,835
of the plan purchaser, payer, and third-party administrator. The 18,836
consent shall be made available to the board upon request. 18,837
(2) For professional services rendered to any other person 18,839
licensed pursuant to this chapter to the extent allowed by this 18,840
chapter and the rules of the board. 18,841
Sec. 4723.282. (A) AS USED IN THIS SECTION, "PRACTICE 18,844
DEFICIENCY" MEANS ANY ACTIVITY THAT DOES NOT MEET ACCEPTABLE AND 18,845
PREVAILING STANDARDS OF SAFE AND EFFECTIVE NURSING CARE. 18,846
(B) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING 18,848
441
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 18,850
AGAINST THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS 18,851
CHAPTER WHO HAS A PRACTICE DEFICIENCY THAT HAS BEEN IDENTIFIED BY 18,852
THE BOARD THROUGH AN INVESTIGATION CONDUCTED UNDER SECTION 18,853
4723.28 OF THE REVISED CODE. THE BOARD MAY ABSTAIN FROM TAKING 18,854
ACTION ONLY IF THE BOARD HAS REASON TO BELIEVE THAT THE 18,855
INDIVIDUAL'S PRACTICE DEFICIENCY CAN BE CORRECTED THROUGH 18,856
REMEDIATION, AND IF THE INDIVIDUAL ENTERS INTO AN AGREEMENT WITH 18,857
THE BOARD TO SEEK REMEDIATION AS PRESCRIBED BY THE BOARD, 18,858
COMPLIES WITH THE TERMS AND CONDITIONS OF THE REMEDIATION, AND 18,859
SUCCESSFULLY COMPLETES THE REMEDIATION. IF AN INDIVIDUAL FAILS 18,860
TO COMPLETE THE REMEDIATION OR THE BOARD DETERMINES THAT 18,861
REMEDIATION CANNOT CORRECT THE INDIVIDUAL'S PRACTICE DEFICIENCY, 18,862
THE BOARD SHALL PROCEED WITH DISCIPLINARY ACTION IN ACCORDANCE 18,863
WITH SECTION 4723.28 OF THE REVISED CODE. 18,864
(C) TO IMPLEMENT ITS AUTHORITY UNDER THIS SECTION TO 18,866
ABSTAIN FROM TAKING DISCIPLINARY ACTION, THE BOARD SHALL 18,867
ESTABLISH A PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM. THE 18,868
BOARD SHALL DESIGNATE AN ADMINISTRATOR TO OPERATE THE PROGRAM 18,869
AND, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT 18,871
RULES FOR THE PROGRAM THAT ESTABLISH THE FOLLOWING: 18,872
(1) CRITERIA FOR USE IN IDENTIFYING AN INDIVIDUAL'S 18,874
PRACTICE DEFICIENCY; 18,875
(2) REQUIREMENTS THAT AN INDIVIDUAL MUST MEET TO BE 18,877
ELIGIBLE FOR REMEDIATION AND THE BOARD'S ABSTENTION FROM 18,878
DISCIPLINARY ACTION; 18,879
(3) STANDARDS AND PROCEDURES FOR PRESCRIBING REMEDIATION 18,881
THAT IS APPROPRIATE FOR AN INDIVIDUAL'S IDENTIFIED PRACTICE 18,882
DEFICIENCY; 18,883
(4) TERMS AND CONDITIONS THAT AN INDIVIDUAL MUST MEET TO 18,885
BE SUCCESSFUL IN COMPLETING THE REMEDIATION PRESCRIBED; 18,886
(5) PROCEDURES FOR THE BOARD'S MONITORING OF THE 18,888
INDIVIDUAL'S REMEDIATION; 18,889
(6) PROCEDURES FOR MAINTAINING CONFIDENTIAL RECORDS 18,891
442
REGARDING INDIVIDUALS WHO PARTICIPATE IN REMEDIATION; 18,892
(7) ANY OTHER REQUIREMENTS OR PROCEDURES NECESSARY TO 18,894
DEVELOP AND ADMINISTER THE PROGRAM. 18,895
(D) ALL RECORDS HELD BY THE BOARD FOR PURPOSES OF THE 18,897
PROGRAM SHALL BE CONFIDENTIAL, ARE NOT PUBLIC RECORDS FOR 18,898
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND ARE NOT 18,900
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY 18,901
JUDICIAL PROCEEDING. THE ADMINISTRATOR OF THE PROGRAM SHALL 18,902
MAINTAIN ALL RECORDS IN THE BOARD'S OFFICE IN ACCORDANCE WITH THE 18,903
BOARD'S RECORD RETENTION SCHEDULE.
(E) WHEN AN INDIVIDUAL BEGINS THE REMEDIATION PRESCRIBED 18,906
BY THE BOARD, THE INDIVIDUAL SHALL SIGN A WAIVER PERMITTING ANY 18,907
ENTITY THAT PROVIDES SERVICES RELATED TO THE REMEDIATION TO 18,908
RELEASE TO THE BOARD INFORMATION REGARDING THE INDIVIDUAL'S 18,909
PROGRESS. AN ENTITY THAT PROVIDES SERVICES RELATED TO 18,910
REMEDIATION SHALL REPORT TO THE BOARD IF THE INDIVIDUAL FAILS TO 18,911
COMPLETE THE REMEDIATION.
IN THE ABSENCE OF FRAUD OR BAD FAITH, AN ENTITY THAT 18,913
REPORTS TO THE BOARD REGARDING AN INDIVIDUAL'S PRACTICE 18,914
DEFICIENCY, OR PROGRESS OR LACK OF PROGRESS IN REMEDIATION, IS 18,915
NOT LIABLE IN DAMAGES TO ANY PERSON AS A RESULT OF MAKING THE 18,916
REPORT.
(F) AN INDIVIDUAL PARTICIPATING IN REMEDIATION PRESCRIBED 18,919
UNDER THIS SECTION IS RESPONSIBLE FOR ALL FINANCIAL OBLIGATIONS 18,920
THAT MAY ARISE FROM OBTAINING OR COMPLETING THE REMEDIATION. 18,921
Sec. 4725.16. (A) Each certificate of licensure, topical 18,930
ocular pharmaceutical agents certificate, and therapeutic 18,932
pharmaceutical agents certificate issued by the state board of 18,934
optometry shall expire annually on the last day of December, and 18,935
may be renewed in accordance with this section and the standard 18,936
renewal procedure established under Chapter 4745. of the Revised 18,938
Code.
(B) All licensed optometrists shall annually complete 18,941
continuing education in subjects relating to the practice of 18,943
443
optometry, to the end that the utilization and application of new 18,944
techniques, scientific and clinical advances, and the 18,945
achievements of research will assure comprehensive care to the 18,946
public. The board shall prescribe by rule the continuing 18,947
optometric education that licensed optometrists must complete. 18,948
The length of study shall be determined by the board but shall be 18,950
not less than six nor more than twenty-five clock hours each 18,951
year, except that the board shall prescribe an additional five 18,953
clock hours of instruction in pharmacology to be completed by 18,955
optometrists who hold topical ocular pharmaceutical agents 18,956
certificates or therapeutic pharmaceutical agents certificates. 18,957
Unless the continuing education required under this 18,959
division is waived or deferred under division (D) of this 18,960
section, the continuing education must be completed during the 18,961
twelve-month period beginning on the first day of October and 18,963
ending on the last day of September. If the board receives 18,964
notice from a continuing education program indicating that an 18,965
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 18,966
education completed after that day to renew the license that 18,967
expires on the last day of December of that year, the optometrist 18,969
shall pay the penalty specified under section 4725.34 of the 18,970
Revised Code for late completion of continuing education. 18,971
At least once annually, the board shall mail to each 18,974
licensed optometrist a list of courses approved in accordance 18,975
with standards prescribed by board rule. Upon the request of a 18,976
licensed optometrist, the executive director of the board shall 18,978
supply a list of additional courses that the board has approved 18,980
subsequent to the most recent mailing of the list of approved 18,981
courses.
(C) Annually, by the first day of November, the board 18,984
shall mail to each licensed optometrist a notice regarding 18,985
license renewal and an application for license renewal. The 18,986
application shall be in such form and require such pertinent 18,987
444
professional biographical data as the board may require. Filing 18,988
of the application with the board shall serve as notice by the 18,989
optometrist that the continuing optometric education requirement 18,991
has been successfully completed.
If the board finds that the optometrist has not completed 18,993
the required continuing optometric education, the board shall 18,995
disapprove the optometrist's application. All other applications 18,997
shall be approved. The board shall refuse to accept an 18,998
application for renewal from any applicant whose license is not
in good standing or who is under disciplinary review pursuant to 18,999
section 4725.19 of the Revised Code. 19,000
The board's order of disapproval for renewal shall be 19,002
effective without a hearing unless a hearing is requested 19,005
pursuant to Chapter 119. of the Revised Code. Notice of the 19,007
applicant's failure to qualify for renewal shall be served upon 19,008
the applicant by mail, which shall be sent on or before the 19,010
fifteenth day of November to the address shown in the board's 19,012
records.
(D) In cases of certified illness or undue hardship, the 19,014
board may waive or defer for up to twelve months the requirement 19,016
of continuing optometric education, except that in such cases the 19,018
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 19,019
topical ocular pharmaceutical agents certificates or therapeutic 19,020
pharmaceutical agents certificates. The board shall waive the 19,021
requirement of continuing optometric education for any 19,022
optometrist who is serving in the armed forces of the United 19,023
States or who has received an initial certificate of licensure 19,025
during the nine-month period which ended on the last day of 19,026
September.
(E) An optometrist who desires to continue the practice of 19,030
optometry and whose application for license renewal has been 19,031
approved by the board may renew each certificate held by paying 19,032
the fees for renewal specified under section 4725.34 of the 19,033
445
Revised Code. The optometrist shall pay the fees on or before 19,034
the first day of January to the treasurer of state. On payment 19,036
of the renewal fees, the board shall issue a renewal of the 19,037
optometrist's certificate of licensure, topical ocular 19,038
pharmaceutical agents certificate, and therapeutic pharmaceutical 19,039
agents certificate, as appropriate. 19,040
(F) A notice shall be sent to every licensed optometrist 19,044
who fails to respond to the notice provided under division (C) of 19,045
this section, at the optometrist's last address, at least one 19,047
month in advance of the date of expiration. A second notice 19,049
shall be sent in advance of the date of expiration and prior to 19,050
any action under division (G) of this section to classify the 19,051
optometrist's certificates as delinquent, to every optometrist 19,052
failing to respond to the preceding notice. 19,053
(G)(1) The failure of an optometrist to apply for license 19,056
renewal or the failure to pay the applicable annual renewal fees 19,058
on or before the last day of December of each year, shall 19,059
automatically work a forfeiture of the optometrist's authority to 19,061
practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's 19,062
records as delinquent. 19,063
(2) Any optometrist subject to delinquent classification 19,066
may submit a written application to the board for reinstatement. 19,068
For reinstatement to occur, the applicant must meet all of the 19,069
following conditions:
(a) Submit to the board evidence of compliance with board 19,072
rules requiring continuing optometric education in a sufficient 19,073
number of hours to make up for any delinquent compliance; 19,074
(b) Pay all delinquent annual THE renewal fees FOR THE 19,077
YEAR IN WHICH APPLICATION FOR REINSTATEMENT IS MADE and the 19,078
penalty for reinstatement FEE specified under DIVISION (A)(7) OF 19,079
section 4725.34 of the Revised Code; 19,080
(c) Pass all or part of the licensing examination accepted 19,083
by the board under section 4725.11 of the Revised Code as the 19,084
446
board considers appropriate to determine whether the application 19,085
for reinstatement should be approved; 19,086
(d) If the applicant has been practicing optometry in 19,088
another state or country, submit evidence that the applicant's 19,089
license to practice optometry in the other state or country is in 19,091
good standing.
(3) The board shall approve an application for 19,093
reinstatement if the conditions specified in division (G)(2) of 19,095
this section are met. An optometrist who receives reinstatement 19,096
is subject to the continuing education requirements specified 19,097
under division (B) of this section for the year in which 19,098
reinstatement occurs. 19,099
Sec. 4725.17. (A) An optometrist who intends not to 19,108
continue practicing optometry in this state due to retirement or 19,109
a decision to practice in another state or country may apply to 19,110
the state board of optometry to have the certificates issued to 19,111
the optometrist placed on inactive status. Application for 19,112
inactive status shall consist of a written notice to the board of 19,114
the optometrist's intention to no longer practice in this state. 19,115
The board may not accept an application submitted after the 19,116
applicant's certificate of licensure and any other certificates 19,117
have expired. The board may approve an application for placement 19,118
on inactive status only if the applicant's certificates are in 19,120
good standing and the applicant is not under disciplinary review 19,121
pursuant to section 4725.19 of the Revised Code. 19,122
(B) An individual whose certificates have been placed on 19,124
inactive status may submit a written application to the board for 19,125
reinstatement. For reinstatement to occur, the applicant must 19,127
meet all of the following conditions: 19,128
(1) Pay the renewal fees for that THE year IN WHICH 19,130
APPLICATION FOR REINSTATEMENT IS MADE and the reinstatement fee 19,131
specified under DIVISION (A)(8) OF section 4725.34 of the Revised 19,133
Code; 19,134
(2) Pass all or part of the licensing examination accepted 19,136
447
by the board under section 4725.11 of the Revised Code as the 19,138
board considers appropriate to determine whether the application 19,139
for reinstatement should be approved;
(3) If the applicant has been practicing optometry in 19,141
another state or country, submit evidence of being in the active 19,142
practice OF optometry in the other state or country and evidence 19,143
that the applicant's license to practice in the other state or 19,144
country is in good standing. 19,145
(C) The board shall approve an application for 19,147
reinstatement if the conditions specified in division (B) of this 19,149
section are met. An optometrist who receives reinstatement is 19,151
subject to the continuing education requirements specified under 19,152
section 4725.16 of the Revised Code for the year in which 19,153
reinstatement occurs.
Sec. 4729.54. (A) As used in this section: 19,162
(1) "Category I" means single-dose injections of 19,164
intravenous fluids, including saline, Ringer's lactate, five per 19,165
cent dextrose and distilled water, and other intravenous fluids 19,166
or parenteral solutions included in this category by rule of the 19,167
board of pharmacy, that have a volume of one hundred milliliters 19,168
or more and that contain no added substances, or single-dose 19,169
injections of epinephrine to be administered pursuant to sections 19,170
4765.38 and 4765.39 of the Revised Code. 19,171
(2) "Category II" means any dangerous drug that is not 19,173
included in category I or III. 19,174
(3) "Category III" means any controlled substance that is 19,176
contained in schedule I, II, III, IV, or V. 19,177
(4) "Emergency medical service organization" has the same 19,179
meaning as in section 4765.01 of the Revised Code. 19,180
(5) "Person" includes an emergency medical service 19,182
organization. 19,183
(6) "Schedule I, schedule II, schedule III, schedule IV, 19,185
and schedule V" mean controlled substance schedules I, II, III, 19,186
IV, and V, respectively, as established pursuant to section 19,187
448
3719.41 of the Revised Code and as amended. 19,188
(B) A person who desires to be licensed as a terminal 19,190
distributor of dangerous drugs shall file with the executive 19,191
director of the board of pharmacy a verified application that 19,192
contains the following: 19,193
(1) Information that the board requires relative to the 19,195
qualifications of a terminal distributor of dangerous drugs set 19,196
forth in section 4729.55 of the Revised Code; 19,197
(2) A statement that the person wishes to be licensed as a 19,199
category I, category II, category III, limited category I, 19,200
limited category II, or limited category III terminal distributor 19,201
of dangerous drugs; 19,202
(3) If the person wishes to be licensed as a limited 19,204
category I, limited category II, or limited category III terminal 19,205
distributor of dangerous drugs, a notarized list of the dangerous 19,206
drugs that the person wishes to possess, have custody or control 19,207
of, and distribute, which list shall also specify the purpose for 19,208
which those drugs will be used and their source; 19,209
(4) If the person is an emergency medical service 19,211
organization, the information that is specified in division 19,212
(C)(1) of this section; 19,213
(5) Except for an emergency medical service organization, 19,215
the identity of the one establishment or place at which the 19,216
person intends to engage in the sale or other distribution of 19,217
dangerous drugs at retail, and maintain possession, custody, or 19,218
control of dangerous drugs for purposes other than the person's 19,219
own use or consumption. 19,220
(C)(1) An emergency medical service organization that 19,222
wishes to be licensed as a terminal distributor of dangerous 19,223
drugs shall list in its application for licensure the following 19,224
additional information: 19,225
(a) The units under its control that the organization 19,227
determines will possess dangerous drugs for the purpose of 19,228
administering emergency medical services in accordance with 19,229
449
Chapter 4765. of the Revised Code; 19,230
(b) With respect to each such unit, whether the dangerous 19,232
drugs that the organization determines the unit will possess are 19,233
in category I, II, or III. 19,234
(2) An emergency medical service organization that is 19,236
licensed as a terminal distributor of dangerous drugs shall file 19,237
a new application for such licensure if there is any change in 19,238
the number, or location of, any of its units or any change in the 19,239
category of the dangerous drugs that any unit will possess. 19,240
(3) A unit listed in an application for licensure pursuant 19,242
to division (C)(1) of this section may obtain the dangerous drugs 19,243
it is authorized to possess from its emergency medical service 19,244
organization or, on a replacement basis, from a hospital 19,245
pharmacy. If units will obtain dangerous drugs from a hospital 19,246
pharmacy, the organization shall file, and maintain in current 19,247
form, the following items with the pharmacist who is responsible 19,248
for the hospital's terminal distributor of dangerous drugs 19,249
license: 19,250
(a) A copy of its standing orders or protocol; 19,252
(b) A list of the personnel employed or used by the 19,254
organization to provide emergency medical services in accordance 19,255
with Chapter 4765. of the Revised Code, who are authorized to 19,256
possess the drugs, which list also shall indicate the personnel 19,257
who are authorized to administer the drugs. 19,258
(D) Each emergency medical service organization that 19,260
applies for a terminal distributor of dangerous drugs license 19,261
shall submit with its application the following: 19,262
(1) A notarized copy of its standing orders or protocol, 19,264
which orders or protocol shall be signed by a physician and 19,265
specify the dangerous drugs that its units may carry, expressed 19,266
in standard dose units; 19,267
(2) A list of the personnel employed or used by the 19,269
organization to provide emergency medical services in accordance 19,270
with Chapter 4765. of the Revised Code. 19,271
450
An emergency medical service organization that is licensed 19,273
as a terminal distributor shall notify the board immediately of 19,274
any changes in its standing orders or protocol. 19,275
(E) There shall be six categories of terminal distributor 19,277
of dangerous drugs licenses, which categories shall be as 19,278
follows: 19,279
(1) Category I license. A person who obtains this license 19,281
may possess, have custody or control of, and distribute only the 19,282
dangerous drugs described in category I. 19,283
(2) Limited category I license. A person who obtains this 19,285
license may possess, have custody or control of, and distribute 19,286
only the dangerous drugs described in category I that were listed 19,287
in the application for licensure. 19,288
(3) Category II license. A person who obtains this 19,290
license may possess, have custody or control of, and distribute 19,291
only the dangerous drugs described in category I and category II. 19,292
(4) Limited category II license. A person who obtains 19,294
this license may possess, have custody or control of, and 19,295
distribute only the dangerous drugs described in category I or 19,296
category II that were listed in the application for licensure. 19,297
(5) Category III license. A person who obtains this 19,299
license may possess, have custody or control of, and distribute 19,300
the dangerous drugs described in category I, category II, and 19,301
category III. 19,302
(6) Limited category III license. A person who obtains 19,304
this license may possess, have custody or control of, and 19,305
distribute only the dangerous drugs described in category I, 19,306
category II, or category III that were listed in the application 19,307
for licensure. 19,308
(F) Except for an application made on behalf of an animal 19,310
shelter, if an applicant for licensure as a limited category I, 19,311
II, or III terminal distributor of dangerous drugs intends to 19,312
administer dangerous drugs to a person or animal, the applicant 19,313
shall submit, with the application, a notarized copy of its 19,314
451
protocol or standing orders, which protocol or orders shall be 19,315
signed by a licensed health professional authorized to prescribe 19,317
drugs, specify the dangerous drugs to be administered, and list 19,318
personnel who are authorized to administer the dangerous drugs in 19,319
accordance with federal law or the law of this state. An 19,320
application made on behalf of an animal shelter shall include a 19,321
notarized list of the dangerous drugs to be administered to
animals and the personnel who are authorized to administer the 19,322
drugs to animals in accordance with section 4729.532 of the 19,323
Revised Code. After obtaining a terminal distributor license, a 19,324
licensee shall notify the board immediately of any changes in its 19,325
protocol or standing orders, or in such personnel. 19,326
(G)(1) Except as provided in division (G)(2) of this 19,329
seciton SECTION, each applicant for licensure as a terminal 19,331
distributor of dangerous drugs shall submit, with the 19,332
application, a license fee determined as follows: 19,333
(a) For a category I or limited category I license, 19,335
forty-five dollars; 19,336
(b) For a category II or limited category II license, one 19,339
hundred twelve dollars and fifty cents;
(c) For a category III or limited category III license, 19,341
one hundred fifty dollars. 19,342
(2) For a professional association, corporation, 19,344
partnership, or limited liability company organized for the 19,345
purpose of practicing veterinary medicine, the fee shall be five 19,346
FORTY dollars. 19,347
Fees assessed under divisions (G)(1) and (2) of this 19,350
section shall not be returned if the applicant fails to qualify 19,351
for registration.
(H)(1) The board shall issue a terminal distributor of 19,353
dangerous drugs license to each person who submits an application 19,354
for such licensure in accordance with this section, pays the 19,355
required license fee, is determined by the board to meet the 19,356
requirements set forth in section 4729.55 of the Revised Code, 19,357
452
and satisfies any other applicable requirements of this section. 19,358
(2) The license of a person other than an emergency 19,360
medical service organization shall describe the one establishment 19,361
or place at which the licensee may engage in the sale or other 19,362
distribution of dangerous drugs at retail and maintain 19,363
possession, custody, or control of dangerous drugs for purposes 19,364
other than the licensee's own use or consumption. The one 19,365
establishment or place shall be that which is described in the 19,367
application for licensure. 19,368
No such license shall authorize or permit the terminal 19,370
distributor of dangerous drugs named in it to engage in the sale 19,371
or other distribution of dangerous drugs at retail or to maintain 19,372
possession, custody, or control of dangerous drugs for any 19,373
purpose other than the distributor's own use or consumption, at 19,375
any establishment or place other than that described in the 19,376
license, except that an agent or employee of an animal shelter 19,377
may possess and use dangerous drugs in the course of business as 19,378
provided in division (D) of section 4729.532 of the Revised Code. 19,379
(3) The license of an emergency medical service 19,381
organization shall cover and describe all the units of the 19,384
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 19,386
drugs shall indicate, on its face, the category of licensure. If 19,387
the license is a limited category I, II, or III license, it shall 19,388
specify, and shall authorize the licensee to possess, have 19,389
custody or control of, and distribute only, the dangerous drugs 19,390
that were listed in the application for licensure. 19,391
(I) All licenses issued pursuant to this section shall be 19,393
effective for a period of twelve months from the first day of 19,394
January of each year. A license shall be renewed by the board 19,395
for a like period, annually, according to the provisions of this 19,396
section, and the standard renewal procedure of Chapter 4745. of 19,397
the Revised Code. A person who desires to renew a license shall 19,398
submit an application for renewal and pay the required fee on or 19,399
453
before the thirty-first day of December each year. The fee 19,401
required for the renewal of a license shall be the same as the 19,402
fee paid for the license being renewed, and shall accompany the 19,403
application for renewal. 19,404
A license that has not been renewed during December in any 19,406
year and by the first day of February of the following year may 19,407
be reinstated only upon payment of the required renewal fee and a 19,408
penalty fee of fifty-five dollars. 19,409
(J)(1) No emergency medical service organization that is 19,411
licensed as a terminal distributor of dangerous drugs shall fail 19,412
to comply with division (C)(2) or (3) of this section. 19,413
(2) No emergency medical service organization that is 19,415
licensed as a terminal distributor of dangerous drugs shall fail 19,416
to comply with division (D) of this section. 19,417
(3) No licensed terminal distributor of dangerous drugs 19,419
shall possess, have custody or control of, or distribute 19,420
dangerous drugs that the terminal distributor is not entitled to 19,421
possess, have custody or control of, or distribute by virtue of 19,422
its category of licensure. 19,423
(4) No licensee that is required by division (F) of this 19,425
section to notify the board of changes in its protocol or 19,426
standing orders, or in personnel, shall fail to comply with that 19,427
division. 19,428
Sec. 4730.11. If the state medical board determines under 19,438
section 4730.10 of the Revised Code that an applicant meets the 19,440
requirements for a certificate of registration as a physician
assistant, the secretary of the board shall register the 19,442
applicant as a physician assistant and issue to the applicant a 19,444
certificate of registration as a physician assistant. The 19,446
certificate shall expire biennially and may be renewed in 19,447
accordance with section 4730.12 of the Revised Code.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 19,449
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 19,450
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 19,451
454
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 19,452
CERTIFICATE SHALL BE THIRTY-FIVE DOLLARS.
Sec. 4731.281. (A) On or before the deadline established 19,461
under division (B) of this section for applying for renewal of a 19,463
certificate of registration, each person holding a certificate 19,465
under this chapter to practice medicine and surgery, osteopathic 19,466
medicine and surgery, or podiatry shall certify to the state 19,467
medical board that in the preceding two years the person has 19,468
completed one hundred hours of continuing medical education. The 19,469
certification shall be made upon the application for biennial 19,470
registration submitted pursuant to division (B) of this section. 19,473
The board shall adopt rules providing for pro rata reductions by 19,474
month of the number of hours of continuing education required for 19,476
persons who are in their first registration period, who have a
registration period of less than two years due to initial 19,477
implementation of the staggered renewal schedule established 19,478
under division (B) of this section, who have been disabled due to 19,480
illness or accident, or who have been absent from the country. 19,481
In determining whether a course, program, or activity 19,483
qualifies for credit as continuing medical education, the board 19,484
shall approve all continuing medical education taken by persons 19,486
holding a certificate to practice medicine and surgery that is 19,487
certified by the Ohio state medical association, all continuing 19,488
medical education taken by persons holding a certificate to 19,489
practice osteopathic medicine and surgery that is certified by 19,490
the Ohio osteopathic association, and all continuing medical 19,492
education taken by persons holding a certificate to practice 19,493
podiatry that is certified by the Ohio podiatric medical 19,495
association. Each person holding a certificate to practice under 19,497
this chapter shall be given sufficient choice of continuing 19,498
education programs to ensure that the person has had a reasonable 19,499
opportunity to participate in continuing education programs that 19,501
are relevant to the person's medical practice in terms of subject 19,503
matter and level.
455
The board may require a random sample of persons holding a 19,506
certificate to practice under this chapter to submit materials 19,507
documenting completion of the continuing medical education 19,508
requirement during the preceding registration period, but this 19,509
provision shall not limit the board's authority to investigate 19,510
pursuant to section 4731.22 of the Revised Code. 19,511
(B)(1) Every person holding a certificate under this 19,513
chapter to practice medicine and surgery, osteopathic medicine 19,514
and surgery, or podiatry wishing to renew that certificate shall 19,515
apply to the board for a certificate of registration upon an 19,517
application furnished by the board, and pay to the board at the 19,518
time of application a fee of two THREE hundred seventy-five FIVE 19,519
dollars, according to the following schedule: 19,520
(a) Persons whose last name begins with the letters "A" 19,522
through "B," on or before April 1, 2001, and the first day of 19,523
April of every odd-numbered year thereafter; 19,524
(b) Persons whose last name begins with the letters "C" 19,526
through "D," on or before January 1, 2001, and the first day of 19,527
January of every odd-numbered year thereafter; 19,528
(c) Persons whose last name begins with the letters "E" 19,531
through "G," on or before October 1, 2000, and the first day of 19,534
October of every even-numbered year thereafter; 19,535
(d) Persons whose last name begins with the letters "H" 19,538
through "K," on or before July 1, 2000, and the first day of July 19,541
of every even-numbered year thereafter; 19,542
(e) Persons whose last name begins with the letters "L" 19,545
through "M," on or before April 1, 2000, and the first day of 19,548
April of every even-numbered year thereafter; 19,549
(f) Persons whose last name begins with the letters "N" 19,552
through "R," on or before January 1, 2000, and the first day of 19,555
January of every even-numbered year thereafter; 19,556
(g) Persons whose last name begins with the letter "S," on 19,559
or before October 1, 1999, and the first day of October of every 19,561
odd-numbered year thereafter; 19,562
456
(h) Persons whose last name begins with the letters "T" 19,565
through "Z," on or before July 1, 1999, and the first day of July 19,566
of every odd-numbered year thereafter. 19,567
The board shall deposit the fee in accordance with section 19,570
4731.24 of the Revised Code, except that, until July 30, 2001, 19,572
the board shall deposit twenty dollars of the fee into the state 19,573
treasury to the credit of the physician loan repayment fund 19,574
created by section 3702.78 of the Revised Code. 19,575
(2) The board shall mail or cause to be mailed to every 19,578
person registered to practice medicine and surgery, osteopathic 19,579
medicine and surgery, or podiatry, an application for 19,580
registration addressed to the person's last known post-office 19,581
address or may cause the application to be sent to the person 19,583
through the secretary of any recognized medical, osteopathic, or 19,584
podiatric society, according to the following schedule: 19,586
(a) To persons whose last name begins with the letters "A" 19,588
through "B," on or before January 1, 2001, and the first day of 19,590
January of every odd-numbered year thereafter; 19,591
(b) To persons whose last name begins with the letters "C" 19,594
through "D," on or before October 1, 2000, and the first day of 19,597
October of every even-numbered year thereafter; 19,598
(c) To persons whose last name begins with the letters "E" 19,601
through "G," on or before July 1, 2000, and the first day of July 19,604
of every even-numbered year thereafter; 19,605
(d) To persons whose last name begins with the letters "H" 19,608
through "K," on or before April 1, 2000, and the first day of 19,611
April of every even-numbered year thereafter; 19,612
(e) To persons whose last name begins with the letters "L" 19,615
through "M," on or before January 1, 2000, and the first day of 19,618
January of every even-numbered year thereafter; 19,619
(f) To persons whose last name begins with the letters "N" 19,622
through "R," on or before October 1, 1999, and the first day of 19,625
October of every odd-numbered year thereafter; 19,626
(g) To persons whose last name begins with the letter "S," 19,629
457
on or before July 1, 1999, and the first day of July of every 19,631
odd-numbered year thereafter; 19,632
(h) To persons whose last name begins with the letters "T" 19,635
through "Z," on or before April 1, 1999, and the first day of 19,638
April of every odd-numbered year thereafter. 19,639
Failure of any person to receive an application from the 19,642
board shall not excuse the person from the requirements contained 19,643
in this section. The application shall contain proper spaces for 19,644
the applicant's signature and the insertion of the required 19,645
information, including a statement that the person has fulfilled 19,647
the continuing education requirements imposed by this section. 19,648
The applicant shall write or cause to be written upon the 19,650
application so furnished the applicant's full name, principal 19,652
practice address and residence address, the number of the 19,654
applicant's certificate to practice, and any other facts for the 19,656
identification of the applicant as a person holding a certificate 19,657
to practice under this chapter as the board considers necessary. 19,658
The applicant shall include with the application a list of the 19,659
names and addresses of any clinical nurse specialists, certified 19,660
nurse-midwives, or certified nurse practitioners with whom the 19,661
applicant is currently collaborating, as defined in section 19,662
4723.02 of the Revised Code. The applicant shall execute and 19,665
deliver the application to the board by mail or in person. Every 19,666
person registered under this section shall give written notice to 19,667
the board of any change of principal practice address or 19,668
residence address or in the list within thirty days of the 19,669
change.
The applicant shall report any criminal offense that 19,671
constitutes grounds for refusal of registration under section 19,672
4731.22 of the Revised Code to which the applicant has pleaded 19,673
guilty, of which the applicant has been found guilty, or for 19,676
which the applicant has been found eligible for treatment in lieu 19,677
of conviction, since last signing an application for a 19,679
certificate of registration.
458
(C) The board shall issue to any person holding a 19,681
certificate under this chapter to practice medicine and surgery, 19,682
osteopathic medicine and surgery, or podiatry, upon application 19,683
and qualification therefor in accordance with this section, a 19,684
certificate of registration under the seal of the board. A 19,685
certificate of registration shall be valid for a two-year period, 19,686
commencing on the first day of the third month after the 19,688
registration fee is due and expiring on the last day of the month 19,690
two years thereafter. 19,691
The board shall publish and cause to be mailed to each 19,695
person registered under this section, upon request, a printed 19,696
list of the persons so registered.
(D) Failure of any certificate holder to register and 19,698
comply with this section shall operate automatically to suspend 19,699
the holder's certificate to practice. Continued practice after 19,702
the suspension of the certificate to practice shall be considered 19,703
as practicing in violation of section 4731.41, 4731.43, or 19,705
4731.60 of the Revised Code. Subject to section 4731.222 of the 19,706
Revised Code, the board shall reinstate a certificate to practice 19,707
for failure to register upon an applicant's submission of the 19,708
biennial registration fee, the applicable monetary penalty, and 19,710
certification by signature of the applicant that the applicant 19,711
has completed the requisite continuing medical education. The 19,712
penalty for reinstatement shall be fifty dollars if the 19,714
certificate has been suspended for two years or less and one 19,715
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 19,716
accordance with section 4731.24 of the Revised Code. 19,718
(E) If an individual certifies completion of the number of 19,720
hours and type of continuing medical education required to 19,722
receive a certificate of registration or reinstatement of a 19,723
certificate to practice, and the board finds through the random 19,724
samples it conducts under this section or through any other means 19,725
that the individual did not complete the requisite continuing 19,726
459
medical education, the board may impose a civil penalty of not 19,727
more than five thousand dollars. The board's finding shall be 19,728
made pursuant to an adjudication under Chapter 119. of the 19,729
Revised Code and by an affirmative vote of not fewer than six 19,731
members.
A civil penalty imposed under this division may be in 19,733
addition to or in lieu of any other action the board may take 19,734
under section 4731.22 of the Revised Code. The board shall 19,736
deposit civil penalties in accordance with section 4731.24 of the 19,737
Revised Code.
(F) The state medical board may obtain information not 19,739
protected by statutory or common law privilege from courts and 19,740
other sources concerning malpractice claims against any person 19,741
holding a certificate to practice under this chapter or 19,742
practicing as provided in section 4731.36 of the Revised Code. 19,743
Sec. 4732.05. The members of the state board of psychology 19,752
AND THE MEMBERS OF THE SCHOOL PSYCHOLOGY EXAMINATION COMMITTEE 19,753
shall receive an amount fixed under division (J) of section 19,754
124.15 of the Revised Code for each day employed in the discharge 19,755
of their official duties, and their necessary expenses while 19,756
engaged therein.
Sec. 4732.14. On or before the thirty-first day of August 19,765
of each even-numbered year, each person licensed by the state 19,766
board of psychology shall register with the board on a form 19,767
prescribed by the board, giving his THE PERSON'S name, address, 19,768
license number, the continuing education information required by 19,770
section 4732.141 of the Revised Code, and such other reasonable 19,771
information as the board requires, and pay to the board secretary 19,773
a biennial registration fee in an amount determined by the board, 19,774
but not to exceed two hundred SEVENTY-FIVE dollars IN FISCAL YEAR 19,775
2000 AND THREE HUNDRED FIFTY DOLLARS IN EACH FISCAL YEAR 19,776
THEREAFTER. A person licensed for the first time on or before 19,778
the thirty-first day of August of an even-numbered year shall 19,779
next be required to register on or before the thirty-first day of 19,780
460
August of the next even-numbered year.
Before the first day of August of each even-numbered year, 19,783
the secretary shall send a notice to each licensed psychologist 19,784
and licensed school psychologist, whether a resident or not, at 19,785
the licensed psychologist's or licensed school psychologist's 19,786
last known address, that the licensed psychologist's or licensed 19,787
school psychologist's biennial registration form and fee are due 19,788
on or before the last day of August. Before the fifteenth day of 19,789
September of such years, the secretary shall send a second notice 19,790
to each such person who has not paid the registration fee or 19,791
registered with the board as required by this section. A license 19,793
of any licensed psychologist or licensed school psychologist 19,794
shall automatically be suspended if the biennial registration fee 19,795
is not paid or the registration form is not received on or before 19,796
the thirtieth day of September of a renewal year. Within five 19,797
years thereafter, the board may reinstate any license so 19,798
suspended upon payment of the current registration fee and a 19,799
penalty not to exceed fifty dollars, as determined by the board, 19,800
and receipt of the registration form completed by the registrant 19,801
in accordance with this section and section 4732.141 of the 19,802
Revised Code or in accordance with any modifications authorized 19,803
by the board under division (F) of section 4732.141 of the 19,804
Revised Code. The board may by rule waive the payment of the
registration fee and completion of the continuing psychology 19,805
education required by section 4732.141 of the Revised Code by a 19,806
licensed psychologist or licensed school psychologist when the 19,807
licensed psychologist or licensed school psychologist is on 19,808
active duty in the armed forces of the United States. 19,809
Each licensed psychologist and licensed school psychologist 19,811
shall notify the secretary of any change in the licensed 19,812
psychologist's or licensed school psychologist's office address 19,813
or employment within ninety days of such change. 19,814
Sec. 4735.06. (A) Application for a license as a real 19,823
estate broker shall be made in writing to the superintendent of 19,824
461
real estate on blanks FORMS furnished by the superintendent and 19,825
filed with the superintendent and shall be sworn to SIGNED by the 19,827
applicant or its members or officers. Each application shall 19,829
state the name of the person applying and the location of the 19,830
place of business for which the license is desired, and give such 19,831
other information as the superintendent requires in the form of 19,832
application prescribed by the superintendent. 19,833
The application shall be accompanied by a recent photograph 19,835
of the applicant and the names of three resident freeholders of 19,836
the county in which the applicant resides or has his THE 19,837
APPLICANT'S place of business. If the applicant has resided, or 19,838
has engaged in the real estate business, for less than one year 19,840
in the county from which the application is made, the application 19,841
shall be accompanied by a recent photograph of the applicant and 19,842
the names of three resident freeholders of each of the counties 19,843
where he THE APPLICANT formerly resided or engaged in the real 19,844
estate business during the period of one year prior to the filing 19,845
of the application. No one of the freeholders shall be related 19,846
to the applicant, and one of them shall be the applicant's most 19,847
recent broker. If the applicant's most recent broker is a 19,848
relative of the applicant or is not a freeholder, the name of a 19,849
third freeholder shall be furnished. The freeholders shall 19,850
furnish information to the superintendent, on forms prescribed by 19,851
the superintendent, concerning the character of the applicant. 19,852
If the applicant maintains more than one place of business within 19,853
the state, he THE APPLICANT shall apply for and procure a 19,854
duplicate license for each branch office so maintained by him THE 19,855
APPLICANT. Each branch office shall be in the charge of a 19,857
licensed broker or salesman SALESPERSON.
If the applicant is a partnership or association, the names 19,859
of all the members also shall be stated, and, if the applicant is 19,860
a corporation, the names of its president and of each of its 19,861
officers also shall be stated. The superintendent has the right 19,862
to reject the application of any partnership, association, or 19,863
462
corporation if the name proposed to be used by such partnership, 19,864
association, or corporation is likely to mislead the public or if 19,865
the name is not such as to distinguish it from the name of any 19,866
existing partnership, association, or corporation licensed under 19,867
this chapter, unless there is filed with such THE application the 19,869
written consent of such existing partnership, association, or 19,870
corporation, executed by a duly authorized representative of it, 19,871
permitting the use of the name of such existing partnership, 19,872
association, or corporation. 19,873
(B) A fee of sixty-nine dollars shall accompany the 19,876
application for a real estate broker's license, which fee shall 19,877
include the license if it is issued. The application fee shall 19,878
be retained by the superintendent if the applicant is admitted to 19,879
the examination for the license or the examination requirement is 19,880
waived, but, if an applicant is not so admitted and a waiver is 19,881
not involved, one-half of the fee shall be retained by the 19,882
superintendent to cover the expenses of processing the 19,883
application and the other one-half shall be returned to the 19,884
applicant. A fee of sixty-nine dollars shall be charged by the 19,886
superintendent for each successive application made by an 19,887
applicant. 19,888
(C) Four dollars of each fee for a real estate broker's 19,891
license shall be credited to the real estate education and 19,892
research fund, which is hereby created in the state treasury. 19,893
The Ohio real estate commission may use the fund in discharging 19,894
the duties prescribed in divisions (E), (F), and (G) of section 19,895
4735.03 of the Revised Code and shall use it in the advancement 19,896
of education and research in real estate at any institution of 19,897
higher education in the state, or in contracting with any such 19,898
institution for a particular research or educational project in 19,899
the field of real estate, or in advancing loans, not exceeding 19,900
eight hundred dollars, to applicants for salesman SALESPERSON 19,901
licenses, to defray the costs of satisfying the educational 19,902
requirements of division (F) of section 4735.09 of the Revised 19,903
463
Code. Such loans shall be made according to rules established by 19,904
the commission under the procedures of Chapter 119. of the 19,905
Revised Code, and they shall be repaid to the fund within three 19,906
years of the time they are made. No more than ten thousand 19,907
dollars shall be lent from the fund in any one year. 19,908
The governor may appoint a representative from the 19,910
executive branch to be a member ex officio of the commission for 19,911
the purpose of advising on research requests or educational 19,912
projects. The commission shall report to the general assembly on 19,913
the third Tuesday after the third Monday in January of each year 19,914
setting forth the total amount contained in the fund and the 19,915
amount of each research grant that it has authorized and the 19,916
amount of each research grant requested. A copy of all research 19,917
reports shall be submitted to the state library of Ohio and the 19,918
library of the legislative service commission. 19,919
(D) If the superintendent, with the consent of the 19,921
commission, enters into an agreement with a national testing 19,922
service to administer the real estate broker's examination, 19,923
pursuant to division (A) of section 4735.07 of the Revised Code, 19,924
the superintendent may require an applicant to pay the TESTING 19,925
SERVICE'S examination fee directly to the testing service. If 19,927
the superintendent requires the payment of the examination fee 19,928
directly to the testing service, the fee which accompanies the 19,929
application for a broker's license shall be reduced by the amount 19,930
paid to the testing service. 19,931
Sec. 4735.07. (A) The superintendent of real estate, with 19,941
the consent of the Ohio real estate commission, may enter into 19,942
agreements with recognized national testing services to 19,943
administer the real estate broker's examination under his THE 19,944
SUPERINTENDENT'S supervision and control, consistent with the 19,945
requirements of this chapter as to the contents of such 19,947
examination.
(B) No person shall take the broker's examination who has 19,949
not established to the satisfaction of the superintendent that he 19,951
464
THE PERSON:
(1) Is honest, truthful, and of good reputation; 19,953
(2)(a) Has not been convicted of a felony or crime of 19,955
moral turpitude, or if he THE PERSON has been so convicted, the 19,956
superintendent has disregarded the conviction because the 19,957
applicant has proven to the superintendent, by a preponderance of 19,958
the evidence, that his THE APPLICANT'S activities and employment 19,959
record since the conviction show that he THE APPLICANT is honest, 19,961
truthful, and of good reputation, and there is no basis in fact 19,963
for believing that he THE APPLICANT again will violate the laws 19,964
involved;
(b) Has not been finally adjudged by a court to have 19,966
violated any municipal, state, or federal civil rights laws 19,967
relevant to the protection of purchasers or sellers of real 19,968
estate or, if he THE PERSON has been so adjudged, at least two 19,969
years have passed since the court decision and the superintendent 19,971
has disregarded the adjudication because the applicant has 19,972
proven, by a preponderance of the evidence, that his THE 19,973
APPLICANT'S activities and employment record since the 19,974
adjudication show that he THE APPLICANT is honest, truthful, and 19,975
of good reputation, and there is no basis in fact for believing 19,976
that he THE APPLICANT will again violate the laws involved; 19,977
(3) Has not, during any period in which he THE PERSON was 19,979
licensed under this chapter, violated any provision of, or any 19,981
rule adopted pursuant to, this chapter, or, if he THE PERSON has 19,982
violated any such provision or rule, has established to the 19,983
satisfaction of the superintendent that he THE PERSON will not 19,984
again violate such provision or rule; 19,985
(4) Is at least eighteen years of age; 19,987
(5) Has been a licensed real estate broker or salesman 19,989
SALESPERSON for at least two years; during at least two of the 19,990
five years preceding his THE PERSON'S application, has worked as 19,992
a licensed real estate broker or salesman SALESPERSON for an 19,994
average of at least thirty hours per week; and has completed one 19,995
465
of the following:
(a) At least twenty real estate transactions, in which 19,997
property was sold for another by the applicant while acting in 19,998
his THE capacity as OF a real estate broker or salesman 20,000
SALESPERSON;
(b) Such equivalent experience as is defined by rules 20,002
adopted by the commission; 20,003
(6)(a) If licensed as a real estate salesman SALESPERSON 20,005
prior to January 1, 1990, successfully has completed at an 20,006
institution of higher education all of the following: 20,007
(i) Thirty hours of classroom instruction in real estate 20,009
practice; 20,010
(ii) Thirty hours of classroom instruction that includes 20,012
the subjects of Ohio real estate law, municipal, state, and 20,013
federal civil rights law, new case law on housing discrimination, 20,014
desegregation issues, and methods of eliminating the effects of 20,015
prior discrimination. If feasible, the classroom instruction in 20,016
Ohio real estate law shall be taught by a member of the faculty 20,017
of an accredited law school. If feasible, the classroom 20,018
instruction in municipal, state, and federal civil rights law, 20,019
new case law on housing discrimination, desegregation issues, and 20,020
methods of eliminating the effects of prior discrimination shall 20,021
be taught by a staff member of the Ohio civil rights commission 20,022
who is knowledgeable with respect to those subjects. The 20,023
requirements of this division do not apply to an applicant who is 20,024
admitted to practice before the supreme court. 20,025
(iii) Thirty hours of classroom instruction in real estate 20,027
appraisal; 20,028
(iv) Thirty hours of classroom instruction in real estate 20,030
finance; 20,031
(v) Three quarter hours, or its equivalent in semester 20,033
hours, in financial management; 20,034
(vi) Three quarter hours, or its equivalent in semester 20,036
hours, in human resource or personnel management; 20,037
466
(vii) Three quarter hours, or its equivalent in semester 20,039
hours, in applied business economics; 20,040
(viii) Three quarter hours, or its equivalent in semester 20,042
hours, in business law. 20,043
(b) Division (B)(6)(a) of this section does not apply to 20,045
any applicant who holds a valid real estate salesman's 20,046
SALESPERSON'S license issued prior to January 2, 1972, or to 20,047
applicants for a limited real estate broker's or salesman's 20,049
SALESPERSON'S license. Divisions (B)(6)(a)(v), (vi), (vii), and 20,050
(viii) of this section do not apply to any applicant who holds a 20,051
valid real estate salesman's SALESPERSON'S license issued prior 20,052
to January 3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 20,054
or after January 3, 1984, satisfactorily has completed a minimum 20,055
of two years of post-secondary education, or its equivalent in 20,056
semester or quarter hours, at an institution of higher education, 20,057
and has fulfilled the requirements of division (B)(6)(a) of this 20,058
section. The requirements of division (B)(6)(a) of this section 20,059
may be included in the two years of post-secondary education, or 20,060
its equivalent in semester or quarter hours, that is required by 20,061
this division. 20,062
(C) Each applicant for a broker's license shall be 20,064
examined in the principles of real estate practice, Ohio real 20,065
estate law, and financing and appraisal, and as to the duties of 20,066
real estate brokers and real estate salesmen SALESPERSONS, the 20,067
applicant's knowledge of real estate transactions and instruments 20,068
relating to them, and the canons of business ethics pertaining to 20,069
them. The commission from time to time shall promulgate such 20,070
canons and cause them to be published in printed form. 20,071
Each applicant for a limited real estate broker's or 20,073
limited real estate salesman's SALESPERSON'S license shall be 20,074
examined only in the areas specified in section 4735.091 of the 20,075
Revised Code.
(D) Examinations shall be given entirely in writing, 20,077
467
except that they shall be administered orally or in braille to 20,078
the blind, as defined in section 5109.15 of the Revised Code, or 20,079
orally to an individual whose physical disability, as supported 20,080
by a physician's statement, renders it impossible to take a 20,081
written examination. The contents of an examination shall be 20,082
consistent with the requirements of division (B)(6)(a) of this 20,083
section and with the other specific requirements of this section. 20,084
An applicant who has completed the requirements of division 20,085
(B)(6)(a) of this section at the time of application may be 20,086
examined at the next regularly scheduled examination after he THE 20,087
APPLICANT is notified of his admission to the examination. 20,088
(E) The superintendent may waive the requirement of 20,090
examination in the case of an application from a nonresident real 20,091
estate broker of a state having similar requirements and under 20,092
the laws of which similar recognition is extended to licensed 20,093
real estate brokers and real estate salesmen SALESPERSONS of this 20,095
state.
(F) There shall be no limit placed on the number of times 20,097
an applicant may retake the examination. 20,098
(G) The superintendent in his THE SUPERINTENDENT'S 20,100
discretion may waive the requirement of examination if the 20,102
applicant has been licensed as a real estate broker by the 20,103
superintendent or commission at some time during the two-year 20,104
period immediately preceding the date of the current application. 20,105
(H)(1) Within twelve months from the date of issuance of 20,107
any real estate broker's license issued on or after January 1, 20,108
1990, the licensee successfully shall complete, at an institution 20,109
of higher education or any other institution that is approved by 20,110
the commission, ten hours of classroom instruction in real estate 20,111
brokerage. That instruction shall include, but not be limited 20,112
to, current issues in managing a real estate company or office. 20,113
Upon completion of the instruction, the licensee shall cause to 20,114
be filed with the superintendent a certificate from the 20,115
institution showing that he THE LICENSEE successfully has 20,116
468
completed the requirements of this division. 20,117
If the instruction is not successfully completed within 20,119
twelve months, the license of the real estate broker is suspended 20,120
automatically without the taking of any action by the commission. 20,121
The broker then shall have one year after the date of the 20,122
suspension of his THE BROKER'S license to successfully complete 20,123
the instruction required under this division, and his THE 20,125
BROKER'S license shall not be reinstated by the superintendent 20,126
until it is established, to the satisfaction of the 20,127
superintendent, that the requirements of this division have been 20,128
met.
(2) If the license of a real estate broker is suspended 20,130
pursuant to division (H)(1) of this section, the license of a 20,131
real estate salesman SALESPERSON associated with that broker 20,132
correspondingly is suspended pursuant to division (B) of section 20,134
4735.20 of the Revised Code. However, the suspended license of 20,135
the associated real estate salesman SALESPERSON shall be 20,136
reinstated REACTIVATED and no fee shall be charged or collected 20,138
for that reinstatement REACTIVATION if all of the following 20,140
occur:
(a) That broker subsequently submits satisfactory proof to 20,142
the superintendent that he THE BROKER has complied with the 20,143
requirements of division (H)(1) of this section and requests that 20,145
his THE BROKER'S license as a real estate broker be reinstated; 20,146
(b) The superintendent then reinstates his REACTIVATES THE 20,148
BROKER'S license as a real estate broker; 20,150
(c) The associated real estate salesman SALESPERSON 20,152
intends to continue to be associated with that broker and 20,153
otherwise is in compliance with this chapter. 20,154
Sec. 4735.09. (A) Application for a license as a real 20,164
estate salesman SALESPERSON shall be made in writing to the 20,165
superintendent of real estate on blanks FORMS furnished by the 20,166
superintendent and signed and sworn to by the applicant. The 20,169
application shall be in the form prescribed by the superintendent 20,170
469
and shall contain such information as is required by this chapter 20,171
and the rules of the Ohio real estate commission. The 20,172
application shall be accompanied by a recent photograph of the 20,173
applicant and the recommendation of the real estate broker with 20,174
whom he THE APPLICANT is associated or with whom he THE APPLICANT 20,175
intends to be associated, certifying that the applicant is 20,177
honest, truthful, and of good reputation, has not been convicted 20,178
of a felony or a crime involving moral turpitude, and has not 20,179
been finally adjudged by a court to have violated any municipal, 20,180
state, or federal civil rights laws relevant to the protection of 20,181
purchasers or sellers of real estate, which conviction or 20,182
adjudication the applicant has not disclosed to the 20,183
superintendent, and recommending that the applicant be admitted 20,184
to the examination for real estate salesman. 20,185
(B) A fee of forty-nine dollars shall accompany the 20,188
application, which fee shall include the license if it is issued. 20,189
The application fee shall be retained by the superintendent if 20,190
the applicant is admitted to the examination for the license or 20,191
the examination requirement is waived, but, if an applicant is 20,192
not so admitted and a waiver is not involved, one-half of the fee 20,193
shall be retained by the superintendent to cover the expenses of 20,194
processing the application and the other one-half shall be 20,195
returned to the applicant. A fee of forty-nine dollars shall be 20,197
charged by the superintendent for each successive application 20,198
made by the applicant. Four dollars of each fee shall be 20,200
credited to the real estate education and research fund. 20,201
(C) There shall be no limit placed on the number of times 20,203
an applicant may retake the examination. 20,204
(D) The superintendent, with the consent of the 20,206
commission, may enter into an agreement with a recognized 20,207
national testing service to administer the real estate salesman's 20,208
SALESPERSON'S examination under his THE SUPERINTENDENT'S 20,209
supervision and control, consistent with the requirements of this 20,211
chapter as to the contents of such examination.
470
If the superintendent, with the consent of the commission, 20,213
enters into an agreement with a national testing service to 20,214
administer the real estate salesman's SALESPERSON'S examination, 20,215
the superintendent may require an applicant to pay the TESTING 20,216
SERVICE'S examination fee directly to the testing service. If 20,218
the superintendent requires the payment of the examination fee 20,219
directly to the testing service, the fee which accompanies the 20,220
application to take the salesman's SALESPERSON'S examination 20,221
shall be reduced by the amount paid to the testing service. 20,222
(E) The superintendent shall issue a real estate 20,224
salesman's SALESPERSON'S license when satisfied that the 20,225
applicant has received a grade of seventy-five per cent or better 20,227
on the salesman's SALESPERSON'S examination, except that the 20,228
superintendent may waive the requirement of examination if the 20,229
applicant was licensed by the commission or superintendent at 20,230
some time within the two-year period immediately preceding the 20,231
date of the current application IN THE CASE OF AN APPLICATION 20,232
FROM A NONRESIDENT REAL ESTATE SALESPERSON OF A STATE HAVING 20,233
SIMILAR REQUIREMENTS AND UNDER THE LAWS OF WHICH SIMILAR
RECOGNITION IS EXTENDED TO REAL ESTATE BROKERS AND SALESPERSONS 20,234
OF THIS STATE.
(F) No person shall take the salesman's SALESPERSON'S 20,236
examination who has not established to the satisfaction of the 20,237
superintendent that he THE PERSON: 20,238
(1) Is honest, truthful, and of good reputation; 20,240
(2)(a) Has not been convicted of a felony or crime of 20,242
moral turpitude or, if he THE PERSON has been so convicted, the 20,243
superintendent has disregarded the conviction because the 20,244
applicant has proven to the superintendent, by a preponderance of 20,245
the evidence, that his THE APPLICANT'S activities and employment 20,246
record since the conviction show that he THE APPLICANT is honest, 20,248
truthful, and of good reputation, and there is no basis in fact 20,250
for believing that he THE APPLICANT again will violate the laws 20,251
involved;
471
(b) Has not been finally adjudged by a court to have 20,253
violated any municipal, state, or federal civil rights laws 20,254
relevant to the protection of purchasers or sellers of real 20,255
estate or, if he THE APPLICANT has been so adjudged, at least two 20,257
years have passed since the court decision and the superintendent 20,258
has disregarded the adjudication because the applicant has 20,259
proven, by a preponderance of the evidence, that he THE APPLICANT 20,260
is honest, truthful, and of good reputation, and there is no 20,261
basis in fact for believing that he THE APPLICANT again will 20,263
violate the laws involved.
(3) Has not, during any period in which he THE PERSON was 20,265
licensed under this chapter, violated any provision of, or any 20,266
rule adopted pursuant to this chapter, or, if he THE PERSON has 20,267
violated such provision or rule, has established to the 20,268
satisfaction of the superintendent that he THE PERSON will not 20,269
again violate such provision or rule; 20,270
(4) Is at least eighteen years of age; 20,272
(5) If born after the year 1950, has a high school diploma 20,274
or its equivalent as recognized by the state department of 20,275
education; 20,276
(6)(a) Has successfully completed at an institution of 20,278
higher education all of the following: 20,279
(i) Thirty hours of classroom instruction in real estate 20,281
practice; 20,282
(ii) Thirty hours of classroom instruction that includes 20,284
the subjects of Ohio real estate law, municipal, state, and 20,285
federal civil rights law, new case law on housing discrimination, 20,286
desegregation issues, and methods of eliminating the effects of 20,287
prior discrimination. If feasible, the classroom instruction in 20,288
Ohio real estate law shall be taught by a member of the faculty 20,289
of an accredited law school. If feasible, the classroom 20,290
instruction in municipal, state, and federal civil rights law, 20,291
new case law on housing discrimination, desegregation issues, and 20,292
methods of eliminating the effects of prior discrimination shall 20,293
472
be taught by a staff member of the Ohio civil rights commission 20,294
who is knowledgeable with respect to those subjects. The 20,295
requirements of this division do not apply to an applicant who is 20,296
admitted to practice before the supreme court. 20,297
(iii) Thirty hours of classroom instruction in real estate 20,299
appraisal; 20,300
(iv) Thirty hours of classroom instruction in real estate 20,302
finance. 20,303
(b) Any person who has not been licensed as a real estate 20,305
salesman SALESPERSON or broker within a four-year period 20,306
immediately preceding his THE PERSON'S current application for 20,307
the salesman's SALESPERSON'S examination shall have successfully 20,308
completed the classroom instruction required by division 20,310
(F)(6)(a) of this section within a ten-year period immediately 20,311
preceding his THE PERSON'S current application for the salesman's 20,312
SALESPERSON'S examination.
(G) Within twelve months from the date of issuance of any 20,314
real estate salesman's license issued on or after January 4, 20,316
1988, and prior to January 1, 1990, or within twenty-four months
from the date of issuance of any real estate salesman's license 20,318
issued on or after January 1, 1987, and prior to January 4, 1988, 20,319
the licensee shall submit proof of successful completion, at an 20,320
institution of higher education, of thirty hours of classroom 20,321
instruction in both real estate appraisal and real estate 20,322
finance. Within twelve months from the date of issuance of any 20,323
real estate saleman's license issued on or after January 1, 1990 20,325
THE INITIAL CONTINUING EDUCATION CYCLE AS ESTABLISHED IN THE 20,326
SCHEDULE FOR EACH LICENSEE IN DIVISION (A) OF SECTION 4735.141 OF 20,327
THE REVISED CODE, the licensee shall submit proof of successful 20,328
completion, at an institution of higher education or any other 20,329
institution approved by the commission, of ten hours of classroom 20,330
instruction in real estate courses that cover current issues 20,331
regarding consumers, real estate practice, ethics, and real 20,332
estate law. Upon completion of the instruction, the licensee 20,333
473
shall cause to have filed with the superintendent a certificate 20,334
from the institution showing that he THE LICENSEE successfully 20,335
has completed the requirements of this division. If proof of 20,337
successful completion of the required instruction is not 20,338
submitted within the time period prescribed by this division, his 20,339
THE LICENSEE'S license is suspended automatically without the 20,340
taking of any action by the commission. The superintendent 20,341
immediately shall notify the broker with whom such salesman 20,342
SALESPERSON is associated of the suspension of his THE 20,343
SALESPERSON'S license. A salesman SALESPERSON whose license has 20,345
been suspended under this division shall have one year after the
date of the suspension of the SALESPERSON'S license to submit 20,346
proof of successful completion of the instruction required under 20,348
this division. No such license shall be reinstated REISSUED by 20,349
the superintendent until it is established, to the satisfaction 20,351
of the superintendent, that the requirements of this division 20,352
have been met. 20,353
(H) Examinations shall be given entirely in writing, 20,355
except that they shall be administered orally or in braille to 20,356
the blind, as defined in section 5109.15 of the Revised Code, or 20,357
orally to an individual whose physical disability, as supported 20,358
by a physician's statement, renders it impossible to take a 20,359
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 20,360
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 20,362
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 20,363
examination shall be consistent with the classroom instructional 20,365
requirements of division (F)(6)(a) of this section. All persons 20,366
whose applications are pending shall be notified by mail at least 20,367
sixty days prior to such examination, except that an applicant 20,368
who has completed the classroom instructional requirements of 20,369
division (F)(6)(a) of this section at the time of application may 20,370
be examined at the next regularly scheduled examination after he 20,371
THE APPLICANT is notified of his THE APPLICANT'S admission to the 20,373
examination. Nothing in this section shall be construed to 20,375
474
prevent an applicant from completing, in the discretion of the 20,376
superintendent, the classroom instructional requirements of 20,377
division (F)(6)(a) of this section concurrently with the 20,378
processing of his THE APPLICANT'S application for examination. 20,379
Sec. 4735.14. (A) Each license issued under this chapter, 20,389
shall be valid without further recommendation or examination 20,390
until CANCELED, revoked or, suspended, OR SUCH LICENSE EXPIRES BY 20,392
OPERATION OF LAW.
(B) Each real estate LICENSED broker licensee, BROKERAGE, 20,395
OR SALESPERSON shall file, on or before the date the Ohio real 20,397
estate commission has adopted by rule for that licensee in 20,398
accordance with division (A)(2)(e) of section 4735.10 of the
Revised Code, a certificate of continuation in business on a form 20,399
prescribed by the superintendent of real estate listing all real 20,400
estate salespersons. The certificate of continuation in business 20,402
shall be mailed by the superintendent to the licensee's place of 20,403
business PERSONAL RESIDENCE OF EACH BROKER OR SALESPERSON AND THE 20,404
PLACE OF BUSINESS OF THE BROKERAGE two months prior to THE filing 20,405
deadline.
(C) The license of any real estate broker, BROKERAGE, or 20,408
salesperson who THAT fails to file a certificate of continuation 20,409
prior to ON OR BEFORE the filing deadline of each ensuing year 20,411
shall be revoked, unless the superintendent, for good cause 20,412
shown, determines that the certificate of continuation could not 20,413
have been filed by the filing deadline, but is filed within 20,414
fifteen days from that date CANCELED. A CANCELED LICENSE MAY BE 20,415
REACTIVATED WITHIN ONE YEAR OF CANCELLATION, PROVIDED THAT THE 20,416
RENEWAL FEE PLUS A PENALTY FEE OF FIFTY PER CENT OF THE RENEWAL 20,417
FEE IS PAID TO THE SUPERINTENDENT. FAILURE TO REACTIVATE THE 20,418
LICENSE AS PROVIDED IN THIS DIVISION SHALL RESULT IN REVOCATION
OF THE LICENSE. NO PERSON, PARTNERSHIP, ASSOCIATION, 20,419
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNERSHIP 20,420
SHALL ENGAGE IN ANY ACT OR ACTS FOR WHICH A REAL ESTATE LICENSE 20,421
IS REQUIRED WHILE THAT ENTITY'S LICENSE IS CANCELED OR REVOKED. 20,422
475
Sec. 4735.141. (A) Except as otherwise provided in this 20,432
division, on or before January 31, 1983, and on or before the 20,433
thirty-first day of January of every third year thereafter, each 20,434
licensee who was licensed by the state prior to January 1, 1980, 20,435
as a real estate broker or salesperson shall submit proof 20,436
satisfactory to the superintendent of real estate that the 20,437
licensee has satisfactorily completed, during the preceding three 20,438
years, thirty classroom hours of continuing education as 20,439
prescribed by the Ohio real estate commission pursuant to section 20,440
4735.10 of the Revised Code. Persons licensed as real estate 20,441
salespersons within the state on or after January 1, 1980, shall 20,442
submit the proof to the superintendent on or before the last day 20,443
of the month of the third year directly following the filing of 20,444
the certificate prescribed in division (G) of section 4735.09 of 20,445
the Revised Code, and every third year thereafter. Persons ALL 20,446
CONTINUING EDUCATION REQUIRED TO BE COMPLETED AND SUBMITTED TO 20,447
THE DIVISION OF REAL ESTATE AND PROFESSIONAL LICENSING ON OR 20,448
AFTER JANUARY 1, 1999, SHALL BE REPORTED IN ACCORDANCE WITH THE 20,449
FOLLOWING SCHEDULE.
(1) ALL CONTINUING EDUCATION DUE IN THE YEAR 1999, SHALL 20,451
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,452
RENEWAL DATE IN THE YEAR 2000, AND ON THE SAME DATE EVERY THREE 20,453
YEARS THEREAFTER.
(2) ALL CONTINUING EDUCATION DUE IN THE YEAR 2000, SHALL 20,455
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,456
RENEWAL DATE IN THE YEAR 2001, AND ON THE SAME DATE EVERY THREE 20,457
YEARS THEREAFTER.
(3) ALL CONTINUING EDUCATION DUE IN THE YEAR 2001, SHALL 20,459
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,460
RENEWAL DATE IN THE YEAR 2002, AND ON THE SAME DATE EVERY THREE 20,461
YEARS THEREAFTER.
(4) ALL PERSONS LICENSED AS REAL ESTATE SALESPERSONS ON OR 20,463
AFTER JANUARY 1, 1999, SHALL BE REQUIRED TO COMPLETE AND SUBMIT 20,464
TO THE DIVISION THIRTY HOURS OF CONTINUING REAL ESTATE EDUCATION 20,465
476
IN ADDITION TO THE TEN-HOUR SALES POST LICENSURE COURSE, AS 20,466
REQUIRED PURSUANT TO DIVISION (G) OF SECTION 4735.09 OF THE 20,467
REVISED CODE, ON OR BEFORE THE THIRD ANNIVERSARY OF THEIR INITIAL 20,468
RENEWAL DATE. SUBSEQUENT CONTINUING REAL ESTATE CONTINUING
EDUCATION OF THIRTY HOURS REQUIRED PURSUANT TO THIS SECTION SHALL 20,469
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,470
RENEWAL DATE EVERY THREE YEARS THEREAFTER. 20,471
(5) ALL PERSONS WHOSE LICENSE IS REISSUED PURSUANT TO 20,473
DIVISION (D) OF THIS SECTION SHALL COMPLETE AND SUBMIT THIRTY 20,474
HOURS OF CONTINUING REAL ESTATE EDUCATION TO THE DIVISION ON OR 20,475
BEFORE THE THIRD ANNIVERSARY OF THEIR LICENSE RENEWAL DATE. 20,476
(B) PERSONS licensed as real estate salespersons who 20,479
subsequently become licensed real estate brokers, shall continue 20,480
to submit proof of continuing education on IN ACCORDANCE WITH the 20,481
schedule established when they were licensed real estate 20,483
salespersons. The IN DIVISION (A) OF THIS SECTION. 20,484
THE requirements of this section shall not apply to persons 20,487
licensed under section 4735.091 of the Revised Code or to any 20,488
physically handicapped licensee as provided in division (E) of
this section. 20,489
Each licensee who is seventy years of age or older on the 20,491
effective date of this amendment, and each licensee who will be 20,493
seventy years of age or older within three years after the 20,494
effective date of this amendment JUNE 14, 1999, shall submit 20,495
proof satisfactory to the superintendent OF REAL ESATE that the 20,496
licensee has satisfactorily completed during the three-year 20,498
period commencing on the effective date of this amendment, and 20,499
every three-year period thereafter, a total of nine classroom 20,501
hours of continuing education, including instruction in Ohio real 20,502
estate law; recently enacted state and federal laws affecting the 20,503
real estate industry; municipal, state, and federal civil rights 20,505
law; and canons of ethics for the real estate industry as adopted 20,506
by the commission IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED IN
DIVISION (A) OF THIS SECTION. The commission shall adopt 20,507
477
reasonable rules in accordance with Chapter 119. of the Revised 20,509
Code to carry out the purposes of this paragraph. 20,510
A person providing any course of continuing education may 20,512
administer examinations to licensees for the purpose of 20,513
evaluating the effectiveness of the course, but passage of an 20,514
examination by a licensee shall not be a condition for successful 20,515
completion of the continuing education requirements of this 20,516
section. 20,517
(B)(C) The continuing education requirements of this 20,519
section shall be completed in schools, seminars, and educational 20,520
institutions approved by the commission. Such approval shall be 20,521
given according to rules established by the commission under the 20,522
procedures of Chapter 119. of the Revised Code, and shall not be 20,523
limited to institutions providing two-year or four-year degrees. 20,524
Each school, seminar, or educational institution approved under 20,525
this division shall be open to all licensees on an equal basis. 20,526
(C)(D) If the requirements of this section are not met by 20,528
a licensee within the period specified, the licensee's license 20,529
shall be suspended automatically without the taking of any action 20,530
by the superintendent. The superintendent shall notify the 20,531
licensee of the license suspension. Any license so suspended 20,532
shall remain suspended until it is reinstated REISSUED by the 20,533
superintendent. No such license shall be reinstated REISSUED 20,535
until it is established, to the satisfaction of the 20,537
superintendent, that the requirements of this section have been 20,538
met. If the requirements of this section are not met within two 20,539
years ONE YEAR from the date the license was suspended, the 20,541
license shall be revoked automatically without the taking of any 20,542
action by the commission. A person whose license has been 20,543
revoked and whose revoked license was issued prior to January 1, 20,544
1980, may have the person's license reinstated REISSUED by the 20,545
superintendent at any time after it has been revoked upon 20,546
submitting proof satisfactory to the superintendent that the 20,547
person has satisfactorily completed during the period since the 20,548
478
revocation of the person's license thirty classroom hours of 20,549
continuing education as prescribed by the commission pursuant to 20,550
section 4735.10 of the Revised Code. Upon reinstatement 20,551
REISSUANCE of the person's license, the licensee shall comply 20,553
with the educational requirements of division (A)(5) of this 20,554
section.
(D)(E) If the license of a real estate broker is suspended 20,556
pursuant to division (C)(D) of this section, the license of a 20,557
real estate salesperson associated with that broker 20,559
correspondingly is suspended pursuant to division (B) of section 20,561
4735.20 of the Revised Code. However, the suspended license of 20,562
the associated real estate salesperson shall be reinstated 20,563
REISSUED and no fee shall be charged or collected for that 20,565
reinstatement REISSUANCE if all of the following occur: 20,567
(1) That broker subsequently submits proof to the 20,569
superintendent that the broker has complied with the requirements 20,570
of this section and requests that the broker's license as a real 20,571
estate broker be reinstated; REISSUED. 20,572
(2) The superintendent then reinstates REISSUES the 20,574
broker's license as a real estate broker;. 20,576
(3) The associated real estate salesperson intends to 20,578
continue to be associated with that broker, has complied with the 20,579
requirements of this section, and otherwise is in compliance with 20,580
this chapter. 20,581
(E)(F) Any licensee who is a physically handicapped 20,583
licensee at any time during the last three months of the third 20,584
year of the licensee's continuing education reporting period may 20,585
receive an extension of time to submit proof to the 20,586
superintendent that the licensee has satisfactorily completed the 20,587
required thirty hours of continuing education. To receive an 20,588
extension of time, the licensee shall submit a request to the 20,589
division of real estate for the extension and proof satisfactory 20,590
to the commission that the licensee was a physically handicapped 20,591
licensee at some time during the last three months of the 20,592
479
three-year reporting period. The proof shall include, but is not 20,593
limited to, a signed statement by the licensee's attending
physician describing the physical disability, certifying that the 20,594
licensee's disability is of such a nature as to prevent the 20,595
licensee from attending any classroom instruction lasting at 20,596
least three hours in duration, and stating the expected duration 20,597
of the physical disability. The licensee shall request the 20,598
extension and provide the physician's statement to the division 20,599
no later than one month prior to the end of the licensee's 20,600
three-year continuing education reporting period, unless the 20,601
physical disability did not arise until the last month of the 20,602
three-year reporting period, in which event the licensee shall 20,603
request the extension and provide the physician's statement as 20,604
soon as practical after the occurrence of the physical 20,605
disability. A licensee granted an extension pursuant to this 20,606
division who is no longer a physically handicapped licensee and 20,607
who submits proof of completion of the continuing education 20,608
during the extension period, shall submit, for future continuing 20,609
education reporting periods, proof of completion of the 20,610
continuing education requirements according to the schedule 20,611
established in division (A) of this section.
Sec. 4736.12. (A) The state board of sanitarian 20,620
registration shall charge the following fees: 20,621
(1) To apply as a sanitarian-in-training, forty-five 20,623
FIFTY-FIVE dollars; 20,624
(2) For sanitarians-in-training to apply for registration 20,626
as sanitarians, forty-five FIFTY-FIVE dollars. The applicant 20,627
shall pay this fee only once regardless of the number of times 20,629
the applicant takes an examination required under section 4736.08 20,630
of the Revised Code.
(3) For persons other than sanitarians-in-training to 20,632
apply for registration as sanitarians, including persons meeting 20,633
the requirements of section 4736.16 of the Revised Code, ninety 20,634
ONE HUNDRED TEN dollars. The applicant shall pay this fee only 20,636
480
once regardless of the number of times the applicant takes an 20,637
examination required under section 4736.08 of the Revised Code. 20,638
(4) The renewal fee for registered sanitarians shall be 20,640
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 20,641
dollars and fifty cents. 20,643
(5) The renewal fee for sanitarians-in-training shall be 20,645
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 20,646
dollars and fifty cents. 20,648
(6) FOR LATE APPLICATION FOR RENEWAL, TWENTY-FIVE DOLLARS. 20,650
The board of sanitarian registration, with the approval of 20,652
the controlling board, may establish fees in excess of the 20,653
amounts provided in this section, provided that such fees do not 20,654
exceed the amounts permitted by this section by more than fifty 20,655
per cent. 20,656
(B) The board of sanitarian registration shall charge 20,658
separate fees for examinations as required by section 4736.08 of 20,659
the Revised Code, provided that the fees are not in excess of the 20,660
actual cost to the board of conducting the examinations. 20,661
(C) THE BOARD OF SANITARIAN REGISTRATION MAY ADOPT RULES 20,663
ESTABLISHING FEES FOR ALL OF THE FOLLOWING: 20,664
(1) APPLICATION FOR THE REGISTRATION OF A TRAINING AGENCY 20,666
APPROVED UNDER RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 20,667
4736.11 OF THE REVISED CODE AND FOR THE ANNUAL REGISTRATION 20,668
RENEWAL OF AN APPROVED TRAINING AGENCY.
(2) APPLICATION FOR THE REVIEW OF CONTINUING EDUCATION 20,670
HOURS SUBMITTED FOR THE BOARD'S APPROVAL BY APPROVED TRAINING 20,671
AGENCIES OR BY REGISTERED SANITARIANS OR SANITARIANS-IN-TRAINING. 20,672
Sec. 4741.17. (A) Applicants or registrants shall pay to 20,681
the state veterinary medical licensing board: 20,682
(1) For an initial VETERINARY license based on 20,684
examination, ON OR AFTER THE FIRST DAY OF MARCH in an 20,685
even-numbered year, three hundred seventy-five dollars, and ON OR 20,687
AFTER THE FIRST DAY OF MARCH in an odd-numbered year, two hundred 20,688
fifty dollars; 20,689
481
(2) For a VETERINARY license by reciprocity issued ON OR 20,691
AFTER THE FIRST DAY OF MARCH in an even-numbered year, four 20,693
hundred twenty-five dollars, and ON OR AFTER THE FIRST DAY OF 20,694
MARCH in an odd-numbered year, three hundred dollars; 20,695
(3) For a VETERINARY temporary permit, one hundred 20,697
dollars;
(4) For a duplicate license, thirty-five dollars; 20,699
(5) For the VETERINARY biennial renewal fee, where the 20,701
application is postmarked no later than the first day of March, 20,702
one hundred twenty-five FIFTY-FIVE dollars; where the application 20,703
is postmarked after the first day of March, but no later than the 20,706
first day of April, one TWO hundred seventy-five TWENTY-FIVE 20,707
dollars; and where the application is postmarked after the first 20,710
day of April, two FOUR hundred twenty-five FIFTY dollars; 20,712
(6) FOR AN INITIAL REGISTERED VETERINARY TECHNICIAN 20,714
REGISTRATION FEE ON OR AFTER THE FIRST DAY OF MARCH IN AN 20,715
ODD-NUMBERED YEAR, THIRTY-FIVE DOLLARS, AND ON OR AFTER THE FIRST 20,716
DAY OF MARCH IN AN EVEN-NUMBERED YEAR, TWENTY-FIVE DOLLARS; 20,717
(7) For the biennial RENEWAL registration fee of a 20,719
registered veterinary technician, where the application is 20,721
postmarked no later than the first day of March, twenty-five 20,722
THIRTY-FIVE dollars; where the application is postmarked after 20,725
the first day of March, but no later than the first day of April, 20,726
thirty FORTY-FIVE dollars; and where the application is 20,728
postmarked after the first day of April, thirty-five SIXTY 20,729
dollars;
(7)(8) For a specialist certificate, fifty dollars. The 20,731
certificate is not subject to renewal. 20,732
(8)(9) For the reinstatement of a suspended license, 20,734
seventy-five dollars; 20,736
(9)(10) For examinations offered by the board, a fee, 20,738
which shall be established by the board, in an amount adequate to 20,740
cover the expense of procuring, administering, and scoring 20,741
examinations.
482
(B) The board, subject to the approval of the controlling 20,743
board, may establish fees in excess of the amounts provided in 20,744
this section, provided that the fees do not exceed the amounts 20,745
permitted by this section by more than fifty per cent. 20,746
(C) For the purposes of divisions (A)(5) and (6)(7) of 20,748
this section, a date stamp of the office of the board may serve 20,749
in lieu of a postmark. 20,750
Sec. 4741.19. (A) Unless exempted under this chapter, no 20,759
person shall practice veterinary medicine, or any of its 20,760
branches, without a license issued by the board pursuant to 20,761
sections 4741.11 to 4741.13 of the Revised Code, a temporary 20,762
permit issued pursuant to section 4741.14 of the Revised Code, or 20,763
a registration certificate issued pursuant to division (C) of 20,764
this section, or with an inactive, expired, suspended, 20,765
terminated, or revoked license, temporary permit, or 20,766
registration. 20,767
(B) No veterinary student extern shall: 20,769
(1) Perform or assist surgery unless under the direct 20,771
supervision of a licensed veterinarian and unless the extern has 20,772
had the minimum education and experience prescribed by rule of 20,773
the board; 20,774
(2) Engage in any other work related to the practice of 20,776
veterinary medicine unless under the direct supervision of a 20,777
licensed veterinarian; 20,778
(3) Participate in the operation of a branch office, 20,780
clinic, or allied establishment unless a licensed veterinarian is 20,781
present on the establishment premises. 20,782
(C) No person shall act as a registered veterinary 20,784
technician unless he THE PERSON is registered with the board on a 20,786
biennial basis and pays the biennial registration fee. A
registered veterinary technician registration expires biennially 20,787
on the first day of March in the odd-numbered years, and may be 20,788
renewed in accordance with the standard renewal procedures 20,789
contained in Chapter 4745. of the Revised Code upon payment of 20,790
483
the biennial registration fee and fulfillment of ten continuing 20,791
education hours during the two years immediately preceding 20,792
renewal for registration. Each registered veterinary technician 20,793
shall notify in writing, the secretary of the board of any change 20,794
in his THE REGISTERED VETERINARY TECHNICIAN'S office address or 20,796
employment within ninety days after the change has taken place. 20,797
A registered veterinary technician operating under the 20,799
supervision of a licensed veterinarian may perform the following 20,800
duties: 20,801
(1) Prepare or supervise the preparation of patients, 20,803
instruments, equipment, and medications for surgery; 20,804
(2) Induce and monitor general anesthesia according to 20,806
medically recognized and appropriate methods; 20,807
(3) Collect or supervise the collection of specimens and 20,809
perform laboratory procedures as required by the supervising 20,810
veterinarian; 20,811
(4) Apply wound dressings, casts, or splints as required 20,813
by the supervising veterinarian; 20,814
(5) Assist a veterinarian in immunologic, diagnostic, 20,816
medical, and surgical procedures; 20,817
(6) Suture skin incisions; 20,819
(7) Dental prophylaxis; 20,821
(8) Administer or supervise the administration of topical, 20,823
oral, or parenteral medication under the direction of the 20,824
supervising veterinarian; 20,825
(9) Other ancillary veterinary technician functions that 20,827
are performed pursuant to the order and control and under the 20,828
full responsibility of a licensed veterinarian. 20,829
The degree of supervision by a licensed veterinarian over 20,831
the functions performed by the registered veterinary technician 20,832
shall be consistent with the standards of generally accepted 20,833
veterinary medical practices. 20,834
(D) A veterinarian licensed to practice in this state 20,836
shall not hold himself ONESELF out as a specialist unless he THE 20,839
484
VETERINARIAN has previously met the requirements of the American
veterinary medical association for a specialty or such other 20,840
requirements set by rule of the board and has paid the fee 20,841
required by division (A)(7)(8) of section 4741.17 of the Revised 20,842
Code.
(E) Notwithstanding division (A) of this section, any 20,844
animal owner or his THE OWNER'S designee may engage in the 20,845
practice of embryo transfer on the owner's animal if a licensed 20,846
veterinarian directly supervises the owner or his THE OWNER'S 20,847
designee and the means used to perform the embryo transfer are 20,848
nonsurgical.
Sec. 4747.05. (A) The hearing aid dealers and fitters 20,857
licensing board shall issue to each applicant, within sixty days 20,858
of receipt of a properly completed application and payment of two 20,859
hundred FIFTY dollars, a hearing aid dealer's or fitter's license 20,860
if the applicant, if an individual: 20,861
(1) Is at least eighteen years of age; 20,863
(2) Is a person of good moral character; 20,865
(3) Is free of contagious or infectious disease; 20,867
(4) Has successfully passed a qualifying examination 20,869
specified and administered by the board. 20,870
(B) If the applicant is a firm, partnership, association, 20,872
or corporation, the application, in addition to such information 20,873
as the board requires, shall be accompanied by an application for 20,874
a license for each person, whether owner or employee, of the 20,875
firm, partnership, association, or corporation, who engages in 20,876
dealing in or fitting of hearing aids, or shall contain a 20,877
statement that such applications are submitted separately. No 20,878
firm, partnership, association, or corporation licensed pursuant 20,879
to this chapter shall permit any unlicensed person to sell or fit 20,880
hearing aids. 20,881
(C) Each license issued expires on the thirtieth day of 20,883
January of the year following that in which it was issued. 20,884
Sec. 4747.06. (A) Each person engaged in the practice of 20,893
485
dealing in or fitting of hearing aids who holds a valid hearing 20,894
aid dealer's or fitter's license shall apply annually to the 20,895
hearing aid dealers and fitters licensing board for renewal of 20,896
such license under the standard renewal procedure specified in 20,897
Chapter 4745. of the Revised Code. The board shall issue to each 20,898
applicant, on proof of completion of the continuing education 20,899
required by division (B) of this section and payment of one 20,900
hundred twenty-five FIFTY dollars on or before the first day of 20,902
February, one hundred fifty SEVENTY-FIVE dollars on or before the 20,903
first day of March, or one TWO hundred seventy-five dollars 20,904
thereafter, a renewed hearing aid dealer's or fitter's license. 20,905
No person who applies for renewal of a hearing aid dealer's or 20,906
fitter's license that has expired shall be required to take any 20,907
examination as a condition of renewal provided application for 20,908
renewal is made within two years of the date such license 20,909
expired.
(B) Each person engaged in the practice of dealing in or 20,912
fitting of hearing aids who holds a valid hearing aid dealer's or 20,913
fitter's license shall complete each year not less than ten hours 20,914
of continuing professional education approved by the board. On a 20,916
form provided by the board, the person shall certify to the 20,918
board, at the time of license renewal pursuant to division (A) of 20,919
this section, that in the preceding year the person has completed 20,920
continuing education in compliance with this division and shall 20,921
submit any additional information required by rule of the board 20,923
regarding the continuing education. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing 20,926
the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements. 20,927
Continuing education may be applied to meet the requirement 20,930
of this division if it is provided or certified by any of the 20,931
following:
(1) The national institute of hearing instruments studies 20,933
committee of the international hearing society; 20,934
486
(2) The American speech-language hearing association; 20,937
(3) The American academy of audiology. 20,939
The board may excuse persons licensed under this chapter, 20,942
as a group or as individuals, from all or any part of the 20,943
requirements of this division because of an unusual circumstance,
emergency, or special hardship. 20,944
Sec. 4747.07. Each person who holds a hearing aid dealer's 20,953
or fitter's license and engages in the practice of dealing in and 20,955
fitting of hearing aids shall display such license in a 20,956
conspicuous place in his THE PERSON'S office or place of business 20,957
at all times. Each person who maintains more than one office or 20,958
place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing 20,959
board shall issue duplicate copies of a license upon receipt of a 20,961
properly completed application and payment of ten FIFTEEN dollars 20,962
for each copy requested.
Sec. 4747.10. Each person currently engaged in training to 20,971
become a licensed hearing aid dealer or fitter shall apply to the 20,972
hearing aid dealers and fitters licensing board for a hearing aid 20,973
dealer's and fitter's trainee permit. The board shall issue to 20,974
each applicant within thirty days of receipt of a properly 20,975
completed application and payment of seventy-five ONE HUNDRED 20,976
dollars, a trainee permit if such applicant is: 20,977
(A) At least eighteen years of age; 20,979
(B) The holder of a diploma from an accredited high 20,981
school, or possesses an equivalent education; 20,982
(C) A person of good moral character; 20,984
(D) Free of contagious or infectious disease. 20,986
Each trainee permit issued by the board expires one year 20,988
from the date it was first issued, and may be renewed once if the 20,989
trainee has not successfully completed the qualifying 20,990
requirements for licensing as a hearing aid dealer or fitter 20,991
before the expiration date of such permit. The board shall issue 20,992
a renewed permit to each applicant upon receipt of a properly 20,993
487
completed application and payment of seventy-five ONE HUNDRED 20,994
dollars. No person holding a trainee permit shall engage in the 20,995
practice of dealing in or fitting of hearing aids except while 20,996
under supervision by a licensed hearing aid dealer or fitter. 20,997
Sec. 4747.13. (A) Any person who wishes to make a 21,006
complaint against any person, firm, partnership, association, or 21,007
corporation licensed pursuant to this chapter shall submit such 21,008
complaint in writing to the hearing aid dealers and fitters 21,009
licensing board within one year from the date of the action or
event upon which the complaint is based. The hearing aid dealers 21,010
and fitters board shall determine whether the charges in the 21,011
complaint are of a sufficiently serious nature to warrant a 21,012
hearing before the board to determine whether the license or 21,013
permit held by the person complained against shall be revoked or 21,014
suspended. If the board determines that a hearing is warranted,
then it shall fix the time and place of such hearing and deliver 21,015
or cause to have delivered, either in person or by registered 21,016
mail, at least twenty days before the date of such hearing, an 21,017
order instructing the licensee complained against of the date, 21,018
time, and place where he THE LICENSEE shall appear before the 21,019
board. Such order shall include a copy of the complaint against 21,020
the licensee.
The board, and the licensee after receipt of the order and 21,022
a copy of the complaint made against him THE LICENSEE, may take 21,023
depositions in advance of the hearing, provided that each party 21,025
taking depositions shall give at least five days notice to the 21,026
other party of the time, date, and place where such depositions
shall be taken. Each party shall have the right to attend with 21,027
counsel the taking of such depositions and may cross-examine the 21,028
deponent or deponents. Each licensee appearing before the board 21,029
may be represented by counsel. No person shall have his THE 21,030
PERSON'S license or permit revoked or suspended without an 21,031
opportunity to present his THE PERSON'S case at a hearing before 21,032
the board, and the board shall grant a continuance or adjournment 21,034
488
of a hearing date for good cause. Each person whose license or 21,035
permit is suspended or revoked by the board may appeal such 21,036
action to the board or to the court of common pleas.
(B) The board shall petition the court of common pleas of 21,038
the county in which a person, firm, partnership, or corporation 21,039
on or after January 1, 1970, engages in the sale, practice of 21,041
dealing in or fitting of hearing aids, advertises or assumes such 21,042
practice, or engages in training to become a licensed hearing aid
dealer or fitter without first being licensed, for an order 21,043
enjoining any such acts or practices. The court may grant such 21,044
injunctive relief upon a showing that the respondent named in the 21,045
petition is engaging in such acts or practices without being 21,046
licensed under Chapter 4747. of the Revised Code THIS CHAPTER. 21,047
Sec. 4759.05. The Ohio board of dietetics shall: 21,056
(A) Adopt, amend, or rescind rules pursuant to Chapter 21,058
119. of the Revised Code to carry out the provisions of this 21,059
chapter, including rules governing the following: 21,060
(1) Selection and approval of a dietitian licensure 21,062
examination offered by the commission on dietetic registration or 21,063
any other examination; 21,064
(2) The examination of applicants for licensure as a 21,066
dietitian, to be held at least twice annually, as required under 21,067
division (A) of section 4759.06 of the Revised Code; 21,068
(3) Requirements for pre-professional dietetic experience 21,070
of applicants for licensure as a dietitian that are at least 21,071
equivalent to the requirements adopted by the commission on 21,072
dietetic registration; 21,073
(4) Requirements for a person holding a limited permit 21,075
under division (F) of section 4759.06 of the Revised Code and, 21,076
INCLUDING THE DURATION OF VALIDITY OF A LIMITED PERMIT; 21,077
(5) REQUIREMENTS FOR a licensed dietitian who places his A 21,080
license in inactive status under division (G) of section 4759.06
of the Revised Code, including a procedure for changing inactive 21,081
status to active status; 21,082
489
(5)(6) Continuing education requirements for renewal of a 21,084
license, except that the board may adopt rules to waive the 21,085
requirements for a person who is unable to meet the requirements 21,086
due to illness or other reasons. Rules adopted under this 21,087
division shall be consistent with the continuing education 21,088
requirements adopted by the commission on dietetic registration. 21,089
(6)(7) Any additional education requirements the board 21,091
considers necessary, for applicants who have not practiced 21,092
dietetics within five years of the initial date of application 21,093
for licensure; 21,094
(7)(8) Standards of professional responsibility and 21,096
practice for persons licensed under this chapter that are 21,097
consistent with those standards of professional responsibility 21,098
and practice adopted by the American dietetic association; 21,099
(8)(9) Formulation of a written application form for 21,101
licensure or license renewal that includes the statement that any 21,102
applicant who knowingly makes a false statement on the 21,103
application is guilty of a misdemeanor of the first degree under 21,104
section 2921.13 of the Revised Code; 21,105
(9)(10) Procedures for license renewal; 21,107
(10)(11) Establishing a time period after the notification 21,109
of a violation of section 4759.02 of the Revised Code, by which 21,110
the person notified must request a hearing by the board under 21,111
section 4759.09 of the Revised Code. 21,112
(B) Investigate alleged violations of section 4759.02 to 21,114
4759.10 of the Revised Code. In making its investigations, the 21,115
board may issue subpoenas, examine witnesses, and administer 21,116
oaths. 21,117
(C) Adopt a seal; 21,119
(D) Conduct meetings and keep records as are necessary to 21,121
carry out the provisions of this chapter; 21,122
(E) Publish, and make available to the public, upon 21,124
request and for a fee not to exceed the actual cost of printing 21,125
and mailing, the board's rules and requirements for licensure 21,126
490
adopted under division (A) of this section and a record of all 21,127
persons licensed under section 4759.06 of the Revised Code. 21,128
Sec. 4759.06. (A) The Ohio board of dietetics shall issue 21,137
or renew a license to practice dietetics to an applicant who: 21,138
(1) Has satisfactorily completed an application for 21,140
licensure in accordance with division (A) of section 4759.05 of 21,141
the Revised Code; 21,142
(2) Has paid the fee required under division (A) of 21,144
section 4759.08 of the Revised Code; 21,145
(3) Is a resident of the state or performs or plans to 21,147
perform dietetic services within the state; 21,148
(4) Is of good moral character; 21,150
(5) Has received a baccalaureate or higher degree from an 21,152
institution of higher education that is approved by the board or 21,153
a regional accreditation agency that is recognized by the council 21,154
on postsecondary accreditation, and has completed a program 21,155
consistent with the academic standards for dietitians established 21,156
by the American dietetic association; 21,157
(6) Has successfully completed a pre-professional dietetic 21,159
experience approved by the American dietetic association, or 21,160
experience approved by the board under division (A)(3) of section 21,161
4759.05 of the Revised Code; 21,162
(7) Has passed the examination approved by the board under 21,164
division (A)(1) of section 4759.05 of the Revised Code; 21,165
(8) Is an applicant for renewal of a license, and has 21,167
fulfilled the continuing education requirements adopted under 21,168
division (A)(5)(6) of section 4759.05 of the Revised Code. 21,169
(B) The board shall waive the requirements of divisions 21,171
(A)(5), (6), and (7) of this section and any rules adopted under 21,172
division (A)(6)(7) of section 4759.05 of the Revised Code if the 21,174
applicant presents satisfactory evidence to the board of current
registration as a registered dietitian with the commission on 21,175
dietetic registration. 21,176
(C) The board shall waive the requirements of division 21,178
491
(A)(7) of this section if the application for renewal is made 21,179
within two years after the date of license expiration. 21,180
(D) The board may waive the requirements of division 21,182
(A)(5), (6), or (7) of this section or any rules adopted under 21,183
division (A)(6)(7) of section 4759.05 of the Revised Code, if the 21,185
applicant presents satisfactory evidence of education, 21,186
experience, or passing an examination in another state or a 21,187
foreign country, that the board considers the equivalent of the 21,188
requirements stated in those divisions or rules. 21,189
(E) The board shall issue an initial license to practice 21,191
dietetics to an applicant who meets the requirements of division 21,192
(A) of this section. An initial license shall be valid from the 21,193
date of issuance through the thirtieth day of June following 21,194
issuance of the license. Each subsequent license shall be valid 21,195
from the first day of July through the thirtieth day of June. The 21,197
board shall renew the license of an applicant who is licensed to 21,198
practice dietetics and who meets the continuing education
requirements of division (A)(5)(6) of section 4759.05 of the 21,199
Revised Code. The renewal shall be pursuant to the standard 21,201
renewal procedure of sections 4745.01 to 4745.03 of the Revised 21,202
Code.
(F) The board may grant a limited permit to a person who 21,204
has completed the education and pre-professional requirements of 21,205
divisions (A)(5) and (6) of this section and who presents 21,206
evidence to the board of his application HAVING APPLIED to take 21,207
the examination approved by the board under division (A)(1) of 21,208
section 4759.05 of the Revised Code. The permit may be renewed 21,209
one time if the applicant has failed the examination and has 21,210
applied to take the next available examination. The permit and 21,211
renewal permit shall expire thirty days after the appropriate 21,212
examination results are made public. A person holding a limited 21,213
permit who has failed the examination shall practice only under 21,214
the direct supervision of a licensed dietitian. 21,215
(G) A licensed dietitian may place his THE license in 21,217
492
inactive status. 21,218
Sec. 4766.02. (A) There is hereby created the Ohio 21,227
ambulance licensing board, consisting of five voting members and 21,228
one nonvoting member who shall be residents of this state and 21,229
appointed by the governor with the advice and consent of the 21,230
senate. Except as provided in division (B) of this section, 21,231
members shall serve terms of two years. One voting member shall 21,232
be a member of the Ohio ambulance association; two voting 21,233
members, one of whom shall be a licensed funeral director, shall 21,234
be owners or operators of private emergency medical service 21,235
organizations operating in this state; one voting member shall be 21,236
a consumer of emergency medical services who is not associated 21,237
with any public or private emergency medical service 21,238
organization; and one voting member shall be an official with a 21,239
public emergency medical service organization. A physician who 21,240
holds a certificate to practice issued under Chapter 4731. of the 21,241
Revised Code who is a member of the American college of emergency 21,242
physicians shall serve as the nonvoting member. The board shall 21,243
annually select from its membership a chair and a vice-chair to 21,245
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 21,247
appointed for terms of one year and three for terms of two years. 21,248
Any member appointed to fill a vacancy occurring prior to the 21,249
expiration date of the term for which the member's predecessor 21,250
was appointed shall hold office for the remainder of that term. 21,251
Every member shall continue in office subsequent to the 21,252
expiration date of the member's term until the member's successor 21,254
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 21,255
(C) Three voting members shall constitute a quorum for the 21,257
transaction of business, and the affirmative vote of three 21,258
members is required for the board to take any official action. 21,259
The board, after notice and hearing, may remove a member by 21,260
majority vote for malfeasance, misfeasance, or nonfeasance. 21,261
493
Members of the board shall be reimbursed for actual and 21,263
necessary expenses incurred in attending meetings of the board 21,264
and in the performance of their official duties. The board may 21,265
hire such employees as are necessary to enable it to execute its 21,266
duties. 21,267
(D) The division of emergency medical services within the 21,269
department of public safety shall provide the board with office 21,270
space at no cost, but the board shall not be a part of the 21,271
division or the department. 21,272
(E) The board is the sole supervisory body regarding the 21,274
licensing of private ambulance service organizations in this 21,275
state.
Sec. 4766.04. (A) Except as otherwise provided in this 21,284
chapter, no person shall furnish, operate, conduct, maintain, 21,285
advertise, engage in, or propose or profess to engage in the 21,286
business or service of transporting persons who are seriously 21,287
ill, injured, or otherwise incapacitated in this state unless the 21,288
person is licensed pursuant to this section. 21,290
(B) To qualify for a license as a basic life-support, 21,292
intermediate life-support, or advanced life-support service 21,293
organization, an emergency medical service organization shall do 21,295
all of the following:
(1) Apply for a permit for each ambulance and nontransport 21,297
vehicle owned or leased as provided in section 4766.07 of the 21,299
Revised Code; 21,300
(2) Meet all requirements established in rules adopted by 21,303
the Ohio ambulance licensing board regarding ambulances and 21,304
nontransport vehicles, including requirements pertaining to 21,306
equipment, communications systems, staffing, and level of care 21,307
the particular organization is permitted to render; 21,308
(3) Maintain the appropriate type and amount of insurance 21,310
or self-insurance as specified in section 4766.06 of the Revised 21,311
Code; 21,312
(4) Meet all other requirements established under rules 21,314
494
adopted by the board for the particular license. 21,316
(C) To apply for a license as a basic life-support, 21,318
intermediate life-support, or advanced life-support service 21,319
organization, an emergency medical service organization shall 21,320
submit a completed application to the board, on a form provided 21,322
by the board for each particular license, together with the 21,323
appropriate fees established under section 4766.05 of the Revised 21,324
Code. The application form shall include all of the following: 21,325
(1) The name and business address of the operator of the 21,327
organization for which licensure is sought; 21,328
(2) The name under which the applicant will operate the 21,330
organization; 21,331
(3) A list of the names and addresses of all officers and 21,333
directors of the organization; 21,334
(4) A description of each vehicle to be used, including 21,336
the make, model, year of manufacture, mileage, vehicle 21,337
identification number, and the color scheme, insignia, name, 21,338
monogram, or other distinguishing characteristics to be used to 21,339
designate the applicant's vehicle; 21,340
(5) The location and description of each place from which 21,342
the organization will operate; 21,343
(6) A description of the geographic area to be served by 21,345
the applicant; 21,346
(7) Any other information the board, by rule, determines 21,348
necessary. 21,349
(D) Within sixty days after receiving a completed 21,351
application for licensure as a basic life-support, intermediate 21,352
life-support, or advanced life-support service organization, the 21,353
board shall approve or deny the application. The board shall 21,354
deny an application if it determines that the applicant does not 21,355
meet the requirements of this chapter or any rules adopted under 21,357
it. The board shall send notice of the denial of an application 21,359
by certified mail to the applicant. The applicant may request a 21,360
hearing within ten days after receipt of the notice. If the 21,361
495
board receives a timely request, it shall hold a hearing in 21,363
accordance with Chapter 119. of the Revised Code. 21,364
(E) If an applicant or licensee operates or plans to 21,366
operate an organization in more than one location under the same 21,367
or different identities, the applicant or licensee shall apply 21,368
for and meet all requirements for licensure or renewal of a 21,369
license, other than payment of a license fee or renewal fee, for 21,370
operating the organization at each separate location. An 21,371
applicant or licensee that operates or plans to operate under the 21,372
same organization identity in separate locations shall pay only a 21,373
single license fee. 21,374
(F) Each license issued under this section and each permit 21,376
issued under section 4766.07 of the Revised Code expires two 21,377
years ONE YEAR after the date of issue ISSUANCE and may be 21,379
renewed in accordance with the standard renewal procedures of 21,381
Chapter 4745. of the Revised Code, EXCEPT THAT A LICENSE OR 21,382
PERMIT ISSUED IN 1998 OR IN 1999 PRIOR TO THE EFFECTIVE DATE OF 21,383
THIS AMENDMENT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. 21,384
An application for renewal shall include the license or permit 21,386
renewal fee established under section 4766.05 of the Revised 21,388
Code. An applicant for renewal of a permit also shall submit to 21,389
the board proof of an annual inspection of the vehicle for which 21,391
permit renewal is sought. The board shall renew a license if the 21,392
applicant meets the requirements for licensure and shall renew a 21,394
permit if the applicant and vehicle meet the requirements to 21,395
maintain a permit for that vehicle.
(G) Each licensee shall maintain accurate records of all 21,397
service responses conducted. The records shall be maintained on 21,399
forms prescribed by the board and shall contain information as 21,401
specified by rule by the board.
Sec. 4766.05. (A) The Ohio ambulance licensing board 21,411
shall establish by rule a license fee, a permit fee for each 21,412
ambulance and nontransport vehicle owned or leased by the 21,413
licensee that is or will be used as provided in section 4766.07 21,414
496
of the Revised Code, and fees for renewals of licenses and 21,415
permits, taking into consideration the actual costs incurred by 21,416
the board in carrying out its duties under this chapter. However, 21,418
the fee for each license and each renewal of a license shall not 21,419
exceed two ONE hundred dollars, and the fee for each permit and 21,421
each renewal of a permit shall not exceed one hundred FIFTY
dollars for each ambulance and nontransport vehicle. For 21,423
purposes of establishing fees, "actual costs" include INCLUDES 21,424
the costs of salaries, expenses, inspection equipment, 21,426
supervision, and program administration. 21,427
(B) The board shall deposit all fees and other moneys 21,429
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of 21,430
the Revised Code in the state treasury to the credit of the 21,431
ambulance licensing trust fund, which is hereby created. All 21,432
moneys from the fund shall be used solely for the salaries and 21,433
expenses of the board incurred in implementing and enforcing this 21,434
chapter. 21,435
Sec. 4766.07. (A) Each emergency medical service 21,444
organization subject to licensure under this chapter shall 21,445
possess a valid permit for each ambulance and nontransport 21,446
vehicle it owns or leases that is or will be used by the licensee 21,448
to perform the services permitted by the license. Each licensee 21,449
and license applicant shall submit the appropriate fee and an 21,450
application for a permit for each ambulance and nontransport 21,451
vehicle to the Ohio ambulance licensing board on forms provided 21,453
by the board. The application shall include documentation that 21,454
the vehicle meets the appropriate standards set by the board, 21,455
that the vehicle has been inspected pursuant to division (C) of 21,457
this section, that the permit applicant maintains insurance or 21,458
self-insurance as provided in section 4766.06 of the Revised
Code, and that the vehicle and permit applicant meet any other 21,461
requirements established under rules adopted by the board. 21,463
(B)(1) Within sixty days after receiving a completed 21,465
application for a permit, the board shall issue or deny the 21,466
497
permit. The board shall deny an application if it determines 21,467
that the permit applicant or vehicle does not meet the 21,468
requirements of this chapter and the rules adopted under it that 21,470
apply to permits for ambulances and nontransport vehicles. The 21,472
board shall send notice of the denial of an application by 21,473
certified mail to the permit applicant. The permit applicant may 21,474
request a hearing within ten days after receipt of the notice. 21,475
If the board receives a timely request, it shall hold a hearing 21,476
in accordance with Chapter 119. of the Revised Code. 21,477
(2) If the board issues the vehicle permit, it also shall 21,479
issue a decal, in a form prescribed by rule, to be displayed on 21,480
the rear window of the vehicle. The board shall not issue a 21,481
decal until all of the requirements for licensure and permit 21,482
issuance have been met. 21,483
(C) In addition to any other requirements that the board 21,485
establishes by rule, a licensee or license applicant applying for 21,486
an initial vehicle permit under division (A) of this section 21,487
shall submit to the state highway patrol and the board the 21,488
vehicle for which the permit is sought. Thereafter, a licensee 21,490
shall annually submit to the state highway patrol and the board 21,491
each vehicle for which a permit has been issued. 21,492
(1) The state highway patrol shall conduct a physical 21,494
inspection of an ambulance or nontransport vehicle to determine 21,495
its roadworthiness and compliance with standard motor vehicle 21,496
requirements. 21,497
(2) The board shall conduct a physical inspection of the 21,499
medical equipment, communication system, and interior of an 21,501
ambulance to determine the operational condition and safety of 21,504
the equipment and the ambulance's interior and to determine 21,506
whether the ambulance is in compliance with the federal 21,507
requirements for ambulance construction that were in effect at 21,509
the time the ambulance was manufactured, as specified by the 21,512
general services administration in the various versions of its 21,513
publication titled "federal specification for the star-of-life 21,514
498
ambulance, KKK-A-1822." 21,515
(3) The board and state highway patrol shall issue a 21,517
certificate to the applicant for each vehicle that passes the 21,519
inspection and may assess a fee for each inspection, as 21,520
established by the board.
(4) The board, in consultation with the state highway 21,522
patrol, shall adopt rules regarding the implementation and 21,523
coordination of the state highway patrol and board inspections. 21,524
The rules may permit the board to contract with a third party to 21,525
conduct the inspections required of the board under this section. 21,526
(D) If an emergency medical service organization that has 21,528
made timely application to the board for a vehicle permit has 21,529
reasonable cause to believe that the state highway patrol will 21,530
not be able to conduct the required inspection before the date by 21,531
which the organization is required to renew the registration of 21,532
the ambulance or nontransport vehicle with the bureau of motor 21,534
vehicles, the organization may apply to the board for a temporary 21,535
vehicle permit. Such a permit shall be valid for a period of no 21,536
more than thirty days from the date of issuance, and shall be 21,537
accepted by the registrar of motor vehicles when the organization 21,538
applies for registration of the vehicle under section 4503.49 of 21,540
the Revised Code. 21,541
Sec. 4773.04. (A) The department of health shall examine, 21,550
or PURSUANT TO SECTION 3701.044 OF THE REVISED CODE contract with 21,551
another entity to examine, each qualified applicant for a license 21,553
issued under this chapter. To be eligible for admittance to an 21,554
examination, an applicant must submit evidence satisfactory to 21,555
the department or other examiner that the applicant has
successfully completed a course of study in the appropriate area 21,556
of practice and the course of study must have been conducted by 21,557
an educational program accredited by the department under section 21,558
4773.07 of the Revised Code.
In examining or providing CONTRACTING for the examination 21,560
of applicants, the department shall ensure that an opportunity to 21,562
499
take an examination is available as follows: 21,564
(1) At least once each month for individuals applying to 21,566
be licensed as general x-ray machine operators; 21,567
(2) At least three times each year for individuals 21,569
applying to be licensed as radiographers, radiation therapy 21,570
technologists, or nuclear medicine technologists. 21,571
(B) The department shall develop OR CONTRACT FOR a 21,573
separate examination for each type of license issued under this 21,574
chapter. An examination may consist of all or part of any 21,576
standard examination created by other entities ANY ENTITY for 21,577
purposes of determining the competence of individuals to practice 21,579
as general x-ray machine operators, radiographers, radiation 21,580
therapy technologists, or nuclear medicine technologists. 21,581
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 21,590
of the Revised Code: 21,591
(1) "Uniform registration" has the same meaning as 21,593
"registration" as used in the final report submitted to the 21,594
United States secretary of transportation, pursuant to subsection 21,595
(c) of section 22 of the "Hazardous Materials Transportation 21,596
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 21,597
1819.
(2) "Uniform permit" has the same meaning as "permit" as 21,599
used in the final report submitted to the United States secretary 21,600
of transportation, pursuant to subsection (c) of section 22 of 21,601
the "Hazardous Materials Transportation Uniform Safety Act of 21,602
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 21,603
(B)(1) The public utilities commission may adopt rules 21,605
applicable to the uniform registration and uniform permitting of 21,606
persons engaged in the highway transportation of hazardous 21,607
materials into, through, or within this state. Until November 21,608
17, 2000, rules adopted under this division shall be consistent 21,610
with, and equivalent in scope, coverage, and content to, the 21,611
final report submitted to the United States secretary of 21,612
transportation pursuant to subsection (c) of section 22 of the 21,613
500
"Hazardous Materials Transportation Uniform Safety Act of 1990," 21,614
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 21,615
November 17, 2000, the rules shall be consistent with, and 21,617
equivalent in scope, coverage, and content to, section 22 of the 21,618
"Hazardous Materials Transportation Uniform Safety Act of 1990," 21,619
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 21,620
adopted under that section. The commission may adopt additional 21,621
rules for the implementation and administration of the uniform 21,622
registration and permitting system established by rule under this 21,623
section, including rules SHALL INCLUDE RULES staggering the 21,624
registration date for carriers and reducing or extending, by no 21,626
more than one year, the permit renewal period for carriers. 21,627
Rules adopted or amended under division (B)(1) of this 21,629
section on or after November 17, 2000, shall be adopted or 21,630
amended in accordance with Chapter 119. of the Revised Code. 21,632
(2) For the purpose of minimizing filing requirements 21,634
regarding any background investigation required for the issuance 21,635
of a uniform permit as a carrier of hazardous wastes, the 21,636
commission shall accept from any applicant for such a permit any 21,637
refiling of information the applicant has filed with the office 21,638
of the attorney general under section 3734.42 of the Revised Code 21,639
or any reference to such information, if the refiled or 21,640
referenced information is on file with the office of the attorney 21,641
general, is accurate and timely for the commission's purposes 21,642
under this section, and is supplemented by any additional 21,643
information the commission requires. The office of the attorney 21,644
general, as necessary for any such background investigation, 21,645
shall make accessible to the commission any such information 21,646
referenced or refiled in an application for a uniform permit as a 21,647
carrier of hazardous wastes that the attorney general determines 21,648
may be disclosed in accordance with section 3734.42 of the 21,649
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 21,650
Revised Code affects any limitations under section 3734.42 of the 21,651
Revised Code on the disclosure of that information. 21,652
501
(C)(1) The fees for uniform registration and a uniform 21,654
permit as a carrier of hazardous materials shall consist of the 21,655
following: 21,656
(a) A processing fee of fifty dollars; 21,658
(b) An apportioned per-truck registration fee, which shall 21,660
be calculated by multiplying the percentage of a registrant's 21,661
activity in this state times the percentage of the registrant's 21,662
business that is hazardous-materials-related, times the number of 21,663
vehicles owned or operated by the registrant, times a per-truck 21,664
fee determined by order of the commission following public notice 21,665
and an opportunity for comment. 21,666
However, the total revenue from the apportioned per-truck 21,668
registration fee shall not exceed the appropriation of the 21,669
general assembly for the hazardous materials registration fund 21,670
created under division (C)(3) of this section. In determining 21,671
the per-truck fee, the commission shall calculate the difference 21,673
between the appropriation from the fund for the current fiscal 21,675
year and the net total of the processing fees collected in the 21,676
previous registration year under division (C)(1)(a) of this 21,677
section, fees collected under division (C)(2) of this section, 21,678
refunds to carriers from overpayments of fees collected under 21,679
this section, and fees paid to other states under division (D) of 21,680
this section, and shall divide that calculated amount by the 21,681
total number of apportioned trucks determined on the basis of 21,683
information submitted by all registrants in the previous
registration year. If the calculated amount is zero or less, the 21,684
fee shall be zero. Any interested party, in accordance with 21,685
division (H) of this section, may appeal to the court of appeals 21,686
of Franklin county an order of the commission establishing the 21,687
apportioned per-truck registration fee. 21,688
(i) The percentage of a registrant's activity in this 21,690
state shall be calculated by dividing the number of miles that 21,691
the registrant travels in this state under the international 21,692
registration plan, pursuant to section 4503.61 of the Revised 21,693
502
Code, by the number of miles that the registrant travels 21,694
nationwide under the international registration plan. 21,695
Registrants that operate solely within this state shall use one 21,696
hundred per cent as their percentage of activity. Registrants 21,697
that do not register their vehicles through the international 21,698
registration plan shall calculate activity in the state in the 21,699
same manner as that required by the international registration 21,700
plan. 21,701
(ii) The percentage of a registrant's business that is 21,703
hazardous-materials-related shall be calculated, for 21,704
less-than-truckload shipments, by dividing the weight of all the 21,705
registrant's hazardous materials shipments by the total weight of 21,706
all shipments in the previous year. The percentage of a 21,707
registrant's business that is hazardous-materials-related shall 21,708
be calculated, for truckload shipments, by dividing the number of 21,709
shipments for which placarding, marking of the vehicle, or 21,710
manifesting, as appropriate, was required by regulations adopted 21,711
under sections 4 to 6 of the "Hazardous Materials Transportation 21,712
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 21,713
1804, by the total number of the registrant's shipments that 21,714
transported any kind of goods in the previous year. A registrant 21,715
that transports both less-than-truckload and truckload shipments 21,716
of hazardous materials shall calculate the percentage of business 21,717
that is hazardous-materials-related on a proportional basis. 21,718
(iii) A registrant may utilize fiscal year, or calendar 21,720
year, or other current company accounting data, or other publicly 21,721
available information, in calculating the percentages required by 21,722
divisions (C)(1)(b)(i) and (ii) of this section. 21,723
(2) The commission, after notice and opportunity for a 21,725
hearing, may assess each carrier a fee for any background 21,726
investigation required for the issuance, for the purpose of 21,727
section 3734.15 of the Revised Code, of a uniform permit as a 21,728
carrier of hazardous wastes and fees related to investigations 21,729
and proceedings for the denial, suspension, or revocation of a 21,730
503
uniform permit as a carrier of hazardous materials. The fees 21,731
shall not exceed the reasonable costs of the investigations and 21,732
proceedings. The fee for a background investigation for a 21,733
uniform permit as a carrier of hazardous wastes shall be six 21,734
hundred dollars plus the costs of obtaining any necessary 21,735
information not included in the permit application, to be 21,736
calculated at the rate of thirty dollars per hour, not exceeding 21,737
six hundred dollars, plus any fees payable to obtain necessary 21,739
information.
(3) All fees collected under division (C)(1) of this 21,741
section and all background investigation and permit denial, 21,742
suspension, and revocation investigation and proceeding fees 21,744
collected under division (C)(2) of this section shall be credited 21,745
to the hazardous materials registration fund, which is hereby 21,746
created in the state treasury. Moneys in that fund shall be used 21,747
by the commission to administer and enforce sections 4905.80 to 21,748
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 21,750
adopted under division (B) of this section, may enter into 21,751
agreements, contracts, arrangements, or declarations with other 21,752
states and with the national repository, established pursuant to 21,753
the final report submitted to the United States secretary of 21,754
transportation, pursuant to subsection (c) of section 22 of the 21,755
"Hazardous Materials Transportation Uniform Safety Act of 1990," 21,756
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 21,757
contracts, arrangements, or declarations shall include, but not 21,758
be limited to, the determination of a base state, the collection 21,759
of uniform registration fees, the frequency of distribution of 21,760
uniform registration fees, procedures for dispute resolution, and 21,761
protection of trade secrets and confidential business 21,762
information. 21,763
(E) The first eight hundred thousand dollars of 21,765
forfeitures collected under section 4905.83 of the Revised Code 21,766
during each of fiscal years 1995 to 2000 and during fiscal year 21,768
504
2001 until November 17, 2000, shall be credited to the hazardous 21,770
materials transportation fund, which is hereby created in the 21,771
state treasury. Any forfeitures in excess of that amount 21,772
collected during each such period and any forfeitures collected 21,773
on or after November 17, 2000, FISCAL YEAR shall be credited to 21,774
the general revenue fund. In each of fiscal years 1995 to 2000 21,775
and in fiscal year 2001 until November 17, 2000, the commission 21,778
shall distribute moneys credited to the hazardous materials 21,779
transportation fund under this division for the purposes of 21,780
emergency response planning and the training of safety, 21,781
enforcement, and emergency services personnel in proper 21,782
techniques for the management of hazardous materials releases 21,783
that occur during transportation or otherwise. For these 21,784
purposes, fifty per cent of all such moneys credited to the fund 21,785
shall be distributed to Cleveland state university, and fifty 21,786
FORTY-FIVE per cent shall be distributed to other educational 21,788
institutions, state agencies, regional planning commissions, and 21,789
political subdivisions, AND FIVE PER CENT SHALL BE RETAINED BY 21,790
THE COMMISSION FOR THE ADMINISTRATION OF THIS SECTION AND FOR
TRAINING EMPLOYEES. However, if, in any such period, moneys 21,792
credited to the fund under this division equal an amount less 21,793
than four hundred thousand dollars, the commission shall 21,794
distribute, to the extent of the fund, two hundred thousand 21,795
dollars to Cleveland state university and the remainder to other 21,796
educational institutions, state agencies, regional planning 21,797
commissions, and political subdivisions. 21,798
(F)(1) No person shall violate or fail to perform a duty 21,800
imposed by this section or a rule adopted under it. 21,801
(2) No person shall knowingly falsify or fail to submit 21,803
any data, reports, records, or other information required to be 21,804
submitted to the commission pursuant to this section or a rule 21,805
adopted under it. For purposes of division (F)(2) of this 21,806
section, a person acts knowingly if either of the following 21,807
applies: 21,808
505
(a) The person has actual knowledge of the facts giving 21,810
rise to the violation. 21,811
(b) A reasonable person acting in the circumstances and 21,813
exercising due care would have such knowledge. 21,814
(G) After notice and opportunity for a hearing, the 21,816
commission, pursuant to criteria set forth in rules adopted under 21,817
division (B) of this section, may suspend, revoke, or deny the 21,818
uniform permit as a carrier of hazardous materials of any carrier 21,819
that has obtained or applied for such a uniform permit from the 21,820
commission pursuant to rules adopted under that division, or the 21,821
commission may order the suspension of the transportation of 21,822
hazardous materials into, through, or within this state by a 21,823
carrier that has obtained a uniform permit from another state 21,824
that has a reciprocity agreement with the commission pursuant to 21,825
division (D) of this section. 21,826
(H)(1) The proceedings specified in division (G) of this 21,828
section are subject to and governed by Chapter 4903. of the 21,829
Revised Code, except as otherwise provided in this section. The 21,830
court of appeals of Franklin county has exclusive original 21,831
jurisdiction to review, modify, or vacate any order of the 21,832
commission suspending, revoking, or denying a uniform permit as a 21,833
carrier of hazardous materials of any carrier that has obtained 21,834
or applied for a uniform permit from the commission pursuant to 21,835
rules adopted under division (B) of this section, or any order of 21,836
the commission suspending the transportation of hazardous 21,837
materials into, through, or within this state by a carrier that 21,838
has obtained a uniform permit from another state that has a 21,839
reciprocity agreement with the commission under division (D) of 21,840
this section. The court of appeals shall hear and determine 21,841
those appeals in the same manner and under the same standards as 21,842
the Ohio supreme court hears and determines appeals under Chapter 21,843
4903. of the Revised Code. 21,844
The judgment of the court of appeals is final and 21,846
conclusive unless reversed, vacated, or modified on appeal. Such 21,847
506
appeals may be taken either by the commission or the person to 21,848
whom the order was issued and shall proceed as in the case of 21,849
appeals in civil actions as provided in Chapter 2505. of the 21,850
Revised Code. 21,851
(2) Section 4903.11 of the Revised Code does not apply to 21,853
appeals of any order of the commission suspending, revoking, or 21,854
denying a uniform permit of a carrier that has obtained or 21,855
applied for a uniform permit from the commission pursuant to 21,856
rules adopted under division (B) of this section, or of any order 21,857
of the commission suspending the transportation of hazardous 21,858
materials into, through, or within this state by a carrier that 21,859
has obtained a uniform permit from another state that has a 21,860
reciprocity agreement with the commission pursuant to division 21,861
(D) of this section. Any person to whom such AN order is issued 21,862
who wishes to contest the order shall file, within sixty days 21,863
after the entry of the order upon the journal of the commission, 21,864
a notice of appeal, setting forth the order appealed from and the 21,865
errors complained of. The notice of appeal shall be served, 21,866
unless waived, upon the chairperson of the commission or, in the 21,868
event of the chairperson's absence, upon any public utilities 21,869
commissioner, or by leaving a copy at the office of the
commission at Columbus. On appeal, the court shall reverse, 21,870
vacate, or modify the order if, upon consideration of the record, 21,872
the court is of the opinion that the order was unlawful or 21,873
unreasonable.
Sec. 4937.02. (A) There is hereby created the utility 21,882
radiological safety board composed of the chairperson of the 21,884
public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 21,885
the deputy EXECUTIVE director of the emergency management agency, 21,887
and the director of commerce, or their designees each of whom 21,888
shall be an employee of the member agency of the board member for 21,889
whom the person is a designee. The purpose of the board is to 21,891
develop a comprehensive policy for the state regarding nuclear 21,892
507
power safety. The board's objectives shall be to promote safe, 21,893
reliable, and economical power; establish a memorandum of 21,894
understanding with the federal nuclear regulatory commission and 21,895
the state, including agreements with individual state agencies to 21,896
interact with the commission and the federal emergency management 21,897
agency; and recommend policies and practices that promote safety, 21,898
performance, emergency preparedness, and public health standards 21,899
that are designed to meet the state's needs. 21,900
(B) The governor shall appoint a chairperson of the board 21,903
from among the members of the board. The board shall elect one
of its members as vice-chairperson, who shall possess, during the 21,905
absence or disability of the board chairperson, all the powers of 21,907
the board chairperson. All examinations, studies, or other 21,908
official proceedings of the board shall be conducted by the board 21,909
or its designees. The board's authority under sections 4937.01 21,910
to 4937.05 of the Revised Code THIS CHAPTER shall not be 21,911
exercised by any officer, employee, or body other than the board 21,913
itself, except by express action of the board. 21,914
(C) The chairperson of the board shall cause to be kept a 21,917
complete record of all proceedings of the board, and any books, 21,918
maps, documents, and papers used or produced by the board, and 21,919
shall perform such other duties as the governor may prescribe. 21,920
(D) A majority of the board's members constitutes a quorum 21,922
for the transaction of any business, performance of any duty, or 21,923
exercise of any power of the board. No vacancy on the board 21,924
shall impair the right of the remaining board members to exercise 21,925
all powers of the board. The act of a majority of the board, 21,926
when in session as a board, is an act of the board. 21,927
(E) Members of the board and their designees shall not 21,929
receive compensation from the board, but shall receive all 21,930
ordinary and necessary expenses incurred in performance of board 21,931
business, including actual travel expenses. All such expenses 21,932
shall be paid by the agency of which the individual board member 21,933
or designee is an officer or employee. 21,934
508
(F) The attorney general is the board's legal advisor, but 21,936
shall designate, subject to the board's approval, one or more of 21,937
the attorney general's assistants to discharge the duties of 21,938
board attorney. 21,939
(G) The board may call to its assistance, temporarily, 21,941
with the consent of the member agency, any employee of a member 21,942
agency to conduct studies, examinations, and investigations for 21,943
the board or prepare any report required or authorized by 21,944
sections 4937.01 to 4937.05 of the Revised Code THIS CHAPTER. 21,945
The employee shall receive no compensation, but shall receive all 21,947
ordinary and necessary expenses incurred in performance of such 21,948
duties, including actual travel expenses. All such expenses 21,949
shall be paid by the member agency. 21,950
(H) The offices of the board shall be located in the 21,952
offices of the emergency management agency. 21,954
Sec. 4981.09. (A) There is hereby created in the state 21,963
treasury the rail development fund. The fund shall consist of 21,965
such moneys as may be provided by law, including moneys received 21,966
from the sale, transfer, or lease of any rail property pursuant 21,967
to section 4981.08 of the Revised Code, and amounts transferred 21,968
pursuant to division (B) of this section. Moneys in the fund 21,971
shall be used for the purpose of acquiring, rehabilitating, or 21,972
developing rail property or service, or for participation in the 21,973
acquisition of rail property with the federal government, 21,974
municipal corporations, townships, counties, or other 21,975
governmental agencies. For the purpose of acquiring such rail 21,976
property, the Ohio rail development commission may obtain 21,977
acquisition loans from the federal government or from any other 21,978
source.
The fund shall also be used to promote, plan, design, 21,980
construct, operate, and maintain passenger and freight rail 21,981
transportation systems, and may be used to pay the administrative 21,983
costs of the Ohio rail development commission associated with 21,984
conducting any authorized rail program, and for any purpose
509
authorized by sections 4981.03 and 5501.56 of the Revised Code. 21,985
The fund shall not be used to provide loan guarantees. 21,986
(B) Twice each year, by the last day of March for the 21,989
immediately preceding June through December and by the last day 21,991
of August for the immediately preceding January through May, the 21,993
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 21,994
pursuant to Chapter 5733. of the Revised Code during those months 21,995
by taxpayers engaged in the business of owning or operating a 21,997
railroad either wholly or partially within this state. The 21,999
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 22,000
budget and management shall transfer fifty per cent of the amount 22,001
certified from the general revenue fund to the rail development 22,002
fund.
Sec. 5101.16. (A) As used in this section and sections 22,011
5101.161 and 5101.162 of the Revised Code: 22,012
(1) "Disability assistance" means financial and medical 22,014
assistance provided under Chapter 5115. of the Revised Code. 22,015
(2) "Food stamps" means the program administered by the 22,017
department of human services pursuant to section 5101.54 of the 22,019
Revised Code.
(3) "Medicaid" means the medical assistance program 22,021
established by Chapter 5111. of the Revised Code, excluding 22,024
transportation services provided under that chapter. 22,025
(4) "Ohio works first" means the program established by 22,027
Chapter 5107. of the Revised Code. 22,028
(5) "Prevention, retention, and contingency" means the 22,030
program established by Chapter 5108. of the Revised Code. 22,032
(6) "Public assistance expenditures" means expenditures 22,034
for all of the following: 22,035
(a) Ohio works first; 22,037
(b) County administration of Ohio works first; 22,040
(c) Prevention, retention, and contingency; 22,042
510
(d) County administration of prevention, retention, and 22,044
contingency; 22,045
(e) Disability assistance; 22,047
(f) County administration of disability assistance; 22,049
(g) County administration of food stamps; 22,051
(h) County administration of medicaid. 22,053
(B) Each board of county commissioners shall pay the 22,055
county share of public assistance expenditures in accordance with 22,059
section 5101.161 of the Revised Code. Except as provided in 22,060
division (C) of this section, a county's share of public 22,063
assistance expenditures is the sum of all of the following for 22,065
state fiscal year 1998 and each state fiscal year thereafter: 22,066
(1) The amount that is twenty-five per cent of the 22,068
county's total expenditures for disability assistance and county 22,071
administration of disability assistance during the state fiscal 22,072
year ending in the previous calendar year that the department of 22,074
human services determines are allowable. 22,075
(2) The amount that is ten per cent, or other percentage 22,079
determined under division (D) of this section, of the county's 22,080
total expenditures for county administration of food stamps and 22,081
medicaid during the state fiscal year ending in the previous 22,084
calendar year that the department determines are allowable, less 22,085
the amount of federal reimbursement credited to the county under 22,087
division (E) of this section for the state fiscal year ending in 22,088
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 22,091
section, the actual amount, as determined by the department of 22,092
human services from expenditure reports submitted to the United 22,093
States department of health and human services, of the county 22,094
share of program and administrative expenditures during federal 22,095
fiscal year 1994 for assistance and services, other than child 22,096
day-care, provided under Titles IV-A and IV-F of the "Social 22,098
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those 22,099
titles existed prior to the enactment of the "Personal 22,100
511
Responsibility and Work Opportunity Reconciliation Act of 1996," 22,102
110 Stat. 2105. 22,103
(b) For state fiscal years 1998 2000 and 1999 2001, eighty 22,106
SEVENTY-SEVEN per cent of the amount determined under division 22,107
(B)(3)(a) of this section. 22,108
(C)(1) If a county's share of public assistance 22,110
expenditures determined under division (B) of this section for a 22,112
state fiscal year exceeds one hundred ten per cent of the 22,113
county's share for those expenditures for the immediately 22,114
preceding state fiscal year, the department of human services 22,115
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 22,116
share for expenditures under division (B) of this section equals 22,117
one hundred ten per cent of the county's share of those 22,118
expenditures for the immediately preceding state fiscal year. 22,119
(2) A county's share of public assistance expenditures 22,121
determined under division (B) of this section may be increased 22,122
pursuant to a sanction under section 5101.24 of the Revised Code. 22,124
(D)(1) If the per capita tax duplicate of a county is less 22,127
than the per capita tax duplicate of the state as a whole and 22,128
division (D)(2) of this section does not apply to the county, the 22,130
percentage to be used for the purpose of division (B)(2) of this 22,132
section is the product of ten multiplied by a fraction of which 22,134
the numerator is the per capita tax duplicate of the county and 22,135
the denominator is the per capita tax duplicate of the state as a 22,136
whole. The department of human services shall compute the per 22,137
capita tax duplicate for the state and for each county by 22,138
dividing the tax duplicate for the most recent available year by 22,139
the current estimate of population prepared by the department of 22,140
development.
(2) If the percentage of families in a county with an 22,142
annual income of less than three thousand dollars is greater than 22,143
the percentage of such families in the state and division (D)(1) 22,145
of this section does not apply to the county, the percentage to 22,146
512
be used for the purpose of division (B)(2) of this section is the 22,147
product of ten multiplied by a fraction of which the numerator is 22,149
the percentage of families in the state with an annual income of 22,150
less than three thousand dollars a year and the denominator is 22,151
the percentage of such families in the county. The department of 22,152
human services shall compute the percentage of families with an 22,153
annual income of less than three thousand dollars for the state 22,154
and for each county by multiplying the most recent estimate of 22,156
such families published by the department of development, by a 22,157
fraction, the numerator of which is the estimate of average 22,158
annual personal income published by the bureau of economic 22,159
analysis of the United States department of commerce for the year 22,160
on which the census estimate is based and the denominator of 22,161
which is the most recent such estimate published by the bureau. 22,162
(3) If the per capita tax duplicate of a county is less 22,165
than the per capita tax duplicate of the state as a whole and the 22,166
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 22,167
of such families in the state, the percentage to be used for the 22,169
purpose of division (B)(2) of this section shall be determined as 22,170
follows: 22,171
(a) Multiply ten by the fraction determined under division 22,175
(D)(1) of this section;
(b) Multiply the product determined under division 22,178
(D)(3)(a) of this section by the fraction determined under 22,180
division (D)(2) of this section. 22,181
(4) The department of human services shall determine, for 22,183
each county, the percentage to be used for the purpose of 22,185
division (B)(2) of this section not later than the first day of 22,187
July of the year preceding the state fiscal year for which the 22,188
percentage is used.
(E) The department of human services shall credit to a 22,191
county the amount of federal reimbursement the department
receives from the United States departments of agriculture and 22,193
513
health and human services for the county's expenditures for 22,195
administration of food stamps and medicaid that the department 22,197
determines are allowable administrative expenditures. 22,198
(F) The department of human services shall adopt rules in 22,201
accordance with section 111.15 of the Revised Code to establish 22,204
all of the following:
(1) The method the department is to use to change a 22,208
county's share of public assistance expenditures determined under 22,210
division (B) of this section as provided in division (C) of this 22,211
section; 22,212
(2) The allocation methodology and formula the department 22,214
will use to determine the amount of funds to credit to a county 22,215
under this section; 22,216
(3) The method the department will use to change the 22,218
payment of the county share of public assistance expenditures 22,219
from a calendar-year basis to a state fiscal year basis; 22,220
(4) Other procedures and requirements necessary to 22,222
implement this section. 22,223
Sec. 5101.33. (A) As used in this section, "public 22,232
assistance BENEFITS" means cash ANY OF THE FOLLOWING: 22,233
(1) CASH assistance paid under Chapter 5107. or 5115. of 22,236
the Revised Code or any;
(2) FOOD STAMP BENEFITS PROVIDED UNDER SECTION 5101.54 OF 22,238
THE REVISED CODE;
(3) ANY OTHER program administered by the department of 22,241
human services under which cash assistance is paid PROVIDED; 22,242
(4) ASSISTANCE PROVIDED BY A PERSON OR GOVERNMENT ENTITY 22,244
THAT THE DEPARTMENT, PURSUANT TO AN AGREEMENT UNDER SECTION 22,245
5101.331 OF THE REVISED CODE, DISTRIBUTES THROUGH THE MEDIUM OF 22,246
ELECTRONIC BENEFIT TRANSFER.
(B) The director DEPARTMENT of human services may make any 22,248
payment of public assistance to eligible recipients DISTRIBUTE 22,250
BENEFITS through the medium of electronic benefit transfer by 22,252
doing all of the following:
514
(1) Contracting with an agent to supply debit cards to the 22,254
department of human services for use by such recipients 22,255
INDIVIDUALS ELIGIBLE FOR THE BENEFITS in accessing their public 22,257
assistance BENEFITS and to credit such cards electronically with 22,259
the amounts specified by the director OF HUMAN SERVICES pursuant 22,260
to law;
(2) Informing such recipients INDIVIDUALS about the use of 22,262
the electronic benefit transfer system and furnishing them with 22,263
debit cards and information that will enable them to access their 22,264
public assistance BENEFITS through the system; 22,265
(3) Arranging with specific financial institutions or 22,267
vendors, or with county departments of human services, OR PERSONS 22,268
OR GOVERNMENT ENTITIES THAT ENTER INTO AGREEMENTS WITH THE 22,269
DEPARTMENT UNDER SECTION 5101.331 OF THE REVISED CODE for 22,270
recipients THE ELIGIBLE INDIVIDUALS to have their cards credited 22,271
electronically with the proper amounts at their facilities; 22,273
(4) Periodically preparing vouchers for the payment of 22,275
such public assistance BENEFITS by electronic benefit transfer; 22,277
(5) SATISFYING ANY APPLICABLE REQUIREMENTS OF FEDERAL AND 22,279
STATE LAW.
(C) The director of human services or his agent shall 22,283
inform the auditor of state of the amount of reimbursement that 22,284
is due each financial institution or vendor that has paid public 22,285
assistance or aid under former Chapter 5113. of the Revised Code 22,286
through the medium DEPARTMENT MAY DESIGNATE WHICH COUNTIES WILL 22,287
PARTICIPATE IN THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER, SPECIFY 22,288
THE DATE A DESIGNATED COUNTY WILL BEGIN PARTICIPATION, AND 22,289
SPECIFY WHICH BENEFITS WILL BE PROVIDED THROUGH THE MEDIUM OF 22,290
ELECTRONIC BENEFIT TRANSFER IN A DESIGNATED COUNTY. 22,291
(D) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 22,294
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION
OF THIS SECTION AND SECTION 5101.331 OF THE REVISED CODE. 22,295
Sec. 5101.331. THE DEPARTMENT OF HUMAN SERVICES MAY ENTER 22,297
INTO AN AGREEMENT WITH A PERSON OR GOVERNMENT ENTITY UNDER WHICH 22,298
515
THE DEPARTMENT WILL DISTRIBUTE THROUGH THE MEDIUM OF ELECTRONIC 22,299
BENEFIT TRANSFER ESTABLISHED UNDER SECTION 5101.33 OF THE REVISED 22,300
CODE BENEFITS THE PERSON OR GOVERNMENT ENTITY PROVIDES TO
ELIGIBLE INDIVIDUALS. ANY AGREEMENT ENTERED INTO UNDER THIS 22,301
SECTION MUST BE IN WRITING. 22,302
Sec. 5101.34. (A) THERE IS HEREBY CREATED IN THE 22,305
DEPARTMENT OF HUMAN SERVICES THE OHIO COMMISSION ON FATHERHOOD. 22,306
THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS: 22,307
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 22,309
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, AND TWO 22,310
MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER 22,311
OF THE HOUSE, EACH FROM A DIFFERENT POLITICAL PARTY. THESE 22,312
MEMBERS SHALL BE FROM LEGISLATIVE DISTRICTS THAT INCLUDE A COUNTY 22,314
OR PART OF A COUNTY THAT IS AMONG THE ONE-THIRD OF COUNTIES IN 22,315
THIS STATE WITH THE HIGHEST NUMBER PER CAPITA OF HOUSEHOLDS 22,316
HEADED BY FEMALES.
(2) THE GOVERNOR, OR THE GOVERNOR'S DESIGNEE; 22,318
(3) ONE REPRESENTATIVE OF THE JUDICIAL BRANCH OF 22,320
GOVERNMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT; 22,322
(4) THE DIRECTORS OF HEALTH, HUMAN SERVICES, 22,324
REHABILITATION AND CORRECTION, AND YOUTH SERVICES AND THE 22,325
SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THEIR DESIGNEES; 22,326
(5) ONE REPRESENTATIVE OF THE OHIO FAMILY AND CHILDREN 22,329
FIRST CABINET COUNCIL CREATED UNDER SECTION 121.37 OF THE REVISED 22,331
CODE APPOINTED BY THE CHAIRPERSON OF THE COUNCIL; 22,332
(6) FIVE REPRESENTATIVES OF THE GENERAL PUBLIC APPOINTED 22,334
BY THE GOVERNOR. THESE MEMBERS SHALL HAVE EXTENSIVE EXPERIENCE 22,335
IN ISSUES RELATED TO FATHERHOOD. 22,336
(B) THE APPOINTING AUTHORITIES OF THE OHIO COMMISSION ON 22,339
FATHERHOOD SHALL MAKE INITIAL APPOINTMENTS TO THE COMMISSION 22,340
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. OF 22,341
THE INITIAL APPOINTMENTS TO THE COMMISSION MADE PURSUANT TO 22,342
DIVISIONS (A)(3), (5), AND (6) OF THIS SECTION, THREE OF THE 22,344
MEMBERS SHALL SERVE A TERM OF ONE YEAR AND FOUR SHALL SERVE A 22,345
516
TERM OF TWO YEARS. MEMBERS SO APPOINTED SUBSEQUENTLY SHALL SERVE 22,346
TWO-YEAR TERMS. A MEMBER APPOINTED PURSUANT TO DIVISION (A)(1) 22,348
OF THIS SECTION SHALL SERVE ON THE COMMISSION UNTIL THE END OF 22,349
THE GENERAL ASSEMBLY FROM WHICH THE MEMBER WAS APPOINTED OR UNTIL 22,350
THE MEMBER CEASES TO SERVE IN THE CHAMBER OF THE GENERAL ASSEMBLY 22,351
IN WHICH THE MEMBER SERVES AT THE TIME OF APPOINTMENT, WHICHEVER 22,352
OCCURS FIRST. THE GOVERNOR OR THE GOVERNOR'S DESIGNEE SHALL 22,353
SERVE ON THE COMMISSION UNTIL THE GOVERNOR CEASES TO BE GOVERNOR. 22,354
THE DIRECTORS AND SUPERINTENDENT OR THEIR DESIGNEES SHALL SERVE 22,355
ON THE COMMISSION UNTIL THEY CEASE, OR THE DIRECTOR OR 22,357
SUPERINTENDENT A DESIGNEE REPRESENTS CEASES, TO BE DIRECTOR OR 22,358
SUPERINTENDENT. EACH MEMBER SHALL SERVE ON THE COMMISSION FROM 22,359
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 22,360
MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. 22,361
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 22,364
ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY 22,365
OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE 22,366
MEMBER'S PREDECESSOR WAS APPOINTED SHALL SERVE ON THE COMMISSION 22,367
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE TO SERVE 22,368
ON THE COMMISSION SUBSEQUENT TO THE EXPIRATION DATE OF THE 22,369
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED OR UNTIL 22,370
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 22,371
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED 22,372
FOR NECESSARY EXPENSES.
Sec. 5101.341. (A) THE OHIO COMMISSION ON FATHERHOOD 22,374
ANNUALLY SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. THE 22,375
DEPARTMENT OF HUMAN SERVICES SHALL PROVIDE STAFF AND OTHER 22,376
SUPPORT SERVICES FOR THE COMMISSION. 22,377
(B) THE COMMISSION MAY ACCEPT GIFTS, GRANTS, DONATIONS, 22,380
CONTRIBUTIONS, BENEFITS, AND OTHER FUNDS FROM ANY PUBLIC AGENCY 22,381
OR PRIVATE SOURCE TO CARRY OUT ANY OR ALL OF THE COMMISSION'S 22,382
DUTIES. THE FUNDS SHALL BE DEPOSITED INTO THE OHIO COMMISSION ON 22,383
FATHERHOOD FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 22,384
ALL GIFTS, GRANTS, DONATIONS, CONTRIBUTIONS, BENEFITS, AND OTHER 22,385
517
FUNDS RECEIVED BY THE COMMISSION PURSUANT TO THIS DIVISION SHALL 22,386
BE USED SOLELY TO SUPPORT THE OPERATIONS OF THE COMMISSION. 22,387
Sec. 5101.342. THE OHIO COMMISSION ON FATHERHOOD SHALL DO 22,390
BOTH OF THE FOLLOWING:
(A) ORGANIZE A STATE SUMMIT ON FATHERHOOD EVERY FOUR 22,392
YEARS;
(B)(1) PREPARE A REPORT EACH YEAR THAT IDENTIFIES 22,395
RESOURCES AVAILABLE TO FUND FATHERHOOD-RELATED PROGRAMS AND 22,396
EXPLORES THE CREATION OF INITIATIVES TO DO THE FOLLOWING: 22,397
(a) BUILD THE PARENTING SKILLS OF FATHERS; 22,399
(b) PROVIDE EMPLOYMENT-RELATED SERVICES FOR LOW-INCOME, 22,402
NONCUSTODIAL FATHERS;
(c) PREVENT PREMATURE FATHERHOOD; 22,404
(d) PROVIDE SERVICES TO FATHERS WHO ARE INMATES IN OR HAVE 22,406
JUST BEEN RELEASED FROM IMPRISONMENT IN A STATE CORRECTIONAL 22,407
INSTITUTION, AS DEFINED IN SECTION 2967.01 OF THE REVISED CODE, 22,408
OR IN ANY OTHER DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 22,409
OF THE REVISED CODE, SO THAT THEY ARE ABLE TO MAINTAIN OR
REESTABLISH THEIR RELATIONSHIPS WITH THEIR FAMILIES; 22,410
(e) RECONCILE FATHERS WITH THEIR FAMILIES; 22,412
(f) INCREASE PUBLIC AWARENESS OF THE CRITICAL ROLE FATHERS 22,415
PLAY.
(2) THE COMMISSION SHALL SUBMIT EACH REPORT PREPARED 22,418
PURSUANT TO DIVISION (B)(1) OF THIS SECTION TO THE PRESIDENT AND 22,419
MINORITY LEADER OF THE SENATE, SPEAKER AND MINORITY LEADER OF THE 22,420
HOUSE OF REPRESENTATIVES, GOVERNOR, AND CHIEF JUSTICE OF THE 22,421
SUPREME COURT. THE FIRST REPORT IS DUE NOT LATER THAN ONE YEAR 22,422
AFTER THE LAST OF THE INITIAL APPOINTMENTS TO THE COMMISSION IS 22,423
MADE UNDER SECTION 5101.341 OF THE REVISED CODE. 22,424
Sec. 5101.343. SECTION 101.84 OF THE REVISED CODE DOES NOT 22,427
APPLY TO THE OHIO COMMISSION ON FATHERHOOD. 22,428
Sec. 5101.50. (A) AS USED IN THIS SECTION AND IN SECTIONS 22,430
5101.51 TO 5101.518 OF THE REVISED CODE: 22,431
(1) "CHILDREN'S HEALTH INSURANCE PROGRAM" MEANS THE 22,433
518
PROGRAM AUTHORIZED BY TITLE XXI OF THE "SOCIAL SECURITY ACT," 111 22,435
STAT. 552 (1997), 42 U.S.C.A. 1397aa. 22,437
(2) "FEDERAL POVERTY GUIDELINES" HAS THE SAME MEANING AS 22,439
IN SECTION 5101.46 OF THE REVISED CODE. 22,440
(B) THE DIRECTOR OF HUMAN SERVICES MAY CONTINUE TO OPERATE 22,442
THE CHILDREN'S HEALTH INSURANCE PROGRAM INITIALLY AUTHORIZED BY 22,443
AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF THE REVISED 22,444
CODE AS LONG AS FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR 22,445
THE PROGRAM. IF OPERATED, THE PROGRAM SHALL PROVIDE HEALTH 22,446
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 22,447
WITH FAMILY INCOMES NOT EXCEEDING ONE HUNDRED FIFTY PER CENT OF 22,448
THE FEDERAL POVERTY GUIDELINES. IN ACCORDANCE WITH 42 U.S.C.A. 22,450
1397aa, THE DIRECTOR MAY PROVIDE FOR THE HEALTH ASSISTANCE TO 22,451
MEET THE REQUIREMENTS OF 42 U.S.C.A. 1397cc, TO BE PROVIDED UNDER 22,453
THE MEDICAID PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE 22,454
REVISED CODE, OR TO BE A COMBINATION OF BOTH. 22,455
Sec. 5101.501. HEALTH ASSISTANCE PROVIDED UNDER SECTION 22,457
5101.50 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 22,458
HEALTH INSURANCE PROGRAM PART I. 22,459
Sec. 5101.502. THE DIRECTOR OF HUMAN SERVICES MAY ADOPT 22,461
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 22,462
NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE CHILDREN'S 22,464
HEALTH INSURANCE PROGRAM PART I, INCLUDING RULES THAT ESTABLISH 22,465
ALL OF THE FOLLOWING: 22,466
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 22,468
WILL BE REIMBURSED; 22,469
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 22,471
REIMBURSABLE UNDER THE PROGRAM; 22,472
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 22,474
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 22,476
Sec. 5101.51. IN ACCORDANCE WITH FEDERAL LAW GOVERNING THE 22,478
CHILDREN'S HEALTH INSURANCE PROGRAM, THE DIRECTOR OF HUMAN 22,479
SERVICES MAY SUBMIT A STATE CHILD HEALTH PLAN TO THE UNITED 22,480
STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO PROVIDE, EXCEPT 22,481
519
AS PROVIDED IN SECTION 5101.516 OF THE REVISED CODE, HEALTH 22,483
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 22,484
WITH FAMILY INCOMES ABOVE ONE HUNDRED FIFTY PER CENT OF THE 22,485
FEDERAL POVERTY GUIDELINES BUT NOT EXCEEDING TWO HUNDRED PER CENT 22,486
OF THE FEDERAL POVERTY GUIDELINES. IF THE DIRECTOR SUBMITS THE 22,487
PLAN, THE DIRECTOR SHALL INCLUDE BOTH OF THE FOLLOWING IN THE 22,488
PLAN:
(A) THE HEALTH ASSISTANCE WILL NOT BEGIN BEFORE JANUARY 1, 22,491
2000.
(B) THE HEALTH ASSISTANCE WILL BE AVAILABLE ONLY WHILE 22,493
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR IT. 22,494
Sec. 5101.511. HEALTH ASSISTANCE PROVIDED UNDER SECTION 22,496
5101.51 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 22,497
HEALTH INSURANCE PROGRAM PART II. 22,498
Sec. 5101.512. IF THE DIRECTOR OF HUMAN SERVICES SUBMITS A 22,500
STATE CHILD HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH 22,501
AND HUMAN SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND 22,503
THE SECRETARY APPROVES THE PLAN, THE DIRECTOR SHALL IMPLEMENT THE
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IN ACCORDANCE WITH 22,505
THE PLAN. THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 22,506
CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR THE EFFICIENT 22,507
ADMINISTRATION OF THE PROGRAM, INCLUDING RULES THAT ESTABLISH ALL 22,510
OF THE FOLLOWING: 22,511
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 22,513
WILL BE REIMBURSED; 22,514
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 22,516
REIMBURSABLE UNDER THE PROGRAM; 22,517
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 22,519
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 22,520
Sec. 5101.513. THE DIRECTOR OF HUMAN SERVICES MAY CONTRACT 22,522
WITH A GOVERNMENT ENTITY OR PERSON TO PERFORM THE DIRECTOR'S 22,523
ADMINISTRATIVE DUTIES REGARDING THE CHILDREN'S HEALTH INSURANCE 22,524
PROGRAM PART II, OTHER THAN THE DUTY TO SUBMIT A STATE CHILD 22,525
HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 22,527
520
SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND THE DUTY 22,528
TO ADOPT RULES UNDER SECTION 5101.512 OF THE REVISED CODE. 22,529
Sec. 5101.514. IN ACCORDANCE WITH 42 U.S.C.A. 1397aa, THE 22,532
DIRECTOR MAY PROVIDE FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S 22,534
HEALTH INSURANCE PROGRAM PART II TO MEET THE REQUIREMENTS OF 42 22,535
U.S.C.A. 1397cc, TO BE PROVIDED UNDER THE MEDICAID PROGRAM 22,537
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, OR TO BE A 22,538
COMBINATION OF BOTH. 22,539
Sec. 5101.515. THE DIRECTOR OF HUMAN SERVICES MAY 22,541
DETERMINE APPLICANTS' ELIGIBILITY FOR THE CHILDREN'S HEALTH 22,542
INSURANCE PROGRAM PART II BY ANY OF THE FOLLOWING MEANS: 22,543
(A) USING EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES; 22,545
(B) ASSIGNING THE DUTY TO COUNTY DEPARTMENTS OF HUMAN 22,547
SERVICES; 22,548
(C) CONTRACTING WITH A GOVERNMENT ENTITY OR PERSON. 22,550
Sec. 5101.516. IF THE DIRECTOR OF HUMAN SERVICES 22,552
DETERMINES THAT FEDERAL FINANCIAL PARTICIPATION FOR THE 22,553
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IS INSUFFICIENT TO 22,554
PROVIDE HEALTH ASSISTANCE TO ALL THE INDIVIDUALS THE DIRECTOR 22,555
ANTICIPATES ARE ELIGIBLE FOR THE PROGRAM, THE DIRECTOR MAY REFUSE 22,556
TO ACCEPT NEW APPLICATIONS FOR THE PROGRAM OR MAY MAKE THE 22,557
PROGRAM'S ELIGIBILITY REQUIREMENTS MORE RESTRICTIVE. 22,558
Sec. 5101.517. TO THE EXTENT PERMITTED BY 42 U.S.C.A. 22,562
1397cc(e), THE DIRECTOR OF HUMAN SERVICES MAY REQUIRE AN 22,563
INDIVIDUAL RECEIVING HEALTH ASSISTANCE UNDER THE CHILDREN'S
HEALTH INSURANCE PROGRAM PART II TO PAY A PREMIUM, DEDUCTIBLE, 22,564
COINSURANCE PAYMENT, OR OTHER COST-SHARING EXPENSE. 22,565
Sec. 5101.518. THE DIRECTOR OF HUMAN SERVICES SHALL 22,567
ESTABLISH AN APPEAL PROCESS FOR INDIVIDUALS AGGRIEVED BY A 22,568
DECISION MADE REGARDING ELIGIBILITY FOR THE CHILDREN'S HEALTH 22,569
INSURANCE PROGRAM PART II. THE PROCESS MAY BE IDENTICAL TO, 22,570
SIMILAR TO, OR DIFFERENT FROM THE APPEAL PROCESS ESTABLISHED BY 22,571
SECTION 5101.35 OF THE REVISED CODE. 22,572
Sec. 5101.52. Upon the death of a recipient of aid, under 22,581
521
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 22,582
U.S.C.A. 301, as amended, or of any person who would be eligible 22,583
for such aid except that he THE PERSON is a resident of a county 22,584
home, or any person who received assistance under former Chapter 22,586
5105., 5106., or 5151. of the Revised Code, for the month of 22,587
December, 1973, or a recipient of aid under Chapter 5107. or 22,588
5115. of the Revised Code who resides RESIDED in an 22,589
unincorporated area, application may be made THE PERSON ENTITLED 22,591
TO RECEIVE PAYMENT FOR FUNERAL, CREMATION, CEMETERY, AND BURIAL 22,592
EXPENSES FOR THE DECEASED RECIPIENT MAY APPLY to the A COUNTY 22,593
department of human services for STATE funds to defray the THOSE 22,594
expenses of burial for such deceased recipient. AN ITEMIZED 22,596
SWORN STATEMENT OF THE TOTAL FUNERAL, CREMATION, CEMETERY, AND 22,597
BURIAL CHARGES SUBMITTED BY A FUNERAL DIRECTOR MUST ACCOMPANY THE 22,598
APPLICATION.
THE COUNTY DEPARTMENT THAT RECEIVES THE APPLICATION SHALL 22,600
EITHER MAKE THE DETERMINATION OF WHETHER TO APPROVE PAYMENT OF 22,601
THE FUNERAL, CREMATION, CEMETERY, AND BURIAL EXPENSES OR SUBMIT 22,602
THE APPLICATION TO THE STATE DEPARTMENT OF HUMAN SERVICES FOR THE 22,603
STATE DEPARTMENT TO MAKE THE DETERMINATION. THE COUNTY OR STATE 22,604
DEPARTMENT SHALL NOT APPROVE THE PAYMENT IF THE RECIPIENT, AT THE 22,605
TIME OF DEATH, HAD FUNDS AVAILABLE FOR THE EXPENSES OR IF THE 22,606
TOTAL COST OF THE EXPENSES EXCEEDS THE AMOUNT DESIGNATED IN THIS 22,607
SECTION. ANY PERSON OR GOVERNMENT ENTITY, OTHER THAN THE STATE 22,608
DEPARTMENT, MAY PROVIDE CONTRIBUTIONS, ALLOWANCES, AND GRANTS UP 22,609
TO A TOTAL AMOUNT NOT TO EXCEED THE MAXIMUM BURIAL ASSISTANCE 22,610
PAYMENT UNDER THIS SECTION AND GRAVE SPACE TOWARDS ITEMS OF 22,611
CREMATION, CEMETERY, OUTSIDE RECEPTACLE, AND INCIDENTAL FUNERAL 22,612
AND BURIAL EXPENSES, OTHER THAN A STANDARD SIZED CASKET AND 22,613
PROFESSIONAL SERVICES OF THE FUNERAL DIRECTOR. TO THE EXTENT 22,614
FURNISHED, SUCH CONTRIBUTION, ALLOWANCE, GRANT, OR GRAVE SPACE 22,615
SHALL NOT BE CONSIDERED A PART OF THE TOTAL FUNERAL, CREMATION, 22,616
CEMETERY, AND BURIAL EXPENSES OF THE DECEASED RECIPIENT. The 22,617
COUNTY OR STATE department shall approve burial PAYMENT OF 22,618
522
expenses only to the extent of the difference between the 22,619
resources of the deceased person, in real and personal property 22,620
and insurance, and the permissible payment for burial and funeral 22,621
expenses as provided in this section. 22,622
A sum not to exceed the following amount may be ordered 22,624
paid to the proper person to defray the total funeral, cremation, 22,625
cemetery, and burial expenses of the deceased recipient: 22,626
(A) A IF THE DECEASED RECIPIENT WAS A recipient of aid 22,628
under Title XVI of the "Social Security Act," 49 Stat. 620 22,631
(1935), 42 U.S.C.A. 301, as amended, or of any A person who would 22,632
be HAVE BEEN eligible for such aid except that he is a resident 22,634
of THE PERSON RESIDED IN a county home, or any A person who 22,635
received assistance under former Chapter 5105., 5106., or 5151. 22,637
of the Revised Code, for the month of December, 1973, or a 22,638
recipient of aid under Chapter 5107. or 5115. of the Revised Code 22,640
who resides RESIDED in an unincorporated area. If such recipient 22,641
is AND WAS eleven years of age or older, seven hundred fifty 22,642
dollars.
(B) A IF THE DECEASED RECIPIENT WAS A recipient of aid 22,644
under Chapter 5107. or 5115. of the Revised Code who resides 22,646
RESIDED in an unincorporated area, if such recipient has AND HAD 22,648
not reached the age of eleven years, five hundred dollars. 22,650
Such funeral, cremation, cemetery, and burial expense 22,652
payments shall not be made to the extent that the recipient, at 22,653
the time of death, had funds available for such purposes. No 22,654
payment shall be made by the department if the total cost of the 22,655
funeral, cremation, cemetery, and burial expenses exceeds the 22,656
amount designated under this section. Contributions, allowances, 22,657
and grants up to a total amount not to exceed the maximum burial 22,658
assistance payment under this section and grave space may be 22,659
furnished by any source, other than the department, towards items 22,660
of cremation, cemetery, outside receptacle, incidental funeral 22,661
and burial expenses, other than a standard sized casket and 22,662
professional services of the funeral director, and to the extent 22,663
523
so furnished shall not be considered as a part of the total 22,664
funeral, cremation, cemetery, and burial expenses of such 22,665
deceased recipient. Application for state funds shall be filed 22,666
by the proper person entitled to receive payment for funeral and 22,667
burial expenses. An itemized sworn statement of the total 22,668
funeral, cremation, cemetery, and burial charges shall be 22,669
submitted by the funeral director. 22,670
Sec. 5101.541. (A) The department of human services shall 22,679
establish, by rule, effective July 1, 1981, a system of mail 22,680
issuance of food stamp allotments utilizing direct coupon 22,681
mailing. The county department of human services shall 22,682
administer the mailing of such coupons under the supervision of 22,683
the department of human services. The system shall provide for 22,684
redetermination of eligibility at the same intervals as are in 22,685
effect on March 23, 1981 or at such other intervals as may be 22,686
required by federal law or regulation. 22,687
(B) The department of human services shall provide an 22,689
alternative system to the system of mail issuance established in 22,690
division (A) of this section in counties where ANY OF THE 22,691
FOLLOWING APPLY: 22,692
(1) The department can document, after notice and hearing, 22,694
significant diminution of demand for mail issuance of food stamp 22,695
coupons; or 22,696
(2) The loss rate for coupons issued through the mail 22,698
exceeds any tolerable loss rate which may be established by rule 22,699
of the United States department of agriculture; 22,700
(3) THE DEPARTMENT PROVIDES FOR FOOD STAMP BENEFITS TO BE 22,702
DISTRIBUTED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER IN 22,703
THE COUNTY PURSUANT TO SECTION 5101.33 OF THE REVISED CODE. 22,704
(C) The county department of human services shall issue to 22,706
each household or the household's authorized representative for 22,707
coupon issuance, at the time eligibility for food stamps is 22,708
established, an identification card. The card shall be issued in 22,709
the name of the household member to whom food stamp coupons are 22,710
524
issued or the authorized representative. 22,711
Sec. 5101.544. If the benefits of a household are reduced 22,720
under a federal, state, or local means-tested public assistance 22,721
program for failure of a member of the household to perform an 22,722
action required under the program, the household may not receive, 22,723
for the duration of the reduction, an increased allotment of food 22,724
stamp benefits as the result of a decrease in the income of the 22,725
household to the extent that the decrease is the result of the 22,726
reduction. To the extent federal law and regulations or a 22,727
federal waiver permit, an incentive payment under the LEAPprogram established under section 5107.30 of the Revised Code 22,730
shall not result in a decrease in the allotment of food stamp 22,732
benefits a household receives.
The department of human services shall adopt rules in 22,734
accordance with Chapter 119. of the Revised Code to implement 22,736
this section. The rules shall be consistent with 7 U.S.C.A. 22,737
2017(d), AND federal regulations, and the terms and conditions of 22,738
the federal waiver authorizing the LEAP program. 22,739
Sec. 5101.83. (A) As used in this section: 22,749
(1) "Assistance group" has the same meaning as in sections 22,751
5107.02 and 5108.01 of the Revised Code. 22,752
(2) "Fraudulent assistance" means assistance and services, 22,756
including cash assistance, provided under the Ohio works first 22,757
program established under Chapter 5107., or the prevention, 22,758
retention, and contingency program established under Chapter 22,759
5108. of the Revised Code, to or on behalf of an assistance group 22,760
that is provided as a result of fraud by a member of the 22,762
assistance group, including an intentional violation of the 22,763
program's requirements. "Fraudulent assistance" does not include 22,764
assistance or services to or on behalf of an assistance group 22,767
that is provided as a result of an error that is the fault of a 22,768
county department of human services or the state department of 22,769
human services.
(B) If a county director of human services determines that 22,773
525
an assistance group has received fraudulent assistance, the 22,774
assistance group is ineligible to participate in the Ohio works 22,776
first program or the prevention, retention, and contingency 22,777
program until a member of the assistance group repays the cost of 22,779
the fraudulent assistance. If a member repays the cost of the 22,780
fraudulent assistance and the assistance group otherwise meets 22,781
the eligibility requirements for the Ohio works first program or 22,783
the prevention, retention, and contingency program, the
assistance group shall not be denied the opportunity to 22,784
participate in the program. 22,785
This section does not limit the ability of a county 22,787
department of human services to recover erroneous payments under 22,788
section 5107.77 5107.76 of the Revised Code. 22,789
The state department of human services shall adopt rules in 22,792
accordance with Chapter 119. of the Revised Code to implement
this section.
Sec. 4 5101.86. (A) As used in this section, "poverty 22,794
guideline" means the official poverty guideline as revised 22,797
annually by the United States Secretary SECRETARY of Health 22,798
HEALTH and Human Services HUMAN SERVICES in accordance with 22,799
section 673 of the "Community Services Block Grant Act," 95 Stat. 22,801
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 22,804
to the size of the family of the person whose income is being
determined. 22,805
(B) The Department DEPARTMENT of Human Services HUMAN 22,808
SERVICES shall establish the Non-TANF Emergency Assistance 22,810
Program ADULT EMERGENCY ASSISTANCE PROGRAM with funds in 22,811
appropriation line item 400-512, Non-TANF Emergency Assistance 22,812
APPROPRIATED BY THE GENERAL ASSEMBLY. 22,813
Funds appropriated for the Non-TANF Emergency Assistance 22,815
Program PROGRAM shall be used to assist persons age eighteen or 22,819
older who are not eligible for assistance under the Temporary 22,820
Assistance for Needy Families Program authorized by Executive 22,821
Order 96-73V and have incomes not greater than 40 per cent of the 22,824
526
poverty guideline ELIGIBLE FOR THE PROGRAM with emergency needs, 22,825
including food, clothing, shelter, and other essential goods or 22,827
services. The funds shall be used for direct payments to, or on 22,828
behalf of, eligible persons. A PERSON IS ELIGIBLE FOR THE 22,829
PROGRAM IF THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 22,830
(1) THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE; 22,831
(2) THE PERSON IS NOT THE CUSTODIAL PARENT, CUSTODIAN, OR 22,833
GUARDIAN OF A CHILD; 22,834
(3) THE PERSON DOES NOT HAVE INCOME GREATER THAN FORTY PER 22,836
CENT OF THE POVERTY GUIDELINE, UNLESS THE PERSON IS SIXTY-FIVE 22,837
YEARS OF AGE OR OLDER AND RECEIVING SUPPLEMENTAL SECURITY INCOME 22,839
UNDER TITLE XVI OF THE "SOCIAL SECURITY ACT," 86 STAT. 1475 22,840
(1972), 42 U.S.C.A. 1383, AS AMENDED. 22,841
(C) As soon as possible after the start of EACH fiscal 22,843
years 1998 and 1999 YEAR, the Department DEPARTMENT shall 22,844
distribute, in a single payment, the funds appropriated that 22,846
fiscal year for the Non-TANF Emergency Assistance Program PROGRAM 22,848
to the Ohio State Set-Aside Committee STATE SET-ASIDE COMMITTEE 22,850
of the Federal Emergency Management Agency FEDERAL EMERGENCY 22,851
MANAGEMENT AGENCY or to a fiscal agent designated by the 22,853
Committee COMMITTEE. The Committee COMMITTEE shall determine the 22,855
amount of the appropriation to be allocated to each county, and 22,856
the Committee COMMITTEE or its fiscal agent shall distribute the 22,857
allocations to the counties. Each county's allocation shall be 22,859
paid to a nonprofit entity that serves as the county's emergency
food and shelter board or to a fiscal agent designated by the 22,860
entity. If an entity serves as the emergency food and shelter 22,861
board for more than one county, the allocation for each of those 22,862
counties shall be paid to that entity. 22,863
The Committee COMMITTEE may reallocate funds during A 22,866
fiscal years 1998 and 1999 YEAR based on its determination of 22,868
local needs and expenditures.
The Committee COMMITTEE or its fiscal agent may use up to 22,871
three per cent of the fiscal years 1998 and 1999 appropriation 22,872
527
AMOUNT APPROPRIATED FOR A FISCAL YEAR for administrative 22,873
expenses. The Committee COMMITTEE may allow any county entity 22,875
receiving funds under this section in fiscal years 1998 and 1999, 22,876
the entity's fiscal agent, or an entity designated by the county 22,877
entity to use up to four per cent of the county's allocation for 22,879
administrative expenses.
(D) If any local entity returns unexpended fiscal year 22,881
1998 Non-TANF Emergency Assistance funds FOR THE PROGRAM to the 22,884
State Set-Aside Committee COMMITTEE, the Committee COMMITTEE 22,886
shall return the funds to the department. The department shall 22,887
seek approval from the Controlling Board CONTROLLING BOARD to 22,889
transfer the unexpended funds to increase the THAT fiscal year 22,890
1999 YEAR'S appropriation for Non-TANF Emergency Assistance THE 22,893
PROGRAM. If the Controlling Board CONTROLLING BOARD approves the 22,895
increase, the Department DEPARTMENT shall distribute the 22,896
increased appropriation to the Committee COMMITTEE or its fiscal 22,898
agent. The Committee COMMITTEE may allocate, distribute, and 22,899
reallocate the additional funds in the same manner as other 22,900
fiscal year 1999 Non-TANF Emergency Assistance funds APPROPRIATED 22,903
THAT FISCAL YEAR FOR THE PROGRAM.
(E) Each entity receiving funds under this section shall 22,906
report to the Set-Aside Committee COMMITTEE, in the form and 22,908
manner required by the Committee COMMITTEE, information regarding 22,911
the entity's use of the funds. The Committee COMMITTEE shall 22,912
compile the information received from these reports and provide 22,913
it to the Department DEPARTMENT and the General Assembly GENERAL 22,916
ASSEMBLY. The Committee COMMITTEE shall provide the Department 22,918
DEPARTMENT and the General Assembly GENERAL ASSEMBLY with the 22,920
information no later than THE THIRTIETH DAY OF September 30 of 22,921
each fiscal year. 22,922
Sec. 5101.93. (A) There is hereby established a welfare 22,932
oversight council consisting of eight voting members, four of 22,933
whom shall be members of the house of representatives, two 22,934
appointed by the speaker and two appointed by the minority leader 22,935
528
of the house of representatives, not more than two of whom shall 22,936
be members of the same political party, and four of whom shall be 22,937
members of the senate, two appointed by the president and two 22,938
appointed by the minority leader of the senate, not more than two 22,939
of whom shall be members of the same political party. The 22,940
director of administrative services, the administrator of the 22,941
bureau of employment services, THE DIRECTOR OF AGING, and the 22,942
director of human services shall be ex officio nonvoting members 22,944
and two representatives of the general public appointed by the 22,945
governor shall be nonvoting members of the council. The council 22,946
may, by a majority vote, add other nonvoting members to the 22,947
council. A vacancy on the council shall be filled in the same 22,949
manner as the original appointment. 22,950
(B) The speaker of the house of representatives shall 22,952
designate the initial chairperson of the welfare oversight 22,953
council and the president of the senate shall designate the 22,954
initial vice-chairperson of the council. Thereafter, the 22,955
authority to designate the chairperson and the vice-chairperson 22,956
shall alternate between the speaker of the house and the 22,957
president of the senate. The chairperson and vice-chairperson 22,958
and other members of the council shall serve one-year terms. 22,959
The council shall meet at least four times a year in 22,962
Columbus or other locations selected by the chairperson to 22,963
monitor and review the Ohio works first program established under 22,964
Chapter 5107. of the Revised Code, including sanctions AND 22,965
TERMINATIONS imposed under section 5107.16 of the Revised Code;
the prevention, retention, and contingency program established 22,967
under Chapter 5108. of the Revised Code; and the department of 22,968
human services, county departments of human services, child 22,969
support enforcement agencies, and public children services 22,970
agencies. The council may visit the department, county 22,971
departments, and agencies. 22,972
The chairperson of the council shall determine the agenda 22,975
for each meeting of the council, except that if at least four 22,976
529
legislative members of the council submit a written request to 22,977
the chairperson to consider an item, the chairperson shall place 22,978
the item on the agenda of the council's next regularly scheduled 22,979
meeting occurring more than ten days after the written request is 22,980
submitted to the chairperson.
(C) The members of the welfare oversight council shall 22,982
serve without compensation but shall be reimbursed for their 22,983
actual and necessary expenses incurred in the discharge of their 22,984
official duties. In the discharge of its duties the council may 22,986
issue subpoenas compelling the attendance of witnesses and the 22,987
production of any records of the department of human services or 22,988
local agencies. The council shall adopt rules to implement this 22,989
section.
(D) The welfare oversight council shall advise the general 22,991
assembly on the performance of the department of human services, 22,993
county departments of human services, child support enforcement 22,994
agencies, and public children services agencies. The council 22,995
shall submit recommendations to the general assembly for any 22,996
changes in law that the council considers necessary or 22,997
appropriate. Between lines 9,970a and 9,979, insert: 22,998
Sec. 5104.30. (A) The department of human services is 23,007
hereby designated as the state agency responsible for 23,008
administration and coordination of federal and state funding for 23,009
publicly funded child day-care in this state. Publicly funded 23,010
child day-care shall be provided to the following: 23,011
(1) Recipients of transitional child day-care as provided 23,013
under section 5104.34 of the Revised Code; 23,014
(2) Participants in the Ohio works first program 23,017
established under Chapter 5107. of the Revised Code;
(3) INDIVIDUALS WHO WOULD BE PARTICIPATING IN THE OHIO 23,019
WORKS FIRST PROGRAM IF NOT FOR A SANCTION UNDER SECTION 5107.16 23,020
OF THE REVISED CODE AND WHO CONTINUE TO PARTICIPATE IN A WORK 23,021
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 23,022
PURSUANT TO AN ASSIGNMENT UNDER SECTION 5107.42 OF THE REVISED 23,023
530
CODE;
(4) A family receiving publicly funded child day-care on 23,025
October 1, 1997, until the family's income reaches one hundred 23,027
fifty per cent of the federal poverty line;
(4)(5) Subject to available funds, other individuals 23,029
determined eligible in accordance with rules adopted under 23,031
section 5104.38 of the Revised Code.
The department shall apply to the United States department 23,034
of health and human services for authority to operate a 23,035
coordinated program for publicly funded child day-care, if the 23,036
director of human services determines that the application is 23,037
necessary. For purposes of this section, the department of human 23,038
services may enter into agreements with other state agencies that 23,039
are involved in regulation or funding of child day-care. The 23,040
department shall consider the special needs of migrant workers 23,041
when it administers and coordinates publicly funded child 23,042
day-care and shall develop appropriate procedures for 23,043
accommodating the needs of migrant workers for publicly funded 23,044
child day-care.
(B) The department of human services shall distribute 23,046
state and federal funds for publicly funded child day-care, 23,047
including appropriations of state funds for publicly funded child 23,048
day-care and appropriations of federal funds for publicly funded 23,049
child day-care under Title XX of the "Social Security Act," 88 23,051
Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, and the child 23,052
care block grant act. The department may use any state funds 23,053
appropriated for publicly funded child day-care as the state 23,054
share required to match any federal funds appropriated for 23,055
publicly funded child day-care.
(C) The department may use federal funds available under 23,057
the child care block grant act to hire staff to prepare any rules 23,058
required under this chapter and to administer and coordinate 23,059
federal and state funding for publicly funded child day-care. 23,060
Not more than five per cent of the aggregate amount of 23,063
531
those federal funds received for a fiscal year may be expended 23,064
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 23,065
(1) Activities designed to provide comprehensive consumer 23,067
education to parents and the public; 23,068
(2) Activities that increase parental choice; 23,070
(3) Activities, including child day-care resource and 23,072
referral services, designed to improve the quality, and increase 23,073
the supply, of child day-care.
(D) The department shall ensure that any federal funds 23,075
received by the state under the child care block grant act will 23,076
be used only to supplement, and will not be used to supplant, 23,077
federal, state, and local funds available on the effective date 23,078
of that act for publicly funded child day-care and related 23,079
programs. A county department of human services may purchase 23,080
child day-care from funds obtained through any other means. 23,081
(E) The department shall encourage the development of 23,083
suitable child day-care throughout the state, especially in areas 23,084
with high concentrations of recipients of public assistance and 23,085
families with low incomes. The department shall encourage the 23,087
development of suitable child day-care designed to accommodate 23,088
the special needs of migrant workers. On request, the 23,089
department, through its employees or contracts with state or
community child day-care resource and referral service 23,090
organizations, shall provide consultation to groups and 23,091
individuals interested in developing child day-care. The 23,092
department of human services may enter into interagency 23,093
agreements with the department of education, the board of 23,094
regents, the department of development, and other state agencies 23,095
and entities whenever the cooperative efforts of the other state 23,096
agencies and entities are necessary for the department of human 23,097
services to fulfill its duties and responsibilities under this 23,098
chapter. 23,099
The department may develop and maintain a registry of 23,101
532
persons providing child day-care and may adopt rules pursuant to 23,102
Chapter 119. of the Revised Code establishing procedures and 23,104
requirements for its administration.
(F) The department shall adopt rules in accordance with 23,106
Chapter 119. of the Revised Code establishing a procedure for 23,107
determining rates of reimbursement and a procedure for paying 23,108
providers of publicly funded child day-care. In establishing 23,109
rates of reimbursement pursuant to this division, the department 23,110
shall use the information obtained under division (B)(3) of 23,111
section 5104.04 of the Revised Code and may establish different 23,112
rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special 23,113
needs of the child, whether expanded hours of service are 23,114
provided, whether weekend service is provided, whether the 23,115
provider has exceeded the minimum requirements of state statutes 23,116
and rules governing child day-care, and any other factors the 23,117
department considers appropriate. The department shall establish 23,118
an enhanced rate of reimbursement for providers who provide child 23,119
day-care for caretaker parents who work nontraditional hours.
FOR A TYPE B FAMILY DAY-CARE HOME THAT HAS RECEIVED LIMITED 23,121
CERTIFICATION PURSUANT TO RULES ADOPTED UNDER DIVISION (G)(1) OF 23,122
SECTION 5104.011 OF THE REVISED CODE, THE DEPARTMENT SHALL ADOPT 23,124
RULES ESTABLISHING A REIMBURSEMENT RATE THAT IS SEVENTY-FIVE PER
CENT OF THE REIMBURSEMENT RATE THAT APPLIES TO A TYPE B FAMILY 23,126
DAY-CARE HOME CERTIFIED BY THE SAME COUNTY DEPARTMENT OF HUMAN 23,127
SERVICES PURSUANT TO SECTION 5104.11 OF THE REVISED CODE, 23,128
REGARDLESS OF THE DATE ON WHICH THE HOME RECEIVED LIMITED 23,129
CERTIFICATION.
Sec. 5104.34. (A)(1) Each county department of human 23,138
services shall implement procedures for making determinations of 23,139
eligibility for publicly funded child day-care. Under those 23,140
procedures, the eligibility determination for each applicant 23,141
shall be made no later than thirty calendar days from the date 23,142
the county department receives a completed application for 23,143
533
publicly funded child day-care. Each applicant shall be notified 23,144
promptly of the results of the eligibility determination. An 23,145
applicant aggrieved by a decision or delay in making an 23,146
eligibility determination may appeal the decision or delay to the 23,147
department of human services in accordance with section 5101.35 23,148
of the Revised Code. The due process rights of applicants shall 23,149
be protected. 23,150
To the extent permitted by federal law, the county 23,152
department may make all determinations of eligibility for 23,153
publicly funded child day-care, may contract with child day-care 23,154
providers or child day-care resource and referral service 23,155
organizations for the providers or resource and referral service 23,156
organizations to make all or any part of the determinations, and 23,157
may contract with child day-care providers or child day-care 23,158
resource and referral service organizations for the providers or 23,159
resource and referral service organizations to collect specified 23,160
information for use by the county department in making 23,161
determinations. If a county department contracts with a child 23,162
day-care provider or a child day-care resource and referral 23,163
service organization for eligibility determinations or for the 23,164
collection of information, the contract shall require the 23,165
provider or resource and referral service organization to make 23,166
each eligibility determination no later than thirty calendar days 23,167
from the date the provider or resource and referral organization 23,168
receives a completed application that is the basis of the 23,169
determination and to collect and transmit all necessary 23,170
information to the county department within a period of time that 23,171
enables the county department to make each eligibility 23,172
determination no later than thirty days after the filing of the 23,173
application that is the basis of the determination. 23,174
The county department may station employees of the 23,176
department in various locations throughout the county and may 23,177
assign employees of the department to hours of employment outside 23,178
the normal working hours of the department to collect information 23,179
534
relevant to applications for publicly funded child day-care and 23,180
to make eligibility determinations. The county department, child 23,181
day-care provider, and child day-care resource and referral 23,182
service organization shall make each determination of eligibility 23,183
for publicly funded child day-care no later than thirty days 23,184
after the filing of the application that is the basis of the 23,185
determination, shall make each determination in accordance with 23,186
any relevant rules adopted pursuant to section 5104.38 of the 23,187
Revised Code, and shall notify promptly each applicant for 23,188
publicly funded child day-care of the results of the 23,189
determination of the applicant's eligibility. 23,190
On or before October 1, 1991, the department of human 23,192
services shall adopt rules in accordance with Chapter 119. of the 23,193
Revised Code for monitoring the eligibility determination 23,194
process. In accordance with those rules, the state department 23,195
shall monitor eligibility determinations made by county 23,196
departments of human services and shall direct any entity that is 23,197
not in compliance with this division or any rule adopted under 23,198
this division to implement corrective action specified by the 23,199
department. 23,200
(2) All eligibility determinations for publicly funded 23,203
child day-care shall be made in accordance with rules adopted by 23,204
the department of human services pursuant to division (A) of 23,205
section 5104.38 of the Revised Code and, if a county department 23,207
of human services specifies, pursuant to rules adopted under 23,208
division (B) of that section, a maximum amount of income a family 23,210
may have to be eligible for publicly funded child day-care, the 23,211
income maximum specified by the county department. Publicly 23,212
funded child day-care may be provided only to eligible infants, 23,213
toddlers, preschool children, and school children under age 23,214
thirteen. For an applicant to be eligible for publicly funded 23,215
child day-care, the caretaker parent must be employed or 23,216
participating in a program of education or training for an amount 23,217
of time reasonably related to the time that the parent's children 23,218
535
are receiving publicly funded child day-care. This restriction 23,219
does not apply to families whose children are eligible for
protective or special needs day-care. 23,220
Subject to available funds, a county department of human 23,222
services shall allow a family to receive publicly funded child 23,224
day-care unless the family's income exceeds the maximum income 23,227
eligibility limit. Initial and continued eligibility for 23,228
publicly funded child day-care is subject to available funds 23,229
unless the family is receiving transitional child day-care as 23,231
provided under this section, participating in the Ohio works 23,232
first program established under Chapter 5107. of the Revised 23,233
Code, or was receiving publicly funded child day-care on October 23,235
1, 1997, and has a family income below one hundred fifty per cent 23,236
of the federal poverty line PURSUANT TO DIVISION (A)(1), (2), 23,237
(3), OR (4) OF SECTION 5104.30 OF THE REVISED CODE. If the 23,238
department must limit eligibility due to lack of available funds, 23,240
it shall give first priority for publicly funded child day-care 23,241
to an assistance group whose income is not more than the maximum 23,242
income eligibility limit that received transitional child 23,244
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 23,245
shall continue to receive priority for publicly funded child 23,246
day-care until its income exceeds the maximum income eligibility 23,248
limit.
(3) An assistance group that ceases to participate in the 23,250
Ohio works first program established under Chapter 5107. of the 23,252
Revised Code is eligible for transitional child day-care at any 23,254
time during the immediately following twelve-month period that 23,255
both of the following apply:
(a) The assistance group requires child day-care due to 23,257
employment; 23,258
(b) The assistance group's income is not more than one 23,260
hundred fifty per cent of the federal poverty line. 23,261
An assistance group ineligible to participate in the Ohio 23,263
536
works first program pursuant to section 5101.83 or section 23,264
5107.16 of the Revised Code is not eligible for transitional 23,267
child day-care. 23,268
(B) To the extent permitted by federal law, a county 23,270
department of human services may require a caretaker parent 23,271
determined to be eligible for publicly funded child day-care to 23,272
pay a fee according to the schedule of fees established in rules 23,273
adopted under section 5104.38 of the Revised Code. Each county 23,274
department shall make protective day-care services available to 23,275
children without regard to the income or assets of the caretaker 23,276
parent of the child. 23,277
(C) A caretaker parent receiving publicly funded child 23,279
day-care shall report to the entity that determined eligibility 23,281
any changes in status with respect to employment or participation 23,282
in a program of education or training.
(D) If a county department of human services determines 23,284
that available resources are not sufficient to provide publicly 23,285
funded child day-care to all eligible families who request it, 23,286
the county department may establish a waiting list. A county 23,287
department may establish separate waiting lists within the 23,288
waiting list based on income. When resources become available to 23,290
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 23,291
assess the needs of the next family scheduled to receive publicly 23,293
funded child day-care. If the assessment demonstrates that the 23,294
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 23,295
family. If the county department determines that the family is 23,296
no longer eligible or no longer needs publicly funded child 23,297
day-care, the county department shall remove the family from the 23,298
waiting list.
(E) As used in this section, "maximum income eligibility 23,301
limit" means the amount of income specified in rules adopted 23,302
under division (A) of section 5104.38 of the Revised Code or, if 23,305
537
a county department of human services specifies a higher amount 23,306
pursuant to rules adopted under division (B) of that section, the 23,308
amount the county department specifies.
Sec. 5104.341. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 23,311
THIS SECTION, AN ELIGIBILITY DETERMINATION MADE UNDER SECTION 23,312
5104.34 OF THE REVISED CODE FOR PUBLICLY FUNDED CHILD DAY-CARE IS 23,313
VALID FOR ONE YEAR AND A FEE CHARGED UNDER DIVISION (B) OF THAT 23,314
SECTION SHALL NOT BE CHANGED DURING THAT ONE-YEAR PERIOD. 23,315
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY IN EITHER 23,318
OF THE FOLLOWING CIRCUMSTANCES: 23,319
(1) THE PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED UNDER 23,321
DIVISION (B)(4) OF SECTION 5104.35 OF THE REVISED CODE; 23,322
(2) THE RECIPIENT OF THE PUBLICLY FUNDED CHILD DAY-CARE 23,324
CEASES TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE. 23,325
Sec. 5104.38. In addition to any other rules adopted under 23,334
this chapter, the department of human services shall adopt rules 23,335
in accordance with Chapter 119. of the Revised Code governing 23,337
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 23,338
(A) Procedures and criteria to be used in making 23,340
determinations of eligibility for publicly funded child day-care 23,341
that give priority to children of families with lower incomes and 23,343
procedures and criteria for eligibility for publicly funded 23,344
protective day-care. The rules shall specify the maximum amount 23,345
of income a family may have for initial and continued 23,346
eligibility. The UNTIL JULY 1, 2000, THE maximum amount shall 23,348
not exceed one hundred eighty-five per cent of the federal 23,349
poverty line. EFFECTIVE JULY 1, 2000, THE MAXIMUM AMOUNT SHALL 23,350
NOT EXCEED TWO HUNDRED PER CENT OF THE FEDERAL POVERTY LINE.
(B) Procedures under which a county department of human 23,352
services may, if the department, under division (A) of this 23,354
section, specifies a maximum amount of income a family may have 23,355
for eligibility for publicly funded child day-care that is less 23,356
than one hundred eighty-five per cent of the federal poverty line 23,357
538
THE MAXIMUM AMOUNT SPECIFIED IN THAT DIVISION, specify a maximum 23,358
amount of income a family residing in the county the county 23,359
department serves may have for initial and continued eligibility 23,360
for publicly funded child day-care that is higher than the amount 23,361
specified by the department but does not exceed one hundred 23,362
eighty-five per cent of the federal poverty line THE MAXIMUM
AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION; 23,363
(C) A schedule of fees requiring all eligible caretaker 23,366
parents to pay a fee for publicly funded child day-care according 23,367
to income and family size, which shall be uniform for all types 23,368
of publicly funded child day-care, except as authorized by rule, 23,369
and, to the extent permitted by federal law, shall permit the use 23,371
of state and federal funds to pay the customary deposits and 23,372
other advance payments that a provider charges all children who 23,373
receive child day-care from that provider;. THE SCHEDULE OF FEES 23,374
MAY NOT PROVIDE FOR A CARETAKER PARENT TO PAY A FEE THAT EXCEEDS 23,375
TEN PER CENT OF THE PARENT'S FAMILY INCOME. 23,376
(D) A formula based upon a percentage of the county's 23,378
total expenditures for publicly funded child day-care for 23,379
determining the maximum amount of state and federal funds 23,380
appropriated for publicly funded child day-care that a county 23,381
department may use for administrative purposes; 23,382
(E) Procedures to be followed by the department and county 23,384
departments in recruiting individuals and groups to become 23,385
providers of child day-care; 23,386
(F) Procedures to be followed in establishing state or 23,388
local programs designed to assist individuals who are eligible 23,389
for publicly funded child day-care in identifying the resources 23,390
available to them and to refer the individuals to appropriate 23,391
sources to obtain child day-care; 23,392
(G) Procedures to deal with fraud and abuse committed by 23,394
either recipients or providers of publicly funded child day-care; 23,395
(H) Procedures for establishing a child day-care grant or 23,397
loan program in accordance with the child care block grant act; 23,398
539
(I) Standards and procedures for applicants to apply for 23,400
grants and loans, and for the department to make grants and 23,401
loans; 23,402
(J) A definition of "person who stands in loco parentis" 23,404
for the purposes of division (HH)(1) of section 5104.01 of the 23,406
Revised Code;
(K) Any other rules necessary to carry out sections 23,408
5104.30 to 5104.39 of the Revised Code. 23,409
Sec. 5107.02. As used in this chapter: 23,419
(A) "Adult" means an individual who is not a minor child. 23,421
(B) "Assistance group" means a group of individuals 23,423
treated as a unit for purposes of determining eligibility for and 23,424
the amount of assistance provided under Ohio works first. 23,425
(C) "CUSTODIAL PARENT" MEANS EITHER PARENT, UNLESS THE 23,427
PARENTS ARE SEPARATED OR DIVORCED OR THEIR MARRIAGE HAS BEEN 23,428
DISSOLVED OR ANNULLED, IN WHICH CASE "CUSTODIAL PARENT" MEANS THE 23,429
PARENT WHO IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE 23,430
CHILD.
(D) "CUSTODIAN" MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTODY, 23,432
AS DEFINED IN SECTION 2151.011 OF THE REVISED CODE, OF A MINOR 23,433
CHILD.
(E) "GUARDIAN" MEANS AN INDIVIDUAL THAT IS GRANTED 23,435
AUTHORITY BY A PROBATE COURT PURSUANT TO CHAPTER 2111. OF THE 23,436
REVISED CODE TO EXERCISE PARENTAL RIGHTS OVER A MINOR CHILD TO 23,437
THE EXTENT PROVIDED IN THE COURT'S ORDER AND SUBJECT TO RESIDUAL 23,438
PARENTAL RIGHTS OF THE MINOR CHILD'S PARENTS.
(F) "Minor child" means either of the following: 23,440
(1) An individual who has not attained age eighteen; 23,442
(2) An individual who has not attained age nineteen and is 23,445
a full-time student in a secondary school or in the equivalent 23,446
level of vocational or technical training.
(D)(G) "Minor head of household" means a minor child who 23,448
is a CUSTODIAL parent of a child included in the same assistance 23,451
group that does not include an adult.
540
(E)(H) "Ohio works first" means the program established by 23,453
this chapter known as temporary assistance for needy families in 23,454
Title IV-A. 23,455
(F)(I) "Payment standard" means the amount specified in 23,457
rules adopted under section 5107.05 of the Revised Code that is 23,459
the maximum amount of cash assistance an assistance group may 23,461
receive under Ohio works first from state and federal funds. 23,462
(G)(J) "Specified relative" means the following 23,464
individuals who are age eighteen or older: 23,465
(1) The following individuals related by blood or 23,467
adoption: 23,468
(a) Grandparents, including grandparents with the prefix 23,471
"great," "great-great," or "great-great-great;";
(b) Siblings; 23,473
(c) Aunts, uncles, nephews, and nieces, including such 23,476
relatives with the prefix "great," "great-great.," "grand," or 23,478
"great-grand;";
(d) First cousins and first cousins once removed. 23,481
(2) Stepparents and stepsiblings; 23,483
(3) Spouses and former spouses of individuals named in 23,486
division (G)(J)(1) or (2) of this section. 23,487
(H)(K) "Title IV-A" or "Title IV-D" mean MEANS Title IV-A 23,490
or Title IV-D of the "Social Security Act," 49 Stat. 620 (1935), 23,492
42 U.S.C. 301, as amended. 23,493
Sec. 5107.05. The department of human services shall adopt 23,503
rules to implement this chapter. The rules shall be consistent 23,504
with Title IV-A, Title IV-D, federal regulations, state law, the 23,505
Title IV-A state plan submitted to the United States secretary of 23,507
health and human services under section 5101.80 of the Revised 23,509
Code, amendments to the plan, and waivers granted by the United 23,511
States secretary. Rules governing eligibility, program 23,512
participation, and other applicant and participant requirements 23,513
shall be adopted in accordance with Chapter 119. of the Revised 23,515
Code. Rules governing financial and other administrative 23,516
541
requirements applicable to the department and county departments 23,517
of human services shall be adopted in accordance with section 23,518
111.15 of the Revised Code. 23,519
(A) The rules shall specify, establish, or govern all of 23,521
the following: 23,522
(1) A payment standard for Ohio works first based on 23,524
federal and state appropriations; 23,525
(2) The method of determining the amount of cash 23,527
assistance an assistance group receives under Ohio works first; 23,528
(3) Requirements for initial and continued eligibility for 23,531
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 23,532
The rules regarding income shall specify what is countable 23,533
income, gross earned income, and gross unearned income for the 23,534
purpose of section 5107.10 of the Revised Code. 23,535
(4) For the purpose of section 5107.12 of the Revised 23,538
Code, application and verification procedures, including the 23,539
minimum information an application must contain;. THE MINIMUM 23,540
INFORMATION SHALL INCLUDE AT LEAST TWO TELEPHONE NUMBERS A COUNTY 23,541
DEPARTMENT OF HUMAN SERVICES CAN CALL TO CONTACT MEMBERS OF AN 23,542
ASSISTANCE GROUP. THE SECOND TELEPHONE NUMBER SHALL BE OF AN 23,543
INDIVIDUAL WHO CAN CONTACT AN ASSISTANCE GROUP MEMBER FOR THE 23,544
COUNTY DEPARTMENT IF THE COUNTY DEPARTMENT IS UNABLE TO CONTACT
AN ASSISTANCE GROUP MEMBER USING THE FIRST TELEPHONE NUMBER. 23,545
(5) The extent to which a participant of Ohio works first 23,547
must notify, pursuant to section 5107.12 of the Revised Code, a 23,549
county department of human services of additional income not 23,550
previously reported to the county department; 23,551
(6) Requirements for the collection and distribution of 23,553
support payments owed participants of Ohio works first pursuant 23,554
to section 5107.20 of the Revised Code; 23,556
(7) For the purpose of section 5107.22 of the Revised 23,559
Code, what constitutes cooperating in establishing a minor 23,560
child's paternity or establishing, modifying, or enforcing a 23,561
542
child support order and good cause for failure or refusal to 23,562
cooperate. The rule shall be consistent with 42 U.S.C.A. 23,563
654(29). 23,564
(8) The administration of the LEAP program provided for 23,566
under section 5107.30 of the Revised Code; 23,567
(9) Circumstances under which a county department of human 23,569
services may exempt a minor head of household or adult from 23,570
participating in a work activity or developmental activity for 23,571
all or some of the weekly hours otherwise required by section 23,572
5107.43 of the Revised Code. Circumstances shall include that a 23,573
school or place of work is closed due to a holiday or weather or 23,575
other emergency and that an employer grants the minor head of 23,576
household or adult leave for illness or earned vacation.
(10) The maximum amount of time the department will 23,578
subsidize positions created by state agencies and political 23,579
subdivisions under division (C) of section 5107.52 of the Revised 23,581
Code.
(B) The rules may provide that a county department of 23,584
human services is not required to take action under section 23,585
5107.76 of the Revised Code to recover an erroneous payment that 23,587
is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section: 23,596
(1) "Countable income," "gross earned income," and "gross 23,598
unearned income" have the meanings established in rules adopted 23,599
under section 5107.05 of the Revised Code. 23,600
(2) "Gross income" means gross earned income and gross 23,602
unearned income. 23,603
(3) "Strike" means continuous concerted action in failing 23,605
to report to duty; willful absence from one's position; or 23,606
stoppage of work in whole from the full, faithful, and proper 23,607
performance of the duties of employment, for the purpose of 23,608
inducing, influencing, or coercing a change in wages, hours, 23,609
terms, and other conditions of employment. "Strike" does not 23,610
include a stoppage of work by employees in good faith because of 23,611
543
dangerous or unhealthful working conditions at the place of 23,612
employment that are abnormal to the place of employment. 23,613
(B) Under the Ohio works first program, an assistance 23,615
group shall receive, except as otherwise provided by this 23,617
chapter, time-limited cash assistance. In the case of an 23,618
assistance group that includes a minor head of household or 23,619
adult, assistance shall be provided in accordance with the 23,620
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 23,623
assistance group must meet all of the following requirements: 23,624
(1) The assistance group, except as provided in division 23,626
(E) of this section, must include at least one of the following: 23,628
(a) A minor child who, except as provided in section 23,630
5107.24 of the Revised Code, resides with a custodial parent, 23,632
legal guardian, CUSTODIAN, or specified relative caring for the 23,633
child;
(b) A specified relative of a minor child receiving 23,635
supplemental security income under Title XIV of the "Social 23,636
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 23,638
amended, or federal, state, or local foster care or adoption
assistance who resides with and cares for the minor child; 23,639
(c) A woman at least six months pregnant. 23,641
(2) The assistance group must meet the income requirements 23,644
established by division (D) of this section. 23,645
(3) No member of the assistance group may be involved in a 23,647
strike.
(4) The assistance group must satisfy the requirements for 23,650
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 23,652
(5) The assistance group must meet requirements for Ohio 23,654
works first established by rules adopted under section 5107.05 of 23,656
the Revised Code. 23,657
(D)(1) Except as provided in division (D)(3) of this 23,659
544
section, to determine whether an assistance group is initially 23,660
eligible to participate in Ohio works first, a county department 23,662
of human services shall do the following:
(a) Determine whether the assistance group's gross income 23,665
exceeds the following amount:
Size of Assistance Group Gross Income 23,668
1 $423 23,670
2 $537 23,671
3 $630 23,672
4 $750 23,673
5 $858 23,674
6 $942 23,675
7 $1,038 23,676
8 $1,139 23,677
9 $1,241 23,678
10 $1,343 23,679
11 $1,440 23,680
12 $1,542 23,681
13 $1,643 23,682
14 $1,742 23,683
15 $1,844 23,684
For each person in the assistance group that brings the 23,687
assistance group to more than fifteen persons, add one hundred 23,688
two dollars to the amount of gross income for an assistance group 23,690
of fifteen specified in division (D)(1)(a) of this section. 23,691
In making this determination, the county department shall 23,694
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 23,696
disregarded. The assistance group is ineligible to participate 23,697
in Ohio works first if the assistance group's gross income, less 23,698
the amounts disregarded, exceeds the amount specified in division 23,699
(D)(1)(a) of this section. 23,700
(b) If the assistance group's gross income, less the 23,703
amounts disregarded pursuant to division (D)(1)(a) of this 23,705
545
section, does not exceed the amount specified in that division,
determine whether the assistance group's countable income is less 23,707
than the payment standard. The assistance group is ineligible to 23,708
participate in Ohio works first if the assistance group's 23,709
countable income equals or exceeds the payment standard. 23,711
(2) To determine whether an assistance group participating 23,714
in Ohio works first continues to be eligible to participate, a 23,715
county department of human services shall determine whether the 23,716
assistance group's countable income continues to be less than the 23,717
payment standard. In making this determination, the county 23,718
department shall disregard the first two hundred fifty dollars 23,719
and fifty per cent of the remainder of the assistance group's 23,720
gross earned income for the first eighteen months after the first 23,721
month the assistance group receives gross earned income while 23,722
participating in Ohio works first. No amounts shall be 23,723
disregarded from the assistance group's gross unearned income. 23,724
The assistance group ceases to be eligible to participate in Ohio 23,725
works first if its countable income, less the amounts 23,726
disregarded, equals or exceeds the payment standard. 23,727
(3) If an assistance group reapplies to participate in 23,729
Ohio works first not more than four months after ceasing to 23,730
participate, a county department of human services shall use the 23,732
income requirement established by division (D)(2) of this section 23,733
to determine eligibility for resumed participation rather than 23,734
the income requirement established by division (D)(1) of this 23,736
section.
(E)(1) An assistance group may continue to participate in 23,738
Ohio works first even though a public children services agency 23,739
removes the assistance group's minor children from the assistance 23,741
group's home due to abuse, neglect, or dependency if the agency 23,742
does both of the following:
(a) Notifies the county department of human services at 23,745
the time the agency removes the children that it believes the 23,746
children will be able to return to the assistance group within 23,747
546
three months;
(b) Informs the county department at the end of both of 23,750
the first two months after the agency removes the children that 23,751
the CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 23,752
relative of the children is cooperating with the case plans 23,754
prepared for the children under section 2151.412 of the Revised 23,755
Code and that the agency is making reasonable efforts to return 23,757
the children to the assistance group.
(2) An assistance group may continue to participate in 23,759
Ohio works first pursuant to division (E)(1) of this section for 23,761
not more than three payment months. This division does not 23,762
affect the eligibility of an assistance group that includes a 23,763
woman at least six months pregnant. 23,764
Sec. 5107.11. IF A MINOR CHILD APPLYING FOR OR 23,766
PARTICIPATING IN OHIO WORKS FIRST RESIDES WITH A CUSTODIAL 23,768
PARENT, THE PARENT SHALL BE A MEMBER OF THE MINOR CHILD'S 23,769
ASSISTANCE GROUP. IF A MINOR CHILD APPLYING FOR OR PARTICIPATING 23,770
IN OHIO WORKS FIRST RESIDES WITH A GUARDIAN, CUSTODIAN, OR 23,771
SPECIFIED RELATIVE, THE GUARDIAN, CUSTODIAN, OR SPECIFIED
RELATIVE SHALL CHOOSE WHETHER TO BE A MEMBER OF THE MINOR CHILD'S 23,773
ASSISTANCE GROUP. THE GUARDIAN, CUSTODIAN, OR SPECIFIED RELATIVE 23,775
MAY CHOOSE NOT TO BE A MEMBER OF THE MINOR CHILD'S ASSISTANCE 23,776
GROUP EVEN IF THE GUARDIAN, CUSTODIAN, OR SPECIFIED RELATIVE IS A 23,777
MEMBER OF ANOTHER ASSISTANCE GROUP. IF THE GUARDIAN, CUSTODIAN, 23,778
OR SPECIFIED RELATIVE CHOOSES TO BE A MEMBER OF THE MINOR CHILD'S 23,779
ASSISTANCE GROUP, THE GUARDIAN, CUSTODIAN, OR SPECIFIED RELATIVE 23,780
IS SUBJECT TO THE REQUIREMENTS OF THE OHIO WORKS FIRST PROGRAM. 23,781
Sec. 5107.16. (A) If a member of an assistance group 23,791
fails or refuses, without good cause, to comply in full with a 23,792
provision of a self-sufficiency contract entered into under 23,793
section 5107.14 of the Revised Code, a county department OF HUMAN 23,794
SERVICES shall sanction the assistance group as follows: 23,795
(1) For a first failure or refusal, the county department 23,797
shall deny or terminate the NOT PROVIDE A CASH assistance group's 23,799
547
eligibility to participate in PAYMENT UNDER Ohio works first TO 23,800
THE ASSISTANCE GROUP for one payment month or until the failure 23,802
or refusal ceases, whichever is longer;
(2) For a second failure or refusal, the county department 23,805
shall deny or terminate the NOT PROVIDE A CASH assistance group's 23,806
eligibility to participate in PAYMENT UNDER Ohio works first TO 23,807
THE ASSISTANCE GROUP for three payment months or until the 23,809
failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 23,811
county department shall deny or terminate the NOT PROVIDE A CASH 23,812
assistance group's eligibility to participate in PAYMENT UNDER 23,814
Ohio works first TO THE ASSISTANCE GROUP for six payment months 23,816
or until the failure or refusal ceases, whichever is longer. 23,817
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, AN 23,819
ASSISTANCE GROUP SANCTIONED UNDER DIVISION (A) OF THIS SECTION 23,821
REMAINS ELIGIBLE TO PARTICIPATE IN OHIO WORKS FIRST AND TO 23,822
RECEIVE THE BENEFITS, OTHER THAN THE CASH ASSISTANCE PAYMENT, 23,823
PROVIDED TO ASSISTANCE GROUPS PARTICIPATING IN OHIO WORKS FIRST, 23,824
INCLUDING THE FOLLOWING: 23,825
(1) EXCEPT AS PROVIDED IN DIVISION (G)(2) OF THIS SECTION, 23,827
MEDICAL ASSISTANCE PROVIDED UNDER DIVISION (A)(1)(b) OF SECTION 23,829
5111.01 OF THE REVISED CODE; 23,830
(2) PUBLICLY FUNDED CHILD DAY-CARE PROVIDED UNDER DIVISION 23,832
(A)(2) OF SECTION 5104.30 OF THE REVISED CODE; 23,833
(3) FOOD STAMP BENEFITS PROVIDED UNDER DIVISION (A)(9) OF 23,835
SECTION 5101.54 OF THE REVISED CODE. 23,836
(C) IF A SANCTION UNDER DIVISION (A) OF THIS SECTION 23,838
CONTINUES FOR MORE THAN SIX MONTHS, THE COUNTY DEPARTMENT SHALL 23,840
TERMINATE THE ASSISTANCE GROUP'S ELIGIBILITY TO PARTICIPATE IN 23,841
OHIO WORKS FIRST UNTIL THE FAILURE OR REFUSAL TO COMPLY IN FULL 23,842
WITH THE SELF-SUFFICIENCY CONTRACT CEASES. 23,844
(D) Each county department of human services shall 23,847
establish standards for the determination of good cause for 23,848
failure or refusal to comply in full with a provision of a 23,849
548
self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 23,851
a work activity, developmental activity, or alternative work 23,852
activity under sections 5107.40 to 5107.69 of the Revised Code, 23,854
good cause shall include, except as provided in division (B)(2) 23,856
of this section, the following: 23,857
(a) Failure of the county department to place the member 23,860
in an activity;
(b) Failure of the county department to provide for the 23,863
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 23,865
to be necessary. In determining whether good cause exists, a 23,866
county department shall determine that day care is a necessary 23,867
support service if a single custodial parent caring for a minor 23,868
child under age six proves a demonstrated inability, as 23,869
determined by the county department, to obtain needed child care 23,870
for one or more of the following reasons: 23,871
(i) Unavailability of appropriate child care within a 23,874
reasonable distance from the parent's home or work site; 23,875
(ii) Unavailability or unsuitability of informal child 23,878
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 23,881
child care arrangements.
(2) Good cause does not exist if the member of the 23,883
assistance group is placed in a work activity established under 23,885
section 5107.58 of the Revised Code and exhausts the support 23,886
services available for that activity. 23,887
(C)(E) When a state hearing under division (B) of section 23,890
5101.35 of the Revised Code or an administrative appeal under 23,893
division (C) of that section is held regarding a sanction OR 23,894
TERMINATION under this section, the hearing officer, director of 23,896
human services, or director's designee shall base the decision in 23,897
the hearing or appeal on the county department's standards of 23,898
good cause for failure or refusal to comply in full with a 23,899
549
provision of a self-sufficiency contract, if the county 23,900
department provides the hearing officer, director, or director's 23,901
designee a copy of the county department's good cause standards. 23,902
(D)(F) After sanctioning TERMINATING UNDER DIVISION (C) OF 23,905
THIS SECTION an assistance group under division (A) of this 23,907
section GROUP'S ELIGIBILITY TO PARTICIPATE IN OHIO WORKS FIRST, a 23,908
county department of human services shall provide the member of 23,909
the assistance group who caused the sanction TERMINATION an 23,910
opportunity to demonstrate to the county department a willingness 23,912
to cease the failure or refusal to comply with the 23,913
self-sufficiency contract.
(E)(G)(1) A minor child eligible for medical assistance 23,916
pursuant to division (A)(1)(b) of section 5111.01 of the Revised 23,919
Code who would be eligible to participate in Ohio works first if 23,921
not for a sanction TERMINATION under DIVISION (C) OF this section 23,923
does not lose eligibility for medical assistance. 23,924
(2) An adult eligible for medical assistance pursuant to 23,926
division (A)(1)(b) of section 5111.01 of the Revised Code who 23,929
would be eligible to participate in Ohio works first if not for a 23,930
sanction under division (A)(1) or (2) of this section does not 23,932
lose eligibility for medical assistance. An adult eligible for 23,933
medical assistance pursuant to division (A)(1)(b) of section 23,935
5111.01 of the Revised Code who is sanctioned under division 23,938
(A)(3) of this section loses eligibility for medical assistance 23,939
unless the adult is otherwise eligible for medical assistance 23,940
pursuant to another division of section 5111.01 of the Revised 23,942
Code. 23,943
(3) An adult eligible for medical assistance pursuant to 23,945
division (A)(1)(a) of section 5111.01 of the Revised Code who is 23,950
sanctioned under division (A)(3) of this section for a failure or 23,952
refusal, without good cause, to comply in full with a provision 23,953
of a self-sufficiency contract related to work responsibilities 23,954
under sections 5107.40 to 5107.69 of the Revised Code loses 23,955
eligibility for medical assistance unless the adult is otherwise 23,956
550
eligible for medical assistance pursuant to another division of 23,957
section 5111.01 of the Revised Code. 23,959
(H) AN ASSISTANCE GROUP INELIGIBLE TO PARTICIPATE IN OHIO 23,962
WORKS FIRST BECAUSE OF DIVISION (C) OF THIS SECTION IS ELIGIBLE 23,963
FOR PUBLICLY FUNDED CHILD DAY-CARE PURSUANT TO DIVISION (A)(3) OF 23,964
SECTION 5104.30 OF THE REVISED CODE. 23,965
Sec. 5107.161. BEFORE A COUNTY DEPARTMENT OF HUMAN 23,967
SERVICES SANCTIONS AN ASSISTANCE GROUP UNDER DIVISION (A) OF 23,968
SECTION 5107.16 OF THE REVISED CODE, THE COUNTY DEPARTMENT SHALL 23,969
PROVIDE THE ASSISTANCE GROUP WRITTEN NOTICE OF THE SANCTION. THE 23,970
WRITTEN NOTICE SHALL INCLUDE A PROVISION PRINTED IN BOLD TYPE 23,971
FACE THAT INFORMS THE ASSISTANCE GROUP THAT IT MAY REQUEST A 23,972
MEETING WITH THE COUNTY DEPARTMENT NOT LATER THAN TEN DAYS AFTER 23,973
RECEIVING THE WRITTEN NOTICE TO EXPLAIN WHY THE ASSISTANCE GROUP 23,974
BELIEVES IT SHOULD NOT BE SANCTIONED. THE WRITTEN NOTICE SHALL 23,975
INCLUDE THE TELEPHONE NUMBER OF THE ASSISTANCE GROUP'S CASEWORKER 23,976
AND THE TELEPHONE NUMBER OF AN OHIO WORKS FIRST OMBUDSPERSON 23,977
PROVIDED FOR UNDER SECTION 329.07 OF THE REVISED CODE WHO THE 23,978
ASSISTANCE GROUP MAY CALL IF UNABLE TO CONTACT THE CASEWORKER. 23,980
Sec. 5107.162. IF AN ASSISTANCE GROUP REQUESTS A MEETING 23,982
WITH A COUNTY DEPARTMENT OF HUMAN SERVICES NOT LATER THAN TEN 23,983
DAYS AFTER RECEIVING UNDER SECTION 5107.161 OF THE REVISED CODE 23,984
WRITTEN NOTICE OF A SANCTION, THE COUNTY DEPARTMENT SHALL 23,985
SCHEDULE THE MEETING AND POSTPONE IMPOSITION OF THE SANCTION 23,986
UNTIL THE SCHEDULED MEETING IS HELD. 23,987
Sec. 5107.17. WHEN AN ASSISTANCE GROUP RESUMES 23,989
PARTICIPATION IN OHIO WORKS FIRST FOLLOWING TERMINATION UNDER 23,991
SECTION 5107.16 OF THE REVISED CODE, THE TIME THE ASSISTANCE 23,993
GROUP WAS SUBJECT TO TERMINATION SHALL BE CONSIDERED A TEMPORARY 23,994
ABSENCE AND A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL NOT DO 23,995
ANY OF THE FOLLOWING:
(A) UNLESS IT IS THE REGULARLY SCHEDULED TIME FOR THE 23,997
ASSISTANCE GROUP'S ELIGIBILITY TO BE REDETERMINED, REQUIRE THAT 23,998
THE ASSISTANCE GROUP REAPPLY UNDER SECTION 5107.12 OF THE REVISED 23,999
551
CODE TO PARTICIPATE IN OHIO WORKS FIRST OR ENTER INTO A NEW 24,000
SELF-SUFFICIENCY CONTRACT UNDER SECTION 5107.14 OF THE REVISED 24,002
CODE;
(B) UNLESS THE COUNTY DEPARTMENT DETERMINES IT IS TIME FOR 24,004
A NEW APPRAISAL UNDER SECTION 5107.41 OF THE REVISED CODE, 24,005
REQUIRE THAT THE ASSISTANCE GROUP UNDERGO A NEW APPRAISAL; 24,006
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF SECTION 5107.42 24,008
OF THE REVISED CODE, REASSIGN A MEMBER OF THE ASSISTANCE GROUP TO 24,010
A DIFFERENT WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE 24,011
WORK ACTIVITY;
(D) REQUIRE A MEMBER OF THE ASSISTANCE GROUP TO REPEAT A 24,013
WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 24,014
ACTIVITY, OR COMPONENT OF SUCH AN ACTIVITY, IF THE COUNTY 24,015
DEPARTMENT IS SATISFIED THAT THE MEMBER ALREADY SUCCESSFULLY 24,016
COMPLETED THE ACTIVITY OR COMPONENT. 24,017
Sec. 5107.18. (A) Except as provided in divisions (B), 24,026
(C), (D), and (E) of this section, an assistance group is 24,028
ineligible to participate in Ohio works first if the assistance 24,029
group includes an adult who has participated in the program for
thirty-six months. The time limit applies regardless of whether 24,030
the thirty-six months are consecutive. 24,031
(B) An assistance group that has ceased to participate in 24,034
Ohio works first pursuant to division (A) of this section for at 24,036
least twenty-four months may reapply to participate in the 24,037
program if good cause exists as determined by the county 24,038
department of human services. Good cause may include losing 24,039
employment, inability to find employment, divorce, domestic 24,040
violence considerations, and unique personal circumstances. The 24,041
assistance group must provide a county department of human 24,042
services verification acceptable to the county department of 24,043
whether any members of the assistance group had employment during 24,044
the period the assistance group was not participating in Ohio 24,045
works first and the amount and sources of the assistance group's 24,046
income during that period. If a county department is satisfied 24,047
552
that good cause exists for the assistance group to reapply to 24,048
participate in Ohio works first, the assistance group may 24,049
reapply. Except as provided in divisions (C), (D), and (E) of 24,051
this section, the assistance group may not participate in Ohio 24,052
works first for more than twenty-four additional months. The 24,053
time limit applies regardless of whether the twenty-four months 24,054
are consecutive.
(C) In determining the number of months a CUSTODIAL parent 24,057
or pregnant woman has received assistance under Title IV-A, a 24,061
county department of human services shall disregard any month
during which the CUSTODIAL parent or pregnant woman was a minor 24,063
child but was neither a minor head of household nor married to 24,064
the head of an assistance group.
(D) In determining the number of months an adult has 24,067
received assistance under Title IV-A, a county department of 24,071
human services shall disregard any month during which the adult 24,072
lived on an Indian reservation or in an Alaska native village, as 24,074
those terms are used in 42 U.S.C.A. 608(a)(7)(D), if, during the 24,078
month, at least one thousand individuals lived on the reservation 24,079
or in the village and at least fifty per cent of the adults 24,080
living on the reservation or in the village were unemployed. 24,081
(E) A county department of human services may exempt not 24,084
more than twenty per cent of the average monthly number of Ohio 24,086
works first participants from the time limit established by this 24,087
section on the grounds that the county department determines that 24,088
the time limit is a hardship. In the case of the time limit 24,089
established by division (A) of this section, a county department 24,090
may not exempt an assistance group until the group has exhausted 24,091
its thirty-six months of cash assistance. 24,092
(F) The state department of human services shall 24,094
continually monitor the percentage of the average monthly number 24,095
of Ohio works first participants in each county that is exempted 24,097
under division (E) of this section from the time limit 24,098
established by this section. On determining that the percentage 24,100
553
in any county equals or exceeds eighteen per cent, the state
department shall immediately notify the county department of 24,101
human services. 24,102
(G) Only participation in Ohio works first on or after 24,104
October 1, 1997, applies to the time limit established by this 24,106
section. The time limit applies regardless of the source of 24,107
funding for the program. Assistance under Title IV-A provided by 24,110
any state applies to the time limit. The time limit is a 24,111
lifetime limit. No assistance group shall receive assistance 24,112
under the program in violation of the time limit for assistance 24,113
under Title IV-A established by section 408(a)(7) of the "Social 24,116
Security Act," as amended by the "Personal Responsibility and 24,117
Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 24,119
U.S.C.A. 608(a)(7). 24,120
Sec. 5107.22. As used in this section, "caretaker" means 24,130
the CUSTODIAL parent of a minor child or a relative acting in the 24,132
parent's place. Unless 24,133
UNLESS good cause for failure or refusal exists as 24,135
determined pursuant to rules adopted under section 5107.05 of the 24,137
Revised Code, the caretaker of a minor child shall cooperate, if 24,139
the caretaker is a member of the child's assistance group, in 24,140
establishing the child's paternity and establishing, modifying, 24,141
and enforcing a support order for the child. The child support 24,142
enforcement agency with responsibility for administering the 24,143
assistance group's paternity and support order requirements shall 24,145
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 24,146
available to the caretaker to verify the identity of the minor 24,147
child's father and establish, modify, and enforce a support 24,148
order.
A child support enforcement agency shall notify the county 24,151
department of human services serving the county in which a 24,152
caretaker resides if the agency determines that the caretaker has 24,153
failed or refused to cooperate under this section without good 24,154
554
cause and the caretaker is a member of an assistance group 24,155
participating in Ohio works first. 24,156
Sec. 5107.24. (A) As used in this section: 24,165
(1) "Adult-supervised living arrangement" means a family 24,167
setting approved, licensed, or certified by the department of 24,169
human services, the department of mental health, the department 24,170
of mental retardation and developmental disabilities, the 24,171
department of youth services, a public children services agency, 24,172
a private child placing agency, or a private noncustodial agency 24,173
that is maintained by a person age eighteen or older who assumes 24,174
responsibility for the care and control of a minor parent, 24,175
pregnant minor, or child of a minor parent or provides the minor 24,176
parent, pregnant minor, or child of a minor parent supportive 24,177
services, including counseling, guidance, and supervision. 24,178
"Adult-supervised living arrangement" does not mean a public 24,179
institution. 24,180
(2) "Child of a minor parent" means a child born to a 24,183
minor parent, except that the child ceases to be considered a 24,184
child of a minor parent when the minor parent attains age 24,185
eighteen.
(3) "Minor parent" means a CUSTODIAL parent who is under 24,187
age eighteen and is not married. 24,189
(4) "Pregnant minor" means a pregnant person who is under 24,191
age eighteen and not married. 24,193
(B)(1) Except as provided in division (B)(2) of this 24,196
section, a pregnant minor, minor parent, or child of a minor 24,197
parent must reside in a place of residence maintained by a 24,199
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 24,201
relative of the pregnant minor or minor parent as the CUSTODIAL 24,202
parent's, guardian's, CUSTODIAN'S, or specified relative's own 24,203
home to be eligible to participate in Ohio works first. 24,205
(2) A pregnant minor, minor parent, or child of a minor 24,208
parent is exempt from the requirement of division (B)(1) of this 24,209
section if any of the following apply:
555
(a) The minor parent or pregnant minor does not have a 24,211
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 24,213
relative living or whose whereabouts are known. 24,214
(b) No CUSTODIAL parent, legal guardian, CUSTODIAN, or 24,217
specified relative of the minor parent or pregnant minor will 24,219
allow the pregnant minor, minor parent, or minor parent's child 24,220
to live in the CUSTODIAL parent's, legal guardian's, CUSTODIAN'S 24,221
or specified relative's home. 24,222
(c) The department of human services, a county department 24,224
of human services, or a public children services agency 24,226
determines that the physical or emotional health or safety of the 24,227
pregnant minor, minor parent, or minor parent's child would be in 24,228
jeopardy if the pregnant minor, minor parent, or minor parent's 24,229
child lived in the same home as the CUSTODIAL parent, legal 24,230
guardian, CUSTODIAN, or specified relative. 24,232
(d) The department of human services, a county department 24,235
of human services, or a public children services agency otherwise 24,236
determines that it is in the best interest of the pregnant minor, 24,238
minor parent, or minor parent's child to waive the requirement of 24,239
division (B)(1) of this section.
(C) A pregnant minor, minor parent, or child of a minor 24,241
parent exempt from the requirement of division (B)(1) of this 24,243
section must reside in an adult-supervised living arrangement to 24,244
be eligible to participate in Ohio works first.
(D) The department of human services, whenever possible, 24,246
shall provide cash assistance under Ohio works first to the 24,248
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 24,249
relative of a pregnant minor or minor parent on behalf of the 24,250
pregnant minor, minor parent, or minor parent's child. 24,251
Sec. 5107.26. (A) As used in this section: 24,260
(1) "Transitional child day-care" means publicly funded 24,263
child day-care provided under division (A)(3) of section 5104.34 24,265
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 24,268
556
provided under section 5111.023 of the Revised Code. 24,269
(B) Except as provided in division (C) of this section, 24,271
each member of an assistance group participating in Ohio works 24,272
first is ineligible to participate in the program for six payment 24,275
months if a county department of human services determines that a 24,277
member of the assistance group terminated the member's employment 24,279
and each person who, ON THE DAY PRIOR TO THE DAY A RECIPIENT 24,280
BEGINS TO RECEIVE TRANSITIONAL CHILD DAY-CARE OR TRANSITIONAL
MEDICAID, was a member of the RECIPIENT'S assistance group of a 24,282
recipient of transitional child day-care or transitional medicaid 24,283
on the day prior to the day the recipient begins to receive 24,284
transitional child day-care or transitional medicaid is 24,285
ineligible to participate in Ohio works first for six payment 24,287
months if a county department determines that the recipient 24,289
terminated the recipient's employment. 24,291
(C) No assistance group member shall lose or be denied 24,294
eligibility to participate in Ohio works first pursuant to 24,296
division (B) of this section if THE TERMINATION OF EMPLOYMENT WAS 24,297
BECAUSE AN ASSISTANCE GROUP MEMBER OR RECIPIENT OF TRANSITIONAL 24,298
CHILD DAY-CARE OR TRANSITIONAL MEDICAID SECURED COMPARABLE OR 24,299
BETTER EMPLOYMENT OR the county department of human services 24,301
certifies that the assistance group member who OR RECIPIENT 24,303
terminated THE employment did so with just cause. 24,304
Just cause includes the following: 24,306
(1) Discrimination by an employer based on age, race, sex, 24,309
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 24,311
employment unreasonable, such as working without being paid on 24,312
schedule; 24,313
(3) Employment that has become unsuitable due to any of 24,315
the following: 24,316
(a) The wage is less than the federal minimum wage; 24,318
(b) The work is at a site subject to a strike or lockout, 24,321
unless the strike has been enjoined under section 208 of the 24,322
557
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 24,323
U.S.C.A. 178, as amended, an injunction has been issued under 24,325
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 24,327
U.S.C.A. 160, as amended, or an injunction has been issued under 24,328
section 4117.16 of the Revised Code; 24,329
(c) The documented degree of risk to the assistance group 24,332
member's MEMBER OR RECIPIENT'S health and safety is unreasonable; 24,334
(d) The assistance group member OR RECIPIENT is physically 24,336
or mentally unfit to perform the employment, as documented by 24,337
medical evidence or by reliable information from other sources. 24,339
(4) Documented illness of the assistance group member OR 24,342
RECIPIENT or of another assistance group member OF THE MEMBER OR 24,344
RECIPIENT requiring the presence of the assistance group member 24,345
OR RECIPIENT;
(5) A documented household emergency; 24,347
(6) Lack of adequate child care for children of the 24,349
assistance group member OR RECIPIENT who are under six years of 24,350
age. 24,351
Sec. 5107.28. (A) As used in this section and in sections 24,360
5107.281 to 5107.287 of the Revised Code: 24,362
(1) "Cash assistance payment" means the monthly amount an 24,364
assistance group is eligible to receive under Ohio works first. 24,365
(2) "Parent" means the CUSTODIAL parent, legal guardian, 24,367
CUSTODIAN, or specified relative with charge or care of a 24,369
learnfare participant.
(3) "Participating student" means a participant of Ohio 24,371
works first who is subject to the school attendance requirement 24,373
of the learnfare program as determined under section 5107.281 of 24,374
the Revised Code.
(B) The state department of human services shall establish 24,378
the learnfare program. The board of county commissioners of any 24,379
county may choose to have the county participate in the learnfare 24,380
program. The county department of human services of each 24,381
participating county shall administer the program in accordance 24,383
558
with sections 5107.28 to 5107.287 of the Revised Code and 24,384
policies the county department establishes for the program. 24,385
(C) The program shall provide for reduction in the cash 24,388
assistance payment to the assistance group of a participating 24,389
student if the student fails to comply with the program's school 24,391
attendance requirement two or more times during a school year. 24,392
(D) The program may provide for an incentive to encourage 24,395
a parent or, if a participating student is eighteen or nineteen 24,397
years of age, the student to consent to the release of the 24,398
participating student's school attendance records and the 24,400
participating student to comply with the program's school 24,401
attendance requirement. 24,402
Sec. 5107.541. A county department of human services may 24,411
contract with the chief administrator of a nonpublic school or 24,412
with any school district board of education that has adopted a 24,413
resolution under section 3319.089 of the Revised Code to provide 24,414
for a participant of the work experience program who has a minor 24,416
child enrolled in the nonpublic school or a public school in the 24,417
district to be assigned under the work experience program to 24,418
volunteer or work for compensation at the school in which the 24,419
child is enrolled. Unless it is not possible or practical, a 24,420
contract shall provide for a participant to volunteer or work at 24,421
the school as a classroom aide. If that is impossible or 24,422
impractical, the contract may provide for the participant to 24,424
volunteer to work in another position at the school. A contract 24,425
may provide for the nonpublic school or board of education to 24,426
receive funding to pay for coordinating, training, and 24,428
supervising participants volunteering or working in schools. 24,429
Notwithstanding section 3319.088 of the Revised Code, a 24,431
participant volunteering or working as a classroom aide under 24,432
this section is not required to obtain an educational aide permit 24,434
or paraprofessional license. The participant shall not be 24,435
considered an employee of a political subdivision for purposes of 24,436
Chapter 2744. of the Revised Code and is not entitled to any 24,438
559
immunity or defense available under that chapter, the common law
of this state, or section 9.86 of the Revised Code. 24,439
An assignment under this section shall include attending 24,442
academic home enrichment classes that provide instruction for
CUSTODIAL parents in creating a home environment that prepares 24,443
and enables children to learn at school. 24,444
Sec. 5107.60. In accordance with Title IV-A, federal 24,454
regulations, state law, the Title IV-A state plan prepared under 24,456
section 5101.80 of the Revised Code, and amendments to the plan, 24,457
county departments of human services shall establish and 24,458
administer the following work activities, in addition to the work 24,459
activities established under sections 5107.50, 5107.52, 5107.54, 24,460
and 5107.58 of the Revised Code, for minor heads of households 24,463
and adults participating in Ohio works first:
(A) Unsubsidized employment activities, including 24,466
activities a county department determines are legitimate 24,467
entrepreneurial activities;
(B) On-the-job training activities, including training to 24,470
become an employee of a child day-care center or type A family 24,472
day-care home, authorized provider of a certified type B family 24,473
day-care home, or in-home aide; 24,474
(C) Community service activities including a program under 24,478
which a participant of Ohio works first who is the CUSTODIAL 24,479
parent, legal guardian, CUSTODIAN, or specified relative 24,480
responsible for the care of a minor child enrolled in grade 24,481
twelve or lower is involved in the minor child's education on a 24,482
regular basis.;
(D) Vocational educational training activities; 24,484
(E) Jobs skills training activities that are directly 24,487
related to employment;
(F) Education activities that are directly related to 24,490
employment for participants who have not earned a high school 24,491
diploma or high school equivalence diploma; 24,492
(G) Education activities for participants who have not 24,495
560
completed secondary school or received a high school equivalence 24,496
diploma under which the participants attend a secondary school or 24,497
a course of study leading to a high school equivalence diploma; 24,498
(H) Child-care service activities aiding another 24,501
participant assigned to a community service activity or other 24,502
work activity. A county department may provide for a participant 24,504
assigned to this work activity to receive training necessary to
provide child-care services. 24,505
Sec. 5107.72. Each county department of human services 24,514
shall refer a CUSTODIAL parent participating in Ohio works first 24,516
whose minor child is a member of the CUSTODIAL parent's 24,517
assistance group to any private or public agency, medical doctor, 24,518
clinic, or other person or organization which can advise the 24,519
CUSTODIAL parent on methods of controlling the size and spacing 24,521
of the CUSTODIAL parent's family, consistent with the CUSTODIAL 24,523
parent's religious and moral views. A county department shall 24,525
document each referral it makes under this section. 24,526
Sec. 5111.01. As used in this chapter, "medical assistance 24,536
program" or "medicaid" means the program that is authorized by 24,538
this section and provided by the department of human services 24,540
under this chapter, Title XIX of the "Social Security Act," 49 24,541
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the waivers of 24,542
Title XIX requirements granted to the department by the health 24,545
care financing administration of the United States department of 24,547
health and human services. 24,548
(A) The department of human services may provide medical 24,550
assistance under the medicaid program as long as federal funds 24,552
are provided for such assistance, to the following:
(1) Families with children that meet either of the 24,555
following conditions: 24,556
(a) The family meets the income, resource, and family 24,559
composition requirements in effect on July 16, 1996, for the 24,560
former aid to dependent children program as those requirements 24,561
were established by Chapter 5107. of the Revised Code, federal 24,564
561
waivers granted pursuant to requests made under former section 24,565
5101.09 of the Revised Code, and rules adopted by the department. 24,568
An adult loses eligibility for medical assistance under division 24,569
(A)(1)(a) of this section pursuant to division (E)(G)(3) of 24,572
section 5107.16 of the Revised Code. 24,574
(b) The family does not meet the requirements specified in 24,577
division (A)(1)(a) of this section but is participating in the 24,580
Ohio works first program established under Chapter 5107. of the 24,581
Revised Code or is eligible for medical assistance pursuant to 24,582
section 5101.18 or division (E)(G)(1) or (2) of section 5107.16 24,584
of the Revised Code despite being ineligible to participate in 24,586
Ohio works first. AN ADULT LOSES ELIGIBILITY FOR MEDICAL 24,587
ASSISTANCE UNDER DIVISION (A)(1)(b) OF THIS SECTION PURSUANT TO 24,588
DIVISION (G)(2) OF SECTION 5107.16 OF THE REVISED CODE. 24,589
(2) Aged, blind, and disabled persons who meet the 24,591
following conditions: 24,592
(a) Receive federal aid under Title XVI of the "Social 24,594
Security Act," or are eligible for but are not receiving such 24,595
aid, provided that the income from all other sources for 24,596
individuals with independent living arrangements shall not exceed 24,597
one hundred seventy-five dollars per month. The income standards 24,598
hereby established shall be adjusted annually at the rate that is 24,599
used by the United States department of health and human services 24,601
to adjust the amounts payable under Title XVI. 24,602
(b) Do not receive aid under Title XVI, but meet any of 24,604
the following criteria: 24,605
(i) Would be eligible to receive such aid, except that 24,607
their income, other than that excluded from consideration as 24,608
income under Title XVI, exceeds the maximum under division 24,609
(A)(2)(a) of this section, and incurred expenses for medical 24,610
care, as determined under federal regulations applicable to 24,611
section 209(b) of the "Social Security Amendments of 1972," 86 24,612
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 24,613
amount by which their income exceeds the maximum under division 24,614
562
(A)(2)(a) of this section; 24,615
(ii) Received aid for the aged, aid to the blind, or aid 24,617
for the permanently and totally disabled prior to January 1, 24,618
1974, and continue to meet all the same eligibility requirements; 24,619
(iii) Are eligible for medical assistance pursuant to 24,621
section 5101.18 of the Revised Code. 24,622
(3) Persons to whom federal law requires, as a condition 24,624
of state participation in the medicaid program, that medical 24,625
assistance be provided; 24,626
(4) Persons under age twenty-one who meet the income 24,628
requirements for the Ohio works first program established under 24,629
Chapter 5107. of the Revised Code but do not meet other 24,631
eligibility requirements for the program. The department shall 24,633
adopt rules in accordance with Chapter 119. of the Revised Code 24,634
specifying which Ohio works first requirements shall be waived 24,636
for the purpose of providing medicaid eligibility under division 24,638
(A)(4) of this section.
(B) If funds are appropriated for such purpose by the 24,640
general assembly, the department may provide medical assistance 24,641
to persons in groups designated by federal law as groups to which 24,643
a state, at its option, may provide medical assistance under the 24,644
medicaid program.
(C) The department may expand eligibility for medical 24,647
assistance to include individuals under age nineteen with family 24,648
incomes at or below one hundred fifty per cent of the federal 24,649
poverty guideline guidelines, except that the eligibility 24,650
expansion shall not occur unless the department receives the 24,651
approval of the federal government. The department may implement 24,652
the eligibility expansion authorized under this division on any 24,653
date selected by the department, but not sooner than January 1, 24,654
1998. 24,655
(D) In addition to any other authority or requirement to 24,658
adopt rules under this chapter, the department may adopt rules in 24,659
accordance with section 111.15 of the Revised Code as it 24,661
563
considers necessary to establish standards, procedures, and other 24,662
requirements regarding the provision of medical assistance. The 24,663
rules may establish requirements to be followed in applying for 24,664
medical assistance, making determinations of eligibility for 24,665
medical assistance, and verifying eligibility for medical 24,666
assistance. The rules may include special conditions as the 24,667
department determines appropriate for making applications, 24,668
determining eligibility, and verifying eligibility for any 24,669
medical assistance that the department may provide pursuant to 24,670
division (C) of this section AND SECTION 5111.014 OF THE REVISED 24,671
CODE.
Sec. 5111.014. (A) THE DIRECTOR OF HUMAN SERVICES SHALL 24,673
SUBMIT TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 24,674
SERVICES AN AMENDMENT TO THE STATE MEDICAID PLAN TO MAKE AN 24,675
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS ELIGIBLE 24,676
FOR THE HEALTHY START COMPONENT OF MEDICAID: 24,677
(1) THE INDIVIDUAL IS PREGNANT; 24,679
(2) THE INDIVIDUAL'S FAMILY INCOME DOES NOT EXCEED ONE 24,681
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY GUIDELINES; 24,682
(3) THE INDIVIDUAL SATISFIES ALL RELEVANT REQUIREMENTS 24,684
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF SECTION 24,685
5111.01 OF THE REVISED CODE.
(B) IF APPROVED BY THE UNITED STATES SECRETARY OF HEALTH 24,688
AND HUMAN SERVICES, THE DIRECTOR OF HUMAN SERVICES SHALL
IMPLEMENT THE MEDICAID PLAN AMENDMENT SUBMITTED UNDER DIVISION 24,689
(A) OF THIS SECTION AS SOON AS POSSIBLE AFTER RECEIPT OF NOTICE 24,690
OF THE APPROVAL, BUT NOT SOONER THAN JANUARY 1, 2000. 24,691
Sec. 5111.025. (A) EFFECTIVE JULY 1, 2001, AND THE FIRST 24,694
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 24,695
SHALL ADJUST THE RATE IT REIMBURSES MEDICAL PROVIDERS SPECIFIED 24,696
IN RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION FOR MEDICAL 24,697
SERVICES RENDERED UNDER THE MEDICAL ASSISTANCE PROGRAM. THE 24,698
DEPARTMENT SHALL ADJUST THE RATE BY THE PERCENTAGE INCREASE IN 24,700
THE GROSS DOMESTIC PRODUCT DEFLATOR FOR THE PRECEDING CALENDAR 24,702
564
YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE 24,703
UNITED STATES DEPARTMENT OF COMMERCE.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 24,705
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 24,707
EFFICIENT ADMINISTRATION OF THIS SECTION. THE RULES SHALL 24,708
ESTABLISH A LIST SPECIFYING THE MEDICAL PROVIDERS THAT WILL 24,709
RECEIVE THE ADJUSTED RATE OF REIMBURSEMENT. THE DEPARTMENT SHALL 24,711
INCLUDE IN THE LIST AT LEAST PHYSICIANS, DENTISTS, AMBULANCE 24,712
SERVICE PROVIDERS, AND PROVIDERS OF HOME AND COMMUNITY-BASED 24,713
SERVICES UNDER THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 24,714
OF THE REVISED CODE. THE DEPARTMENT SHALL EXCLUDE FROM THE LIST 24,715
NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE MENTALLY 24,716
RETARDED, HOSPITALS, AND MANAGED CARE ORGANIZATIONS. 24,717
(C) THIS SECTION DOES NOT AFFECT SECTIONS 5111.20 TO 24,719
5111.32 OF THE REVISED CODE OR PRECLUDE THE DEPARTMENT OF HUMAN 24,720
SERVICES FROM ADJUSTING THE RATE IT REIMBURSES HOSPITALS AND 24,721
MANAGED CARE ORGANIZATIONS FOR MEDICAL SERVICES RENDERED UNDER 24,722
THE MEDICAL ASSISTANCE PROGRAM IN A MANNER DIFFERENT FROM THE 24,723
METHOD OF ADJUSTMENT ESTABLISHED BY DIVISION (A) OF THIS SECTION. 24,724
Sec. 5111.101. (A) IF A COUNTY DEPARTMENT OF HUMAN 24,726
SERVICES OPERATES A HEALTH CARE OUTREACH PROGRAM PURSUANT TO A 24,727
PLAN APPROVED BY THE STATE DEPARTMENT OF HUMAN SERVICES UNDER 24,728
DIVISION (B) OF THIS SECTION, THE STATE DEPARTMENT MAY ENTER INTO 24,729
AN AGREEMENT WITH THE COUNTY DEPARTMENT UNDER WHICH PUBLIC AND 24,731
PRIVATE FUNDS ARE USED BY THE COUNTY TO PAY THE NONFEDERAL SHARE 24,732
OF THE EXPENDITURES FOR CONDUCTING OUTREACH SERVICES THAT ARE 24,733
REIMBURSABLE UNDER THE MEDICAL ASSISTANCE PROGRAM, INCLUDING THE 24,734
HEALTHY START PROGRAM AUTHORIZED UNDER SECTION 5111.013 OF THE 24,736
REVISED CODE, AND THE CHILDREN'S HEALTH INSURANCE PROGRAM, PARTS 24,737
I AND II, AUTHORIZED UNDER SECTIONS 5101.50 AND 5101.51 OF THE 24,738
REVISED CODE. FOR PURPOSES OF THE MEDICAL ASSISTANCE PROGRAM, 24,740
THE AGREEMENT SHALL BE ENTERED INTO PURSUANT TO SECTION 5111.10 24,741
OF THE REVISED CODE.
(B) A COUNTY DEPARTMENT OF HUMAN SERVICES SEEKING APPROVAL 24,743
565
OF A PLAN TO CONDUCT OUTREACH SERVICES FOR THE PURPOSE OF 24,744
INCREASING ENROLLMENT IN THE MEDICAL ASSISTANCE PROGRAM AND
CHILDREN'S HEALTH INSURANCE PROGRAM SHALL APPLY TO THE STATE 24,745
DEPARTMENT FOR APPROVAL OF THE PLAN. APPLICATION FOR APPROVAL 24,746
SHALL BE MADE IN THE MANNER PRESCRIBED BY THE STATE DEPARTMENT. 24,747
THE STATE DEPARTMENT SHALL APPROVE AN OUTREACH PLAN IF THE 24,749
PLAN MEETS THE REQUIREMENTS THAT THE STATE DEPARTMENT ESTABLISHES 24,750
FOR DETERMINING WHETHER A PLAN INCORPORATES EFFECTIVE METHODS FOR 24,751
INCREASING ENROLLMENT IN THE MEDICAL ASSISTANCE AND CHILDREN'S 24,752
HEALTH INSURANCE PROGRAMS. THE STATE DEPARTMENT MAY RESCIND ITS 24,753
APPROVAL IF IT DETERMINES THAT THE PLAN NO LONGER MEETS THE 24,754
REQUIREMENTS.
THE STATE DEPARTMENT SHALL ADOPT RULES SPECIFYING THE 24,756
CRITERIA THAT MUST BE MET TO RECEIVE APPROVAL UNDER THIS 24,757
DIVISION. THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 24,758
119. OF THE REVISED CODE. 24,759
Sec. 5111.113. As used in this section, "nursing facility" 24,769
has AND "INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED" 24,770
HAVE the same meaning MEANINGS as in section 5111.20 of the 24,771
Revised Code. 24,772
In determining the amount of income THAT a recipient of 24,774
medical assistance must apply monthly to TOWARD payment of the 24,775
cost of care in a nursing facility OR INTERMEDIATE CARE FACILITY 24,777
FOR THE MENTALLY RETARDED, the county department of human 24,778
services shall deduct from the recipient's monthly income a 24,779
monthly personal needs allowance in accordance with section 1902 24,780
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 24,781
1396a, as amended. The 24,782
FOR A RESIDENT OF A NURSING FACILITY, THE monthly personal 24,784
needs allowance shall be not less than forty dollars for an 24,786
individual resident of a nursing facility and not less than 24,787
eighty dollars for a married couple if both spouses are residents 24,788
of a nursing facility. 24,789
FOR A RESIDENT OF AN INTERMEDIATE CARE FACILITY FOR THE 24,791
566
MENTALLY RETARDED, IN STATE FISCAL YEAR 2000, THE MONTHLY 24,792
PERSONAL NEEDS ALLOWANCE SHALL BE FORTY DOLLARS, UNLESS THE 24,793
RESIDENT HAS EARNED INCOME, IN WHICH CASE THE MONTHLY PERSONAL 24,794
NEEDS ALLOWANCE SHALL BE ONE HUNDRED FIVE DOLLARS. THE PERSONAL 24,795
NEEDS ALLOWANCES FOR RESIDENTS OF INTERMEDIATE CARE FACILITIES 24,796
FOR THE MENTALLY RETARDED SHALL BE APPLIED IN EACH SUBSEQUENT 24,797
STATE FISCAL YEAR, EXCEPT THAT THE DIRECTOR OF HUMAN SERVICES MAY 24,798
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 24,800
TO MAKE ANNUAL ADJUSTMENTS IN THE AMOUNTS OF THE ALLOWANCES TO 24,801
REFLECT INCREASES IN THE CONSUMER PRICE INDEX FOR ALL URBAN 24,802
CONSUMERS, ALL ITEMS, MIDWEST REGION, AS PUBLISHED BY THE UNITED 24,803
STATES BUREAU OF LABOR STATISTICS. 24,804
Sec. 5112.03. (A) The director of human services shall 24,813
adopt, and may amend and rescind, rules in accordance with 24,814
Chapter 119. of the Revised Code for the purpose of administering 24,815
sections 5112.01 to 5112.21 of the Revised Code, including rules 24,816
that do all of the following: 24,817
(1) Define as a "disproportionate share hospital" any 24,819
hospital included under subsection (b) of section 1923 of the 24,820
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 24,821
1396r-4(b), as amended, and any other hospital the director 24,822
determines appropriate;
(2) Prescribe the form for submission of cost reports 24,824
under section 5112.04 of the Revised Code; 24,825
(3) Establish, in accordance with division (B) of section 24,827
5112.06 of the Revised Code, the ASSESSMENT rate of hospital 24,828
assessments OR RATES to be applied TO HOSPITALS under that 24,831
section;
(4) Establish schedules for hospitals to pay installments 24,833
on their assessments under section 5112.06 of the Revised Code 24,834
and for governmental hospitals to pay installments on their 24,835
intergovernmental transfers under section 5112.07 of the Revised 24,836
Code;
(5) Establish procedures to notify hospitals of 24,838
567
adjustments made under division (C)(2)(b) of section 5112.06 of 24,840
the Revised Code in the amount of installments on their
assessment; 24,841
(6) Establish procedures to notify hospitals of 24,843
adjustments made under division (D) of section 5112.09 of the 24,844
Revised Code in the total amount of their assessment and to 24,845
adjust for the remainder of the program year the amount of the 24,846
installments on the assessments; 24,847
(7) Establish, in accordance with section 5112.08 of the 24,849
Revised Code, the methodology for paying hospitals under that 24,850
section. 24,851
The director shall consult with hospitals when adopting the 24,853
rules required by divisions (A)(4) and (5) of this section in 24,854
order to minimize hospitals' cash flow difficulties. 24,855
(B) Rules adopted under this section may provide that 24,857
"total facility costs" excludes costs associated with any of the 24,859
following:
(1) Recipients of the medical assistance program; 24,861
(2) Recipients of general assistance medical assistance 24,863
provided under FORMER Chapter 5113. of the Revised Code; 24,865
(3) Recipients of disability assistance medical assistance 24,868
provided under Chapter 5115. of the Revised Code; 24,869
(4) Recipients of the program for medically handicapped 24,871
children established under section 3701.023 of the Revised Code; 24,873
(5) Recipients of the medicare program established under 24,875
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 24,878
U.S.C.A. 301, as amended; 24,879
(6) Recipients of Title V of the "Social Security Act"; 24,882
(7) Any other category of costs deemed appropriate by the 24,884
director in accordance with Title XIX of the "Social Security 24,886
Act" and the rules adopted under that title. 24,887
Sec. 5112.06. (A) For the purpose of making payments to 24,896
hospitals under the medical assistance program, there is hereby 24,897
imposed on each hospital an assessment on total facility costs at 24,898
568
a. THE rate AT WHICH A HOSPITAL IS to be ASSESSED SHALL BE 24,900
established each program year by the department of human 24,901
services, in accordance with division (B) of this section, in 24,902
rules adopted under section 5112.03 of the Revised Code.
(B) The department shall assess each hospital at the same 24,904
rate HOSPITALS IN A MANNER CONSISTENT WITH FEDERAL STATUTES AND 24,905
REGULATIONS. THE DEPARTMENT MAY ESTABLISH AN ASSESSMENT RATE 24,906
THAT IS THE SAME FOR ALL HOSPITALS OR MAY ESTABLISH TWO OR MORE 24,907
ASSESSMENT RATES THAT APPLY TO HOSPITALS ACCORDING TO CATEGORIES 24,908
THE DEPARTMENT ESTABLISHES BASED ON HOSPITALS' TOTAL FACILITY 24,909
COSTS. During any program year, the department shall not assess 24,910
hospitals ANY HOSPITAL at a rate greater than two per cent of 24,911
each THE hospital's total facility costs. 24,913
The department shall establish an assessment rate OR RATES 24,915
each program year that will do both of the following: 24,916
(1) Yield funds that, when combined with intergovernmental 24,918
transfers and federal matching funds, will produce a program of 24,919
sufficient size to pay a substantial portion of the indigent care 24,920
provided by hospitals; 24,921
(2) Yield funds that, when combined with intergovernmental 24,923
transfers and federal matching funds, will produce payments to 24,924
disproportionate share hospitals that do not exceed, in the 24,925
aggregate, the limits prescribed by the United States health care 24,927
financing administration under subparagraph SUBSECTION (f)(2)(A) 24,929
of section 1923 of the "Social Security Act," 49 Stat. 620 24,932
(1935), 42 U.S.C.A. 1396r-4(f)(2)(A), as amended. 24,934
(C)(1) Except as provided in division (C)(3) of this 24,936
section, each hospital shall pay its assessment in periodic 24,937
installments in accordance with a schedule established by the 24,938
director of human services in rules adopted under section 5112.03 24,939
of the Revised Code. 24,940
(2) The installments shall be equal in amount, unless 24,943
either of the following applies:
(a) The department makes adjustments during a program year 24,945
569
under division (D) of section 5112.09 of the Revised Code in the 24,946
total amount of hospitals' assessments; 24,947
(b) The director of human services determines that 24,949
adjustments in the amounts of installments are necessary for the 24,951
administration of sections 5112.01 to 5112.21 of the Revised Code 24,952
and that unequal installments will not create cash flow 24,953
difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of 24,956
the Revised Code establishing alternate schedules for hospitals 24,957
to pay assessments under this section in order to reduce 24,958
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human services may 24,967
require governmental hospitals to make intergovernmental 24,968
transfers each program year. The department shall not require 24,969
transfers in an amount that, when combined with hospital 24,970
assessments paid under section 5112.06 of the Revised Code and 24,971
federal matching funds, produce payments to disproportionate 24,972
share hospitals that, in the aggregate, exceed limits prescribed 24,973
by the United States health care financing administration under 24,975
subparagraph SUBSECTION (f)(2)(A) of section 1923 of the "Social 24,976
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f)(2)(A), 24,977
as amended.
(B) Before or during each program year, the department 24,980
shall notify each governmental hospital of the amount of the 24,981
intergovernmental transfer it is required to make during the 24,982
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 24,983
this section in periodic installments, executed by electronic 24,984
fund transfer, in accordance with a schedule established in rules 24,985
adopted under section 5112.03 of the Revised Code. 24,986
Sec. 5112.08. The director of human services shall adopt 24,995
rules under section 5112.03 of the Revised Code establishing a 24,996
methodology to pay hospitals that is sufficient to expend all 24,997
money in the indigent care pool. Under the rules: 24,998
570
(A) The department of human services shall MAY classify 25,000
similar hospitals into groups and allocate funds for distribution 25,001
within each group. 25,002
(B) The department shall establish a method of allocating 25,004
funds to each group of hospitals, taking into consideration the 25,005
relative amount of indigent care provided by each HOSPITAL OR 25,006
group OF HOSPITALS. The amount to be allocated to each group 25,008
shall be based on any combination of the following indicators of 25,009
indigent care that the director considers appropriate: 25,010
(1) Total costs, volume, or proportion of services to 25,012
recipients of the medical assistance program, including 25,013
recipients enrolled in health insuring corporations; 25,015
(2) Total costs, volume, or proportion of services to 25,017
low-income patients in addition to recipients of the medical 25,018
assistance program, which may include recipients of Title V of 25,020
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 25,022
as amended, general assistance established under FORMER Chapter 25,024
5113. of the Revised Code, and disability assistance established 25,025
under Chapter 5115. of the Revised Code; 25,026
(3) The amount of uncompensated care provided by the 25,028
HOSPITAL OR GROUP OF hospitals; 25,029
(4) Other factors that the director considers to be 25,031
appropriate indicators of indigent care. 25,032
(C) The department shall distribute funds to hospitals in 25,034
each HOSPITAL OR group OF HOSPITALS in a manner that first may 25,035
provide for an additional payment to individual hospitals that 25,037
provide a high proportion of indigent care in relation to the 25,038
total care provided by the hospital or in relation to other 25,039
hospitals. The department shall establish a formula to 25,040
distribute the remainder of the funds allocated to the group to 25,041
all hospitals in the group. The formula shall be consistent with 25,042
section 1923 of the "Social Security Act," 42 U.S.C.A. 1396r-4, 25,044
as amended, and shall be based on any combination of the 25,046
indicators of indigent care listed in division (B) of this 25,047
571
section that the director considers appropriate. 25,048
(D) The department shall make payments to each hospital in 25,050
installments not later than ten working days after the deadline 25,051
established in rules for each hospital to pay an installment on 25,052
its assessment under section 5112.06 of the Revised Code. In the 25,053
case of a governmental hospital that makes intergovernmental 25,054
transfers, the department shall pay an installment under this 25,055
section not later than ten working days after the earlier of that 25,056
deadline or the deadline established in rules for the 25,057
governmental hospital to pay an installment on its 25,058
intergovernmental transfer. If the amount in the hospital care 25,059
assurance program fund and the hospital care assurance match fund 25,060
created under section 5112.18 of the Revised Code is insufficient 25,061
to make the total payments for which hospitals are eligible to 25,062
receive in any period, the department shall reduce the amount of 25,063
each payment by the percentage by which the amount is 25,064
insufficient. The department shall pay hospitals any amounts not 25,065
paid in the period in which they are due as soon as moneys are 25,066
available in the funds. 25,067
Sec. 5112.09. (A) Before or during each program year, the 25,076
department of human services shall mail to each hospital by 25,079
certified mail, return receipt requested, the preliminary
determination of the amount that the hospital is assessed under 25,081
section 5112.06 of the Revised Code during the program year. The 25,082
department shall make the preliminary determination of each A 25,083
hospital's assessment by multiplying the rate established under 25,085
division (B) of section 5112.06 of the Revised Code THAT APPLIES 25,087
TO THAT HOSPITAL, by the hospital's total facility costs for the 25,089
hospital's most recent fiscal year ending in the calendar year 25,090
preceding the first day of July, except that:
(1) In the program year ending in 1995, the department 25,092
shall multiply the rate by the hospital's total facility costs 25,093
for the hospital's cost reporting period ending in state fiscal 25,094
year 1994;
572
(2) In program years ending in 1996 and thereafter, the 25,096
department shall multiply the rate by the hospital's total 25,097
facility costs for a cost-reporting period specified in rules 25,099
adopted under section 5112.03 of the Revised Code.
The department shall consult with hospitals each year when 25,101
determining the date on which it will mail the preliminary 25,102
determinations in order to minimize hospitals' cash flow 25,103
difficulties.
If no hospital submits a request for reconsideration under 25,105
division (B) of this section, the preliminary determination 25,106
constitutes the final reconciliation of each hospital's 25,107
assessment under section 5112.06 of the Revised Code. The final 25,108
reconciliation is subject to adjustments under division (D) of 25,109
this section. 25,110
(B) Not later than fourteen days after the preliminary 25,112
determinations are mailed, any hospital may submit to the 25,115
department a written request to reconsider the preliminary 25,116
determinations. The request shall be accompanied by written 25,117
materials setting forth the basis for the reconsideration. If 25,118
one or more hospitals submit a request, the department shall hold 25,119
a public hearing not later than thirty days after the preliminary 25,120
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 25,121
written notice of the date, time, and place of the hearing at 25,122
least ten days prior to the hearing. On the basis of the 25,123
evidence submitted to the department or presented at the public 25,124
hearing, the department shall reconsider and may adjust the 25,125
preliminary determinations. The result of the reconsideration is 25,126
the final reconciliation of the hospital's assessment under 25,127
section 5112.06 of the Revised Code. The final reconciliation is 25,128
subject to adjustments under division (D) of this section. 25,129
(C) The department shall mail to each hospital a written 25,132
notice of its assessment for the program year under the final 25,133
reconciliation. A hospital may appeal the final reconciliation 25,135
573
of its assessment to the court of common pleas of Franklin 25,136
county. While a judicial appeal is pending, the hospital shall 25,137
pay, in accordance with the schedules required by division (C) of 25,138
section 5112.06 of the Revised Code, any amount of its assessment 25,139
that is not in dispute into the hospital care assurance program 25,140
fund created in section 5112.18 of the Revised Code.
(D) In the course of any program year, the department may 25,142
adjust the assessment rate OR RATES established in rules pursuant 25,143
to section 5112.06 of the Revised Code or adjust the amounts of 25,144
intergovernmental transfers required under section 5112.07 of the 25,145
Revised Code and, as a result of the adjustment, adjust each 25,147
hospital's assessment and intergovernmental transfer, to reflect 25,148
refinements made by the United States health care financing 25,149
administration during that program year to the limits it 25,150
prescribed under subparagraph SUBSECTION (f)(2)(A) of section 25,152
1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 25,155
U.S.C.A. 1396r-4(f)(2)(A), as amended. An WHEN adjusted, THE 25,157
assessment rate OR RATES must comply with division (B) of section 25,159
5112.06 of the Revised Code. An adjusted intergovernmental 25,160
transfer must comply with division (A) of section 5112.07 of the 25,162
Revised Code. The department shall notify hospitals of 25,163
adjustments made under this division and adjust for the remainder 25,164
of the program year the installments paid by hospitals under 25,165
sections 5112.06 and 5112.07 of the Revised Code in accordance 25,166
with rules adopted under section 5112.03 of the Revised Code.
Sec. 5112.17. (A) As used in this section: 25,175
(1) "Federal poverty guideline" means the official poverty 25,177
guideline as revised annually by the United States secretary of 25,178
health and human services in accordance with section 673 of the 25,179
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 25,180
U.S.C.A. 9902, as amended, for a family size equal to the size of 25,181
the family of the person whose income is being determined. 25,182
(2) "Third-party payer" means any private or public entity 25,184
or program that may be liable by law or contract to make payment 25,185
574
to or on behalf of an individual for health care services. 25,186
"Third-party payer" does not include a hospital. 25,187
(B) Each hospital that receives payments under sections 25,189
5112.01 to 5112.21 of the Revised Code shall provide, without 25,190
charge to the individual, basic, medically necessary 25,191
hospital-level services to individuals who are residents of this 25,192
state, are not recipients of the medical assistance program, and 25,193
whose income is INCOMES ARE at or below the federal poverty 25,195
guideline, EXCEPT FOR INDIVIDUALS WHO ARE RECIPIENTS OF THE
MEDICAL ASSISTANCE PROGRAM OR ANOTHER STATE OR FEDERAL HEALTH 25,196
CARE PROGRAM AND INDIVIDUALS WHO ARE ELIGIBLE FOR THE MEDICAL 25,197
ASSISTANCE PROGRAM OR ANOTHER STATE OR FEDERAL HEALTH CARE 25,198
PROGRAM BUT ARE NOT RECIPIENTS BECAUSE THEY HAVE NOT APPLIED. 25,199
Recipients of disability assistance under Chapter 5115. of the 25,200
Revised Code qualify for services under this section. The 25,201
department of human services shall adopt rules under section 25,202
5112.03 of the Revised Code specifying the hospital services to 25,203
be provided under this section. 25,204
(C) Hospitals may bill any third-party payer for services 25,206
rendered under this section. Hospitals may bill the medical 25,207
assistance program, in accordance with Chapter 5111. of the 25,208
Revised Code and the rules adopted under that chapter, for 25,209
services rendered under this section if the individual becomes a 25,210
recipient of the program. Hospitals may bill individuals for 25,211
services under this section if all of the following apply: 25,212
(1) The hospital has an established post-billing procedure 25,214
for determining the individual's income and canceling the charges 25,215
if the individual is found to qualify for services under this 25,216
section. 25,217
(2) The initial bill, and at least the first follow-up 25,219
bill, is accompanied by a written statement that does all of the 25,220
following: 25,221
(a) Explains that individuals with income at or below the 25,223
federal poverty guideline are eligible for services without 25,224
575
charge; 25,225
(b) Specifies the federal poverty guideline for 25,227
individuals and families of various sizes at the time the bill is 25,228
sent; 25,229
(c) Describes the procedure required by division (C)(1) of 25,231
this section. 25,232
(3) The hospital complies with any additional rules the 25,234
department adopts under section 5112.03 of the Revised Code. 25,235
Notwithstanding division (B) of this section, a hospital 25,237
providing care to an individual under this section is subrogated 25,238
to the rights of any individual to receive compensation or 25,239
benefits from any person or governmental entity for the hospital 25,240
goods and services rendered. 25,241
(D) Each hospital shall collect and report to the 25,243
department, in the form and manner prescribed by the department, 25,244
information on the number and identity of patients served 25,245
pursuant to this section. 25,246
(E) This section applies beginning May 22, 1992, 25,248
regardless of whether the department has adopted rules specifying 25,249
the services to be provided. Nothing in this section alters the 25,250
scope or limits the obligation of any governmental entity or 25,251
program, including the program awarding reparations to victims of 25,252
crime under sections 2743.51 to 2743.72 of the Revised Code and 25,253
the program for medically handicapped children established under 25,255
section 3701.023 of the Revised Code, to pay for hospital 25,256
services in accordance with state or local law. 25,257
Sec. 5115.01. (A) There is hereby established the 25,266
disability assistance program. Except as provided in division 25,267
(D) of this section, a disability assistance recipient shall 25,269
receive financial assistance. Except as provided in section 25,270
5115.11 of the Revised Code, a disability assistance recipient 25,271
also shall receive disability assistance medical assistance. 25,272
Except as provided by division (B) of this section, a 25,274
person who meets all of the following requirements is eligible 25,275
576
for disability assistance: 25,276
(1) The person is ineligible to participate in the Ohio 25,278
works first program established under Chapter 5107. of the 25,281
Revised Code and to receive supplemental security income provided 25,283
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 25,284
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 25,286
(a) Under age eighteen; 25,288
(b) Age sixty or older; 25,290
(c) Pregnant; 25,292
(d) Unable to do any substantial or gainful activity by 25,294
reason of a medically determinable physical or mental impairment 25,295
that can be expected to result in death or has lasted or can be 25,296
expected to last for not less than nine months;
(e) An active participant in A RESIDENT OF A RESIDENTIAL 25,299
TREATMENT CENTER CERTIFIED AS an alcohol or drug addiction 25,300
program certified by the department of alcohol and drug addiction 25,301
services under section 3793.06 of the Revised Code, including a 25,302
former recipient of supplemental security income who lost 25,303
eligibility for that program because of the enactment of 25,304
paragraph (b)(1) of section 105 of the "Contract With America 25,307
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 25,312
A person on a waiting list to participate in an alcohol or drug 25,314
addiction program, or otherwise not participating in a program 25,315
while waiting for treatment services at a program to become 25,316
available, is not an active participant. 25,317
(f) Medication dependent as determined by a physician, as 25,319
defined in section 4730.01 of the Revised Code, who has certified 25,320
to the county department of human services that the person is 25,321
receiving ongoing treatment for a chronic medical condition 25,322
requiring continuous prescription medication for an indefinite, 25,323
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 25,324
of employability lasting at least nine months. 25,325
577
(3) The person meets the eligibility requirements 25,327
established by the department of human services in rules adopted 25,328
under section 5115.05 of the Revised Code. 25,329
(B)(1) A person is ineligible for disability assistance if 25,331
the person is ineligible to participate in the Ohio works first 25,334
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 25,338
Code;
(b) The person's extended eligibility to participate in 25,341
the Ohio works first program made possible by the earned income 25,342
disregard established under division (D)(2) of section 5107.10 of 25,344
the Revised Code has ceased due to the limited number of months 25,345
the disregard is applied;
(c) The time limit established by section 5107.18 of the 25,348
Revised Code;
(d)(c) Failure to comply with an application or 25,350
verification procedure; 25,351
(e)(d) The fraud control program established pursuant to 25,354
45 C.F.R. 235.112, as in effect July 1, 1996. 25,355
(2) A person under age eighteen is ineligible for 25,357
disability assistance pursuant to division (B)(1)(a) of this 25,359
section only if the person caused the assistance group to be 25,360
ineligible to participate in the Ohio works first program or 25,362
resides with a person age eighteen or older who was a member of 25,363
the same ineligible assistance group. A person age eighteen or 25,364
older is ineligible for disability assistance pursuant to 25,365
division (B)(1)(a) of this section regardless of whether the 25,366
person caused the assistance group to be ineligible to 25,367
participate in the Ohio works first program.
(C) The county department of human services that serves 25,370
the county in which a person receiving disability assistance 25,371
pursuant to division (A)(2)(e) of this section participates in an 25,373
alcohol or drug addiction program shall designate a 25,374
representative payee for purposes of receiving and distributing 25,375
578
financial assistance provided under the disability assistance 25,376
program to the person.
(D) A person eligible for disability assistance pursuant 25,378
to division (A)(2)(f) of this section shall not receive financial 25,379
assistance.
(E) The department shall adopt rules in accordance with 25,381
section 111.15 of the Revised Code defining terms and 25,382
establishing standards for determining whether a person meets a 25,383
condition of disability assistance eligibility pursuant to this 25,384
section.
Sec. 5117.07. (A) On or before the first day of October, 25,393
the tax commissioner shall review all applications submitted 25,394
under division (C) of section 5117.03 of the Revised Code and 25,395
shall determine the eligibility of each applicant to receive a 25,396
credit or payment. THE TOTAL INCOME AND CURRENT TOTAL INCOME 25,397
AMOUNTS SET FORTH IN DIVISION (A) OF THIS SECTION ARE SUBJECT TO 25,398
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 25,399
(1) An applicant is eligible for a credit of thirty per 25,401
cent if the applicant is a head of household, has a total income 25,402
of five thousand dollars or less or a current total income of two 25,403
thousand five hundred dollars or less, owns and occupies or rents 25,404
and occupies a household receiving the source of energy for its 25,405
primary heating system from an energy company and such energy is 25,406
separately metered, and is either of the following: 25,407
(a) Sixty-five years of age or older; 25,409
(b) Permanently and totally disabled. 25,411
(2) An applicant is eligible for a credit of twenty-five 25,413
per cent if the applicant is a head of household, has a total 25,414
income of more than five thousand dollars but not more than nine 25,415
thousand dollars or a current total income of more than two 25,416
thousand five hundred dollars but not more than four thousand 25,417
five hundred dollars, is sixty-five years of age or older or 25,418
permanently and totally disabled, and owns and occupies or rents 25,419
and occupies a household receiving the source of energy for its 25,420
579
primary heating system from an energy company and such energy is 25,421
separately metered. 25,422
(3) An applicant is eligible for a payment if either of 25,424
the following applies to the applicant: 25,425
(a) He THE APPLICANT would be eligible for the credit 25,427
under division (A)(1) or (2) of this section but for the fact 25,429
that the source of energy for the primary heating system of the 25,430
applicant's household is not separately metered; 25,431
(b) He THE APPLICANT is a head of household, has a total 25,433
income of no more than nine thousand dollars or a current total 25,435
income of no more than four thousand five hundred dollars, is 25,436
sixty-five years of age or older or permanently and totally 25,437
disabled, and owns and occupies or rents and occupies a household 25,438
receiving the source of energy for its primary heating system 25,439
from an energy dealer.
(4) In the case of a multiple unit dwelling for which 25,441
separate metering for the source of energy for its primary 25,442
heating system is not provided, more than one applicant occupying 25,443
such dwelling may be determined eligible for a payment under 25,444
division (A)(3)(a) of this section. 25,445
(B) Notwithstanding division (A) of this section: 25,447
(1) No head of household who resides in public housing or 25,449
receives a rent subsidy from a government agency is eligible for 25,450
a credit or payment unless the person's rent subsidy does not 25,451
reflect the costs of his THAT PERSON'S household receiving the 25,452
source of energy for its primary heating system; 25,454
(2) A resident of a nursing home, hospital, or other 25,456
extended health care facility is not eligible for a credit or 25,457
payment for the costs of providing the source of energy for the 25,458
primary heating system of the facility. 25,459
(C) The tax commissioner shall establish a procedure 25,461
whereby he THE COMMISSIONER can verify total income and current 25,462
total income for the calendar year in which an applicant is 25,464
determined eligible for a payment or credit. If a person 25,465
580
receives a credit or payment that he THE PERSON is ineligible to 25,466
receive under division (A) of this section, that person shall 25,468
refund to the tax commissioner the credit or payment, or excess 25,469
portion of a credit or payment, he THAT PERSON received. The sum 25,470
refunded shall be deposited in the state treasury to the credit 25,472
of the general revenue fund.
(D) The tax commissioner may request an additional 25,474
certification of permanent and total disability for any applicant 25,475
claiming such status on an application renewal form submitted 25,476
under section 5117.03 of the Revised Code. Such certification 25,477
shall be requested from the person or agency named on the form 25,478
pursuant to division (B)(1) of section 5117.03 of the Revised 25,479
Code. If such additional certification is refused due to a 25,480
conclusion by the person or agency that the applicant is not 25,481
permanently and totally disabled, the commissioner shall 25,482
determine the applicant ineligible for any credit or payment. If 25,483
such additional certification is unavailable or refused for any 25,484
other reason, the tax commissioner may determine the applicant to 25,485
be eligible for a credit or payment provided he THE COMMISSIONER 25,486
has good cause to believe the applicant is permanently and 25,488
totally disabled.
(E) On or before the first day of October, the tax 25,490
commissioner shall notify each applicant of the disposition of 25,491
his THE APPLICANT'S application under divisions (A) and (B) of 25,492
this section. At the same time, he THE TAX COMMISSIONER shall 25,494
notify the applicant, regardless of whether his THE APPLICANT'S 25,496
application is approved or disapproved, that the applicant may be 25,498
eligible to participate in a state or federal weatherization 25,499
program and should contact his THE APPLICANT'S community action 25,500
agency for further information. If an application is 25,501
disapproved, the applicant may appeal to the tax commissioner for 25,502
a hearing on the matter. A notice of disapproval shall include a 25,503
detailed explanation of the applicant's right of appeal under 25,504
this chapter. Any such appeal shall be on an appeal form 25,505
581
prescribed by the tax commissioner and shall be filed with the 25,506
tax commissioner within twenty days of the receipt of the notice 25,507
of disapproval. 25,508
Sec. 5117.071. (A) EACH YEAR, THE TAX COMMISSIONER SHALL 25,510
ADJUST THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 25,511
FORTH IN SECTIONS 5117.07 AND 5117.09 OF THE REVISED CODE BY 25,512
COMPLETING THE FOLLOWING STEPS: 25,513
(1) DETERMINE THE PERCENTAGE INCREASE IN THE GROSS 25,515
DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC 25,516
ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE 25,517
PRECEDING YEAR; 25,518
(2) MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL 25,520
INCOME AND CURRENT TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR; 25,521
(3) ADD THE RESULTING PRODUCTS TO EACH OF THE TOTAL INCOME 25,523
AND CURRENT TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR; 25,524
(4) ROUND THE RESULTING SUMS UPWARD TO THE NEAREST 25,526
MULTIPLE OF TEN DOLLARS. 25,527
THE COMMISSIONER SHALL NOT MAKE THE ADJUSTMENT IN ANY YEAR 25,529
IN WHICH THE AMOUNTS RESULTING FROM THE ADJUSTMENT WOULD BE LESS 25,530
THAN THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS FOR THE 25,531
PRECEDING YEAR. 25,532
(B) THE TAX COMMISSIONER AND EACH ENERGY COMPANY AND 25,534
ENERGY DEALER SHALL USE THE ADJUSTED TOTAL INCOME AND CURRENT 25,535
TOTAL INCOME AMOUNTS DETERMINED UNDER DIVISION (A) OF THIS 25,536
SECTION IN PERFORMING THEIR DUTIES UNDER SECTIONS 5117.01 TO 25,537
5117.12 OF THE REVISED CODE. 25,538
Sec. 5117.09. (A)(1) With respect to each of its 25,547
residential customers, every energy company shall, after receipt 25,548
of a certification list provided under division (A) of section 25,549
5117.08 of the Revised Code, cause the granting of a credit in 25,550
accordance with this section against the monthly billing of each 25,551
household appearing on the list except as provided in division 25,552
(A) of section 5117.08 of the Revised Code. In the case of an 25,553
applicant who has a total income of five thousand dollars or less 25,554
582
or a current total income of two thousand five hundred dollars or 25,555
less, the credit shall amount to thirty per cent of the current 25,556
monthly bill rendered to such household by the company for the 25,557
billing months of December, January, February, March, and April 25,558
following the receipt of a list on which the household appears. 25,559
In the case of an applicant who has a total income of more than 25,560
five thousand dollars but not more than nine thousand dollars or 25,561
a current total income of more than two thousand five hundred 25,562
dollars but not more than four thousand five hundred dollars, the 25,563
credit shall amount to twenty-five per cent of the current 25,564
monthly bill rendered to such household by the company for the 25,565
billing months of December, January, February, March, and April 25,566
following the receipt of a list on which the household appears. 25,567
If purchased power costs are incurred by an energy company during 25,568
the billing month for which a credit is provided under this 25,569
division, the credit shall also be applied to such costs, whether 25,570
or not the costs are charged to a current montly MONTHLY bill for 25,571
such months. 25,572
(2) THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 25,574
FORTH IN DIVISION (A)(1) OF THIS SECTION ARE SUBJECT TO 25,575
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 25,576
(B) Every energy company shall read the meter of each of 25,578
its qualified residential customers who may receive a credit 25,579
under division (A) of this section at least one time for the 25,580
service period of November and at least one time in the service 25,581
period for the current monthly bill rendered for the billing 25,582
month of April. In the event a company is unable to read a meter 25,583
because of failure to gain access after a good faith effort or 25,584
because a certification list was supplied to the utility fewer 25,585
than thirty days prior to the normal date of meter reading, the 25,586
company may render a calculated bill. In such instances the 25,587
company shall make an adjustment to the amount of the credit 25,588
granted to the customer based upon the next actual reading of the 25,589
meter if the reading shows the previous calculation to have been 25,590
583
in error and set forth the amount of such adjustments in the 25,591
report required to be filed with the tax commissioner under 25,592
division (D) of this section. 25,593
(C) On each billing that is subject to a credit under 25,595
division (A) of this section, there shall appear in ten-point 25,596
type both the amount of the credit and to the left of such amount 25,597
"Ohio Energy Credit." 25,598
(D) On or before the fifteenth day of each month following 25,600
one in which credits were provided under division (A) of this 25,601
section, each energy company shall, on a form prescribed by the 25,602
tax commissioner and requesting information that he THE 25,603
COMMISSIONER determines is necessary for the purpose of verifying 25,605
the propriety of the payment of credits, certify to the 25,606
commissioner the total amount of all credits it granted pursuant 25,607
to division (A) of this section during the preceding month. Not 25,608
later than thirty days after his receipt of such certification, 25,609
the commissioner shall pay the company the amount certified. If 25,610
the commissioner determines that a company previously received 25,611
amounts greater than the amounts of credits properly granted, 25,612
such company, upon notice from the commissioner, shall reimburse 25,613
the commissioner in the amount of the overpayments. Such 25,614
reimbursements shall be deposited in the general revenue fund. 25,615
(E)(1) Any energy company that purposely fails to grant 25,617
the credit provided under division (A) of this section is liable 25,618
to each person entitled to the credit and certified to the 25,619
company by the tax commissioner pursuant to division (A) of 25,620
section 5117.08 of the Revised Code in treble the amount of the 25,621
total credit not granted. The consumers' counsel may, on behalf 25,622
of any person or persons not granted the credit, bring an action 25,623
to recover such treble damages in the court of common pleas of 25,624
the county in which is located the office of the company nearest 25,625
the household of any such person or persons. The consumers' 25,626
counsel may also, on behalf of any persons not granted the 25,627
credit, bring a class action to recover such treble damages in 25,628
584
the court of common pleas of any county in which is located an 25,629
office of the company and, if feasible, in which is located a 25,630
significant number of members of the class. Any treble damage 25,631
recovery under this division does not, in any manner, diminish 25,632
any other liability provided under sections 5117.01 to 5117.12 of 25,633
the Revised Code. Clerical errors shall not be considered an 25,634
offense or incur liability under this division. 25,635
(2) An action shall be brought by the consumers' counsel 25,637
under division (E)(1) of this section only after he THE 25,638
CONSUMERS' COUNSEL has made a good faith attempt to dispose of 25,640
the claim by settlement, including a good faith request for only 25,641
such information in the possession of an energy company as is 25,642
needed to determine the existence or extent of such a right of 25,643
action.
(3) Nothing in division (E)(1) of this section shall be 25,645
construed to prevent persons acting without the assistance of the 25,646
consumers' counsel from bringing an action or class action under 25,647
such division. 25,648
Sec. 5119.16. The EXCEPT AS OTHERWISE PROVIDED IN DIVISION 25,657
(G) OF THIS SECTION, THE department of mental health is hereby 25,658
designated to provide certain goods and services for the 25,659
department of mental health, the department of mental retardation 25,660
and developmental disabilities, the department of rehabilitation 25,661
and correction, the department of youth services, and other 25,662
state, county, or municipal agencies requesting such THESE goods 25,663
and services when the department of mental health determines that 25,665
it is in the public interest, and considers it advisable, to 25,666
provide these goods and services. The department of mental 25,667
health also may provide goods and services to agencies operated 25,668
by the United States government and to public or private 25,669
nonprofit agencies funded in whole or in part by the state if the 25,670
public or private nonprofit agencies are designated for 25,671
participation in this program by the director of mental health 25,672
for community mental health agencies, the director of mental 25,673
585
retardation and developmental disabilities for community mental 25,674
retardation and developmental disabilities agencies, the director 25,675
of rehabilitation and correction for community rehabilitation and 25,676
correction agencies, or the director of youth services for 25,677
community youth services agencies. The director of aging may 25,678
designate for participation community agencies holding a contract 25,679
with an area agency on aging established under the "Older 25,680
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. 25,681
Designated community agencies shall receive goods and services 25,682
through the department of mental health only in those cases where 25,683
the designating state agency certifies that providing such THE 25,684
goods and services to the agency will conserve public resources 25,686
to the benefit of the public and where the provision of such THE 25,687
goods and services is considered feasible by the department of 25,689
mental health. 25,690
Purchases of goods or services under this section are not 25,692
subject to section 307.86 of the Revised Code. 25,693
(A) The goods and services to be provided by the 25,695
department of mental health may include THE FOLLOWING: 25,696
(1) Procurement, storage, processing, and distribution of 25,698
food and professional consultation on food operations; 25,699
(2) Procurement, storage, and distribution of medical and 25,701
laboratory supplies, dental supplies, medical records, forms, 25,702
optical supplies, and sundries, subject to section 5120.135 of 25,704
the Revised Code;
(3) Procurement, storage, repackaging, distribution, and 25,706
dispensing of drugs, the provision of professional pharmacy 25,707
consultation, and drug information services; 25,708
(4) Other goods and services as may be agreed to. 25,710
(B) The department of mental health shall provide the 25,712
goods and services designated in division (A) of this section to 25,713
its institutions and to state-operated community-based mental 25,714
health services. 25,715
(C) After consultation with and advice from the director 25,717
586
of mental retardation and developmental disabilities, the 25,718
director of rehabilitation and correction, and the director of 25,719
youth services AND EXCEPT AS OTHERWISE PROVIDED IN DIVISION (G) 25,720
OF THIS SECTION, the department of mental health shall provide 25,721
the goods and services designated in division (A) of this section 25,722
to the department of mental retardation and developmental 25,723
disabilities, the department of rehabilitation and correction, 25,724
and the department of youth services. 25,725
(D) The cost of administration of this section shall be 25,727
determined by the department of mental health and paid by the 25,728
agencies receiving the goods and services to the department for 25,729
deposit in the state treasury to the credit of the mental health 25,730
fund, which is hereby created. The fund shall be used to pay the 25,731
cost of administration of this section to the department. 25,732
(E) If the goods or services designated in division (A) of 25,734
this section are not provided in a satisfactory manner by the 25,735
department of mental health, the director of mental retardation 25,736
and developmental disabilities, the director of rehabilitation 25,737
and correction, the director of youth services, or the managing 25,738
officer of a department of mental health institution shall 25,739
attempt to resolve unsatisfactory service with the director of 25,740
mental health. If, after such THE attempt, the provision of 25,741
goods or services continues to be unsatisfactory, the director or 25,743
officer shall notify the director of mental health. If within 25,744
thirty days of such AFTER THE notice the department of mental 25,745
health does not provide the specified goods and services in a 25,747
satisfactory manner, the director of mental retardation and 25,748
developmental disabilities, the director of rehabilitation and 25,749
correction, the director of youth services, or the managing 25,750
officer of the department of mental health institution shall 25,751
notify the director of mental health of the director's or 25,752
managing officer's intent to cease purchasing goods and services 25,754
from the department. Following a sixty-day cancellation period 25,755
from the date of such THAT notice, the department of mental 25,757
587
retardation, department of rehabilitation and correction, 25,758
department of youth services, or the department of mental health 25,759
institution may obtain the goods and services from a source other 25,760
than the department of mental health, if the department certifies 25,761
to the department of administrative services that the 25,762
requirements of this division have been met. 25,763
(F) Whenever a state agency fails to make a payment for 25,765
goods and services provided under this section within thirty-one 25,766
days after the date the payment was due, the office of budget and 25,767
management may transfer moneys from the state agency to the 25,768
department of mental health. The amount transferred shall not 25,769
exceed the amount of overdue payments. Prior to making a 25,770
transfer under this division, the office of budget and management 25,771
shall apply any credits the state agency has accumulated in 25,772
payments for goods and services provided under this section. 25,773
(G) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 25,775
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 25,776
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 25,777
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 25,778
Sec. 5119.61. Any provision in this chapter that refers to 25,787
a board of alcohol, drug addiction, and mental health services 25,788
also refers to the community mental health board in an alcohol, 25,789
drug addiction, and mental health service district that has a 25,790
community mental health board. 25,791
The director of mental health with respect to all 25,793
facilities and programs established and operated under Chapter 25,794
340. of the Revised Code for mentally ill and emotionally 25,795
disturbed persons, shall: 25,796
(A) Make such rules pursuant to Chapter 119. of the 25,798
Revised Code as may be necessary to carry out the purposes of 25,799
Chapter 340. and sections 5119.61 to 5119.63 of the Revised 25,801
Code;, INCLUDING THE FOLLOWING RULES:
(1) RULES GOVERNING A COMMUNITY MENTAL HEALTH AGENCY'S 25,803
SERVICES UNDER DIVISION (A)(14) OF SECTION 340.03 OF THE REVISED 25,804
588
CODE TO AN INDIVIDUAL WHO APPLIES FOR RESIDENTIAL STATE 25,806
SUPPLEMENTAL PAYMENTS UNDER SECTION 173.35 OF THE REVISED CODE 25,807
AND IS REFERRED TO A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 25,808
HEALTH SERVICES UNDER DIVISION (D) OF THAT SECTION; 25,809
(2) RULES ESTABLISHING GUIDELINES FOR AFFILIATION 25,811
AGREEMENTS ENTERED UNDER DIVISION (A)(15) OF SECTION 340.03 OF 25,812
THE REVISED CODE; 25,813
(3) RULES GOVERNING A BOARD OF ALCOHOL, DRUG ADDICTION, 25,815
AND MENTAL HEALTH SERVICES WHEN MAKING A REPORT UNDER SECTION 25,816
3722.17 OF THE REVISED CODE REGARDING THE QUALITY OF CARE AND 25,817
SERVICES PROVIDED BY AN ADULT CARE FACILITY TO A PERSON WITH 25,818
MENTAL ILLNESS OR A SEVERE MENTAL DISABILITY. 25,819
(B) Adopt rules requiring each public or private agency 25,821
providing mental health services or facilities under a contract 25,822
with a board of alcohol, drug addiction, and mental health 25,823
services and any program operated by such a board to have a 25,824
written policy that addresses the rights of clients including: 25,825
(1) The right to a copy of the agency's policy of client 25,827
rights; 25,828
(2) The right at all times to be treated with 25,830
consideration and respect for his THE CLIENT'S privacy and 25,831
dignity; 25,832
(3) The right to have access to his THE CLIENT'S own 25,834
psychiatric, medical, or other treatment records unless access is 25,835
specifically restricted in the client's treatment plan for clear 25,836
treatment reasons; 25,837
(4) The right to have a client rights officer provided by 25,839
the board or agency advise him THE CLIENT of his THE CLIENT'S 25,841
rights, including his THE CLIENT'S rights under Chapter 5122. of 25,842
the Revised Code if he THE CLIENT is committed to the board or 25,843
agency.
(C) Require each board of alcohol, drug addiction, and 25,845
mental health services to ensure that each contract agency 25,846
establishes grievance procedures available to all recipients of 25,847
589
services or applicants for services; 25,848
(D) Define minimum standards for qualifications of 25,850
personnel, professional services, and mental health 25,851
professionals, as that term is defined in section 340.02 of the 25,852
Revised Code; 25,853
(E) Review and evaluate, and, taking into account the 25,855
findings and recommendations of the board of alcohol, drug 25,856
addiction, and mental health services of the district served by 25,857
the program and the requirements and priorities of the state 25,858
mental health plan, including the needs of residents of the 25,859
district now residing in state mental institutions, approve and 25,860
allocate funds to support community programs, and make 25,861
recommendations for needed improvements to boards of alcohol, 25,862
drug addiction, and mental health services; 25,863
(F) Withhold state and federal funds for any program, in 25,865
whole or in part, from a board of alcohol, drug addiction, and 25,866
mental health services in the event of failure of that program to 25,867
comply with Chapter 340. or section 5119.61 or 5119.62 of the 25,868
Revised Code or rules of the department of mental health. The 25,869
director shall identify the areas of noncompliance and the action 25,870
necessary to achieve compliance. The director shall offer 25,871
technical assistance to the board to achieve compliance. The 25,872
director shall give the board a reasonable time within which to 25,873
comply or to present its position that it is in compliance. 25,874
Before withholding funds, a hearing shall be conducted to 25,875
determine if there are continuing violations and that either 25,876
assistance is rejected or the board is unable to achieve 25,877
compliance. Subsequent to the hearing process, if it is 25,878
determined that compliance has not been achieved, the director 25,879
may allocate all or part of the withheld funds to a public or 25,880
private agency, to provide the services not in compliance, until 25,881
such time as there is compliance. The director shall establish 25,882
rules pursuant to Chapter 119. of the Revised Code to implement 25,883
this division. 25,884
590
(G) Withhold state or federal funds from a board of 25,886
alcohol, drug addiction, and mental health services that denies 25,887
available service on the basis of religion, race, color, creed, 25,888
sex, national origin, age, physical or mental handicap, 25,889
developmental disability, or the inability to pay; 25,890
(H) Provide consultative services to community mental 25,892
health programs, with the knowledge and cooperation of the board 25,893
of alcohol, drug addiction, and mental health services; 25,894
(I) Provide to boards of alcohol, drug addiction, and 25,896
mental health services state or federal funds, in addition to 25,897
those allocated under section 5119.62 of the Revised Code, for 25,898
special programs or projects the director considers necessary, 25,899
but for which local funds are not available; 25,900
(J) Establish criteria by which a board of alcohol, drug 25,902
addiction, and mental health services reviews and evaluates the 25,903
quality, effectiveness, and efficiency of services provided 25,904
through its community mental health plan. The department shall 25,905
assess a board's evaluation of services and the compliance of 25,906
each board with this section, Chapter 340., or section 5119.62 of 25,907
the Revised Code and other state or federal law and regulations. 25,908
The department, in cooperation with the board, periodically shall 25,909
review and evaluate the quality, effectiveness, and efficiency of 25,910
services provided through each board. The department shall 25,911
collect such information as is necessary to perform these 25,912
functions. 25,913
(K) Develop and operate a community mental health 25,915
information system. 25,916
Boards of alcohol, drug abuse, and mental health services 25,918
shall submit information requested by the department in the form 25,919
and manner prescribed by the department. Information collected 25,920
by the department shall include but not be limited to: 25,921
(1) Information regarding units of services provided in 25,923
whole or in part under contract with a board, including diagnosis 25,924
and special needs, demographic information, the number of units 25,925
591
of service provided, past treatment, financial status, and 25,926
service dates in accordance with rules adopted by the department 25,927
in accordance with Chapter 119. of the Revised Code; 25,928
(2) Financial information other than price or 25,930
price-related data regarding expenditures of boards and community 25,931
mental health agencies, including units of service provided, 25,932
budgeted and actual expenses by type, and sources of funds. 25,933
Boards shall submit the information specified in division 25,935
(K)(1) of this section no less frequently than annually for each 25,936
client, and each time the client's case is opened or closed. The 25,937
department shall not collect any information for the purpose of 25,938
identifying by name any person who receives a service through a 25,939
board of alcohol, drug addiction, and mental health services, 25,940
except as required by state or federal law to validate 25,941
appropriate reimbursement. For the purposes of division (K)(1) 25,942
of this section, the department shall use an identification 25,943
system that is consistent with applicable nationally recognized 25,944
standards. 25,945
(L) Review each board's plan submitted pursuant to section 25,947
340.03 of the Revised Code and approve or disapprove it in whole 25,948
or in part. Periodically, in consultation with representatives 25,949
of boards and after considering the recommendations of the 25,950
medical director, the director shall issue criteria for 25,951
determining when a plan is complete, criteria for plan approval 25,952
or disapproval, and provisions for conditional approval. The 25,953
factors that the director considers may include, but are not 25,954
limited to, the following: 25,955
(1) The mental health needs of all persons residing within 25,957
the board's service district, especially severely mentally 25,958
disabled children, adolescents, and adults; 25,959
(2) The demonstrated quality, effectiveness, efficiency, 25,961
and cultural relevance of the services provided in each service 25,962
district, the extent to which any services are duplicative of 25,963
other available services, and whether the services meet the needs 25,964
592
identified above; 25,965
(3) The adequacy of the board's accounting for the 25,967
expenditure of funds. 25,968
If the director disapproves all or part of any plan, he THE 25,970
DIRECTOR shall provide the board an opportunity to present its 25,971
position. The director shall inform the board of the reasons for 25,972
the disapproval and of the criteria that must be met before the 25,973
plan may be approved. The director shall give the board a 25,974
reasonable time within which to meet the criteria, and shall 25,975
offer technical assistance to the board to help it meet the 25,976
criteria.
If the approval of a plan remains in dispute thirty days 25,978
prior to the conclusion of the fiscal year in which the board's 25,979
current plan is scheduled to expire, the board or the director 25,980
may request that the dispute be submitted to a mutually agreed 25,981
upon third-party mediator with the cost to be shared by the board 25,982
and the department. The mediator shall issue to the board and 25,983
the department recommendations for resolution of the dispute. 25,984
Prior to the conclusion of the fiscal year in which the current 25,985
plan is scheduled to expire, the director, taking into 25,986
consideration the recommendations of the mediator, shall make a 25,987
final determination and approve or disapprove the plan, in whole 25,988
or in part. 25,989
(M) Visit and evaluate any community mental health 25,991
program, agency, or facility, in cooperation with a board of 25,992
alcohol, drug addiction, and mental health services, to determine 25,993
if the services meet minimum standards pursuant to division (G) 25,994
of section 5119.01 of the Revised Code. If the director 25,995
determines that the services meet minimum standards, he THE 25,996
DIRECTOR shall so certify. 25,997
If the director determines that the services of any 25,999
program, agency, or facility that has a contract with a board do 26,000
not meet minimum standards, he THE DIRECTOR shall identify the 26,001
areas of noncompliance, specify what action is necessary to meet 26,003
593
the standards, and offer technical assistance to the board so 26,004
that it may assist the program, agency, or facility to meet 26,005
minimum standards. The director shall give the board a 26,006
reasonable time within which to demonstrate that the services 26,007
meet minimum standards or to bring the program or facility into 26,008
compliance with the standards. If the director concludes that 26,009
the services continue to fail to meet minimum standards, the 26,010
director may request that the board reallocate the funds for 26,011
those services to another program, agency, or facility which 26,012
meets minimum standards. If the board does not reallocate those 26,013
funds in a reasonable period of time, the director may withhold 26,014
state and federal funds for the services and allocate those funds 26,015
directly to a public or private agency that meets minimum 26,016
standards.
Each program, agency, and facility shall pay a fee for the 26,018
certification review required by this division. Fees shall be 26,019
paid into the sale of goods and services fund created pursuant to 26,020
section 5119.161 of the Revised Code. 26,021
The director shall adopt rules under Chapter 119. of the 26,023
Revised Code to implement this division. The rules shall do all 26,024
of the following: 26,025
(1) Establish the process for certification of services of 26,027
programs, agencies, or facilities; 26,028
(2) Set the amount of certification review fees based on a 26,030
portion of the cost of performing the review; 26,031
(3) Specify the type of notice and hearing to be provided 26,033
prior to a decision whether to reallocate funds. 26,034
Sec. 5123.60. (A) A legal rights service is hereby 26,043
created and established to protect and advocate the rights of 26,044
mentally ill persons, mentally retarded persons, developmentally 26,045
disabled persons, and other disabled persons who may be 26,046
represented by the service pursuant to division (L) of this 26,047
section; to receive and act upon complaints concerning 26,048
institutional and hospital practices and conditions of 26,049
594
institutions for mentally retarded or developmentally disabled 26,050
persons and hospitals for the mentally ill; and to assure that 26,051
all persons detained, hospitalized, discharged, or 26,052
institutionalized, and all persons whose detention, 26,053
hospitalization, discharge, or institutionalization is sought or 26,054
has been sought under this chapter or Chapter 5122. of the 26,055
Revised Code are fully informed of their rights and adequately 26,056
represented by counsel in proceedings under this chapter or 26,057
Chapter 5122. of the Revised Code and in any proceedings to 26,058
secure the rights of such persons. Notwithstanding the 26,059
definitions of "mentally retarded person" and "developmentally 26,060
disabled person" in section 5123.01 of the Revised Code, the 26,061
legal rights service shall determine who is a mentally retarded 26,062
or developmentally disabled person for purposes of this section 26,063
and sections 5123.601 to 5123.604 of the Revised Code. 26,064
(B) In regard to those persons detained, hospitalized, or 26,066
institutionalized under Chapter 5122. of the Revised Code, the 26,067
legal rights service shall undertake formal representation only 26,068
of those persons who are involuntarily detained, hospitalized, or 26,069
institutionalized pursuant to sections 5122.10 to 5122.15 of the 26,070
Revised Code, and those voluntarily detained, hospitalized, or 26,071
institutionalized who are minors, who have been adjudicated 26,072
incompetent, who have been detained, hospitalized, or 26,073
institutionalized in a public hospital, or who have requested 26,074
representation by the legal rights service. If a person referred 26,075
to in division (A) of this section voluntarily requests in 26,076
writing that the legal rights service terminate participation in 26,077
his THE PERSON'S case, such involvement shall cease. 26,078
(C) Any person voluntarily hospitalized or 26,080
institutionalized in a public hospital under division (A) of 26,081
section 5122.02 of the Revised Code, after being fully informed 26,082
of his THE PERSON'S rights pursuant to division (A) of this 26,083
section, may, by written request, waive assistance by the legal 26,085
rights service if the waiver is knowingly and intelligently made, 26,086
595
without duress or coercion. 26,087
The waiver may be rescinded at any time by the voluntary 26,089
patient or resident, or by his THE VOLUNTARY PATIENT'S OR 26,090
RESIDENT'S legal guardian. 26,091
(D) The legal rights service commission is hereby created 26,093
for the purposes of appointing an administrator of the legal 26,094
rights service, advising the administrator, assisting the 26,095
administrator in developing a budget, and establishing general 26,096
policy guidelines for the legal rights service. The commission 26,097
may receive and act upon appeals of personnel decisions by the 26,098
administrator. 26,099
The commission shall consist of seven members. One member, 26,101
who shall serve as chairman CHAIRPERSON, shall be appointed by 26,102
the chief justice of the supreme court, three members shall be 26,104
appointed by the speaker of the house of representatives, and 26,105
three members shall be appointed by the president of the senate. 26,106
At least two members shall have experience in the field of 26,107
developmental disabilities and at least two members shall have 26,108
experience in the field of mental health. No member shall be a 26,109
provider or related to a provider of services to mentally 26,110
retarded, developmentally disabled, or mentally ill persons. 26,111
Terms of office shall be for three years, each term ending on the 26,112
same day of the month of the year as did the term which it 26,113
succeeds. Each member shall serve subsequent to the expiration 26,114
of his THE MEMBER'S term until his A successor is appointed and 26,116
qualifies, or until sixty days has elapsed, whichever occurs 26,117
first. All vacancies shall be filled in the manner prescribed 26,118
for the regular appointments to the commission and shall be 26,119
limited to the unexpired terms. No member shall serve more than 26,120
two consecutive terms. 26,121
The commission shall meet at least four times each year. 26,123
Members shall be reimbursed for their necessary and actual 26,124
expenses incurred in the performance of their official duties. 26,125
The administrator of the legal rights service shall be 26,127
596
appointed for a five-year term, subject to removal for mental or 26,128
physical incapacity to perform the duties of the office, 26,129
conviction of violation of any law relating to his THE 26,130
ADMINISTRATOR'S powers and duties, or other good cause shown. 26,132
The administrator shall be a person who has had special 26,134
training and experience in the type of work with which the legal 26,135
rights service is charged. If the administrator is not an 26,136
attorney, he THE ADMINISTRATOR shall seek legal counsel when 26,137
appropriate. The salary of the administrator shall be 26,139
established in accordance with section 124.14 of the Revised 26,140
Code.
(E) The legal rights service shall be completely 26,142
independent of the department of mental health and the department 26,143
of mental retardation and developmental disabilities and, 26,144
notwithstanding section 109.02 of the Revised Code, shall also be 26,145
independent of the office of the attorney general. The 26,146
administrator of the legal rights service, staff, and attorneys 26,147
designated by him THE ADMINISTRATOR to represent persons 26,148
detained, hospitalized, or institutionalized under this chapter 26,151
or Chapter 5122. of the Revised Code shall have ready access: 26,152
(1) During normal business hours and at other reasonable 26,154
times, to all records relating to expenditures of state and 26,155
federal funds or to the commitment, care, treatment, and 26,156
habilitation of all persons represented by the legal rights 26,157
service, including those who may be represented pursuant to 26,158
division (L) of this section, or persons detained, hospitalized, 26,159
institutionalized, or receiving services under this chapter or 26,160
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are 26,161
records maintained by the following entities providing services 26,162
for those persons: departments; institutions; hospitals; 26,163
community residential facilities; boards of alcohol, drug 26,164
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of 26,165
those boards; and any other entity providing services to persons 26,166
597
who may be represented by the service pursuant to division (L) of 26,167
this section;
(2) To any records maintained in computerized data banks 26,169
of the departments or boards or, in the case of persons who may 26,170
be represented by the service pursuant to division (L) of this 26,171
section, any other entity that provides services to those 26,172
persons;
(3) During their normal working hours, to personnel of the 26,174
departments, facilities, boards, agencies, institutions, 26,176
hospitals and other service providing entities;
(4) At any time, to all persons detained, hospitalized, OR 26,178
institutionalized; persons receiving services under this chapter 26,179
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 26,180
persons who may be represented by the service pursuant to 26,181
division (L) of this section.
(F) The administrator of the legal rights service shall: 26,183
(1) Administer and organize the work of the legal rights 26,185
service and establish administrative or geographic divisions as 26,186
he THE ADMINISTRATOR considers necessary, proper, and expedient; 26,187
(2) Adopt and promulgate rules and prescribe duties for 26,189
the efficient conduct of the business and general administration 26,190
of the legal rights service; 26,191
(3) Appoint and discharge employees, and hire such 26,193
experts, consultants, advisors, or other professionally qualified 26,194
persons as he THE ADMINISTRATOR considers necessary to carry out 26,195
the duties of the legal rights service; 26,197
(4) Apply for and accept grants of funds, and accept 26,199
charitable gifts and bequests; 26,200
(5) Prepare and submit a budget to the general assembly 26,202
for the operation of the legal rights service; 26,203
(6) Enter into contracts and make such expenditures as are 26,205
necessary for the efficient operation of the legal rights 26,206
service; 26,207
(7) Annually prepare a report of activities and submit 26,209
598
copies of the report to the governor, the chief justice of the 26,210
supreme court, the president of the senate, the speaker of the 26,211
house of representatives, the director of mental health, and the 26,212
director of mental retardation and developmental disabilities, 26,213
and make the report available to the public. 26,214
(G) The legal rights service may act directly or contract 26,216
with other organizations or individuals for the provision of the 26,217
services envisioned under this section. Whenever possible, the 26,218
administrator shall attempt to facilitate the resolution of 26,219
complaints through administrative channels. The administrator 26,220
may, when IF attempts at administrative resolution prove 26,221
unsatisfactory, initiate actions in mandamus and such other THE 26,222
ADMINISTRATOR MAY PURSUE ANY legal, ADMINISTRATIVE, and equitable 26,224
OTHER APPROPRIATE remedies as OR APPROACHES THAT may be necessary 26,225
to accomplish the purposes of this section. Relationships 26,226
between personnel and the agents of the legal rights service and 26,228
its clients shall be fiduciary relationships, and all 26,229
communications shall be confidential, as if between attorney and 26,230
client.
(H) The legal rights service, on the order of the 26,232
administrator, with the approval of the commission, may compel by 26,233
subpoena the appearance and sworn testimony of any person the 26,234
administrator reasonably believes may be able to provide 26,235
information or to produce any documents, books, records, papers, 26,236
or other information necessary to carry out its duties. 26,237
(I) The legal rights service may conduct public hearings. 26,239
(J) The legal rights service may request from any 26,241
governmental agency any cooperation, assistance, services, or 26,242
data that will enable it to perform its duties. 26,243
(K) In any malpractice action filed against the 26,245
administrator of the legal rights service, a member of the staff 26,246
of the legal rights service, or an attorney designated by the 26,247
administrator to perform legal services under division (E) of 26,248
this section, the state shall, when the administrator, member, or 26,249
599
attorney has acted in good faith and in the scope of his 26,250
employment, indemnify the administrator, member, or attorney for 26,251
any judgment awarded or amount negotiated in settlement, and for 26,252
any court costs or legal fees incurred in defense of the claim. 26,253
This division does not limit or waive, and shall not be 26,255
construed to limit or waive, any defense that is available to the 26,256
legal rights service, its administrator or employees, persons 26,257
under a personal services contract with it, or persons designated 26,258
under division (E) of this section, including, but not limited 26,259
to, any defense available under section 9.86 of the Revised Code. 26,260
(L) In addition to providing services to mentally ill, 26,262
mentally retarded, or developmentally disabled persons, when a 26,263
grant authorizing the provision of services to other individuals 26,264
is accepted pursuant to division (F)(4) of this section, the 26,265
legal rights service and its ombudsman OMBUDSPERSON section may 26,266
provide advocacy or ombudsman OMBUDSPERSON services to those 26,268
other individuals and exercise any other authority granted by 26,270
this section or sections 5123.601 to 5123.604 of the Revised Code 26,271
on behalf of those individuals. Determinations of whether an 26,272
individual is eligible for services under this division shall be 26,273
made by the legal rights service. 26,274
Sec. 5139.27. The department of youth services shall adopt 26,283
rules prescribing the minimum standards of construction for a 26,284
school, forestry camp, or other facility established under 26,285
section 2151.65 of the Revised Code for which financial 26,286
assistance may be granted to assist in defraying the cost of the 26,287
construction of such THE school, forestry camp, or other 26,288
facility. If an application for such THAT financial assistance 26,290
is filed with the department under section 2151.651 of the 26,292
Revised Code, and the department finds that the application is in 26,293
proper form and the specifications for the construction of such 26,294
THE school, forestry camp, or other facility meet the minimum 26,295
standards set forth in the rules adopted by the department, the 26,296
department may, from moneys available to it for granting 26,297
600
financial assistance for the construction of schools, forestry 26,298
camps, or other facilities established under section 2151.65 of 26,299
the Revised Code, grant financial assistance to the county making 26,300
such THE application, subject to the approval of the controlling 26,301
board, in an amount not to exceed one-half of the county's share 26,302
of the cost of construction of such THE school, forestry camp, or 26,303
other facility but not to exceed six thousand five hundred 26,305
dollars for each bed unit provided for in such THE school, 26,306
forestry camp, or other facility. No financial assistance shall 26,308
be granted for the construction of any school, forestry camp, or 26,309
other facility designed to accommodate more than one hundred 26,310
fifty children at any one time. As used in this section, 26,311
"construction" means the building and the initial equipping of 26,312
new structures and, to the extent provided for in rules adopted 26,313
by the department, the acquisition, remodeling, and initial 26,314
equipping of existing structures, excluding architect's fees and 26,315
the cost of land acquisition.
A county that receives financial assistance under this 26,317
section shall not be obligated to repay such THE assistance to 26,318
the state unless the school, forestry camp, or other facility for 26,320
which such THE assistance is granted is used within the ten-year 26,321
period immediately following its establishment for other than the 26,322
purpose of rehabilitating children between the ages of twelve to 26,323
eighteen years, other than psychotic or mentally retarded 26,324
children, who are designated delinquent, as defined in section 26,325
2151.02 of the Revised Code, or unruly, as defined in section 26,326
2151.022 of the Revised Code, by order of a juvenile court. If 26,327
the department of youth services finds that such THE school, 26,328
forestry camp, or other facility is used for other than such THAT 26,330
purpose within such THAT ten-year period, such THE county shall 26,332
be obligated to repay such THE assistance to the state and, 26,333
through its board of county commissioners, may enter into an 26,334
agreement with the director of budget and management for the 26,335
discharge of such THAT obligation over a period not to exceed ten 26,336
601
years in duration. Whenever a county is obligated to repay such 26,337
THAT assistance to the state and its board of county 26,339
commissioners fails to enter into or fails to comply with an 26,340
agreement for the discharge of such THAT obligation, the tax 26,342
commissioner, pursuant to section 5747.54 of the Revised Code, 26,343
shall withhold from distribution to such THE county from the 26,345
local government fund an amount sufficient to discharge such THE 26,346
county from such THAT obligation to the state. 26,347
Sec. 5139.271. Subject to the approval of the controlling 26,356
board, the department of youth services may grant and pay 26,357
financial assistance to defray the county's share of the cost of 26,358
acquiring or constructing a district detention home, established 26,359
under section 2151.34 of the Revised Code, to any county making 26,360
application under section 2151.3416 of the Revised Code if the 26,361
department finds that the application was made in accordance with 26,362
its rules and the home or the specifications for the home meet 26,363
minimum standards established by the department. No financial 26,364
assistance shall be granted for defraying the cost of architects' 26,365
fees or land. 26,366
The department shall adopt rules prescribing the minimum 26,368
standards of construction and condition of existing structures, 26,369
established under section 2151.34 of the Revised Code, for which 26,370
financial assistance is granted under this section. The 26,371
department may recommend programs of education and training and 26,372
the qualifications desired for personnel of a district detention 26,373
home. 26,374
The amount of financial assistance granted to any county 26,376
shall not exceed one-half of the county's share of the cost of 26,377
acquisition or construction of the home. The total of all state 26,378
assistance for any home shall not exceed six thousand five 26,379
hundred dollars for each bed unit provided for in such THE home. 26,380
No financial assistance shall be granted for the construction of 26,382
a home designed to accommodate more than one hundred fifty 26,383
children at any one time. 26,384
602
A county which receives financial assistance under this 26,386
section shall repay such THE assistance to the state if the home 26,387
for which such THE assistance is granted is used within the 26,389
ten-year period immediately following its establishment for 26,390
purposes other than those contained in section 2151.34 of the 26,391
Revised Code. A board of county commissioners which uses the 26,392
home for any other purpose within such THAT period shall enter 26,393
into an agreement with the director of budget and management for 26,396
the discharge of such THAT obligation over a period not to exceed 26,397
ten years. If a board of county commissioners fails to enter 26,398
into an agreement for the discharge of such THAT obligation, or 26,399
fails to comply with the terms of such an agreement, the director 26,401
shall direct the tax commissioner, pursuant to section 5747.54 of 26,402
the Revised Code, shall TO withhold from the distribution of the 26,403
local government fund an amount sufficient to discharge the 26,404
obligation.
As used in this section: 26,406
(A) "Construction" means the building and initial 26,408
equipping of new structures. 26,409
(B) "Acquisition" means "acquisition" as defined in the 26,411
rules of the department, which may include the purchase, 26,412
remodeling, and initial equipping of existing structures. 26,413
Sec. 5139.28. The department of youth services shall adopt 26,422
and promulgate rules prescribing the standards of operation, 26,423
programs of education, and training and qualifications of 26,424
personnel of a school, forestry camp, or other facility, 26,425
established under section 2151.65 of the Revised Code, for which 26,426
financial assistance may be granted to assist in defraying the 26,427
cost of the operation and maintenance of the school, forestry 26,428
camp, or other facility. If an application is made to the 26,429
department under section 2151.652 of the Revised Code for 26,430
financial assistance and the department finds that the 26,431
application is in proper form and the standards of operation, 26,432
programs of education, and training and qualifications of 26,433
603
personnel of the school, forestry camp, or other facility meet 26,434
the requirements of the rules of the department adopted under 26,435
this section, the department, from moneys made available to it 26,436
for the purpose of granting financial assistance under this 26,437
section, may grant financial assistance for the operation and 26,438
maintenance of the school, forestry camp, or other facility in an 26,439
amount not to exceed one-half of the cost of operating and 26,440
maintaining the school, forestry camp, or other facility. 26,441
The department shall not grant financial assistance for the 26,443
operation or maintenance of a school, forestry camp, or other 26,444
facility established under section 2151.65 of the Revised Code 26,445
unless it is used solely for the purpose of rehabilitating 26,446
children between twelve and eighteen years of age, other than 26,447
psychotic or mentally retarded children, who have been 26,448
adjudicated delinquent children or unruly children by order of a 26,449
juvenile court. The department shall not grant financial 26,450
assistance for the operation or maintenance of a school, forestry 26,451
camp, or other facility established under section 2151.65 of the 26,452
Revised Code that houses more than one hundred fifty children at 26,453
any one time. 26,454
Sec. 5139.281. The department of youth services shall 26,463
adopt rules prescribing the manner of application for financial 26,464
assistance under this section for the operation and maintenance 26,465
of a detention home provided, or district detention home 26,466
established, under section 2151.34 of the Revised Code and 26,467
prescribing minimum standards of operation, including criteria 26,468
for programs of education, training, counseling, recreation, 26,469
health, and safety, and qualifications of personnel with which a 26,470
home shall comply as a condition of eligibility for assistance 26,471
under this section. If the board of county commissioners 26,472
providing a detention home or the board of trustees of a district 26,473
detention home applies to the department for assistance and if 26,474
the department finds that the application is in accordance with 26,475
the rules adopted under this section and that the home meets the 26,476
604
minimum standards adopted under this section, the department may 26,477
grant assistance to the applicant board for the operation and 26,478
maintenance of each home in an amount not to exceed fifty per 26,479
cent of the approved annual operating cost. The board shall make 26,480
a separate application for each year for which assistance is 26,481
requested. The department shall not grant assistance for the 26,482
operation and maintenance of a home that is designed to 26,483
accommodate fewer than ten children or that houses more than one 26,484
hundred fifty children at any one time. 26,485
The department shall adopt any necessary rules for the 26,487
care, treatment, and training in a district detention home of 26,488
children found to be delinquent children and committed to the 26,489
home by the juvenile court under section 2151.355 of the Revised 26,490
Code and may approve for this purpose any home that is found to 26,491
be in compliance with the rules it adopts. 26,492
The department shall provide, at least once every six 26,494
months, in-service training programs for staff members of 26,495
detention homes or district detention homes and shall pay all 26,496
travel and other necessary expenses incurred by participating 26,497
staff members. 26,498
Sec. 5145.19. (A) THERE IS HEREBY ESTABLISHED A PILOT 26,501
PROGRAM, IN THE MANNER SPECIFIED IN DIVISION (B) OF THIS SECTION, 26,503
PURSUANT TO WHICH THE DEPARTMENT OF REHABILITATION AND CORRECTION 26,504
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE NORTHWEST OHIO CLOSE 26,508
SECURITY PRISON.
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 26,511
DEPARTMENT NEED NOT COMPLY WITH SECTIONS 125.01 TO 125.11, 26,512
SECTIONS 4115.31 TO 4115.35, OR SECTION 5119.16 OF THE REVISED 26,514
CODE WHEN IT PURCHASES SUPPLIES AND SERVICES FOR THE NORTHWEST 26,516
OHIO CLOSE SECURITY PRISON. THE DEPARTMENT SHALL COMPLY WITH 26,517
DIVISION (B) OF SECTION 125.11 OF THE REVISED CODE WHEN IT 26,520
PURCHASES SUPPLIES AND SERVICES FOR THE PRISON. THE DEPARTMENT 26,521
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE PRISON THAT ARE 26,522
AVAILABLE AND PRODUCED BY PROGRAMS FOR THE EMPLOYMENT OF 26,523
605
PRISONERS ESTABLISHED UNDER SECTION 5145.16 OF THE REVISED CODE. 26,525
PRICES PAID FOR SUPPLIES AND SERVICES PURCHASED FOR THE 26,527
NORTHWEST OHIO CLOSE SECURITY PRISON SHALL BE FAIR AND REASONABLE 26,529
AND SHALL NOT BE GREATER THAN THE USUAL PRICES THE DEPARTMENT OF 26,530
REHABILITATION AND CORRECTION MUST PAY TO THE DEPARTMENT OF 26,531
ADMINISTRATIVE SERVICES FOR SUPPLIES AND SERVICES PURCHASED UNDER 26,532
TERM CONTRACTS OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 26,533
PREFERENCE SHALL BE GIVEN IN PURCHASING SUPPLIES AND SERVICES FOR 26,534
THE PRISON, IN ACCORDANCE WITH THE SECOND PARAGRAPH OF SECTION 26,536
5120.24 OF THE REVISED CODE, TO VENDORS IN THE AREA IN WHICH THE 26,539
PRISON IS LOCATED AS LONG AS THE PRICE PAID IS FAIR AND 26,540
REASONABLE AND IS NOT GREATER THAN THE USUAL PRICE.
ONE-HALF OF ANY AMOUNTS SAVED AS A RESULT OF PURCHASES MADE 26,544
UNDER THIS DIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE
GENERAL REVENUE FUND OF THE STATE, AND THE OTHER HALF OF THOSE 26,545
AMOUNTS SAVED SHALL BE USED FOR EDUCATIONAL OR REHABILITATION 26,546
PROGRAMS AT THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 26,547
DETERMINED BY THE PRISON'S WARDEN. 26,548
Sec. 5145.20. (A) THE DIRECTOR OF REHABILITATION AND 26,551
CORRECTION SHALL ISSUE, NOT LATER THAN TWO YEARS AFTER THE 26,552
OPENING OF THE NORTHWEST OHIO CLOSE SECURITY PRISON, A 26,553
PRELIMINARY REPORT, AND SHALL ISSUE, NOT LATER THAN FIVE YEARS 26,554
AFTER THE OPENING OF THE PRISON, A FINAL REPORT, THAT EVALUATES 26,555
THE PILOT PROGRAM DESCRIBED IN DIVISION (B) OF SECTION 5145.19 OF 26,557
THE REVISED CODE. THE DIRECTOR SHALL FORWARD A COPY OF THE 26,558
PRELIMINARY AND FINAL REPORTS TO THE GOVERNOR, SPEAKER OF THE 26,559
HOUSE OF REPRESENTATIVES, PRESIDENT OF THE SENATE, AND 26,560
CORRECTIONAL INSTITUTION INSPECTION COMMITTEE. 26,561
THE COMMITTEE SHALL CONDUCT A HEARING ON EACH REPORT THAT 26,563
IT RECEIVES. IT SHALL INVITE TO EACH HEARING ON A REPORT THE 26,564
PERSON WHO WAS THE PRIMARY SPONSOR OF THE ACT, OR OF THE 26,565
AMENDMENT TO THE ACT, PASSED BY THE GENERAL ASSEMBLY THAT ENACTED 26,566
THIS SECTION, AND THE PRIMARY SPONSOR MAY COMMENT ON THE REPORT. 26,567
(B) THE PRELIMINARY AND FINAL REPORTS SHALL DESCRIBE THE 26,569
606
EFFORTS OF THE DEPARTMENT TO IMPLEMENT THE PILOT PROGRAM; 26,570
EVALUATE THOSE EFFORTS; IDENTIFY ANY BENEFITS RESULTING FROM THE 26,572
PILOT PROGRAM ON PRISON OPERATIONS; IDENTIFY ANY FINANCIAL 26,573
BENEFITS ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM; 26,574
EVALUATE THE IMPACT OF THE PILOT PROGRAM ON THE COMMUNITY NEAR 26,575
THE PRISON; AND RECOMMEND ANY NECESSARY CHANGES IN THE PILOT 26,576
PROGRAM. THE DEPARTMENT SHALL DETERMINE THE FINANCIAL BENEFITS 26,577
ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM, AMONG OTHER 26,578
THINGS, BY CONDUCTING AN AUDIT OF PURCHASES MADE UNDER DIVISION 26,580
(B) OF SECTION 5145.19 OF THE REVISED CODE TO DETERMINE THE 26,581
AMOUNT OF SAVINGS REALIZED THROUGH THOSE PURCHASES. THE 26,582
PRELIMINARY AND FINAL REPORTS ALSO SHALL DETERMINE WHETHER ANY OF 26,583
THOSE FINANCIAL BENEFITS COULD BE DUPLICATED IF THE PILOT PROGRAM 26,584
WERE EXTENDED TO SOME OR ALL OTHER STATE CORRECTIONAL 26,585
INSTITUTIONS.
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of 26,594
the Revised Code:
(A) "Agency" means any administrative or operational 26,596
division, including an office, department, bureau, board, 26,597
commission, or authority, of the state or of a political 26,598
subdivision thereof, including volunteer agencies, organizations, 26,599
or departments. 26,600
(B) "Attack" means any attack, either actual or imminent, 26,602
or a series of attacks by an actual or potential enemy of the 26,603
United States or by a foreign nation upon the United States that 26,604
causes or may cause substantial damage to or destruction of life, 26,605
property, or the environment within the United States or that is 26,606
designed to injure the military or economic strength of the 26,607
United States. "Attack" includes, without limitation, acts of 26,608
sabotage, acts of terrorism, invasion, the use of bombs or 26,609
shellfire, conventional, nuclear, chemical, or biological 26,610
warfare, and the use of other weapons or processes. 26,611
(C) "Chief executive" means the president of the United 26,613
States, the governor of this state, the board of county 26,614
607
commissioners of any nonchartered county, the executive authority 26,615
of any county established under Section 3 of Article X, Ohio 26,616
Constitution, or Chapter 302. of the Revised Code, the board of 26,617
township trustees of any township, or the mayor or city manager 26,618
of any municipal corporation within this state. 26,619
(D) "Civil defense" is an integral part of emergency 26,621
management that includes all those activities and measures 26,622
designed or undertaken to minimize the effects upon the civilian 26,623
population caused or which THAT would be caused by any hazard and 26,625
to effect emergency repairs to, or the emergency restoration of, 26,626
vital equipment, resources, supplies, utilities, and facilities 26,627
necessary for survival and for the public health, safety, and 26,628
welfare that would be damaged or destroyed by any hazard. "Civil 26,629
defense" includes, but is not limited to: 26,630
(1) Those measures to be taken during a hazard, including 26,632
all of the following: 26,633
(a) The enforcement of those passive defense regulations 26,635
necessary for the protection of the civilian population and 26,636
prescribed by duly established military or civil authorities; 26,637
(b) The evacuation of personnel to shelter areas; 26,639
(c) The control of traffic and panic situations; 26,641
(d) The control and use of emergency communications, 26,643
lighting, and warning equipment and systems. 26,644
(2) Those measures to be taken after a hazard has 26,646
occurred, including all of the following: 26,647
(a) Activities necessary for fire fighting FIREFIGHTING, 26,649
rescue, emergency, medical, health, and sanitation services; 26,651
(b) Monitoring for secondary hazards that could be caused 26,653
from the initiating event; 26,654
(c) Damage assessment and disaster analysis operations; 26,656
(d) Coordination of disaster assistance programs; 26,658
(e) Monitoring for effects from weapons; 26,660
(f) Unexploded bomb reconnaissance; 26,662
(g) Essential debris clearance; 26,664
608
(h) Decontamination operations; 26,666
(i) Documentation of operations and financial expenses; 26,668
(j) Resource control; 26,670
(k) Any other activities that may be necessary for 26,672
survival and the overall health, safety, and welfare of the 26,673
civilian population. 26,674
(E) "Disaster" means any imminent threat or actual 26,676
occurrence of widespread or severe damage to or loss of property, 26,677
personal hardship or injury, or loss of life that results from 26,678
any natural phenomenon or act of man A HUMAN. 26,679
(F) "Emergency" means any period during which the congress 26,681
of the United States or a chief executive has declared or 26,682
proclaimed that an emergency exists. 26,683
(G) "Emergency management" includes all emergency 26,685
preparedness and civil defense activities and measures, whether 26,686
or not mentioned or described in sections 5502.21 to 5502.51 of 26,688
the Revised Code, that are designed or undertaken to minimize the 26,689
effects upon the civilian population caused or that could be 26,690
caused by any hazard and that are necessary to address 26,691
mitigation, emergency preparedness, response, and recovery. 26,692
(H) "Emergency preparedness" is an integral part of 26,694
emergency management that includes those activities and measures 26,695
designed or undertaken in preparation for any hazard, including, 26,697
but not limited to, natural disasters and hazards involving 26,698
hazardous materials or radiological materials, and that will 26,700
enhance the probability for preservation of life, property, and 26,701
the environment. "Emergency preparedness" includes, without
limitation: 26,702
(1) The establishment of appropriate agencies and 26,704
organizations; 26,705
(2) The development of necessary plans and standard 26,707
operating procedures for mitigation, preparation, response, and 26,708
recovery purposes, including, without limitation, the development 26,709
of supporting agreements and memorandums of understanding; 26,710
609
(3) Hazard identification; 26,712
(4) Capability assessment; 26,714
(5) The recruitment, retention, and training of personnel; 26,716
(6) The development, printing, and distribution of 26,718
emergency public information, education, and training materials 26,719
and programs; 26,720
(7) The necessary conduct of research; 26,722
(8) The development of resource inventories; 26,724
(9) The procurement and stockpiling of equipment, food, 26,726
water, medical supplies, and any other supplies necessary for 26,727
survival and for the public health, safety, and welfare; 26,728
(10) The development and construction of public shelter 26,730
facilities and shelter spaces; 26,731
(11) The development and construction of emergency 26,733
operations centers for the conduct and support of coordination, 26,734
direction, and control activities; 26,735
(12) When appropriate and considered necessary, the 26,737
nonmilitary evacuation or temporary relocation of the civilian 26,738
population. 26,739
(I) "Hazard" means any actual or imminent threat to the 26,741
survival or overall health, safety, or welfare of the civilian 26,742
population that is caused by any natural, man-made HUMAN-MADE, or 26,744
technological event. "Hazard" includes, without limitation, an 26,745
attack, disaster, and emergency. 26,746
(J) "Hazard identification" means an identification, 26,748
historical analysis, inventory, or spatial distribution of risks 26,749
that could affect a specific geographical area and that would 26,750
cause a threat to the survival, health, safety, or welfare of the 26,751
civilian population, the property of that population, or the 26,752
environment. 26,753
(K) "Law" includes a general or special statute, law, 26,755
local law, ordinance, resolution, rule, order, or rule of common 26,756
law. 26,757
(L) "Mitigation" means all those activities that reduce or 26,759
610
eliminate the probability of a hazard. "Mitigation" also 26,760
includes long-term activities and measures designed to reduce the 26,761
effects of unavoidable hazards. 26,762
(M) "Political subdivision" means a county, township, or 26,764
municipal corporation in this state. 26,765
(N) "Recovery" includes all those activities required and 26,767
necessary to return an area to its former condition to the extent 26,768
possible following the occurrence of any hazard. 26,769
(O) "Response" includes all those activities that occur 26,771
subsequent to any hazard and that provide emergency assistance 26,772
from the effects of any such hazard, reduce the probability of 26,773
further injury, damage, or destruction, and are designed or 26,774
undertaken to speed recovery operations. 26,775
(P) "Structure" includes shelters, additions to or 26,777
alterations of existing buildings, and portions of existing 26,778
buildings dedicated to public use, made and designed exclusively 26,779
for protection against the shock or other effects of nuclear, 26,780
biological, or chemical warfare, special housing for equipment, 26,781
and all other structural means of protection of individuals and 26,782
property against any hazard. 26,783
(Q) "Equipment" includes fire-fighting, first-aid, 26,785
emergency medical, hospital, salvage, and rescue equipment and 26,786
materials, equipment for evacuation or relocation of individuals, 26,787
radiological monitoring equipment, hazardous materials response 26,788
gear, communications equipment, warning equipment, and all other 26,789
means, in the nature of personal property, to be used exclusively 26,790
in the protection of individuals and property against the effects 26,791
of any hazard. 26,792
(R) "Certifying authority" means the deputy EXECUTIVE 26,794
director of the emergency management agency provided for by 26,796
section 5502.22 of the Revised Code. 26,798
(S) "Civil defense certificate" means a civil defense 26,800
certificate of necessity issued pursuant to section 5502.42 of 26,802
the Revised Code. 26,803
611
Sec. 5502.22. (A) There is hereby established within the 26,813
department of public safety an emergency management agency, which 26,814
shall be governed under rules adopted by the director of public 26,816
safety under section 5502.25 of the Revised Code. The director, 26,818
with the concurrence of the governor, shall appoint a deputy AN 26,819
EXECUTIVE director, who shall be head of the emergency management 26,821
agency. The deputy EXECUTIVE director may appoint a chief 26,824
executive assistant, executive assistants, and administrative and 26,826
technical personnel within that agency as may be necessary to 26,827
plan, organize, and maintain emergency management adequate to the 26,828
needs of the state. The deputy EXECUTIVE director shall 26,829
coordinate all activities of all agencies for emergency 26,830
management within the state, shall maintain liaison with similar 26,831
agencies of other states and of the federal government, shall 26,832
cooperate with those agencies subject to the approval of the 26,833
governor, and shall develop a statewide emergency operations plan 26,834
that shall meet any applicable federal requirements for such 26,835
plans. The deputy EXECUTIVE director shall have such additional 26,837
authority, duties, and responsibilities as are prescribed by the 26,838
governor and the director or provided by law in all matters 26,840
relating to emergency management that may be reflected in other 26,842
sections of the Revised Code. The deputy EXECUTIVE director 26,844
shall advise the governor and director on matters pertaining to 26,845
emergency management on a regular basis.
Whenever the disaster services agency or director is 26,847
referred to or designated in any statute, rule, contract, or 26,848
other document, the reference or designation shall be deemed to 26,849
refer to the emergency management agency or deputy EXECUTIVE 26,850
director, as the case may be. 26,852
(B) For the purposes of emergency management, the deputy 26,854
EXECUTIVE director, with the approval of the director, may 26,856
participate in federal programs, accept grants from, and enter 26,857
into cooperative agreements or contractual arrangements with any 26,858
federal, state, or local department, agency, or subdivision 26,859
612
thereof, or any other person or body politic. Whenever the
duties of the emergency management agency overlap with rights or 26,860
duties of other federal, state, or local departments, agencies, 26,861
subdivisions, or officials, or private agencies, the deputy 26,862
EXECUTIVE director shall cooperate with, and not infringe upon 26,864
the rights and duties of, the other public or private entities. 26,865
Funds made available by the United States for the use of 26,867
the emergency management agency shall be expended by that agency 26,868
only for the purposes for which the funds were appropriated. In 26,869
accepting federal funds, the emergency management agency shall 26,871
abide by the terms and conditions of the grant, cooperative 26,872
agreement, or contractual arrangement and shall expend the funds 26,873
in accordance with the laws and regulations of the United States. 26,874
Sec. 5502.25. The director of public safety, in accordance 26,883
with Chapter 119. of the Revised Code, shall adopt, may amend or 26,885
rescind, and shall enforce, rules with respect to the emergency
management of the state for the purpose of providing protection 26,887
for its people against any hazard. The rules shall be made 26,888
available for public inspection at the emergency operations 26,890
center/joint dispatch facility and at such other places and 26,891
during such reasonable hours as fixed by the deputy EXECUTIVE 26,892
director of emergency management.
Sec. 5502.28. In carrying out sections 5502.21 to 5502.51 26,901
of the Revised Code, the governor shall utilize the services, 26,904
equipment, supplies, and facilities of existing agencies of the 26,905
state and of the political subdivisions thereof to the maximum 26,906
extent practicable, and the officers and personnel of all such 26,907
agencies shall cooperate with and extend such services, 26,908
equipment, supplies, and facilities to the governor and to the 26,909
deputy EXECUTIVE director of the emergency management agency upon 26,911
request.
Every agency for emergency management established pursuant 26,913
to sections 5502.21 to 5502.51 of the Revised Code and every 26,915
political subdivision that has established a program for 26,916
613
emergency management under section 5502.271 of the Revised Code, 26,917
and the officers thereof, shall execute and enforce any emergency 26,919
management orders and rules issued or adopted by the director of 26,920
public safety. 26,921
Sec. 5502.34. No person shall be employed or associated in 26,930
any capacity in any position or agency established under sections 26,931
5502.21 to 5502.51 of the Revised Code who advocates or has 26,932
advocated a change by force or violence in the constitutional 26,933
form of the government of the United States or of this state or 26,934
who has been convicted of or is under indictment or information 26,935
charging any subversive act against the United States or this 26,936
state. Each person who is appointed to serve in any position in 26,937
emergency management or in an agency for emergency management, 26,938
before entering upon his THE PERSON'S duties, shall register, in 26,939
writing, his THE PERSON'S name, address, and any other necessary 26,940
information pertaining to his THE PERSON'S qualifications and 26,941
choice of type of service and shall take an oath before the 26,943
deputy EXECUTIVE director of the emergency management agency or 26,944
local emergency management director or deputy director, or any 26,945
other person authorized to administer oaths in this state, which 26,946
oath shall be as follows: 26,947
"I, ........................, do solemnly swear (or affirm) 26,949
that I will support and defend the constitution of the United 26,950
States and the constitution of the state of Ohio, against all 26,951
enemies, foreign and domestic; that I will bear true faith and 26,952
allegiance to the same; that I will obey the orders of the 26,953
governor of the state of Ohio; that I take this obligation 26,954
freely, without any mental reservation or purpose of evasion; and 26,955
that I will faithfully discharge the duties upon which I am about 26,956
to enter. 26,957
"And I do further swear (or affirm) that I do not advocate, 26,959
nor am I a member of any political party or organization that 26,960
advocates, the overthrow of the government of the United States 26,961
or of this state by force or violence; and that during such time 26,962
614
as I am engaged in emergency management employment or activities, 26,963
I will not advocate nor become a member of any political party or 26,964
organization that advocates the overthrow of the government of 26,965
the Unites UNITED States or of this state by force or violence." 26,967
Sec. 5703.05. All powers, duties, and functions of the 26,976
department of taxation are vested in and shall be performed by 26,977
the tax commissioner, which powers, duties, and functions shall 26,978
include, but shall not be limited to, the following: 26,979
(A) Prescribing all blank forms which the department is 26,981
authorized to prescribe, and to provide such forms and distribute 26,982
the same as required by law and the rules of the department. The 26,983
tax commissioner shall include a mail-in registration form 26,984
prescribed in section 3503.14 of the Revised Code within the 26,985
return and instructions for the tax levied in odd-numbered years 26,986
under section 5747.02 of the Revised Code, beginning with the tax 26,987
levied for the first odd-numbered year after the effective date 26,988
of this amendment 1995. The secretary of state shall bear all 26,989
costs for the inclusion of the mail-in registration form. That 26,990
form shall be addressed for return to the office of the secretary 26,991
of state.
(B) Exercising the authority provided by law, INCLUDING 26,993
ORDERS FROM BANKRUPTCY COURTS, relative to remitting or refunding 26,995
taxes or assessments, including penalties and interest thereon, 26,996
illegally or erroneously assessed or collected, or for any other 26,997
reason overpaid, and in addition, the commissioner may on written 26,998
application of any person, firm, or corporation claiming to have 26,999
overpaid to the treasurer of state at any time within five years 27,000
prior to the making of such application any tax payable under any 27,001
law which the department of taxation is required to administer 27,002
which does not contain any provision for refund, or on his THE 27,003
COMMISSIONER'S own motion investigate the facts and make in 27,004
triplicate a written statement of his THE COMMISSIONER'S 27,005
findings, and, if he THE COMMISSIONER finds that there has been 27,006
an overpayment, issue in triplicate a certificate of abatement 27,007
615
payable to the taxpayer, his THE TAXPAYER'S assigns, or legal 27,008
representative which shows the amount of the overpayment and the 27,009
kind of tax overpaid. One copy of such statement shall be 27,010
entered on the journal of the commissioner, one shall be
certified to the attorney general, and one certified copy shall 27,012
be delivered to the taxpayer. All copies of the certificate of 27,013
abatement shall be transmitted to the attorney general, and if he 27,014
THE ATTORNEY GENERAL finds it to be correct he THE ATTORNEY 27,015
GENERAL shall so certify on each copy, and deliver one copy to 27,016
the taxpayer, one copy to the commissioner, and the third copy to 27,017
the treasurer of state. Except as provided in sections 5725.08
and 5725.16 of the Revised Code the taxpayer's copy of any 27,019
certificates of abatement may be tendered by the payee or 27,020
transferee thereof to the treasurer of state as payment, to the 27,021
extent of the amount thereof, of any tax payable to the treasurer 27,022
of state.
(C) Exercising the authority provided by law relative to 27,024
consenting to the compromise and settlement of tax claims; 27,025
(D) Exercising the authority provided by law relative to 27,027
the use of alternative tax bases by taxpayers in the making of 27,028
personal property tax returns; 27,029
(E) Exercising the authority provided by law relative to 27,031
authorizing the prepayment of taxes on retail sales of tangible 27,032
personal property or on the storage, use, or consumption of 27,033
personal property, and waiving the collection of such taxes from 27,034
the consumers; 27,035
(F) Exercising the authority provided by law to revoke 27,037
licenses; 27,038
(G) Maintaining a continuous study of the practical 27,040
operation of all taxation and revenue laws of the state, the 27,041
manner in which and extent to which such laws provide revenues 27,042
for the support of the state and its political subdivisions, the 27,043
probable effect upon such revenue of possible changes in existing 27,044
laws, and the possible enactment of measures providing for other 27,045
616
forms of taxation. For this purpose the commissioner may 27,046
establish and maintain a division of research and statistics, and 27,047
may appoint necessary employees who shall be in the unclassified 27,048
civil service; the results of such study shall be available to 27,049
the members of the general assembly and the public. 27,050
(H) Making all tax assessments, valuations, findings, 27,052
determinations, computations, and orders the department of 27,053
taxation is by law authorized and required to make and, pursuant 27,054
to time limitations provided by law, on his THE COMMISSIONER'S 27,055
own motion, reviewing, redetermining, or correcting any tax 27,056
assessments, valuations, findings, determinations, computations, 27,057
or orders he THE COMMISSIONER has made, but he THE COMMISSIONER 27,058
shall not review, redetermine, or correct any tax assessment, 27,059
valuation, finding, determination, computation, or order which he 27,060
THE COMMISSIONER has made as to which an appeal or application 27,061
for rehearing, review, redetermination, or correction has been 27,062
filed with the board of tax appeals, unless such appeal or 27,063
application is withdrawn by the appellant or applicant or 27,064
dismissed; 27,065
(I) Appointing not more than five deputy tax 27,067
commissioners, who, under such regulations as the rules of the 27,068
department of taxation prescribe, may act for the commissioner in 27,069
the performance of such duties as he THE COMMISSIONER prescribes 27,070
in the administration of the laws which he THE COMMISSIONER is 27,071
authorized and required to administer, and who shall serve in the 27,072
unclassified civil service at the pleasure of the commissioner, 27,073
but if a person who holds a position in the classified service is 27,074
appointed, it shall not affect the civil service status of such 27,075
person;
(J) Appointing and prescribing the duties of all other 27,077
employees of the department of taxation necessary in the 27,078
performance of the work of the department which the tax 27,079
commissioner is by law authorized and required to perform, and 27,080
creating such divisions or sections of employees as, in his THE 27,081
617
COMMISSIONER'S judgment, is proper; 27,082
(K) Organizing the work of the department, which he THE 27,084
COMMISSIONER is by law authorized and required to perform, so 27,085
that, in his THE COMMISSIONER'S judgment, an efficient and 27,086
economical administration of the laws will result; 27,087
(L) Maintaining a journal, which is open to public 27,089
inspection, in which he THE COMMISSIONER shall keep a record of 27,090
all actions taken by him THE COMMISSIONER relating to assessments 27,092
and the reasons therefor;
(M) Adopting and promulgating, in the manner provided by 27,094
section 5703.14 of the Revised Code, all rules of the department, 27,095
including rules for the administration of sections 3517.16, 27,096
3517.17, and 5747.081 of the Revised Code; 27,097
(N) Destroying any or all returns or assessment 27,099
certificates in the manner authorized by law; 27,100
(O) Adopting rules, in accordance with division (B) of 27,102
section 325.31 of the Revised Code, governing the expenditure of 27,103
moneys from the real estate assessment fund under that division. 27,104
Sec. 5703.21. (A) Except as provided in divisions (B), 27,113
(C), (D), and (E) of this section, no agent of the department of 27,115
taxation, except in the agent's report to the department or when 27,116
called on to testify in any court or proceeding, shall divulge 27,117
any information acquired by the agent as to the transactions, 27,118
property, or business of any person while acting or claiming to 27,119
act under orders of the department. Whoever violates this 27,120
provision shall thereafter be disqualified from acting as an 27,121
officer or employee or in any other capacity under appointment or 27,122
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 27,124
of the Revised Code, or an audit of the department pursuant to 27,125
Chapter 117. of the Revised Code, or an audit, pursuant to such 27,126
THAT chapter, the objective of which is to express an opinion on 27,128
a financial report or statement prepared or issued pursuant to 27,129
division (G)(A)(7) or (I)(9) of section 126.21 of the Revised 27,132
618
Code, the officers and employees of the auditor of state charged 27,133
with conducting the audit shall have access to and the right to 27,134
examine any state tax returns and state tax return information in 27,135
the possession of the department to the extent that such THE 27,136
access and examination are necessary for purposes of the audit. 27,138
Any information acquired as the result of such THAT access and 27,139
examination shall not be divulged for any purpose other than as 27,141
required for such THE audit or unless the officers and employees 27,142
are required to testify in a court or proceeding under compulsion 27,144
of legal process. Whoever violates this provision shall 27,145
thereafter be disqualified from acting as an officer or employee 27,146
or in any other capacity under appointment or employment of the 27,147
auditor of state. 27,148
(2) As provided by section 6103(d)(2) of the Internal 27,150
Revenue Code, any federal tax returns or federal tax information 27,151
which the department has acquired from the internal revenue 27,152
service, through federal and state statutory authority, may be 27,153
disclosed to the auditor of state solely for purposes of an audit 27,154
of the department. 27,155
(C) Division (A) of this section does not prohibit 27,157
divulging information contained in applications, complaints, and 27,158
related documents filed with the department under section 5715.27 27,159
of the Revised Code, or in applications filed with the department 27,160
under section 5715.39 of the Revised Code. 27,161
(D) Division (A) of this section does not prohibit the 27,163
department of taxation providing information to the division of 27,164
child support within the department of human services, or a child 27,165
support enforcement agency, pursuant to division (G)(2) of 27,166
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 27,169
disclosure to the board of motor vehicle collision repair 27,170
registration of any information in the possession of the 27,171
department that is necessary for the board to verify the 27,173
existence of an applicant's valid vendor's license and current 27,174
619
state tax identification number under section 4775.07 of the
Revised Code. 27,175
Sec. 5709.62. (A) In any municipal corporation that is 27,184
defined by the United States office of management and budget as a 27,185
central city of a metropolitan statistical area, the legislative 27,186
authority of the municipal corporation may designate one or more 27,187
areas within its municipal corporation as proposed enterprise 27,188
zones. Upon designating an area, the legislative authority shall 27,189
petition the director of development for certification of the 27,190
area as having the characteristics set forth in division (A)(1) 27,191
of section 5709.61 of the Revised Code as amended by Substitute 27,192
Senate Bill No. 19 of the 120th general assembly. Except as 27,193
otherwise provided in division (E) of this section, on and after 27,194
July 1, 1994, legislative authorities shall not enter into 27,195
agreements under this section unless the legislative authority 27,196
has petitioned the director and the director has certified the 27,197
zone under this section as amended by that act; however, all 27,198
agreements entered into under this section as it existed prior to 27,199
July 1, 1994, and the incentives granted under those agreements 27,200
shall remain in effect for the period agreed to under those 27,201
agreements. Within sixty days after receiving such a petition, 27,202
the director shall determine whether the area has the 27,203
characteristics set forth in division (A)(1) of section 5709.61 27,204
of the Revised Code, and shall forward the findings to the 27,206
legislative authority of the municipal corporation. If the 27,207
director certifies the area as having those characteristics, and 27,208
thereby certifies it as a zone, the legislative authority may 27,209
enter into an agreement with an enterprise under division (C) of 27,210
this section. 27,211
(B) Any enterprise that wishes to enter into an agreement 27,213
with a municipal corporation under division (C) of this section 27,214
shall submit a proposal to the legislative authority of the 27,215
municipal corporation on a form prescribed by the director of 27,216
development, together with the application fee established under 27,217
620
section 5709.68 of the Revised Code. The form shall require the 27,218
following information: 27,219
(1) An estimate of the number of new employees whom the 27,221
enterprise intends to hire, or of the number of employees whom 27,222
the enterprise intends to retain, within the zone at a facility 27,223
that is a project site, and an estimate of the amount of payroll 27,224
of the enterprise attributable to these employees; 27,225
(2) An estimate of the amount to be invested by the 27,227
enterprise to establish, expand, renovate, or occupy a facility, 27,228
including investment in new buildings, additions or improvements 27,229
to existing buildings, machinery, equipment, furniture, fixtures, 27,230
and inventory; 27,231
(3) A listing of the enterprise's current investment, if 27,233
any, in a facility as of the date of the proposal's submission. 27,234
The enterprise shall review and update the listings 27,236
required under this division to reflect material changes, and any 27,237
agreement entered into under division (C) of this section shall 27,238
set forth final estimates and listings as of the time the 27,239
agreement is entered into. The legislative authority may, on a 27,240
separate form and at any time, require any additional information 27,241
necessary to determine whether an enterprise is in compliance 27,242
with an agreement and to collect the information required to be 27,243
reported under section 5709.68 of the Revised Code. 27,244
(C) Upon receipt and investigation of a proposal under 27,246
division (B) of this section, if the legislative authority finds 27,247
that the enterprise submitting the proposal is qualified by 27,248
financial responsibility and business experience to create and 27,249
preserve employment opportunities in the zone and improve the 27,250
economic climate of the municipal corporation, the legislative 27,251
authority, on or before June 30, 1999 2004, may do one of the 27,254
following:
(1) Enter into an agreement with the enterprise under 27,256
which the enterprise agrees to establish, expand, renovate, or 27,257
occupy a facility and hire new employees, or preserve employment 27,258
621
opportunities for existing employees, in return for one or more 27,259
of the following incentives: 27,260
(a) Exemption for a specified number of years, not to 27,262
exceed ten, of a specified portion, up to seventy-five per cent, 27,263
of the assessed value of tangible personal property first used in 27,264
business at the project site as a result of the agreement. An 27,265
exemption granted pursuant to this division applies to inventory 27,266
required to be listed pursuant to sections 5711.15 and 5711.16 of 27,267
the Revised Code, except that, in the instance of an expansion or 27,268
other situations in which an enterprise was in business at the 27,269
facility prior to the establishment of the zone, the inventory 27,270
which is exempt is that amount or value of inventory in excess of 27,271
the amount or value of inventory required to be listed in the 27,272
personal property tax return of the enterprise in the return for 27,273
the tax year in which the agreement is entered into. 27,274
(b) Exemption for a specified number of years, not to 27,276
exceed ten, of a specified portion, up to seventy-five per cent, 27,277
of the increase in the assessed valuation of real property 27,278
constituting the project site subsequent to formal approval of 27,279
the agreement by the legislative authority; 27,280
(c) Provision for a specified number of years, not to 27,282
exceed ten, of any optional services or assistance that the 27,283
municipal corporation is authorized to provide with regard to the 27,284
project site. 27,285
(2) An agreement under which the enterprise agrees to 27,287
remediate an environmentally contaminated facility, to spend an 27,288
amount equal to at least two hundred fifty per cent of the true 27,289
value in money of the real property of the facility prior to 27,290
remediation as determined for the purposes of property taxation 27,291
to establish, expand, renovate, or occupy the remediated 27,292
facility, and to hire new employees or preserve employment 27,293
opportunities for existing employees at the remediated facility, 27,294
in return for one or more of the following incentives: 27,295
(a) Exemption for a specified number of years, not to 27,297
622
exceed ten, of a specified portion, not to exceed fifty per cent, 27,298
of the assessed valuation of the real property of the facility 27,299
prior to remediation; 27,300
(b) Exemption for a specified number of years, not to 27,302
exceed ten, of a specified portion, not to exceed one hundred per 27,303
cent, of the increase in the assessed valuation of the real 27,304
property of the facility during or after remediation; 27,305
(c) The incentive under division (C)(1)(a) of this 27,307
section, except that the percentage of the assessed value of such 27,308
property exempted from taxation shall not exceed one hundred per 27,309
cent; 27,310
(d) The incentive under division (C)(1)(c) of this 27,312
section. 27,313
(3) Enter into an agreement with an enterprise that plans 27,315
to purchase and operate a large manufacturing facility that has 27,316
ceased operation or announced its intention to cease operation, 27,317
in return for exemption for a specified number of years, not to 27,318
exceed ten, of a specified portion, up to one hundred per cent, 27,319
of the assessed value of tangible personal property used in 27,320
business at the project site as a result of the agreement, or of 27,321
the assessed valuation of real property constituting the project 27,322
site, or both. 27,323
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 27,325
section, the portion of the assessed value of tangible personal 27,326
property or of the increase in the assessed valuation of real 27,327
property exempted from taxation under those divisions may exceed 27,328
seventy-five per cent in any year for which that portion is 27,329
exempted if the average percentage exempted for all years in 27,330
which the agreement is in effect does not exceed sixty per cent, 27,331
or if the board of education of the city, local, or exempted 27,332
village school district within the territory of which the 27,333
property is or will be located approves a percentage in excess of 27,334
seventy-five per cent. For the purpose of obtaining such 27,335
approval, the legislative authority shall deliver to the board of 27,336
623
education a notice not later than forty-five days prior to 27,337
approving the agreement, excluding Saturdays, Sundays, and legal 27,339
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 27,341
the true value of the property to be exempted, and the number of 27,342
years the property is to be exempted. The board of education, by 27,343
resolution adopted by a majority of the board, shall approve or 27,344
disapprove the agreement and certify a copy of the resolution to 27,345
the legislative authority not later than fourteen days prior to 27,346
the date stipulated by the legislative authority as the date upon 27,347
which approval of the agreement is to be formally considered by 27,348
the legislative authority. The board of education may include in 27,349
the resolution conditions under which the board would approve the 27,350
agreement, including the execution of an agreement to compensate 27,351
the school district under division (B) of section 5709.82 of the 27,352
Revised Code. The legislative authority may approve the 27,353
agreement at any time after the board of education certifies its 27,354
resolution approving the agreement to the legislative authority, 27,355
or, if the board approves the agreement conditionally, at any 27,356
time after the conditions are agreed to by the board and the 27,357
legislative authority.
If a board of education has adopted a resolution waiving 27,359
its right to approve agreements and the resolution remains in 27,361
effect, approval of an agreement by the board is not required 27,362
under this division. If a board of education has adopted a 27,363
resolution allowing a legislative authority to deliver the notice 27,364
required under this division fewer than forty-five business days 27,365
prior to the legislative authority's approval of the agreement, 27,366
the legislative authority shall deliver the notice to the board 27,367
not later than the number of days prior to such approval as 27,368
prescribed by the board in its resolution. If a board of 27,369
education adopts a resolution waiving its right to approve 27,370
agreements or shortening the notification period, the board shall 27,371
certify a copy of the resolution to the legislative authority. 27,372
624
If the board of education rescinds such a resolution, it shall 27,373
certify notice of the rescission to the legislative authority. 27,374
(2) The legislative authority shall comply with section 27,376
5709.83 of the Revised Code unless the board of education has 27,379
adopted a resolution under that section waiving its right to 27,380
receive such notice.
(E) This division applies to zones certified by the 27,382
director of development under this section prior to July 22, 27,384
1994. 27,385
On or before June 30, 1999 2004, the legislative authority 27,388
that designated a zone to which this division applies may enter 27,389
into an agreement with an enterprise if the legislative authority 27,390
makes the finding required under that division and determines 27,391
that the enterprise satisfies one of the criteria described in 27,392
divisions (E)(1) to (5) of this section: 27,393
(1) The enterprise currently has no operations in this 27,395
state and, subject to approval of the agreement, intends to 27,396
establish operations in the zone; 27,397
(2) The enterprise currently has operations in this state 27,399
and, subject to approval of the agreement, intends to establish 27,400
operations at a new location in the zone that would not result in 27,401
a reduction in the number of employee positions at any of the 27,402
enterprise's other locations in this state; 27,403
(3) The enterprise, subject to approval of the agreement, 27,405
intends to relocate operations, currently located in another 27,406
state, to the zone; 27,407
(4) The enterprise, subject to approval of the agreement, 27,409
intends to expand operations at an existing site in the zone that 27,410
the enterprise currently operates; 27,411
(5) The enterprise, subject to approval of the agreement, 27,413
intends to relocate operations, currently located in this state, 27,414
to the zone, and the director of development has issued a waiver 27,415
for the enterprise under division (B) of section 5709.633 of the 27,416
Revised Code. 27,417
625
The agreement shall require the enterprise to agree to 27,419
establish, expand, renovate, or occupy a facility in the zone and 27,420
hire new employees, or preserve employment opportunities for 27,421
existing employees, in return for one or more of the incentives 27,422
described in division (C) of this section. 27,423
(F) All agreements entered into under this section shall 27,425
be in the form prescribed under section 5709.631 of the Revised 27,426
Code. After an agreement is entered into under this division, if 27,427
the legislative authority revokes its designation of a zone, or 27,428
if the director of development revokes the zone's certification, 27,429
any entitlements granted under the agreement shall continue for 27,430
the number of years specified in the agreement. 27,431
(G) Except as otherwise provided in this division, an 27,433
agreement entered into under this section shall require that the 27,434
enterprise pay an annual fee equal to the greater of one per cent 27,435
of the dollar value of incentives offered under the agreement or 27,436
five hundred dollars; provided, however, that if the value of the 27,437
incentives exceeds two hundred fifty thousand dollars, the fee 27,438
shall not exceed two thousand five hundred dollars. The fee 27,439
shall be payable to the legislative authority once per year for 27,440
each year the agreement is effective on the days and in the form 27,441
specified in the agreement. Fees paid shall be deposited in a 27,442
special fund created for such purpose by the legislative 27,443
authority and shall be used by the legislative authority 27,444
exclusively for the purpose of complying with section 5709.68 of 27,445
the Revised Code and by the tax incentive review council created 27,446
under section 5709.85 of the Revised Code exclusively for the 27,447
purposes of performing the duties prescribed under that section. 27,448
The legislative authority may waive or reduce the amount of the 27,449
fee charged against an enterprise, but such a waiver or reduction 27,450
does not affect the obligations of the legislative authority or 27,451
the tax incentive review council to comply with section 5709.68 27,452
or 5709.85 of the Revised Code. 27,453
(H) When an agreement is entered into pursuant to this 27,455
626
section, the legislative authority authorizing the agreement 27,456
shall forward a copy of the agreement to the director of 27,457
development and to the tax commissioner within fifteen days after 27,458
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 27,459
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE 27,460
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 27,462
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 27,463
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 27,465
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 27,466
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 27,467
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 27,469
shall file with each personal property tax return required to be 27,470
filed while the agreement is in effect, an informational return, 27,471
on a form prescribed by the tax commissioner for that purpose, 27,472
setting forth separately the property, and related costs and 27,473
values, exempted from taxation under the agreement. 27,474
(J) Enterprises may agree to give preference to residents 27,476
of the zone within which the agreement applies relative to 27,477
residents of this state who do not reside in the zone when hiring 27,478
new employees under the agreement. 27,479
(K) An agreement entered into under this section may 27,481
include a provision requiring the enterprise to create one or 27,482
more temporary internship positions for students enrolled in a 27,483
course of study at a school or other educational institution in 27,484
the vicinity, and to create a scholarship or provide another form 27,485
of educational financial assistance for students holding such a 27,486
position in exchange for the student's commitment to work for the 27,487
enterprise at the completion of the internship. 27,488
Sec. 5709.63. (A) With the consent of the legislative 27,497
authority of each affected municipal corporation or of a board of 27,498
township trustees, a board of county commissioners may, in the 27,499
manner set forth in section 5709.62 of the Revised Code, 27,500
627
designate one or more areas in one or more municipal corporations 27,501
or in unincorporated areas of the county as proposed enterprise 27,503
zones. A board of county commissioners may designate no more 27,504
than one area within a township, or within adjacent townships, as 27,505
a proposed enterprise zone. The board shall petition the 27,506
director of development for certification of the area as having 27,507
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 27,508
Senate Bill No. 19 of the 120th general assembly. Except as 27,509
otherwise provided in division (D) of this section, on and after 27,510
July 1, 1994, boards of county commissioners shall not enter into 27,511
agreements under this section unless the board has petitioned the 27,512
director and the director has certified the zone under this
section as amended by that act; however, all agreements entered 27,513
into under this section as it existed prior to July 1, 1994, and 27,514
the incentives granted under those agreements shall remain in 27,515
effect for the period agreed to under those agreements. The 27,516
director shall make the determination in the manner provided 27,517
under section 5709.62 of the Revised Code. Any enterprise 27,518
wishing to enter into an agreement with the board under division 27,519
(B) or (D) of this section shall submit a proposal to the board 27,521
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 27,523
enterprise shall review and update the estimates and listings 27,524
required by the form in the manner required under that division. 27,525
The board may, on a separate form and at any time, require any 27,526
additional information necessary to determine whether an 27,527
enterprise is in compliance with an agreement and to collect the 27,528
information required to be reported under section 5709.68 of the 27,529
Revised Code.
(B) If the board of county commissioners finds that an 27,531
enterprise submitting a proposal is qualified by financial 27,532
responsibility and business experience to create and preserve 27,533
employment opportunities in the zone and to improve the economic 27,534
628
climate of the municipal corporation or municipal corporations or 27,535
the unincorporated areas in which the zone is located and to 27,536
which the proposal applies, the board, on or before June 30, 1999 27,538
2004, and with the consent of the legislative authority of each 27,540
affected municipal corporation or of the board of township 27,541
trustees may do either of the following: 27,542
(1) Enter into an agreement with the enterprise under 27,544
which the enterprise agrees to establish, expand, renovate, or 27,545
occupy a facility in the zone and hire new employees, or preserve 27,546
employment opportunities for existing employees, in return for 27,547
the following incentives: 27,548
(a) When the facility is located in a municipal 27,550
corporation, the board may enter into an agreement for one or 27,551
more of the incentives provided in division (C) of section 27,552
5709.62 of the Revised Code, subject to division (D) of that 27,553
section;
(b) When the facility is located in an unincorporated 27,555
area, the board may enter into an agreement for one or more of 27,556
the following incentives: 27,557
(i) Exemption for a specified number of years, not to 27,559
exceed ten, of a specified portion, up to sixty per cent, of the 27,561
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 27,563
exemption granted pursuant to this division applies to inventory 27,564
required to be listed pursuant to sections 5711.15 and 5711.16 of 27,565
the Revised Code, except, in the instance of an expansion or 27,566
other situations in which an enterprise was in business at the 27,567
facility prior to the establishment of the zone, the inventory 27,568
which is exempt is that amount or value of inventory in excess of 27,569
the amount or value of inventory required to be listed in the 27,570
personal property tax return of the enterprise in the return for 27,571
the tax year in which the agreement is entered into. 27,572
(ii) Exemption for a specified number of years, not to 27,574
exceed ten, of a specified portion, up to sixty per cent, of the 27,576
629
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 27,577
by the board;
(iii) Provision for a specified number of years, not to 27,579
exceed ten, of any optional services or assistance the board is 27,580
authorized to provide with regard to the project site; 27,581
(iv) The incentive described in division (C)(2) of section 27,583
5709.62 of the Revised Code. 27,584
(2) Enter into an agreement with an enterprise that plans 27,586
to purchase and operate a large manufacturing facility that has 27,587
ceased operation or has announced its intention to cease 27,588
operation, in return for exemption for a specified number of 27,589
years, not to exceed ten, of a specified portion, up to one 27,590
hundred per cent, of tangible personal property used in business 27,591
at the project site as a result of the agreement, or of real 27,592
property constituting the project site, or both. 27,593
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 27,595
this section, the portion of the assessed value of tangible 27,598
personal property or of the increase in the assessed valuation of 27,599
real property exempted from taxation under those divisions may 27,600
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 27,601
which the agreement is in effect does not exceed fifty per cent, 27,602
or if the board of education of the city, local, or exempted 27,603
village school district within the territory of which the 27,604
property is or will be located approves a percentage in excess of 27,605
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 27,606
notice not later than forty-five days prior to approving the 27,608
agreement, excluding Saturdays, Sundays, and legal holidays as 27,610
defined in section 1.14 of the Revised Code. The notice shall 27,612
state the percentage to be exempted, an estimate of the true 27,614
value of the property to be exempted, and the number of years the 27,615
property is to be exempted. The board of education, by 27,616
630
resolution adopted by a majority of the board, shall approve or 27,617
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 27,618
the date stipulated by the board of commissioners as the date 27,619
upon which approval of the agreement is to be formally considered 27,620
by the board of commissioners. The board of education may 27,621
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 27,622
compensate the school district under division (B) of section 27,623
5709.82 of the Revised Code. The board of county commissioners 27,625
may approve the agreement at any time after the board of 27,626
education certifies its resolution approving the agreement to the 27,627
board of county commissioners, or, if the board of education 27,628
approves the agreement conditionally, at any time after the 27,629
conditions are agreed to by the board of education and the board 27,630
of county commissioners.
If a board of education has adopted a resolution waiving 27,632
its right to approve agreements and the resolution remains in 27,634
effect, approval of an agreement by the board of education is not 27,635
required under division (C) of this section. If a board of 27,636
education has adopted a resolution allowing a board of county 27,637
commissioners to deliver the notice required under this division 27,638
fewer than forty-five business days prior to approval of the 27,640
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 27,641
education not later than the number of days prior to such 27,643
approval as prescribed by the board of education in its 27,644
resolution. If a board of education adopts a resolution waiving 27,645
its right to approve agreements or shortening the notification 27,646
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 27,647
education rescinds such a resolution, it shall certify notice of 27,648
the rescission to the board of county commissioners. 27,649
(2) The board of county commissioners shall comply with 27,651
631
section 5709.83 of the Revised Code unless the board of education 27,654
has adopted a resolution under that section waiving its right to 27,655
receive such notice.
(D) This division applies to zones certified by the 27,657
director of development under this section prior to July 22, 27,659
1994.
On or before June 30, 1999 2004, and with the consent of 27,662
the legislative authority of each affected municipal corporation 27,664
or board of township trustees of each affected township, the 27,665
board of commissioners that designated a zone to which this 27,666
division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and 27,667
determines that the enterprise satisfies one of the criteria 27,668
described in divisions (D)(1) to (5) of this section: 27,669
(1) The enterprise currently has no operations in this 27,671
state and, subject to approval of the agreement, intends to 27,672
establish operations in the zone;
(2) The enterprise currently has operations in this state 27,674
and, subject to approval of the agreement, intends to establish 27,675
operations at a new location in the zone that would not result in 27,676
a reduction in the number of employee positions at any of the 27,677
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 27,679
intends to relocate operations, currently located in another 27,680
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 27,682
intends to expand operations at an existing site in the zone that 27,683
the enterprise currently operates; 27,684
(5) The enterprise, subject to approval of the agreement, 27,686
intends to relocate operations, currently located in this state, 27,687
to the zone, and the director of development has issued a waiver 27,688
for the enterprise under division (B) of section 5709.633 of the 27,689
Revised Code.
The agreement shall require the enterprise to agree to 27,691
632
establish, expand, renovate, or occupy a facility in the zone and 27,692
hire new employees, or preserve employment opportunities for 27,693
existing employees, in return for one or more of the incentives 27,694
described in division (B) of this section.
(E) All agreements entered into under this section shall 27,696
be in the form prescribed under section 5709.631 of the Revised 27,697
Code. After an agreement under this section is entered into, if 27,698
the board of county commissioners revokes its designation of the 27,699
zone, or if the director of development revokes the zone's 27,700
certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement. 27,701
(F) Except as otherwise provided in this paragraph, an 27,703
agreement entered into under this section shall require that the 27,704
enterprise pay an annual fee equal to the greater of one per cent 27,705
of the dollar value of incentives offered under the agreement or 27,706
five hundred dollars; provided, however, that if the value of the 27,707
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee 27,708
shall be payable to the board of commissioners once per year for 27,709
each year the agreement is effective on the days and in the form 27,710
specified in the agreement. Fees paid shall be deposited in a 27,711
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 27,712
section 5709.68 of the Revised Code and by the tax incentive 27,713
review council created under section 5709.85 of the Revised Code 27,714
exclusively for the purposes of performing the duties prescribed 27,715
under that section. The board may waive or reduce the amount of 27,716
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 27,717
incentive review council to comply with section 5709.68 or 27,718
5709.85 of the Revised Code, respectively. 27,719
(G) With the approval of the legislative authority of a 27,721
municipal corporation or the board of township trustees of a 27,722
township in which a zone is designated under division (A) of this 27,723
633
section, the board of county commissioners may delegate to that 27,724
legislative authority or board any powers and duties of the board 27,725
to negotiate and administer agreements with regard to that zone
under this section. 27,726
(H) When an agreement is entered into pursuant to this 27,728
section, the legislative authority authorizing the agreement 27,729
shall forward a copy of the agreement to the director of 27,730
development and to the tax commissioner within fifteen days after 27,731
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 27,732
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 27,734
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 27,735
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 27,737
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 27,738
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 27,739
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 27,741
shall file with each personal property tax return required to be 27,742
filed while the agreement is in effect, an informational return, 27,743
on a form prescribed by the tax commissioner for that purpose, 27,744
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 27,745
(J) Enterprises may agree to give preference to residents 27,747
of the zone within which the agreement applies relative to 27,748
residents of this state who do not reside in the zone when hiring 27,749
new employees under the agreement.
(K) An agreement entered into under this section may 27,751
include a provision requiring the enterprise to create one or 27,752
more temporary internship positions for students enrolled in a 27,753
course of study at a school or other educational institution in 27,754
the vicinity, and to create a scholarship or provide another form 27,755
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 27,756
634
enterprise at the completion of the internship. 27,757
Sec. 5709.632. (A)(1) The legislative authority of a 27,766
municipal corporation defined by the United States office of 27,767
budget MANAGEMENT and management BUDGET as a central city of a 27,769
metropolitan statistical area may, in the manner set forth in 27,770
section 5709.62 of the Revised Code, designate one or more areas 27,771
in the municipal corporation as a proposed enterprise zone. 27,772
(2) With the consent of the legislative authority of each 27,774
affected municipal corporation or of a board of township 27,775
trustees, a board of county commissioners may, in the manner set 27,776
forth in section 5709.62 of the Revised Code, designate one or 27,777
more areas in one or more municipal corporations or in 27,778
unincorporated areas of the county as proposed urban jobs and 27,779
enterprise zones, except that a board of county commissioners may 27,780
designate no more than one area within a township, or within 27,781
adjacent townships, as a proposed urban jobs and enterprise zone. 27,782
(3) The legislative authority or board of county 27,784
commissioners may petition the director of development for 27,785
certification of the area as having the characteristics set forth 27,786
in division (A)(3) of section 5709.61 of the Revised Code. 27,787
Within sixty days after receiving such a petition, the director 27,788
shall determine whether the area has the characteristics set 27,789
forth in that division and forward the findings to the 27,790
legislative authority or board of county commissioners. If the 27,791
director certifies the area as having those characteristics and 27,792
thereby certifies it as a zone, the legislative authority or 27,793
board may enter into agreements with enterprises under division 27,794
(B) of this section. Any enterprise wishing to enter into an 27,795
agreement with a legislative authority or board of commissioners 27,796
under this section and satisfying one of the criteria described 27,797
in divisions (B)(1) to (5) of this section shall submit a 27,798
proposal to the legislative authority or board on the form 27,799
prescribed under division (B) of section 5709.62 of the Revised 27,800
Code and shall review and update the estimates and listings 27,801
635
required by the form in the manner required under that division. 27,802
The legislative authority or board may, on a separate form and at 27,803
any time, require any additional information necessary to 27,804
determine whether an enterprise is in compliance with an 27,805
agreement and to collect the information required to be reported 27,806
under section 5709.68 of the Revised Code. 27,807
(B) Prior to entering into an agreement with an 27,809
enterprise, the legislative authority or board of county 27,810
commissioners shall determine whether the enterprise submitting 27,811
the proposal is qualified by financial responsibility and 27,812
business experience to create and preserve employment 27,813
opportunities in the zone and to improve the economic climate of 27,814
the municipal corporation or municipal corporations or the 27,815
unincorporated areas in which the zone is located and to which 27,816
the proposal applies, and whether the enterprise satisfies one of 27,817
the following criteria: 27,818
(1) The enterprise currently has no operations in this 27,820
state and, subject to approval of the agreement, intends to 27,821
establish operations in the zone; 27,822
(2) The enterprise currently has operations in this state 27,824
and, subject to approval of the agreement, intends to establish 27,825
operations at a new location in the zone that would not result in 27,826
a reduction in the number of employee positions at any of the 27,827
enterprise's other locations in this state; 27,828
(3) The enterprise, subject to approval of the agreement, 27,830
intends to relocate operations, currently located in another 27,831
state, to the zone; 27,832
(4) The enterprise, subject to approval of the agreement, 27,834
intends to expand operations at an existing site in the zone that 27,835
the enterprise currently operates; 27,836
(5) The enterprise, subject to approval of the agreement, 27,838
intends to relocate operations, currently located in this state, 27,839
to the zone, and the director of development has issued a waiver 27,840
for the enterprise under division (B) of section 5709.633 of the 27,841
636
Revised Code. 27,842
(C) If the legislative authority or board determines that 27,844
the enterprise is so qualified and satisfies one of the criteria 27,845
described in divisions (B)(1) to (5) of this section, the 27,846
legislative authority or board may, after complying with section 27,847
5709.83 of the Revised Code and on or before June 30, 1999 2004, 27,849
and, in the case of a board of commissioners, with the consent of 27,851
the legislative authority of each affected municipal corporation
or of the board of township trustees: 27,852
(1) Enter, ENTER into an agreement with the enterprise 27,854
under which the enterprise agrees to establish, expand, renovate, 27,856
or occupy a facility in the zone and hire new employees, or 27,857
preserve employment opportunities for existing employees, in 27,858
return for the following incentives: 27,859
(a)(1) When the facility is located in a municipal 27,861
corporation, a legislative authority or board of commissioners 27,862
may enter into an agreement for one or more of the incentives 27,863
provided in division (C) of section 5709.62 of the Revised Code, 27,864
subject to division (D) of that section; 27,865
(b)(2) When the facility is located in an unincorporated 27,867
area, a board of commissioners may enter into an agreement for 27,868
one or more of the incentives provided in divisions (B)(1)(b), 27,869
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 27,870
subject to division (C) of that section. 27,871
(D) All agreements entered into under this section shall 27,873
be in the form prescribed under section 5709.631 of the Revised 27,874
Code. After an agreement under this section is entered into, if 27,875
the legislative authority or board of county commissioners 27,876
revokes its designation of the zone, or if the director of 27,877
development revokes the zone's certification, any entitlements 27,878
granted under the agreement shall continue for the number of 27,879
years specified in the agreement. 27,880
(E) Except as otherwise provided in this division, an 27,882
agreement entered into under this section shall require that the 27,883
637
enterprise pay an annual fee equal to the greater of one per cent 27,884
of the dollar value of incentives offered under the agreement or 27,885
five hundred dollars; provided, however, that if the value of the 27,886
incentives exceeds two hundred fifty thousand dollars, the fee 27,887
shall not exceed two thousand five hundred dollars. The fee 27,888
shall be payable to the legislative authority or board of 27,889
commissioners once per year for each year the agreement is 27,890
effective on the days and in the form specified in the agreement. 27,891
Fees paid shall be deposited in a special fund created for such 27,892
purpose by the legislative authority or board and shall be used 27,893
by the legislative authority or board exclusively for the purpose 27,894
of complying with section 5709.68 of the Revised Code and by the 27,895
tax incentive review council created under section 5709.85 of the 27,896
Revised Code exclusively for the purposes of performing the 27,897
duties prescribed under that section. The legislative authority 27,898
or board may waive or reduce the amount of the fee charged 27,899
against an enterprise, but such waiver or reduction does not 27,900
affect the obligations of the legislative authority or board or 27,901
the tax incentive review council to comply with section 5709.68 27,902
or 5709.85 of the Revised Code, respectively. 27,903
(F) With the approval of the legislative authority of a 27,905
municipal corporation or the board of township trustees of a 27,906
township in which a zone is designated under division (A)(2) of 27,907
this section, the board of county commissioners may delegate to 27,908
that legislative authority or board any powers and duties of the 27,909
board to negotiate and administer agreements with regard to that 27,910
zone under this section. 27,911
(G) When an agreement is entered into pursuant to this 27,913
section, the legislative authority or board of commissioners 27,914
authorizing the agreement shall forward a copy of the agreement 27,915
to the director of development and to the tax commissioner within 27,916
fifteen days after the agreement is entered into. IF ANY 27,918
AGREEMENT INCLUDES TERMS NOT PROVIDED FOR IN SECTION 5709.631 OF
THE REVISED CODE AFFECTING THE REVENUE OF A CITY, LOCAL, OR 27,919
638
EXEMPTED VILLAGE SCHOOL DISTRICT OR CAUSING REVENUE TO BE 27,920
FOREGONE BY THE DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID 27,921
TO THE SCHOOL DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED 27,923
CODE, THOSE TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE 27,924
DIRECTOR OF DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT 27,925
FORWARDED UNDER THIS DIVISION.
(H) After an agreement is entered into, the enterprise 27,927
shall file with each personal property tax return required to be 27,928
filed while the agreement is in effect, an informational return, 27,929
on a form prescribed by the tax commissioner for that purpose, 27,930
setting forth separately the property, and related costs and 27,931
values, exempted from taxation under the agreement. 27,932
(I) An agreement entered into under this section may 27,934
include a provision requiring the enterprise to create one or 27,935
more temporary internship positions for students enrolled in a 27,936
course of study at a school or other educational institution in 27,937
the vicinity, and to create a scholarship or provide another form 27,938
of educational financial assistance for students holding such a 27,939
position in exchange for the student's commitment to work for the 27,940
enterprise at the completion of the internship. 27,941
Sec. 5709.83. (A) Except as otherwise provided in 27,950
division (B) of this section, prior to taking formal action to 27,951
adopt or enter into any instrument granting a tax exemption under 27,953
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63, 27,954
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised 27,955
Code or formally approving an agreement under section 3735.671 of 27,956
the Revised Code, or prior to forwarding an application for a tax 27,957
exemption for residential property under section 3735.67 of the 27,958
Revised Code to the county auditor, the legislative authority of 27,959
the political subdivision or housing officer shall notify the 27,960
board of education of each CITY, LOCAL, EXEMPTED VILLAGE, OR 27,961
JOINT VOCATIONAL school district in which the proposed 27,962
tax-exempted property is located. The notice shall include a 27,963
copy of the instrument or application. The notice shall be 27,964
639
delivered not later than fourteen days prior to the day the 27,965
legislative authority takes formal action to adopt or enter into 27,966
the instrument, or not later than fourteen days prior to the day 27,967
the housing officer forwards the application to the county 27,968
auditor. If the board of education comments on the instrument or 27,969
application to the legislative authority or housing officer, the 27,970
legislative authority or housing officer shall consider the 27,971
comments. If the board of education OF THE CITY, LOCAL, OR 27,972
EXEMPTED VILLAGE SCHOOL DISTRICT so requests, the legislative 27,973
authority or the housing officer shall meet in person with a 27,974
representative designated by the board of education to discuss 27,975
the terms of the instrument or application. 27,976
(B) The notice otherwise required to be provided to boards 27,978
of education under division (A) of this section is not required 27,979
if the board has adopted a resolution waiving its right to 27,980
receive such notices, and that resolution remains in effect. If 27,981
a board of education adopts such a resolution, the board shall 27,982
cause a copy of the resolution to be certified to the legislative 27,983
authority. If the board of education rescinds such a resolution, 27,984
it shall certify notice of the rescission to the legislative
authority. A board of education may adopt such a resolution with 27,985
respect to any one or more counties, townships, or municipal 27,986
corporations situated in whole or in part within the school 27,987
district.
Sec. 5733.05. As used in this section, "qualified 27,996
research" means laboratory research, experimental research, and 27,997
other similar types of research; research in developing or 27,998
improving a product; or research in developing or improving the 27,999
means of producing a product. It does not include market 28,000
research, consumer surveys, efficiency surveys, management 28,001
studies, ordinary testing or inspection of materials or products 28,002
for quality control, historical research, or literary research. 28,003
"Product" as used in this paragraph does not include services or 28,004
intangible property. 28,005
640
The annual report determines the value of the issued and 28,008
outstanding shares of stock of the taxpayer, which under division 28,009
(A) or divisions (B) and (C) of this section is the base or 28,010
measure of the franchise tax liability. Such determination shall 28,011
be made as of the date shown by the report to have been the 28,012
beginning of the corporation's annual accounting period that 28,013
includes the first day of January of the tax year. For the 28,014
purposes of this chapter, the value of the issued and outstanding 28,016
shares of stock of any corporation that is a financial 28,018
institution shall be deemed to be the value as calculated in 28,020
accordance with division (A) of this section. For the purposes 28,022
of this chapter, the value of the issued and outstanding shares 28,023
of stock of any corporation that is not a financial institution 28,024
shall be deemed to be the values as calculated in accordance with 28,025
divisions (B) and (C) of this section. 28,026
(A) The total value, as shown by the books of the 28,028
financial institution, of its capital, surplus, whether earned or 28,030
unearned, undivided profits, and reserves shall be determined as 28,032
prescribed by section 5733.056 of the Revised Code for tax years 28,033
1998 and thereafter. 28,034
(B) The sum of the corporation's net income during the 28,036
corporation's taxable year, allocated or apportioned to this 28,038
state as prescribed in divisions (B)(1) and (2) of this section, 28,040
and subject to sections 5733.052, 5733.053, 5733.057, and 28,041
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 28,043
section 5733.051 of the Revised Code. 28,044
(2) The amount of Ohio apportioned net income from sources 28,046
other than those allocated under section 5733.051 of the Revised 28,047
Code, which shall be determined by multiplying the corporation's 28,048
net income by a fraction. The numerator of the fraction is the 28,050
sum of the following products: the property factor multiplied by 28,053
twenty, the payroll factor multiplied by twenty, and the sales 28,054
factor multiplied by sixty. The denominator of the fraction is 28,056
641
one hundred, provided that the denominator shall be reduced by 28,058
twenty if the property factor has a denominator of zero, by 28,060
twenty if the payroll factor has a denominator of zero, and by 28,061
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 28,063
determined as follows:
(a) The property factor is a fraction the numerator of 28,065
which is the average value of the corporation's real and tangible 28,066
personal property owned or rented, and used in the trade or 28,067
business in this state during the taxable year, and the 28,068
denominator of which is the average value of all the 28,069
corporation's real and tangible personal property owned or 28,070
rented, and used in the trade or business everywhere during such 28,071
year. There shall be excluded from the numerator and denominator 28,072
of the property factor the original cost of all of the following 28,073
property within Ohio: property with respect to which a 28,074
"pollution control facility" certificate has been issued pursuant 28,075
to section 5709.21 of the Revised Code; property with respect to 28,076
which an "industrial water pollution control certificate" has 28,077
been issued pursuant to section 6111.31 of the Revised Code; and 28,078
property used exclusively during the taxable year for qualified 28,079
research. 28,080
(i) Property owned by the corporation is valued at its 28,082
original cost. Property rented by the corporation is valued at 28,083
eight times the net annual rental rate. "Net annual rental rate" 28,084
means the annual rental rate paid by the corporation less any 28,085
annual rental rate received by the corporation from subrentals. 28,086
(ii) The average value of property shall be determined by 28,088
averaging the values at the beginning and the end of the taxable 28,089
year, but the tax commissioner may require the averaging of 28,090
monthly values during the taxable year, if reasonably required to 28,091
reflect properly the average value of the corporation's property. 28,092
(b) The payroll factor is a fraction the numerator of 28,094
which is the total amount paid in this state during the taxable 28,095
642
year by the corporation for compensation, and the denominator of 28,096
which is the total compensation paid everywhere by the 28,097
corporation during such year. There shall be excluded from the 28,098
numerator and the denominator of the payroll factor the total 28,099
compensation paid in this state to employees who are primarily 28,100
engaged in qualified research. 28,101
(i) Compensation means any form of remuneration paid to an 28,103
employee for personal services. 28,104
(ii) Compensation is paid in this state if: (1) the 28,106
recipient's service is performed entirely within this state, (2) 28,107
the recipient's service is performed both within and without this 28,108
state, but the service performed without this state is incidental 28,109
to the recipient's service within this state, (3) some of the 28,110
service is performed within this state and either the base of 28,111
operations, or if there is no base of operations, the place from 28,112
which the service is directed or controlled is within this state, 28,113
or the base of operations or the place from which the service is 28,114
directed or controlled is not in any state in which some part of 28,115
the service is performed, but the recipient's residence is in 28,116
this state. 28,117
(iii) Compensation is paid in this state to any employee 28,119
of a common or contract motor carrier corporation, who performs 28,120
the employee's regularly assigned duties on a motor vehicle in 28,122
more than one state, in the same ratio by which the mileage 28,123
traveled by such employee within the state bears to the total 28,124
mileage traveled by such employee everywhere during the taxable 28,125
year.
(c) The sales factor is a fraction the numerator of which 28,127
is the total sales in this state by the corporation during the 28,128
taxable year, and the denominator of which is the total sales by 28,129
the corporation everywhere during such year. In determining the 28,130
numerator and denominator of the sales factor, receipts from the 28,131
sale or other disposal of a capital asset or an asset described 28,132
in section 1231 of the Internal Revenue Code shall be eliminated. 28,133
643
Also, in determining the numerator and denominator of the sales 28,134
factor, in the case of a reporting corporation owning at least 28,135
eighty per cent of the issued and outstanding common stock of one 28,136
or more public utilities or insurance companies, or owning at 28,137
least twenty-five per cent of the issued and outstanding common 28,138
stock of one or more financial institutions, receipts received by 28,139
the reporting corporation from such utilities, insurance 28,140
companies, and financial institutions shall be eliminated. 28,141
For the purpose of this section and section 5733.03 of the 28,143
Revised Code, sales of tangible personal property are in this 28,144
state where such property is received in this state by the 28,145
purchaser. In the case of delivery of tangible personal property 28,146
by common carrier or by other means of transportation, the place 28,147
at which such property is ultimately received after all 28,148
transportation has been completed shall be considered as the 28,149
place at which such property is received by the purchaser. 28,150
Direct delivery in this state, other than for purposes of 28,151
transportation, to a person or firm designated by a purchaser 28,152
constitutes delivery to the purchaser in this state, and direct 28,153
delivery outside this state to a person or firm designated by a 28,154
purchaser does not constitute delivery to the purchaser in this 28,155
state, regardless of where title passes or other conditions of 28,156
sale. 28,157
Sales, other than sales of tangible personal property, are 28,159
in this state if either: 28,160
(i) The income-producing activity is performed solely in 28,162
this state; 28,163
(ii) The income-producing activity is performed both 28,165
within and without this state and a greater proportion of the 28,166
income-producing activity is performed within this state than in 28,168
any other state, based on costs of performance. 28,169
(d) If the allocation and apportionment provisions of 28,171
division (B) of this section do not fairly represent the extent 28,173
of the taxpayer's business activity in this state, the taxpayer 28,174
644
may request, which request must be in writing and must accompany 28,175
the report, timely filed petition for reassessment, or timely 28,176
filed amended report, or the tax commissioner may require, in 28,177
respect to all or any part of the taxpayer's allocated or 28,178
apportioned base, if reasonable, any one or more of the 28,179
following:
(i) Separate accounting; 28,181
(ii) The exclusion of any one or more of the factors; 28,183
(iii) The inclusion of one or more additional factors 28,185
which will fairly represent the taxpayer's allocated or 28,186
apportioned base in this state. 28,187
An alternative method will be effective only with approval 28,189
by the tax commissioner. 28,190
Nothing in this section shall be construed to extend any 28,192
statute of limitations set forth in this chapter. 28,193
(C)(1) Subject to divisions (C)(2) and (3) of this 28,196
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 28,197
book value of a corporation's assets less the net carrying value 28,199
of its liabilities, AND EXCLUDING FROM THE CORPORATION'S ASSETS 28,200
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS OF THE FIRST 28,201
MONDAY OF JUNE IN THE CORPORATION'S TAXABLE YEAR AS DETERMINED BY 28,202
THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE LAND IS LOCATED
PURSUANT TO SECTION 5713.31 OF THE REVISED CODE. For the 28,203
purposes of determining that total value, any reserves shown on 28,204
the corporation's books shall be considered liabilities or contra 28,205
assets except for any reserves that are deemed appropriations of 28,206
retained earnings under generally accepted accounting principles. 28,207
(2)(a) If, on the last day of the taxpayer's taxable year 28,210
preceding the tax year, the taxpayer is a related member to a 28,211
corporation that elects to be a qualifying holding company for 28,212
the tax year beginning after the last day of the taxpayer's 28,213
taxable year, or if, on the last day of the taxpayer's taxable 28,214
year preceding the tax year, a corporation that elects to be a 28,215
645
qualifying holding company for the tax year beginning after the 28,216
last day of the taxpayer's taxable year is a related member to 28,217
the taxpayer, then the taxpayer's total value shall be adjusted 28,218
by the qualifying amount. Except as otherwise provided under 28,219
division (C)(2)(b) of this section, "qualifying amount" means the 28,220
amount that, when added to the taxpayer's total value, and when 28,222
subtracted from the net carrying value of the taxpayer's 28,223
liabilities computed without regard to division (C)(2) of this 28,225
section, or when subtracted from the taxpayer's total value and 28,227
when added to the net carrying value of the taxpayer's 28,228
liabilities computed without regard to division (C)(2) of this 28,230
section, results in the taxpayer's debt-to-equity ratio equaling 28,231
the debt-to-equity ratio of the qualifying controlled group on 28,232
the last day of the taxable year ending prior to the first day of 28,233
the tax year computed on a consolidated basis in accordance with 28,235
general accepted accounting principles. For the purposes of 28,236
division (C)(2)(a) of this section, the corporation's total 28,237
value, after the adjustment required by that division, shall not 28,238
exceed the net book value of the corporation's assets. 28,239
(b)(i) The amount added to the taxpayer's total value and 28,242
subtracted from the net carrying value of the taxpayer's 28,243
liabilities shall not exceed the amount of the net carrying value 28,244
of the taxpayer's liabilities owed to the taxpayer's related 28,246
members.
(ii) A liability owed to the taxpayer's related members 28,248
includes, but is not limited to, any amount that the corporation 28,250
owes to a person that is not a related member if the 28,251
corporation's related member or related members in whole or in 28,252
part guarantee any portion or all of that amount, or pledge, 28,253
hypothecate, mortgage, or carry out any similar transactions to 28,254
secure any portion or all of that amount. 28,255
(3) The base upon which the tax is levied under division 28,257
(C) of section 5733.06 of the Revised Code shall be computed by 28,259
multiplying the amount determined under divisions (C)(1) and (2) 28,261
646
of this section by the fraction determined under divisions 28,262
(B)(2)(a) to (c) of this section and, if applicable, divisions 28,265
(B)(2)(d)(ii) to (iv) of this section but without regard to 28,267
section 5733.052 of the Revised Code. 28,268
(4) For purposes of division (C) of this section, "related 28,272
member" has the same meaning as in division (A)(6) of section 28,273
5733.042 of the Revised Code without regard to division (B) of 28,274
that section.
Sec. 5733.33. (A) As used in this section: 28,283
(1) "Manufacturing machinery and equipment" means engines 28,285
and machinery, and tools and implements, of every kind used, or 28,286
designed to be used, in refining and manufacturing. 28,287
(2) "New manufacturing machinery and equipment" means 28,289
manufacturing machinery and equipment, the original use in this 28,290
state of which commences with the taxpayer or with a partnership 28,291
of which the taxpayer is a partner. 28,292
(3)(a) "Purchase" has the same meaning as in section 28,294
179(d)(2) of the Internal Revenue Code. 28,295
(b) Any purchase, for FOR purposes of this section, ANY 28,297
PROPERTY THAT IS NOT MANUFACTURED OR ASSEMBLED PRIMARILY BY THE 28,298
TAXPAYER is considered to occur PURCHASED at the time the 28,300
agreement to acquire the property to be purchased becomes 28,302
binding. ANY PROPERTY THAT IS MANUFACTURED OR ASSEMBLED 28,303
PRIMARILY BY THE TAXPAYER IS CONSIDERED PURCHASED AT THE TIME THE 28,304
TAXPAYER PLACES THE PROPERTY IN SERVICE IN THE COUNTY FOR WHICH
THE TAXPAYER WILL CALCULATE THE COUNTY EXCESS AMOUNT. 28,305
(c) Notwithstanding section 179(d) of the Internal Revenue 28,307
Code, a taxpayer's direct or indirect acquisition of new 28,308
manufacturing machinery and equipment is not purchased on or 28,309
after July 1, 1995, if the taxpayer, or a person whose 28,310
relationship to the taxpayer is described in subparagraphs (A), 28,311
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 28,312
had directly or indirectly entered into a binding agreement to 28,313
acquire the property at any time prior to July 1, 1995. 28,314
647
(4) "Qualifying period" means the period that begins July 28,316
1, 1995, and ends December 31, 2000 2005. 28,317
(5) "County average new manufacturing machinery and 28,319
equipment investment" means either of the following: 28,320
(a) The average annual cost of new manufacturing machinery 28,323
and equipment purchased for use in the county during baseline 28,324
years, in the case of a taxpayer or partnership that was in 28,325
existence for more than one year during baseline years. 28,326
(b) Zero, in the case of a taxpayer or partnership that 28,328
was not in existence for more than one year during baseline 28,329
years. 28,330
(6) "Partnership" includes a limited liability company 28,333
formed under Chapter 1705. of the Revised Code or under the laws 28,335
of any other state, provided that the company is not classified 28,336
for federal income tax purposes as an association taxable as a 28,337
corporation. 28,338
(7) "Partner" includes a member of a limited liability 28,340
company formed under Chapter 1705. of the Revised Code or under 28,342
the laws of any other state, provided that the company is not 28,343
classified for federal income tax purposes as an association 28,344
taxable as a corporation. 28,345
(8) "Distressed area" means either a municipal corporation 28,347
that has a population of at least fifty thousand or a county that 28,349
meets two of the following criteria of economic distress, or a 28,350
municipal corporation the majority of the population of which is 28,351
situated in such a county:
(a) Its average rate of unemployment, during the most 28,354
recent five-year period for which data are available, is equal to 28,355
at least one hundred twenty-five per cent of the average rate of 28,356
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 28,359
per cent of the median county per capita income of the United 28,360
States as determined by the most recently available figures from 28,361
the United States census bureau; 28,362
648
(c)(i) In the case of a municipal corporation, at least 28,365
twenty per cent of the residents have a total income for the most 28,366
recent census year that is below the official poverty line; 28,367
(ii) In the case of a county, in intercensal years, the 28,370
county has a ratio of transfer payment income to total county 28,371
income equal to or greater than twenty-five per cent. 28,372
(9) "Eligible area" means a distressed area, a labor 28,374
surplus area, an inner city area, or a situational distress area. 28,376
(10) "Inner city area" means, in a municipal corporation 28,378
that has a population of at least one hundred thousand and does 28,379
not meet the criteria of a labor surplus area or a distressed 28,380
area, targeted investment areas established by the municipal 28,381
corporation within its boundaries that are comprised of the most 28,382
recent census block tracts that individually have at least twenty 28,383
per cent of their population at or below the state poverty level 28,384
or other census block tracts contiguous to such census block 28,385
tracts.
(11) "Labor surplus area" means an area designated as a 28,387
labor surplus area by the United States department of labor. 28,389
(12) "Official poverty line" has the same meaning as in 28,391
division (A) of section 3923.51 of the Revised Code. 28,392
(13) "Situational distress area" means a county or a 28,394
municipal corporation that has experienced or is experiencing a 28,395
closing or downsizing of a major employer, that will adversely 28,396
affect the county's or municipal corporation's economy. In order 28,398
to be designated as a situational distress area for a period not 28,399
to exceed thirty-six months, the county or municipal corporation 28,400
may petition the director of development. The petition shall 28,401
include written documentation that demonstrates all of the 28,402
following adverse effects on the local economy: 28,403
(a) The number of jobs lost by the closing or downsizing; 28,405
(b) The impact that the job loss has on the county's or 28,408
municipal corporation's unemployment rate as measured by the Ohio 28,409
bureau of employment services; 28,410
649
(c) The annual payroll associated with the job loss; 28,412
(d) The amount of state and local taxes associated with 28,414
the job loss;
(e) The impact that the closing or downsizing has on the 28,416
suppliers located in the county or municipal corporation. 28,417
(14) "Cost" has the same meaning and limitation as in 28,419
section 179(d)(3) of the Internal Revenue Code. 28,420
(15) "Baseline years" means: 28,422
(a) Calendar years 1992, 1993, and 1994, with regard to a 28,424
credit claimed for the purchase during calendar year 1995, 1996, 28,425
1997, or 1998 of new manufacturing machinery and equipment; 28,426
(b) Calendar years 1993, 1994, and 1995, with regard to a 28,428
credit claimed for the purchase during calendar year 1999 of new 28,429
manufacturing machinery and equipment; 28,430
(c) Calendar years 1994, 1995, and 1996, with regard to a 28,432
credit claimed for the purchase during calendar year 2000 of new 28,433
manufacturing machinery and equipment; 28,434
(d) CALENDAR YEARS 1995, 1996, AND 1997, WITH REGARD TO A 28,436
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2001 OF NEW 28,437
MANUFACTURING MACHINERY AND EQUIPMENT; 28,438
(e) CALENDAR YEARS 1996, 1997, AND 1998, WITH REGARD TO A 28,440
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2002 OF NEW 28,441
MANUFACTURING MACHINERY AND EQUIPMENT; 28,442
(f) CALENDAR YEARS 1997, 1998, AND 1999, WITH REGARD TO A 28,444
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2003 OF NEW 28,445
MANUFACTURING MACHINERY AND EQUIPMENT; 28,446
(g) CALENDAR YEARS 1998, 1999, AND 2000, WITH REGARD TO A 28,448
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2004 OF NEW 28,449
MANUFACTURING MACHINERY AND EQUIPMENT; 28,450
(h) CALENDAR YEARS 1999, 2000, AND 2001, WITH REGARD TO A 28,452
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2005 OF NEW 28,453
MANUFACTURING MACHINERY AND EQUIPMENT; 28,454
(16) "RELATED MEMBER" HAS THE SAME MEANING AS IN SECTION 28,456
5733.042 OF THE REVISED CODE.
650
(B)(1) A SUBJECT TO DIVISION (I) OF THIS SECTION, A 28,458
nonrefundable credit is allowed against the tax imposed by 28,460
section 5733.06 of the Revised Code for a taxpayer that purchases 28,461
new manufacturing machinery and equipment during the qualifying 28,462
period, provided that the new manufacturing machinery and 28,463
equipment are installed in this state no later than December 31, 28,465
2001 2006.
(2) The credit is also available to a taxpayer that is a 28,467
partner in a partnership that purchases new manufacturing 28,468
machinery and equipment during the qualifying period, provided 28,469
that the partnership installs the new manufacturing machinery and 28,470
equipment in this state no later than December 31, 2001 2006. 28,471
The taxpayer shall determine the credit amount as provided in 28,473
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 28,475
of this section, a credit may be claimed under this section in 28,476
excess of one million dollars only if the cost of all 28,477
manufacturing machinery and equipment owned in this state by the 28,478
taxpayer claiming the credit on the last day of the calendar year 28,479
exceeds the cost of all manufacturing machinery and equipment 28,480
owned in this state by the taxpayer on the first day of that 28,481
calendar year.
As used in division (B)(3)(a) of this section, "calendar 28,484
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 28,485
(b) Division (B)(3)(a) of this section does not apply if 28,488
the taxpayer claiming the credit applies for and is issued a 28,489
waiver of the requirement of that division. A taxpayer may apply 28,490
to the director of the department of development for such a 28,491
waiver in the manner prescribed by the director, and the director 28,492
may issue such a waiver if the director determines that granting 28,493
the credit is necessary to increase or retain employees in this 28,495
state, and that the credit has not caused relocation of 28,496
manufacturing machinery and equipment among counties within this 28,497
651
state for the primary purpose of qualifying for the credit. 28,498
(C)(1) Except as otherwise provided in division (C)(2) AND 28,501
DIVISION (I) of this section, the credit amount is equal to seven 28,502
and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 28,504
calendar year for use in a county over the county average new 28,505
manufacturing machinery and equipment investment for that county. 28,506
(2) As SUBJECT TO DIVISION (I) OF THIS SECTION, AS used in 28,509
division (C)(2) of this section, "county excess" means the 28,510
taxpayer's excess cost for a county as computed under division 28,511
(C)(1) of this section.
For SUBJECT TO DIVISION (I) OF THIS SECTION, a taxpayer 28,514
with a county excess, whose purchases included purchases for use 28,515
in any eligible area in the county, the credit amount is equal to 28,516
thirteen and one-half per cent of the cost of the new 28,517
manufacturing machinery and equipment purchased during the 28,518
calendar year for use in the eligible areas in the county, 28,519
provided that the cost subject to the thirteen and one-half per 28,520
cent rate shall not exceed the county excess. If the county 28,521
excess is greater than the cost of the new manufacturing 28,522
machinery and equipment purchased during the calendar year for 28,524
use in eligible areas in the county, the credit amount also shall 28,525
include an amount equal to seven and one-half per cent of the 28,526
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 28,528
manufacturing machinery and equipment in more than one county or 28,529
eligible area, it shall aggregate the amount of those credits 28,530
each year.
(4) The taxpayer shall claim one-seventh of the credit 28,532
amount for the tax year immediately following the calendar year 28,533
in which the new manufacturing machinery and equipment is 28,534
purchased for use in the county by the taxpayer or partnership. 28,536
One-seventh of the taxpayer credit amount is allowed for each of 28,537
the six ensuing tax years. Except for carried-forward amounts, 28,538
652
the taxpayer is not allowed any credit amount remaining if the 28,539
new manufacturing machinery and equipment is sold by the taxpayer 28,541
or partnership or is transferred by the taxpayer or partnership 28,542
out of the county before the end of the seven-year period. 28,543
(5)(a) A taxpayer that acquires manufacturing machinery 28,545
and equipment as a result of a merger with the taxpayer with whom 28,547
commenced the original use in this state of the manufacturing 28,548
machinery and equipment, or with a taxpayer that was a partner in 28,549
a partnership with whom commenced the original use in this state 28,550
of the manufacturing machinery and equipment, is entitled to any 28,551
remaining or carried-forward credit amounts to which the taxpayer 28,552
was entitled.
(b) A taxpayer that enters into an agreement under 28,554
division (C)(3) of section 5709.62 of the Revised Code and that 28,555
acquires manufacturing machinery or equipment as a result of 28,557
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 28,558
commenced the original use in this state of the manufacturing 28,560
machinery or equipment, and that operates the large manufacturing 28,561
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 28,562
sold the facility would have been entitled under this section had 28,564
the other taxpayer not sold the manufacturing facility or 28,565
equipment.
(c) New manufacturing machinery and equipment is not 28,568
considered sold if a pass-through entity transfers to another 28,569
pass-through entity substantially all of its assets as part of a 28,570
plan of reorganization under which substantially all gain and 28,571
loss is not recognized by the pass-through entity that is 28,572
transferring the new manufacturing machinery and equipment to the 28,573
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 28,574
in part, by reference to the basis of the pass-through entity 28,575
which transferred the new manufacturing machinery and equipment 28,576
653
to the transferee. 28,577
(d) Division (C)(5) of this section shall apply only if 28,579
the acquiring taxpayer or transferee does not sell the new 28,581
manufacturing machinery and equipment or transfer the new 28,582
manufacturing machinery and equipment out of the county before 28,583
the end of the seven-year period to which division (C)(4) of this 28,584
section refers.
(e) Division (C)(5)(b) of this section applies only to the 28,587
extent that the taxpayer that sold the manufacturing machinery or 28,588
equipment, upon request, timely provides to the tax commissioner 28,589
any information that the tax commissioner considers to be 28,590
necessary to ascertain any remaining or carried-forward amounts 28,591
to which the taxpayer that sold the facility would have been 28,592
entitled under this section had the taxpayer not sold the 28,593
manufacturing machinery or equipment. Nothing in division 28,594
(C)(5)(b) or (e) of this section shall be construed to allow a 28,596
taxpayer to claim any credit amount with respect to the acquired 28,597
manufacturing machinery or equipment that is greater than the 28,598
amount that would have been available to the other taxpayer that 28,599
sold the manufacturing machinery or equipment had the other 28,600
taxpayer not sold the manufacturing machinery or equipment. 28,601
(D) The taxpayer shall claim the credit in the order 28,604
required under section 5733.98 of the Revised Code. Each year, 28,605
any credit amount in excess of the tax due under section 5733.06 28,606
of the Revised Code after allowing for any other credits that 28,608
precede the credit under this section in that order may be 28,609
carried forward for three tax years. 28,610
(E) A taxpayer purchasing new manufacturing machinery and 28,613
equipment and intending to claim the credit shall file, with the 28,614
department of development, a notice of intent to claim the credit 28,615
on a form prescribed by the department of development. The 28,616
department of development shall inform the tax commissioner of 28,617
the notice of intent to claim the credit. 28,618
(F) The director of development shall annually certify, by 28,621
654
the first day of January of each year during the qualifying 28,622
period, the eligible areas for the tax credit for the calendar 28,623
year that includes that first day of January. The director shall 28,624
send a copy of the certification to the tax commissioner. 28,625
(G) New manufacturing machinery and equipment for which a 28,627
taxpayer claims the credit under section 5733.31, 5733.311, 28,629
5747.26, or 5747.261 of the Revised Code shall not be considered 28,631
new manufacturing machinery and equipment for purposes of the 28,632
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 28,634
partnership, the county average new manufacturing machinery and 28,635
equipment investment shall be determined based on the number of 28,636
years, if any, the partnership was in existence during baseline 28,637
years. In determining the county average new manufacturing 28,638
machinery and equipment investment, the excess of the cost of new 28,639
manufacturing machinery and equipment purchased during the 28,640
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 28,641
taxpayer's distributive PROPORTIONATE share of the cost of new 28,642
manufacturing machinery and equipment purchased by a partnership 28,644
in which the corporation had a direct or indirect investment 28,645
during the calendar year prior to the first day of a tax year for 28,646
which the taxpayer is claiming the credit. These determinations 28,647
and calculations shall be made for the taxpayer's calendar year 28,648
during which the partnership made the purchase. 28,649
(2) Nothing in this section shall be construed to limit or 28,651
disallow pass-through treatment of a pass-through entity's 28,652
income, deductions, credits, or other amounts necessary to 28,653
compute the tax imposed by section 5733.06 of the Revised Code 28,654
and the credits allowed by this chapter. 28,655
(I) IN THE CASE OF A TAXPAYER HAVING A RELATED MEMBER OR A 28,657
GROUP OF TAXPAYERS HAVING A RELATED MEMBER, THE CREDIT AVAILABLE 28,658
UNDER THIS SECTION TO THE TAXPAYER OR GROUP OF TAXPAYERS SHALL BE 28,659
COMPUTED AS IF THE TAXPAYER OR ALL TAXPAYERS OF THE GROUP AND ALL 28,660
655
SUCH RELATED MEMBERS WERE A CONSOLIDATED, SINGLE TAXPAYER. THE 28,661
CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYER OR TO SUCH GROUP OF 28,662
TAXPAYERS IN ANY AMOUNT ELECTED FOR THE TAXABLE YEAR BY THE
TAXPAYER OR GROUP. SUCH ELECTION SHALL BE REVOCABLE AND 28,663
AMENDABLE DURING THE PERIOD DESCRIBED IN DIVISION (B) OF SECTION 28,664
5733.12 OF THE REVISED CODE WITH RESPECT TO THE TAX IMPOSED BY 28,665
SECTION 5733.06 OF THE REVISED CODE AND THE PERIOD DESCRIBED IN
DIVISION (B) OF SECTION 5747.11 OF THE REVISED CODE WITH RESPECT 28,666
TO THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 28,667
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO TREAT AS A PURCHASE 28,668
THE ACQUISITION OF NEW MANUFACTURING MACHINERY AND EQUIPMENT IF
SUCH PURCHASE WOULD NOT QUALIFY AS A PURCHASE OF NEW 28,670
MANUFACTURING MACHINERY AND EQUIPMENT WITHOUT REGARD TO THE
CONSOLIDATION REQUIREMENT SET FORTH IN THIS SECTION. 28,671
Sec. 5739.31. (A)(1) No person shall engage in the 28,680
business of selling at retail or sell at retail incidental to any 28,681
other regularly conducted business without having a license 28,682
therefor, as required by sections 5739.01 to 5739.31 of the 28,683
Revised Code. 28,684
(2) No person shall engage in the business of selling at 28,686
retail as a transient vendor, as defined in division (B) of 28,687
section 5739.17 of the Revised Code, without first having 28,688
obtained a license as required by that section. 28,689
(3) No person shall engage in the business of selling at 28,691
retail as a limited vendor as defined in division (B) of section 28,692
5739.17 of the Revised Code, without first having a license as 28,693
required by that section. 28,694
(B) No person shall continue to engage in the business of 28,696
selling at retail or sell at retail incidental to any other 28,697
regularly conducted business after the license issued to that 28,698
person pursuant to section 5739.17 of the Revised Code has been 28,699
revoked under section 5739.19 of the Revised Code or while the 28,700
license is suspended by the tax commissioner under division 28,701
(B)(2) of section 5739.30 of the Revised Code, nor shall any 28,702
656
person obtain a new license from the county auditor OR THE TAX 28,703
COMMISSIONER while such revocation or suspension is in effect. 28,705
If a corporation's license has been revoked or suspended, none of 28,706
its officers, or employees having control or supervision of or 28,707
charged with the responsibility of filing returns and making 28,708
payments of tax due, shall obtain a license from the county 28,709
auditor OR THE TAX COMMISSIONER during the period of such 28,711
revocation or suspension.
Sec. 5743.08. Whenever the tax commissioner discovers any 28,720
cigarettes, subject to the taxes levied under section 5743.02, 28,721
5743.023, 5743.024, or 5743.026 of the Revised Code, and upon 28,723
which the taxes have not been paid, the commissioner may seize 28,724
and take possession of such cigarettes, which shall thereupon be 28,725
forfeited to the state, and the commissioner may within a 28,726
reasonable time thereafter, by a notice posted upon the premises 28,727
where such seizure is made, or by publication in some newspaper 28,728
having circulation in the county in which such seizure is made, 28,729
at least five days before the day of the sale, sell such THE 28,730
forfeited cigarettes, and from. FROM the proceeds of such THE 28,733
sale, THE TAX COMMISSIONER shall collect the taxes due thereon, 28,735
together with a penalty of one hundred per cent and PAY the costs 28,736
incurred in such proceedings, and pay the balance to the person 28,737
in whose possession such forfeited cigarettes were found ANY 28,738
PROCEEDS REMAINING AFTER THE COSTS ARE PAID SHALL BE CONSIDERED 28,739
AS REVENUE ARISING FROM THE TAX; provided that such THE seizure 28,741
and sale shall not be deemed to relieve any person from the fine 28,742
or imprisonment provided for violation of sections 5743.01 to 28,743
5743.20 of the Revised Code. Such THE sale shall be made in the 28,744
county where it is most convenient and economical. Except to the 28,746
extent that any county or convention facilities authority tax was 28,747
owed on such cigarettes, money collected under this section shall 28,749
be paid into the state treasury. If any county or convention 28,750
facilities authority tax was owed on such cigarettes, an amount 28,751
equal to the amount of the county or convention facilities 28,752
657
authority tax owed shall be paid to the county or convention 28,753
facilities authority levying the tax. The tax commissioner may 28,754
order the destruction of the forfeited cigarettes if the quantity 28,755
OR QUALITY of THE cigarettes is not sufficient to warrant their 28,757
sale.
Sec. 5743.14. (A) THE TAX COMMISSIONER MAY INSPECT ANY 28,766
PLACE WHERE CIGARETTES SUBJECT TO THE TAX LEVIED UNDER SECTION 28,767
5743.02, 5743.023, 5743.024, OR 5743.026 OF THE REVISED CODE ARE 28,768
SOLD OR STORED.
(B) No person shall prevent or hinder the tax commissioner 28,770
from making a full inspection of any place where cigarettes 28,771
subject to the tax levied under section 5743.02, 5743.023, 28,772
5743.024, or 5743.026 of the Revised Code are sold or stored, or 28,774
prevent or hinder the full inspection of invoices, books,
records, or papers required to be kept by sections 5743.01 to 28,775
5743.20 of the Revised Code. 28,776
Sec. 5743.55. Whenever the tax commissioner discovers any 28,785
tobacco products, subject to the tax levied under section 28,786
5743.51, 5743.62, or 5743.63 of the Revised Code, and upon which 28,787
the tax has not been paid or the commissioner has reason to 28,788
believe the tax is being avoided, the commissioner may seize and 28,789
take possession of the tobacco products, which, upon seizure, 28,790
shall be forfeited to the state. Within a reasonable time after 28,791
seizure, the commissioner may sell the forfeited tobacco 28,793
products, by a notice posted upon the premises where the seizure
is made or by publication in a newspaper of general circulation 28,794
in the county in which this seizure is made at least five days 28,795
before the day of the sale. The. FROM THE proceeds from OF this 28,797
sale, THE TAX COMMISSIONER SHALL PAY THE COSTS INCURRED IN THE 28,798
SEIZURE AND SALE, AND ANY PROCEEDS REMAINING AFTER THE SALE shall 28,799
be considered as revenue arising from the tax. The seizure and 28,800
sale shall not relieve any person from the fine or imprisonment 28,801
provided for violation of sections 5743.51 to 5743.66 of the 28,802
Revised Code. The commissioner shall make the sale in the county 28,803
658
where it is most convenient and economical, but may order the 28,804
destruction of the forfeited tobacco products if the quantity or 28,805
quality of tobacco products is not sufficient to warrant their 28,806
sale. 28,807
Sec. 5743.59. (A) No retail dealer of tobacco products 28,816
shall have in his THE RETAIL DEALER'S possession tobacco products 28,818
on which the tax imposed by section 5743.51 of the Revised Code 28,819
has not been paid, unless the retail dealer is licensed under
section 5743.61 of the Revised Code. Payment may be evidenced by 28,820
invoices from distributors stating the tax has been paid. 28,822
(B) THE TAX COMMISSIONER MAY INSPECT ANY PLACE WHERE 28,824
TOBACCO PRODUCTS SUBJECT TO THE TAX LEVIED UNDER SECTION 5743.51 28,825
OF THE REVISED CODE ARE SOLD OR STORED.
(C) No person shall prevent or hinder the tax commissioner 28,827
from making a full inspection of any place where tobacco products 28,829
subject to the tax imposed by section 5743.51 of the Revised Code 28,830
are sold or stored, or prevent or hinder the full inspection of 28,831
invoices, books, or records required to be kept by section 28,832
5743.54 of the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10, 28,841
5743.11, 5743.12, or division (C) of section 5743.54 of the 28,842
Revised Code is guilty of a misdemeanor of the first degree. If 28,843
the offender has been previously convicted of an offense under 28,844
this division, violation is a felony of the fourth degree. 28,845
(B) Whoever violates section 5743.111, 5743.112, 5743.13, 28,847
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a 28,848
felony of the fourth degree. If the offender has been previously 28,850
convicted of an offense under this division, violation is a 28,851
felony of the second degree. 28,852
(C) Whoever violates section 5743.41 or 5743.42 of the 28,854
Revised Code is guilty of a misdemeanor of the fourth degree. If 28,855
the offender has been previously convicted of an offense under 28,856
this division, violation is a misdemeanor of the third degree. 28,857
(D) Whoever violates any provision of this chapter, or any 28,859
659
rule promulgated by the tax commissioner under authority of this 28,860
chapter, for the violation of which no penalty is provided 28,861
elsewhere, is guilty of a misdemeanor of the fourth degree. 28,862
(E) In addition to any other penalty imposed upon a person 28,864
convicted of a violation of section 5743.112 or 5743.60 of the 28,865
Revised Code who was the operator of a motor vehicle used in the 28,866
violation, the registrar of motor vehicles shall suspend any 28,867
driver's or commercial driver's license issued to the offender 28,868
pursuant to the order and determination of the trial judge of any 28,869
court of record as provided in section 4507.16 of the Revised 28,870
Code. 28,871
Sec. 5747.11. (A) The tax commissioner shall refund to 28,880
employers, qualifying entities, or taxpayers, with respect to any 28,882
tax imposed under section 5733.41, 5747.02, or 5747.41, or 28,883
Chapter 5748. of the Revised Code: 28,884
(1) Overpayments of more than one dollar; 28,886
(2) Amounts in excess of one dollar paid illegally or 28,888
erroneously; 28,889
(3) Amounts in excess of one dollar paid on an illegal, 28,891
erroneous, or excessive assessment. 28,892
(B) Except as otherwise provided under divisions (D) and 28,894
(E) of this section, applications for refund shall be filed with 28,895
the tax commissioner, on the form prescribed by the commissioner, 28,896
within four years from the date of the illegal, erroneous, or 28,897
excessive payment of the tax, or within any additional period 28,898
allowed by division (B)(3)(b) of section 5747.05, division (B) of 28,899
section 5747.10, division (A) of section 5747.13, or division (C) 28,900
of section 5747.45 of the Revised Code. 28,901
On filing of the refund application, the commissioner shall 28,903
determine the amount of refund due and certify such amount to the 28,904
director of budget and management and treasurer of state for 28,905
payment from the tax refund fund created by section 5703.052 of 28,906
the Revised Code. PAYMENT SHALL BE MADE AS PROVIDED IN DIVISION 28,907
(C) OF SECTION 117.45 OF THE REVISED CODE. 28,908
660
(C)(1) Interest shall be allowed and paid upon any illegal 28,910
or erroneous assessment in excess of one dollar in respect of the 28,911
tax imposed under section 5747.02 or Chapter 5748. of the Revised 28,913
Code at the rate per annum prescribed by section 5703.47 of the 28,914
Revised Code from the date of the payment of the illegal or 28,915
erroneous assessment until the date the refund of such amount is 28,916
paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an 28,917
employer or taxpayer, rather than from an assessment by the 28,918
commissioner, such interest shall run from a period ninety days 28,919
after the final filing date of the annual return until the date 28,920
the refund is paid. 28,921
(2) Interest shall be allowed and paid at the rate per 28,923
annum prescribed by section 5703.47 of the Revised Code upon any 28,924
overpayment in excess of one dollar in respect of the tax imposed 28,925
under section 5747.02 or Chapter 5748. of the Revised Code from 28,926
the date of the overpayment until the date of the refund of the 28,927
overpayment, except that if any overpayment is refunded within 28,928
ninety days after the final filing date of the annual return or 28,929
ninety days after the return is filed, whichever is later, no 28,930
interest shall be allowed on such overpayment. If the 28,931
overpayment results from the carryback of a net operating loss or 28,932
net capital loss to a previous taxable year, the overpayment is 28,933
deemed not to have been made prior to the filing date, including 28,934
any extension thereof, for the taxable year in which the net 28,935
operating loss or net capital loss arises. For purposes of the 28,936
payment of interest on overpayments, no amount of tax, for any 28,937
taxable year, shall be treated as having been paid before the 28,938
date on which the tax return for that year was due without regard 28,939
to any extension of time for filing such return. 28,940
(3) Interest shall be allowed at the rate per annum 28,942
prescribed by section 5703.47 of the Revised Code on amounts 28,943
refunded with respect to the taxes imposed under sections 5733.41 28,945
and 5747.41 of the Revised Code. The interest shall run from
661
whichever of the following days is the latest until the day the 28,947
refund is paid: the day the illegal, erroneous, or excessive 28,948
payment was made; the ninetieth day after the final day the 28,949
annual report was required to be filed under section 5747.42 of 28,950
the Revised Code; or the ninetieth day after the day that report 28,951
was filed.
(D) "Ninety days" shall be substituted for "four years" in 28,953
division (B) of this section if the taxpayer satisfies both of 28,954
the following conditions:
(1) The taxpayer has applied for a refund based in whole 28,956
or in part upon section 5747.059 of the Revised Code; 28,957
(2) The taxpayer asserts that either the imposition or 28,959
collection of the tax imposed or charged by this chapter or any 28,960
portion of such tax violates the Constitution of the United 28,961
States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all 28,963
of the following conditions are satisfied: 28,964
(a) A qualifying entity pays an amount of the tax imposed 28,966
by section 5733.41 or 5747.41 of the Revised Code; 28,967
(b) The taxpayer is a qualifying investor as to that 28,969
qualifying entity;
(c) The taxpayer did not claim the credit provided for in 28,971
section 5747.059 of the Revised Code as to the tax described in 28,972
division (E)(1)(a) of this section; 28,973
(d) The four-year period described in division (B) of this 28,975
section has ended as to the taxable year for which the taxpayer 28,976
otherwise would have claimed that credit. 28,977
(2) A taxpayer shall file an application for refund 28,979
pursuant to division (E) of this section within one year after 28,980
the date the payment described in division (E)(1)(a) of this 28,981
section is made. An application filed under division (E)(2) of 28,982
this section shall claim refund only of overpayments resulting 28,983
from the taxpayer's failure to claim the credit described in
division (E)(1)(c) of this section. Nothing in division (E) of 28,984
662
this section shall be construed to relieve a taxpayer from 28,985
complying with division (A)(16) of section 5747.01 of the Revised 28,986
Code.
Sec. 5749.02. (A) For the purpose of providing revenue to 28,995
administer the state's coal mining and reclamation regulatory 28,996
program, to meet the environmental and resource management needs 28,997
of this state, and to reclaim land affected by mining, an excise 28,998
tax is hereby levied on the privilege of engaging in the 28,999
severance of natural resources from the soil or water of this 29,000
state. The tax shall be imposed upon the severer and shall be: 29,001
(1) Seven cents per ton of coal; 29,003
(2) Four cents per ton of salt; 29,005
(3) Two cents per ton of limestone or dolomite; 29,007
(4) Two cents per ton of sand and gravel; 29,009
(5) Ten cents per barrel of oil; 29,011
(6) Two and one-half cents per thousand cubic feet of 29,013
natural gas; 29,014
(7) One cent per ton of clay, sandstone or conglomerate, 29,016
shale, gypsum, or quartzite. 29,017
(B) Of the moneys received by the treasurer of state from 29,019
the tax levied in division (A)(1) of this section, six and 29,020
three-tenths per cent shall be credited to the geological mapping 29,021
fund created in section 1505.09 of the Revised Code, fourteen and 29,022
two-tenths per cent shall be credited to the reclamation 29,024
supplemental forfeiture fund created in division (B) of section 29,025
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 29,026
shall be credited to the coal mining administration and 29,027
reclamation reserve fund created in section 1513.181 of the 29,028
Revised Code, and the remainder shall be credited to the 29,029
unreclaimed lands fund created in section 1513.30 of the Revised 29,030
Code. When, within ten days before or after the beginning of a 29,031
fiscal year, the chief of the division of mines and reclamation 29,032
finds that the balance of the coal mining administration and 29,033
reclamation reserve fund is below two million dollars, the chief 29,034
663
shall certify that fact to the director of budget and management. 29,035
Upon receipt of the chief's certification, the director shall 29,036
direct the treasurer of state to instead credit to the coal 29,037
mining administration and reclamation reserve fund during the 29,038
fiscal year for which the certification is made the fourteen and 29,039
two-tenths per cent of the moneys collected from the tax levied 29,040
in division (A)(1) of this section and otherwise required by this 29,041
division to be credited to the reclamation supplemental 29,042
forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 29,044
state from the tax levied in division (A)(2) of this section 29,045
shall be credited to the geological mapping fund and the 29,046
remainder shall be credited to the unreclaimed lands fund. 29,047
Of the moneys received by the treasurer of state from the 29,049
tax levied in divisions (A)(3) and (4) of this section, seven and 29,050
five-tenths per cent shall be credited to the geological mapping 29,051
fund, forty-two and five-tenths per cent shall be credited to the 29,052
unreclaimed lands fund, and the remainder shall be credited to 29,053
the surface mining administration fund created in section 1514.11 29,054
of the Revised Code. 29,055
Of the moneys received by the treasurer of state from the 29,057
tax levied in divisions (A)(5) and (6) of this section, twenty 29,058
NINETY per cent shall be credited to the oil and gas well 29,059
plugging fund created in section 1509.071 1509.02 of the Revised 29,061
Code, AND ten per cent shall be credited to the geological 29,062
mapping fund, and seventy per cent shall be credited to the oil
and gas permit fund created in section 1509.02 of the Revised 29,064
Code. All of the moneys received by the treasurer of state from 29,065
the tax levied in division (A)(7) of this section shall be 29,066
credited to the surface mining administration fund. 29,067
(C) For the purpose of paying the state's expenses for 29,069
reclaiming mined lands that the operator failed to reclaim under 29,071
a coal mining and reclamation permit issued under Chapter 1513. 29,072
of the Revised Code, or under a surface mining permit issued 29,075
664
under Chapter 1514. of the Revised Code, for which the operator's 29,076
bond is not sufficient to pay the state's expense for 29,077
reclamation, there is hereby levied an excise tax on the 29,078
privilege of engaging in the severance of coal from the soil or 29,079
water of this state in addition to the taxes levied by divisions 29,080
(A)(1) and (D) of this section. The tax shall be imposed at the 29,081
rate of one cent per ton of coal. Moneys received by the 29,083
treasurer of state from the tax levied under this division shall 29,084
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 29,086
(D) For the purpose of paying the state's expenses for 29,088
reclaiming coal mined lands that the operator failed to reclaim 29,089
in accordance with Chapter 1513. of the Revised Code under a coal 29,090
mining and reclamation permit issued after April 10, 1972, but 29,091
before September 1, 1981, for which the operator's bond is not 29,092
sufficient to pay the state's expense for reclamation and paying 29,093
the expenses for administering the state's coal mining and 29,094
reclamation regulatory program, there is hereby levied an excise 29,095
tax on the privilege of engaging in the severance of coal from 29,096
the soil or water of this state in addition to the taxes levied 29,097
by divisions (A)(1) and (C) of this section. The tax shall be 29,098
imposed at the rate of one cent per ton of coal as prescribed in 29,099
this division. Moneys received by the treasurer of state from 29,100
the tax levied by this division shall be credited to the 29,101
reclamation supplemental forfeiture fund created in division (B) 29,103
of section 1513.18 of the Revised Code. 29,104
When, at the close of any fiscal year, the chief finds that 29,106
the balance of the reclamation supplemental forfeiture fund, plus 29,108
estimated transfers to it from the coal mining and reclamation 29,109
reserve fund under section 1513.181 of the Revised Code, plus the 29,110
estimated revenues from the tax levied by this division for the 29,111
remainder of the calendar year that includes the close of the 29,112
fiscal year, are sufficient to complete the reclamation of such 29,113
lands, the purposes for which the tax under this division is 29,114
665
levied shall be deemed accomplished at the end of that calendar 29,115
year. The chief, within thirty days after the close of the 29,116
fiscal year, shall certify those findings to the tax 29,117
commissioner, and the tax shall cease to be imposed after the 29,119
last day of that calendar year.
(E) On the day fixed for the payment of the severance 29,121
taxes required to be paid by this section, the taxes with any 29,122
penalties or interest on them shall become a lien on all property 29,124
of the taxpayer in this state whether the property is employed by 29,126
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 29,127
creditors or stockholders. The lien shall continue until the 29,128
taxes and any penalties or interest thereon are paid. 29,129
Upon failure of the taxpayer to pay a tax on the day fixed 29,131
for payment, the tax commissioner may file, for which no filing 29,132
fee shall be charged, in the office of the county recorder in 29,133
each county in this state in which the taxpayer owns or has a 29,134
beneficial interest in real estate, notice of the lien containing 29,135
a brief description of the real estate. The lien shall not be 29,136
valid as against any mortgagee, purchaser, or judgment creditor 29,137
whose rights have attached prior to the time the notice is filed 29,138
in the county in which the real estate that is the subject of the 29,140
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 29,141
"severance tax lien record" and indexed under the name of the 29,142
taxpayer charged with the tax. When the tax has been paid, the 29,143
tax commissioner shall furnish to the taxpayer an acknowledgement 29,144
of payment, which the taxpayer may record with the recorder of 29,145
each county in which notice of the lien has been filed. 29,146
Sec. 5907.11. (A) The superintendent of the Ohio 29,155
veterans' home, with the approval of the board of trustees of the 29,156
Ohio veterans' home, may establish a local fund to be used for 29,158
the entertainment and welfare of the residents of the Ohio 29,160
veterans' home. The fund shall be designated as the home
666
improvement RESIDENTS' BENEFIT fund and shall be operated for the 29,163
exclusive benefit of the residents of the Ohio veterans' home. 29,165
The fund shall receive all revenue from the sale of commissary 29,166
items and shall receive all moneys received as donations from any 29,167
source.
(B) THE RESIDENTS' BENEFIT FUND ALSO MAY BE USED TO 29,169
RECEIVE AND DISBURSE ANY DONATIONS MADE FOR EVENTS SPONSORED BY 29,170
THE OHIO VETERANS HALL OF FAME. 29,171
(C) The superintendent, subject to the approval of the 29,173
board of trustees, shall establish rules for the operation of the 29,175
home improvement RESIDENTS' BENEFIT fund. 29,176
Sec. 5907.13. Residents of the Ohio veterans' home may be 29,185
assessed a fee to pay a portion of the expenses of their support, 29,186
dependent upon their ability to pay. Subject to controlling 29,187
board approval, the board of trustees of the Ohio veterans' home 29,188
shall adopt rules for determining a resident's ability to pay. 29,189
Each resident shall furnish the board of trustees such statements 29,190
of income, assets, debts, and expenses as THAT the board 29,191
requires. All 29,192
ALL fees contributed by the residents under this section 29,195
shall be deposited into an interest-bearing account in a public 29,196
depository in accordance with section 135.18 of the Revised Code. 29,197
All such OF THESE fees shall be paid to the treasurer of state 29,199
within thirty days after the end of the month of receipt, 29,200
together with all interest credited to the account to date. The 29,201
treasurer of state shall credit eighty per cent of these fees and 29,202
of this interest to the Ohio veterans' home operating fund and 29,203
twenty per cent OF THESE FEES AND OF THIS INTEREST to the Ohio 29,204
veterans' home fund. The 29,206
THE fee for each resident shall be based upon the level of 29,209
care received for domiciliary or nursing home services PROVIDED 29,210
TO THE RESIDENT BY THE HOME. THE BOARD OF TRUSTEES SHALL 29,211
DETERMINE AUTHORIZED LEVELS OF CARE FOR RESIDENTS. The assessment 29,212
for each resident shall not exceed the difference between the 29,213
667
total per diem amount collected by the state for maintenance from 29,214
all sources on the resident's behalf and the average annual per 29,215
diem cost for the resident's maintenance, computed in accordance 29,216
with veterans administration regulations.
Sec. 5907.141. (A) All money received from the United 29,225
States department of veterans affairs in per diem grants for 29,227
state home domiciliary and nursing home care THAT THE OHIO 29,229
VETERANS' HOME PROVIDES shall be deposited in the state treasury 29,230
to the credit of the Ohio veterans' home federal grant fund, 29,231
which is hereby created. Money credited to the fund shall be 29,232
used only for the operating costs of the Ohio veterans' home. 29,233
(B) ANY RESIDENT OF THE OHIO VETERANS' HOME WHOM THE 29,236
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DETERMINES TO HAVE 29,237
EXCESS INCOME OR ASSETS, THEREFORE RENDERING THE HOME INELIGIBLE 29,238
TO COLLECT PER DIEM GRANT REIMBURSEMENT FOR DAYS OF CARE PROVIDED 29,239
TO THAT RESIDENT, IS REQUIRED TO PAY, IN ADDITION TO THE FEES 29,240
ASSESSED UNDER SECTION 5907.13 OF THE REVISED CODE, AN AMOUNT 29,241
EQUAL TO THE RATE OF PER DIEM GRANT THAT THE DEPARTMENT DENIED 29,242
FOR THAT PARTICULAR RESIDENT. ANY AMOUNT THAT THE RESIDENT PAYS 29,243
UNDER THIS DIVISION SHALL BE COLLECTED AND DISTRIBUTED IN THE 29,244
SAME MANNER AS THE FEES ASSESSED UNDER SECTION 5907.13 OF THE 29,245
REVISED CODE.
Sec. 5907.15. There is hereby created in the state 29,254
treasury the Ohio veterans VETERANS' home rental and, service 29,256
revenue, AND MEDICARE REIMBURSEMENT fund. Revenue generated from 29,259
temporary use agreements of the home, from the sale of meals at
the home's dining halls, and from rental, lease, or sharing 29,260
agreements for the use of facilities, supplies, equipment, 29,262
utilities, or services provided by the home, AND FROM MEDICARE 29,263
REIMBURSEMENTS shall be credited to the fund. The fund shall be 29,264
used only for maintenance costs of the home AND FOR THE PURCHASE 29,265
OF MEDICATIONS, MEDICAL SUPPLIES, AND MEDICAL EQUIPMENT BY THE 29,266
HOME.
Sec. 6109.01. As used in this chapter: 29,275
668
(A) "Public water system" means a system for the provision 29,277
to the public of piped water for human consumption THROUGH PIPES 29,278
OR OTHER CONSTRUCTED CONVEYANCES if the system has at least 29,280
fifteen service connections or regularly serves at least 29,281
twenty-five individuals. "Public water system" includes any 29,282
collection, treatment, storage, and distribution facilities under 29,283
control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment 29,284
storage facilities not under such control that are used primarily 29,286
in connection with the system, and any water supply system 29,287
serving an agricultural labor camp as defined in section 3733.41 29,288
of the Revised Code.
(B) "Contaminant" means any physical, chemical, 29,290
biological, or radiological substance or matter in water. 29,291
(C) "Person" means the state, any political subdivision, 29,293
agency, institution, or instrumentality thereof, any federal 29,294
agency, and any person as defined in section 1.59 of the Revised 29,295
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking 29,297
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), as amended by 29,298
the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 29,299
U.S.C. 300(f), the "Safe Drinking Water Act Amendments of 1986," 29,300
100 Stat. 642, 42 U.S.C. 300(f), and the "Safe Drinking Water Act 29,301
Amendments of 1996," 110 Stat. 1613, 42 U.S.C. 300(f), and
regulations adopted under those acts. 29,302
(E) "Community water system" means a public water system 29,304
that has at least fifteen service connections used by year-round 29,305
residents or that regularly serves at least twenty-five 29,306
year-round residents.
(F) "Small system" means a public water system serving a 29,308
population of ten thousand or fewer individuals. 29,309
(G) "Technical assistance" means nonfinancial assistance 29,311
provided by the state to public water systems and other eligible 29,312
applicants, including, without limitation, assistance for 29,313
669
planning and design, development, and implementation of source 29,314
water quality protection programs; locating alternative supplies 29,315
of drinking water; operational training; restructuring or 29,316
consolidation of small systems; providing treatment information 29,317
in order to assist compliance with a national primary drinking 29,318
water standard; and other nonfinancial assistance authorized by 29,319
the requirements governing the funds established under this 29,320
chapter. 29,321
(H) "Disadvantaged community" means the service area or 29,323
portion of a service area of a public water system that meets 29,324
affordability and other criteria established by the director of 29,325
environmental protection in rules adopted under division (M) of 29,326
section 6109.22 of the Revised Code and may include the service 29,327
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 29,328
Revised Code.
(I) "Director of environmental protection" or "director" 29,330
includes an authorized representative of the director. 29,331
(J) "Federal Water Pollution Control Act" has the same 29,333
meaning as in section 6111.01 of the Revised Code. 29,334
Sec. 6109.21. (A) Except as provided in divisions (D) and 29,344
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 29,345
without a license issued by the director of environmental 29,346
protection. A person who operates or maintains a public water 29,347
system on January 1, 1994, shall obtain an initial license under 29,348
this section in accordance with the following schedule: 29,349
(1) If the public water system is a community water 29,351
system, not later than January 31, 1994; 29,352
(2) If the public water system is not a community water 29,354
system and serves a nontransient population, not later than 29,355
January 31, 1994; 29,356
(3) If the public water system is not a community water 29,358
system and serves a transient population, not later than January 29,359
670
31, 1995. 29,360
A person proposing to operate or maintain a new public 29,362
water system after January 1, 1994, in addition to complying with 29,363
section 6109.07 of the Revised Code and rules adopted under it, 29,364
shall submit an application for an initial license under this 29,365
section to the director prior to commencing operation of the 29,366
system. 29,367
A license or license renewal issued under this section 29,369
shall be renewed annually. Such a license or license renewal 29,370
shall expire on the thirtieth day of January in the year 29,371
following its issuance. A license holder that proposes to 29,372
continue operating the public water system for which the license 29,373
or license renewal was issued shall apply for a license renewal 29,374
at least thirty days prior to that expiration date. 29,375
The director shall adopt, and may amend and rescind, rules 29,377
in accordance with Chapter 119. of the Revised Code establishing 29,378
procedures governing and information to be included on 29,379
applications for licenses and license renewals under this 29,380
section. Through June 30, 2000 2002, each application shall be 29,382
accompanied by the appropriate fee established under division (M) 29,383
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 29,384
maintain a new public water system after January 1, 1994, shall 29,385
submit a fee that equals a prorated amount of the appropriate fee 29,386
established under that division for the remainder of the 29,387
licensing year. 29,388
(B) Not later than thirty days after receiving a completed 29,390
application and the appropriate license fee for an initial 29,391
license under division (A) of this section, the director shall 29,392
issue the license for the public water system. Not later than 29,393
thirty days after receiving a completed application and the 29,394
appropriate license fee for a license renewal under division (A) 29,395
of this section, the director shall do one of the following: 29,396
(1) Issue the license renewal for the public water system; 29,398
671
(2) Issue the license renewal subject to terms and 29,400
conditions that the director determines are necessary to ensure 29,401
compliance with this chapter and rules adopted under it; 29,402
(3) Deny the license renewal if the director finds that 29,404
the public water system was not operated in substantial 29,405
compliance with this chapter and rules adopted under it. 29,406
(C) The director may suspend or revoke a license or 29,408
license renewal issued under this section if the director finds 29,409
that the public water system was not operated in substantial 29,410
compliance with this chapter and rules adopted under it. The 29,411
director shall adopt, and may amend and rescind, rules in 29,412
accordance with Chapter 119. of the Revised Code governing such 29,413
suspensions and revocations. 29,414
(D)(1) As used in division (D) of this section, "church" 29,416
means a fellowship of believers, congregation, society, 29,417
corporation, convention, or association that is formed primarily 29,418
or exclusively for religious purposes and that is not formed or 29,419
operated for the private profit of any person. 29,420
(2) This section does not apply to a church that operates 29,422
or maintains a public water system solely to provide water for 29,423
that church or for a campground that is owned by the church and 29,424
operated primarily or exclusively for members of the church and 29,425
their families. A church that, on or before the effective date 29,426
of this amendment MARCH 5, 1996, has obtained a license under 29,428
this section for such a public water system need not obtain a
license renewal under this section. 29,429
(E) This section does not apply to any public or nonpublic 29,431
school that meets minimum standards of the state board of 29,432
education that operates or maintains a public water system solely 29,433
to provide water for that school. 29,434
Sec. 6119.10. The board of trustees of a regional water 29,443
and sewer district or any officer or employee designated by such 29,444
THE board may make any contract for the purchase of supplies or 29,446
material or for labor for any work, under the supervision of the 29,447
672
board, the cost of which shall not exceed ten FIFTEEN thousand 29,448
dollars. When an expenditure, other than for the acquisition of 29,450
real estate and interests in real estate, the discharge of 29,451
noncontractual claims, personal services, the joint use of 29,452
facilities or the exercise of powers with other political 29,453
subdivisions, or for the product or services of public utilities, 29,454
exceeds ten FIFTEEN thousand dollars, such THE expenditures shall 29,456
be made only after a notice calling for bids has been published 29,457
not less than two consecutive weeks in at least one newspaper 29,458
having a general circulation within the district. If the bids 29,459
are for a contract for the construction, demolition, alteration, 29,460
repair, or reconstruction of an improvement, the board may let 29,461
the contract to the lowest and best bidder who meets the 29,462
requirements of section 153.54 of the Revised Code. If the bids 29,463
are for a contract for any other work relating to the 29,464
improvements for which a regional water and sewer district was 29,465
established, the board of trustees of the regional water and 29,466
sewer district may let the contract to the lowest or best bidder 29,467
who gives a good and approved bond with ample security 29,468
conditioned on the carrying out of the contract. Such THE 29,469
contract shall be in writing and shall be accompanied by or shall 29,471
refer to plans and specifications for the work to be done, 29,472
approved by the board. The plans and specifications shall at all 29,473
times be made and considered part of the contract. The contract 29,474
shall be approved by the board and signed by its president or 29,475
other duly authorized officer and by the contractor. In case of 29,476
a real and present emergency, the board of trustees of the 29,477
district may, by two-thirds vote of all members, MAY authorize 29,478
the president or other duly authorized officer to enter into a 29,479
contract for work to be done or for the purchase of supplies or 29,480
materials without formal bidding or advertising. All contracts 29,481
shall have attached the certificate required by section 5705.41 29,482
of the Revised Code duly executed by the secretary of the board 29,483
of trustees of the district. The district may make improvements 29,484
673
by force account or direct labor, provided THAT, if the estimated 29,485
cost of supplies or material for any such improvement exceeds ten 29,486
FIFTEEN thousand dollars, bids shall be received as provided in 29,488
this section. For the purposes of the competitive bidding 29,489
requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate 29,490
contracts for labor, supplies, or materials if such THE contracts 29,492
are in fact a part of a single contract required to be bid 29,493
competitively under this section. 29,494
Section 2. That existing sections 109.081, 111.18, 117.14, 29,496
117.44, 117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 120.28, 29,498
120.33, 122.011, 124.04, 124.07, 125.023, 125.04, 125.15, 125.28, 29,499
126.12, 126.21, 126.25, 126.31, 126.32, 127.16, 131.01, 149.30, 29,500
166.03, 166.05, 169.03, 173.35, 307.851, 307.98, 311.01, 329.04, 29,502
329.06, 329.12, 340.03, 901.41, 901.62, 901.63, 1155.07, 1155.10, 29,504
1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 29,505
1507.01, 1507.12, 1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 29,506
2151.36, 2305.232, 2949.17, 2949.19, 2949.20, 2949.201, 3109.17, 29,508
3109.18, 3375.90, 3383.08, 3517.152, 3701.04, 3701.261, 3701.262, 29,509
3701.263, 3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 3705.24, 29,510
3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 3722.15, 3722.16, 29,511
3734.02, 3734.05, 3734.06, 3734.57, 3734.82, 3734.87, 3734.901, 29,513
3742.03, 3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 3748.07, 29,514
3748.13, 3750.02, 3793.08, 3793.10, 3793.12, 4105.17, 4112.12, 29,515
4115.34, 4163.07, 4301.10, 4301.30, 4301.43, 4501.27, 4511.191, 29,516
4511.83, 4703.36, 4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 29,519
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 29,520
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 29,521
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 29,523
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 29,524
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4937.02, 4981.09, 29,525
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 5101.83, 5101.93, 29,526
5104.30, 5104.34, 5104.38, 5107.02, 5107.05, 5107.10, 5107.16, 29,527
5107.18, 5107.22, 5107.24, 5107.26, 5107.28, 5107.541, 5107.60, 29,528
674
5107.72, 5111.01, 5111.113, 5112.03, 5112.06, 5112.07, 5112.08, 29,529
5112.09, 5112.17, 5115.01, 5117.07, 5117.09, 5119.16, 5119.61, 29,530
5123.60, 5139.27, 5139.271, 5139.28, 5139.281, 5502.21, 5502.22, 29,531
5502.25, 5502.28, 5502.34, 5703.05, 5703.21, 5709.62, 5709.63, 29,533
5709.632, 5709.83, 5733.05, 5733.33, 5739.31, 5743.08, 5743.14, 29,534
5743.55, 5743.59, 5743.99, 5747.11, 5749.02, 5907.11, 5907.13, 29,536
5907.141, 5907.15, 6109.01, 6109.21, and 6119.10 and sections 29,538
1155.131, 1163.17, 5107.77, and 5115.08 of the Revised Code are 29,539
hereby repealed. That existing Section 4 of Sub. H.B. 167 of the 29,541
121st General Assembly, as amended by Sub. H.B. 710 of the 121st 29,542
General Assembly and Am. Sub. H.B. 215 of the 122nd General 29,543
Assembly, is hereby repealed. 29,544
Section 3. That Section 5 of Am. Sub. S.B. 50 of the 121st 29,546
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd 29,548
General Assembly, be amended to read as follows: 29,549
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st 29,552
General Assembly shall take effect July 1, 1999 2001." 29,553
Section 4. That existing Section 5 of Am. Sub. S.B. 50 of 29,555
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 29,556
the 122nd General Assembly, is hereby repealed. 29,557
Section 5. Except as otherwise provided, all appropriation 29,559
line items (ALI) in this act are hereby appropriated out of any 29,560
moneys in the state treasury to the credit of the designated 29,561
fund, which are not otherwise appropriated. For all 29,562
appropriations made in this act, those amounts in the first 29,563
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 29,564
FND ALI ALI TITLE FY 2000 FY 2001 29,573
Section 6. ACC ACCOUNTANCY BOARD OF OHIO 29,576
General Services Fund Group 29,578
4J8 889-601 CPA Education 29,581
Assistance $ 200,000 $ 200,000 29,583
4K9 889-609 Operating Expenses $ 791,470 $ 788,557 29,587
TOTAL GSF General Services Fund 29,588
675
Group $ 991,470 $ 988,557 29,591
TOTAL ALL BUDGET FUND GROUPS $ 991,470 $ 988,557 29,594
Section 7. PAY ACCRUED LEAVE LIABILITY 29,597
Accrued Leave Liability Fund Group 29,599
806 995-666 Accrued Leave Fund $ 51,911,388 $ 58,703,605 29,604
807 995-667 Disability Fund $ 33,111,113 $ 34,766,669 29,608
TOTAL ALF Accrued Leave Liability 29,609
Fund Group $ 85,022,501 $ 93,470,274 29,612
Agency Fund Group 29,615
808 995-668 State Employee Health 29,618
Benefit Fund $ 125,908,931 $ 133,973,454 29,620
809 995-669 Dependent Care 29,622
Spending Account $ 2,579,750 $ 2,773,231 29,624
810 995-670 Life Insurance 29,626
Investment Fund $ 2,259,874 $ 2,372,867 29,628
811 995-671 Parental Leave 29,630
Benefit Fund $ 4,149,522 $ 5,186,902 29,632
TOTAL AGY Agency Fund Group $ 134,898,077 $ 144,306,454 29,635
TOTAL ALL BUDGET FUND GROUPS $ 219,920,578 $ 237,776,728 29,641
Accrued Leave Liability Fund 29,644
The foregoing appropriation item 995-666, Accrued Leave 29,646
Fund, shall be used to make payments from the Accrued Leave 29,647
Liability Fund (Fund 806), pursuant to section 125.211 of the 29,648
Revised Code. If it is determined by the Director of Budget and 29,649
Management that additional amounts are necessary, the amounts are 29,650
hereby appropriated. 29,651
State Employee Disability Leave Benefit Fund 29,653
The foregoing appropriation item 995-667, Disability Fund, 29,655
shall be used to make payments from the State Employee Disability 29,656
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 29,657
Revised Code. If it is determined by the Director of Budget and 29,658
Management that additional amounts are necessary, the amounts are 29,659
hereby appropriated. 29,660
State Employee Health Benefit Fund 29,662
676
The foregoing appropriation item 995-668, State Employee 29,664
Health Benefit Fund, shall be used to make payments from the 29,665
State Employee Health Benefit Fund (Fund 808), pursuant to 29,666
section 124.87 of the Revised Code. If it is determined by the 29,667
Director of Budget and Management that additional amounts are 29,668
necessary, the amounts are hereby appropriated. 29,669
Dependent Care Spending Account 29,671
The foregoing appropriation item 995-669, Dependent Care 29,673
Spending Account, shall be used to make payments from the 29,674
Dependent Care Spending Account (Fund 809) to employees eligible 29,675
for dependent care expenses. If it is determined by the Director 29,676
of Budget and Management that additional amounts are necessary, 29,677
the amounts are hereby appropriated. 29,678
Life Insurance Investment Fund 29,680
The foregoing appropriation item 995-670, Life Insurance 29,682
Investment Fund, shall be used to make payments from the Life 29,683
Insurance Investment Fund (Fund 810) for the costs and expenses 29,684
of the state's life insurance benefit program pursuant to section 29,685
125.212 of the Revised Code. If it is determined by the Director 29,686
of Budget and Management that additional amounts are necessary, 29,687
the amounts are hereby appropriated. 29,688
Parental Leave Benefit Fund 29,690
The foregoing appropriation item 995-671, Parental Leave 29,692
Benefit Fund, shall be used to make payments from the Parental 29,693
Leave Benefit Fund (Fund 811) to employees eligible for parental 29,694
leave benefits pursuant to section 124.137 of the Revised Code. 29,695
If it is determined by the Director of Budget and Management that 29,696
additional amounts are necessary, the amounts are hereby 29,697
appropriated. 29,698
Section 8. ADJ ADJUTANT GENERAL 29,700
General Revenue Fund 29,702
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 29,707
GRF 745-403 Armory Deferred 29,709
Maintenance $ 800,000 $ 800,000 29,711
677
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 29,715
GRF 745-409 Central 29,717
Administration $ 3,860,435 $ 3,848,936 29,719
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 29,723
GRF 745-502 Ohio National Guard 29,725
Unit Fund $ 118,086 $ 121,392 29,727
TOTAL GRF General Revenue Fund $ 10,625,842 $ 10,611,725 29,730
General Services Fund Group 29,733
534 745-612 Armory Improvements $ 511,500 $ 523,776 29,738
536 745-620 Camp Perry Clubhouse 29,740
and Rental $ 996,340 $ 1,008,771 29,742
537 745-604 ONG Maintenance $ 205,163 $ 209,847 29,746
TOTAL GSF General Services Fund 29,747
Group $ 1,713,003 $ 1,742,394 29,750
Federal Special Revenue Fund Group 29,753
3E8 745-628 Air National Guard 29,756
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 29,758
3R8 745-603 Counter Drug 29,760
Operations $ 100,000 $ 100,000 29,762
3S0 745-602 Higher Ground 29,764
Training $ 35,000 $ 35,000 29,766
341 745-615 Air National Guard 29,768
Base Security $ 2,008,925 $ 1,992,760 29,770
342 745-616 Army National Guard 29,772
Service Agreement $ 4,370,403 $ 4,439,930 29,774
343 745-619 Army National Guard 29,776
Training Site
Agreement $ 2,734,477 $ 2,781,245 29,778
TOTAL FED Federal Special Revenue 29,779
Fund Group $ 20,429,107 $ 20,598,733 29,782
State Special Revenue Fund Group 29,785
528 745-605 Marksmanship 29,787
Activities $ 61,600 $ 63,078 29,789
678
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 29,792
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,829,552 $ 33,015,930 29,797
Armory Deferred Maintenance 29,800
Of the foregoing appropriation item 745-403, Armory 29,802
Deferred Maintenance, all disbursements shall be made based on a 29,803
spending plan approved by the Director of Budget and Management. 29,804
Marksmanship Activities 29,806
On July 1, 1999, or as soon thereafter as possible, the 29,808
Director of Budget and Management shall transfer the cash balance 29,809
in the Marksmanship Program (Fund 340) to Marksmanship Activities 29,810
(Fund 528), and Fund 340 is hereby abolished. The director shall 29,811
cancel any existing encumbrances against appropriation item 29,812
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 29,813
528). The amounts of the reestablished encumbrances are hereby 29,814
appropriated.
Section 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 29,816
General Revenue Fund 29,818
GRF 100-402 Unemployment 29,821
Compensation $ 130,591 $ 134,069 29,823
GRF 100-405 Agency Audit Expenses $ 667,767 $ 765,956 29,827
GRF 100-406 County & University 29,829
Human Resources
Services $ 1,278,419 $ 1,259,851 29,831
GRF 100-409 Departmental 29,833
Information Services $ 1,518,558 $ 1,489,757 29,835
GRF 100-410 Veterans' Records 29,837
Conversion $ 500,000 $ 500,000 29,839
GRF 100-414 Ohio Geographically 29,841
Referenced
Information Program $ 642,224 $ 659,227 29,843
GRF 100-416 Strategic Technology 29,845
Development Programs $ 4,043,290 $ 4,188,593 29,847
679
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 29,851
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 29,855
GRF 100-433 State of Ohio 29,857
Computer Center $ 5,090,081 $ 5,204,349 29,859
GRF 100-439 Equal Opportunity 29,861
Programs $ 1,394,375 $ 1,430,694 29,863
GRF 100-447 OBA - Building Rent 29,865
Payments $ 89,400,000 $ 97,335,000 29,867
GRF 100-448 OBA - Building 29,869
Operating Payments $ 25,498,000 $ 25,498,000 29,871
GRF 100-449 DAS - Building 29,873
Operating Payments $ 5,637,392 $ 5,620,548 29,875
GRF 100-451 Minority Affairs $ 876,551 $ 878,910 29,879
GRF 130-321 State Agency Support 29,881
Services $ 3,938,112 $ 3,994,685 29,883
TOTAL GRF General Revenue Fund $ 151,402,909 $ 159,830,213 29,886
General Services Fund Group 29,889
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 29,894
115 100-632 Central Service 29,896
Agency $ 389,317 $ 398,151 29,898
117 100-644 General Services 29,900
Division - Operating $ 6,152,252 $ 5,836,960 29,902
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 29,906
125 100-622 Human Resources 29,908
Division - Operating $ 21,275,977 $ 19,663,245 29,910
127 100-627 Vehicle Liability 29,912
Insurance $ 4,160,053 $ 4,276,001 29,914
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 29,918
130 100-606 Fidelity Bonding 29,920
Programs $ 109,611 $ 112,497 29,922
131 100-639 State Architect's 29,924
Office $ 6,154,743 $ 6,066,535 29,926
132 100-631 DAS Building 29,928
Management $ 10,584,283 $ 10,327,827 29,930
680
188 100-649 Equal Opportunity 29,932
Programs $ 2,194,260 $ 2,228,255 29,934
201 100-653 General Services 29,936
Resale Merchandise $ 1,978,768 $ 2,034,174 29,938
210 100-612 State Printing $ 6,157,561 $ 6,322,592 29,942
4H2 100-604 Governor's Residence 29,944
Gift $ 21,622 $ 22,141 29,946
4P3 100-603 Departmental MIS 29,948
Services $ 6,493,349 $ 7,312,130 29,950
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 29,954
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 29,958
TOTAL GSF General Services Fund 29,959
Group $ 80,845,416 $ 80,066,246 29,962
Federal Special Revenue Fund Group 29,965
307 100-633 Federal Special 29,968
Revenue $ 262,000 $ 0 29,970
TOTAL FED Federal Special Revenue 29,971
Fund Group $ 262,000 $ 0 29,974
State Special Revenue Fund Group 29,977
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 29,981
TOTAL SSR State Special Revenue 29,982
Fund Group $ 12,000,000 $ 12,000,000 29,985
Intragovernmental Service Fund Group 29,988
133 100-607 Information 29,991
Technology Fund $ 92,027,981 $ 91,726,824 29,993
4N6 100-617 Major Computer 29,995
Purchases $ 19,016,469 $ 19,472,864 29,997
TOTAL ISF Intragovernmental 29,998
Service Fund Group $ 111,044,450 $ 111,199,688 30,001
Agency Fund Group 30,004
113 100-628 Unemployment 30,007
Compensation $ 4,884,530 $ 5,128,757 30,009
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 30,013
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 30,016
681
Holding Account Redistribution Fund Group 30,019
R08 100-646 General Services 30,022
Refunds $ 20,000 $ 20,000 30,024
TOTAL 090 Holding Account 30,025
Redistribution Fund Group $ 20,000 $ 20,000 30,028
TOTAL ALL BUDGET FUND GROUPS $2,145,459,305 $2,242,494,904 30,031
Section 9.01. Agency Audit Expenses 30,034
Of the foregoing appropriation item 100-405, Agency Audit 30,036
Expenses, up to $222,000 in fiscal year 2000 and up to $226,800 30,037
in fiscal year 2001 shall be used to subsidize the operations of 30,038
the Central Service Agency. The Department of Administrative 30,039
Services shall transfer cash from appropriation item 100-405, 30,040
Agency Adult Expenses, to the Central Service Agency Fund (Fund 30,041
115) using an intrastate transfer voucher. 30,042
Of the foregoing appropriation item 100-405, Agency Audit 30,044
Expenses, up to $30,000 in fiscal year 2000 and $30,000 in fiscal 30,045
year 2001 shall be used for the Department of Administrative 30,048
Services' GRF line item-related auditing expenses. The remainder 30,049
of the appropriation shall be used for auditing expenses 30,050
designated in division (A)(1) of section 117.13 of the Revised 30,051
Code for those state agencies audited on a biennial basis. 30,052
Of the foregoing appropriation item 100-406, County & 30,054
University Human Resources Services, the Director of 30,055
Administrative Services shall transfer $10,795 in fiscal year 30,056
2000 to the Workforce Development Fund (Fund 5D7) to pay interest 30,057
that should have accrued to the Workforce Development Fund in 30,058
fiscal year 1998. This transfer shall be made using an 30,059
intrastate transfer voucher.
Of the foregoing appropriation item 100-406, County & 30,061
University Human Resources Services, $15,000 in each fiscal year 30,062
shall go to the Advancing-Up Program at the University of Akron. 30,063
Veterans' Records Conversion 30,065
The office of Veterans Affairs within the Office of the 30,067
Governor shall identify the Merchant Marines who served in the 30,068
682
war zone in World War II.
Fidelity Bonding Programs 30,070
Pursuant to a written request by the Chief of the Division 30,072
of Wildlife in the Department of Natural Resources, the 30,073
self-insured blanket fidelity bonding program authorized by 30,074
section 9.832 of the Revised Code shall revert to the Division of 30,075
Wildlife effective July 1, 1999. Upon receipt of the chief's 30,076
request, the Department of Administrative Services shall prepare 30,077
a preliminary estimate of the amount of cash held on behalf of 30,078
the Division of Wildlife that is not committed for costs incurred 30,079
by or for the self-insured fidelity bonding program. The 30,080
Director of Administrative Services shall certify such amount to 30,081
the Director of Budget and Management. Upon receipt of the 30,082
certification, the Director of Budget and Management shall 30,083
transfer the amount of cash certified by the Director of 30,084
Administrative Services from the State Insurance Pool (Fund 130) 30,085
to the Wildlife Fund created in section 1531.17 of the Revised 30,086
Code. After transfer of the preliminary estimate of cash to the 30,087
Wildlife Fund, the Department of Administrative Services shall 30,088
reconcile fiscal year 1999 financial activity in the State 30,089
Insurance Pool. The department shall determine the final amount 30,090
of cash to be transferred between the State Insurance Pool and 30,091
the Wildlife Fund. The Director of Budget and Management shall 30,092
transfer the final amount certified to the Wildlife Fund or to 30,093
the State Insurance Pool as appropriate.
Section 9.02. Ohio Building Authority 30,095
The foregoing appropriation item 100-447, OBA - Building 30,097
Rent Payments, shall be used to meet all payments at the times 30,099
they are required to be made during the period from July 1, 1999, 30,100
to June 30, 2001, by the Department of Administrative Services to 30,101
the Ohio Building Authority pursuant to leases and agreements 30,102
under Chapter 152. of the Revised Code, but limited to the 30,103
aggregate amount of $186,735,000. The foregoing appropriation 30,104
item 100-448, OBA - Building Operating Payments, shall be used to 30,106
683
meet all payments at the times that they are required to be made 30,107
during the period from July 1, 1999, to June 30, 2001, by the 30,108
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 30,110
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 30,111
pledged for bond service charges on obligations issued pursuant 30,112
to Chapter 152. of the Revised Code. 30,113
The payments to the Ohio Building Authority are for the 30,115
purpose of paying the expenses of agencies that occupy space in 30,116
the various state facilities. The Department of Administrative 30,117
Services may enter into leases and agreements with the Ohio 30,118
Building Authority providing for the payment of such expenses. 30,119
The Ohio Building Authority shall report to the Department of 30,121
Administrative Services and the Office of Budget and Management 30,122
not later than five months after the start of a fiscal year the 30,123
actual expenses incurred by the Ohio Building Authority in 30,124
operating such facilities and any balances remaining from 30,125
payments and rentals received in the prior fiscal year. The 30,126
Department of Administrative Services shall reduce subsequent 30,127
payments by the amount of the balance reported to it by the Ohio 30,128
Building Authority.
Section 9.03. DAS - Building Operating Payments 30,130
The foregoing appropriation item 100-449, DAS - Building 30,132
Operating Payments, shall be used to pay the rent expenses of 30,134
veterans organizations pursuant to section 123.024 of the Revised 30,135
Code in fiscal years 2000 and 2001. 30,136
Notwithstanding section 125.28 of the Revised Code, the 30,138
remaining portion of this appropriation may be used to pay the 30,140
operating expenses of state facilities maintained by the 30,142
Department of Administrative Services that are not billed to 30,144
building tenants. Such expenses may include, but are not limited 30,146
to, the costs for vacant space and space undergoing renovation, 30,147
and the rent expenses of tenants that are relocated due to 30,148
684
building renovations. 30,149
Such payments shall be processed by the Department of 30,151
Administrative Services through intrastate vouchers and placed in 30,153
the Facilities Management Fund (Fund 132). 30,155
Section 9.04. Equal Opportunity Programs and Minority 30,157
Affairs
The Department of Administrative Services, with the 30,159
approval of the Director of Budget and Management, shall 30,160
establish charges for recovering the costs of administering the 30,161
activities supported by the Equal Opportunity Programs Fund (Fund 30,162
188). These charges shall be deposited to the credit of the 30,164
Equal Opportunity Programs Fund (Fund 188) upon payment made by 30,165
state agencies; state-supported or state-assisted institutions of 30,167
higher education; and tax-supported agencies, municipal 30,168
corporations, or other political subdivisions of the state, for 30,169
services rendered.
The foregoing appropriation item 100-451, Minority Affairs, 30,172
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an access 30,174
point and official representation to multi-cultural communities; 30,175
research and reports on multi-cultural issues; and educational, 30,176
governmental, and other services that foster multi-cultural 30,177
opportunities and understanding in the state of Ohio. 30,178
Minority Business Enterprises (MBEs) and Disadvantaged 30,180
Business Enterprises (DBEs) Predicate Study 30,181
During the 1999-2001 biennium, the Director of 30,183
Administrative Services shall use no less than $750,000 in each 30,184
fiscal year to perform a predicate study of minority business 30,185
enterprises and disadvantaged business enterprises that would
answer the following questions: 30,186
(1) Is there a firm basis in evidence for determining that 30,188
there are ongoing effects of discrimination against MBEs and DBEs 30,189
(as defined by current state policy) in the goods, services, and 30,190
construction sectors within the relevant market area, either by 30,191
685
the state itself or as a passive participant in discrimination 30,192
practiced by local private industries?
(2) If there is evidence of discrimination, are race or 30,194
gender-neutral measures effective and narrowly tailored in 30,195
remedying the effects of discrimination? 30,196
(3) If neutral remedies are not effective, are race and 30,198
gender-based programs narrowly tailored to redress the effects of 30,199
prior discrimination?
(4) Are MBEs and DBEs under-utilized when identifying 30,201
opportunities to promote economic development throughout the 30,202
state?
(5) What effect does discrimination have on MBE/DBE 30,204
creation, development, and utilization in the State of Ohio? 30,205
The Director of Administrative Services shall present the 30,207
results of this study to the Governor and the General Assembly by 30,208
January 1, 2001.
Section 9.05. Central Service Agency Fund 30,210
In order to complete the migration of the licensing 30,212
applications of the professional licensing boards to a local area 30,214
network, the Director of Budget and Management may, at the 30,215
request of the Director of Administrative Services, cancel 30,216
related encumbrances in the Central Service Agency Fund (Fund 30,217
115) and reestablish these encumbrances in fiscal year 2000 for 30,218
the same purpose and to the same vendor. The Director of Budget 30,219
and Management shall reduce the appropriation balance in fiscal 30,220
year 1999 by the amount of encumbrances canceled in Fund 115. As 30,221
determined by the Director of Budget and Management, the 30,222
appropriation authority necessary to reestablish such 30,223
encumbrances or parts of encumbrances in fiscal year 2000 in the 30,224
Central Service Agency Fund (Fund 115) is hereby appropriated. 30,225
The Director of Budget and Management may transfer up to 30,227
$750,000 in fiscal year 2000 and up to $750,000 in fiscal year 30,228
2001 from the Occupational Licensing and Regulatory Fund (Fund 30,229
4K9) to the Central Service Agency Fund (Fund 115). The Director 30,230
686
of Budget and Management may transfer up to $300,000 in fiscal 30,231
year 2000 and up to $300,000 in fiscal year 2001 from the State 30,232
Medical Board Operating Fund (Fund 5C6) to the Central Service 30,233
Agency Fund (Fund 115). The appropriation item 100-632, Central 30,234
Service Agency, shall be used to purchase the necessary 30,235
equipment, products, and services to install a local area network 30,236
for the professional licensing boards, to improve processing of 30,237
their licensing applications to this fiscal year 2001. 30,239
Appropriation authority equal to the cash transfer is hereby 30,240
appropriated to appropriation item 100-632, Central Service 30,241
Agency.
Section 9.06. Tuition Reimbursement 30,243
Of the foregoing appropriation item 100-622, Human 30,245
Resources Division - Operating, $250,000 in fiscal year 2000 and 30,246
$250,000 in fiscal year 2001 shall be set aside for the District 30,247
1199 Health Care Employees Tuition Reimbursement Program, per 30,248
existing collective bargaining agreements. Of the foregoing 30,249
appropriation item 100-622, Human Resources Division - Operating, 30,250
$75,000 in fiscal year 2000 and $75,000 in fiscal year 2001 shall 30,251
be set aside for the Ohio Education Association Tuition 30,252
Reimbursement Program, per existing collective bargaining 30,253
agreements. The Department of Administrative Services, with the 30,254
approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the 30,255
District 1199 Health Care Employees Tuition Reimbursement Program 30,256
and the Ohio Education Association Tuition Reimbursement Program. 30,257
Receipts for these charges shall be deposited into the Human 30,258
Resources Services Fund (Fund 125). 30,259
Innovation Ohio 30,261
Of the foregoing appropriation item 100-622, Human 30,263
Resources Division - Operating, $174,004 in fiscal year 2000 and 30,264
$178,876 in fiscal year 2001 shall be used for the Innovation 30,265
Ohio program.
Section 9.07. Collective Bargaining Arbitration Expenses 30,268
687
With approval of the Director of Budget and Management, the 30,270
Department of Administrative Services may seek reimbursement from 30,271
state agencies for the actual costs and expenses the department 30,272
incurs in the collective bargaining arbitration process. Such 30,273
reimbursements shall be processed through intrastate transfer 30,274
vouchers and placed in the Collective Bargaining Fund (Fund 128). 30,275
DAS Building Management 30,277
Of the foregoing appropriation item 100-631, DAS Building 30,279
Management, up to $175,000 may be used to pay office relocation 30,280
and office remodeling costs for the veterans organizations 30,281
designated in section 123.024 of the Revised Code.
Of the foregoing appropriation item 100-631, DAS Building 30,283
Management, up to $193,000 in fiscal year 2000 may be used to pay 30,284
site management and maintenance costs at the Water Tower Park 30,285
Project, formerly known as Coit Road. 30,286
Workforce Development Fund 30,288
There is hereby established in the state treasury the 30,290
Workforce Development Fund (Fund 5D7). The foregoing 30,291
appropriation item 100-621, Workforce Development, shall be used 30,292
to make payments from the fund. The fund shall be under the 30,293
supervision of the Department of Administrative Services, which 30,294
may adopt rules with regard to the administration of the fund. 30,295
The fund shall be used to pay the costs of the Workforce 30,296
Development Program established by Article 37 of the contract 30,297
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 30,298
March 1, 1997. The program shall be administered in accordance 30,299
with the contract. Revenues shall accrue to the fund as 30,300
specified in the contract. The fund may be used to pay direct 30,301
and indirect costs of the program that are attributable to staff, 30,302
consultants, and service providers. All income derived from the 30,303
investment of the fund shall accrue to the fund. 30,304
If it is determined by the Director of Administrative 30,306
Services that additional appropriation amounts are necessary, the 30,307
Director of Administrative Services may request that the Director 30,308
688
of Budget and Management increase such amounts. Such amounts are 30,309
hereby appropriated. 30,310
Section 9.08. Payroll Withholding Fund 30,312
The foregoing appropriation item 100-629, Payroll 30,314
Deductions, shall be used to make payments from the Payroll 30,315
Withholding Fund (Fund 124). If it is determined by the Director 30,316
of Budget and Management that additional appropriation amounts 30,317
are necessary, such amounts are hereby appropriated. 30,318
Section 9.09. General Services Charges 30,320
The Department of Administrative Services, with the 30,322
approval of the Director of Budget and Management, shall 30,323
establish charges for recovering the costs of administering the 30,324
programs in the General Services Administration Fund (Fund 117) 30,325
and the State Printing Fund (Fund 210). 30,327
Section 9.10. Merchandise for Resale 30,329
The foregoing appropriation item 100-653, General Services 30,331
Resale Merchandise, shall be used to account for merchandise for 30,332
resale, which is administered by the General Services Division. 30,333
Deposits to the fund may comprise the cost of merchandise for 30,334
resale and shipping fees. Notwithstanding any other language to 30,335
the contrary, the Director of Budget and Management may transfer 30,336
up to $150,000 cash from the General Services Resale Merchandise 30,337
Fund (Fund 201) to the General Services Fund (Fund 117) during 30,338
the 1999-2001 biennium. Appropriation item 100-644, General 30,339
Services Division - Operating, shall be used to pay the costs of 30,340
placing the forms distribution inventory on the internet. 30,341
Section 9.11. Unemployment Compensation Fund 30,343
The foregoing appropriation item 100-628, Unemployment 30,345
Compensation, shall be used to make payments from the 30,346
Unemployment Compensation Fund (Fund 113), pursuant to section 30,347
4141.241 of the Revised Code. If it is determined that 30,348
additional amounts are necessary, such amounts are hereby 30,349
appropriated. 30,350
Section 9.12. Governor's Residence Gift 30,352
689
The foregoing appropriation item 100-604, Governor's 30,354
Residence Gift, shall be used to provide part or all of the 30,355
funding related to construction, goods, or services for the 30,356
Governor's residence. All receipts for this purpose shall be 30,357
deposited into Fund 4H2. 30,358
Section 9.13. Investment Recovery Fund 30,360
Of the foregoing appropriation item 100-602, Investment 30,362
Recovery, up to $1,072,187 in fiscal year 2000 and up to 30,363
$1,057,259 in fiscal year 2001 shall be used to pay the operating 30,365
expenses of the State Surplus Property Program and the Surplus 30,366
Federal Property Program pursuant to Chapter 125. of the Revised 30,367
Code. If additional appropriations are necessary for the 30,368
operations of these programs, the Director of Administrative 30,369
Services shall seek increased appropriations from the Controlling 30,370
Board pursuant to section 131.35 of the Revised Code. 30,371
Of the foregoing appropriation item 100-602, Investment 30,373
Recovery, up to $2,249,340 in fiscal year 2000 and $2,355,742 in 30,374
fiscal year 2001 shall be used to transfer proceeds from the sale 30,376
of surplus property from the Investment Recovery Fund to 30,377
non-General Revenue Funds pursuant to division (A)(2) of section 30,378
125.14 of the Revised Code. If it is determined by the Director 30,379
of Administrative Services that additional appropriations are 30,380
necessary for the transfer of such sale proceeds, the Director of 30,381
Administrative Services may request that the Director of Budget 30,382
and Management increase such amounts. Such amounts are hereby 30,383
appropriated.
Notwithstanding section 125.14 of the Revised Code, cash 30,385
balances in the Investment Recovery Fund may be used to support 30,386
the operating expenses of the Federal Surplus Property Program 30,387
created in sections 125.84 to 125.90 of the Revised Code. 30,388
Section 9.14. Departmental MIS 30,390
The foregoing appropriation item 100-603, Departmental MIS 30,392
Services, may be used to pay operating expenses of management 30,393
information systems activities in the Department of 30,394
690
Administrative Services. The Department of Administrative 30,395
Services shall establish charges for recovering the costs of 30,396
management information systems activities. These charges shall 30,397
be deposited to the credit of the Departmental MIS Fund (Fund 30,398
4P3), which is hereby created. 30,399
Notwithstanding any other language to the contrary, the 30,401
Director of Budget and Management may transfer up to $3,725,928 30,402
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 30,403
year 2001 appropriations from appropriation item 100-603, 30,404
Departmental MIS Services, to any Department of Administrative 30,405
Services non-General Revenue Fund appropriation item. The 30,407
appropriations transferred shall be used to make payments for 30,408
management information systems services. Notwithstanding any 30,409
other language to the contrary, the Director of Budget and 30,410
Management may transfer up to $654,383 of fiscal year 2000 30,411
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 30,412
Information Services, to any Department of Administrative 30,413
Services appropriation item in the General Revenue Fund. The 30,414
appropriations transferred shall be used to make payments for 30,415
management information systems services. 30,416
Section 9.15. Telecommunications Fund 30,418
Notwithstanding any other provisions of law to the 30,420
contrary, the Telecommunications Fund (Fund 123) created in 30,421
section 125.15 of the Revised Code shall cease to exist, 30,422
effective July 1, 1999. All assets, liabilities, revenues, and 30,423
obligations associated with the Telecommunications Fund are 30,424
hereby transferred to the Computer Services Fund (Fund 133) on 30,425
the effective date of this section.
Information Technology Fund 30,427
Of the foregoing appropriation item 100-607, Information 30,429
Technology Fund, $6,840,467 in fiscal year 2000 and $5,000,000 in 30,430
fiscal year 2001 shall be used for operating expenses of the Y2K 30,431
Competency Center. These moneys may also be used to assist the 30,432
691
procurement of services and equipment necessary for century date 30,433
conversions.
Section 9.16. Computer Equipment Purchases 30,435
The Director of Administrative Services shall compute the 30,437
amount of revenue attributable to the amortization of all 30,438
equipment purchases from appropriation items 100-607, Information 30,439
Technology Fund; 100-617, Major Computer Purchases; and CAP-837, 30,440
Major Equipment Purchases, which is recovered by the Department 30,441
of Administrative Services as part of the rates charged by Fund 30,442
133, Information Technology Fund. The Director of Budget and 30,443
Management may transfer this cash from Fund 133, Information 30,444
Technology Fund, to Fund 4N6, Equipment Purchases. 30,445
Section 9.17. Multi-Agency Radio Communication System Debt 30,447
Service Payments 30,448
The Director of Administrative Services, in consultation 30,450
with the Multi-Agency Radio Communication System (MARCS) Steering 30,451
Committee and the Director of Budget and Management, shall 30,452
determine the share of debt service payments attributable to 30,453
spending for MARCS components that are not specific to any one 30,454
agency and that shall be charged to agencies supported by the 30,455
motor fuel tax. Such share of debt service payments shall be 30,456
calculated for MARCS capital disbursements made beginning July 1, 30,458
1997. Within thirty days of any payment made from appropriation 30,459
item 100-447, OBA - Building Rent Payments, the Director of 30,460
Administrative Services shall certify to the Director of Budget 30,461
and Management the amount of this share. The Director of Budget 30,462
and Management shall transfer such amounts to the General Revenue 30,463
Fund from the Highway Operating Fund (Fund 002) established in 30,464
section 5735.281 of the Revised Code.
Section 9.18. General Services Refunds 30,466
The foregoing appropriation item 100-646, General Services 30,468
Refunds, shall be used to hold bid guarantee and building plans 30,470
and specifications deposits until they are refunded. The 30,471
Director of Administrative Services may request that the Director 30,472
692
of Budget and Management transfer cash received for the costs of 30,473
providing the building plans and specifications to contractors 30,474
from the General Services Refund Fund to Fund 131, State 30,475
Architect's Office. Prior to the transfer of cash, the Director 30,477
of Administrative Services shall certify that such amounts are in 30,478
excess of amounts required for refunding deposits and are 30,479
directly related to costs of producing building plans and 30,480
specifications. If it is determined that additional 30,481
appropriations are necessary, such amounts are hereby 30,482
appropriated.
Section 10. AAM COMMISSION ON AFRICAN AMERICAN MALES 30,484
General Revenue Fund 30,486
GRF 036-100 Personal Services $ 549,872 $ 563,069 30,490
GRF 036-200 Maintenance $ 125,750 $ 128,768 30,494
TOTAL GRF General Revenue Fund $ 675,622 $ 691,837 30,497
State Special Revenue Fund Group 30,500
4H3 036-601 Commission on African 30,501
American Males -
Gifts/Grants $ 210,000 $ 210,000 30,503
TOTAL SSR State Special Revenue $ 210,000 $ 210,000 30,507
Fund Group
TOTAL ALL BUDGET FUND GROUP $ 885,622 $ 901,837 30,510
Section 11. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 30,513
General Revenue Fund 30,515
GRF 029-321 Operating Expenses $ 381,126 $ 381,126 30,520
TOTAL GRF General Revenue Fund $ 381,126 $ 381,126 30,523
TOTAL ALL BUDGET FUND GROUPS $ 381,126 $ 381,126 30,526
Operating 30,529
The Chief Administrative Officer of the House of 30,531
Representatives and the Clerk of the Senate shall determine, by 30,532
mutual agreement, which of them shall act as the fiscal agent for 30,534
the Joint Committee on Agency Rule Review.
Section 12. AGE DEPARTMENT OF AGING 30,536
General Revenue Fund 30,538
693
GRF 490-100 Personal Services $ 2,038,021 $ 2,010,528 30,543
GRF 490-200 Maintenance $ 898,667 $ 916,640 30,547
GRF 490-300 Equipment $ 16,633 $ 16,966 30,551
GRF 490-403 PASSPORT $ 56,400,000 $ 60,300,000 30,555
GRF 490-404 Eldercare $ 211,287 $ 155,200 30,559
GRF 490-408 STARS $ 2,037,000 $ 2,138,850 30,563
GRF 490-409 Americorps Operations $ 320,000 $ 318,000 30,567
GRF 490-410 Long-Term Care 30,569
Ombudsman $ 1,431,251 $ 1,459,876 30,571
GRF 490-411 Senior Community 30,573
Services $ 13,645,032 $ 13,970,112 30,575
GRF 490-412 Residential State 30,577
Supplement $ 12,000,000 $ 12,800,000 30,579
GRF 490-414 Alzheimers Respite $ 3,027,217 $ 4,527,217 30,583
GRF 490-418 Area Agency on Aging 30,585
Region 9, Inc. $ 77,036 $ 0 30,588
GRF 490-499 Senior Employment 30,590
Program $ 15,504 $ 15,892 30,592
GRF 490-504 Senior Facilities $ 366,354 $ 375,146 30,596
GRF 490-506 Senior Volunteers $ 495,541 $ 506,714 30,600
TOTAL GRF General Revenue Fund $ 92,979,543 $ 99,511,141 30,603
General Services Fund Group 30,606
480 490-606 Senior Citizens 30,609
Services Special
Events $ 347,422 $ 355,760 30,611
TOTAL GSF General Services Fund 30,612
Group $ 347,422 $ 355,760 30,615
Federal Special Revenue Fund Group 30,618
3C4 490-607 PASSPORT $ 115,382,758 $ 125,869,741 30,623
3M3 490-611 Federal Aging 30,625
Nutrition $ 23,487,872 $ 25,010,161 30,627
3M4 490-612 Federal Supportive 30,629
Services $ 16,806,644 $ 18,537,855 30,631
3R7 490-617 Americorps Programs $ 6,116,058 $ 6,408,865 30,635
694
322 490-618 Older Americans 30,637
Support Services $ 11,054,648 $ 11,946,028 30,640
TOTAL FED Federal Special Revenue 30,641
Fund Group $ 172,847,980 $ 187,772,650 30,644
State Special Revenue Fund Group 30,647
4C4 490-609 Regional Long-Term 30,650
Care Ombudsman 30,651
Program $ 420,614 $ 430,709 30,653
4H1 490-603 Aging Services $ 681,087 $ 697,433 30,657
4J4 490-610 PASSPORT/Residential 30,659
State Supplement $ 24,000,000 $ 24,000,000 30,661
4U9 490-602 PASSPORT Fund $ 7,300,000 $ 7,500,000 30,665
TOTAL SSR State Special Revenue 30,666
Fund Group $ 32,401,701 $ 32,628,142 30,669
TOTAL ALL BUDGET FUND GROUPS $ 298,576,646 $ 320,267,693 30,672
Section 12.01. Pre-Admission Review for Nursing Facility 30,675
Admission 30,676
Pursuant to sections 5101.751 and 5101.754 of the Revised 30,679
Code and an interagency agreement, the Department of Human 30,680
Services shall designate the Department of Aging to perform 30,682
assessments under sections 5101.75 and 5111.204 of the Revised 30,684
Code. Of the foregoing appropriation item 490-403, PASSPORT, the 30,686
Department of Aging may use not more than $2,200,000 in fiscal 30,687
year 2000 and $2,332,000 in fiscal year 2001 to perform the 30,689
assessments for persons not eligible for Medicaid in accordance 30,690
with the department's interagency agreement with the Department 30,692
of Human Services in fiscal year 2000 and with the Department of 30,693
Job and Family Services in fiscal year 2001 and to assist
individuals in planning for their long-term health care needs. 30,695
Section 12.02. PASSPORT 30,697
Appropriation item 490-403, PASSPORT, and the amounts set 30,699
aside for the PASSPORT Waiver Program in appropriation item 30,700
490-610, PASSPORT/Residential State Supplement, may be used to 30,702
assess clients regardless of Medicaid eligibility. 30,703
695
The Director of Aging shall adopt rules in accordance with 30,705
section 111.15 of the Revised Code governing the nonwaiver funded 30,706
PASSPORT program, including client eligibility. 30,707
The Department of Aging shall administer the Medicaid 30,709
Waiver funded PASSPORT Home Care program as delegated by the 30,710
Department of Human Services in an interagency agreement. The 30,711
foregoing appropriation items 490-403, PASSPORT, 490-603, Aging 30,712
Services, and the amounts set aside for the PASSPORT Waiver 30,714
Program in appropriation item 490-610, PASSPORT/Residential State 30,715
Supplement, shall be used to provide the required state match for 30,717
federal Medicaid funds supporting the Medicaid Waiver funded 30,718
PASSPORT Home Care program. Appropriation item 490-403, 30,719
PASSPORT, and the amounts set aside for the PASSPORT Waiver 30,720
Program in appropriation item 490-610, PASSPORT/Residential State 30,721
Supplement, may also be used to support the Department of Aging's 30,723
administrative costs associated with operating the PASSPORT 30,724
program.
The foregoing appropriation item 490-607, PASSPORT, shall 30,726
be used to provide the federal matching share for all PASSPORT 30,727
program costs determined by the Department of Human Services to 30,728
be eligible for Medicaid reimbursement. 30,729
Eldercare Pilot 30,731
The foregoing appropriation item 490-404, Eldercare, shall 30,734
be used to fund the existing eldercare service programs and shall 30,735
be limited to providing services to those persons who are 30,736
enrolled in these programs on the effective date of this section. 30,737
STARS 30,739
The STARS (Seniors Teaching and Reaching Students) program 30,741
shall maintain at least one program in a rural district. 30,743
Senior Community Services 30,745
The foregoing appropriation item 490-411, Senior Community 30,747
Services, shall be used for services designated by the Department 30,749
of Aging including, but not limited to, home-delivered meals, 30,751
transportation services, personal care services, respite 30,753
696
services, home repair and care coordination. The Department of 30,755
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 30,757
income, frail, and cognitively impaired persons age 60 and over. 30,759
The department shall promote cost sharing by service recipients 30,761
for those services funded with block grant funds, including, 30,763
where possible, sliding fee scale payment systems based on the 30,765
income of service recipients.
Of the foregoing appropriation item 490-411, Senior 30,767
Community Services, $100,000 in each fiscal year shall be for the 30,768
Visiting Nurses Association of Cleveland. 30,769
Alzheimers Respite 30,771
The foregoing appropriation item 490-414, Alzheimers 30,773
Respite, shall be used only to fund Alzheimer's disease services 30,775
under section 173.04 of the Revised Code.
Residential State Supplement 30,777
Of the foregoing appropriation item 490-412, Residential 30,779
State Supplement, $800,000 in FY 2001 shall be used to increase, 30,780
by at least $24, both the monthly benefit payments to Residential 30,781
State Supplement recipients and the allowable fee the Residential 30,782
State Supplement recipient pays to the provider of the approved 30,783
living arrangement.
Under the Residential State Supplement Program, $850 shall 30,786
be the amount used for determining whether a resident of a 30,787
residential care facility, as defined in section 3721.01 of the 30,789
Revised Code, is eligible for payments under the program and for 30,790
determining the amount per month an eligible resident will 30,791
receive. The Departments of Aging and Human Services shall 30,792
reflect this amount in any applicable rules the departments adopt 30,793
under section 173.35 of the Revised Code. 30,794
The $850 amount shall be increased by at least $24 to 30,796
reflect the $800,000 increase in funding for the Residential 30,797
State Supplement program set aside in fiscal year 2001 in 30,798
appropriation item 490-412.
697
Transfer of Residential State Supplement Appropriations 30,800
The Department of Aging may transfer cash by intrastate 30,802
transfer vouchers from the foregoing appropriation items 490-412, 30,804
Residential State Supplement, and 490-610, PASSPORT/Residential 30,806
State Supplement, to the Department of Human Services' Fund 4J5, 30,808
Home and Community-Based Services for the Aged Fund. The funds 30,810
shall be used to make benefit payments to Residential State 30,812
Supplement recipients.
Long-Term Care Ombudsman 30,814
The foregoing appropriation item 490-410, Long-Term Care 30,816
Ombudsman, shall be used for a program to fund ombudsman program 30,819
activities in nursing homes, adult care facilities, boarding 30,820
homes, and home and community care services. 30,821
Regional Long-Term Care Ombudsman Programs 30,823
The foregoing appropriation item 490-609, Regional 30,825
Long-Term Care Ombudsman Programs, shall be used solely to pay 30,828
the costs of operating the regional long-term care ombudsman 30,829
programs.
PASSPORT/Residential State Supplement 30,831
Of the foregoing appropriation item 490-610, 30,833
PASSPORT/Residential State Supplement, up to $2,835,000 each 30,834
fiscal year shall be used to fund the Residential State 30,836
Supplement program. The remaining available funds shall be used 30,837
to fund the PASSPORT program. 30,838
Section 12.03. Residential State Supplement 30,840
If the Department of Aging, in consultation with the 30,842
Director of Budget and Management, determines that available 30,843
funding is insufficient to make payments to all eligible 30,844
individuals, the department may establish priority policies to 30,845
further limit eligibility criteria. 30,846
Transfer of Appropriations - Federal Aging Nutrition, 30,848
Federal Supportive Services, and Older Americans Support Services 30,850
Upon written request of the Director of the Department of 30,852
Aging, the Director of Budget and Management may transfer 30,854
698
appropriation authority among line items 490-611, Federal Aging 30,856
Nutrition, 490-612, Federal Supportive Services, and 490-618, 30,858
Older Americans Support Services, in amounts not to exceed 30 per
cent of the appropriation from which the transfer is made. The 30,860
Department of Aging shall report such transfers to the 30,862
Controlling Board at the next regularly scheduled meeting of the 30,864
board.
Americorps 30,866
The foregoing appropriation items 490-409, Americorps 30,868
Operations, and 490-617, Americorps Programs, shall be used in 30,870
accordance with section 121.40 of the Revised Code. 30,871
Section 13. AGR DEPARTMENT OF AGRICULTURE 30,873
General Revenue Fund 30,875
GRF 700-321 Operating Expenses $ 3,238,140 $ 3,257,801 30,880
GRF 700-401 Animal Disease 30,882
Control $ 4,068,075 $ 4,058,066 30,884
GRF 700-402 Amusement Ride Safety $ 324,839 $ 320,887 30,888
GRF 700-403 Milk Lab Program $ 1,475,380 $ 1,476,907 30,892
GRF 700-404 Ohio Proud $ 268,859 $ 271,720 30,896
GRF 700-405 Animal Damage Control $ 110,493 $ 111,135 30,900
GRF 700-406 Consumer Analytical 30,902
Lab $ 828,046 $ 817,680 30,904
GRF 700-407 Foods, Dairies, and 30,906
Drugs $ 1,528,717 $ 1,519,869 30,908
GRF 700-409 Farmland Preservation $ 188,942 $ 188,892 30,912
GRF 700-410 Plant Industry $ 1,619,128 $ 1,602,998 30,916
GRF 700-411 International Trade 30,918
and Market
Development $ 1,175,427 $ 1,176,063 30,920
GRF 700-412 Weights and Measures $ 1,064,691 $ 1,066,207 30,924
GRF 700-413 Gypsy Moth Prevention $ 384,232 $ 384,864 30,928
GRF 700-415 Poultry Inspection $ 261,552 $ 262,964 30,932
GRF 700-424 Livestock Testing and 30,934
Inspections $ 200,839 $ 205,659 30,936
699
GRF 700-499 Meat Inspection Match $ 4,651,662 $ 4,604,566 30,940
GRF 700-501 County Agricultural 30,942
Societies $ 455,900 $ 466,842 30,944
GRF 700-503 Swine and Cattle 30,946
Breeder Awards $ 121,250 $ 124,160 30,948
TOTAL GRF General Revenue Fund $ 21,966,172 $ 21,917,280 30,951
Federal Special Revenue Fund Group 30,954
3J4 700-607 Indirect Cost $ 785,968 $ 783,080 30,959
3R2 700-614 Federal Plant 30,961
Industry $ 506,539 $ 492,198 30,963
326 700-618 Meat Inspection 30,965
Service $ 4,451,662 $ 4,444,566 30,967
336 700-617 Ohio Farm Loan 30,969
Revolving Fund $ 194,180 $ 194,180 30,971
382 700-601 Cooperative Contracts $ 697,631 $ 712,631 30,975
TOTAL FED Federal Special Revenue 30,976
Fund Group $ 6,635,980 $ 6,626,655 30,979
State Special Revenue Fund Group 30,982
3T8 700-621 Ohio Agricultural 30,985
Surplus Production
Alliance Initiative $ 1,000,000 $ 1,000,000 30,987
4C9 700-605 Feed, Fertilizer, and 30,989
Lime Inspection $ 791,987 $ 767,311 30,991
4E4 700-606 Utility Radiological 30,993
Safety $ 100,211 $ 99,733 30,995
4P7 700-610 Food Safety $ 237,871 $ 237,453 30,999
4R0 700-636 Ohio Proud Marketing $ 26,291 $ 26,922 31,003
4R2 700-637 Dairy Inspection Fund $ 2,293,385 $ 2,286,261 31,007
4T6 700-611 Poultry and Meat 31,009
Inspection $ 67,002 $ 66,751 31,011
4T7 700-613 International Trade 31,013
Fund $ 29,446 $ 30,153 31,015
4V0 700-602 License Fees $ 33,158 $ 33,954 31,019
700
4V5 700-615 Animal Industry Lab 31,021
Fund $ 13,146 $ 13,461 31,023
493 700-603 Fruits and Vegetables $ 377,621 $ 377,596 31,027
494 700-612 Agricultural 31,029
Commodity Marketing
Program $ 217,206 $ 222,419 31,031
496 700-626 Ohio Grape Industries $ 534,519 $ 531,474 31,035
497 700-627 Commodity Handlers 31,037
Regulatory Program $ 853,883 $ 850,342 31,039
5H2 700-608 Metrology Lab $ 56,412 $ 57,766 31,043
578 700-620 Ride Inspection Fees $ 419,220 $ 403,787 31,047
579 700-630 Scale Certification $ 237,387 $ 237,507 31,051
652 700-634 Laboratory Services $ 1,030,008 $ 1,037,518 31,055
669 700-635 Pesticide Program $ 1,552,133 $ 1,532,077 31,059
TOTAL SSR State Special Revenue
Fund Group $ 9,870,886 $ 9,812,485 31,062
TOTAL ALL BUDGET FUND GROUPS $ 38,473,038 $ 38,356,420 31,065
Exotic Meat Inspection 31,068
Of the foregoing appropriation item 700-499, Meat 31,070
Inspection Match, $10,000 in fiscal year 2000 and $10,000 in 31,071
fiscal year 2001 shall be used for the inspection of exotic meat. 31,072
Ohio Agricultural Surplus Production Alliance Initiative 31,074
Of the foregoing appropriation item 700-621, Ohio 31,077
Agricultural Surplus Production Alliance Initiative (Fund 3T8),
the Department of Agriculture shall use $1,000,000 in each fiscal 31,078
year to coordinate the purchase, storage, and distribution of 31,079
surplus commodities provided by growers, producers, and 31,080
processors with the Ohio Association of Second Harvest Foodbanks 31,081
(OASHF). The moneys shall be used only for the purchase, 31,082
storage, and transportation of these food products, and shall not 31,083
be used for capital construction or the purchase of capital 31,084
goods. No more than $50,000 in each fiscal year may be used for 31,085
administrative expenses. These food products shall be provided 31,086
to TANF eligible individuals. The Director of Agriculture, the 31,087
701
Director of Human Services, and the Director of Job and Family 31,088
Services shall develop operating and reporting guidelines for the 31,089
program.
Section 14. AIR AIR QUALITY DEVELOPMENT AUTHORITY 31,091
Agency Fund Group 31,093
4Z9 898-602 Small Business 31,096
Ombudsman $ 204,600 $ 209,579 31,098
5A0 898-603 Small Business 31,100
Assistance $ 184,140 $ 188,500 31,102
570 898-601 Operating Expenses $ 217,732 $ 223,000 31,106
TOTAL AGY Agency Fund Group $ 606,472 $ 621,079 31,109
TOTAL ALL BUDGET FUND GROUPS $ 606,472 $ 621,079 31,112
Section 15. ADA DEPARTMENT OF ALCOHOL AND 31,115
DRUG ADDICTION SERVICES 31,116
General Revenue Fund 31,118
GRF 038-321 Operating Expenses $ 1,549,614 $ 1,532,505 31,123
GRF 038-401 Alcohol and Drug 31,125
Addiction Services $ 32,081,379 $ 32,418,617 31,127
GRF 038-404 Prevention Services $ 1,429,136 $ 1,455,436 31,131
TOTAL GRF General Revenue Fund $ 35,060,129 $ 35,406,558 31,134
Federal Special Revenue Fund Group 31,137
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 31,142
3G4 038-614 Substance Abuse Block 31,144
Grant $ 61,964,608 $ 61,964,607 31,146
3H8 038-609 Demonstration Grants $ 2,999,879 $ 2,355,089 31,150
3J8 038-610 Medicaid $ 21,500,000 $ 21,500,000 31,154
3N8 038-611 Administrative 31,156
Reimbursement $ 932,509 $ 335,703 31,158
TOTAL FED Federal Special Revenue 31,159
Fund Group $ 91,749,561 $ 90,507,964 31,162
State Special Revenue Fund Group 31,165
4C5 038-606 Revolving 31,168
Loans/Recovery Homes $ 20,460 $ 20,972 31,170
702
475 038-621 Statewide Treatment 31,172
and Prevention $ 15,897,330 $ 16,338,475 31,174
689 038-604 Education and 31,176
Conferences $ 255,516 $ 260,624 31,178
TOTAL SSR State Special Revenue 31,179
Fund Group $ 16,173,306 $ 16,620,071 31,182
TOTAL ALL BUDGET FUND GROUPS $ 142,982,996 $ 142,534,593 31,185
Am. Sub. H.B. 484 of the 122nd General Assembly 31,188
Of the foregoing appropriation item 038-401, Alcohol and 31,190
Drug Addiction Services, all moneys except those designated for 31,191
other purposes in this section shall be expended in accordance 31,192
with the priorities established in Am. Sub. H.B. 484 of the 122nd 31,193
General Assembly.
Vocational Rehabilitation Services Agreement 31,195
The Department of Alcohol and Drug Addiction Services and 31,197
the Rehabilitation Services Commission shall enter into an 31,198
interagency agreement for the provision of vocational 31,199
rehabilitation services and staff to mutually eligible clients. 31,200
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, an amount up to $171,395 in fiscal year 2000 31,202
and $171,395 in fiscal year 2001 may be transferred to the 31,203
Rehabilitation Services Commission appropriation item 415-618, 31,204
Third Party Funding, to provide vocational rehabilitation 31,205
services and staff in accordance with the interagency agreement. 31,206
Treatment Services Expansion 31,208
Of the foregoing appropriation item 038-401, Alcohol and 31,210
Drug Addiction Services, $5,000,000 in fiscal year 2000 and 31,212
$5,000,000 in fiscal year 2001 shall be used by the Department of 31,214
Alcohol and Drug Addiction Services to expand community-based 31,215
treatment of nonviolent offenders, rural treatment services, and 31,216
treatment services to persons under 100% of the federal poverty
guidelines. 31,217
Funding for the Client Engagement and Treatment Outcomes 31,219
Study
703
Of the foregoing appropriation item 038-401, Alcohol and 31,221
Drug Addiction Services, $150,000 in fiscal year 2000 and 31,222
$150,000 in fiscal year 2001 shall be used to fund the study 31,224
required in this section under the heading of Client Engagement 31,225
and Treatment Outcomes Study. The funds shall be allocated to
participating boards for the cost of data collection, 31,226
professional contact with discharged clients, and providing 31,227
non-Medicaid reimbursable supports or services to clients, which 31,228
will aid in relapse prevention or client re-engagement, if 31,229
relapse has occurred. The Department shall use no more than five 31,230
per cent of these funds for administration.
Alcohol and Drug Addiction Services Transfer 31,232
Of the foregoing appropriation item 038-401, Alcohol and 31,234
Drug Addiction Services, $1,500,000 in fiscal year 2000 and 31,235
$2,000,000 in fiscal year 2001 shall be used to provide substance 31,236
abuse prevention and treatment services to children, or their 31,237
families, whose income is at or below 200 per cent of the 31,238
official income poverty guideline. 31,239
Of the foregoing appropriation item 038-401, Alcohol and 31,241
Drug Addiction Services, $123,864 in fiscal year 2000 and 31,242
$271,424 in fiscal year 2001 shall be used to fund adolescent 31,243
youth mentoring programs for children, or their families, whose 31,244
income is at or below 200 per cent of the official income poverty 31,245
guideline. The Director of the Department of Alcohol and Drug 31,246
Addiction Services and the Directors of the Department of Human 31,247
Services and Job and Family Services shall develop operating and 31,248
reporting guidelines for these programs. 31,249
Community Treatment Services 31,251
Of the foregoing appropriation item 038-401, Alcohol and 31,253
Drug Addiction Services, $100,000 in each fiscal year shall go to 31,254
the Stark County Alcohol and Drug Addiction Services Center to 31,255
provide treatment services. 31,256
Parent Awareness Task Force 31,258
The Parent Awareness Task Force shall study ways to engage 31,260
704
more parents in activities, coalitions, and educational programs 31,261
in Ohio relating to alcohol and other drug abuse prevention. Of 31,262
the foregoing appropriation item 038-404, Prevention Services, 31,263
$30,000 in each fiscal year may be used to support the functions 31,264
of the Parent Awareness Task Force.
Fund Adjustments 31,266
Effective July 1, 1999, or as soon thereafter as possible, 31,268
the Director of Budget and Management shall transfer the cash 31,270
balance in the Driver's Treatment and Intervention Fund (Fund 31,271
474), which is abolished in division (L)(2)(a) of section 31,272
4511.191 of the Revised Code as amended by this act, to the
Statewide Treatment and Prevention Fund (Fund 475), which is 31,274
created in section 4301.30 of the Revised Code and was formerly 31,275
named the Alcoholism Detoxification Centers Fund. The Director
shall cancel any existing encumbrances against appropriation item 31,277
038-628, DWI Treatment (Fund 474), and reestablish them against 31,278
appropriation item 038-621, Statewide Treatment and Prevention,
Fund 475. The amounts of the reestablished encumbrances are 31,279
hereby appropriated. 31,280
Client Engagement and Treatment Outcomes Study 31,283
(A) Not later than thirty days after the effective date of 31,285
this section, the Department of Alcohol and Drug Addiction 31,286
Services shall convene a study council for the purpose of 31,287
studying client engagement and treatment outcomes. The council 31,288
shall include, at a minimum, representatives of at least four 31,289
different boards of alcohol, drug addiction, and mental health 31,290
services serving urban and rural alcohol, drug addiction, and 31,291
mental health service districts; representatives of certified 31,292
alcohol and drug addiction programs under contract with boards of 31,293
alcohol, drug addiction, and mental health services to provide 31,294
comprehensive addiction services; and other professionals with 31,295
interest or expertise in client engagement and treatment 31,296
outcomes. The department shall recruit persons who have 31,297
successfully completed the treatment goals of an individualized 31,298
705
treatment plan developed by the type of alcohol and drug 31,299
addiction program represented on the council to volunteer as 31,300
subjects of the study. As a condition of volunteering to be a 31,301
subject, a person must consent in accordance with section 3793.13 31,302
of the Revised Code to the study council receiving and using in 31,303
the study the person's records and information that otherwise are 31,304
confidential under that section.
(B) The study council shall do all of the following: 31,306
(1) Conduct the study for two years; 31,308
(2) Design the study; 31,310
(3) Use at least the following methodologies in conducting 31,312
the study: 31,313
(a) Having a professional contact a subject of the study 31,315
on the fifteenth, thirtieth, sixtieth, one hundred eightieth, and 31,316
three hundred sixtieth day after the subject's discharge from 31,318
treatment;
(b) In the case of a subject involved in the criminal 31,320
justice system, having a review conducted of court-ordered 31,321
testing and other existing records available to the council; 31,322
(c) Having a subject's family, neighbors, or employer 31,324
contacted if the subject gives permission for the contact. 31,325
(4) Establish requirements for the study's conduct, 31,327
including the method of collecting data and analyzing the data; 31,328
(5) Collect data with which to measure outcome variables, 31,330
including relapse, criminal recidivism, and employment status 31,331
among the subjects of the study; 31,332
(6) Determine the most successful means of, and time 31,334
frames for, intervening with the subjects of the study after 31,335
discharge from alcohol and drug addiction treatment to prevent 31,336
relapse, maximize life stability, and, in the case of subjects 31,337
who relapse, intervene as early as possible to assist them in 31,338
participating in appropriate services and activities; 31,339
(7) Recommend changes to existing statewide clinical 31,341
protocols and quality standards for publicly funded alcohol and 31,342
706
drug addiction treatment services with the goal of reducing rates 31,343
of relapse after treatment discharge; 31,344
(8) Issue progress reports to the department as required 31,346
by the department; 31,347
(9) Not later than ninety days after the conclusion of the 31,349
study, issue a final report to the department, the Speaker and 31,350
Minority Leader of the House of Representatives, and the 31,351
President and Minority Leader of the Senate. The final report 31,352
shall contain the council's recommendations for changes to state 31,353
law and rules with the goal of improving clinical quality and 31,354
reducing rates of relapse following treatment discharge. 31,355
(C) The study council shall cease to exist on completion 31,357
of its final report. 31,358
(D) The department shall look for and pursue funding 31,360
available to support the work of the study council, including any 31,361
funding available from the United States Substance Abuse and 31,362
Mental Health Services Administration and private charitable 31,363
foundations.
Section 16. AMB AMBULANCE LICENSING BOARD 31,365
General Services Fund Group 31,367
4N1 915-601 Operating Expenses $ 238,563 $ 235,570 31,372
TOTAL GSF General Services 31,373
Fund Group $ 238,563 $ 235,570 31,376
TOTAL ALL BUDGET FUND GROUPS $ 238,563 $ 235,570 31,379
Section 17. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 31,382
General Services Fund Group 31,384
4K9 891-609 Operating Expenses $ 430,407 $ 430,473 31,389
TOTAL GSF General Services Fund 31,390
Group $ 430,407 $ 430,473 31,393
TOTAL ALL BUDGET FUND GROUPS $ 430,407 $ 430,473 31,396
Section 18. ART OHIO ARTS COUNCIL 31,400
General Revenue Fund 31,402
GRF 370-100 Personal Services $ 2,152,354 $ 2,183,954 31,407
GRF 370-200 Maintenance $ 565,024 $ 578,585 31,411
707
GRF 370-300 Equipment $ 33,500 $ 34,304 31,415
GRF 370-502 Program Subsidies $ 12,680,992 $ 12,998,016 31,419
TOTAL GRF General Revenue Fund $ 15,431,870 $ 15,794,859 31,422
General Services Fund Group 31,425
4B7 370-603 Per Cent for Art 31,428
Acquisitions $ 81,066 $ 83,012 31,430
460 370-602 Gifts and Donations $ 121,661 $ 124,368 31,434
TOTAL GSF General Services Fund 31,435
Group $ 202,727 $ 207,380 31,438
Federal Special Revenue Fund Group 31,441
314 370-601 Federal Programs $ 664,600 $ 664,600 31,446
TOTAL FED Federal Special Revenue 31,447
Fund Group $ 664,600 $ 664,600 31,450
TOTAL ALL BUDGET FUND GROUPS $ 15,799,197 $ 16,666,839 31,453
Program Subsidies 31,456
A museum is not eligible to receive funds from 31,458
appropriation item 370-502, Program Subsidies, if $8,000,000 or 31,459
more in capital appropriations were appropriated by the state for 31,460
the museum between January 1, 1986, and December 31, 2000. 31,461
Per Cent for Art Acquisitions 31,463
The unobligated balance remaining from prior projects of 31,465
appropriation item 370-603, Per Cent for Art Acquisitions, shall 31,467
be used by the Ohio Arts Council to pay for start-up costs in 31,468
connection with the selection of artists of new Per Cent for Art 31,469
projects.
In accordance with section 3379.10 of the Revised Code, the 31,471
Director of Budget and Management shall determine which 31,472
appropriations in this act are subject to the Per Cent for the 31,473
Arts Program. Not later than forty-five days after the effective 31,474
date of this section, the Director of Budget and Management shall 31,475
submit to the Director of the Ohio Arts Council and the 31,476
Controlling Board a report detailing the affected capital 31,477
projects by agency and appropriation item number, the amount of 31,479
the appropriation, and the amount of the appropriation reserved 31,480
708
for the Per Cent for the Arts Program.
Section 19. AFC OHIO ARTS AND SPORTS FACILITIES 31,483
COMMISSION 31,484
General Revenue Fund 31,486
GRF 371-321 Operating Expenses $ 908,925 $ 940,557 31,491
GRF 371-401 Lease Rental Payments $ 24,400,000 $ 32,600,000 31,495
TOTAL GRF General Revenue Fund $ 25,308,925 $ 33,540,557 31,498
General Services Fund Group 31,501
4T8 371-601 Riffe Theatre 31,504
Equipment Maintenance $ 21,622 $ 22,141 31,506
TOTAL GSF General Services Fund 31,507
Group $ 21,622 $ 22,141 31,510
TOTAL ALL BUDGET FUND GROUPS $ 25,330,547 $ 33,562,698 31,513
Capital Donations Fund 31,516
The Executive Director of the Arts and Sports Facilities 31,518
Commission shall certify to the Director of Budget and Management 31,519
the amount of cash receipts and related investment income, 31,520
irrevocable letters of credit from a bank or private nonprofit 31,521
entity, or certification of the availability of funds which have 31,522
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 31,523
appropriation item 371-602, Capital Donations. Prior to 31,525
certifying these amounts to the director, the executive director 31,526
shall make a written agreement with the participating entity on 31,527
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 31,528
Capital Donations Fund Refunds 31,530
At the request of the Arts and Sports Facilities 31,532
Commission, the Director of Budget and Management shall cancel 31,533
current and prior year encumbrances in appropriation item 31,534
371-602, Capital Donations Fund, which are no longer needed for a 31,535
project to refund excess donations as authorized in section
3383.08 of the Revised Code. As determined by the Director of 31,536
Budget and Management, the appropriation authority necessary to 31,537
709
make the refund is hereby appropriated. 31,538
Ohio Building Authority Lease Payments 31,540
Appropriations to the Arts and Sports Facilities Commission 31,542
from the General Revenue Fund include $57,000,000 for the 31,543
biennium for appropriation item 371-401, Lease Rental Payments. 31,544
This appropriation shall be used for payments to the Ohio 31,545
Building Authority for the period July 1, 1999 to June 30, 2001, 31,546
pursuant to the primary leases and agreements for those buildings 31,547
made under Chapter 152. of the Revised Code which are the source 31,548
of funds pledged for bond service charges on related obligations 31,549
issued pursuant to Chapter 152. of the Revised Code. 31,550
Section 20. ATH ATHLETIC COMMISSION 31,552
Special Services Fund Group 31,554
4K9 175-609 Athletic Commission - 31,557
Operating $ 137,640 $ 137,946 31,559
TOTAL GSF General Services Fund $ 137,640 $ 137,946 31,562
Group
TOTAL ALL BUDGET FUND GROUPS $ 137,640 $ 137,946 31,565
Section 21. AGO ATTORNEY GENERAL 31,568
General Revenue Fund 31,570
GRF 055-321 Operating Expenses $ 56,367,407 $ 60,440,184 31,575
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 31,579
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 31,583
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 31,587
TOTAL GRF General Revenue Fund $ 57,643,210 $ 61,751,710 31,590
General Services Fund Group 31,593
106 055-612 General Reimbursement $ 11,252,999 $ 11,610,180 31,598
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 31,602
195 055-660 Workers' Compensation 31,604
Section $ 6,646,301 $ 6,794,833 31,606
4Y7 055-608 Title Defect 31,608
Rescission $ 785,800 $ 807,141 31,610
4Z2 055-609 BCI Asset Forfeiture 31,612
and Cost
710
Reimbursement $ 308,400 $ 317,035 31,614
418 055-615 Charitable 31,616
Foundations $ 1,460,757 $ 1,498,158 31,618
420 055-603 Attorney General 31,620
Antitrust $ 220,108 $ 226,184 31,622
421 055-617 Police Officers' 31,624
Training Academy Fee $ 1,035,353 $ 1,062,272 31,626
5A9 055-618 Telemarketing Fraud 31,628
Enforcement $ 50,000 $ 50,000 31,630
590 055-633 Peace Officer Private 31,632
Security Fund $ 85,962 $ 90,790 31,634
629 055-636 Corrupt Activity 31,636
Investigation and
Prosecution $ 100,503 $ 103,317 31,638
631 055-637 Consumer Protection 31,640
Enforcement $ 490,936 $ 503,555 31,642
TOTAL GSF General Services Fund 31,643
Group $ 23,501,778 $ 24,179,934 31,646
Federal Special Revenue Fund Group 31,648
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 31,653
3R6 055-613 Attorney General 31,655
Federal Funds $ 1,000,000 $ 1,000,000 31,657
306 055-620 Medicaid Fraud 31,659
Control $ 2,515,772 $ 2,515,772 31,661
381 055-611 Civil Rights Legal 31,663
Service $ 315,329 $ 315,329 31,665
383 055-634 Crime Victims 31,667
Assistance $ 8,000,000 $ 6,500,000 31,669
TOTAL FED Federal Special Revenue 31,670
Fund Group $ 14,481,101 $ 12,981,101 31,673
State Special Revenue Fund Group 31,676
108 055-622 Crime Victims 31,679
Compensation $ 4,039,318 $ 4,142,419 31,681
711
176 055-625 Victims Assistance 31,683
Office $ 374,768 $ 384,353 31,685
177 055-626 Victims Assistance 31,687
Programs $ 1,745,612 $ 1,794,489 31,689
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 31,693
417 055-621 Domestic Violence 31,695
Shelter $ 13,458 $ 13,835 31,697
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 31,701
659 055-641 Solid and Hazardous 31,703
Waste Background
Investigations $ 756,162 $ 775,535 31,705
TOTAL SSR State Special Revenue 31,706
Fund Group $ 27,408,071 $ 28,032,538 31,709
Holding Account Redistribution Fund Group 31,712
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 31,717
R04 055-631 General Holding 31,719
Account $ 75,000 $ 75,000 31,721
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 31,725
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 31,729
R42 055-601 Organized Crime 31,731
Commission Account $ 200,000 $ 200,000 31,733
TOTAL 090 Holding Account 31,734
Redistribution Fund Group $ 1,040,600 $ 1,040,600 31,737
TOTAL ALL BUDGET FUND GROUPS $ 124,074,760 $ 127,985,883 31,740
Law-Related Education 31,743
The foregoing appropriation item 055-405, Law-Related 31,745
Education, shall be distributed directly to the Ohio Center for 31,746
Law-Related Education for the purposes of providing continuing 31,747
citizenship education activities to primary and secondary 31,748
students and accessing additional public and private money for 31,749
new programs. 31,750
Workers' Compensation Section 31,752
The Workers' Compensation Section Fund (Fund 195) shall 31,754
receive payments from the Bureau of Workers' Compensation and the 31,755
712
Ohio Industrial Commission at the beginning of each quarter of 31,756
each fiscal year to fund legal services to be provided to the 31,757
Bureau of Workers' Compensation and the Ohio Industrial 31,758
Commission during the ensuing quarter. Such advance payment 31,759
shall be subject to adjustment. 31,760
In addition, the Bureau of Workers' Compensation shall 31,762
transfer payments at the beginning of each quarter for the 31,763
support of the Workers' Compensation Fraud Unit. 31,764
All amounts shall be mutually agreed upon by the Attorney 31,766
General, the Bureau of Workers' Compensation, and the Ohio 31,767
Industrial Commission. 31,768
Corrupt Activity Investigation and Prosecution 31,770
The foregoing appropriation item 055-636, Corrupt Activity 31,772
Investigation and Prosecution, shall be used as provided by 31,773
division (D)(2) of section 2923.35 of the Revised Code to dispose 31,774
of the proceeds, fines, and penalties credited to the Corrupt 31,775
Activity Investigation and Prosecution Fund, which is created in 31,776
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 31,777
is determined that additional amounts are necessary, the amounts 31,778
are hereby appropriated.
Section 22. AUD AUDITOR OF STATE 31,780
General Revenue Fund 31,782
GRF 070-321 Operating Expenses $ 33,329,077 $ 33,625,207 31,787
GRF 070-403 Fiscal 31,789
Watch/Emergency
Technical Assistance $ 250,000 $ 250,000 31,791
GRF 070-405 Electronic Data 31,793
Processing - Auditing
and Administration $ 850,406 $ 858,421 31,795
GRF 070-406 Uniform Accounting 31,797
Network/Technology
Improvements Fund $ 3,500,000 $ 5,500,000 31,799
TOTAL GRF General Revenue Fund $ 37,929,483 $ 40,233,628 31,802
General Services Fund Group 31,805
713
109 070-601 Public Audit Expense 31,808
- Intra-State $ 8,713,266 $ 8,933,768 31,810
422 070-601 Public Audit Expense 31,812
- Local Government $ 35,568,004 $ 36,472,007 31,814
584 070-603 Training Program $ 164,558 $ 168,819 31,818
675 070-605 Uniform Accounting 31,820
Network $ 1,196,458 $ 1,229,253 31,822
TOTAL GSF General Services Fund 31,823
Group $ 45,642,286 $ 46,803,847 31,826
Holding Account Redistribution Fund Group 31,829
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 31,834
TOTAL 090 Holding Account 31,835
Redistribution Fund Group $ 200,000 $ 200,000 31,838
TOTAL ALL BUDGET FUND GROUPS $ 83,771,769 $ 87,237,475 31,841
Electronic Data Processing 31,844
The unencumbered balance of appropriation item 070-405, 31,846
Electronic Data Processing-Auditing and Administration, at the 31,847
end of fiscal year 2000 is hereby transferred to fiscal year 2001 31,848
for use under the same appropriation item. 31,849
Uniform Accounting Network/Technology Improvements Fund 31,851
The foregoing appropriation item 070-406, Uniform 31,853
Accounting Network/Technology Improvements Fund, shall be used to 31,854
pay the costs of the development and implementation of the 31,857
Uniform Accounting Network and technology improvements for the 31,858
Auditor of State's Office. The unencumbered balance of the 31,859
appropriation at the end of fiscal year 2000 is hereby 31,860
transferred to fiscal year 2001 to pay the costs of the 31,861
development and implementation of the Uniform Accounting Network 31,862
and technology improvements for the Auditor of State's Office. 31,863
Section 23. BRB BOARD OF BARBER EXAMINERS 31,865
General Services Fund Group 31,867
4K9 877-609 Operating Expenses $ 450,186 $ 442,657 31,872
TOTAL GSF General Services Fund 31,873
Group $ 450,186 $ 442,657 31,876
714
TOTAL ALL BUDGET FUND GROUPS $ 450,186 $ 442,657 31,879
Section 24. OBM OFFICE OF BUDGET AND MANAGEMENT 31,882
General Revenue Fund 31,884
GRF 042-321 Budget Development 31,887
and Implementation $ 2,250,596 $ 2,249,452 31,889
GRF 042-401 Office of Quality 31,891
Services $ 597,326 $ 581,355 31,893
GRF 042-410 National Association 31,895
Dues $ 24,360 $ 25,578 31,897
GRF 042-412 Biennial Audit $ 0 $ 42,000 31,901
GRF 042-434 Financial Planning 31,903
Commissions $ 381,493 $ 333,795 31,905
TOTAL GRF General Revenue Fund $ 3,253,775 $ 3,232,180 31,908
General Services Fund Group 31,911
105 042-603 State Accounting $ 8,078,632 $ 8,067,780 31,916
4C1 042-601 Quality Services 31,918
Academy $ 120,000 $ 125,000 31,920
TOTAL GSF General Services Fund 31,921
Group $ 8,198,632 $ 8,192,780 31,924
TOTAL ALL BUDGET FUND GROUPS $ 11,452,407 $ 11,424,960 31,927
Office of Quality Services 31,930
A portion of the foregoing appropriation item 042-401, 31,932
Office of Quality Services, may be used to provide financial 31,933
sponsorship support for conferences and showcases that promote 31,934
quality improvement efforts. Such expenditures are not subject 31,935
to Chapter 125. of the Revised Code.
Quality Conferences 31,937
The Office of Quality Services may cosponsor the Team-Up 31,939
Ohio Conference and the Team Excellence in the Public Sector 31,940
(TEPS) Showcase. The office may grant funds to other sponsoring 31,941
entities for the purpose of conducting these events, provided 31,942
that such grants are used exclusively for the direct expenses of 31,943
the events.
Any state agency, at the discretion and with the approval 31,945
715
of the director or other executive authority of the agency, may 31,946
provide financial or in-kind support for the Team-Up Ohio 31,947
Conference and Team Excellence in the Public Sector (TEPS) 31,948
Showcase cosponsored by the Office of Quality Services. Any
financial contribution made by an agency shall not exceed $3,000 31,949
annually.
Audit Costs 31,951
Of the foregoing appropriation item 042-603, State 31,953
Accounting, no more than $310,000 in fiscal year 2000 and 31,954
$325,000 in fiscal year 2001 shall be used to pay for centralized 31,955
audit costs associated with either Single Audit Schedules or the 31,956
General Purpose Financial Statements for the state. 31,957
Section 25. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 31,959
General Revenue Fund 31,961
GRF 874-321 Operating Expenses $ 4,473,069 $ 4,071,007 31,966
TOTAL GRF General Revenue Fund $ 4,473,069 $ 4,071,007 31,969
General Services Fund Group 31,972
4G5 874-603 Capitol Square 31,975
Maintenance Expenses $ 952,492 $ 979,162 31,978
4S7 874-602 Statehouse Gift 31,980
Shop/Events $ 216,325 $ 221,930 31,982
4T2 874-604 Government 31,984
Television/
Telecommunications
Operating $ 318,304 $ 327,217 31,986
TOTAL GSF General Services 31,987
Fund Group $ 1,487,121 $ 1,528,309 31,990
Underground Parking Garage 31,993
208 874-601 Underground Parking 31,996
Garage Operating $ 2,349,722 $ 2,412,097 31,998
TOTAL UPG Underground Parking 31,999
Garage $ 2,349,722 $ 2,412,097 32,002
TOTAL ALL BUDGET FUND GROUPS $ 8,309,912 $ 8,011,413 32,005
Capitol Square Retaining Wall 32,008
716
Of the foregoing appropriation item 874-321, Operating 32,010
Expenses, $500,000 in fiscal year 2000 shall be used to complete 32,011
the replacement of the Capitol Square retaining wall. 32,012
Ohio Government Telecommunications 32,014
The foregoing appropriation item 874-604, Government 32,016
Television/Telecommunications Operating Fund, shall be used to 32,018
pay for the operations of the Ohio Government Telecommunications 32,019
program.
Cash Transfer to the Department of Commerce 32,021
Within 60 days of the effective date of this section, the 32,023
Director of Budget and Management shall transfer $500,000 cash 32,024
from the Capitol Square Review and Advisory Board Revival 32,025
Reimbursement Fund (Fund 4Y9) to the Department of Commerce's 32,026
Division of Administration fund (Fund 163). This cash transfer
shall be used to repay a fiscal year 1994 loan. 32,027
Section 26. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 32,029
General Services Fund Group 32,031
4K9 878-609 Operating Expenses $ 486,723 $ 496,163 32,036
TOTAL GSF General Services Fund 32,037
Group $ 486,723 $ 496,163 32,040
TOTAL ALL BUDGET FUND GROUPS $ 486,723 $ 496,163 32,043
Section 27. CIV OHIO CIVIL RIGHTS COMMISSION 32,046
General Revenue Fund 32,048
GRF 876-100 Personal Services $ 9,281,149 $ 9,467,977 32,053
GRF 876-200 Maintenance $ 1,068,519 $ 1,094,163 32,057
GRF 876-300 Equipment $ 121,033 $ 123,938 32,061
TOTAL GRF General Revenue Fund $ 10,470,701 $ 10,686,078 32,064
Federal Special Revenue Fund Group 32,067
334 876-601 Federal Programs $ 2,376,200 $ 2,381,200 32,072
TOTAL FED Federal Special Revenue 32,073
Fund Group $ 2,376,200 $ 2,381,200 32,076
State Special Revenue Fund Group 32,079
217 876-604 General Reimbursement $ 20,000 $ 20,000 32,084
TOTAL SSR State Special 32,085
717
Revenue Fund Group $ 20,000 $ 20,000 32,088
TOTAL ALL BUDGET FUND GROUPS $ 12,866,901 $ 13,087,278 32,091
Section 28. COM DEPARTMENT OF COMMERCE 32,094
General Revenue Fund 32,096
GRF 800-402 Grants - Volunteer 32,099
Fire Departments $ 782,478 $ 819,807 32,101
Total GRF General Revenue Fund $ 782,478 $ 819,807 32,104
General Services Fund Group 32,107
163 800-620 Division of 32,110
Administration $ 4,771,766 $ 4,787,925 32,112
TOTAL GSF General Services Fund 32,113
Group $ 4,771,766 $ 4,787,925 32,116
Federal Special Revenue Fund Group 32,119
348 800-622 Underground Storage 32,122
Tanks $ 200,580 $ 195,008 32,124
348 800-624 Leaking Underground 32,126
Storage Tanks $ 1,314,605 $ 1,295,920 32,128
TOTAL FED Federal Special Revenue 32,129
Fund Group $ 1,515,185 $ 1,490,928 32,132
State Special Revenue Fund Group 32,135
4B2 800-631 Real Estate Appraisal 32,138
Recovery $ 68,500 $ 68,500 32,140
4D2 800-605 Auction Education $ 30,230 $ 30,476 32,144
4H9 800-608 Cemeteries $ 237,344 $ 243,434 32,148
4L5 800-609 Fireworks Training 32,150
and Education $ 5,000 $ 5,000 32,152
4X2 800-619 Financial 32,154
Institutions $ 1,920,385 $ 1,873,615 32,156
5B8 800-628 Auctioneers $ 347,591 $ 323,316 32,160
5B9 800-632 PI & Security Guard 32,162
Provider $ 935,159 $ 940,874 32,164
543 800-602 Unclaimed 32,166
Funds-Operating $ 4,611,007 $ 4,663,857 32,168
718
543 800-625 Unclaimed 32,170
Funds-Claims $ 23,783,981 $ 24,354,796 32,172
544 800-612 Banks $ 5,979,092 $ 5,956,369 32,176
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 32,180
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 32,184
547 800-603 Real Estate 32,186
Education/Research $ 248,237 $ 254,194 32,188
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 32,192
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 32,196
550 800-617 Securities $ 4,675,239 $ 4,639,787 32,200
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 32,204
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 32,208
556 800-615 Industrial Compliance $ 19,321,973 $ 19,052,662 32,212
6A4 800-630 Real Estate 32,214
Appraiser-Operating $ 496,596 $ 489,207 32,216
653 800-629 UST 32,218
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 32,220
TOTAL SSR State Special Revenue 32,221
Fund Group $ 83,426,495 $ 83,443,569 32,224
Liquor Control Fund Group 32,227
043 800-321 Liquor Control 32,230
Operating $ 15,694,491 $ 14,245,821 32,232
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 32,236
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 32,240
TOTAL LCF Liquor Control 32,241
Fund Group $ 306,119,075 $ 312,805,522 32,244
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,347,751 32,247
Grants - Volunteer Fire Departments 32,250
The foregoing appropriation item 800-402, Grants - 32,252
Volunteer Fire Departments, shall be used to make annual grants 32,253
to volunteer fire departments of up to $10,000, or up to $25,000 32,254
in cases when the volunteer fire department provides service for 32,255
an area affected by a natural disaster. The program shall be 32,257
719
administered by the Fire Marshal under the Department of 32,258
Commerce. The Fire Marshal shall issue necessary rules for the 32,259
administration and operation of this program. 32,260
Unclaimed Funds Payments 32,262
The foregoing appropriation item 800-625, Unclaimed 32,264
Funds-Claims, shall be used to pay claims pursuant to section 32,265
169.08 of the Revised Code. If it is determined that additional 32,266
amounts are necessary, the amounts are hereby appropriated. 32,267
Increased Appropriation Authority - Merchandising 32,269
The Director of Commerce may, upon concurrence by the 32,271
Director of Budget and Management, submit to the Controlling 32,272
Board for approval a request for increased appropriation 32,273
authority for appropriation item 800-601, Merchandising. 32,274
Administrative Assessments 32,276
Notwithstanding any other provision of law to the contrary, 32,278
Fund 163, Administration, shall receive assessments from all 32,279
operating funds of the department in accordance with procedures 32,280
prescribed by the Director of Commerce and approved by the 32,281
Director of Budget and Management.
Cash Balance Transfer 32,283
On July 1, 1999, or as soon thereafter as possible, the 32,285
Director of Budget and Management shall transfer the cash balance 32,286
in the Savings Bank Fund (Fund 4G8), which was abolished in this 32,287
act by the repeal of section 1163.17 of the Revised Code, to the 32,288
Savings Institutions Fund (Fund 545), which is created in this 32,289
act by the enactment of section 1181.18 of the Revised Code. The
Director shall cancel any existing encumbrances against 32,290
appropriation item 800-606, Savings Banks, and reestablish them 32,291
against appropriation item, 800-613, Savings Institutions (Fund 32,292
545). The amounts of the reestablished encumbrances are hereby 32,293
appropriated.
Section 29. OCC OFFICE OF CONSUMERS' COUNSEL 32,295
General Services Fund Group 32,297
5F5 053-601 Operating Expenses $ 7,114,415 $ 7,082,869 32,302
720
TOTAL GSF General Services 32,303
Fund Group $ 7,114,415 $ 7,082,869 32,306
TOTAL ALL BUDGET FUND GROUPS $ 7,114,415 $ 7,082,869 32,309
Section 30. CEB CONTROLLING BOARD 32,312
General Revenue Fund 32,314
GRF 911-401 Emergency 32,317
Purposes/Contingencies$ 6,000,000 $ 6,000,000 32,319
GRF 911-402 Employee Compensation 32,321
Adjustment $ 0 $ 38,000,000 32,323
GRF 911-403 School District 32,325
Financial Planning $ 500,000 $ 500,000 32,327
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 32,331
GRF 911-419 Foster Caregiver 32,333
Training $ 0 $ 3,000,000 32,335
GRF 911-441 Ballot Advertising 32,337
Costs $ 800,000 $ 800,000 32,339
TOTAL GRF General Revenue Fund $ 9,300,000 $ 50,300,000 32,342
State Special Revenue Fund Group 32,344
5E2 911-601 Disaster Services $ 5,000,000 $ 0 32,349
TOTAL SSR State Special 32,350
Revenue Fund Group $ 5,000,000 $ 0 32,353
TOTAL ALL BUDGET FUND GROUPS $ 14,300,000 $ 50,300,000 32,356
Federal Share 32,359
In transferring appropriations to or from appropriation 32,361
items that have federal shares identified in this act, the 32,363
Controlling Board shall add or subtract corresponding amounts of 32,364
federal matching funds at the percentages indicated by the state 32,365
and federal division of the appropriations in this act. Such 32,367
changes are hereby appropriated. 32,368
Disaster Assistance 32,370
Pursuant to requests submitted by the Department of Public 32,372
Safety, the Controlling Board may approve transfers from the 32,373
foregoing appropriation item 911-401, Emergency 32,374
Purposes/Contingencies, to a Department of Public Safety General 32,375
721
Revenue Fund appropriation item to provide funding for assistance 32,376
to political subdivisions made necessary by natural disasters or 32,377
emergencies. Such transfers may be requested and approved prior 32,378
to the occurrence of any specific natural disasters or 32,379
emergencies in order to facilitate the provision of timely 32,380
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 32,381
that meet Controlling Board criteria for assistance. The 32,382
department shall submit a report to the Controlling Board 32,383
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 32,385
The Office of Criminal Justice Services and the Public 32,387
Defender Commission may each request, upon approval of the 32,388
Director of Budget and Management, additional funds from the 32,389
foregoing appropriation item 911-401, Emergency 32,390
Purposes/Contingencies, for costs related to the disturbance that 32,391
occurred on April 11, 1993, at the Southern Ohio Correctional 32,392
Facility in Lucasville, Ohio. 32,393
Disaster Services 32,395
The foregoing appropriation item 911-601, Disaster 32,397
Services, shall be used by the Controlling Board, pursuant to 32,399
requests submitted by state agencies, to transfer cash and 32,400
appropriation authority to any fund and appropriation line item 32,401
of the state for the payment of state agency program expenses 32,403
related to the following:
(A) The southern Ohio flooding, referred to as 32,406
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 32,410
FEMA-DR-1227-OH; and
(C) If the Director of Budget and Management determines 32,414
that sufficient funds exist beyond the expected program costs of 32,415
these two disasters, other disasters declared by the Governor. 32,417
The amount appropriated in fiscal year 2000 for the 32,419
foregoing appropriation item 911-601, Disaster Services, is the 32,421
722
unencumbered and unallotted cash balance that exists in Fund 5E2
on June 30, 1999. 32,422
Employee Compensation 32,424
Notwithstanding division (D) of section 127.14 and division 32,426
(B) of section 131.35 of the Revised Code, except for the General 32,427
Revenue Fund, the Controlling Board may, upon the request of 32,428
either the Director of Budget and Management, or a state agency 32,429
with the approval of the Director of Budget and Management, 32,430
increase appropriations for any fund, as necessary for the 32,431
various state agencies, to assist in paying the costs of 32,432
increases in employee compensation that occur on or after July 1, 32,433
2000, that are provided pursuant to collective bargaining 32,434
agreements under Chapter 4117. of the Revised Code and the costs 32,435
of increased compensation provided for employees that are exempt 32,436
from collective bargaining. 32,437
The Controlling Board may transfer appropriations from the 32,439
foregoing appropriation item 911-402, Employee Compensation 32,440
Adjustment, to the various agencies based on requests submitted 32,441
by the Director of Budget and Management to assist in paying for 32,442
the General Revenue Fund's share of employee compensation 32,443
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 32,444
compensation that are provided to employees that are exempt from 32,445
collective bargaining.
School District Financial Planning 32,447
The foregoing appropriation item 911-403, School District 32,449
Financial Planning, shall be used to pay costs of implementing 32,450
the school district watch and fiscal emergency provisions of 32,451
sections 3316.01 to 3316.08 of the Revised Code, including the 32,452
expenses of the school district financial planning and 32,453
supervision commission. Upon the request of any agency involved 32,454
in implementing the school district watch or fiscal emergency 32,455
provisions, the Controlling Board may transfer all or part of the 32,457
appropriation to the agency.
723
Mandate Assistance 32,459
(A) The foregoing appropriation item 911-404, Mandate 32,461
Assistance, shall be used to provide financial assistance to 32,462
local units of government, school districts, and fire departments 32,464
for the cost of the following three unfunded state mandates: 32,465
(1) The cost to county prosecutors for prosecuting certain 32,467
felonies that occur on the grounds of state institutions operated 32,469
by the Department of Rehabilitation and Correction and the 32,470
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 32,472
of providing firefighter training and equipment or gear; and 32,473
(3) The cost to school districts of in-service training 32,475
for child abuse detection. 32,476
(B) The State and Local Government Commission may prepare 32,478
and submit to the Controlling Board one or more requests to 32,479
transfer appropriations from appropriation item 911-404, Mandate 32,480
Assistance, to the state agencies charged with administering the 32,481
state financial assistance to be provided under this section. 32,482
The state agencies charged with this administrative 32,484
responsibility are listed below, as well as the estimated annual 32,485
amounts that the commission may propose be used for each program 32,487
of state financial assistance.
Administering Estimated Annual 32,492
Program Agency Amount 32,495
Prosecution Costs Office of Criminal 32,498
Justice Services $200,000 32,500
Firefighter Training Department of 32,502
Costs Commerce $1,000,000 32,503
Child Abuse Detection Department of 32,505
Training Costs Education $800,000 32,506
(C) Subject to the total amount appropriated in each 32,509
fiscal year for appropriation item 911-404, Mandate Assistance, 32,510
the commission may propose to the Controlling Board that amounts 32,512
smaller or larger than these estimated annual amounts be 32,513
724
transferred to each program. 32,514
(D) In addition to making the initial transfers requested 32,516
by the commission, the Controlling Board may, if requested by the 32,518
commission, transfer appropriations received by a state agency 32,520
under this section back to appropriation item 911-404, Mandate 32,521
Assistance, or to one or more of the other programs of state 32,522
financial assistance identified under this section. 32,523
(E) It is expected that not all costs incurred by local 32,525
units of government, school districts, and fire departments under 32,526
each of the three programs of state financial assistance 32,527
identified under this section will be fully reimbursed by the 32,528
state. Reimbursement levels may vary by program and shall be 32,529
based on: the relationship between the appropriation transfers 32,530
requested by the commission and provided by the Controlling Board 32,531
for each of the programs; the rules and procedures established 32,533
for each program by the commission and the administering state 32,534
agency; and the actual costs incurred by local units of 32,536
government, school districts, and fire departments. 32,537
(F) Each of these programs of state financial assistance 32,539
shall be carried out as follows: 32,540
(1) Prosecution Costs 32,542
(a) Appropriations may be transferred to the Office of 32,544
Criminal Justice Services to cover local prosecution costs for 32,545
aggravated murder, murder, felonies of the first degree, and 32,546
felonies of the second degree that occur on the grounds of 32,547
institutions operated by the Department of Rehabilitation and 32,548
Correction and the Department of Youth Services. 32,549
(b) Upon a delinquency filing in juvenile court or the 32,551
return of an indictment for aggravated murder, murder, or any 32,552
felony of the first or second degree that was committed at a 32,553
Department of Youth Services or a Department of Rehabilitation 32,554
and Correction institution, the affected county may, in 32,555
accordance with rules that the Office of Criminal Justice 32,556
Services shall adopt, apply to the Office of Criminal Justice 32,557
725
Services for a grant to cover all documented costs that are 32,558
incurred by the county prosecutor's office. 32,559
(c) Twice each year, the Office of Criminal Justice 32,561
Services shall designate counties to receive grants from those 32,563
counties that have submitted one or more applications in 32,564
compliance with the rules that have been adopted by the Office of 32,565
Criminal Justice Services for the receipt of such grants. In 32,566
each year's first round of grant awards, if sufficient 32,567
appropriations have been made, up to a total of $100,000 may be 32,569
awarded. In each year's second round of grant awards, the 32,570
remaining appropriations available for this purpose may be 32,571
awarded.
(d) If for a given round of grants there are insufficient 32,573
appropriations to make grant awards to all the eligible counties, 32,575
the first priority shall be given to counties with cases 32,576
involving aggravated murder and murder, second priority shall be 32,577
given to cases involving a felony of the first degree, and third 32,578
priority shall be given to cases involving a felony of the second 32,579
degree. Within these priorities, the grant awards shall be based 32,580
on the order in which the applications were received, except that 32,581
applications for cases involving a felony of the first or second 32,582
degree shall not be considered in more than two consecutive 32,583
rounds of grant awards.
(2) Firefighter Training Costs 32,585
Appropriations may be transferred to the Department of 32,587
Commerce for use as full or partial reimbursement to local units 32,588
of government and fire departments for the cost of firefighter 32,589
training and equipment or gear. In accordance with rules that 32,590
the department shall adopt, a local unit of government or fire 32,591
department may apply to the department for a grant to cover all 32,592
documented costs that are incurred to provide firefighter 32,593
training and equipment or gear. The department shall make grants 32,594
within the limits of the funding provided, with priority given to 32,596
fire departments that serve small villages and townships.
726
(3) Child Abuse Detection Training Costs 32,598
Appropriations may be transferred to the Department of 32,600
Education for disbursement to local school districts as full or 32,601
partial reimbursement for the cost of providing in-service 32,602
training for child abuse detection. In accordance with rules 32,603
that the department shall adopt, a local school district may 32,604
apply to the department for a grant to cover all documented costs 32,605
that are incurred to provide in-service training for child abuse 32,606
detection. The department shall make grants within the limits of 32,607
the funding provided. 32,608
Foster Caregiver Training 32,610
Upon the passage of appropriate legislation by the 123rd 32,611
General Assembly, the Department of Job and Family Services shall 32,612
request that the Controlling Board transfer up to $3,000,000 in 32,613
fiscal year 2001 from the foregoing appropriation item 911-419, 32,614
Foster Caregiver Training, for the purpose of establishing a 32,615
program of precertification and continuing training for foster
caregivers. 32,616
Ballot Advertising Costs 32,618
Pursuant to requests submitted by the Ohio Ballot Board, 32,620
the Controlling Board shall approve transfers from the foregoing 32,621
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 32,622
Ballot Board line item in order to reimburse county boards of 32,623
elections for the cost of public notices associated with
statewide ballot initiatives. 32,624
Section 31. COS STATE BOARD OF COSMETOLOGY 32,626
General Services Fund Group 32,628
4K9 879-609 Operating Expenses $ 2,201,152 $ 2,198,147 32,633
TOTAL GSF General Services Fund 32,634
Group $ 2,201,152 $ 2,198,147 32,637
TOTAL ALL BUDGET FUND GROUPS $ 2,201,152 $ 2,198,147 32,640
Section 32. CSW COUNSELOR AND SOCIAL WORKERS BOARD 32,643
General Services Fund Group 32,645
4K9 899-609 Operating Expenses $ 850,781 $ 848,656 32,650
727
TOTAL GSF General Services Fund 32,651
Group $ 850,781 $ 848,656 32,654
TOTAL ALL BUDGET FUND GROUPS $ 850,781 $ 848,656 32,657
Section 33. CLA COURT OF CLAIMS 32,660
General Revenue Fund 32,662
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 32,667
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 32,670
State Special Revenue Fund Group 32,673
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 32,678
TOTAL SSR State Special Revenue 32,679
Fund Group $ 22,086,768 $ 22,925,167 32,682
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 32,685
Section 34. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 32,688
General Revenue Fund 32,690
GRF 196-401 Criminal Justice 32,693
Information System $ 970,000 $ 972,000 32,695
GRF 196-403 Violence Prevention $ 350,763 $ 364,842 32,699
GRF 196-424 Operating Expenses $ 1,003,621 $ 1,011,300 32,703
GRF 196-499 State Match $ 826,876 $ 800,104 32,707
GRF 196-502 Lucasville 32,708
Disturbance Costs $ 50,000 $ 0 32,710
TOTAL GRF General Revenue Fund $ 3,201,260 $ 3,148,246 32,713
Federal Special Revenue Fund Group 32,716
3L5 196-604 Justice Programs $ 30,515,304 $ 32,648,653 32,721
TOTAL FED Federal Special Revenue 32,722
Fund Group $ 30,515,304 $ 32,648,653 32,725
TOTAL ALL BUDGET FUND GROUPS $ 33,716,564 $ 35,796,899 32,728
Indigent Defense 32,731
The Office of Criminal Justice Services shall make all 32,734
efforts to maximize the amount of funding available for the 32,735
defense of indigent persons.
Criminal Justice Information System 32,737
The foregoing appropriation item 196-401, Criminal Justice 32,739
Information System, shall be used by the Office of Criminal 32,740
728
Justice Services to work on a plan to improve Ohio's criminal 32,741
justice information systems. The Director of the Office of 32,742
Criminal Justice Services shall evaluate the progress of this
plan and issue a report to the Governor, the Speaker of the House 32,743
of Representatives, the President of the Senate, the Criminal 32,744
Justice Policy Board, and the Legislative Budget Office of the 32,745
Legislative Service Commission by the first day of January of 32,746
each year of the two-year biennium beginning July 1, 1999, and 32,747
ending June 30, 2001.
Violence Prevention 32,749
Of the foregoing appropriation item 196-403, Violence 32,751
Prevention, $4,000 in fiscal year 2000 shall be distributed to 32,752
the City of Painesville for the purpose of funding the City of 32,753
Painesville Crime Prevention Program, and $4,000 in fiscal year 32,755
2000 shall be distributed to the City of Mentor for the purpose
of funding the City of Mentor Crime Prevention Program. 32,756
Section 35. DEN STATE DENTAL BOARD 32,758
General Services Fund Group 32,760
4K9 880-609 Operating Expenses $ 1,119,536 $ 1,114,065 32,765
TOTAL GSF General Services Fund 32,766
Group $ 1,119,536 $ 1,114,065 32,769
TOTAL ALL BUDGET FUND GROUPS $ 1,119,536 $ 1,114,065 32,772
Section 36. BDP BOARD OF DEPOSIT 32,775
General Services Fund Group 32,777
4M2 974-601 Board of Deposit $ 818,400 $ 838,041 32,782
TOTAL GSF General Services Fund 32,783
Group $ 818,400 $ 838,041 32,786
TOTAL ALL BUDGET FUND GROUPS $ 818,400 $ 838,041 32,789
Board of Deposit Expense Fund 32,792
Upon receiving certification of expenses from the Treasurer 32,795
of State, the Director of Budget and Management shall transfer 32,796
cash from the Investment Earnings Redistribution Fund (Fund 608) 32,797
to the Board of Deposit Expense Fund (Fund 4M2). This fund shall 32,799
be used to pay for banking charges and fees required for the 32,800
729
operation of the State of Ohio Regular Account.
Section 37. DEV DEPARTMENT OF DEVELOPMENT 32,802
General Revenue Fund 32,804
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 32,809
GRF 195-200 Maintenance $ 608,000 $ 608,000 32,813
GRF 195-300 Equipment $ 111,550 $ 111,550 32,817
GRF 195-401 Thomas Edison Program $ 24,953,540 $ 24,928,749 32,821
GRF 195-404 Small Business 32,823
Development $ 2,445,388 $ 2,465,504 32,825
GRF 195-405 Minority Business 32,827
Development Division $ 2,073,570 $ 2,074,418 32,829
GRF 195-406 Transitional and 32,831
Permanent Housing $ 2,760,270 $ 2,826,679 32,833
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 32,837
GRF 195-408 Coal Research 32,839
Development $ 588,465 $ 587,907 32,841
GRF 195-410 Defense Conversion 32,843
Assistance Program $ 740,000 $ 500,000 32,845
GRF 195-412 Business Development 32,847
Grants $ 10,555,000 $ 10,555,000 32,849
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 32,853
GRF 195-415 Regional Offices and 32,855
Economic Development $ 6,369,854 $ 6,293,038 32,857
GRF 195-416 Governor's Office of 32,859
Appalachia $ 1,628,800 $ 641,376 32,861
GRF 195-417 Urban/Rural 32,863
Initiative $ 1,000,000 $ 1,000,000 32,865
GRF 195-422 Technology Action $ 5,100,000 $ 5,100,000 32,869
GRF 195-431 Community Development 32,871
Corporation Grants $ 2,520,386 $ 2,582,510 32,873
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 32,877
GRF 195-434 Industrial Training 32,879
Grants $ 18,000,000 $ 20,000,000 32,881
730
GRF 195-436 Labor/Management 32,883
Cooperation $ 1,164,000 $ 1,164,000 32,885
GRF 195-440 Emergency Shelter 32,887
Housing Grants $ 2,930,029 $ 2,999,139 32,889
GRF 195-441 Low and Moderate 32,891
Income Housing $ 7,760,000 $ 7,760,000 32,893
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 32,897
GRF 195-498 State Energy Match $ 147,221 $ 151,299 32,901
GRF 195-501 Appalachian Local 32,903
Development Districts $ 452,370 $ 463,227 32,905
GRF 195-502 Appalachian Regional 32,907
Commission Dues $ 190,000 $ 194,400 32,909
GRF 195-507 Travel & Tourism 32,911
Grants $ 1,570,000 $ 1,465,000 32,913
GRF 195-513 Empowerment 32,915
Zones/Enterprise
Communities $ 2,000,000 $ 0 32,917
TOTAL GRF General Revenue Fund $ 111,510,930 $ 110,472,553 32,920
General Services Fund Group 32,923
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 32,928
136 195-621 International Trade $ 75,000 $ 0 32,932
685 195-636 General 32,934
Reimbursements $ 1,199,500 $ 1,222,233 32,936
TOTAL GSF General Services Fund 32,937
Group $ 8,737,530 $ 8,694,398 32,940
Federal Special Revenue Fund Group 32,943
3K8 195-613 Community Development 32,946
Block Grant $ 65,000,000 $ 65,000,000 32,948
3K9 195-611 Home Energy 32,950
Assistance Block
Grant $ 55,000,000 $ 55,000,000 32,952
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 32,956
3L0 195-612 Community Services 32,958
Block Grant $ 20,090,000 $ 20,090,000 32,960
731
308 195-602 Appalachian Regional 32,962
Commission $ 650,000 $ 650,000 32,964
308 195-603 Housing and Urban 32,966
Development $ 34,895,700 $ 34,895,700 32,968
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 32,972
308 195-609 Small Business 32,974
Administration $ 3,701,900 $ 3,701,900 32,976
308 195-616 Technology Programs $ 117,700 $ 0 32,980
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 32,984
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 32,988
380 195-622 Housing Development 32,990
Operating $ 3,711,800 $ 3,938,200 32,992
TOTAL FED Federal Special Revenue 32,993
Fund Group $ 212,791,425 $ 212,846,902 32,996
State Special Revenue Fund Group 32,998
4F2 195-639 State Special 33,001
Projects $ 1,530,000 $ 1,030,100 33,003
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 33,007
4S0 195-630 Enterprise Zone 33,009
Operating $ 323,079 $ 323,355 33,011
4S1 195-634 Job Creation Tax 33,013
Credit Operating $ 251,856 $ 258,422 33,015
4W1 195-646 Minority Business 33,017
Enterprise Loan $ 3,898,213 $ 3,972,954 33,019
444 195-607 Water and Sewer 33,021
Commission Loans $ 2,000,000 $ 2,000,000 33,023
445 195-617 Housing Finance 33,025
Agency $ 3,669,522 $ 3,532,181 33,027
450 195-624 Minority Business 33,029
Bonding Program
Administration $ 12,644 $ 12,947 33,031
451 195-625 Economic Development 33,033
Financing Operating $ 1,906,075 $ 1,970,014 33,035
732
586 195-653 Scrap Tire Loans and 33,037
Grants $ 1,000,000 $ 1,000,000 33,039
611 195-631 Water and Sewer 33,041
Administration $ 15,000 $ 15,000 33,043
617 195-654 Volume Cap 33,045
Administration $ 200,000 $ 196,640 33,047
646 195-638 Low and Moderate 33,049
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 33,051
TOTAL SSR State Special Revenue 33,052
Fund Group $ 36,251,589 $ 36,346,113 33,055
Facilities Establishment Fund 33,058
037 195-615 Facilities 33,061
Establishment $ 53,970,000 $ 55,481,100 33,063
4Z6 195-647 Rural Industrial Park 33,065
Loan $ 1,000,000 $ 1,000,000 33,067
5D1 195-649 Port Authority Bond 33,069
Reserves $ 2,500,000 $ 2,500,000 33,071
5D2 195-650 Urban Redevelopment 33,073
Loans $ 10,000,000 $ 10,000,000 33,075
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 33,079
TOTAL 037 Facilities 33,080
Establishment Fund $ 69,716,375 $ 71,227,475 33,083
Coal Research/Development Fund 33,086
046 195-632 Coal Research and 33,089
Development Fund $ 12,276,000 $ 12,570,624 33,091
TOTAL 046 Coal Research/ 33,092
Development Fund $ 12,276,000 $ 12,570,624 33,095
TOTAL ALL BUDGET FUND GROUPS $ 451,243,849 $ 452,158,065 33,098
Section 37.01. Washington Office 33,101
Of the foregoing appropriation items 195-100, Personal 33,103
Services, 195-200, Maintenance, and 195-300, Equipment, no more 33,104
than $335,700 in fiscal year 2000 and $335,700 in fiscal year 33,105
2001 may be transferred to the General Reimbursement Fund (Fund 33,106
733
685) to support the Washington Office. The transfer shall be 33,107
made using an intrastate transfer voucher. 33,108
Thomas Edison Program 33,110
The foregoing appropriation item 195-401, Thomas Edison 33,112
Program, shall be used for the purposes of sections 122.28 to 33,114
122.38 of the Revised Code in order to provide funds for 33,116
cooperative public and private efforts in technological 33,117
innovation to promote the development and transfer of technology 33,118
by and to Ohio businesses that will lead to the creation of jobs, 33,120
and to provide for the administration of this program by the 33,122
Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison 33,124
Program, not more than $2,363,000 in fiscal year 2000 and 33,126
$2,363,000 in fiscal year 2001 shall be used for the Technology 33,127
Division's operating expenses in administering this program. 33,128
Of the foregoing appropriation item 195-401, Thomas Edison 33,130
Program, $2,000,000 in each fiscal year shall be used for the 33,131
establishment of a new Edison Center for Information Technology 33,132
to be headquartered in Dayton.
Section 37.02. Small Business Development 33,134
The foregoing appropriation item 195-404, Small Business 33,136
Development, shall be used to ensure that the unique needs and 33,138
concerns of small businesses are addressed. 33,140
The foregoing appropriation shall be used to provide grants 33,142
to local organizations to support the operation of Small Business 33,144
Development Centers, and other local economic development 33,145
activity promoting small business and for the cost of 33,146
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 33,147
facilitate access to state and federal programs. These funds 33,148
shall be used as matching funds for grants from the United States 33,149
Small Business Administration and other federal agencies, 33,151
pursuant to Public Law 96-302 (1980) as amended by Public Law 33,152
98-395 (1984), and regulations and policy guidelines for these 33,153
734
programs.
In addition, the Office of Small Business shall operate the 33,155
One-Stop Business Permit Center, the Women's Business Resource 33,157
Program, support government procurement assistance, and implement 33,159
and coordinate the duties imposed on the Department of 33,161
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 33,162
Section 37.03. Transitional and Permanent Housing Program 33,165
Of the foregoing appropriation item 195-406, Transitional 33,167
and Permanent Housing, the Office of Housing and Community 33,169
Partnerships shall make grants to local governments and nonprofit 33,171
organizations for the acquisition, rehabilitation, renovation, 33,173
construction, conversion, operating, and supportive services 33,175
costs for both new and existing transitional and/or permanent 33,177
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 33,179
and Permanent Housing, at least seventy-five per cent shall be 33,181
used to provide transitional housing for homeless families and 33,183
individuals.
Coal Research Development 33,185
The foregoing appropriation item 195-408, Coal Research 33,187
Development, shall be used for the administrative costs of the 33,188
Coal Development Office within the Technology Division and for 33,189
grants which encourage, promote, and assist the use of Ohio coal 33,190
pursuant to section 1551.32 of the Revised Code. 33,191
Defense Conversion Assistance Program 33,193
The Director of Development may use the foregoing 33,195
appropriation item 195-410, Defense Conversion Assistance 33,196
Program, in accordance with existing program guidelines, and 33,197
other resources as appropriate, to match federal dollars for
Ohio-based defense conversion projects and administrative support 33,198
costs. 33,199
Section 37.04. Business Development 33,201
The foregoing appropriation item 195-412, Business 33,203
Development Grants, shall be used as an incentive for attracting 33,204
735
and retaining business opportunities for the state. Any such 33,205
business opportunity, whether new, expanding, or relocating in 33,206
Ohio, is eligible for funding. The project must create or retain 33,207
a significant number of jobs for Ohioans. Grant awards may be 33,208
considered only when (1) the project's viability hinges on an 33,209
award of 195-412 Business Development Grants funds; (2) all other 33,210
public or private sources of financing have been considered; or 33,211
(3) the funds must act as a catalyst for the infusion into the 33,212
project of other financing sources. 33,213
The department's primary goal shall be to award funds to 33,215
political subdivisions of the state for off-site infrastructure 33,216
improvements. In order to meet the particular needs of economic 33,217
development in a region, the department may elect to award funds 33,218
directly to a business for on-site infrastructure improvements. 33,220
Infrastructure improvements are defined as improvements to water 33,221
system facilities, sewer and sewage treatment facilities, 33,222
electric or gas service facilities, rail facilities, site 33,223
preparation, and parking facilities. The Director of Development 33,224
may recommend the funds be used in an alternative manner when 33,225
deemed appropriate to meet an extraordinary economic development 33,226
opportunity or need.
The foregoing appropriation item 195-412, Business 33,228
Development Grants, may be expended only after the submission of 33,229
a request to the Controlling Board by the Department of 33,230
Development outlining the planned use of the funds, and the 33,231
subsequent approval of the request by the Controlling Board. 33,232
The foregoing appropriation item 195-412, Business 33,234
Development Grants, may be used for, but is not limited to, 33,235
construction, rehabilitation, and acquisition projects for rail 33,236
freight assistance as requested by the Department of 33,237
Transportation. The Director of Transportation shall submit the 33,238
proposed projects to the Director of Development for an 33,239
evaluation of potential economic benefit. 33,240
Section 37.05. First Frontier Match 33,242
736
The foregoing appropriation item 195-414, First Frontier 33,244
Match, shall be used as matching funds to counties for the 33,246
purpose of marketing state, regional, and/or local 33,248
characteristics which may attract economic development. In each 33,249
fiscal year, the Director of Development shall allocate no less 33,250
than $400,000 of the foregoing appropriation to marketing 33,252
programs by targeted counties, which are defined as counties that 33,255
have a population of less than 175,000 residents. The balance of 33,257
the appropriation may be used either for marketing programs by 33,258
individual targeted counties or regional marketing campaigns, 33,259
which are defined as marketing programs in which at least one 33,261
targeted county is participating with one or more other targeted 33,262
counties or larger counties. In the event that, during a fiscal 33,263
year, targeted counties are unable to utilize the full amount of 33,264
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 33,265
unutilized balance of funds to regional marketing campaigns. 33,266
Regional Offices and Economic Development 33,268
The foregoing appropriation item 195-415, Regional Offices 33,270
and Economic Development, shall be used for the operating 33,271
expenses of the Economic Development Division and the Regional 33,272
Economic Development Offices and for grants for cooperative 33,273
economic development ventures. 33,274
Section 37.06. Governor's Office of Appalachian Ohio 33,276
Of the foregoing appropriation item 195-416, Governor's 33,278
Office of Appalachia, shall be used for the administrative costs 33,280
of planning and liaison activities for the Governor's Office of 33,282
Appalachian Ohio. Funds not expended for liaison and training 33,284
activities may be expended for special project grants within the 33,285
Appalachian Region. 33,286
Of the foregoing appropriation item 195-416, Governor's 33,288
Office of Appalachia, up to $250,000 each fiscal year shall be 33,290
used to match federal funds from the Appalachian Development 33,292
Commission to provide job training to impact the Appalachian 33,294
737
Region.
Of the foregoing appropriation item 195-416, Governor's 33,296
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 33,297
used for the Foundation for Appalachian Ohio. The foundation 33,298
shall match the state's contribution on a dollar-for-dollar 33,299
basis.
Urban/Rural Initiative 33,301
The foregoing appropriation item 195-417, Urban/Rural 33,303
Initiative, shall be used to make grants in accordance with 33,304
sections 122.19 to 122.22 of the Ohio Revised Code. 33,305
Technology Action 33,307
With Controlling Board approval, the foregoing 33,309
appropriation item 195-422, Technology Action, shall be used by 33,310
the Governor's Science Advisor, in consultation with the Ohio 33,311
Science and Technology Council and with the approval of the 33,312
Director of Development, to match funding for high-priority
technology initiatives that will make Ohio entities more 33,313
competitive in federal research and development programs. 33,314
Guidelines and criteria for the release of funds shall be 33,315
developed by the Governor's Science Advisor to ensure support for 33,316
projects that advance the state's science and technology
priorities, general potential economic growth, and leverage other 33,317
financing sources. 33,318
Of the foregoing appropriation item 195-422, Technology 33,320
Action, $250,000 in fiscal year 2000 shall be used for a 33,321
strategic competitive study for Wright Patterson Air Force Base. 33,322
These state funds shall leverage a minimum of $250,000 in 33,323
matching funds for this purpose. The study shall be conducted by
the Miami Valley Economic Development Coalition. 33,324
Of the foregoing appropriation item 195-422, Technology 33,326
Action, not more than $100,000 in each fiscal year shall be used 33,327
for operating expenditures in administering this program. 33,328
Of the foregoing appropriation item 195-422, Technology 33,330
Action, $100,000 in each fiscal year shall be used for statewide 33,331
738
information technology initiatives in conjunction with the new 33,332
Edison Center for Information Technology to be headquartered in 33,333
Dayton. This funding shall be administered by the Governor's 33,334
Science Advisor in accordance with the guidelines and procedures 33,335
for the release of funds from this program.
Section 37.07. Community Development Corporations 33,337
Of the foregoing appropriation item 195-431, Community 33,339
Development Corporation Grants, a portion of funds in each fiscal 33,341
year of the biennium shall be used to make grants to the Ohio 33,344
Community Development Finance Fund, a nonprofit corporation, in 33,346
order to leverage private-sector funds to assist nonprofit 33,347
development organizations to create affordable housing and 33,348
permanent jobs in distressed areas of the state. The remaining 33,350
moneys shall be used to provide funds to assist local community 33,352
development corporations to develop affordable housing programs 33,354
and economic development programs in their neighborhoods, and for 33,356
operating costs.
Of the foregoing appropriation item 195-431, Community 33,358
Development Corporation Grants, no less than $100,000 in each 33,360
fiscal year shall be used to provide training, technical 33,362
assistance, and capacity building assistance to nonprofit 33,363
development organizations in underserved areas of the state. For 33,365
grants awarded in each fiscal year of the biennium, priority 33,366
shall be given to proposals submitted by nonprofit development 33,367
organizations from underserved areas of the state. 33,368
Section 37.08. International Trade 33,370
The foregoing appropriation item 195-432, International 33,372
Trade, shall be used to operate and to maintain Ohio's 33,373
out-of-state trade offices.
The Director of Development may enter into contracts with 33,375
foreign nationals to staff foreign offices. Such contracts may 33,376
be paid in local currency or United States currency and shall be 33,377
exempt from the provisions of section 127.16 of the Revised Code. 33,379
The director may also establish foreign currency accounts in 33,380
739
accordance with section 122.05 of the Revised Code for the 33,381
payment of expenses related to the operation and maintenance of 33,382
these foreign trade offices. 33,383
The foregoing appropriation item 195-432, International 33,385
Trade, shall be used to fund the International Trade Division and 33,386
assist Ohio manufacturers and agricultural producers exporting to 33,387
foreign countries in conjunction with the Department of 33,388
Agriculture. 33,389
Of the foregoing appropriation item 195-432, International 33,391
Trade, up to $25,000 may be used to purchase gifts for 33,392
representatives of foreign governments or dignitaries of foreign 33,393
countries. 33,394
Section 37.09. Ohio Industrial Training Program 33,396
The foregoing appropriation item 195-434, Industrial 33,399
Training Grants, shall be used to promote industrial training 33,400
through training grants for the reimbursement of eligible 33,401
training expenses.
Section 37.10. Emergency Shelter Housing Grants 33,403
(A) As used in this section, "emergency shelter housing" 33,405
means a structure suitable for the temporary housing of the 33,407
homeless and the provision of, or referral to, supportive 33,409
services. Shelters that restrict admission to victims of 33,411
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 33,413
(B) The foregoing appropriation item 195-440, Emergency 33,415
Shelter Housing Grants, shall be used by the Office of Housing 33,416
and Community Partnerships in the Department of Development to 33,417
make grants to private, nonprofit organizations to provide 33,418
emergency shelter housing for the homeless. The department shall 33,419
distribute the grants pursuant to rules adopted by the Director 33,420
of Development. The director may amend or rescind such rules and 33,421
may adopt other rules necessary to implement this section. In
awarding grants, the department shall give preference to 33,422
organizations applying to fund existing emergency shelter 33,423
740
housing.
The department shall notify each organization that applied 33,425
for a grant under this section of the amount of its grant award, 33,426
if any. To receive a grant, the organization shall provide 33,427
matching funds equal to fifty per cent of the total grant it was 33,428
awarded. The organization shall expend its grant for shelter 33,429
operations and supportive services, which include employment
assistance, case management, information and referral services, 33,430
transportation, and clothing. In providing employment 33,431
assistance, the organization shall, at a minimum, refer persons 33,432
to the Ohio Bureau of Employment Services. 33,433
Low and Moderate Income Housing 33,435
The Director of Budget and Management, in consultation with 33,437
the Director of Development, shall use $7,760,000 in each fiscal 33,438
year to support low- and moderate-income housing activities. No 33,439
less than $250,000 per year shall be used from either 33,440
appropriation item 195-441, Low and Moderate Income Housing, or 33,441
appropriation item 195-638, Low and Moderate Income Housing Trust 33,442
Fund, for the Migrant Housing Labor Camp Improvements Program. 33,443
Up to $7,760,000 in each fiscal year shall be transferred from 33,444
appropriation item 195-441, Low and Moderate Income Housing, to 33,445
appropriation item 195-638, Low and Moderate Income Housing Trust 33,446
Fund.
HEAP Weatherization 33,448
Fifteen per cent of the federal funds received by the state 33,450
for the Home Energy Assistance Block Grant shall be deposited in 33,452
the Department of Development's Federal Special Revenue Fund 33,454
(Fund 3K9) and shall be used to provide home weatherization 33,456
services in the state.
Section 37.11. Travel and Tourism Grants 33,458
The foregoing appropriation item 195-507, Travel and 33,460
Tourism Grants, shall be used to provide grants to local 33,462
organizations to support various local travel and tourism events 33,463
in Ohio.
741
Of the foregoing appropriation item 195-507, Travel and 33,465
Tourism Grants, up to $200,000 in each fiscal year of the 33,466
biennium may be used to support the outdoor dramas Trumpet in the 33,468
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 33,470
Drama; $5,000 in each fiscal year shall go to the Lake County 33,471
Visitors Bureau; $25,000 in each fiscal year shall go to the
Underground Railroad Freedom Center, Family History Documentation 33,472
Program; $75,000 in each fiscal year shall go to the Cincinnati 33,474
Film Commission; $75,000 in each fiscal year shall go to the
Greater Cleveland Media Development Corporation; $100,000 in 33,475
fiscal year 2000 for the 1999 AAU Junior Olympics Cleveland 33,477
Committee, Inc.; $150,000 in fiscal year 2000 for the United 33,478
States International Air and Trade Show in Dayton; $40,000 in 33,479
fiscal year 2000 for the River Edges New Environment Renewal Plan 33,481
in Warren; $25,000 in fiscal year 2000 for the Tall Stacks 99 33,482
riverboat festival in Cincinnati; and $875,000 in fiscal year 33,483
2000 and $1,000,000 in fiscal year 2001 shall be used for grants 33,485
to the International Center for the Preservation of Wild Animals. 33,486
Section 37.12. Minority Business Enterprise Loan 33,488
All loan repayments from the Minority Development Financing 33,490
Advisory Board loan program and the Ohio Mini-Loan Guarantee 33,491
Program shall be deposited in the State Treasury, to the credit 33,492
of the Minority Business Enterprise Loan Fund (Fund 4W1). 33,493
Section 37.13. Economic Development Financing Operating 33,495
The foregoing appropriation item 195-625, Economic 33,497
Development Financing Operating, shall be used for the operating 33,498
expenses of financial assistance programs authorized under 33,499
Chapter 166. of the Revised Code and under sections 122.43 and 33,500
122.45 of the Revised Code. 33,501
All Loan and Grant Programs 33,503
The Department of Development shall continue to submit to 33,505
the General Assembly, the Office of Budget and Management, and 33,507
the Legislative Budget Office of the Legislative Service 33,509
Commission by the first day of April of each year a report 33,510
742
detailing the status of all open loans and grants made by the 33,511
department and all loans and grants which have been closed out 33,514
during the preceding calendar year. A grant shall be considered 33,515
open for three years from the date it was awarded. The report 33,516
shall identify, where applicable, the date of Controlling Board 33,518
approval, the number of jobs estimated to be retained and 33,519
created, and the number of people estimated to be trained, as 33,520
well as the actual numbers realized to date. In addition, 33,521
beginning on the first day of July of each year, the Department
of Development shall also submit a quarterly report of the loans 33,522
and grants which have been approved from the beginning of the 33,523
current calendar year. 33,524
Rural Revitalization Task Force 33,526
In the 1999-2001 biennium, the department shall coordinate 33,528
an effort to determine potential opportunities to enhance 33,529
economic development activities in distressed rural communities. 33,530
Section 37.14. Facilities Establishment Fund 33,532
The foregoing appropriation item 195-615, Facilities 33,534
Establishment Fund (Fund 037), shall be used for the purposes of 33,535
the Facilities Establishment Fund under Chapter 166. of the 33,537
Revised Code. 33,538
Notwithstanding Chapter 166. of the Revised Code, up to 33,540
$1,600,000 may be transferred each fiscal year from the 33,542
Facilities Establishment Fund (Fund 037) to the Economic 33,543
Development Financing Operating Fund (Fund 451). The transfer is 33,544
subject to Controlling Board approval pursuant to division (B) of 33,546
section 166.03 of the Revised Code. 33,547
Notwithstanding Chapter 166. of the Revised Code, up to 33,549
$3,800,000 may be transferred in each fiscal year of the biennium 33,550
from the Facilities Establishment Fund (Fund 037) to the Minority 33,551
Business Enterprise Loan Fund (Fund 4W1). The transfer is 33,552
subject to Controlling Board approval pursuant to division (B) of 33,553
section 166.03 of the Revised Code. 33,554
Notwithstanding Chapter 166. of the Revised Code, up to 33,556
743
$5,000,000 cash may be transferred during the biennium from the 33,557
Facilities Establishment Fund (Fund 037) to the Port Authority 33,558
Bond Reserves Fund (Fund 5D1) for use by any port authority in 33,559
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 33,560
Director of Development shall develop program guidelines for the 33,561
transfer and release of funds, including, but not limited to, a 33,562
provision that no port authority shall receive more than 33,563
$2,000,000. The transfer and release of funds are subject to 33,564
Controlling Board approval. Of the foregoing appropriation item
195-649, Port Authority Bond Reserves, $2,000,000 over the 33,566
biennium, subject to Controlling Board approval, shall go to the 33,567
Cleveland Port Authority to establish or supplement bond reserves 33,568
per the guidelines set forth by the Director of Development. 33,569
Notwithstanding Chapter 166. of the Revised Code, up to 33,571
$20,000,000 cash may be transferred during the biennium from the 33,572
Facilities Establishment Fund (Fund 037) to the Urban 33,573
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 33,574
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 33,575
release of funds, including, but not limited to, the completion 33,576
of all appropriate environmental assessments before state 33,577
assistance is committed to a project. Program guidelines shall 33,578
give priority to municipal corporations with a population greater 33,579
than 200,000 and then to older suburbs contiguous to these
municipal corporations. "Older suburb" means municipal 33,580
corporations with at least sixty per cent or more of housing 33,581
units constructed prior to 1960, and with two per cent or lower 33,582
average annual residential growth, adjusted for inflation, over 33,583
the past fifteen years and measured by the number of issued
building permits. The transfer and release of funds are subject 33,584
to Controlling Board approval. 33,585
Within ten days of the effective date of this section, the 33,587
Director of Budget and Management shall transfer $1,025,000 from 33,588
744
the interest earnings on Fund 037, Facilities Establishment, into 33,590
the General Revenue Fund. Similarly, by July 10, 2000, the 33,591
Director of Budget and Management shall transfer $1,025,000 from
Fund 037, Facilities Establishment, to the General Revenue Fund. 33,592
Family Farm Loan Program 33,594
Notwithstanding Chapter 166. of the Revised Code, up to 33,596
$2,500,000 shall be transferred during the biennium from moneys 33,597
in the Facilities Establishment Fund (Fund 037) to the Family 33,598
Farm Loan Fund (Fund 5H1) in the Department of Development. The 33,599
transfer is subject to Controlling Board approval. 33,600
Financial assistance from the Family Farm Loan Fund shall 33,603
be repaid to Fund 5H1. This fund is established in accordance 33,604
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 33,605
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 33,608
all outstanding balances, all loan repayments, and any other 33,610
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037). 33,611
Scrap Tire Loans and Grants 33,613
On July 1, 1999, or as soon thereafter as possible, the 33,615
Director of Development shall certify to the Director of Budget 33,616
and Management the balance in Fund 037, Facilities Establishment, 33,617
for the Scrap Tire Loan and Grant Program. The Director of 33,618
Budget and Management shall transfer the certified amount to Fund 33,619
586, Scrap Tire Loans and Grants.
Section 37.15. Supportive Services 33,621
The Director of Development may assess divisions of the 33,623
department for the cost of central service operations. Such an 33,624
assessment shall be based on a plan submitted to and approved by 33,625
the Office of Budget and Management by the first day of August of 33,626
each fiscal year, and contain the characteristics of 33,627
administrative ease and uniform application. 33,628
A division's payments shall be credited to the Supportive 33,630
Services Fund (Fund 135) using an intrastate transfer voucher. 33,631
745
General Reimbursement 33,633
The foregoing appropriation item 195-636, General 33,635
Reimbursements, shall be used for conference and subscription 33,636
fees and other reimbursable costs. Revenues to the General 33,637
Reimbursement Fund (Fund 685) shall consist of fees and other 33,638
moneys charged for conferences, subscriptions, and other 33,639
administrative costs that are not central service costs. 33,640
State Special Projects 33,642
The foregoing appropriation item 195-639, State Special 33,645
Projects, shall be used as a general account for the deposit of 33,646
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used 33,647
to (1) pay the expenses of verifying the income-eligibility of 33,648
HEAP applicants, (2) market economic development opportunities in 33,649
the state, and (3) leverage additional federal funds. State 33,650
funds shall be used to match federal housing grants for the 33,651
homeless. 33,652
Volume Cap Administration 33,654
The foregoing appropriation item 195-654, Volume Cap 33,656
Administration, shall be used for administrative expenses related 33,657
to the administration of the Volume Cap Program. Revenues 33,659
received by the Volume Cap Administration Fund (Fund 617) shall 33,660
consist of application fees, forfeited deposits, and interest
earned from the custodial account. 33,661
Section 37.16. Job Creation Planning Project 33,663
The Department of Development, with the collaboration of 33,665
the Department of Human Services, shall establish a joint project 33,666
to develop and implement ways to create at least one thousand new 33,667
jobs in each of the following: 33,668
(A) Federal empowerment zones; 33,670
(B) Rural economically depressed counties. 33,672
Not later than December 31, 2000, the departments shall 33,674
jointly issue a final report to the Welfare Oversight Committee 33,675
that describes the activities undertaken pursuant to the joint 33,676
746
project. The committee may require additional interim reports 33,677
from the departments. 33,678
Section 38. OBD OHIO BOARD OF DIETETICS 33,680
General Services Fund Group 33,682
4K9 860-609 Operating Expenses $ 282,267 $ 276,113 33,687
TOTAL GSF General Services Fund 33,688
Group $ 282,267 $ 276,113 33,691
TOTAL ALL BUDGET FUND GROUPS $ 282,267 $ 276,113 33,694
Section 39. CDR COMMISSION ON DISPUTE RESOLUTION AND 33,697
CONFLICT MANAGEMENT 33,698
General Revenue Fund 33,700
GRF 145-401 Commission on Dispute 33,703
Resolution/Management $ 583,225 $ 597,222 33,705
TOTAL GRF General Revenue Fund $ 583,225 $ 597,222 33,708
General Services Fund Group 33,711
4B6 145-601 Gifts and Grants $ 153,450 $ 157,133 33,716
TOTAL GSF General Services Fund 33,717
Group $ 153,450 $ 157,133 33,720
TOTAL ALL BUDGET FUND GROUPS $ 736,675 $ 754,355 33,723
Commission on Dispute Resolution/Management 33,726
The foregoing appropriation item 145-401, Commission on 33,727
Dispute Resolution/Management, shall be used in each fiscal year 33,728
by the Commission on Dispute Resolution and Conflict Management 33,729
for the purpose of providing dispute resolution and conflict 33,730
management training, consultation, and materials for state and 33,731
local government, communities, school districts, courts and, in 33,732
consultation with the Department of Education, for the purpose of 33,733
offering competitive school conflict programs to school 33,734
districts.
The Commission shall assist the Department of Education in 33,736
the development and dissemination of the school conflict 33,737
management programs to school districts.
Section 40. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 33,739
NETWORK COMMISSION 33,740
747
General Revenue Fund 33,742
GRF 374-100 Personal Services $ 1,775,810 $ 1,702,801 33,747
GRF 374-200 Maintenance $ 847,878 $ 868,227 33,751
GRF 374-300 Equipment $ 49,038 $ 50,214 33,755
GRF 374-401 Statehouse News 33,757
Bureau $ 265,507 $ 271,880 33,759
GRF 374-404 Telecommunications 33,761
Operating Subsidy $ 5,349,336 $ 5,723,791 33,763
TOTAL GRF General Revenue Fund $ 8,287,569 $ 8,616,913 33,766
General Services Fund Group 33,769
4F3 374-603 Affiliate Services $ 2,729,574 $ 2,753,275 33,774
TOTAL GSF General Services 33,775
Fund Group $ 2,729,574 $ 2,753,275 33,778
TOTAL ALL BUDGET FUND GROUPS $ 11,017,143 $ 11,370,188 33,781
Statehouse News Bureau 33,784
The foregoing appropriation item 374-401, Statehouse News 33,786
Bureau, shall be used solely to support the operations of the 33,787
Ohio Statehouse News Bureau. 33,788
Telecommunications Operating Subsidy 33,790
The foregoing appropriation item 374-404, 33,792
Telecommunications Operating Subsidy, shall be distributed by the 33,793
Ohio Educational Telecommunications Network Commission to Ohio's 33,794
qualified public educational television stations, radio reading 33,795
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 33,796
allocation developed by the Ohio Educational Telecommunications 33,797
Network Commission.
Project Equity Fund 33,799
The Project Equity Fund (Fund 4F3) is hereby renamed the 33,801
Affiliates Services Fund (Fund 4F3), and the Fees and Grants Fund 33,802
(Fund 140) and the Fees and Grants Fund (Fund 463) are hereby 33,803
abolished. On July 1, 1999, or as soon thereafter as possible, 33,804
the Director of Budget and Management shall transfer the cash 33,805
balances in the Fees and Grants Fund (Fund 140) and in the Fees
748
and Grants Fund (Fund 463) to the Affiliates Services Fund (Fund 33,806
4F3). The director shall cancel any existing encumbrances 33,807
against appropriation item 374-601, Fees and Grants (Fund 463), 33,808
and reestablish them against appropriation item 374-603, 33,810
Affiliates Services (Fund 4F3). The amounts of the reestablished 33,811
encumbrances are hereby appropriated.
Section 41. ELC OHIO ELECTIONS COMMISSION 33,813
General Revenue Fund 33,815
GRF 051-321 Operating Expenses $ 423,950 $ 444,757 33,820
TOTAL GRF General Revenue Fund 33,823
$ 423,950 $ 444,757 33,826
State Special Revenue Fund Group 33,828
4P2 051-601 Ohio Elections 33,831
Commission Fund $ 150,000 $ 150,000 33,834
TOTAL SSR State Special 33,835
Revenue Fund Group $ 150,000 $ 150,000 33,838
TOTAL ALL BUDGET FUND GROUPS $ 573,950 $ 594,757 33,841
Section 42. FUN STATE BOARD OF EMBALMERS AND FUNERAL 33,844
DIRECTORS 33,845
General Services Fund Group 33,847
4K9 881-609 Operating Expenses $ 426,252 $ 414,654 33,852
TOTAL GSF General Services 33,853
Fund Group $ 426,252 $ 414,654 33,856
TOTAL ALL BUDGET FUND GROUPS $ 426,252 $ 414,654 33,859
Section 43. ERB STATE EMPLOYMENT RELATIONS BOARD 33,862
General Revenue Fund 33,864
GRF 125-321 Operating Expenses $ 3,611,538 $ 3,561,890 33,869
TOTAL GRF General Revenue Fund $ 3,611,538 $ 3,561,890 33,872
General Services Fund Group 33,875
572 125-603 Training and 33,878
Publications $ 70,423 $ 72,113 33,880
TOTAL GSF General Services 33,881
Fund Group $ 70,423 $ 72,113 33,884
TOTAL ALL BUDGET FUND GROUPS $ 3,681,961 $ 3,634,003 33,887
749
Training and Publications Fund 33,890
Effective July 1, 1999, the Research and Training Fund 33,892
(Fund 572) is hereby renamed the Training and Publications Fund 33,893
(Fund 572), and the Transcript and Other Fund (Fund 440) is 33,895
hereby abolished. On July 1, 1999, or as soon thereafter as 33,896
possible, the Director of Budget and Management shall transfer 33,897
the cash balance in the Transcript and Other Fund (Fund 440) to 33,898
the Training and Publications Fund (Fund 572). The director 33,899
shall cancel any existing encumbrances against appropriation item 33,900
125-601, Transcript and Other (Fund 440), and reestablish them 33,901
against appropriation item 125-603, Training and Publications 33,902
(Fund 572). The amounts of the reestablished encumbrances are
hereby appropriated. 33,903
Section 44. BES BUREAU OF EMPLOYMENT SERVICES 33,905
General Revenue Fund 33,907
GRF 795-406 Workforce Development $ 350,004 $ 0 33,912
GRF 795-407 OBES Operating $ 23,227,425 $ 0 33,916
GRF 795-408 Labor Market 33,918
Projections $ 180,209 $ 0 33,920
GRF 795-410 Women's Programs $ 474,237 $ 0 33,924
GRF 795-412 Prevailing Wage/Min. 33,926
Wage & Minors $ 2,366,897 $ 0 33,928
GRF 795-413 OSHA Match $ 133,833 $ 0 33,932
GRF 795-414 Apprenticeship 33,934
Council $ 178,590 $ 0 33,936
GRF 795-417 Public Employment 33,938
Risk Reduction
Program $ 1,324,292 $ 0 33,940
TOTAL GRF General Revenue Fund $ 28,235,487 $ 0 33,943
Federal Special Revenue Fund Group 33,946
3S9 795-620 TANF Employment and 33,949
Training $ 700,000 $ 0 33,951
331 795-601 Federal Operating $ 112,062,105 $ 0 33,955
349 795-614 OSHA Enforcement $ 1,293,258 $ 0 33,959
750
365 795-602 Job Training Program $ 101,224,584 $ 0 33,963
TOTAL FED Federal Special Revenue 33,964
Fund Group $ 215,279,947 $ 0 33,967
State Special Revenue Fund Group 33,970
4A9 795-607 Unemployment 33,973
Compensation
Administration Fund $ 17,015,029 $ 0 33,975
4G1 795-610 Interagency 33,977
Agreements $ 607,279 $ 0 33,979
4R3 795-609 Banking Fees $ 579,040 $ 0 33,983
5A5 795-616 Unemployment 33,985
Compensation Benefit
Automation $ 6,705,016 $ 0 33,987
557 795-613 Apprenticeship 33,989
Council Conference $ 15,000 $ 0 33,991
TOTAL SSR State Special Revenue 33,992
Fund Group $ 24,921,364 $ 0 33,995
TOTAL ALL BUDGET FUND GROUPS $ 268,436,798 $ 0 33,998
Administration Support Services 34,001
The Administrator of the Bureau of Employment Services may 34,003
assess programs of the bureau for the cost of administration, 34,005
support, and technical services. Such an assessment shall be 34,006
based upon a plan submitted to and approved by the Office of 34,007
Budget and Management by the first day of August of each fiscal 34,008
year and shall contain the characteristics of administrative ease 34,009
and uniform application. A program's payments shall be 34,011
transferred via intrastate transfer voucher to the Unemployment 34,013
Compensation Administration Fund (Fund 331). 34,014
Employer Surcharge 34,016
The surcharge and the interest on the surcharge amounts due 34,018
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 34,019
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 34,020
General Assembly shall be assessed, collected, accounted for, and 34,021
made available to the Administrator of the Bureau of Employment 34,022
751
Services in the same manner as are the surcharge and interest 34,023
amounts pursuant to section 4141.251 of the Revised Code. 34,024
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 34,026
General Services Fund Group 34,028
4K9 892-609 Operating Expenses $ 884,949 $ 927,525 34,033
TOTAL GSF General Services 34,034
Fund Group $ 884,949 $ 927,525 34,037
TOTAL ALL BUDGET FUND GROUPS $ 884,949 $ 927,525 34,040
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY 34,043
General Revenue Fund 34,045
GRF 715-501 Local Air Pollution 34,048
Control $ 1,295,661 $ 1,331,940 34,050
GRF 716-321 Central 34,052
Administration $ 3,778,701 $ 3,879,590 34,054
GRF 717-321 Water Quality 34,056
Planning and
Assessment $ 8,276,598 $ 8,616,849 34,058
GRF 718-321 Groundwater $ 1,144,510 $ 1,179,013 34,062
GRF 719-321 Air Pollution Control $ 2,678,754 $ 2,764,837 34,066
GRF 721-321 Public Water System 34,068
Supervision $ 2,853,133 $ 2,940,744 34,070
GRF 723-321 Hazardous Waste $ 142,566 $ 155,813 34,074
GRF 724-321 Pollution Prevention $ 724,940 $ 827,440 34,078
GRF 725-321 Laboratory $ 1,170,344 $ 1,204,395 34,082
GRF 726-321 Corrective Actions $ 1,242,266 $ 1,203,353 34,086
GRF 728-321 Environmental 34,088
Financial Assistance $ 49,912 $ 54,550 34,090
GRF 729-321 Solid Waste $ 120,511 $ 131,709 34,094
TOTAL GRF General Revenue Fund $ 23,477,896 $ 24,290,233 34,097
General Services Fund Group 34,100
199 715-602 Laboratory Services $ 802,472 $ 822,893 34,105
4A1 715-640 Operating Expenses $ 4,376,896 $ 4,519,750 34,109
TOTAL GSF General Services 34,110
Fund Group $ 5,179,368 $ 5,342,643 34,113
752
Federal Special Revenue Fund Group 34,116
3F2 715-630 Revolving Loan Fund - 34,119
Operating $ 3,680,500 $ 3,716,000 34,121
3F3 715-632 Fed Supported Cleanup 34,123
and Response $ 3,064,631 $ 4,464,910 34,125
3F4 715-633 Water Quality 34,127
Management $ 727,000 $ 727,000 34,129
3F5 715-641 Nonpoint Source 34,131
Pollution Management $ 4,700,000 $ 5,300,000 34,133
3J1 715-620 Urban Stormwater $ 500,000 $ 500,000 34,137
3J5 715-615 Maumee River $ 153,680 $ 0 34,141
3K4 715-634 DOD Monitoring and 34,143
Oversight $ 718,301 $ 682,460 34,145
3K6 715-639 Remedial Action Plan $ 750,000 $ 521,400 34,149
3M5 715-652 Haz Mat Transport 34,151
Uniform Safety $ 283,728 $ 284,493 34,153
3N1 715-655 Pollution Prevention 34,155
Grants $ 87,150 $ 25,000 34,157
3N4 715-657 DOE Monitoring and 34,159
Oversight $ 3,868,638 $ 3,883,118 34,161
3S4 715-653 Performance 34,163
Partnership Grants $ 13,795,906 $ 13,754,814 34,165
3T1 715-668 Rural Hardship Grant $ 900,000 $ 100,000 34,169
352 715-611 Wastewater Pollution $ 239,650 $ 240,425 34,173
353 715-612 Public Water Supply $ 260,000 $ 260,000 34,177
356 715-616 Indirect Costs $ 3,000,000 $ 3,000,000 34,181
357 715-619 Air Pollution Control $ 388,750 $ 255,000 34,185
362 715-605 Underground Injection 34,187
Control $ 50,000 $ 0 34,189
TOTAL FED Federal Special Revenue 34,190
Fund Group $ 37,167,934 $ 37,714,620 34,193
State Special Revenue Fund Group 34,196
3T3 715-669 Drinking Water SRF $ 5,414,115 $ 5,260,935 34,201
753
4C3 715-647 Central Support 34,203
Indirect $ 7,103,081 $ 7,150,702 34,205
4J0 715-638 Underground Injection 34,207
Control $ 347,808 $ 357,265 34,209
4K2 715-648 Clean Air - Non Title 34,211
V $ 2,882,688 $ 3,183,577 34,213
4K3 715-649 Solid Waste $ 10,471,339 $ 10,779,003 34,217
4K4 715-650 Surface Water 34,219
Protection $ 7,117,576 $ 7,134,669 34,221
4K5 715-651 Drinking Water 34,223
Protection $ 4,344,761 $ 4,460,047 34,225
4P5 715-654 Cozart Landfill $ 133,640 $ 137,382 34,229
4R5 715-656 Scrap Tire Management $ 3,333,097 $ 2,441,618 34,233
4R9 715-658 Voluntary Action 34,235
Program $ 171,406 $ 201,634 34,237
4T3 715-659 Clean Air Title V 34,239
Permit Program $ 16,254,785 $ 17,466,741 34,241
4U7 715-660 Construction & 34,243
Demolition Debris $ 122,000 $ 127,500 34,245
5H4 715-664 Groundwater Support $ 1,383,904 $ 1,412,845 34,249
500 715-608 Immediate Removal 34,251
Special Account $ 800,390 $ 601,597 34,253
503 715-621 Hazardous Waste 34,255
Facility Management $ 8,219,531 $ 8,283,100 34,257
503 715-662 Hazardous Waste 34,259
Facility Board $ 654,214 $ 641,903 34,261
505 715-623 Hazardous Waste 34,263
Cleanup $ 12,914,553 $ 11,881,897 34,265
541 715-670 Site Specific Cleanup $ 2,417,353 $ 2,024,727 34,269
542 715-671 Risk Management 34,271
Reporting $ 480,200 $ 480,200 34,273
592 715-627 Anti-Tampering 34,275
Settlement $ 16,530 $ 15,334 34,277
754
6A1 715-645 Environmental 34,279
Education $ 2,137,081 $ 2,138,253 34,281
602 715-626 Motor Vehicle 34,283
Inspection and
Maintenance $ 2,630,980 $ 2,474,801 34,285
644 715-631 ER Radiological 34,287
Safety $ 183,380 $ 184,893 34,289
660 715-629 Infectious Wastes 34,291
Management $ 127,849 $ 131,251 34,293
676 715-642 Water Pollution 34,295
Control Loan
Administration $ 100,000 $ 1,060,000 34,297
678 715-635 Air Toxic Release $ 355,457 $ 370,598 34,301
679 715-636 Emergency Planning $ 1,897,343 $ 1,950,986 34,305
696 715-643 Air Pollution Control 34,307
Administration $ 765,621 $ 790,153 34,309
699 715-644 Water Pollution 34,311
Control
Administration $ 487,633 $ 500,384 34,313
TOTAL SSR State Special Revenue 34,314
Fund Group $ 93,268,315 $ 93,643,995 34,317
TOTAL ALL BUDGET FUND GROUPS $ 159,093,513 $ 160,991,491 34,320
Central Support Indirect Chargeback 34,323
The Environmental Protection Agency, with approval of the 34,325
Director of Budget and Management, shall utilize a methodology 34,326
for determining each division's payments into the Operating 34,327
Expenses Fund (Fund 4A1). The methodology used shall contain the 34,328
characteristics of administrative ease and uniform application. 34,329
Payments to the Operating Expenses Fund (Fund 4A1) shall be made
using an intrastate transfer voucher. 34,330
Memorandum of Understanding 34,332
Due to the competitive economic forces of Ohio's bordering 34,334
states, the Director of the Environmental Protection Agency 34,335
should actively pursue a memorandum of understanding with the 34,336
755
United States Environmental Protection Agency for the Voluntary 34,337
Action Program in Ohio. A memorandum of understanding will raise 34,338
the level of comfort and protection for participants in the 34,339
Voluntary Action Program, with the goal of attracting economic
development and enhancing environmental protection. 34,340
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION 34,342
General Revenue Fund 34,344
GRF 172-321 Operating Expenses $ 463,373 $ 464,059 34,349
TOTAL GRF General Revenue Fund $ 463,373 $ 464,059 34,352
TOTAL ALL BUDGET FUND GROUPS $ 463,373 $ 464,059 34,355
Section 48. ETH OHIO ETHICS COMMISSION 34,358
General Revenue Fund 34,360
GRF 146-321 Operating Expenses $ 1,312,468 $ 1,304,989 34,365
TOTAL GRF General Revenue Fund $ 1,312,468 $ 1,304,989 34,368
General Services Fund Group 34,371
4M6 146-601 Operating Expenses $ 338,667 $ 363,766 34,376
TOTAL GSF General Services 34,377
Fund Group $ 338,667 $ 363,766 34,380
TOTAL ALL BUDGET FUND GROUPS $ 1,651,135 $ 1,668,755 34,383
Section 49. EXP OHIO EXPOSITIONS COMMISSION 34,386
General Revenue Fund 34,388
GRF 723-403 Junior Fair Subsidy $ 500,000 $ 525,000 34,393
GRF 723-404 State Fair Reserve $ 700,000 $ 0 34,397
TOTAL GRF General Revenue Fund $ 1,200,000 $ 525,000 34,400
State Special Revenue Fund Group 34,403
506 723-601 Operating Expenses $ 13,483,707 $ 13,945,497 34,408
4N2 723-602 Ohio State Fair 34,410
Harness Racing $ 475,000 $ 500,000 34,412
640 723-603 State Fair Reserve $ 700,000 $ 0 34,416
TOTAL SSR State Special Revenue 34,417
Fund Group $ 14,658,707 $ 14,445,497 34,420
TOTAL ALL BUDGET FUND GROUPS $ 15,858,707 $ 14,970,497 34,423
State Fair Reserve 34,426
Within thirty days after the effective date of this 34,428
756
section, the Director of Budget and Management shall transfer 34,429
$700,000 in cash by intrastate transfer voucher from 34,430
appropriation line item 723-404 to Fund 640, State Fair Reserve, 34,431
which is hereby created.
The foregoing appropriation item 723-603, State Fair 34,433
Reserve, shall serve as a budget reserve fund for the Ohio 34,434
Expositions Commission in the event of a significant decline in 34,435
attendance due to inclement weather or extraordinary 34,436
circumstances during the Ohio State Fair and resulting in a loss 34,437
of revenue. The State Fair Reserve may be used by the Ohio 34,438
Expositions Commission to pay bills resulting from the Ohio State 34,439
Fair only if all the following criteria are met: 34,440
(A) Admission revenues for the 1999 Ohio State Fair are 34,442
less than $2,580,000 or admission revenues for the 2000 Ohio 34,443
State Fair are less than $2,660,000 due to inclement weather or 34,444
extraordinary circumstances. These amounts are ninety per cent 34,445
of the projected admission revenues for each year. 34,446
(B) The Ohio Expositions Commission declares a state of 34,448
fiscal exigency and requests release of funds by the Director of 34,449
Budget and Management. 34,450
(C) The Director of Budget and Management releases the 34,452
funds. The Director of Budget and Management may approve or 34,453
disapprove the request for release of funds, may increase or 34,454
decrease the amount of release, and may place such conditions as 34,455
the director deems necessary on the use of the released funds. 34,456
The Director of Budget and Management may transfer appropriation 34,457
authority from fiscal year 2000 to fiscal year 2001 as needed. 34,458
Section 50. GOV OFFICE OF THE GOVERNOR 34,460
General Revenue Fund 34,462
GRF 040-321 Operating Expenses $ 4,621,451 $ 4,764,041 34,467
GRF 040-403 National Governors 34,469
Conference $ 170,848 $ 175,973 34,471
GRF 040-408 Office of Veterans' 34,473
Affairs $ 266,938 $ 274,866 34,475
757
GRF 040-501 Veterans Service 34,477
Commission Education $ 20,000 $ 20,000 34,479
TOTAL GRF General Revenue Fund $ 5,079,237 $ 5,234,880 34,482
General Services Fund Group 34,485
412 040-607 Notary Commission $ 156,666 $ 161,289 34,490
TOTAL GSF General Services 34,491
Fund Group $ 156,666 $ 161,289 34,494
TOTAL ALL BUDGET FUND GROUPS $ 5,235,903 $ 5,396,169 34,497
Appointment of Legal Counsel for the Governor 34,500
The Governor may expend a portion of the foregoing 34,502
appropriation item 040-321, Operating Expenses, to hire or 34,503
appoint legal counsel to be used in proceedings involving the 34,504
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 34,505
notwithstanding sections 109.02 and 109.07 of the Revised Code. 34,506
Of the foregoing appropriation item 040-501, Veterans 34,508
Service Commission Education, no more than $20,000 in each fiscal 34,509
year may be used to provide moneys to the Association of County 34,510
Veterans Service Commissioners to reimburse its member county 34,511
veterans service commissions for costs incurred in carrying out 34,512
educational and outreach duties required under divisions (E) and 34,513
(F) of section 5901.03 of the Revised Code. Upon the 34,514
presentation of an itemized statement, the Office of Veterans 34,516
Affairs shall direct the Auditor of State to issue a warrant upon 34,518
the state treasury to the association to reimburse member
commissions for reasonable and appropriate expenses incurred 34,519
performing these duties. The association shall establish uniform 34,520
procedures for reimbursing member commissions. 34,521
Section 51. DOH DEPARTMENT OF HEALTH 34,523
General Revenue Fund 34,525
GRF 440-402 Osteoporosis 34,528
Awareness $ 50,000 $ 50,000 34,530
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 34,534
758
GRF 440-407 Encephalitis Control 34,536
Project $ 246,967 $ 250,484 34,538
GRF 440-412 Cancer Incidence 34,540
Surveillance System $ 827,770 $ 828,159 34,542
GRF 440-413 Ohio Health Care 34,544
Policy and Data $ 3,848,845 $ 3,848,845 34,546
GRF 440-416 Child and Family 34,548
Health Services $ 11,179,151 $ 11,189,770 34,550
GRF 440-418 Immunizations $ 7,417,075 $ 8,096,207 34,554
GRF 440-424 Kid's Card $ 125,000 $ 125,000 34,557
GRF 440-430 Adult Care Facilities $ 1,836,179 $ 1,818,757 34,561
GRF 440-439 Nursing Home Survey 34,563
and Certification $ 3,081,223 $ 3,159,794 34,565
GRF 440-444 AIDS Prevention/AZT $ 8,080,677 $ 8,784,732 34,569
GRF 440-445 Nurse Aide Program $ 618,832 $ 620,832 34,573
GRF 440-451 Prevention $ 6,134,734 $ 7,128,593 34,577
GRF 440-452 Child and Family 34,579
Health Care
Operations $ 989,603 $ 979,196 34,581
GRF 440-453 Quality Assurance $ 5,920,825 $ 5,946,099 34,585
GRF 440-457 Services to State 34,587
Employees $ 135,143 $ 134,700 34,589
GRF 440-459 Ohio Early Start $ 12,056,497 $ 12,703,712 34,593
GRF 440-461 Vital Statistics $ 3,579,867 $ 3,541,713 34,597
GRF 440-501 Local Health 34,599
Districts $ 4,059,968 $ 4,157,407 34,601
GRF 440-504 Poison Control 34,603
Network $ 397,000 $ 401,728 34,605
GRF 440-505 Medically Handicapped 34,607
Children $ 12,533,049 $ 12,533,049 34,609
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 34,613
GRF 440-507 Cystic Fibrosis $ 799,968 $ 800,136 34,617
GRF 440-508 Migrant Health $ 125,460 $ 128,471 34,621
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 34,625
759
TOTAL GRF General Revenue Fund $ 85,846,286 $ 89,042,453 34,628
General Services Fund Group 34,631
142 440-618 General Operations $ 3,661,794 $ 3,395,177 34,636
211 440-613 Central Support 34,638
Indirect Costs $ 24,374,512 $ 25,014,398 34,640
473 440-622 Lab Operating 34,642
Expenses $ 3,788,586 $ 3,843,985 34,644
683 440-633 Employee Assistance 34,646
Program $ 1,063,630 $ 1,034,876 34,648
698 440-634 Nurse Aide Training $ 221,634 $ 227,403 34,652
TOTAL GSF General Services 34,653
Fund Group $ 33,110,156 $ 33,515,839 34,656
Federal Special Revenue Fund Group 34,659
320 440-601 Maternal Child Health 34,662
Block Grant $ 26,200,000 $ 26,855,000 34,664
387 440-602 Preventive Health 34,666
Block Grant $ 8,786,601 $ 8,786,601 34,668
389 440-604 Women, Infants, and 34,670
Children $ 177,000,000 $ 177,000,000 34,672
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 34,676
392 440-618 General Operations $ 63,328,268 $ 64,876,942 34,680
TOTAL FED Federal Special Revenue 34,681
Fund Group $ 295,174,513 $ 297,879,637 34,684
State Special Revenue Fund Group 34,687
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 34,692
4F9 440-610 Sickle Cell Disease 34,694
Control $ 966,867 $ 988,347 34,696
4G0 440-636 Heirloom Birth 34,698
Certificate $ 135,206 $ 138,853 34,700
4G0 440-637 Birth Certificate 34,702
Surcharge $ 51,400 $ 52,839 34,704
4L3 440-609 Miscellaneous 34,706
Expenses $ 365,000 $ 365,000 34,708
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 34,712
760
470 440-618 General Operations $ 12,541,756 $ 12,320,915 34,716
471 440-619 Certificate of Need $ 321,962 $ 330,371 34,720
477 440-627 Medically Handicapped 34,722
Children Audit $ 1,600,000 $ 1,600,000 34,724
5B5 440-616 Quality, Monitoring, 34,726
and Inspection $ 740,973 $ 759,670 34,728
5C0 440-615 Alcohol Testing and 34,730
Permit $ 1,305,067 $ 1,325,113 34,732
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 34,736
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 34,740
610 440-626 Radiation Emergency 34,742
Response $ 920,982 $ 921,584 34,743
666 440-607 Medically Handicapped 34,745
Children-County
Assessments $ 14,433,293 $ 14,039,889 34,747
TOTAL SSR State Special Revenue 34,748
Fund Group $ 39,427,358 $ 38,529,340 34,751
Holding Account Redistribution Fund Group 34,754
R14 440-631 Vital Statistics $ 68,691 $ 68,691 34,759
R48 440-625 Refunds, Grants 34,761
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 34,763
TOTAL 090 Holding Account 34,764
Redistribution
Fund Group $ 78,971 $ 78,971 34,767
TOTAL ALL BUDGET FUND GROUPS $ 453,637,284 $ 459,046,240 34,770
Hemophilia Services 34,773
Of the foregoing appropriation item 440-406, Hemophilia 34,775
Services, $205,000 in each fiscal year shall be used to implement 34,776
the Hemophilia Insurance Pilot Project. 34,777
Of the foregoing appropriation item 440-406, Hemophilia 34,779
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 34,780
year 2001 shall be used by the Department of Health to provide 34,781
grants to the nine hemophilia treatment centers to provide 34,782
761
prevention services for persons with hemophilia and their family 34,783
members affected by AIDS and other bloodborne pathogens. 34,784
Cancer Registry System 34,786
Of the foregoing appropriation item 440-412, Cancer 34,788
Incidence Surveillance System, $50,000 in each fiscal year shall 34,789
be provided to the Northern Ohio Cancer Resource Center. 34,790
The remaining moneys in appropriation item 440-412, Cancer 34,792
Incidence Surveillance System, shall be used to fund the Cancer 34,793
Surveillance System maintained and operated by the Arthur G. 34,794
James Cancer Hospital and Research Institute of The Ohio State 34,795
University pursuant to sections 3335.60 to 3335.62 of the Revised 34,797
Code.
The Department of Health shall provide the Arthur G. James 34,799
Cancer Hospital and Research Institute of The Ohio State 34,800
University with all of its records pertaining to the department's 34,801
former duties under sections 3701.261 (3335.60), 3701.262 34,802
(3335.61), and 3701.263 (3335.62) of the Revised Code as those 34,803
sections existed immediately prior to the effective date of their 34,804
amendment by this act. 34,805
Health Care Policy and Data 34,807
The Director of Budget and Management shall transfer, no 34,809
later than 15 days after the effective date of this section, 34,810
$100,000 in fiscal year 2000 from appropriation item 400-410, 34,811
TANF State, or 400-411, TANF Federal Block Grant, or both, to 34,812
appropriation item 440-413, Ohio Health Care Policy and Data.
These funds shall be used by the Hamilton Health Care Center to 34,813
provide health care services for children or their families who 34,814
reside in Butler County, whose income is at or below 200 per cent 34,815
of the official poverty guideline. The amount is hereby 34,816
appropriated. 34,817
The Director of Budget and Management shall transfer, no 34,819
later than August 1, 2000, $100,000 in fiscal year 2001 from 34,821
appropriation item 600-410, TANF State, or 600-411, TANF Federal 34,822
Block Grant, or both, to appropriation item 440-413, Ohio Health 34,823
762
Care Policy and Data. These funds shall be used by the Hamilton 34,824
Health Care Center to provide health care services for children 34,825
or their families who reside in Butler County, whose income is at 34,826
or below 200 per cent of the official poverty guideline. The 34,827
amount is hereby appropriated. 34,828
From the foregoing appropriation item 440-413, Ohio Health 34,830
Care Policy and Data, $750,000 in each fiscal year shall be used 34,831
for grants that enhance the quality and delivery of public and 34,832
private health services. Funds shall be distributed by the 34,833
Director of Health for a period of up to two years. The funds 34,834
granted by the Department of Health or other state dollars shall
constitute no more than 50 per cent of the total cost of the 34,835
program or project. The grantees shall use data collection and 34,836
analysis, community health needs assessments, and outcome 34,837
measurement to achieve the goals of the program or project. 34,838
Funded programs and projects shall demonstrate collaborative 34,839
activities between public health agencies and organizations,
provider alliances and organizations, or providers of acute 34,840
health care services. 34,841
Child and Family Health Services 34,843
Of the foregoing appropriation item 440-416, Child and 34,845
Family Health Services, $1,700,000 in each fiscal year shall be 34,846
used for family planning services. None of the funds received 34,848
through these family planning grants shall be used to provide 34,850
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 34,851
except in the case of a medical emergency. These funds shall be 34,852
distributed on the basis of the relative need in the community 34,853
served by the Director of Health to family planning programs, 34,854
which shall include family planning programs funded under Title V 34,855
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 34,857
301, as amended, and Title X of the "Public Health Services Act," 34,858
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 34,859
other family planning programs which the Department of Health 34,860
763
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 34,861
emergency, with state moneys, but that otherwise substantially 34,862
comply with the quality standards for such programs under Title V 34,863
and Title X.
The Director of Budget and Management shall transfer, no 34,865
later than 15 days after the effective date of this section, from 34,866
appropriation item 400-410, TANF State, or 400-411, TANF Federal 34,867
Block Grant, or both, to appropriation item 440-416, Child and 34,868
Family Health Services, $250,000 in fiscal year 2000 to be used 34,869
for family planning services for children or their families whose
income is at or below 200 per cent of the official poverty 34,870
guideline. The amount is hereby appropriated. 34,871
The Director of Budget and Management shall transfer, no 34,873
later than July 15, 2000, from appropriation item 600-410, TANF 34,874
State, or 600-411, TANF Federal Block Grant, or both, to 34,875
appropriation item 440-416, Child and Family Health Services, 34,876
$250,000 in fiscal year 2001 to be used for family planning
services for children or their families whose income is at or 34,877
below 200 per cent of the official poverty guideline. The amount 34,878
is hereby appropriated.
The Director of Health shall, by rule, provide reasonable 34,880
methods by which a grantee wishing to be eligible for federal 34,881
funding may comply with these requirements for state funding 34,882
without losing its eligibility for federal funding. 34,883
Of the foregoing appropriation item 440-416, Child and 34,885
Family Health Services, $150,000 in each fiscal year shall be 34,886
used to provide malpractice insurance for physicians and other 34,888
health professionals providing prenatal services in programs 34,889
funded by the Department of Health. 34,890
Of the foregoing appropriation item 440-416, Child and 34,892
Family Health Services, $650,000 in each fiscal year shall be 34,894
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 34,896
764
Family Health Services, $200,000 shall be used in each fiscal 34,898
year for the OPTIONS dental care access program. 34,899
Of the foregoing appropriation item 440-416, Child and 34,901
Family Health Services, $400,000 in each fiscal year shall be 34,902
used by local Child and Family Health Services Clinics to provide 34,903
services to uninsured low-income persons. 34,904
Of the foregoing appropriation item 440-416, Child and 34,906
Family Health Services, $600,000 in each fiscal year shall be 34,907
used by Federally Qualified Health Centers and federally 34,908
designated look-alikes to provide services to uninsured 34,909
low-income persons.
Of the foregoing appropriation item 440-416, Child and 34,911
Family Health Services, $25,000 in fiscal year 2000 shall be 34,912
provided to the Cincinnati Down Syndrome Association. 34,913
Of the foregoing appropriation item 440-416, Child and 34,915
Family Health Services, $40,000 in each fiscal year shall be 34,916
provided to the Wellness Community Center. 34,917
HIV/AIDS Prevention/Protease Inhibitors 34,919
Of the foregoing appropriation item 440-444, AIDS 34,921
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 34,922
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 34,923
in acquiring protease inhibitor drugs. 34,924
Of the foregoing appropriation item 440-444, AIDS 34,926
Prevention/AZT, $124,500 in each fiscal year shall be used for 34,927
the AIDS Drug Reimbursement Program pursuant to section 3701.241 34,928
of the Revised Code and Title XXVI of the "Public Health Services 34,929
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 34,930
Department of Health is authorized to adopt rules pursuant to 34,931
Chapter 119. of the Revised Code as necessary for the 34,932
administration of the program. 34,933
Prevention 34,935
Of the foregoing appropriation item 440-451, Prevention, 34,937
$100,000 shall be used in each fiscal year for rape prevention 34,939
programs.
765
Of the foregoing appropriation item 440-451, Prevention, 34,941
$450,000 in fiscal year 2001 shall be used for rabies prevention. 34,942
Ohio Early Start 34,944
Of the foregoing appropriation item 440-459, Ohio Early 34,946
Start, $5.9 million in fiscal year 2000 and $6.0 million in 34,947
fiscal year 2001 shall be used for Welcome Home services that 34,948
include home visits by registered nurses to first-time and teen 34,949
parents.
The remaining moneys in appropriation item 440-459, Ohio 34,951
Early Start, shall be used to provide services to children under 34,952
age three who are at risk of developmental delay or child abuse 34,953
and neglect. The appropriation shall be allocated with the 34,954
approval of the Family and Children First Cabinet Council and 34,955
pursuant to rules adopted in accordance with Chapter 119. of the 34,956
Revised Code.
Poison Control Network 34,958
Of the foregoing appropriation item 440-504, Poison Control 34,960
Network, all available funds in each fiscal year shall be used by 34,961
the Department of Health for grants to the consolidated Ohio 34,962
Poison Control Center to provide poison control services to Ohio 34,963
citizens. 34,964
Tuberculosis 34,966
The foregoing appropriation item 440-506, Tuberculosis, 34,968
shall be used to make payments to counties pursuant to section 34,969
339.43 of the Revised Code. 34,970
Maternal Child Health Block Grant 34,972
Of the foregoing appropriation item 440-601, Maternal Child 34,974
Health Block Grant (Fund 320), $2,091,299 shall be used in each 34,975
fiscal year for the purposes of abstinence-only education. The 34,976
Director of Health shall develop guidelines for the establishment 34,977
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 34,978
shall be pursuant to Title V of the "Social Security Act," 42 34,979
U.S.C.A. 510, and shall include, but are not limited to, 34,980
766
advertising campaigns and direct training in schools and other 34,981
locations.
A portion of the foregoing appropriation item 440-601, 34,983
Maternal Child Health Block Grant (Fund 320), may be used to 34,984
ensure that current information on sudden infant death syndrome 34,985
is available for distribution by local health districts. 34,986
Genetics Services 34,988
The foregoing appropriation item 440-608, Genetics Services 34,990
(Fund 4D6), shall be used by the Department of Health to 34,991
administer programs authorized by sections 3701.501 and 3701.502 34,992
of the Revised Code. 34,993
Sickle Cell Fund 34,995
The foregoing appropriation item 440-610, Sickle Cell 34,997
Disease Control (Fund 4F9), shall be used by the Department of 34,998
Health to administer programs authorized by section 3701.131 of 34,999
the Revised Code. The source of the funds is as specified in 35,000
section 3701.23 of the Revised Code. 35,001
Osteoporosis Awareness Program 35,003
Grants from pharmaceutical companies, and others, for the 35,005
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 35,006
Non-Governmental Revenue, and shall be used, along with 35,007
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 35,009
Office of Women's Health Initiatives to implement an Osteoporosis 35,010
Awareness Program.
Medically Handicapped Children Audit 35,012
The Medically Handicapped Children Audit Fund (Fund 477) 35,014
shall receive revenue from audits of hospitals and recoveries 35,015
from third-party payors. Moneys may be expended for payment of 35,016
audit settlements and for costs directly related to obtaining 35,017
recoveries from third-party payors and for encouraging Program 35,018
for Medically Handicapped Children recipients to apply for 35,019
third-party benefits. Moneys also may be expended for payments 35,020
for diagnostic and treatment services on behalf of medically 35,021
handicapped children, as defined in division (A) of section 35,022
767
3701.022 of the Revised Code, and Ohio residents who are 35,023
twenty-one or more years of age and who are suffering from cystic 35,024
fibrosis.
Rabies Prevention 35,026
The foregoing appropriation item 440-624, Health Services 35,028
(Fund 5E1), shall be used for rabies prevention. 35,029
Medically Handicapped Children - County Assessments 35,032
The foregoing appropriation item 440-607, Medically 35,034
Handicapped Children - County Assessments (Fund 666), shall be 35,035
used to make payments pursuant to division (E) of section 35,036
3701.023 of the Revised Code. 35,037
Cash Transfer from Liquor Control Fund to Alcohol Testing 35,039
and Permit Fund 35,040
The Director of Budget and Management, pursuant to a plan 35,042
submitted by the Department of Health, or as otherwise determined 35,044
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 35,046
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 35,047
needs of the Alcohol Testing and Permit program. 35,048
The Director of Budget and Management shall transfer to the 35,050
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 35,051
Control Fund (Fund 043) established in section 4301.12 of the 35,052
Revised Code such amounts at such times as determined by the 35,053
transfer schedule.
Indigent Persons Care Study 35,055
Before December 31, 1999, the Department of Health shall 35,057
submit a report to the Governor, the Speaker of the House of 35,058
Representatives, the President of the Senate, the Minority Leader 35,059
of the House of Representatives, the Minority Leader of the 35,060
Senate, the Legislative Budget Office of the Legislative Service 35,061
Commission, and the Office of Budget and Management. The report 35,062
shall include findings based on the data collected between July 35,063
1, 1997, and June 30, 1999, regarding the number of indigent 35,064
persons involved in motor vehicle accidents, the cost of the 35,065
768
indigent persons' medical care, and how the care was paid for. 35,066
Section 52. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 35,068
General Revenue Fund 35,070
GRF 148-100 Personal Services $ 173,950 $ 178,125 35,075
GRF 148-200 Maintenance $ 37,422 $ 38,320 35,079
TOTAL GRF General Revenue Fund $ 211,372 $ 216,445 35,082
General Services Fund Group 35,084
601 148-602 Gifts and 35,087
Miscellaneous $ 8,107 $ 8,302 35,089
TOTAL GSF General Services 35,090
Fund Group $ 8,107 $ 8,302 35,093
TOTAL ALL BUDGET FUND GROUPS $ 219,479 $ 224,747 35,096
Resource Utilization Study 35,099
The Commission on Hispanic/Latino Affairs shall explore 35,101
with the University of Toledo, or any other state university or 35,102
college, better options for utilizing the state resources 35,103
provided to the commission. The commission shall submit a report 35,104
of its findings to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader 35,105
of the House of Representatives, and the Minority Leader of the 35,106
Senate by December 31, 2000. 35,107
Section 53. OHS OHIO HISTORICAL SOCIETY 35,109
General Revenue Fund 35,111
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 35,116
GRF 360-502 Site Operations $ 7,482,699 $ 7,406,284 35,120
GRF 360-503 Ohio Bicentennial 35,122
Commission $ 1,096,155 $ 1,108,063 35,124
GRF 360-504 Ohio Preservation 35,126
Office $ 346,507 $ 354,824 35,128
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 35,132
GRF 360-506 Hayes Presidential 35,134
Center $ 751,229 $ 769,258 35,136
GRF 360-508 Historical Grants $ 1,135,000 $ 125,000 35,140
769
GRF 360-509 Adena Visitor Center 35,142
and Grounds $ 1,200,000 $ 0 35,144
TOTAL GRF General Revenue Fund $ 16,997,139 $ 14,868,630 35,147
TOTAL ALL BUDGET FUND GROUPS $ 16,997,139 $ 14,868,630 35,150
Subsidy Appropriation 35,153
Upon approval by the Director of Budget and Management, the 35,155
foregoing appropriation items shall be released to the Ohio 35,156
Historical Society in quarterly amounts that in total do not 35,157
exceed the annual appropriations. The funds and fiscal records 35,158
of the society for fiscal years 2000 and 2001 shall be examined 35,159
by independent certified public accountants approved by the 35,160
Auditor of State, and a copy of the audited financial statements 35,161
shall be filed with the Office of Budget and Management. The 35,162
society shall prepare and submit to the Office of Budget and 35,164
Management the following:
(A) An estimated operating budget for each fiscal year of 35,166
the biennium. The operating budget shall be submitted at or near 35,167
the beginning of each year. 35,168
(B) Financial reports, indicating actual receipts and 35,170
expenditures for the fiscal year to date. These reports shall be 35,171
filed at least semiannually during the fiscal biennium. 35,172
The foregoing appropriations shall be considered to be the 35,174
contractual consideration provided by the state to support the 35,175
state's offer to contract with the Ohio Historical Society under 35,176
section 149.30 of the Revised Code. 35,177
Site Operations 35,179
Of the foregoing appropriation item 360-502, Site 35,181
Operations, $150,000 in fiscal year 2000 shall be used for the 35,182
Neil Armstrong Museum.
Ohio Bicentennial Commission 35,184
Of the foregoing appropriation item 360-503, Ohio 35,186
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 35,187
used for the Newark Bicentennial, and $50,000 in fiscal year 2000 35,188
shall be used for the Aurora Bicentennial.
770
Historical Grants 35,190
Of the foregoing appropriation item 360-508, Historical 35,192
Grants, $500,000 in fiscal year 2000 shall be distributed to the 35,193
Cleveland Museum of Art. 35,194
Of the foregoing appropriation item 360-508, Historical 35,196
Grants, $25,000 in each fiscal year shall be used for Thurber 35,197
House.
Of the foregoing appropriation item 360-508, Historical 35,199
Grants, $100,000 in each fiscal year shall be used for the 35,200
American Classical Music Hall of Fame and Museum. 35,201
Of the foregoing appropriation item 360-508, Historical 35,203
Grants, $500,000 in fiscal year 2000 shall be distributed to the 35,204
Western Reserve Historical Society. 35,205
Of the foregoing appropriation item 360-508, Historical 35,207
Grants, $10,000 in fiscal year 2000 shall be released to Historic 35,208
Hopewell.
Adena Visitor Center and Grounds 35,210
The foregoing appropriation item 360-509, Adena Visitor 35,212
Center and Grounds, shall be used toward the completion of a 35,213
visitor center and the repair, restoration, and renovation of 35,214
existing structures in preparation for Ohio's bicentennial 35,215
celebration.
Hayes Presidential Center 35,217
If a United States government agency, including, but not 35,219
limited to, the National Park Service, chooses to take over the 35,220
operations and/or maintenance of the Hayes Presidential Center, 35,221
in whole or in part, the Ohio Historical Society shall make 35,223
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 35,225
and/or maintenance.
Ohio Historical Society Review Committee 35,227
(A) There is hereby created the Ohio Historical Society 35,229
Review Committee consisting of seven members. The Governor, the 35,230
Speaker of the House of Representatives, the President of the 35,231
771
Senate, and the minority leaders of the House and the Senate 35,232
shall each appoint one member. The President of the Ohio 35,233
Historical Society Board of Trustees, and another member of the 35,234
Ohio Historical Society Board shall also be members. 35,235
(1) All members shall serve without compensation. 35,237
(2) Four members shall constitute a quorum. 35,239
(3) The society's members shall include one representative 35,241
who is elected by the society and one who is appointed by the 35,242
Governor.
(4) The review committee shall select a chairperson from 35,244
among its members.
(B) The task of the review committee shall include, but is 35,246
not limited to, the formulation of financial alternatives 35,247
concerning future funding needs, a review of the appropriateness 35,248
of the statutory duties of the society, and a review of the 35,249
financial and governance relationship between the state and the
Ohio Historical Society. 35,250
(C) The review committee shall make recommendations to the 35,252
Governor, the House of Representatives, the Senate, and the Ohio 35,253
Historical Society by October 1, 2000, at which time the 35,255
committee shall be terminated.
(D) The review committee may enter into professional 35,257
services contracts to assist with their review. Such expenses, 35,258
and other expenses related to the activities of the review 35,259
committee, shall be paid from the foregoing appropriation item 35,261
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 35,262
Section 54. REP OHIO HOUSE OF REPRESENTATIVES 35,264
General Revenue Fund 35,266
GRF 025-321 Operating Expenses $ 17,989,966 $ 17,989,966 35,271
TOTAL GRF General Revenue Fund $ 17,989,966 $ 17,989,966 35,274
General Services Fund Group 35,277
103 025-601 House Reimbursement $ 1,287,500 $ 1,287,500 35,282
4A4 025-602 Miscellaneous Sales $ 33,990 $ 33,990 35,286
772
TOTAL GSF General Services 35,287
Fund Group $ 1,321,490 $ 1,321,490 35,290
TOTAL ALL BUDGET FUND GROUPS $ 19,311,456 $ 19,311,456 35,293
Section 55. HUM DEPARTMENT OF HUMAN SERVICES 35,296
General Revenue Fund 35,298
GRF 400-100 Personal Services 35,301
State $ 35,596,987 $ 0 35,305
Federal $ 16,903,068 $ 0 35,309
Personal Services 35,311
Total $ 52,500,055 $ 0 35,313
GRF 400-200 Maintenance 35,315
State $ 17,044,633 $ 0 35,319
Federal $ 7,409,647 $ 0 35,323
Maintenance Total $ 24,454,280 $ 0 35,327
GRF 400-300 Equipment 35,329
State $ 925,465 $ 0 35,333
Federal $ 406,522 $ 0 35,337
Equipment Total $ 1,331,987 $ 0 35,341
GRF 400-402 Electronic Benefits 35,343
Transfer (EBT)
State $ 7,260,457 $ 0 35,347
Federal $ 7,260,458 $ 0 35,351
EBT Total $ 14,521,095 $ 0 35,355
GRF 400-405 Family Violence 35,357
Prevention Programs $ 812,274 $ 0 35,359
GRF 400-408 Child & Family 35,361
Services Activities $ 3,104,606 $ 0 35,363
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 35,367
GRF 400-410 TANF State $ 261,857,133 $ 0 35,371
GRF 400-411 TANF Federal Block 35,373
Grant $ 417,200,000 $ 0 35,375
GRF 400-413 Day Care Match/Maint. 35,377
of Effort $ 76,454,292 $ 0 35,379
GRF 400-416 Computer Projects 35,381
773
State $ 69,280,200 $ 0 35,385
Federal $ 29,719,800 $ 0 35,389
Computer Projects 35,391
Total $ 99,000,000 $ 0 35,393
GRF 400-420 Child Support 35,395
Administration $ 7,125,822 $ 0 35,397
GRF 400-426 Children's Health 35,399
Insurance Program
State $ 2,104,086 $ 0 35,403
Federal $ 4,656,614 $ 0 35,407
Children's Health 35,409
Insurance Program
Total $ 6,760,700 $ 0 35,411
GRF 400-502 Child Support Match $ 20,207,796 $ 0 35,415
GRF 400-504 Non-TANF County 35,417
Administration $ 76,017,940 $ 0 35,419
GRF 400-511 Disability Assistance $ 52,400,000 $ 0 35,423
GRF 400-512 Non-TANF Emergency 35,425
Assistance $ 4,200,000 $ 0 35,427
GRF 400-522 Burial Claims $ 1,338,062 $ 0 35,431
GRF 400-525 Health Care/Medicaid 35,433
State $2,286,724,346 $ 0 35,437
Federal $3,220,800,570 $ 0 35,441
Health Care/Medicaid 35,443
Total $5,507,524,916 $ 0 35,445
GRF 400-527 Child Protective 35,447
Services $ 54,808,735 $ 0 35,449
GRF 400-528 Adoption Services 35,451
State $ 27,253,334 $ 0 35,455
Federal $ 25,996,634 $ 0 35,459
Adoption Services 35,461
Total $ 53,249,968 $ 0 35,463
GRF 400-534 Adult Protective 35,465
Services $ 2,931,340 $ 0 35,467
774
GRF 400-552 County Social 35,469
Services $ 12,072,886 $ 0 35,471
TOTAL GRF General Revenue Fund 35,472
State $2,798,089,999 $ 0 35,476
Federal $3,966,121,403 $ 0 35,480
GRF Total $6,764,211,402 $ 0 35,484
General Services Fund Group 35,487
4A8 400-658 Child Support 35,490
Collections $ 42,751,619 $ 0 35,492
4R4 400-665 BCII Service Fees $ 110,119 $ 0 35,496
5C9 400-671 Medicaid Program 35,498
Support $ 83,135,065 $ 0 35,500
613 400-645 Training Activities $ 75,000 $ 0 35,504
TOTAL GSF General Services 35,505
Fund Group $ 126,071,803 $ 0 35,508
Federal Special Revenue Fund Group 35,511
3A2 400-641 Emergency Food 35,514
Distribution $ 1,499,480 $ 0 35,516
3D3 400-648 Children's Trust Fund 35,518
Federal $ 1,475,393 $ 0 35,520
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 35,524
3F0 400-650 Hospital Care 35,526
Assurance Match $ 319,566,075 $ 0 35,528
3G5 400-655 Interagency 35,530
Reimbursement $ 775,423,674 $ 0 35,532
3G9 400-657 Special Activities 35,534
Family Assistance $ 333,882 $ 0 35,536
3H7 400-617 Day Care Federal $ 137,857,760 $ 0 35,540
3N0 400-628 IV-E Foster Care 35,542
Maintenance/Pass 35,543
Through $ 162,844,023 $ 0 35,545
3S5 400-622 Child Support 35,547
Projects $ 534,050 $ 0 35,549
775
316 400-602 State and Local 35,551
Training $ 6,770,894 $ 0 35,553
327 400-606 Child Welfare $ 29,007,597 $ 0 35,557
384 400-610 Food Stamps and State 35,559
Administration $ 141,595,547 $ 0 35,561
385 400-614 Foreign Refugees $ 7,309,725 $ 0 35,565
395 400-616 Special 35,567
Activities/Child and
Family Services $ 4,418,844 $ 0 35,569
396 400-620 Social Services Block 35,571
Grant $ 73,947,634 $ 0 35,573
397 400-626 Child Support $ 216,456,690 $ 0 35,577
398 400-627 Adoption Maintenance/ 35,579
Administration $ 204,774,490 $ 0 35,582
TOTAL FED Federal Special Revenue 35,583
Fund Group $2,301,901,550 $ 0 35,586
State Special Revenue Fund Group 35,589
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 35,594
4E3 400-605 Nursing Home 35,596
Assessments $ 92,910 $ 0 35,598
4E7 400-604 Child and Family 35,600
Services Collections $ 138,780 $ 0 35,602
4F1 400-609 Foundation 35,604
Grants/Child and
Family Services $ 1,383,822 $ 0 35,606
4J5 400-613 Nursing Facility Bed 35,608
Assessments $ 32,319,125 $ 0 35,610
4J5 400-618 Residential State 35,612
Supplement Payments $ 14,112,907 $ 0 35,614
4K1 400-621 ICF MR Bed 35,616
Assessments $ 21,323,562 $ 0 35,618
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 35,622
4V2 400-612 Child Support 35,624
Activities $ 124,993 $ 0 35,626
776
5E4 400-615 Private Child Care 35,628
Agencies Training $ 10,280 $ 0 35,630
6A7 400-656 Ford Foundation $ 61,680 $ 0 35,634
600 400-603 Third-Party 35,636
Recoveries $ 10,370,063 $ 0 35,638
651 400-649 Hospital Care 35,640
Assurance Program $ 228,951,047 $ 0 35,642
TOTAL SSR State Special Revenue 35,643
Fund Group $ 313,056,333 $ 0 35,646
Agency Fund Group 35,649
192 400-646 Support Intercept - 35,652
Federal $ 68,354,979 $ 0 35,654
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 35,658
583 400-642 Support 35,660
Intercept-State $ 14,458,021 $ 0 35,662
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 35,665
Holding Account Redistribution Fund Group 35,668
R12 400-643 Refunds and Audit 35,671
Settlements $ 200,000 $ 0 35,673
R13 400-644 Forgery Collections $ 700,000 $ 0 35,677
TOTAL 090 Holding Account 35,678
Redistribution
Fund Group $ 900,000 $ 0 35,681
TOTAL ALL BUDGET FUND GROUPS $9,594,094,088 $ 0 35,684
Section 55.01. Family Violence Prevention 35,687
The foregoing appropriation item 400-405, Family Violence 35,689
Prevention Programs, may be used to provide grants for county and 35,690
local family violence prevention community education initiatives, 35,691
and to provide funding for domestic violence shelters that the 35,692
Department of Human Services determines are exclusively for 35,694
victims of domestic violence.
Section 55.02. Health Care/Medicaid 35,696
The foregoing appropriation item 400-525, Health 35,698
Care/Medicaid, shall not be limited by the provisions of section 35,699
777
131.33 of the Revised Code. 35,700
Section 55.03. Medicaid Administrative Simplifications 35,703
(A) The Department of Human Services shall implement a 35,705
series of initiatives designed to simplify administrative 35,706
procedures in the Medicaid program. The initiatives shall be 35,707
designed to do the following: 35,708
(1) Reduce the complexity of the processes used in 35,710
applying for benefits and in making eligibility determinations, 35,711
including redeterminations of eligibility; 35,712
(2) Create and promote consistency from county to county 35,714
with regard to the Medicaid application and eligibility 35,715
determination processes; 35,716
(3) Coordinate, where possible, the Medicaid application 35,718
and eligibility determination processes with other health and 35,719
human services programs, including the Women, Infants, and 35,720
Children Program administered by the Ohio Department of Health 35,721
under section 3701.132 of the Revised Code; 35,722
(4) Provide information to the public regarding the 35,724
opportunity to receive Medicaid benefits and how to apply for 35,725
them.
(B) During state fiscal year 2000, the Department of Human 35,727
Services shall work with a targeted group of county departments 35,728
of human services in developing and testing the initiatives to 35,729
determine which initiatives would be best for implementation 35,730
statewide. The department shall work with the county departments 35,731
from the following counties: Butler, Clermont, Cuyahoga, 35,732
Franklin, Hamilton, Hocking, Warren, and any other counties 35,733
selected by the department. During state fiscal year 2001, the 35,734
department shall promote the initiatives that were determined to 35,735
be best for statewide implementation. 35,736
Section 55.04. Community Based Providers 35,738
From the foregoing appropriation item 400-525, Health 35,740
Care/Medicaid, $34,600,000 in fiscal year 2000 shall be used to 35,741
increase reimbursements in accordance with division (B) of 35,742
778
section 5111.025 of the Revised Code.
Section 55.05. Disability Assistance 35,744
The following schedule shall be used to determine monthly 35,746
grant levels in the Disability Assistance Program effective July 35,747
1, 1999. 35,748
Persons in 35,750
Assistance Group Monthly Grant 35,751
1 $115 35,754
2 159 35,755
3 193 35,756
4 225 35,757
5 251 35,758
6 281 35,759
7 312 35,760
8 361 35,761
9 394 35,762
10 426 35,763
11 458 35,764
12 490 35,765
13 522 35,766
14 554 35,767
For each additional person add 40 35,770
TANF Federal Funds 35,773
Upon the request of the Department of Human Services, the 35,775
Controlling Board may increase appropriations in appropriation 35,777
item 400-411, TANF Federal Block Grant, provided sufficient 35,778
Federal TANF block grant funds exist to do so, without any 35,779
corresponding decrease in other appropriation items. The 35,781
department shall first provide the Office of Budget and
Management with documentation to support the need for the 35,782
increased appropriation.
TANF County Incentives 35,784
Of the foregoing appropriation item 400-411, TANF Federal 35,786
Block Grant, the Department of Human Services may provide 35,788
779
financial incentives to those county departments of human 35,789
services that have exceeded performance standards adopted by the 35,790
state department, and where the board of county commissioners has 35,791
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 35,792
of the county department. Any financial incentive funds provided 35,793
pursuant to this division shall be used by the county department 35,794
for additional or enhanced services for families eligible for 35,795
assistance under Chapter 5107. or 5108. of the Revised Code or, 35,797
upon request by the county and approval by the Department of
Human Services, be transferred to the Child Care Development Fund 35,798
or the Social Services Block Grant. The county departments of 35,799
human services may retain and expend such funds without regard to 35,801
the state or county fiscal year in which the financial incentives 35,802
were earned or paid. Each county department of human services 35,803
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 35,804
these financial incentives and an evaluation of the effectiveness 35,805
of the county department's use of these funds in achieving 35,806
self-sufficiency for families eligible for assistance under 35,807
Chapter 5107. or 5108. of the Revised Code.
Hamilton Health Care Center 35,809
From the foregoing appropriation item 400-410, TANF State, 35,811
no later than 30 days after the effective date of this section, 35,812
the Director of Budget and Management shall transfer $100,000 in 35,813
appropriation authority to appropriation item 440-413, Ohio 35,814
Health Care Policy and Data, in the Department of Health. The 35,815
transferred appropriation authority shall be used to provide
health care services for children or their families who reside in 35,816
Butler County whose income is at or below 200 per cent of the 35,817
official income poverty guideline.
Alcohol and Drug Addiction Services Transfer 35,819
From the foregoing appropriation item 400-410, TANF State, 35,821
no later than 30 days after the effective date of this section, 35,822
780
the Director of Budget and Management shall transfer $1,623,864 35,823
in appropriation authority to appropriation item 038-401, Alcohol 35,824
and Drug Addiction Services, in the Department of Alcohol and 35,825
Drug Addiction Services. Of the amount transferred, $1,500,000 35,826
in appropriation authority shall be used to provide substance 35,827
abuse prevention and treatment services to children, or their 35,828
families, whose income is at or below 200 per cent of the 35,829
official income poverty guideline. The remaining $123,864 in 35,830
transferred appropriation authority shall be used to fund 35,831
adolescent youth mentoring programs for children or their 35,832
families whose income is at or below 200 per cent of the official 35,833
income poverty guideline. The Director of Alcohol and Drug 35,834
Addiction Services and the Director of Human Services shall 35,836
develop operating and reporting guidelines for these programs. 35,837
Individual Development Accounts 35,839
From the foregoing appropriation items 400-410, TANF State, 35,841
or 400-411, TANF Federal Block Grant, or both, up to $1,000,000 35,842
in fiscal year 2000 shall be used to allow county departments of 35,843
human services to make matching contributions to Individual 35,844
Development Accounts that have been established by residents of 35,845
the county.
Human Services Personal Care Assistance 35,847
From the foregoing appropriation items 400-410, TANF State, 35,849
or 400-411, TANF Federal Block Grant, or both, no later than 30 35,850
days after the effective date of this section, the Director of 35,851
Budget and Management shall transfer $240,000 cash to Fund 3T6, 35,852
appropriation item 415-621, Human Services Personal Care 35,853
Assistance, in the Rehabilitation Services Commission. The cash
transferred shall be used to fund two pilot projects, one in 35,854
Franklin County and one in Cuyahoga County, to place 25 35,855
TANF-eligible persons into jobs as personal care assistants. 35,856
TANF Family Planning 35,858
The Director of Budget and Management shall transfer, no 35,860
later than 15 days after the effective date of this section, 35,861
781
$250,000 in fiscal year 2000 from appropriation item 400-410, 35,862
TANF State, or 400-411, TANF Federal Block Grant, or both, to 35,863
440-416, Child and Family Health Services, to be used for family
planning services. 35,864
Transfer to Ohio Agricultural Surplus Production Alliance 35,866
Initiative 35,867
No later than 30 days after the effective date of this 35,869
section, the Director of Budget and Management shall transfer 35,870
$1,000,000 in appropriation authority from appropriation item 35,871
400-410, TANF State, to appropriation item 700-621, Ohio 35,872
Agricultural Surplus Production Alliance Initiative (Fund 3T8), 35,873
within the Department of Agriculture. The moneys shall be used 35,874
to coordinate the purchase, storage, and distribution of surplus 35,875
commodities provided by growers, producers, and processors with 35,876
the Ohio Association of Second Harvest Foodbanks. The moneys 35,877
shall be used only for the purchase, storage, and transportation 35,878
of these food products and shall not be used for capital 35,879
construction or the purchase of capital goods. No more than 35,880
$50,000 in fiscal year 2000 may be used for administrative 35,881
expenses. These food products shall be provided to TANF-eligible 35,882
individuals. The Director of Agriculture and the Director of 35,883
Human Services shall develop operating and reporting guidelines 35,884
for the program.
Inner City Youth Opportunities Program 35,886
Of the foregoing appropriation items 400-410, TANF State, 35,888
or 400-411, TANF Federal Block Grant, or both, $75,000 in fiscal 35,889
year 2000, no later than 30 days after the effective date of this 35,890
section, shall be distributed to the Inner City Youth 35,891
Opportunities organization of Cincinnati for the purpose of 35,892
providing allowable services to TANF-eligible individuals, 35,893
contingent upon determination by the Department of Human Services 35,894
that such services meet TANF requirements. The Inner City Youth 35,895
Opportunities organization shall provide reports in accordance 35,896
with rules developed by the Department of Human Services. 35,897
782
Funding for Emergency Food Distribution Programs 35,899
Of the foregoing appropriation items 400-410, TANF State, 35,901
or 400-411, TANF Federal Block Grant, or both, $1,500,000 in 35,902
fiscal year 2000 shall be used by the Department of Human 35,903
Services to purchase commodities and distribute those commodities 35,904
to supplement the emergency food distribution programs. No more
than $75,000 may be used in fiscal year 2000 for administrative 35,905
expenses. Agencies receiving commodities under this program 35,907
shall provide reports in accordance with rules developed by the 35,908
Department of Human Services.
TANF Fatherhood Programs 35,910
From the foregoing appropriation item 400-411, TANF Federal 35,912
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 35,913
to support local fatherhood programs. Of the foregoing 35,914
$5,000,000, $300,000 in fiscal year 2000 shall be used to 35,915
establish a Fatherhood Commission.
TANF Adult Literacy and Child Reading Programs 35,917
From the foregoing appropriation item 400-411, TANF Federal 35,919
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 35,920
to support local adult literacy and child reading programs. 35,921
Cincinnati YWCA GED and Child Care Programs 35,923
Of the foregoing appropriation items 400-410, TANF State, 35,925
or 400-411, TANF Federal Block Grant, or both, $25,000 in fiscal 35,926
year 2000 is earmarked for the YWCA of Greater Cincinnati for the 35,927
purpose of providing a General Educational Development (GED) 35,928
program to TANF-eligible individuals. 35,929
Of the foregoing appropriation items 400-410, TANF State, 35,931
or 400-411, TANF Federal Block Grant, or both, $40,000 in fiscal 35,932
year 2000 is earmarked for the YWCA of Greater Cincinnati for the 35,933
purpose of providing child care to individuals enrolled in the 35,934
GED program. The YWCA of Greater Cincinnati shall provide 35,935
reports in accordance with rules developed by the Department of 35,936
Human Services. 35,937
Single Allocation for County Departments of Human Services 35,939
783
Using the foregoing appropriation items 400-504, Non-TANF 35,941
County Administration; 400-610, Food Stamps and State 35,942
Administration; 400-410, TANF State; 400-411, TANF Federal Block 35,944
Grant; 400-620, Social Services Block Grant; 400-552, County 35,945
Social Services; 400-413, Day Care Match/Maintenance of Effort; 35,946
400-617, Day Care Federal; 400-534, Adult Protective Services; 35,947
and 400-614, Foreign Refugees, the Department of Human Services 35,948
may establish a single allocation for county departments of human 35,949
services that are subject to a partnership agreement between a 35,950
board of county commissioners and the department. The county 35,951
department is not required to use all the money from one or more 35,952
of the foregoing appropriations items listed in this paragraph 35,953
for the purpose for which the specific appropriation item is made 35,954
so long as the county department uses the money for a purpose for 35,955
which at least one of the other of those foregoing appropriation 35,956
items is made. The county department may not use the money in 35,957
the allocation for a purpose other than a purpose for which any 35,958
of those foregoing appropriation items are made. If the spending 35,959
estimates used in establishing the single allocation are not 35,960
realized and the county department uses money in one or more of 35,961
those foregoing appropriation items in a manner for which federal 35,962
financial participation is not available, the department shall 35,963
use state funds available in one or more of those foregoing 35,964
appropriation items to ensure that the county department receives 35,965
the full amount of its allocation. The single allocation is the 35,966
maximum amount the county department will receive from those 35,967
foregoing appropriation items. 35,968
Reports on Interagency Transfers 35,970
With regard to the foregoing appropriation item 400-655, 35,972
Interagency Reimbursement, the Department of Human Services shall 35,973
provide the Legislative Budget Office of the Legislative Service 35,974
Commission with a report each month that details interagency 35,976
transfers through the appropriation item. The reports shall 35,977
break down transfers by agency and appropriation item to which 35,978
784
transfers are made. Transfers shall further be broken down by 35,979
source of federal funds, including federal program number (as
shown in the Catalog of Federal Domestic Assistance), grant 35,980
number, and department reporting category number. In addition, 35,981
transfers of Medicaid dollars shall be grouped between 35,982
reimbursement for services and administrative costs. Reports 35,983
shall be provided to the Legislative Budget Office of the 35,984
Legislative Service Commission within two weeks after the end of 35,986
the month.
Section 55.06. Hospital Care Assurance Match 35,988
Appropriation item 400-650, Hospital Care Assurance Match, 35,991
shall be used by the Department of Human Services to receive and 35,992
distribute funds in connection with the Hospital Care Assurance 35,993
Program.
Section 55.07. Transfer of Funds 35,995
The Department of Human Services shall transfer, through 35,997
intrastate transfer vouchers, cash from State Special Revenue 35,998
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 35,999
Community-Based Services, in the Department of Mental Retardation 36,000
and Developmental Disabilities. The sum of the transfers shall 36,001
be equal to the amounts appropriated in fiscal year 2000 in 36,002
appropriation item 322-604, Waiver - Match. The transfer may 36,004
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 36,005
The Department of Human Services shall transfer, through 36,007
intrastate transfer vouchers, cash from the State Special Revenue 36,008
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 36,009
4J4, PASSPORT, in the Department of Aging. The sum of the 36,010
transfers shall be equal to the amount appropriated in fiscal 36,011
year 2000 in appropriation item 490-610, PASSPORT/Residential 36,014
State Supplement. The transfer may occur on a quarterly basis or 36,015
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 36,017
The Department of Human Services shall transfer, through 36,019
785
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 36,020
Program Support, to the Department of Mental Health's Fund 4X5, 36,021
OhioCare, in accordance with an interagency agreement that 36,023
delegates authority from the Department of Human Services to the
Department of Mental Health to administer specified Medicaid 36,024
services.
The Director of Budget and Management shall transfer cash 36,026
from the Department of Human Services Fund 5C9, Medicaid Program 36,028
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 36,029
Transfer from the Children's Trust Fund to the Wellness 36,031
Block Grant Fund
Within 90 days after the effective date of this section, 36,033
the Director of Budget and Management shall transfer $1,000,000 36,035
in fiscal year 2000 from Fund 198, Children's Trust Fund, to Fund 36,036
4N7, Wellness Block Grant, within the Department of Human 36,037
Services' budget.
Foster Care Liability Coverage 36,039
On behalf of public children services agencies and in 36,041
consultation with the Department of Insurance and the Office of 36,042
State Purchasing, the Department of Human Services may seek and 36,043
accept proposals for a uniform and statewide insurance policy to 36,044
indemnify foster parents for personal injury and property damage 36,045
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 36,046
children services agency that agrees to purchase the insurance 36,047
policy.
Protective Services Incentive Funding 36,049
Notwithstanding the formula in section 5101.14 of the 36,051
Revised Code, from the foregoing appropriation item 400-527, 36,052
Child Protective Services, the Department of Human Services may 36,054
use no more than $5,400,000 in fiscal year 2000 as incentive 36,055
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 36,056
786
delivery. The department shall develop a process for the release 36,057
of these funds and may adopt rules in accordance with section 36,058
111.15 of the Revised Code governing the distribution, release, 36,059
and use of these funds.
Of the foregoing appropriation item 400-527, Child 36,061
Protective Services, up to $1,500,000 in fiscal year 2000 may be 36,062
used by the Department of Human Services to provide incentive 36,063
funding for county public children's services agencies. Of this 36,064
amount, the county public children agencies can use $125,000 to
pursue accreditation by the Child Welfare League of America. 36,065
Of the foregoing appropriation item 400-527, Child 36,067
Protective Services, $3,900,000 shall be used in fiscal year 2000 36,068
for the implementation of the federal Adoption and Safe Families 36,069
Act of 1997.
Statewide Automated Child Welfare Information System 36,071
Of the foregoing appropriation item 400-416, Computer 36,072
Projects, in fiscal year 2000, $10,000,000 shall be used for the 36,073
development and implementation of the Statewide Automated Child 36,074
Welfare Information System (SACWIS). 36,075
Day Care/Head Start Collaborations 36,077
The Department of Human Services and the county departments 36,079
of human services shall work to develop collaborative efforts 36,080
between Head Start and child care providers. The Department of 36,081
Human Services may use the foregoing appropriation items 400-413, 36,083
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 36,084
child day care centers. 36,085
Adoption Assistance 36,087
Of the foregoing appropriation item 400-528, Adoption 36,090
Services State, not more than $3,700,000 in fiscal year 2000 36,091
shall be used in support of post finalization adoption services 36,092
offered pursuant to section 5153.163 of the Revised Code. The 36,093
Department of Human Services shall adopt rules and procedures 36,094
pursuant to section 111.15 of the Revised Code to set payment 36,095
787
levels and limit eligibility for post finalization adoption 36,096
services as necessary to limit program expenditures to the 36,097
amounts set forth in this section, based on factors including, 36,098
but not limited to, any or all of the following: type, or 36,099
extent, of the adopted child's disability or special need; and 36,100
resources available to the adoptive family to meet the child's 36,102
service needs.
Child Support Collections/TANF MOE 36,104
The foregoing appropriation item 400-658, Child Support 36,106
Collections, shall be used by the Department of Human Services to 36,107
meet the TANF Maintenance of Effort requirements of Pub. L. No. 36,108
104-193. After the state has met the maintenance of effort 36,109
requirement, the Department of Human Services may use funds from 36,110
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 36,111
Private Child Care Agencies Training 36,113
The foregoing appropriation item 400-615, Private Child 36,115
Care Agencies Training, shall be used by the Department of Human 36,116
Services to provide the state match for federal Title IV-E 36,117
training dollars for private child placing agencies and private 36,118
noncustodial agencies. Revenues shall consist of moneys derived 36,119
from fees established under section 5101.143 of the Revised Code 36,120
and paid by private child placing agencies and private 36,121
noncustodial agencies.
Transfer for Lead Assessments 36,123
Of the foregoing appropriation item 400-525, Health 36,125
Care/Medicaid, the Department of Human Services may transfer 36,126
funds from the General Revenue Fund to the General Operations 36,127
Fund (Fund 142) of the Department of Health. Transfer of the 36,128
funds shall be made through intrastate transfer voucher pursuant 36,129
to an interagency agreement for the purpose of performing
environmental lead assessments in the homes of Medicaid 36,130
Healthcheck recipients.
Childhood Lead Poisoning Prevention Program 36,132
788
Of the foregoing appropriation item 400-525, Health 36,134
Care/Medicaid, up to $250,000 over the biennium shall be used to 36,135
fund the harmonization of data on Medicaid eligible children in 36,136
the Department of Human Services and data on tested children in 36,137
the Department of Health. The Department of Human Services and 36,138
the Department of Health shall jointly hire a consultant to work 36,139
with both agencies in developing and implementing this 36,140
data-sharing program. 36,141
Childhood Lead Poisoning Working Group 36,143
There is hereby created the Childhood Lead Poisoning 36,145
Working Group to work with the consultant on the implementation 36,146
of the data-sharing project, and to study and propose a state 36,147
plan to address lead poisoning treatment and control issues. The 36,148
Working Group shall consist of fourteen members, one of whom must 36,149
be a senator appointed by the President of the Senate, and one 36,150
member shall be a representative appointed by the Speaker of the 36,152
House of Representatives. The Working Group shall also consist
of two designees of the Director of each of the following 36,153
departments: Department of Human Services, Department of Health, 36,154
Department of Development, Ohio Environmental Protection Agency, 36,155
and the Department of Education. The Help End Lead Poisoning 36,156
Coalition shall appoint two members. The members of the Working 36,157
Group shall be appointed within thirty days of the effective date 36,158
of this section. 36,159
Not later than June 30, 2000, the Working Group shall 36,161
submit a report of its findings and recommendations to the 36,162
Speaker and Minority Leader of the House of Representatives and 36,163
the President and the Minority Leader of the Senate. The 36,164
above-mentioned departments shall make staff available to the 36,165
Working Group.
Medicaid Program Support Fund - State 36,167
The foregoing appropriation item 400-671, Medicaid Program 36,169
Support, shall be used by the Department of Human Services to pay 36,170
for Medicaid services and contracts. 36,171
789
Holding Account Redistribution Group 36,173
The foregoing appropriation items 400-643 and 400-644, 36,175
Holding Account Redistribution Fund Group, shall be used to hold 36,176
revenues until they are directed to the appropriate accounts or 36,177
until they are refunded. If it is determined that additional 36,178
appropriation authority is necessary, such amounts are hereby 36,179
appropriated.
Agency Fund Group 36,181
The Agency Fund Group shall be used to hold revenues until 36,184
the appropriate fund is determined or until they are directed to 36,185
the appropriate governmental agency other than the Department of 36,187
Human Services. If it is determined that additional 36,188
appropriation authority is necessary, such amounts are hereby
appropriated. 36,189
Section 55.08. Adoptive Placement Payments 36,191
The foregoing appropriation item 400-408, Child & Family 36,193
Services Activities, may be used to make payments pursuant to 36,194
agreements entered into under section 5103.12 of the Revised 36,195
Code. 36,196
Consolidation of State Grants 36,198
With the consent of a county, the Department of Human 36,200
Services may combine into a single and consolidated grant of 36,201
state aid, funds that would otherwise be provided to that county 36,202
pursuant to the operation of section 5101.14 of the Revised Code 36,203
and other funds that would otherwise be provided to that county 36,204
for the purpose of providing kinship care. 36,205
Funds contained in any such consolidation grant shall not 36,207
be subject to either statutory or administrative rules that would 36,208
otherwise govern allowable uses from such funds, except that such 36,210
funds shall continue to be used by the county to meet the
expenses of its children services program. Funds contained in 36,211
any consolidation grant shall be paid to each county within 36,212
thirty days after the beginning of each calendar quarter. Funds 36,213
provided to a county under this section shall be deposited in the 36,215
790
children services fund, established in section 5101.143 of the 36,216
Revised Code, and shall be used for no other purpose than to meet 36,217
the expenses of the children services program.
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL 36,219
General Revenue Fund 36,221
GRF 965-321 Operating Expenses $ 640,670 $ 636,253 36,226
TOTAL GRF General Revenue Fund $ 640,670 $ 636,253 36,229
State Special Revenue Fund Group 36,231
4Z3 965-602 Special 36,234
Investigations $ 100,000 $ 100,000 36,236
TOTAL SSR State Special Revenue $ 100,000 $ 100,000 36,239
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 740,670 $ 736,253 36,242
Of the foregoing appropriation item 965-602, Special 36,245
Investigations, up to $100,000 in each fiscal year may be used 36,246
for investigative costs, pursuant to section 121.481 of the 36,247
Revised Code.
Section 57. INS DEPARTMENT OF INSURANCE 36,249
State Special Revenue Fund Group 36,251
554 820-601 Operating Expenses - 36,254
OSHIIP $ 733,707 $ 751,351 36,256
554 820-606 Operating Expenses $ 17,540,571 $ 17,771,394 36,260
555 820-605 Examination $ 6,147,608 $ 6,090,979 36,264
TOTAL SSR State Special Revenue 36,265
Fund Group $ 24,421,886 $ 24,613,724 36,268
TOTAL ALL BUDGET FUND GROUPS $ 24,421,886 $ 24,613,724 36,271
Market Conduct Examination 36,274
When conducting a market conduct examination of any insurer 36,276
doing business in this state, the Superintendent of Insurance may 36,277
assess the costs of such examination against the insurer. The 36,278
superintendent may enter into consent agreements to impose 36,279
administrative assessments or fines for conduct discovered that 36,280
may be violations of statutes or regulations administered by the 36,281
superintendent. All costs, assessments, or fines collected shall 36,282
791
be deposited to the credit of the Department of Insurance 36,283
Operating Fund (Fund 554). 36,284
Examinations of Domestic Fraternal Benefit Societies 36,286
The Superintendent of Insurance may transfer funds from the 36,288
Department of Insurance Operating Fund (Fund 554) established by 36,289
section 3901.021 of the Revised Code to the Superintendents 36,290
Examination Fund (Fund 555) established by section 3901.071 of 36,291
the Revised Code, only for the expenses incurred in examining 36,292
Domestic Fraternal Benefit Societies as required by section 36,293
3921.35 of the Revised Code. 36,294
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES 36,296
General Revenue Fund 36,298
GRF 600-100 Personal Services 36,301
State $ 0 $ 35,389,243 36,305
Federal $ 0 $ 16,630,812 36,309
Personal Services 36,311
Total $ 0 $ 52,020,055 36,313
GRF 600-200 Maintenance 36,315
State $ 0 $ 17,309,326 36,319
Federal $ 0 $ 7,368,926 36,323
Maintenance Total $ 0 $ 24,678,252 36,327
GRF 600-300 Equipment 36,329
State $ 0 $ 420,342 36,333
Federal $ 0 $ 180,834 36,337
Equipment Total $ 0 $ 601,176 36,341
GRF 600-402 Electronic Benefits 36,343
Transfer (EBT)
State $ 0 $ 7,332,532 36,347
Federal $ 0 $ 7,332,531 36,351
EBT Total $ 0 $ 14,665,063 36,355
GRF 600-405 Family Violence 36,357
Prevention Programs $ 0 $ 835,018 36,359
GRF 600-406 Workforce Development $ 0 $ 358,404 36,363
792
GRF 600-407 Unemployment 36,365
Insurance/Employment
Services Operating $ 0 $ 22,727,425 36,367
GRF 600-408 Labor Market 36,369
Projections $ 0 $ 184,534 36,371
GRF 600-410 TANF State $ 0 $ 261,857,133 36,375
GRF 600-411 TANF Federal Block 36,377
Grant $ 0 $ 417,200,000 36,379
GRF 600-412 Prevailing 36,381
Wage/Minimum Wage and
Minors $ 0 $ 2,423,702 36,383
GRF 600-413 Day Care 36,385
Match/Maintenance of
Effort $ 0 $ 76,454,292 36,387
GRF 600-414 Apprenticeship 36,389
Council $ 0 $ 177,769 36,391
GRF 600-416 Computer Projects 36,393
State $ 0 $ 74,620,000 36,397
Federal $ 0 $ 29,380,000 36,401
Computer Projects 36,403
Total $ 0 $ 104,000,000 36,405
GRF 600-417 Public Employee Risk 36,407
Reduction Program $ 0 $ 1,356,075 36,409
GRF 600-420 Child Support 36,411
Administration $ 0 $ 8,103,800 36,413
GRF 600-426 Children's Health 36,415
Insurance Plan (CHIP)
State $ 0 $ 7,099,589 36,418
Federal $ 0 $ 16,857,856 36,421
CHIP Total $ 0 $ 23,957,445 36,424
GRF 600-427 Child and Family 36,426
Services Activities $ 0 $ 3,110,655 36,428
GRF 600-428 Wellness Block Grant $ 0 $ 14,337,515 36,432
GRF 600-429 Womens Programs $ 0 $ 485,619 36,436
793
GRF 600-430 OSHA Match $ 0 $ 137,045 36,440
GRF 600-502 Child Support Match $ 0 $ 20,773,614 36,444
GRF 600-504 Non-TANF County 36,446
Administration $ 0 $ 75,017,940 36,448
GRF 600-511 Disability 36,450
Assistance/Other
Assistance $ 0 $ 52,000,000 36,452
GRF 600-512 Non-TANF Emergency 36,454
Assistance $ 0 $ 4,200,000 36,456
GRF 600-522 Burial Claims $ 0 $ 1,465,911 36,460
GRF 600-525 Health Care/Medicaid 36,462
State $ 0 $2,424,948,748 36,466
Federal $ 0 $3,429,587,099 36,470
Health Care Total $ 0 $5,854,535,847 36,474
GRF 600-527 Child Protective 36,476
Services $ 0 $ 57,332,997 36,478
GRF 600-528 Adoption Services 36,480
State $ 0 $ 28,428,928 36,484
Federal $ 0 $ 27,632,851 36,488
Adoption Services 36,490
Total $ 0 $ 56,061,779 36,492
GRF 600-534 Adult Protective 36,494
Services $ 0 $ 2,931,340 36,496
GRF 600-552 County Social 36,498
Services $ 0 $ 12,072,886 36,500
TOTAL GRF General Revenue Fund 36,501
State $ 0 $2,977,309,580 36,505
Federal $ 0 $4,188,753,711 36,509
GRF Total $ 0 $7,166,063,291 36,513
General Services Fund Group 36,516
4A8 600-658 Child Support 36,519
Collections $ 0 $ 42,389,027 36,521
4R4 600-665 BCII Service Fees $ 0 $ 113,202 36,525
794
5C9 600-671 Medicaid Program 36,527
Support $ 0 $ 83,527,307 36,529
613 600-645 Training Activities $ 0 $ 75,000 36,533
TOTAL GSF General Services 36,534
Fund Group $ 0 $ 126,104,536 36,537
Federal Special Revenue Fund Group 36,540
3A2 600-641 Emergency Food 36,543
Distribution $ 0 $ 1,499,480 36,545
3D3 600-648 Children's Trust Fund 36,547
Federal $ 0 $ 1,475,393 36,549
3F0 600-623 Health Care Federal $ 0 $ 206,652,537 36,553
3F0 600-650 Hospital Care 36,555
Assurance Match $ 0 $ 309,158,525 36,557
3G5 600-655 Interagency 36,559
Reimbursement $ 0 $ 795,010,866 36,561
3G9 600-657 Special Activities 36,563
Family Assistance $ 0 $ 544,782 36,565
3H7 600-617 Day Care Federal $ 0 $ 137,857,760 36,569
3N0 600-628 IV-E Foster Care 36,571
Maintenance $ 0 $ 196,993,903 36,573
3S5 600-622 Child Support 36,575
Projects $ 0 $ 534,050 36,577
3S9 600-620 TANF Employment and 36,579
Training $ 0 $ 700,000 36,581
316 600-602 State and Local 36,583
Training $ 0 $ 7,336,811 36,585
327 600-606 Child Welfare $ 0 $ 29,481,996 36,589
331 600-601 Federal Operating $ 0 $ 111,819,362 36,593
349 600-614 OSHA Enforcement $ 0 $ 1,326,501 36,597
365 600-602 JOB Training Program $ 0 $ 121,099,383 36,601
384 600-610 Food Stamps and State 36,603
Administration $ 0 $ 150,437,578 36,605
385 600-614 Refugee Services $ 0 $ 7,309,725 36,609
795
395 600-616 Special 36,611
Activities/Child and
Family Services $ 0 $ 4,311,677 36,613
396 600-620 Social Services Block 36,615
Grant $ 0 $ 60,420,498 36,617
397 600-626 Child Support $ 0 $ 226,768,641 36,621
398 600-627 Adoption Maintenance/ 36,623
Administration $ 0 $ 267,459,255 36,626
TOTAL FED Federal Special Revenue 36,627
Fund Group $ 0 $2,638,198,723 36,630
State Special Revenue Fund Group 36,633
198 600-647 Children's Trust Fund $ 0 $ 3,238,074 36,638
4A9 600-607 Unemployment 36,640
Compensation Admin
Fund $ 0 $ 13,962,175 36,642
4E3 600-605 Nursing Home 36,644
Assessments $ 0 $ 95,511 36,646
4E7 600-604 Child and Family 36,648
Services Collections $ 0 $ 142,666 36,650
4F1 600-609 Foundation 36,652
Grants/Child and
Family Services $ 0 $ 1,422,569 36,654
4G1 600-610 Interagency 36,656
Agreements $ 0 $ 605,091 36,658
4J5 600-613 Nursing Facility Bed 36,660
Assessments $ 0 $ 32,334,707 36,662
4J5 600-618 Residential State 36,664
Supplement Payments $ 0 $ 14,285,756 36,666
4K1 600-621 ICF/MR Bed 36,668
Assessments $ 0 $ 21,180,717 36,670
4N7 600-670 Wellness Block Grant $ 0 $ 1,000,000 36,674
4R3 600-609 Banking Fees $ 0 $ 592,937 36,678
4V2 600-612 Child Support 36,680
Activities $ 0 $ 124,993 36,682
796
5A5 600-616 Unemployment Benefit 36,684
Automation $ 0 $ 6,892,757 36,686
5E4 600-615 Private Child Care 36,688
Agencies Training $ 0 $ 10,568 36,690
557 600-613 Apprenticeship 36,692
Council Conference $ 0 $ 15,000 36,694
6A7 600-656 Ford Foundation $ 0 $ 63,407 36,698
600 600-603 Third-Party 36,700
Recoveries $ 0 $ 10,369,063 36,702
651 600-649 Hospital Care 36,704
Assurance Program
Fund $ 0 $ 217,786,293 36,706
TOTAL SSR State Special Revenue 36,707
Fund Group $ 0 $ 324,122,284 36,710
Agency Fund Group 36,713
5B6 600-601 Food Stamp Intercept $ 0 $ 5,283,920 36,718
192 600-646 Support Intercept - 36,720
Federal $ 0 $ 70,965,066 36,722
583 600-642 Support 36,724
Intercept-State $ 0 $ 17,175,008 36,726
TOTAL AGY Agency Fund Group $ 0 $ 93,423,994 36,729
Holding Account Redistribution Fund Group 36,732
R12 600-643 Refunds and Audit 36,735
Settlements $ 0 $ 200,000 36,737
R13 600-644 Forgery Collections $ 0 $ 700,000 36,741
TOTAL 090 Holding Account 36,742
Redistribution
Fund Group $ 0 $ 900,000 36,745
TOTAL ALL BUDGET FUND GROUPS $ 0 $10,348,812,828 36,748
Section 58.01. Family Violence Prevention Programs 36,751
The foregoing appropriation item 600-405, Family Violence 36,753
Prevention Programs, may be used to provide grants for county and 36,754
local family violence prevention community education initiatives, 36,755
and to provide funding for domestic violence shelters that the 36,756
797
Department of Job and Family Services determines are exclusively 36,757
for victims of domestic violence. 36,758
Section 58.02. Health Care/Medicaid 36,760
The foregoing appropriation item 600-525, Health 36,762
Care/Medicaid, shall not be limited by the provisions of section 36,763
131.33 of the Revised Code. 36,764
Section 58.03. Community Based Providers 36,766
From the foregoing appropriation item 600-525, Health 36,768
Care/Medicaid, $90,100,000 in fiscal year 2001 shall be used to 36,769
increase reimbursements in accordance with division (B) of 36,770
section 5111.025 of the Revised Code.
Section 58.04. Disability Assistance 36,772
The following schedule shall be used to determine monthly 36,774
grant levels in the Disability Assistance Program effective July 36,775
1, 1999. 36,776
Persons in 36,778
Assistance Group Monthly Grant 36,779
1 $115 36,782
2 159 36,783
3 193 36,784
4 225 36,785
5 251 36,786
6 281 36,787
7 312 36,788
8 361 36,789
9 394 36,790
10 426 36,791
11 458 36,792
12 490 36,793
13 522 36,794
14 554 36,795
For each additional person add 40 36,798
TANF Federal Funds 36,801
Upon the request of the Department of Job and Family 36,803
798
Services, the Controlling Board may increase appropriations in 36,804
item 600-411, TANF Federal Block Grant, provided sufficient 36,805
Federal TANF block grant funds exist to do so, without any 36,806
corresponding decrease in other line items. The department shall 36,807
first provide the Office of Budget and Management with 36,808
documentation to support the need for the increased
appropriation.
Alcohol and Drug Addiction Services Transfer 36,810
No later than July 15, 2000, the Director of Budget and 36,812
Management shall transfer $2,271,424 in appropriation authority 36,813
from appropriation item 600-410, TANF State, to appropriation 36,814
item 038-401, Alcohol and Drug Addiction Services, in the 36,815
Department of Alcohol and Drug Addiction Services. Of the amount 36,816
transferred, $2,000,000 in appropriation authority shall be used 36,817
to provide substance abuse prevention and treatment services to 36,818
children, or their families, whose income is at or below 200 per 36,819
cent of the official income poverty guideline. The remaining 36,820
$271,424 in transferred appropriation authority shall be used to 36,821
fund adolescent youth mentoring programs for children or their 36,822
families whose income is at or below 200 per cent of the income 36,823
official poverty guideline. The Director of the Department of 36,824
Alcohol and Drug Addiction Services and the Director of the 36,825
Department of Job and Family Services shall develop operating and 36,826
reporting guidelines for the program. 36,827
TANF County Incentives 36,829
Of the foregoing appropriation item 600-411, TANF Federal 36,831
Block Grant, the Department of Job and Family Services may 36,832
provide financial incentives to those county departments of human 36,834
services that have exceeded performance standards adopted by the 36,835
state department, and where the board of county commissioners has 36,836
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 36,837
of the county department. Any financial incentive funds provided 36,838
pursuant to this division shall be used by the county department 36,839
799
for additional or enhanced services for families eligible for 36,840
assistance under Chapter 5107. or 5108. of the Revised Code or, 36,841
upon request by the county and approval by the Department of Job 36,842
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 36,843
of human services may retain and expend such funds without regard 36,845
to the state or county fiscal year in which the financial 36,846
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 36,847
Job and Family Services providing detailed information on the 36,848
expenditure of these financial incentives and an evaluation of 36,850
the effectiveness of the county department's use of these funds 36,851
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 36,852
Hamilton Health Care Center 36,854
From the foregoing appropriation item 600-410, TANF State, 36,856
not later than August 1, 2000, the Director of Budget and 36,857
Management shall transfer $100,000 in appropriation authority to 36,858
appropriation item 440-413, Ohio Health Care Policy and Data, in 36,859
the Department of Health. The transferred appropriation
authority shall be used to provide health care services for 36,860
children or their families who reside in Butler County whose 36,861
income is at or below 200 per cent of the official poverty 36,862
guideline.
Individual Development Accounts 36,864
From the foregoing appropriation item 600-410, TANF State, 36,866
or 600-411, TANF Federal Block Grant, or both, up to $1,000,000 36,867
in fiscal year 2001 shall be used to allow county departments of 36,868
human services to make matching contributions to Individual 36,869
Development Accounts that have been established by residents of 36,870
the county.
Human Services Personal Care Assistance 36,872
Not later than August 1, 2000, the Director of Budget and 36,874
Management shall transfer $240,000 cash from appropriation item 36,875
800
600-410, TANF State, or 600-411, TANF Federal Block Grant, or 36,876
both, to Fund 3T6, appropriation item 415-621, Human Services 36,877
Personal Care Assistance, in the Rehabilitation Services 36,878
Commission. The cash transferred shall be used to fund two pilot
projects, one in Franklin County and one in Cuyahoga County, to 36,879
place 25 TANF-eligible persons into jobs as personal care 36,880
assistants.
TANF Family Planning 36,882
The Director of Budget and Management shall transfer, no 36,884
later than July 15, 2000, $250,000 in fiscal year 2001 from 36,885
appropriation item 600-410, TANF State, or 600-411, TANF Federal 36,886
Block Grant, or both, to 440-416, Child and Family Health 36,887
Services to be used for family planning services.
Transfer to Ohio Agricultural Surplus Production Alliance 36,889
Initiative
No later than July 15, 2000, the Director of Budget and 36,891
Management shall transfer $1,000,000 in appropriation authority 36,892
from appropriation item 400-410, TANF State, to Fund 3T8, 36,893
appropriation item 700-621, Ohio Agricultural Surplus Production 36,894
Alliance Initiative, within the Department of Agriculture. The 36,895
moneys shall be used to coordinate the purchase, storage, and 36,896
distribution of surplus commodities provided by growers, 36,897
producers, and processors with the Ohio Association of Second 36,898
Harvest Foodbanks. The moneys shall be used only for the 36,899
purchase, storage, and transportation of these food products, and 36,900
shall not be used for capital construction or the purchase of 36,901
capital goods. No more than $50,000 in fiscal year 2001 may be 36,902
used for administrative expenses. These food products shall be 36,903
provided to TANF eligible individuals. The Director of 36,904
Agriculture and the Director of Job and Family Services shall 36,905
develop operating and reporting guidelines for the program. 36,906
Inner City Youth Opportunities Program 36,908
Of the foregoing appropriation items 600-410, TANF State, 36,910
or 600-411, TANF Federal Block Grant, or both, $75,000 in fiscal 36,911
801
year 2001, no later than July 15, 2000, shall be distributed to 36,912
the Inner City Youth Opportunities organization of Cincinnati for 36,913
the purpose of providing allowable services to TANF-eligible 36,914
individuals, contingent upon determination by the Department of 36,915
Job and Family Services that such services meet TANF 36,916
requirements. The Inner City Youth Opportunities organization 36,917
shall provide reports in accordance with rules developed by the 36,918
Department of Job and Family Services. 36,919
Funding for Emergency Food Distribution Programs 36,921
Of the foregoing appropriation items 600-410, TANF State, 36,923
or 600-411, TANF Federal Block Grant, or both, $1,500,000 in 36,924
fiscal year 2001 shall be used by the Department of Job and 36,925
Family Services to purchase commodities and distribute those 36,926
commodities to supplement the emergency food distribution
programs. No more than $75,000 may be used in fiscal year 2001 36,927
for administrative expenses. Agencies receiving commodities 36,929
under this program shall provide reports in accordance with rules
developed by the Department of Job and Family Services. 36,930
TANF Fatherhood Programs 36,932
From the foregoing appropriation item 600-411, TANF Federal 36,934
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 36,935
to support local fatherhood programs. Of the foregoing 36,936
$5,000,000, $300,000 in fiscal year 2000 shall be used to 36,937
establish Fatherhood Commission.
TANF Adult Literacy and Child Reading Programs 36,939
From the foregoing appropriation item 600-411, TANF Federal 36,941
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 36,942
to support local adult literacy and child reading programs. 36,943
Single Allocation for County Departments of Human Services 36,945
Using the foregoing appropriation items 600-504, Non-TANF 36,947
County Administration; 600-610, Food Stamps and State 36,948
Administration; 600-410, TANF State; 600-411, TANF Federal Block 36,950
Grant; 600-620, Social Services Block Grant; 600-552, County 36,951
Social Services; 600-413, Day Care Match/Maintenance of Effort; 36,952
802
600-617, Day Care Federal; 600-534, Adult Protective Services; 36,953
and 600-614, Refugees Services, the Department of Job and Family 36,954
Services may establish a single allocation for county departments 36,955
of human services that are subject to a partnership agreement 36,956
between a board of county commissioners and the department. The 36,957
county department is not required to use all the money from one 36,958
or more of the foregoing appropriation items listed in this 36,959
paragraph for the purpose the specific appropriation item is made 36,960
so long as the county department uses the money for a purpose at 36,961
least one of the other of those foregoing appropriation items is 36,962
made. The county department may not use the money in the 36,963
allocation for a purpose other than a purpose any of those 36,964
foregoing appropriation items are made. If the spending 36,965
estimates used in establishing the single allocation are not 36,966
realized and the county department uses money in one or more of 36,967
those foregoing appropriation items in a manner for which federal 36,968
financial participation is not available, the department shall 36,969
use state funds available in one or more of those foregoing 36,970
appropriation items to ensure that the county department receives 36,971
the full amount of its allocation. The single allocation is the 36,972
maximum amount the county department shall receive from those 36,973
foregoing appropriation items. 36,974
Reports on Interagency Transfers 36,976
With regard to the foregoing appropriation item 600-655, 36,978
Interagency Reimbursement, the Department of Job and Family 36,979
Services shall provide the Legislative Budget Office of the 36,980
Legislative Service Commission with a report each month that 36,982
details interagency transfers through the appropriation item.
The reports shall break down transfers by agency and 36,983
appropriation item to which transfers are made. Transfers shall 36,984
further be broken down by source of federal funds, including 36,985
federal program number (as shown in the Catalog of Federal 36,986
Domestic Assistance), grant number, and department reporting 36,987
category number. In addition, transfers of Medicaid dollars 36,988
803
shall be grouped between reimbursement for services and 36,989
administrative costs. Reports shall be provided to the 36,990
Legislative Budget Office of the Legislative Service Commission 36,991
within two weeks after the end of the month.
Section 58.05. Hospital Care Assurance Assessment Match 36,993
Fund
Appropriation item 600-650, Hospital Care Assurance 36,995
Assessment Match, shall be used by the Department of Job and 36,996
Family Services to receive and distribute funds in connection 36,997
with the Hospital Care Assurance Program. 36,998
Section 58.06. Transfer of Funds 37,000
The Ohio Department of Job and Family Services shall 37,002
transfer through intrastate transfer vouchers, cash from State 37,003
Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, 37,005
Home and Community-Based Services, in the Ohio Department of 37,006
Mental Retardation and Developmental Disabilities. The sum of 37,007
the transfers shall be equal to the amounts appropriated in 37,008
fiscal year 2001 in appropriation item 322-604, Waiver - Match. 37,009
The transfer may occur on a quarterly basis or on a schedule 37,010
developed and agreed to by both departments. 37,011
The Ohio Department of Job and Family Services shall 37,013
transfer, through intrastate transfer vouchers, cash from the 37,014
State Special Revenue Fund 4J5, Home and Community-Based Services 37,015
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 37,016
Aging. The sum of the transfers shall be equal to the amount 37,017
appropriated in fiscal year 2001 in appropriation item 490-610, 37,018
PASSPORT/Residential State Supplement. The transfer may occur on 37,019
a quarterly basis or on a schedule developed and agreed to by 37,020
both departments.
Transfers of IMD/DSH Cash 37,022
The Department of Job and Family Services shall transfer, 37,024
through intrastate transfer voucher, cash from fund 5C9, Medicaid 37,026
Program Support, to the Department of Mental Health's Fund 4X5, 37,027
OhioCare, in accordance with an interagency agreement which 37,028
804
delegates authority from the Department of Job and Family 37,029
Services to the Department of Mental Health to administer
specified Medicaid services. 37,030
The Director of Budget and Management shall transfer cash 37,032
from the Department of Job and Family Services, fund 5C9, 37,033
Medicaid Program Support, in the amount of $2,000,000 in fiscal 37,034
year 2001 to the Department of Health's Health Services Fund, 37,035
Fund 5E1.
Transfer from the Children's Trust Fund to the Wellness 37,037
Block Grant Fund
The Director of Budget and Management shall transfer 37,039
$1,000,000 in fiscal year 2001 from Fund 198, Children's Trust 37,041
Fund, to Fund 4N7, Wellness Block Grant, within the Department of 37,042
Job and Family Services' budget.
Foster Care Liability Coverage 37,044
On behalf of public children services agencies and in 37,046
consultation with the Department of Insurance and the Office of 37,047
State Purchasing, the Department of Job and Family Services may 37,048
seek and accept proposals for a uniform and statewide insurance 37,049
policy to indemnify foster parents for personal injury and
property damage suffered by them due to the care of a foster 37,051
child. Premiums for such a policy shall be the sole 37,052
responsibility of each public children services agency that 37,053
agrees to purchase the insurance policy.
Protective Services Incentive Funding 37,055
Notwithstanding the formula in section 5101.14 of the 37,057
Revised Code, from the foregoing appropriation item 600-527, 37,058
Child Protective Services, the Department of Job and Family 37,059
Services may use no more than $6.5 million in fiscal year 2001 as 37,060
incentive funding for public children services agencies to 37,061
promote innovative practice standards and efficiencies in service 37,062
delivery. The department shall develop a process for the release 37,063
of these funds and may adopt rules in accordance with section 37,064
111.15 of the Revised Code governing the distribution, release, 37,065
805
and use of these funds.
Of the foregoing appropriation item 600-527, Child 37,067
Protective Services, up to $1,500,000 in fiscal year 2001 may be 37,068
used by the Department of Job and Family Services to provide 37,069
incentive funding for county public children services agencies. 37,070
Of this amount, the county public children agencies can use
$125,000 to pursue accreditation by the Child Welfare League of 37,071
America.
Of the foregoing appropriation item 600-527, Child 37,073
Protective Services, $5,000,000 in fiscal year 2001 shall be used 37,074
for the implementation of the federal Adoption and Safe Families 37,075
Act of 1997.
Statewide Automated Child Welfare Information System 37,077
Of the foregoing appropriation item 400-416, Computer 37,079
Projects, in fiscal year 2001, $10,000,000 shall be used for the 37,080
development and implementation of the Statewide Automated Child 37,081
Welfare Information System (SACWIS). 37,082
Day Care/Head Start Collaborations 37,084
The Department of Job and Family Services and the county 37,086
departments of human services shall work to develop collaborative 37,087
efforts between Head Start and child care providers. The 37,088
Department of Job and Family Services may use the foregoing 37,089
appropriation items 600-413, Day Care Match/Maintenance of 37,090
Effort, and 600-617, Day Care Federal, to support collaborative 37,091
efforts between Head Start and child day-care centers. 37,092
Adoption Assistance 37,094
Of the foregoing appropriation item 600-528, State Adoption 37,097
Services, not more than $3,700,000 in fiscal year 2001 shall be
used in support of post finalization adoption services offered 37,098
pursuant to section 5153.163 of the Revised Code. The Department 37,100
of Job and Family Services shall adopt rules and procedures
pursuant to section 111.15 of the Revised Code to set payment 37,101
levels and limit eligibility for post finalization adoption 37,102
services as necessary to limit program expenditures to the 37,103
806
amounts set forth in this section, based on factors including, 37,104
but not limited to, any or all of the following: type, or 37,105
extent, of the adopted child's disability or special need; and 37,106
resources available to the adoptive family to meet the child's 37,108
service needs.
Child Support Collections/TANF MOE 37,110
The foregoing appropriation item 600-658, Child Support 37,112
Collections, shall be used by the Department of Job and Family 37,113
Services to meet the TANF maintenance of effort requirements of 37,114
Pub. L. No. 104-193. After the state has met the maintenance of 37,116
effort requirement, the Department of Job and Family Services may 37,117
use funds from appropriation item 600-658 to support public
assistance activities. 37,118
Private Child Care Agencies Training 37,120
The foregoing appropriation item 600-615, Private Child 37,122
Care Agencies Training, shall be used by the Department of Job 37,123
and Family Services to provide the state match for federal Title 37,124
IV-E training dollars for private child placing agencies and 37,125
private noncustodial agencies. Revenues shall consist of moneys 37,126
derived from fees established under section 5101.143 of the 37,128
Revised Code and paid by private child placing agencies and 37,129
private noncustodial agencies.
Transfer for Lead Assessments 37,131
Of the foregoing appropriation item 600-525, Health 37,133
Care/Medicaid, the Department of Job and Family Services may 37,134
transfer funds from the General Revenue Fund to the General 37,135
Operations Fund (Fund 142) of the Department of Health. Transfer 37,136
of the funds shall be made through intrastate transfer voucher 37,137
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 37,138
Medicaid Healthcheck recipients. 37,139
Medicaid Program Support Fund - State 37,141
The foregoing appropriation item 600-671, Medicaid Program 37,143
Support, shall be used by the Department of Job and Family 37,144
807
Services to pay for Medicaid services and contracts. 37,145
Holding Account Redistribution Group 37,147
The foregoing appropriation items 600-643 and 600-644, 37,149
Holding Account Redistribution Fund Group, shall be used to hold 37,150
revenues until they are directed to the appropriate accounts or 37,151
until they are refunded. If it is determined that additional 37,152
appropriation authority is necessary, such amounts are hereby 37,153
appropriated.
Agency Fund Group 37,155
The Agency Fund Group shall be used to hold revenues until 37,158
the appropriate fund is determined or until they are directed to 37,159
the appropriate governmental agency other than the Department of 37,160
Job and Family Services. If it is determined that additional 37,162
appropriation authority is necessary, such amounts are hereby
appropriated. 37,163
Section 58.07. Adoptive Placement Payments 37,165
The foregoing appropriation item 600-427, Child & Family 37,167
Services Activities, may be used to make payments pursuant to 37,168
agreements entered into under section 5103.12 of the Revised 37,169
Code. 37,170
Consolidation of State Grants 37,172
With the consent of a county, the Department of Job and 37,174
Family Services may combine into a single and consolidated grant 37,175
of state aid, funds that would otherwise be provided to that 37,176
county pursuant to the operation of section 5101.14 of the 37,177
Revised Code and other funds that would otherwise be provided to 37,178
that county for the purpose of providing kinship care. In fiscal 37,179
year 2001, the grant shall also include unspent funds remaining 37,180
from any grant provided to the county under this section in 37,181
fiscal year 2000.
Funds contained in any such consolidation grant shall not 37,183
be subject to either statutory or administrative rules which 37,184
would otherwise govern allowable uses from such funds, except 37,185
that such funds shall continue to be used by the county to meet 37,186
808
the expenses of its children services program. Funds contained 37,187
in any consolidation grant shall be paid to each county within 37,188
thirty days after the beginning of each calendar quarter. Funds 37,189
provided to a county under this section shall be deposited in the 37,191
children services fund, established in section 5101.143 of the 37,192
Revised Code, and shall be used for no other purpose than to meet 37,193
the expenses of the children services program. Within ninety 37,194
days after the end of fiscal year 2001, each county shall return 37,195
to the Department of Job and Family Services any unspent balance
in the consolidated grant, unless this section is renewed for a 37,196
subsequent period of time. 37,197
Section 58.08. Administration Support Services 37,199
The Department of Job and Family Services may assess 37,201
programs of the department for the cost of administration, 37,202
support, and technical services. Such an assessment shall be 37,203
based upon a plan submitted to and approved by the Office of 37,204
Budget and Management by the first day of August of each fiscal
year and shall contain the characteristics of administrative ease 37,205
and uniform application. A program's payments shall be 37,206
transferred via intrastate transfer voucher to the Unemployment 37,207
Compensation Administration Fund (Fund 331). 37,208
Employer Surcharge 37,210
The surcharge and the interest on the surcharge amounts due 37,212
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 37,213
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 37,214
General Assembly shall be assessed, collected, accounted for, and 37,215
made available to the Department of Job and Family Services in 37,216
the same manner as are the surcharge and interest amounts
pursuant to section 4141.251 of the Revised Code. 37,217
Section 59. JCO JUDICIAL CONFERENCE OF OHIO 37,219
General Revenue Fund 37,221
GRF 018-321 Operating Expenses $ 1,020,000 $ 1,080,000 37,226
TOTAL GRF General Revenue Fund $ 1,020,000 $ 1,080,000 37,229
General Services Fund Group 37,232
809
403 018-601 Ohio Jury 37,235
Instructions $ 180,000 $ 180,000 37,237
TOTAL GSF General Services 37,238
Fund Group $ 180,000 $ 180,000 37,241
TOTAL ALL BUDGET FUND GROUPS $ 1,200,000 $ 1,260,000 37,244
Ohio Jury Instructions Fund 37,247
The Ohio Jury Instructions Fund (Fund 403) shall consist of 37,249
grants, royalties, dues, conference fees, bequests, devises, and 37,250
other gifts received for the purpose of supporting costs incurred 37,251
by the Judicial Conference of Ohio in dispensing education and 37,252
informational data to the state's judicial system. Fund 403 37,254
shall be used by the Judicial Conference of Ohio to pay expenses 37,255
incurred in dispensing educational and informational data to the 37,256
state's judicial system. All moneys accruing to Fund 403 in 37,257
excess of $180,000 in fiscal year 2000 and in excess of $180,000 37,258
in fiscal year 2001 are hereby appropriated for the purposes 37,259
authorized.
No money in the Ohio Jury Instructions Fund shall be 37,261
transferred to any other fund by the Director of Budget and 37,262
Management or the Controlling Board. 37,263
Section 60. JSC THE JUDICIARY/SUPREME COURT 37,265
General Revenue Fund 37,267
GRF 005-321 Operating Expenses - 37,269
Judiciary $ 84,146,536 $ 85,597,403 37,271
GRF 005-401 State Criminal 37,273
Sentencing Council $ 363,182 $ 363,568 37,275
GRF 010-321 Operating Expenses - 37,277
Supreme Court $ 9,342,738 $ 9,377,229 37,279
GRF 010-401 Law-Related Education $ 197,163 $ 203,077 37,283
TOTAL GRF General Revenue Fund $ 94,049,619 $ 95,541,277 37,286
General Services Fund Group 37,288
6A2 005-602 Dispute Resolution $ 36,050 $ 37,132 37,293
672 005-601 Continuing Judicial 37,295
Education $ 231,750 $ 238,703 37,297
810
TOTAL GSF General Services 37,298
Fund Group $ 267,800 $ 275,835 37,301
State Special Revenue Fund Group 37,304
4C8 010-603 Attorney Registration $ 1,745,355 $ 1,735,424 37,309
6A8 010-602 Supreme Court 37,311
Admissions $ 812,601 $ 821,061 37,313
643 010-601 Commission on 37,315
Continuing Legal
Education $ 250,000 $ 239,999 37,317
TOTAL SSR State Special Revenue 37,318
Fund Group $ 2,807,956 $ 2,796,484 37,321
Federal Special Revenue Fund Group 37,323
3J0 005-603 Federal Grants $ 781,468 $ 816,405 37,328
TOTAL FED Federal Special 37,329
Revenue Fund Group $ 781,468 $ 816,405 37,332
TOTAL ALL BUDGET FUND GROUPS $ 97,906,843 $ 99,430,001 37,338
Law-Related Education 37,341
The foregoing appropriation item 010-401, Law-Related 37,343
Education, shall be distributed directly to the Ohio Center for 37,344
Law-Related Education for the purposes of providing continuing 37,345
citizenship education activities to primary and secondary 37,346
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 37,347
private money for new programs. 37,349
Dispute Resolution 37,351
The Dispute Resolution Fund (Fund 6A2) shall consist of 37,353
grants and other moneys awarded to promote alternative dispute 37,354
resolution in the Ohio courts and deposited into the Dispute 37,355
Resolution Fund pursuant to the Rules for the Government of the 37,356
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 37,357
Resolution, shall promote alternative dispute resolution programs 37,358
in the Ohio courts and be used for the education of judges, 37,359
attorneys, and other court personnel in dispute resolution 37,360
concepts. If it is determined by the Administrative Director of 37,361
811
the Supreme Court that additional appropriations are necessary, 37,362
the amounts are hereby appropriated. 37,363
No money in the Dispute Resolution Fund shall be 37,365
transferred to any other fund by the Director of Budget and 37,366
Management or the Controlling Board. Interest earned on moneys 37,367
in the Dispute Resolution Fund shall be credited to the fund. 37,368
Continuing Judicial Education 37,370
The Continuing Judicial Education Fund (Fund 672) shall 37,372
consist of fees paid by judges and court personnel for attending 37,374
continuing education courses and other gifts and grants received 37,376
for the purpose of continuing judicial education. The foregoing 37,377
appropriation item 005-601, Continuing Judicial Education, shall 37,378
be used to pay expenses for continuing education courses for 37,379
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional 37,380
appropriations are necessary, the amounts are hereby 37,381
appropriated.
No money in the Continuing Judicial Education Fund shall be 37,383
transferred to any other fund by the Director of Budget and 37,384
Management or the Controlling Board. Interest earned on moneys 37,385
in the Continuing Judicial Education Fund shall be credited to 37,386
the fund. 37,387
Attorney Registration 37,389
In addition to funding other activities considered 37,391
appropriate by the Supreme Court, the foregoing appropriation 37,392
item 010-603, Attorney Registration, may be used to compensate 37,393
employees and fund the appropriate activities of the following 37,394
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 37,395
Disciplinary Counsel, the Board of Commissioners on Grievances 37,396
and Discipline, the Clients' Security Fund, the Board of 37,397
Commissioners on the Unauthorized Practice of Law, and the Office 37,398
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 37,399
812
appropriations are necessary, the amounts are hereby 37,400
appropriated.
No moneys in the Attorney Registration Fund shall be 37,402
transferred to any other fund by the Director of Budget and 37,403
Management or the Controlling Board. Interest earned on moneys 37,404
in the Attorney Registration Fund shall be credited to the fund. 37,405
Supreme Court Admissions 37,407
The foregoing appropriation item 010-602, Supreme Court 37,409
Admissions, shall be used to compensate Supreme Court employees 37,410
who are primarily responsible for administering the attorney 37,411
admissions program, pursuant to the Rules for the Government of 37,412
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the 37,413
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 37,414
Court Rules for the Government of the Bar of Ohio. If it is 37,415
determined by the Administrative Director of the Supreme Court 37,416
that additional appropriations are necessary, the amounts are 37,417
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 37,419
transferred to any other fund by the Director of Budget and 37,420
Management or the Controlling Board. Interest earned on moneys 37,421
in the Supreme Court Admissions Fund shall be credited to the 37,422
fund.
Continuing Legal Education 37,424
The foregoing appropriation item 010-601, Commission on 37,426
Continuing Legal Education, shall be used to compensate employees 37,427
of the Commission on Continuing Legal Education, established 37,428
pursuant to the Supreme Court Rules for the Government of the Bar 37,429
of Ohio, and to fund other activities of the commission 37,430
considered appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional 37,431
appropriations are necessary, the amounts are hereby 37,432
appropriated.
No moneys in the Continuing Legal Education Fund shall be 37,434
813
transferred to any other fund by the Director of Budget and 37,435
Management or the Controlling Board. Interest earned on moneys 37,436
in the Continuing Legal Education Fund shall be credited to the 37,437
fund.
Federal Miscellaneous 37,439
The Federal Miscellaneous Fund (3J0) shall consist of 37,441
grants and other moneys awarded to the Supreme Court of Ohio (The 37,442
Judiciary) by the United States Government, the State Justice 37,443
Institute, or other entities that receive the moneys directly 37,444
from the United States Government or the State Justice Institute 37,445
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 37,446
Grants, shall be used in a manner consistent with the purpose of 37,447
the grant or award. If it is determined by the Administrative 37,448
Director of the Supreme Court that additional appropriations are 37,449
necessary, the amounts are hereby appropriated.
No money in the Federal Miscellaneous Fund shall be 37,451
transferred to any other fund by the Director of Budget and 37,452
Management or the Controlling Board. However, interest earned on 37,453
moneys in the Federal Miscellaneous Fund on or after July 1, 37,454
1995, shall be credited or transferred to the General Revenue
Fund. 37,455
Section 61. LEC LAKE ERIE COMMISSION 37,457
State Special Revenue Fund Group 37,459
4C0 780-601 Lake Erie Protection 37,462
Fund $ 998,400 $ 1,022,362 37,464
5D8 780-602 Lake Erie Resources 37,466
Fund $ 588,759 $ 602,889 37,468
TOTAL SSR State Special Revenue 37,469
Fund Group $ 1,587,159 $ 1,625,251 37,472
TOTAL ALL BUDGET FUND GROUPS $ 1,587,159 $ 1,625,251 37,475
Section 62. LRS LEGAL RIGHTS SERVICE 37,478
General Revenue Fund 37,480
GRF 054-100 Personal Services $ 331,826 $ 327,673 37,485
814
GRF 054-200 Maintenance $ 48,998 $ 50,174 37,489
GRF 054-300 Equipment $ 2,680 $ 2,744 37,493
GRF 054-401 Ombudsman $ 382,659 $ 379,363 37,497
TOTAL GRF General Revenue Fund $ 766,163 $ 759,954 37,500
General Services Fund Group 37,503
416 054-601 Gifts and Donations $ 1,256 $ 1,291 37,508
TOTAL GSF General Services 37,509
Fund Group $ 1,256 $ 1,291 37,512
Federal Special Revenue Fund Group 37,515
3B8 054-603 Protection and 37,518
Advocacy - Mentally
Ill $ 706,422 $ 706,422 37,520
3N3 054-606 Protection and 37,522
Advocacy - Individual
Rights $ 334,739 $ 334,739 37,524
3N9 054-607 Assistive Technology $ 83,000 $ 83,000 37,528
3R9 054-604 Family Support 37,530
Collaborative $ 200,000 $ 200,000 37,532
3T2 054-609 Client Assistance 37,534
Program $ 380,000 $ 380,000 37,536
305 054-602 Protection and 37,538
Advocacy -
Developmentally
Disabled $ 1,059,481 $ 1,059,481 37,540
TOTAL FED Federal Special Revenue 37,541
Fund Group $ 2,763,642 $ 2,763,642 37,544
TOTAL ALL BUDGET FUND GROUPS $ 3,531,061 $ 3,524,887 37,547
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 37,550
General Revenue Fund 37,552
GRF 028-321 Legislative Ethics 37,555
Committee $ 551,500 $ 569,400 37,557
TOTAL GRF General Revenue Fund $ 551,500 $ 569,400 37,560
State Special Revenue Fund Group 37,563
815
4G7 028-601 Joint Legislative 37,566
Ethics Commitee $ 60,000 $ 50,000 37,568
TOTAL SSR State Special Revenue $ 60,000 $ 50,000 37,571
Fund
TOTAL ALL BUDGET FUND GROUPS $ 611,500 $ 619,400 37,574
Section 64. LSC LEGISLATIVE SERVICE COMMISSION 37,577
General Revenue Fund 37,579
GRF 035-321 Operating Expenses $ 8,016,725 $ 8,500,000 37,584
GRF 035-402 Legislative Interns $ 840,000 $ 890,000 37,588
GRF 035-403 Legislative Budget 37,590
Office $ 2,672,000 $ 2,752,000 37,592
GRF 035-404 Legislative Office of 37,594
Education Oversight $ 1,001,995 $ 1,022,423 37,596
GRF 035-405 Correctional 37,598
Institution
Inspection Committee $ 470,000 $ 495,000 37,600
GRF 035-406 ATMS Replacement 37,602
Project $ 90,000 $ 90,000 37,604
GRF 035-407 Legislative Task 37,606
Force on
Redistricting $ 2,000,000 $ 2,000,000 37,608
GRF 035-409 National Associations $ 392,674 $ 405,717 37,612
GRF 035-410 Legislative 37,614
Information Systems $ 5,260,000 $ 4,265,000 37,616
TOTAL GRF General Revenue Fund $ 20,743,394 $ 20,420,140 37,619
General Services Fund Group 37,622
4F6 035-603 Legislative Budget 37,625
Services $ 140,000 $ 144,000 37,627
410 035-601 Sale of Publications $ 25,000 $ 25,000 37,631
TOTAL GSF General Services 37,632
Fund Group $ 165,000 $ 169,000 37,635
TOTAL ALL BUDGET FUND GROUPS $ 20,908,394 $ 20,589,140 37,638
ATMS Replacement Project 37,641
Of the foregoing appropriation item 035-406, ATMS 37,643
816
Replacement Project, any amounts not used for the ATMS project 37,644
may be used to pay the operating expenses of the Legislative 37,645
Service Commission. 37,646
National Associations 37,648
Of the foregoing appropriation item 035-409, National 37,650
Associations, $8,000 in each fiscal year shall be used for the 37,652
State and Local Legal Center.
Legislative Office of Education Oversight 37,654
The foregoing appropriation item 035-404, Legislative 37,656
Office of Education Oversight, shall be used to support the 37,657
legislative oversight activities of the Legislative Committee on 37,658
Education Oversight established in section 3301.68 of the Revised 37,659
Code. 37,660
Section 103.141 Report 37,662
Notwithstanding section 103.141 of the Revised Code, the 37,665
Legislative Budget Office of the Legislative Service Commission
may submit the estimates required by that section for calendar 37,666
years 1996 and 1997 in October 2000. 37,667
LBO Child Care Study 37,669
The Legislative Budget Office of the Legislative Service 37,671
Commission (LBO) shall undertake a study of publicly funded child 37,672
care payment procedures and make recommendations regarding the 37,673
feasibility and the potential for development of a cost-based 37,674
prospective payment system. Any prospective payment system 37,675
should provide for predictability and stability of payment and
should take into consideration facility costs and training costs. 37,676
LBO shall report its findings to the Speaker of the House of 37,677
Representatives, President of the Senate, and the Governor no 37,678
later than July 1, 2000.
Section 65. LIB STATE LIBRARY BOARD 37,680
General Revenue Fund 37,682
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 37,687
GRF 350-200 Maintenance $ 2,087,742 $ 1,728,248 37,691
GRF 350-300 Equipment $ 1,966,322 $ 579,914 37,695
817
GRF 350-400 Ohio Public Library 37,697
Information Network $ 5,712,486 $ 5,854,002 37,699
GRF 350-501 Cincinnati Public 37,701
Library $ 751,887 $ 769,932 37,703
GRF 350-502 Regional Library 37,705
Systems $ 1,871,151 $ 1,926,769 37,707
GRF 350-503 Cleveland Public 37,709
Library $ 1,140,923 $ 1,164,705 37,710
GRF 350-505 Netwellness $ 750,000 $ 750,000 37,714
TOTAL GRF General Revenue Fund $ 19,609,950 $ 18,044,528 37,717
General Services Fund Group 37,720
139 350-602 Intra-Agency Service 37,723
Charges $ 28,123 $ 28,911 37,725
459 350-602 Interlibrary Service 37,727
Charges $ 774,564 $ 781,280 37,729
TOTAL GSF General Services 37,730
Fund Group $ 802,687 $ 810,191 37,733
Federal Special Revenue Fund Group 37,736
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 37,741
TOTAL FED Federal Special Revenue 37,742
Fund Group $ 5,163,542 $ 5,163,542 37,745
TOTAL ALL BUDGET FUND GROUPS $ 25,576,179 $ 24,018,261 37,748
Maintenance 37,751
Of the foregoing appropriation item, 350-200, Maintenance, 37,753
$400,000 in fiscal year 2000 shall be used to fund the relocation 37,754
of the State Library from the State Departments Building. 37,755
Equipment 37,757
Of the foregoing appropriation item, 350-300, Equipment, 37,759
$1,400,000 in fiscal year 2000 shall be used to fund the 37,760
relocation of the State Library from the State Departments 37,761
Building.
Ohio Public Library Information Network 37,763
The foregoing appropriation item 350-400, Ohio Public 37,765
Library Information Network, shall be used for an information 37,766
818
telecommunications network linking public libraries in the state 37,767
and such others as may be certified as participants by the Ohio 37,768
Public Library Information Network Board. 37,769
The Ohio Public Library Information Network Board shall 37,773
consist of eleven members appointed by the State Library Board 37,774
from among the staff of public libraries and past and present 37,775
members of boards of trustees of public libraries, based on the 37,776
recommendations of the Ohio library community. The Ohio Public 37,777
Library Information Network Board in consultation with the State 37,778
Library shall develop a plan of operations for the network. The 37,779
Board shall have the authority to make decisions regarding the 37,780
use of the foregoing appropriation item 350-400, Ohio Public 37,781
Library Information Network, and to receive and expend grants to 37,782
carry out the operations of the network in accordance with state 37,783
law and the authority to appoint and fix the compensation of a 37,785
director and necessary staff. The State Library will be the 37,786
fiscal agent for the network and shall have fiscal accountability 37,787
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 37,788
travel and necessary expenses incurred in the carrying out of 37,789
their responsibilities.
In order to limit access to obscene and illegal materials 37,791
through internet use at Ohio Public Library Information Network 37,792
(OPLIN) terminals, local libraries with OPLIN computer terminals 37,793
shall adopt policies that control access to obscene and illegal 37,794
materials. These policies may include use of technological 37,796
systems to select or block certain internet access. The OPLIN 37,797
shall condition provision of its funds, goods, and services on 37,798
compliance with these policies. The OPLIN board shall also adopt 37,799
and communicate specific recommendations to local libraries on 37,800
methods to control such improper usage. These methods may 37,801
include each library implementing a written policy controlling 37,803
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 37,804
819
internet usage.
Of the foregoing appropriation item 350-400, Ohio Public 37,806
Library Information Network, up to $66,000 in fiscal year 2000 37,807
and up to $72,000 in fiscal year 2001 shall be used to help local 37,808
libraries purchase filters to screen out obscene and illegal 37,809
internet materials. 37,810
The OPLIN board shall research and assist or advise local 37,812
libraries with emerging technologies and methods that may be 37,813
effective means to control access to obscene and illegal 37,815
materials. On October 1, 1999, and biannually thereafter, the 37,816
OPLIN Executive Director shall provide written reports to the 37,817
Governor, the Speaker of the House of Representatives, and the 37,818
President of the Senate on any steps being taken by OPLIN and 37,819
public libraries in this state to limit and control such improper
usage as well as information on technological, legal, and law 37,821
enforcement trends nationally and internationally affecting this 37,822
area of public access and service. 37,823
The Ohio Public Library Information Network, InfOhio, and 37,825
OhioLink shall, to the extent feasible, coordinate and cooperate 37,826
in their purchase or other acquisition of the use of electronic 37,827
databases for their respective users and shall contribute funds 37,828
in an equitable manner to such effort.
Regional Library Systems 37,830
Of the foregoing appropriation item 350-502, Regional 37,832
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 37,833
fiscal year 2001 shall be used to replace federal dollars that 37,834
will be eliminated due to the expiration of the Library Services 37,835
and Construction Act (LSCA).
Netwellness 37,837
The foregoing appropriation item 350-505, Netwellness, 37,839
shall be used to fund the Netwellness program, a joint venture of 37,840
the University of Cincinnati, Case Western Reserve University, 37,841
and The Ohio State University.
Section 66. LCO LIQUOR CONTROL COMMISSION 37,843
820
Liquor Control Fund Group 37,845
043 970-321 Operating Expenses $ 656,322 $ 671,416 37,850
TOTAL LCF Liquor Control Fund $ 656,322 $ 671,416 37,853
Group
TOTAL ALL BUDGET FUND GROUPS $ 656,322 $ 671,416 37,856
Section 67. MED STATE MEDICAL BOARD 37,859
General Services Fund Group 37,861
5C6 883-609 State Medical Board 37,864
Operating $ 5,891,825 $ 5,861,245 37,866
TOTAL GSF General Services 37,867
Fund Group $ 5,891,825 $ 5,861,245 37,870
TOTAL ALL BUDGET FUND GROUPS $ 5,891,825 $ 5,861,245 37,873
Section 68. DMH DEPARTMENT OF MENTAL HEALTH 37,876
Division of General Administration Intragovernmental Service Fund 37,878
Group 37,879
151 235-601 General 37,882
Administration $ 72,523,765 $ 74,161,226 37,884
TOTAL ISF Intragovernmental $ 72,523,765 $ 74,161,226 37,887
Service Fund Group
Division of Mental Health-- 37,889
Psychiatric Services to Correctional Facilities 37,890
General Revenue Fund 37,892
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 37,897
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 37,900
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 37,903
Forensic Services 37,906
The foregoing appropriation item 322-401, Forensic 37,908
Services, shall be used to provide psychiatric services to courts 37,910
of common pleas. The appropriation shall be allocated through 37,911
community mental health boards to certified community agencies 37,912
and shall be distributed according to the criteria delineated in 37,913
Rule 5122:4-1-01 of the Administrative Code. These community 37,914
forensic funds may also be used to provide forensic training to 37,915
community mental health boards and to forensic psychiatry 37,916
821
residency programs in hospitals operated by the Department of 37,917
Mental Health and to provide evaluations of patients of forensic 37,918
status in facilities operated by the Department of Mental Health 37,919
prior to conditional release to the community. 37,920
In addition, appropriation item 332-401 may be used to 37,922
support projects involving mental health, substance abuse, 37,923
courts, and law enforcement to identify and develop appropriate 37,924
alternative services to institutionalization for non-violent 37,925
mentally ill offenders, and to provide linkage to community 37,926
services for severely mentally disabled offenders released from 37,928
institutions operated by the Department of Rehabilitation and 37,931
Correction. Funds may also be utilized to provide forensic 37,932
monitoring and tracking in addition to community programs serving 37,934
persons of forensic status on conditional release or probation. 37,935
Diversion Linkage Projects 37,937
Any cash transferred from the Department of Rehabilitation 37,939
and Correction Community Mental Health and Substance Abuse 37,940
Treatment Fund (Fund 4J3) and from the Department of Youth 37,941
Services Community Mental Health and Substance Abuse Treatment 37,942
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
shall be used by the Department of Mental Health to fund existing 37,943
county Diversion Linkage projects which provide alternative 37,944
services to institutionalization for non-violent mentally ill 37,945
offenders. The amount of the transfer is hereby appropriated. 37,946
Division of Mental Health-- 37,947
Administration and Statewide Programs 37,948
General Revenue Fund 37,950
GRF 333-100 Personal Services - 37,953
Central
Administration $ 18,585,795 $ 17,027,859 37,955
GRF 333-200 Maintenance - Central 37,957
Administration $ 2,378,563 $ 2,348,974 37,959
GRF 333-300 Equipment - Central 37,961
Administration $ 1,004,165 $ 506,598 37,963
822
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 37,967
GRF 333-403 Pre-Admission 37,969
Screening Expenses $ 645,750 $ 658,665 37,971
GRF 333-415 Rental Payments OPFC $ 30,000,000 $ 28,600,000 37,975
GRF 333-416 Research Program 37,977
Evaluation $ 958,606 $ 984,933 37,979
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 37,982
General Services Fund Group 37,985
149 333-609 Central Office Rotary 37,988
- Operating $ 1,122,727 $ 1,135,684 37,990
TOTAL General Services Fund Group $ 1,122,727 $ 1,135,684 37,993
Federal Special Revenue Fund Group 37,996
3A7 333-612 Social Services Block 37,999
Grant $ 25,000 $ 25,000 38,001
3A8 333-613 Federal Grant - 38,003
Administration $ 24,880 $ 24,880 38,005
3A9 333-614 Mental Health Block 38,007
Grant $ 644,212 $ 644,212 38,009
3B1 333-635 Community Medicaid 38,011
Expansion $ 4,465,264 $ 4,465,264 38,013
324 333-605 Medicaid/Medicare $ 150,000 $ 150,000 38,017
TOTAL Federal Special Revenue 38,018
Fund Group $ 5,309,356 $ 5,309,356 38,021
State Special Revenue Fund Group 38,024
4X5 333-607 Behavioral Health 38,027
Medicaid Services $ 3,200,000 $ 2,775,000 38,029
485 333-632 Mental Health 38,031
Operating $ 124,284 $ 127,764 38,033
TOTAL State Special Revenue 38,034
Fund Group $ 3,324,284 $ 2,902,764 38,037
TOTAL ALL BUDGET FUND GROUPS $ 64,819,420 $ 60,994,810 38,040
Residency Traineeship Programs 38,043
The foregoing appropriation item 333-402, Resident 38,045
Trainees, shall be used to fund training agreements entered into 38,046
823
by the Department of Mental Health for the development of 38,047
curricula and the provision of training programs to support 38,048
public mental health services. The appropriation line item may 38,049
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 38,050
between the public mental health system and college and 38,051
university traineeship programs established pursuant to section 38,052
5119.11 of the Revised Code.
Pre-Admission Screening Expenses 38,054
The foregoing appropriation item 333-403, Pre-Admission 38,056
Screening Expenses, shall be used to pay for costs to ensure that 38,058
uniform statewide methods for pre-admission screening are in 38,059
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 38,060
another inpatient facility is sought. Pre-admission screening 38,062
includes the following activities: pre-admission assessment, 38,063
consideration of continued stay requests, discharge planning and 38,064
referral, and adjudication of appeals and grievance procedures. 38,065
Rental Payments to the Ohio Public Facilities Commission 38,067
The foregoing appropriation item 333-415, Rental Payments 38,069
OPFC, shall be used to meet all payments at the times they are 38,071
required to be made during the period from July 1, 1999, to June 38,072
30, 2001, by the Department of Mental Health to the Ohio Public 38,073
Facilities Commission pursuant to leases and agreements made 38,074
under section 154.20 of the Revised Code, but limited to the 38,075
aggregate amount of $58,600,000. Nothing in this act shall be 38,076
deemed to contravene the obligation of the state to pay, without 38,077
necessity for further appropriation, from the sources pledged 38,078
thereto, the bond service charges on obligations issued pursuant 38,079
to section 154.20 of the Revised Code. 38,080
Section 68.01. Division of Mental Health--Hospitals 38,082
General Revenue Fund 38,084
GRF 334-408 Community and 38,087
Hospital Mental
824
Health Services $ 343,457,861 $ 349,242,440 38,089
GRF 334-506 Court Costs $ 966,274 $ 989,465 38,093
TOTAL GRF General Revenue Fund $ 344,424,135 $ 350,231,905 38,096
General Services Fund Group 38,099
149 334-609 Hospital Rotary - 38,102
Operating Expenses $ 4,291,568 $ 2,196,668 38,104
150 334-620 Special Education $ 105,250 $ 105,250 38,108
TOTAL GSF General Services 38,110
Fund Group $ 4,396,818 $ 2,301,918 38,113
Federal Special Revenue Fund Group 38,116
3B0 334-617 Elementary and 38,119
Secondary Education
Act $ 180,348 $ 189,215 38,121
324 334-605 Medicaid/Medicare $ 13,160,416 $ 13,299,340 38,125
TOTAL FED Federal Special Revenue 38,126
Fund Group $ 13,340,764 $ 13,488,555 38,129
State Special Revenue Fund Group 38,132
485 334-632 Mental Health 38,135
Operating $ 2,565,188 $ 2,651,013 38,137
692 334-636 Community Mental 38,139
Health Board Risk
Fund $ 581,871 $ 598,163 38,141
TOTAL SSR State Special Revenue 38,142
Fund Group $ 3,147,059 $ 3,249,176 38,145
TOTAL ALL BUDGET FUND GROUPS $ 365,308,776 $ 369,271,554 38,148
Community Mental Health Board Risk Fund 38,152
The foregoing appropriation item 334-636, Community Mental 38,154
Health Board Risk Fund, shall be used to make payments pursuant 38,156
to section 5119.62 of the Revised Code. 38,157
Section 68.02. Division of Mental Health--Community 38,159
Support Services 38,160
General Revenue Fund 38,162
GRF 335-419 Community Medication 38,165
Subsidy $ 7,181,673 $ 7,701,549 38,167
825
GRF 335-502 Community Mental 38,169
Health Programs $ 37,272,143 $ 38,166,674 38,171
GRF 335-508 Services for Severely 38,173
Mentally Disabled $ 58,991,739 $ 60,405,135 38,175
TOTAL GRF General Revenue Fund $ 103,445,550 $ 106,273,358 38,178
General Services Fund Group 38,181
4N8 335-606 Family Stability 38,184
Incentive $ 7,196,000 $ 7,300,000 38,186
TOTAL GSF General Services 38,187
Fund Group $ 7,196,000 $ 7,300,000 38,190
Federal Special Revenue Fund Group 38,193
3A7 335-612 Social Services Block 38,196
Grant $ 12,519,873 $ 9,250,982 38,198
3A8 335-613 Federal Grant - 38,200
Community Mental
Health Board Subsidy $ 597,120 $ 597,120 38,202
3A9 335-614 Mental Health Block 38,204
Grant $ 12,128,136 $ 12,128,136 38,206
3B1 335-635 Community Medicaid 38,208
Expansion $ 145,600,000 $ 151,424,000 38,210
TOTAL FED Federal Special Revenue 38,211
Fund Group $ 170,845,129 $ 173,400,238 38,214
TOTAL ALL BUDGET FUND GROUPS $ 281,486,679 $ 286,973,596 38,217
DEPARTMENT TOTAL 38,218
GENERAL REVENUE FUND $ 507,138,893 $ 512,548,051 38,221
DEPARTMENT TOTAL 38,222
GENERAL SERVICES FUND GROUP $ 12,715,545 $ 10,737,602 38,225
DEPARTMENT TOTAL 38,226
FEDERAL SPECIAL REVENUE 38,227
FUND GROUP $ 189,495,249 $ 192,198,149 38,230
DEPARTMENT TOTAL 38,231
STATE SPECIAL REVENUE FUND GROUP $ 6,471,343 $ 6,151,940 38,234
DEPARTMENT TOTAL 38,235
INTRAGOVERNMENTAL FUND GROUP $ 72,523,765 $ 74,161,226 38,238
826
TOTAL DEPARTMENT OF MENTAL HEALTH $ 788,344,795 $ 795,796,968 38,241
Section 68.03. Community Medication Subsidy 38,244
The foregoing appropriation item 335-419, Community 38,246
Medication Subsidy, shall be used to provide subsidized support 38,247
for psychotropic medication needs of indigent citizens in the 38,248
community to reduce unnecessary hospitalization because of lack 38,249
of medication and to provide subsidized support for methadone 38,250
costs. 38,251
General Community Mental Health Programs 38,253
The foregoing appropriation item 335-502, Community Mental 38,255
Health Programs, shall be distributed by the Department of Mental 38,257
Health on a per capita basis to community mental health boards. 38,258
The purpose of the appropriation shall be to provide 38,260
subsidized support for general mental health services to Ohioans. 38,261
The range of mental health services eligible for funding shall be 38,262
defined in a Department of Mental Health administrative rule. 38,263
Community mental health boards shall allocate funds in support of 38,265
these services in accordance with the mental health needs of the 38,266
community.
Mental Health Services for Severely Mentally Disabled 38,268
Persons
The foregoing appropriation item 335-508, Services for 38,270
Severely Mentally Disabled, shall be used to fund mental health 38,272
services for adults and children who meet or have formerly met 38,273
criteria established by the Department of Mental Health under its 38,274
definition of severely mentally disabled. Those adults and 38,275
children who constitute severely mentally disabled shall include 38,276
those with a history of recent or chronic psychiatric 38,277
hospitalizations, a history of psychosis, a prognosis of 38,278
continued severe social and adaptive functioning impairment, or 38,279
those certified impaired by the Social Security Administration 38,280
for reasons of mental illness. In addition to the above, children 38,281
and adolescents who are currently determined to be severely 38,282
mentally disabled, or who are at risk of becoming severely mental 38,283
827
disabled, and who are already in or about to enter the juvenile 38,284
justice system, or child welfare system, or receiving special 38,285
education services within the education system may also receive 38,286
services funded by appropriation item 335-508, Services for 38,287
Severely Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for 38,289
Serverely Mentally Disabled, $100,000 in each fiscal year shall 38,290
be used to fund family and consumer education and support. 38,291
Of the foregoing appropriation item 335-508, Services for 38,294
Severely Mentally Disabled, $2.7 million in each fiscal year 38,295
shall be used to transfer cash from the General Revenue Fund to
Fund 4N8, Family Stability Incentive. This transfer shall be 38,296
made using an intrastate voucher. 38,297
Behavioral Health Medicaid Services 38,299
The Department of Mental Health shall administer specified 38,301
Medicaid Services as delegated by the Department of Human 38,302
Services in an interagency agreement. The foregoing 38,303
appropriation item 333-607, Behavioral Health Medicaid Services, 38,304
may be used to make payments for free-standing psychiatric 38,305
hospital inpatient services as defined in an interagency 38,306
agreement with the Department of Human Services.
Section 69. DMR DEPARTMENT OF MENTAL RETARDATION 38,308
AND DEVELOPMENTAL DISABILITIES 38,309
Section 69.01. General Administration and Statewide 38,311
Services 38,312
General Revenue Fund 38,314
GRF 320-321 Central 38,317
Administration $ 12,054,435 $ 11,889,457 38,319
GRF 320-411 Special Olympics $ 200,000 $ 200,000 38,323
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 38,327
GRF 320-415 Rent Payments-OPFC $ 30,000,000 $ 28,600,000 38,331
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 38,334
General Services Fund Group 38,337
4B5 320-640 Conference/Training $ 761,387 $ 780,768 38,342
828
TOTAL GSF General Services 38,343
Fund Group $ 761,387 $ 780,768 38,346
Federal Special Revenue Fund Group 38,349
3A4 320-605 Administrative 38,352
Support $ 5,795,804 $ 6,491,300 38,354
3A5 320-613 DD Council Operating 38,356
Expenses $ 992,486 $ 992,486 38,358
325 320-634 Protective Services $ 916,969 $ 916,969 38,362
TOTAL FED Federal Special Revenue 38,363
Fund Group $ 7,705,259 $ 8,400,755 38,366
TOTAL ALL GENERAL ADMINISTRATION 38,367
AND STATEWIDE SERVICES 38,368
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 38,371
Rental Payments to the Ohio Public Facilities Commission 38,375
The foregoing appropriation item 320-415, Rent Payments - 38,377
OPFC, shall be used to meet all payments at the times they are 38,379
required to be made during the period from July 1, 1999, to June 38,380
30, 2001, by the Department of Mental Retardation and 38,381
Developmental Disabilities to the Ohio Public Facilities 38,382
Commission pursuant to leases and agreements made under section 38,383
154.20 of the Revised Code, but limited to the aggregate amount 38,384
of $58,600,000. Nothing in this act shall be deemed to 38,385
contravene the obligation of the state to pay, without necessity 38,386
for further appropriation, from the sources pledged thereto, the 38,387
bond service charges on obligations issued pursuant to section 38,388
154.20 of the Revised Code.
Section 69.02. Community Services 38,390
General Revenue Fund 38,392
GRF 322-405 State Use Program $ 268,364 $ 264,685 38,397
GRF 322-413 Residential and 38,399
Support Services $ 133,882,337 $ 137,095,513 38,401
GRF 322-451 Family Support 38,403
Services $ 7,705,342 $ 7,975,870 38,406
GRF 322-452 Case Management $ 6,235,022 $ 6,384,663 38,410
829
GRF 322-501 County Boards 38,412
Subsidies $ 45,720,356 $ 46,817,644 38,414
TOTAL GRF General Revenue Fund $ 193,811,421 $ 198,538,375 38,417
General Services Fund Group 38,420
4J6 322-645 Intersystem Services 38,423
for Children $ 3,798,005 $ 3,907,448 38,425
4U4 322-606 Community MR and DD 38,427
Trust $ 116,242 $ 119,201 38,429
4V1 322-611 Program Support $ 110,560 $ 113,374 38,432
4V1 322-615 Ohio's 38,434
Self-Determination
Project $ 131,666 $ 131,666 38,436
488 322-603 Residential Services 38,438
Refund $ 3,297,786 $ 3,650,224 38,440
TOTAL GSF General Services 38,441
Fund Group $ 7,454,259 $ 7,921,913 38,444
Federal Special Revenue Fund Group 38,447
3A4 322-605 Community Program 38,450
Support $ 2,569,284 $ 2,749,134 38,452
3A4 322-610 Community Residential 38,454
Support $ 5,537,250 $ 5,924,858 38,456
3A5 322-613 DD Council Grants $ 3,358,290 $ 3,358,290 38,460
3G6 322-639 Medicaid Waiver $ 135,921,846 $ 136,602,770 38,464
3M7 322-650 CAFS Medicaid $ 141,058,250 $ 141,890,490 38,468
325 322-608 Federal Grants - 38,470
Operating Expenses $ 1,197,586 $ 1,225,523 38,472
325 322-612 Social Service Block 38,474
Grant $ 15,100,000 $ 15,100,000 38,476
325 322-614 Health and Human 38,478
Services $ 214,245 $ 214,245 38,480
325 322-617 Education Grants - 38,482
Operating $ 277,650 $ 277,650 38,484
TOTAL FED Federal Special Revenue 38,485
Fund Group $ 305,234,401 $ 307,342,960 38,488
830
State Special Revenue Fund Group 38,491
4K8 322-604 Waiver - Match $ 12,868,321 $ 12,532,806 38,496
5H0 322-619 Medicaid Repayment $ 534,560 $ 549,980 38,500
TOTAL SSR State Special Revenue 38,501
Fund Group $ 13,402,881 $ 13,082,786 38,504
TOTAL ALL COMMUNITY SERVICES 38,505
BUDGET FUND GROUPS $ 519,902,962 $ 526,886,034 38,508
Residential and Support Services 38,511
The foregoing appropriation item 322-413, Residential and 38,513
Support Services, shall be used for any of the following: 38,514
(A) Home and community-based waiver services pursuant to 38,516
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 38,517
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental 38,519
retardation and developmental disabilities; 38,520
(C) Supported living services contracted by county boards 38,522
of mental retardation and developmental disabilities in 38,523
accordance with sections 5126.40 to 5126.47 of the Revised Code; 38,524
(D) County board of mental retardation and developmental 38,526
disabilities contracted purchase of service; 38,527
(E) Sermak Class Services used to implement the 38,529
requirements of the consent decree in the case of Sermak v. 38,530
Manuel, Case No. c-2-80-220, United States District Court for the 38,531
Southern District of Ohio, Eastern Division.
Notwithstanding Chapters 5123. and 5126. of the Revised 38,533
Code, the Department of Mental Retardation and Developmental 38,535
Disabilities may develop residential and support service programs 38,536
that enable persons with mental retardation and developmental 38,537
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 38,538
may waive the support collection requirements of those statutes 38,539
for persons in community programs developed by the department 38,540
under this section. The department shall adopt rules under 38,541
Chapter 119. of the Revised Code or may use existing rules for 38,542
831
the implementation of these programs.
Family Support Services 38,544
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 38,546
5126.11 of the Revised Code, the Department of Mental Retardation 38,547
and Developmental Disabilities may implement programs funded by 38,548
appropriation item 322-451, Family Support Services, to provide 38,549
assistance to persons with mental retardation or developmental 38,550
disabilities and their families who are living in the community. 38,552
The department shall adopt rules to implement these programs. 38,553
Case Management 38,555
The foregoing appropriation item 322-452, Case Management, 38,557
shall be allocated to county boards of mental retardation and 38,559
developmental disabilities for the purpose of providing case 38,560
management services and to assist in bringing state funding for 38,561
all department-approved case managers within county boards of 38,562
mental retardation and developmental disabilities to the level 38,563
authorized in division (D) of section 5126.15 of the Revised 38,564
Code. The department may request approval from the Controlling 38,565
Board to transfer any unobligated appropriation authority from 38,566
other state General Revenue Fund appropriation items within the 38,567
department's budget to appropriation item 322-452, Case 38,568
Management, to be used to meet the statutory funding level in 38,569
division (D) of section 5126.15 of the Revised Code. 38,570
Notwithstanding division (D) of section 5126.15 of the 38,572
Revised Code and subject to funding in appropriation item 38,573
322-452, Case Management, no county may receive less than its 38,574
allocation in fiscal year 1995.
State Subsidies to MR/DD boards 38,576
Of the foregoing appropriation item 322-501, County Boards 38,578
Subsidies, $1,500,000 in each fiscal year shall be used to fund 38,579
the tax equity program in accordance with sections 5126.16, 38,580
5126.17, and 5126.18 of the Revised Code.
Waiver - Match 38,582
The foregoing appropriation item 322-604, Waiver-Match 38,584
832
(Fund 4K8), shall be used as state matching funds for the home 38,585
and community-based waivers. 38,586
The Department of Human Services may enter into an 38,588
interagency agreement with the Department of Mental Retardation 38,589
and Developmental Disabilities providing for the Department of 38,590
Mental Retardation and Developmental Disabilities to operate the 38,591
program. 38,592
Developmental Center Program to Develop a Model Billing for 38,594
Services Rendered 38,595
Developmental centers of the Department of Mental 38,597
Retardation and Developmental Disabilities may provide services 38,598
to persons with mental retardation or developmental disabilities 38,599
living in the community or to providers of services to these 38,600
persons. The department may develop a methodology for recovery 38,601
of all costs associated with the provisions of these services. 38,602
Section 69.03. Residential Facilities 38,604
General Revenue Fund 38,606
GRF 323-321 Residential 38,609
Facilities Operations $ 104,027,497 $ 103,976,271 38,611
TOTAL GRF General Revenue Fund $ 104,027,497 $ 103,976,271 38,614
General Services Fund Group 38,617
152 323-609 Residential 38,620
Facilities Support $ 849,108 $ 870,772 38,622
TOTAL GSF General Services 38,623
Fund Group $ 849,108 $ 870,772 38,626
Federal Special Revenue Fund Group 38,629
3A4 323-605 Residential 38,632
Facilities
Reimbursement $ 125,178,287 $ 125,985,419 38,634
325 323-608 Federal Grants - 38,636
Subsidies $ 401,173 $ 429,255 38,638
325 323-617 Education Grants - 38,640
Residential
Facilities $ 374,882 $ 374,882 38,642
833
TOTAL FED Federal Special Revenue 38,643
Fund Group $ 125,954,342 $ 126,789,556 38,646
State Special Revenue Fund Group 38,649
489 323-632 Operating Expense $ 10,297,985 $ 10,726,617 38,654
TOTAL SSR State Special Revenue 38,655
Fund Group $ 10,297,985 $ 10,726,617 38,658
TOTAL ALL RESIDENTIAL FACILITIES 38,659
BUDGET FUND GROUPS $ 241,128,932 $ 242,363,216 38,662
DEPARTMENT TOTAL GENERAL REVENUE 38,665
FUND $ 341,404,001 $ 344,546,207 38,667
DEPARTMENT TOTAL GENERAL SERVICES 38,668
FUND GROUP $ 9,064,754 $ 9,573,453 38,670
DEPARTMENT TOTAL FEDERAL SPECIAL 38,671
REVENUE FUND GROUP $ 438,894,002 $ 442,533,271 38,673
DEPARTMENT TOTAL STATE SPECIAL 38,674
REVENUE FUND GROUP $ 23,700,866 $ 23,809,403 38,676
TOTAL DEPARTMENT OF MENTAL 38,677
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 813,063,623 $ 820,462,334 38,680
Section 70. MIH COMMISSION ON MINORITY HEALTH 38,683
General Revenue Fund 38,685
GRF 149-321 Operating Expenses $ 572,555 $ 582,837 38,690
GRF 149-501 Minority Health 38,692
Grants $ 1,047,826 $ 1,072,973 38,694
GRF 149-502 Lupus Program $ 182,298 $ 186,673 38,698
TOTAL GRF General Revenue Fund $ 1,802,679 $ 1,842,483 38,701
State Special Revenue Fund Group 38,704
4C2 149-601 Minority Health 38,707
Conference $ 121,051 $ 124,231 38,709
TOTAL SSR State Special Revenue 38,710
Fund Group $ 121,051 $ 124,231 38,713
TOTAL ALL BUDGET FUND GROUPS $ 1,923,730 $ 1,966,714 38,716
Lupus Program 38,719
The foregoing appropriation item 149-502, Lupus Program, 38,721
834
shall be used to provide grants for programs in patient, public, 38,722
and professional education on the subject of Systemic Lupus 38,723
Erythemtosus; to encourage and develop local centers on lupus 38,724
information gathering and screening; and to provide outreach to 38,725
minority women. 38,726
Section 71. CRB MOTOR VEHICLE COLLISION REPAIR 38,729
REGISTRATION BOARD 38,730
General Service Fund Group 38,732
5H9 865-609 Operating Expenses $ 228,638 $ 228,778 38,737
TOTAL GSF General Services 38,738
Fund Group $ 228,638 $ 228,778 38,741
TOTAL ALL BUDGET FUND GROUPS $ 228,638 $ 228,778 38,744
Section 72. DNR DEPARTMENT OF NATURAL RESOURCES 38,747
General Revenue Fund 38,749
GRF 725-401 Wildlife - GRF 38,752
Central Support $ 1,221,229 $ 1,268,315 38,754
GRF 725-404 Fountain Square 38,756
Rental Payments - OBA $ 1,087,000 $ 1,093,000 38,758
GRF 725-408 Reclamation and 38,760
Mining $ 2,406,020 $ 2,408,999 38,762
GRF 725-412 Reclamation 38,764
Commission $ 66,475 $ 68,165 38,766
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 38,770
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 38,774
GRF 725-419 Oil & Gas Well 38,776
Plugging $ 500,000 $ 500,000 38,778
GRF 725-423 Stream and Ground 38,780
Water Gauging $ 422,863 $ 459,387 38,782
GRF 725-425 Wildlife License 38,784
Reimbursement $ 1,000,000 $ 1,000,000 38,786
GRF 725-456 Canal Lands $ 414,783 $ 423,203 38,790
GRF 725-502 Soil and Water 38,792
Districts $ 10,564,494 $ 11,390,831 38,794
835
GRF 725-507 Conservation Reserve 38,796
Enhancement Program $ 2,000,000 $ 2,000,000 38,798
GRF 727-321 Division of Forestry $ 10,078,524 $ 9,956,427 38,802
GRF 728-321 Division of 38,804
Geological Survey $ 2,164,135 $ 2,270,778 38,806
GRF 729-321 Computer Information 38,808
Services &
Communications $ 1,172,567 $ 1,214,464 38,810
GRF 730-321 Division of Parks and 38,812
Recreation $ 34,855,224 $ 34,951,655 38,814
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 38,818
GRF 734-321 Division of Oil and 38,820
Gas $ 225,366 $ 1,114,957 38,822
GRF 736-321 Division of Chief 38,824
Engineer $ 4,371,204 $ 3,773,672 38,826
GRF 737-321 Division of Soil and 38,828
Water $ 4,092,866 $ 4,382,166 38,830
GRF 738-321 Office of Real Estate 38,832
and Land Management $ 2,493,793 $ 2,550,457 38,834
GRF 741-321 Division of Natural 38,836
Areas $ 3,415,305 $ 3,396,390 38,838
GRF 743-321 Division of Civilian 38,840
Conservation $ 5,100,636 $ 5,225,382 38,842
TOTAL GRF General Revenue Fund $ 107,378,219 $ 106,320,291 38,845
General Services Fund Group 38,848
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 38,853
157 725-651 Central Support 38,855
Indirect $ 7,302,432 $ 7,273,923 38,857
158 725-604 Natural Resources 38,859
Publication Center
Intrastate $ 79,170 $ 80,154 38,861
161 725-635 Parks Facilities 38,863
Maintenance $ 2,666,395 $ 2,737,935 38,865
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 38,869
836
204 725-687 Information Services $ 2,217,392 $ 2,145,631 38,873
206 725-689 REALM Support 38,875
Services $ 447,811 $ 473,152 38,877
207 725-690 Real Estate $ 53,924 $ 55,320 38,881
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 38,885
4S9 725-622 NatureWorks Personnel $ 655,136 $ 479,163 38,889
4X8 725-662 Water Planning 38,891
Council $ 262,900 $ 269,700 38,893
430 725-671 Canal Lands $ 1,029,302 $ 998,044 38,897
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 38,901
508 725-684 Natural Resources 38,903
Publication Center
Interstate $ 393,166 $ 361,877 38,905
510 725-631 Maintenance - 38,907
state-owned
residences $ 230,669 $ 220,771 38,909
516 725-620 Water Management $ 2,407,372 $ 2,404,055 38,913
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 38,917
635 725-664 Fountain Square 38,919
Facilities Management $ 2,595,957 $ 2,699,355 38,921
697 725-670 Submerged Lands $ 547,762 $ 567,920 38,925
TOTAL GSF General Services 38,926
Fund Group $ 25,995,212 $ 26,248,864 38,929
Federal Special Revenue Fund Group 38,932
3B3 725-640 Federal Forest 38,935
Pass-Thru $ 55,000 $ 55,000 38,937
3B4 725-641 Federal Flood 38,939
Pass-Thru $ 185,000 $ 190,000 38,941
3B5 725-645 Federal Abandoned 38,943
Mine Lands $ 7,418,833 $ 7,630,403 38,945
3B6 725-653 Federal Land and 38,947
Water Conservation $ 130,000 $ 120,000 38,949
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 38,953
837
3P0 725-630 Natural Areas and 38,955
Preserves-Federal $ 262,400 $ 185,000 38,957
3P1 725-632 Geological 38,959
Survey-Federal $ 350,000 $ 350,000 38,961
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 38,965
3P3 725-650 Real Estate and Land 38,967
Management-Federal $ 2,857,755 $ 3,185,120 38,969
3P4 725-660 Water-Federal $ 180,000 $ 180,000 38,973
3R5 725-673 Acid Mine Drainage 38,975
Abatement/Treatment $ 600,000 $ 600,000 38,977
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 38,981
332 725-669 Federal Mine Safety 38,983
Grant $ 133,095 $ 137,056 38,985
TOTAL FED Federal Special Revenue 38,986
Fund Group $ 15,628,229 $ 16,027,961 38,989
State Special Revenue Fund Group 38,992
4B8 725-617 Forestry Development $ 25,000 $ 25,000 38,997
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 39,001
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 39,005
4U6 725-668 Scenic Rivers 39,007
Protection $ 261,307 $ 268,431 39,009
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 39,013
509 725-602 State Forest $ 1,520,379 $ 1,440,326 39,017
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 39,021
512 725-605 State Parks 39,023
Operations $ 27,150,223 $ 27,048,732 39,025
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 39,029
518 725-643 Oil and Gas Permit 39,031
Fees $ 3,618,829 $ 2,878,496 39,033
521 725-627 Off-Road Vehicle 39,035
Trails $ 62,036 $ 63,790 39,037
522 725-656 Natural Areas 39,039
Checkoff Funds $ 745,301 $ 766,169 39,041
838
525 725-608 Reclamation 39,043
Forfeiture $ 597,082 $ 597,664 39,045
526 725-610 Strip Mining 39,047
Administration Fees $ 1,956,599 $ 2,006,000 39,049
527 725-637 Surface Mining 39,051
Administration $ 1,964,078 $ 2,016,050 39,053
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 39,057
530 725-647 Surface Mining 39,059
Reclamation $ 76,725 $ 78,951 39,061
531 725-648 Reclamation 39,063
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 39,065
532 725-644 Litter Control and 39,067
Recycling $ 10,965,210 $ 11,264,587 39,069
615 725-661 Dam Safety $ 136,633 $ 139,237 39,073
TOTAL SSR State Special Revenue 39,074
Fund Group $ 53,653,325 $ 53,029,615 39,077
Wildlife Fund Group 39,080
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 39,085
015 740-321 Division of Wildlife 39,087
Conservation $ 40,345,888 $ 41,400,117 39,089
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 39,093
815 725-636 Cooperative 39,095
Management Projects $ 148,850 $ 153,166 39,097
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 39,101
817 725-655 Wildlife Conservation 39,103
Checkoff Fund $ 1,301,143 $ 1,327,577 39,105
818 725-629 Cooperative Fisheries 39,107
Research $ 918,004 $ 943,708 39,109
819 725-685 Ohio River Management $ 119,302 $ 122,748 39,113
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 39,116
Waterways Safety Fund Group 39,119
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 39,124
839
086 725-416 Natural Areas Marine 39,126
Patrol $ 25,000 $ 25,000 39,128
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 39,132
086 725-418 Buoy Placement $ 39,298 $ 40,267 39,136
086 725-501 Waterway Safety 39,138
Grants $ 128,024 $ 131,609 39,140
086 725-506 Watercraft Marine 39,142
Patrol $ 359,800 $ 369,875 39,144
086 725-513 Watercraft 39,146
Educational Grants $ 128,500 $ 132,098 39,148
086 739-321 Division of 39,150
Watercraft $ 11,615,111 $ 11,892,223 39,152
880 725-614 Cooperative Boat 39,154
Harbor Projects $ 108,637 $ 111,679 39,156
TOTAL WSF Waterways Safety Fund 39,157
Group $ 15,520,772 $ 15,818,786 39,160
Holding Account Redistribution Fund Group 39,163
R17 725-659 Performance Cash Bond 39,166
Refunds $ 265,000 $ 265,500 39,168
R29 725-607 Reclamation Fee 39,170
Refund $ 350,000 $ 350,000 39,172
R30 725-638 Surface Mining 39,174
Reclamation Fees $ 12,000 $ 12,000 39,176
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 39,180
TOTAL 090 Holding Account 39,181
Redistribution Fund Group $ 2,377,000 $ 2,377,500 39,184
Accrued Leave Liability Fund Group 39,187
4M8 725-675 FOP Contract $ 17,551 $ 17,990 39,192
TOTAL ALF Accrued Leave 39,193
Liability Fund Group $ 17,551 $ 17,990 39,196
TOTAL ALL BUDGET FUND GROUPS $ 265,951,717 $ 266,406,900 39,199
Section 72.01. Rental Payments to the Ohio Public 39,202
Facilities Commission 39,203
The foregoing appropriation item 725-413, OPFC Rental 39,205
840
Payments, shall be used to meet all payments at the times they 39,207
are required to be made during the period from July 1, 1999, to 39,208
June 30, 2001, by the Department of Natural Resources to the Ohio 39,209
Public Facilities Commission pursuant to leases and agreements 39,210
made under section 154.22 of the Revised Code, but limited to the 39,211
aggregate amount of $28,410,000. Nothing in this act shall be 39,212
deemed to contravene the obligation of the state to pay, without 39,213
necessity for further appropriation, from the sources pledged 39,214
thereto, the bond service charges on obligations issued pursuant 39,215
to section 154.22 of the Revised Code. 39,216
Fountain Square 39,218
The foregoing appropriation item 725-404, Fountain Square 39,220
Rental Payments - OBA, shall be used by the Department of Natural 39,222
Resources to meet all payments required to be made to the Ohio 39,223
Building Authority during the period from July 1, 1999, to June 39,224
30, 2001, pursuant to leases and agreements with the Ohio 39,225
Building Authority under section 152.241 of the Revised Code, but 39,226
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 39,228
transfer vouchers, shall make payments to the General Revenue 39,230
Fund from funds other than the General Revenue Fund to reimburse 39,231
the General Revenue Fund for their share of the lease rental 39,232
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the 39,233
payment from the Ohio Building Authority for the actual amounts 39,234
necessary to fulfill the leases and agreements pursuant to 39,235
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 39,237
Facilities Management (Fund 635), shall be used for payment of 39,239
repairs, renovation, utilities, property management, and building 39,240
maintenance expenses for the Fountain Square Complex. Cash 39,241
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 39,242
Natural Resources shall be deposited to the Fountain Square 39,243
841
Facilities Management Fund (Fund 635). 39,244
Section 72.02. Central Support Indirect Chargeback 39,246
With the exception of the Division of Wildlife, whose 39,248
indirect central support charges shall be paid by the General 39,249
Revenue Fund from the foregoing appropriation item 725-401, 39,250
Wildlife - GRF Central Support, the Department of Natural 39,251
Resources, with the approval of the Director of Budget and 39,252
Management, shall utilize a methodology for determining each 39,253
division's payments into the Central Support Indirect Chargeback 39,254
Fund (Fund 157). The methodology used shall contain the 39,255
characteristics of administrative ease and uniform application. 39,256
Payments to the Central Support Indirect Chargeback Fund shall be 39,257
made using an intrastate transfer voucher. 39,258
Wildlife License Reimbursement 39,260
Notwithstanding the limits of the transfer from the General 39,262
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 39,263
of the Revised Code, up to the amount available in appropriation 39,264
item 725-425, Wildlife License Reimbursement, may be transferred 39,265
from the General Revenue Fund to the Wildlife Fund (Fund 015). 39,266
Pursuant to the certification of the Director of Budget and 39,267
Management of the amount of foregone revenue in accordance with 39,268
section 1533.15 of the Revised Code, the foregoing appropriation 39,269
item in the General Revenue Fund, appropriation item 725-425, 39,270
Wildlife License Reimbursement, shall be used to reimburse the 39,271
Wildlife Fund (Fund 015) for the cost of hunting and fishing 39,272
licenses and permits issued after June 30, 1990, to individuals 39,273
who are exempted under the Revised Code from license, permit, and 39,274
stamp fees.
Soil and Water Districts 39,276
In addition to state payments to soil and water 39,278
conservation districts authorized by section 1515.10 of the 39,279
Revised Code, the Department of Natural Resources may pay to any 39,280
soil and water conservation district, from authority in 39,281
appropriation item 725-502, Soil and Water Districts, an annual 39,282
842
amount not to exceed $30,000, upon receipt of a request and 39,283
justification from the district and approval by the Ohio Soil and 39,284
Water Conservation Commission. The county auditor shall credit 39,285
such payments to the special fund established pursuant to section 39,286
1515.10 of the Revised Code for the local soil and water 39,287
conservation district. Moneys received by each district shall be 39,288
expended for the purposes of the district. 39,289
Of the foregoing appropriation item 725-502, Soil and Water 39,291
Districts, $150,000 in each fiscal year shall be distributed to 39,292
the Muskingum Watershed Conservancy District. 39,293
Of the foregoing appropriation item 725-502, Soil and Water 39,295
Districts, $170,000 in each fiscal year shall be distributed to 39,296
the Indian Lake Watershed.
No funds shall be used to pay for cost sharing under 39,299
section 1511.02 of the Revised Code if the Chief of Soil and 39,300
Water Conservation issues an order finding a person has caused 39,301
agricultural pollution by failure to comply with the standards 39,302
established under that section.
Soil and Water Districts 39,304
Of the foregoing appropriation item 725-502, Soil and Water 39,306
Districts, up to $8,043,891 in fiscal year 2000 and up to 39,307
$8,687,402 in fiscal year 2001 shall be distributed to soil and 39,308
water conservation districts for matching funds pursuant to 39,309
section 1515.14 of the Revised Code.
Of the foregoing appropriation item 725-502, Soil and Water 39,311
Districts, $250,000 in each fiscal year shall be distributed to 39,312
the Resource Conservation and Development Councils. 39,313
Of the foregoing appropriation item 725-502, Soil and Water 39,315
Districts, $63,940 in fiscal year 2000 and fiscal year 2001 shall 39,316
be used for the Conservation Action Project to improve water 39,317
quality in Defiance, Fulton, Henry, Lucas, Paulding, Williams, 39,318
and Wood counties.
Division of Soil and Water 39,320
Of the foregoing appropriation item 737-321, Division of 39,322
843
Soil and Water, $220,000 in each fiscal year shall be distributed 39,323
to the Water Quality Laboratory located at Heidelberg College. 39,325
Canal Lands 39,327
The foregoing appropriation item 725-456, Canal Lands, 39,329
shall be used to transfer funds to the Canal Lands Fund (Fund 39,330
430) to provide operating expenses for the State Canal Lands 39,331
Program. The transfer shall be made using an intrastate transfer 39,332
voucher and shall be subject to the approval of the Director of 39,333
Budget and Management. 39,334
Watercraft Marine Patrol 39,336
Of the foregoing appropriation item 739-321, Division of 39,338
Watercraft, $50,000 in each fiscal year shall be expended for the 39,339
purchase of equipment for marine patrols qualifying for funding 39,340
from the Department of Natural Resources pursuant to section 39,341
1547.67 of the Revised Code. Proposals for equipment shall 39,342
accompany the submission of documentation for receipt of a marine 39,343
patrol subsidy pursuant to section 1547.67 of the Revised Code 39,344
and shall be loaned to eligible marine patrols pursuant to a 39,345
cooperative agreement between the Department of Natural Resources 39,346
and the eligible marine patrol. 39,347
Water Resources Council 39,349
There is hereby created a Water Resources Council, 39,351
consisting of the Directors, or the designees of the Directors, 39,352
of Agriculture, Development, Environmental Protection, Health, 39,353
Natural Resources, Transportation, the State and Local Government 39,354
Commission, Public Utilities Commission, Ohio Public Works 39,355
Commission, and Ohio Water Development Authority. The Director 39,356
of Natural Resources shall chair the council. The chair of the 39,357
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 39,359
shall coordinate water policy development and planning activities 39,360
of state agencies and consider and make recommendations regarding 39,361
water policy development, planning coordination, and funding 39,363
issues.
844
Operating expenses of the council shall be paid from the 39,365
Water Resources Council Fund (Fund 4X8), which is hereby created. 39,366
The council may hire an executive director and staff to support 39,368
its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and 39,369
private interests to assist in meeting its objectives. The 39,370
Department of Natural Resources shall serve as fiscal agent of 39,372
the fund. The Departments of Agriculture, Development, 39,373
Environmental Protection, Health, Natural Resources, and
Transportation shall contribute equally, via interstate transfer 39,374
voucher, to the fund. The State and Local Government Commission, 39,375
Public Utilities Commission, Ohio Public Works Commission, and 39,376
Ohio Water Development Authority may also voluntarily pay into 39,377
the Water Resources Council Fund for the operating expenses of 39,378
the council. If voluntary payment is made into the fund the 39,379
portion for the Departments of Agriculture, Development,
Environmental Protection, Health, Natural Resources, and 39,380
Transportation shall be equally reduced. 39,381
Cash Transfer 39,383
Not later than August 1, 1999, the Director of Budget and 39,385
Management shall transfer cash in an amount not to exceed $8,266 39,386
from the Departmental Projects Fund (Fund 155) to the Oil and Gas 39,387
Well Fund (Fund 518).
Not later than August 1, 1999, the Director of Budget and 39,389
Management shall transfer cash in an amount not to exceed 39,390
$150,000 from the Mining Regulation Fund (Fund 5B3) to the Oil 39,391
and Gas Well Fund (Fund 518).
Fund Consolidation 39,393
On July 15, 1999, or as soon thereafter as possible, the 39,395
Director of Budget and Management shall transfer the cash 39,396
balances of the Departmental Services - Interstate Fund (Fund 39,397
507) as of June 30, 1999, and any amounts that accrue to that 39,398
fund after that date, to the Departmental Projects Fund (Fund
155). The Director shall cancel any remaining outstanding 39,399
845
encumbrances against appropriation item 725-681, Departmental 39,400
Services - Interstate, and reestablish them against appropriation 39,401
item 725-601, Departmental Projects. The amounts of any 39,402
encumbrances canceled and reestablished are hereby appropriated. 39,403
On July 15, 1999, or as soon thereafter as possible, the 39,405
Director of Budget and Management shall transfer the cash 39,406
balances of the Oil and Gas Well Plugging Fund (Fund 517) as of 39,407
June 30, 1999, and any amounts that accrue to that fund after 39,408
that date, to the Oil and Gas Well Fund (Fund 518). The director 39,409
shall cancel any remaining outstanding encumbrances against
appropriation item 725-615, Oil and Gas Well Plugging, and 39,410
reestablish them against appropriation item 725-643, Oil and Gas 39,411
Permit Fees. The amounts of any encumbrances canceled and 39,412
reestablished are hereby appropriated.
Burr Oak Water Plant Transfer 39,414
For the purposes of this section, "Burr Oak water system" 39,416
includes, but is not limited to, the Burr Oak water treatment 39,417
plant and its appurtenances.
Upon creation of a regional water district in accordance 39,419
with Chapter 6119. of the Revised Code, the Department of Natural 39,420
Resources shall transfer ownership of the Burr Oak water system 39,421
to the regional water district which shall serve portions of 39,422
Athens, Morgan, Hocking, and Perry counties, or surrounding 39,423
areas. The transfer of the Burr Oak water system shall occur
upon the execution of a transfer agreement between the Department 39,424
of Natural Resources and the regional water district setting 39,425
forth the provisions of the transfer. 39,426
Not more than thirty days prior to the execution of the 39,428
transfer agreement, the Director of Natural Resources shall 39,429
certify the amount of debt outstanding for the Burr Oak water 39,430
system and request the release of moneys up to $685,000 from 39,431
appropriation item 736-321, Division of Chief Engineer, to make
payment on the outstanding debt. Not more than fifteen days 39,432
after the execution of the transfer agreement, all unencumbered 39,433
846
moneys in the Burr Oak Water Plant Fund (Fund 519), Burr Oak 39,434
Water Plant, shall be distributed to the regional water district. 39,435
Section 73. NUR STATE BOARD OF NURSING 39,437
General Services Fund Group 39,439
4K9 884-609 Operating Expenses $ 4,080,547 $ 4,206,614 39,444
TOTAL GSF General Services 39,445
Fund Group $ 4,080,547 $ 4,206,614 39,448
TOTAL ALL BUDGET FUND GROUPS $ 4,080,547 $ 4,206,614 39,452
Section 74. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 39,455
AND ATHLETIC TRAINERS BOARD 39,456
General Services Fund Group 39,458
4K9 890-609 Operating Expenses $ 794,492 $ 632,645 39,463
TOTAL GSF General Services 39,464
Fund Group $ 794,492 $ 632,645 39,467
TOTAL ALL BUDGET FUND GROUPS $ 794,492 $ 632,645 39,470
Operating Expenses 39,473
Of the foregoing appropriation item 890-609, Operating 39,475
Expenses, $150,000 in fiscal year 2000 shall be used by the 39,476
physical therapy section of the Ohio Occupational Therapy, 39,477
Physical Therapy, and Athletic Trainers Board to commission a 39,478
study to measure clinical outcomes for physical therapy. The
physical therapy section for the board shall report the findings 39,479
of the study to the Speaker of the House of Representatives, the 39,480
President of the Senate, and the Governor no later than two years 39,481
after the effective date of this section. 39,482
Education Conference 39,484
The Occupational Therapy, Physical Therapy, and Athletic 39,486
Trainers Board shall plan a conference to discuss career options 39,487
for recent college graduates and new licensees. Members of the 39,488
conference shall be the directors, or their designees, of the 39,489
Occupational Therapy, Physical Therapy, and Athletic Trainers 39,490
Board, Board of Regents, Proprietary Schools and Community
Schools or their designees. The conference shall provide 39,491
recommendations to the Board of Regents. 39,492
847
Section 75. OLA OHIOANA LIBRARY ASSOCIATION 39,494
General Revenue Fund 39,496
GRF 355-501 Library Subsidy $ 443,750 $ 280,461 39,501
TOTAL GRF General Revenue Fund $ 443,750 $ 280,461 39,504
TOTAL ALL BUDGET FUND GROUPS $ 443,750 $ 280,461 39,507
Library Subsidy 39,510
Of the foregoing appropriation item 355-501, Library 39,512
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 39,513
relocation of the Ohioana Library from the State Departments 39,514
Building.
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD 39,516
General Services Fund Group 39,518
4K9 894-609 Operating Expenses $ 262,402 $ 260,182 39,523
TOTAL GSF General Services 39,524
Fund Group $ 262,402 $ 260,182 39,527
TOTAL ALL BUDGET FUND GROUPS $ 262,402 $ 260,182 39,530
Section 77. OPT STATE BOARD OF OPTOMETRY 39,533
General Services Fund Group 39,535
4K9 885-609 Operating Expenses $ 267,672 $ 266,294 39,540
TOTAL GSF General Services 39,541
Fund Group $ 267,672 $ 266,294 39,544
TOTAL ALL BUDGET FUND GROUPS $ 267,672 $ 266,294 39,548
Section 78. PBR STATE PERSONNEL BOARD OF REVIEW 39,551
General Revenue Fund 39,553
GRF 124-321 Operating $ 1,219,720 $ 1,077,232 39,558
TOTAL GRF General Revenue Fund $ 1,219,720 $ 1,077,232 39,561
General Services Fund Group 39,564
636 124-601 Transcript and Other $ 37,838 $ 38,746 39,569
TOTAL GSF General Services 39,570
Fund Group $ 37,838 $ 38,746 39,573
TOTAL ALL BUDGET FUND GROUPS $ 1,257,558 $ 1,115,978 39,576
Transcript and Other 39,579
The foregoing appropriation item 124-601, Transcript and 39,581
Other, may be used to produce and distribute transcripts and 39,582
848
other documents. Revenues generated by charges for transcripts 39,583
and other documents shall be deposited in the Transcripts and 39,584
Other Fund (Fund 636). 39,585
Section 79. PRX STATE BOARD OF PHARMACY 39,587
General Services Fund Group 39,589
4A5 887-605 Drug Law Enforcement $ 65,000 $ 70,000 39,594
4K9 887-609 Operating Expenses $ 3,841,199 $ 3,829,277 39,598
TOTAL GSF General Services 39,599
Fund Group $ 3,906,199 $ 3,899,277 39,602
TOTAL ALL BUDGET FUND GROUPS $ 3,906,199 $ 3,899,277 39,605
Section 80. PSY STATE BOARD OF PSYCHOLOGY 39,608
General Services Fund Group 39,610
4K9 882-609 Operating Expenses $ 456,543 $ 443,625 39,615
TOTAL GSF General Services 39,616
Fund Group $ 456,543 $ 443,625 39,619
TOTAL ALL BUDGET FUND GROUPS $ 456,543 $ 443,625 39,622
Section 81. PUB OHIO PUBLIC DEFENDER COMMISSION 39,625
General Revenue Fund 39,627
GRF 019-321 Public Defender 39,630
Administration $ 1,773,081 $ 1,808,544 39,632
GRF 019-401 State Legal Defense 39,634
Services $ 6,810,632 $ 6,993,291 39,636
GRF 019-403 Multi-County: State 39,638
Share $ 1,108,780 $ 1,280,291 39,640
GRF 019-404 Trumbull County-State 39,642
Share $ 415,691 $ 429,680 39,644
GRF 019-405 Training Account $ 48,500 $ 48,500 39,649
GRF 019-501 County Reimbursement 39,651
- Non-Capital Cases $ 31,495,223 $ 34,600,011 39,653
GRF 019-503 County Reimbursements 39,655
- Capital Cases $ 1,151,476 $ 1,257,059 39,657
TOTAL GRF General Revenue Fund $ 42,803,383 $ 46,417,376 39,660
General Services Fund Group 39,663
849
101 019-602 Inmate Legal 39,666
Assistance $ 57,983 $ 56,422 39,668
101 019-607 Juvenile Legal 39,670
Assistance $ 456,055 $ 503,615 39,672
406 019-603 Training and 39,674
Publications $ 16,000 $ 16,000 39,676
407 019-604 County Representation $ 466,799 $ 456,959 39,680
408 019-605 Client Payments $ 127,985 $ 131,453 39,684
TOTAL GSF General Services 39,685
Fund Group $ 1,124,822 $ 1,164,449 39,688
Federal Special Revenue Fund Group 39,691
3S8 019-608 Federal 39,694
Representation $ 190,000 $ 190,000 39,696
TOTAL FED Federal Special Revenue 39,697
Fund Group $ 190,000 $ 190,000 39,700
State Special Revenue Fund Group 39,703
4C7 019-601 Multi-County: County 39,706
Share $ 1,556,829 $ 1,614,051 39,708
4X7 019-610 Trumbull 39,710
County-County Share $ 552,627 $ 579,645 39,712
574 019-606 Legal Services 39,714
Corporation $ 16,350,000 $ 16,850,000 39,716
TOTAL SSR State Special Revenue 39,717
Fund Group $ 18,459,456 $ 19,043,696 39,720
TOTAL ALL BUDGET FUND GROUPS $ 62,577,661 $ 66,815,521 39,723
Indigent Defense Office 39,726
The foregoing appropriation items 019-404, Trumbull County 39,728
- State Share, and 019-610, Trumbull County - County Share, shall 39,729
be used to support an indigent defense office for Trumbull 39,730
County.
Training Account 39,732
The foregoing appropriation item 019-405, Training Account, 39,734
shall be used by the Ohio Public Defender to provide legal 39,735
training programs at no cost for private appointed counsel who 39,736
850
represent at least one indigent defendant at no cost, and for 39,737
state and county public defenders and attorneys who contract with 39,738
the Ohio Public Defender to provide indigent defense services. 39,739
Federal Representation 39,741
The foregoing appropriation item 019-608, Federal 39,743
Representation, shall be used to receive reimbursements from the 39,744
federal courts when the Ohio Public Defender provides 39,746
representation on federal court cases.
Section 82. DHS DEPARTMENT OF PUBLIC SAFETY 39,748
General Revenue Fund 39,750
GRF 763-403 Operating Expenses - 39,753
EMA $ 4,090,853 $ 3,574,514 39,755
GRF 763-409 MARCS Operations and 39,757
Maintenance $ 740,284 $ 735,997 39,759
GRF 763-507 Individual and Family 39,761
Grants $ 100,000 $ 105,000 39,763
GRF 764-404 Transportation 39,765
Enforcement
Operations $ 2,156,879 $ 2,157,207 39,767
GRF 769-321 Food Stamp 39,769
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 39,771
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 39,774
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 39,779
American Red Cross Disaster Preparedness and Training 39,782
Of the foregoing appropriation item 763-403, Operating 39,784
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 39,785
distributed to the American Red Cross in Ohio for disaster 39,786
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 39,788
agreement between the State of Ohio Chapters of the American Red 39,789
Cross to specify the terms by which these funds shall be 39,790
requested, distributed, and accounted for to enhance the disaster 39,791
851
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 39,792
Management Agency shall require of the American Red Cross a plan 39,793
that facilitates implementation of the current Statement of 39,794
Understanding between the State of Ohio and the American Red 39,795
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 39,796
MARCS Operations and Maintenance Transfers 39,798
Upon the request of the Director of Public Safety, the 39,800
Director of Budget and Management shall transfer up to $304,284 39,801
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 39,802
2001 by intrastate transfer voucher from appropriation item 39,803
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 39,804
Maintenance Fund.
Upon the request of the Director of Public Safety, the 39,806
Director of Budget and Management shall transfer up to $436,000 39,807
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 39,808
2001 by intrastate transfer voucher from appropriation item 39,809
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 39,810
Operations Fund.
IFG State Match 39,812
The foregoing appropriation item 763-507, Individual and 39,814
Family Grants, shall be used to fund the state share of costs to 39,815
provide grants to individuals and families in cases of disaster. 39,816
Section 83. PUC PUBLIC UTILITIES COMMISSION OF OHIO 39,818
General Services Fund Group 39,820
5F6 870-622 Utility and Railroad 39,823
Regulation $ 25,207,000 $ 25,145,000 39,825
5F6 870-624 NARUC/NRRI Subsidy $ 167,233 $ 167,233 39,829
5F6 870-625 Motor Transportation 39,831
Regulation $ 4,239,287 $ 4,237,947 39,833
558 870-602 Salvage and Exchange $ 31,031 $ 31,775 39,837
TOTAL GSF General Services 39,838
Fund Group $ 29,644,551 $ 29,581,955 39,841
852
Federal Special Revenue Fund Group 39,844
333 870-601 Gas Pipeline Safety $ 441,208 $ 454,898 39,849
350 870-608 Motor Carrier Safety $ 4,028,483 $ 4,089,335 39,853
TOTAL FED Federal Special Revenue 39,854
Fund Group $ 4,469,691 $ 4,544,233 39,857
State Special Revenue Fund Group 39,860
4A3 870-614 Grade Crossing 39,863
Protection
Devices-State $ 1,242,480 $ 1,275,759 39,865
4L8 870-617 Pipeline Safety-State $ 164,789 $ 164,085 39,870
4S6 870-618 Hazardous Material 39,873
Registration $ 621,388 $ 626,809 39,875
4S6 870-621 Hazardous Materials 39,878
Base State
Registration $ 348,046 $ 356,399 39,880
4U8 870-620 Civil Forfeitures $ 250,009 $ 249,451 39,885
559 870-605 Public Utilities 39,887
Territorial
Administration $ 4,688 $ 4,801 39,889
560 870-607 Special Assessment $ 100,000 $ 100,000 39,893
561 870-606 Power Siting Board $ 300,000 $ 297,893 39,897
638 870-611 Biofuels/Municipal 39,899
Waste Technology $ 69,196 $ 69,908 39,901
661 870-612 Hazardous Materials 39,903
Transportation $ 800,000 $ 800,000 39,905
TOTAL SSR State Special Revenue 39,906
Fund Group $ 3,900,596 $ 3,945,105 39,909
Agency Fund Group 39,912
4G4 870-616 Base State 39,915
Registration Program $ 7,000,000 $ 7,000,000 39,917
TOTAL AGY Agency Fund Group $ 7,000,000 $ 7,000,000 39,920
TOTAL ALL BUDGET FUND GROUPS $ 45,014,838 $ 45,071,293 39,925
Elimination of Utility Forecasting Fund 39,928
On July 1, 1999, or as soon thereafter as possible, the 39,930
853
Director of Budget and Management shall transfer the cash balance 39,931
in the Utility Forecasting Fund (Fund 587) to the Public 39,932
Utilities Fund (Fund 5F6). The director shall cancel any 39,933
existing encumbrances against appropriation item 870-609, Utility
Forecasting (Fund 587), and reestablish them against 39,934
appropriation item 870-622, Utility and Railroad Regulation (Fund 39,935
5F6).
Grade Crossing Protection Program 39,937
In appropriation item 870-614, Grade Crossing Protection 39,939
Devices - State, as determined by the Director of Budget and 39,940
Management, the amounts necessary to reestablish prior-year 39,941
encumbrances are hereby appropriated. 39,942
Section 84. RAC STATE RACING COMMISSION 39,944
State Special Revenue Fund Group 39,946
5C4 875-607 Simulcast Horse 39,949
Racing Purse $ 13,664,161 $ 13,989,559 39,951
562 875-601 Thoroughbred Race 39,953
Fund $ 4,327,786 $ 4,431,653 39,955
563 875-602 Standardbred 39,957
Development Fund $ 1,816,934 $ 1,858,533 39,959
564 875-603 Quarterhorse 39,961
Development Fund $ 8,000 $ 8,000 39,963
565 875-604 Racing Commission 39,965
Operating $ 3,975,039 $ 4,012,502 39,967
TOTAL SSR State Special Revenue 39,968
Fund Group $ 23,791,920 $ 24,300,247 39,971
Holding Account Redistribution Fund Group 39,974
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 39,979
TOTAL 090 Holding Account 39,980
Redistribution
Fund Group $ 212,900 $ 212,900 39,983
TOTAL ALL BUDGET FUND GROUPS $ 24,004,820 $ 24,513,147 39,986
Section 85. DRC DEPARTMENT OF REHABILITATION AND 39,989
CORRECTION 39,990
854
General Revenue Fund 39,992
GRF 501-321 Institutional 39,994
Operations $ 751,512,763 $ 790,304,677 39,996
GRF 501-403 Prisoner Compensation $ 9,257,805 $ 9,654,376 40,000
GRF 501-405 Halfway House $ 31,948,765 $ 34,277,931 40,004
GRF 501-406 Lease Rental Payments $ 120,900,000 $ 129,500,000 40,008
GRF 501-407 Community 40,010
Nonresidential
Programs $ 15,986,812 $ 16,466,767 40,012
GRF 501-408 Community Misdemeanor 40,014
Programs $ 8,431,580 $ 8,676,220 40,016
GRF 501-501 Community Residential 40,018
Programs-CBCF $ 47,460,173 $ 52,859,374 40,021
GRF 502-321 Mental Health 40,023
Services $ 73,829,408 $ 75,809,266 40,025
GRF 503-321 Parole and Community 40,027
Operations $ 73,414,938 $ 73,040,275 40,029
GRF 504-321 Administrative 40,031
Operations $ 27,787,499 $ 28,016,367 40,033
GRF 505-321 Institution Medical 40,035
Services $ 122,883,126 $ 126,283,661 40,037
GRF 506-321 Institution Education 40,039
Services $ 22,753,530 $ 23,455,913 40,041
GRF 507-321 Institution Recovery 40,043
Services $ 6,337,366 $ 6,393,616 40,045
TOTAL GRF General Revenue Fund $1,312,503,765 $1,374,738,443 40,048
General Services Fund Group 40,050
4B0 501-601 Penitentiary Sewer 40,053
Treatment Facility
Services $ 1,414,841 $ 1,438,983 40,055
4D4 501-603 Prisoner Programs $ 19,401,160 $ 19,726,098 40,059
4L4 501-604 Transitional Control $ 374,648 $ 384,745 40,063
4S5 501-608 Education Services $ 3,957,494 $ 4,023,449 40,067
483 501-605 Property Receipts $ 346,822 $ 346,821 40,071
855
5H8 501-617 Offender Financial 40,073
Responsibility $ 406,627 $ 426,959 40,075
571 501-606 Training Academy 40,077
Receipts $ 69,903 $ 71,567 40,079
593 501-618 Laboratory Services $ 4,450,486 $ 4,673,010 40,083
TOTAL GSF General Services 40,084
Fund Group $ 30,421,981 $ 31,091,632 40,087
Federal Special Revenue Fund Group 40,089
3S1 501-615 Truth-In-Sentencing 40,092
Grants $ 15,000,000 $ 15,000,000 40,094
323 501-619 Federal Grants $ 11,190,999 $ 9,548,001 40,098
TOTAL FED Federal Special Revenue 40,099
Fund Group $ 26,190,999 $ 24,548,001 40,102
Intragovernmental Service Fund Group 40,105
148 501-602 Services and 40,108
Agricultural $ 95,133,830 $ 100,126,370 40,110
200 501-607 Ohio Penal Industries $ 46,292,000 $ 47,679,999 40,114
TOTAL ISF Intragovernmental 40,115
Service Fund Group $ 141,425,830 $ 147,806,369 40,118
TOTAL ALL BUDGET FUND GROUPS $1,510,542,575 $1,578,184,445 40,121
Halfway House 40,124
Of the foregoing appropriation item 501-405, Halfway House, 40,126
$50,000 in fiscal year 2000 shall be distributed directly to the 40,128
Oriana House.
Ohio Building Authority Lease Payments 40,130
The foregoing appropriation item 501-406, Lease Rental 40,132
Payments, shall be used for payments to the Ohio Building 40,134
Authority for the period July 1, 1999, to June 30, 2001, pursuant 40,135
to the primary leases and agreements for those buildings made 40,136
under Chapter 152. of the Revised Code in the amount of
$250,400,000 which are the source of funds pledged for bond 40,137
service charges on related obligations issued pursuant to Chapter 40,139
152. of the Revised Code.
Prisoner Compensation 40,141
856
Money from the foregoing appropriation item 501-403, 40,143
Prisoner Compensation, shall be transferred on a quarterly basis 40,144
by intrastate transfer voucher to Fund 148 for the purposes of 40,146
paying prisoner compensation. 40,147
Inmate Development Program 40,149
Of the foregoing appropriation item 503-321, Parole and 40,151
Community Operations, at least $30,000 in each fiscal year shall 40,152
be used for an inmate development program. 40,153
Section 86. RSC REHABILITATION SERVICES COMMISSION 40,155
General Revenue Fund 40,157
GRF 415-100 Personal Services $ 7,981,041 $ 7,865,107 40,162
GRF 415-401 Personal Care 40,164
Assistance $ 788,624 $ 807,551 40,166
GRF 415-402 Independent Living 40,168
Council $ 401,278 $ 410,909 40,170
GRF 415-403 Mental Health 40,172
Services $ 759,578 $ 777,807 40,174
GRF 415-404 MR/DD Services $ 1,335,275 $ 1,367,321 40,178
GRF 415-405 Vocational 40,180
Rehabilitation/Human
Services $ 568,620 $ 582,267 40,182
GRF 415-431 Office for People 40,184
with Brain Injury $ 197,921 $ 202,697 40,186
GRF 415-506 Services for People 40,188
with Disabilities $ 11,235,077 $ 11,531,180 40,190
GRF 415-508 Services for the Deaf $ 48,365 $ 49,526 40,194
GRF 415-509 Services for the 40,196
Elderly $ 380,602 $ 389,736 40,198
GRF 415-520 Independent Living 40,200
Services $ 61,492 $ 62,967 40,202
TOTAL GRF General Revenue Fund $ 23,757,873 $ 24,047,068 40,205
General Services Fund Group 40,208
4W5 415-606 Administrative 40,211
Expenses $ 17,263,146 $ 17,721,525 40,213
857
467 415-609 Business Enterprise 40,215
Operating Expenses $ 1,676,209 $ 1,723,110 40,217
TOTAL GSF General Services 40,218
Fund Group $ 18,939,355 $ 19,444,635 40,221
Federal Special Revenue Fund Group 40,224
3L1 415-601 Social Security 40,227
Personal Care
Assistance $ 3,453,086 $ 3,701,386 40,229
3L1 415-605 Social Security 40,231
Community Centers for
the Deaf $ 1,100,488 $ 1,100,488 40,233
3L1 415-607 Social Security 40,235
Administration Cost $ 143,887 $ 139,760 40,237
3L1 415-608 Social Security 40,239
Special
Programs/Assistance $ 2,513,818 $ 2,513,818 40,241
3L1 415-610 Social Security 40,243
Vocational
Rehabilitation $ 1,452,000 $ 1,452,000 40,245
3L1 415-614 Social Security 40,247
Independent Living $ 294,454 $ 294,454 40,249
3L4 415-611 Federal-Independent 40,251
Living Council $ 192,645 $ 198,039 40,253
3L4 415-612 Federal-Independent 40,255
Living Centers or
Services $ 551,791 $ 567,241 40,257
3L4 415-615 Federal - Supported 40,259
Employment $ 1,441,674 $ 1,441,674 40,261
3L4 415-617 Independent 40,263
Living/Vocational
Rehabilitation
Programs $ 450,000 $ 450,000 40,265
3T6 415-621 Human Services 40,267
Personal Care
858
Assistance $ 240,000 $ 240,000 40,269
317 415-620 Disability 40,271
Determination $ 63,511,419 $ 64,008,286 40,273
379 415-616 Federal-Vocational 40,275
Rehabilitation $ 114,858,693 $ 115,069,636 40,277
TOTAL FED Federal Special 40,278
Revenue Fund Group $ 190,203,955 $ 191,176,782 40,281
State Special Revenue Fund Group 40,283
4L1 415-619 Services for 40,285
Rehabilitation $ 3,474,278 $ 3,450,658 40,287
468 415-618 Third Party Funding $ 5,125,634 $ 4,934,666 40,291
TOTAL SSR State Special 40,292
Revenue Fund Group $ 8,599,912 $ 8,385,324 40,295
TOTAL ALL BUDGET FUND GROUPS $ 241,501,095 $ 243,053,809 40,298
Stand Concessions Fund--Crediting of Income 40,301
In crediting interest and other income earned on moneys 40,303
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 40,304
of State and Director of Budget and Management shall ensure that 40,305
the requirements of section 3304.35 of the Revised Code are met. 40,306
Personal Care Assistance 40,308
The foregoing appropriation item 415-401, Personal Care 40,310
Assistance, shall be used in addition to the federal Social 40,311
Security reimbursement funds to provide personal care assistance 40,313
services. These funds shall not be used in lieu of the Social 40,314
Security reimbursement funds.
MR/DD Services 40,316
The foregoing appropriation item 415-404, MR/DD Services, 40,318
shall be used as state matching funds to provide vocational 40,319
rehabilitation services to mutually eligible clients between the 40,320
Rehabilitation Services Commission and the Department of Mental 40,322
Retardation and Developmental Disabilities. The Rehabilitation 40,323
Services Commission shall report to the Department of Mental 40,324
Retardation and Developmental Disabilities, as outlined in an 40,325
interagency agreement, on the number and status of mutually 40,326
859
eligible clients and the status of the funds and expenditures for 40,327
these clients.
Vocational Rehabilitation/Human Services 40,329
The foregoing appropriation item 415-405, Vocational 40,331
Rehabilitation/Human Services, shall be used as state matching 40,332
funds to provide vocational rehabilitation services to mutually 40,333
eligible clients between the Rehabilitation Services Commission 40,334
and the Department of Human Services. The Rehabilitation 40,335
Services Commission shall report to the Department of Human 40,336
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 40,337
funds and expenditures for these clients. 40,338
Office for People with Brain Injury 40,340
Of the foregoing appropriation item 415-431, Office for 40,342
People with Brain Injury, $100,000 in each fiscal year shall be 40,343
used for the state match for a federal grant awarded through the 40,345
"Traumatic Brain Injury Act," Pub. L. No. 104-166. The remaining 40,346
appropriation in this item shall be used to plan and coordinate 40,347
head-injury-related services provided by state agencies and other 40,348
government or private entities, to assess the needs for such 40,349
services, and to set priorities in this area. 40,350
Services for the Deaf 40,352
The foregoing appropriation item 415-508, Services for the 40,354
Deaf, shall be used to supplement the federal Social Security 40,355
reimbursement funds used to provide grants to community centers 40,356
for the deaf. These funds shall not be used in lieu of Social 40,357
Security reimbursement funds. 40,358
Services for the Elderly 40,360
The foregoing appropriation item 415-509, Services for the 40,362
Elderly, shall be used as matching funds for vocational 40,363
rehabilitation services for eligible elderly citizens with a 40,364
disability. 40,365
Social Security Reimbursement Funds 40,367
Reimbursement funds received from the Social Security 40,369
860
Administration, United States Department of Health and Human 40,370
Services, for the costs of providing services and training to 40,371
return disability recipients to gainful employment, shall be used 40,372
in the Social Security Reimbursement Fund (Fund 3L1), as follows: 40,374
(A) Appropriation item 415-601, Social Security Personal 40,376
Care Assistance, to provide personal care services in accordance 40,378
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community 40,380
Centers for the Deaf, to provide grants to community centers for 40,382
the deaf in Ohio for services to individuals with hearing 40,383
impairments;
(C) Appropriation item 415-607, Social Security 40,385
Administration Cost, to provide administrative services needed to 40,387
administer the Social Security reimbursement program; 40,388
(D) Appropriation item 415-610, Social Security Vocational 40,390
Rehabilitation, to provide vocational rehabilitation services to 40,391
individuals with severe disabilities to achieve a noncompetitive 40,392
employment goal such as homemaker;
(E) Appropriation item 415-608, Social Security Special 40,394
Programs/Assistance, to provide vocational rehabilitation 40,395
services to individuals with severe disabilities, who are Social 40,396
Security beneficiaries, to achieve competitive employment. This 40,397
item also includes funds to assist the Personal Care Assistance, 40,398
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 40,399
Circular A-87. 40,400
Administrative Expenses 40,402
The foregoing appropriation item 415-606, Administrative 40,404
Expenses, shall be used to support the administrative functions 40,405
of the commission related to the provision of vocational 40,406
rehabilitation, disability determination services, and ancillary 40,407
programs.
Independent Living Council 40,409
The foregoing appropriation items 415-402, Independent 40,411
861
Living Council, and 415-611, Federal-Independent Living Council, 40,412
shall be used to fund the operations of the State Independent 40,413
Living Council.
Mental Health Services 40,415
The foregoing appropriation item 415-403, Mental Health 40,417
Services, shall be used for the provision of vocational 40,418
rehabilitation services to mutually eligible consumers of the 40,419
Rehabilitation Services Commission and the Department of Mental 40,421
Health.
The Department of Mental Health shall receive a quarterly 40,423
report from the Rehabilitation Services Commission stating the 40,424
numbers served, numbers placed in employment, average hourly 40,426
wage, and average hours worked.
Independent Living Services 40,428
The foregoing appropriation items 415-520, Independent 40,430
Living Services, and 415-612, Federal-Independent Living Centers 40,431
or Services, shall be used to support state independent living 40,432
centers or independent living services pursuant to Title VII of 40,433
the "Independent Living Services and Centers for Independent 40,435
Living of the Rehabilitation Act Amendments of 1992," 106 Stat.
4344, 29 U.S.C.A. 796d. 40,436
Independent Living/Vocational Rehabilitation Programs 40,438
The foregoing appropriation item 415-617, Independent 40,440
Living/Vocational Rehabilitation Programs, shall be used to 40,441
support vocational rehabilitation programs, including, but not 40,442
limited to, Projects with Industry and Training Grants. 40,443
Human Services Personal Care Assistance 40,445
The foregoing appropriation item 415-621, Human Services 40,447
Personal Care Assistance, shall be used for two pilot projects, 40,448
one in Franklin County and one in Cuyahoga County, to place 25 40,449
TANF-eligible persons into jobs as personal care assistants. 40,450
Section 87. RCB RESPIRATORY CARE BOARD 40,452
General Services Fund Group 40,454
4K9 872-609 Operating Expenses $ 266,576 $ 271,144 40,459
862
TOTAL GSF General Services 40,460
Fund Group $ 266,576 $ 271,144 40,463
TOTAL ALL BUDGET FUND GROUPS $ 266,576 $ 271,144 40,466
Section 88. REVENUE DISTRIBUTION FUNDS 40,469
Volunteer Firemen's Dependents Fund 40,471
085 800-900 Volunteer Firemen's 40,474
Dependents Fund $ 200,000 $ 200,000 40,476
TOTAL 085 Volunteer Firemen's 40,477
Dependents Fund $ 200,000 $ 200,000 40,480
Agency Fund Group 40,481
062 110-900 Resort Area Excise 40,483
Tax $ 250,000 $ 250,000 40,485
063 110-900 Permissive Tax 40,487
Distribution $1,291,217,300 $1,342,814,000 40,489
067 110-900 School District 40,491
Income Tax Fund $ 145,000,000 $ 155,000,000 40,493
4P8 001-698 Cash Management 40,495
Improvement Fund $ 2,000,000 $ 2,000,000 40,497
608 001-699 Investment Earnings $ 345,000,000 $ 345,000,000 40,501
TOTAL AGY Agency Fund Group $1,783,467,300 $1,845,064,000 40,504
International Fuel Tax Distribution Fund 40,506
R45 110-617 International Fuel 40,509
Tax Distribution $ 44,100,000 $ 44,100,000 40,511
TOTAL R45 International Fuel Tax $ 44,100,000 $ 44,100,000 40,514
Distribution Fund
Revenue Distribution Fund Group 40,515
049 038-900 Indigent Drivers 40,517
Alcohol Treatment $ 1,900,000 $ 1,900,000 40,519
050 762-900 International 40,521
Registration Plan
Distribution $ 45,000,000 $ 47,250,000 40,523
051 762-901 Auto Registration 40,525
Distribution Fund $ 448,300,000 $ 448,300,000 40,527
863
060 110-900 Gasoline Excise Tax 40,529
Fund $ 110,977,700 $ 113,752,100 40,531
064 110-900 Local Government 40,533
Revenue Assistance $ 93,211,200 $ 97,797,000 40,535
065 110-900 Library/Local 40,537
Government Support
Fund $ 443,933,100 $ 472,336,200 40,539
066 800-900 Undivided Liquor 40,541
Permit Fund $ 13,300,000 $ 13,300,000 40,543
068 110-900 State/Local 40,545
Government Highway
Distribution Fund $ 222,487,300 $ 228,049,500 40,547
069 110-900 Local Government Fund $ 663,478,400 $ 695,579,000 40,551
082 110-900 Horse Racing Tax Fund $ 250,000 $ 250,000 40,555
083 700-900 Ohio Fairs Fund $ 3,000,000 $ 3,000,000 40,559
TOTAL RDF Revenue Distribution 40,560
Fund Group $2,045,837,700 $2,121,513,800 40,563
TOTAL ALL BUDGET FUND GROUPS $3,873,605,000 $4,010,877,800 40,566
Distribution of Horse Racing Tax Fund 40,569
Notwithstanding division (K) of section 3769.08 of the 40,571
Revised Code, for fiscal years 2000 and 2001, the Tax 40,572
Commissioner shall provide for payment to the treasurer of each 40,573
agricultural society the amount of taxes collected under this 40,574
section upon racing conducted at and during the course of any
exposition or fair conducted by such society. 40,575
Additional Appropriations 40,577
Appropriation line items in this section are to be used for 40,579
the purpose of administering and distributing the designated 40,580
revenue distributions fund according to the Revised Code. If it 40,581
is determined that additional appropriations are necessary, such 40,582
amounts are hereby appropriated. 40,583
Section 89. SAN BOARD OF SANITARIAN REGISTRATION 40,585
General Services Fund Group 40,587
4K9 893-609 Operating Expenses $ 102,534 $ 102,252 40,592
864
TOTAL GSF General Services 40,593
Fund Group $ 102,534 $ 102,252 40,596
TOTAL ALL BUDGET FUND GROUPS $ 102,534 $ 102,252 40,599
Section 90. SOS SECRETARY OF STATE 40,602
General Revenue Fund 40,604
GRF 050-321 Operating Expenses $ 7,594,550 $ 7,724,452 40,609
GRF 050-403 Election Statistics $ 133,000 $ 150,000 40,613
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 40,617
GRF 050-409 Litigation 40,619
Expenditures $ 26,750 $ 26,750 40,621
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,191,202 40,624
General Services Fund Group 40,626
4B9 050-608 Campaign Finance Disk 40,629
Sales $ 1,000 $ 1,000 40,631
4S8 050-610 Board of Voting 40,633
Machine Examiners $ 7,200 $ 7,200 40,635
413 050-601 Information Systems $ 181,900 $ 150,000 40,639
414 050-602 Citizen Education 40,641
Fund $ 30,000 $ 30,000 40,643
TOTAL General Services Fund Group $ 220,100 $ 188,200 40,646
State Special Revenue Fund Group 40,648
599 050-603 Business Services 40,651
Operating Expenses $ 5,200,000 $ 5,200,000 40,653
TOTAL SSR State Special Revenue 40,654
Fund Group $ 5,200,000 $ 5,200,000 40,657
Holding Account Redistribution Fund Group 40,659
R01 050-605 Uniform Commercial 40,662
Code Refunds $ 65,000 $ 65,000 40,664
R02 050-606 Corporate/Business 40,666
Filing Refunds $ 185,000 $ 185,000 40,668
TOTAL 090 Holding Account 40,669
Redistribution Fund Group $ 250,000 $ 250,000 40,672
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 13,829,402 40,675
Board of Voting Machine Examiners 40,678
865
The foregoing appropriation item 050-610, Board of Voting 40,680
Machine Examiners, shall be used to pay for the services and 40,681
expenses of the members of the Board of Voting Machine Examiners, 40,682
and for other expenses which are authorized to be paid from the 40,683
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 40,684
returned to the person or entity submitting the equipment for 40,685
examination. If it is determined that additional appropriations 40,686
are necessary, such amounts are hereby appropriated. 40,687
Holding Account Redistribution Group 40,689
The foregoing appropriation items 050-605 and 050-606, 40,691
Holding Account Redistribution Fund Group, shall be used to hold 40,692
revenues until they are directed to the appropriate accounts or 40,693
until they are refunded. If it is determined that additional 40,694
appropriations are necessary, such amounts are hereby 40,695
appropriated.
Section 91. SEN THE OHIO SENATE 40,697
General Revenue Fund 40,699
GRF 020-321 Operating Expenses $ 11,289,045 $ 11,289,045 40,704
TOTAL GRF General Revenue Fund $ 11,289,045 $ 11,289,045 40,707
General Services Fund Group 40,709
102 020-602 Senate Reimbursement $ 402,744 $ 402,744 40,714
409 020-601 Miscellaneous Sales $ 30,980 $ 30,980 40,718
TOTAL GSF General Services 40,719
Fund Group $ 433,724 $ 433,724 40,722
TOTAL ALL BUDGET FUND GROUPS $ 11,722,769 $ 11,722,769 40,725
Section 92. CSF COMMISSIONERS OF THE SINKING FUND 40,728
General Revenue Fund 40,730
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 40,735
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 40,738
Debt Service Fund Group 40,740
071 155-900 Highway Obligations 40,743
Bond Retirement Fund $ 53,642,000 $ 51,636,000 40,745
866
072 155-900 Highway Capital 40,747
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 40,749
073 155-900 Natural Resources 40,751
Bond Retirement $ 12,865,000 $ 15,700,000 40,753
076 155-900 Coal Research and 40,755
Development Bond
Retirement Fund $ 5,690,000 $ 7,760,000 40,757
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 40,760
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 40,763
Additional Appropriations 40,765
Appropriation items in this section are for the purpose of 40,767
paying the principal and interest on bonds or other instruments 40,768
of indebtedness of this state issued pursuant to the Ohio 40,769
Constitution and acts of the General Assembly. If it is 40,770
determined that additional appropriations are necessary, such 40,771
amounts are hereby appropriated. 40,772
Section 93. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 40,774
& AUDIOLOGY 40,775
General Services Fund Group 40,777
4K9 886-609 Operating Expenses $ 328,710 $ 325,685 40,781
TOTAL GSF General Services 40,782
Fund Group $ 328,710 $ 325,685 40,785
TOTAL ALL BUDGET FUND GROUPS $ 328,710 $ 325,685 40,788
Section 94. SLG STATE AND LOCAL GOVERNMENT 40,791
COMMISSION OF OHIO 40,792
General Revenue Fund 40,794
GRF 046-321 Operating Expenses $ 258,143 $ 264,713 40,799
TOTAL GRF General Revenue Fund $ 258,143 $ 264,713 40,802
TOTAL ALL BUDGET FUND GROUPS $ 258,143 $ 264,713 40,805
Section 95. BTA BOARD OF TAX APPEALS 40,808
General Revenue Fund 40,810
GRF 116-100 Personal Services $ 2,345,663 $ 2,259,296 40,815
GRF 116-200 Maintenance $ 130,350 $ 137,084 40,819
867
GRF 116-300 Equipment $ 6,965 $ 35,275 40,823
TOTAL GRF General Revenue Fund $ 2,482,978 $ 2,431,655 40,826
General Services Fund Group 40,829
439 116-602 Reproduction of 40,832
Decisions $ 10,000 $ 10,300 40,834
TOTAL GSF General Services 40,835
Fund Group $ 10,000 $ 10,300 40,838
TOTAL ALL BUDGET FUND GROUPS $ 2,492,978 $ 2,441,955 40,841
Section 96. TAX DEPARTMENT OF TAXATION 40,844
General Revenue Fund 40,846
GRF 110-100 Personal Services $ 73,181,779 $ 71,709,270 40,851
GRF 110-200 Maintenance $ 12,891,094 $ 13,200,480 40,855
GRF 110-300 Equipment $ 4,636,933 $ 4,748,219 40,859
GRF 110-410 Energy Credit 40,861
Administration $ 697,653 $ 694,814 40,863
GRF 110-412 Child Support 40,865
Administration $ 58,872 $ 60,285 40,867
GRF 110-506 Utility Bill Credits $ 7,500,000 $ 7,500,000 40,871
GRF 110-901 Property Tax 40,873
Allocation-Taxation $ 342,000,000 $ 362,140,000 40,875
GRF 110-906 Tangible Tax 40,877
Exemption - Taxation $ 28,000,000 $ 29,000,000 40,880
TOTAL GRF General Revenue Fund $ 468,966,331 $ 489,053,068 40,883
Agency Fund Group 40,885
425 110-635 Tax Refunds $1,041,325,000 $1,024,575,000 40,890
TOTAL AGY Agency Fund Group $1,041,325,000 $1,024,575,000 40,893
General Services Fund Group 40,896
433 110-602 Tape File Account $ 85,172 $ 87,557 40,901
TOTAL GSF General Services 40,902
Fund Group $ 85,172 $ 87,557 40,905
State Special Revenue Fund Group 40,908
4C6 110-616 International 40,911
Registration Plan $ 588,652 $ 622,127 40,913
868
4R6 110-610 Tire Tax 40,915
Administration $ 146,661 $ 150,768 40,917
435 110-607 Local Tax 40,919
Administration $ 10,846,962 $ 11,108,705 40,921
436 110-608 Motor Vehicle Audit $ 1,525,384 $ 1,569,645 40,925
437 110-606 Litter Tax and 40,927
Natural Resource Tax
Administration $ 1,340,059 $ 1,374,701 40,929
438 110-609 School District 40,931
Income Tax $ 2,657,080 $ 2,711,122 40,933
639 110-614 Cigarette Tax 40,935
Enforcement $ 147,891 $ 151,711 40,937
642 110-613 Ohio Political Party 40,939
Distributions $ 800,000 $ 800,000 40,941
688 110-615 Local Excise Tax 40,943
Administration $ 335,218 $ 343,721 40,945
TOTAL SSR State Special Revenue 40,946
Fund Group $ 18,387,907 $ 18,832,500 40,949
Federal Special Revenue Fund Group 40,952
3J6 110-601 Motor Fuel Compliance $ 78,817 $ 50,000 40,957
3J7 110-603 International Fuel 40,959
Tax Agreement $ 92,471 $ 80,000 40,961
TOTAL FED Federal Special Revenue 40,962
Fund Group $ 171,288 $ 130,000 40,965
Holding Account Redistribution Fund Group 40,968
R10 110-611 Tax Distributions $ 200,000 $ 200,000 40,973
R11 110-612 Miscellaneous Income 40,975
Tax Receipts $ 500,000 $ 500,000 40,977
TOTAL 090 Holding Account 40,978
Redistribution Fund Group $ 700,000 $ 700,000 40,981
TOTAL ALL BUDGET FUND GROUPS $1,529,635,698 $1,533,378,125 40,984
Litter Control Tax Administration Fund 40,987
Notwithstanding section 5733.12 of the Revised Code, during 40,989
the period from July 1, 1999, to June 30, 2000, the amount of 40,990
869
$1,340,059, and during the period from July 1, 2000, to June 30, 40,991
2001, the amount of $1,374,701, received by the Treasurer of 40,992
State under Chapter 5733. of the Revised Code, shall be credited 40,993
to the Litter Control Tax Administration Fund (Fund 437). The
Director of Budget and Management shall provide the Treasurer of 40,994
State with a monthly schedule in accordance with which the 40,995
amounts shall be credited.
International Registration Plan Audit 40,997
The foregoing appropriation item 110-616, International 40,999
Registration Plan, shall be used pursuant to section 5703.12 of 41,000
the Revised Code for audits of persons with vehicles registered 41,002
under the International Registration Plan. 41,003
Homestead Exemption, Property Tax Rollback, and Tangible 41,005
Tax Exemption 41,006
The appropriation item 110-901, Property Tax Allocation - 41,008
Taxation, made to the Department of Taxation, is appropriated to 41,009
pay for the state's costs incurred due to the Homestead Exemption 41,010
and the Property Tax Rollback. The Tax Commissioner shall 41,011
distribute these funds directly to the appropriate local taxing 41,012
districts of the state, except for school districts,
notwithstanding the provisions in sections 321.24 and 323.156 of 41,013
the Revised Code, which provide for payment of the Homestead 41,014
Exemption and Property Tax Rollback by the Tax Commissioner to 41,015
the appropriate county treasurer and the subsequent 41,016
redistribution of these funds to the appropriate local taxing
districts by the county auditor. 41,017
The appropriation item 110-906, Tangible Tax Exemption - 41,019
Taxation, made to the Department of Taxation, is appropriated to 41,020
pay for the state's costs incurred due to the tangible personal 41,021
property tax exemption required by division (C)(3) of section 41,022
5709.01 of the Revised Code. The Tax Commissioner shall
distribute to each county treasurer the total amount certified by 41,023
the county treasurer pursuant to section 319.311 of the Revised 41,024
Code for all local taxing districts located in the county except 41,025
870
for school districts, notwithstanding the provision in section 41,026
319.311 of the Revised Code which provides for payment of the 41,027
$10,000 tangible personal property tax exemption by the Tax
Commissioner to the appropriate county treasurer for all local 41,028
taxing districts located in the county including school 41,029
districts. Pursuant to division (G) of section 321.24 of the 41,030
Revised Code, the county auditor shall distribute the amount paid 41,031
by the Tax Commissioner among the appropriate local taxing 41,032
districts except for school districts.
Upon receipt of these amounts, each local taxing district 41,034
shall distribute the amount among the proper funds as if it had 41,035
been paid as real or tangible personal property taxes. Payments 41,036
for the costs of administration shall continue to be paid to the 41,037
county treasurer and county auditor as provided for in sections 41,038
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 41,040
appropriated in appropriation items 110-901, Property Tax 41,041
Allocation - Taxation, for the Homestead Exemption and the 41,042
Property Tax Rollback payments, and 110-906, Tangible Tax 41,043
Exemption, for the $10,000 tangible personal property tax
exemption payments, which are determined to be necessary for 41,044
these purposes, are hereby appropriated. 41,045
Section 97. DOT DEPARTMENT OF TRANSPORTATION 41,047
Transportation Modes 41,048
General Revenue Fund 41,050
GRF 775-451 Public Transportation 41,053
- State $ 27,970,941 $ 28,589,210 41,055
GRF 775-453 Waterfront Line Lease 41,057
Payments - State $ 1,781,000 $ 1,786,000 41,059
GRF 775-456 Public 41,061
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 41,064
GRF 775-458 Elderly and Disabled 41,066
Fare Assistance $ 3,285,159 $ 3,364,000 41,068
871
GRF 776-465 Ohio Rail Development 41,070
Commission $ 5,805,000 $ 5,780,800 41,072
GRF 777-471 Airport Improvements 41,074
- State $ 2,665,000 $ 2,679,525 41,076
GRF 777-473 Rickenbacker Lease 41,078
Payments - State $ 995,000 $ 997,000 41,080
TOTAL GRF General Revenue Fund $ 45,878,000 $ 46,653,457 41,083
Federal Special Revenue Fund Group 41,086
3B9 776-662 Rail Transportation - 41,089
Federal $ 1,000,000 $ 1,000,000 41,091
TOTAL FSR Federal Special Revenue 41,092
Fund Group $ 1,000,000 $ 1,000,000 41,095
State Special Revenue Fund Group 41,098
4N4 776-663 Panhandle Lease 41,101
Payments $ 769,000 $ 770,000 41,103
4N4 776-664 Rail Transportation - 41,105
Other $ 500,000 $ 500,000 41,107
TOTAL SSR State Special Revenue 41,108
Fund Group $ 1,269,000 $ 1,270,000 41,111
TOTAL ALL BUDGET FUND GROUPS $ 48,147,000 $ 48,923,457 41,114
Geauga County Airport Authority 41,117
Of the foregoing appropriation item 777-471, Airport 41,119
Improvements - State, $30,000 in fiscal year 2000 shall be used 41,120
to support the Geauga County Airport Authority. 41,121
Aviation Lease Payments 41,123
The foregoing appropriation item 777-473, Rickenbacker 41,125
Lease Payments - State, shall be used to meet scheduled payments 41,126
for the Rickenbacker Port Authority. The Director of 41,127
Transportation shall certify to the Director of Budget and 41,128
Management any appropriations in appropriation item 777-473, 41,129
Rickenbacker Lease Payments - State, that are not needed to make 41,130
lease payments for the Rickenbacker Port Authority. 41,131
Notwithstanding section 127.14 of the Revised Code, the amount 41,132
certified may be transferred by the Director of Budget and 41,133
872
Management to appropriation item 777-471, Airport Improvements - 41,134
State.
Transfer of Appropriations - Public Transportation 41,136
The Director of Budget and Management may approve requests 41,138
from the Department of Transportation for the transfer of 41,139
appropriations among appropriation item 775-451, Public 41,140
Transportation - State, appropriation item 775-456, Public
Transportation/Discretionary Capital, and appropriation item 41,141
775-458, Elderly and Disabled Fare Assistance. Transfers among 41,142
appropriation items shall be made upon the written request of the 41,144
Director of Transportation with the approval of the Director of 41,146
Budget and Management. Such transfers shall be reported to the 41,147
Controlling Board at the next regularly scheduled meeting of the 41,148
board.
Section 98. TOS TREASURER OF STATE 41,150
General Revenue Fund 41,152
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 41,157
GRF 090-401 Commissioners of the 41,159
Sinking Fund $ 370,530 $ 381,400 41,161
GRF 090-402 Continuing Education $ 413,278 $ 442,207 41,165
GRF 090-510 PERS Cost of Living $ 136 $ 100 41,169
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 41,173
GRF 090-512 SERS Cost of Living $ 600 $ 600 41,177
GRF 090-520 PERS Pension Benefits $ 77,470 $ 25,850 41,181
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 41,185
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 41,189
GRF 090-523 Highway Patrol 41,191
Retirement System $ 4,156 $ 4,050 41,193
GRF 090-524 Police and Fire 41,195
Disability Pension $ 50,000 $ 45,000 41,197
GRF 090-530 PERS Ad Hoc Cost of 41,199
Living $ 616,410 $ 472,897 41,201
GRF 090-531 STRS Ad Hoc Cost of 41,203
Living $ 1,600,000 $ 1,500,000 41,205
873
GRF 090-532 SERS Ad Hoc Cost of 41,207
Living $ 236,000 $ 213,000 41,209
GRF 090-533 Hwy Patrol Ad Hoc 41,211
Cost of Living $ 24,990 $ 24,800 41,213
GRF 090-534 Police & Fire Ad Hoc 41,215
Cost of Living $ 325,000 $ 300,000 41,217
GRF 090-544 Police and Fire State 41,219
Contribution $ 1,200,000 $ 1,200,000 41,221
GRF 090-554 Police and Fire 41,223
Survivor Benefits $ 1,740,000 $ 1,670,000 41,225
GRF 090-575 Police and Fire Death 41,227
Benefits $ 19,500,000 $ 20,800,000 41,229
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 41,233
TOTAL GRF General Revenue Fund $ 156,836,656 $ 167,120,937 41,236
General Services Fund Group 41,239
182 090-608 Financial Planning 41,242
Commissions $ 12,000 $ 12,000 41,244
4E9 090-603 Securities Lending 41,246
Income Fund $ 5,185,804 $ 6,169,140 41,248
4NO 090-611 Treasury Education 41,250
Fund $ 27,500 $ 27,500 41,252
577 090-605 Investment Pool 41,254
Reimbursement $ 1,000,000 $ 750,000 41,256
605 090-609 Treasurer of State 41,258
Administrative Fund $ 850,000 $ 600,000 41,260
TOTAL GSF General Services 41,261
Fund Group $ 7,075,304 $ 7,558,640 41,264
Debt Service Fund Group 41,267
077 090-900 Capital Improvements 41,270
Bond Service $ 122,500,000 $ 132,365,000 41,272
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 41,275
State Special Revenue Fund Group 41,277
5C5 090-602 County Treasurer 41,280
Education $ 110,000 $ 110,000 41,282
874
TOTAL SSR State Special Revenue 41,283
Fund Group $ 110,000 $ 110,000 41,286
TOTAL ALL BUDGET FUND GROUPS $ 286,521,960 $ 307,154,577 41,289
Section 98.01. Commissioners of the Sinking Fund 41,292
The foregoing appropriation item 090-401, Commissioners of 41,294
the Sinking Fund, shall be used for all costs incurred by order 41,295
of, or on behalf of, the Commissioners of the Sinking Fund, with 41,296
respect to the issuance and sale of bonds or other obligations, 41,297
including, but not limited to, engraving, printing, advertising, 41,298
and other related outlays. The General Revenue Fund shall be 41,299
reimbursed for such costs on intrastate transfer voucher drawn by 41,301
the Commissioners of the Sinking Fund, pursuant to a
certification by the Treasurer of State of the actual amounts 41,303
used. The amounts necessary to make such reimbursements are 41,304
hereby appropriated from the bond retirement funds created by the 41,305
laws and Constitution of this state to the extent such costs are 41,306
incurred.
Capital Improvements Bond Service 41,308
The foregoing appropriation item 090-900, Capital 41,310
Improvements Bond Service, shall be used for the purpose of 41,311
paying the principal and interest on General Obligation 41,312
Infrastructure Improvement Bonds issued pursuant to the Ohio 41,313
Constitution and acts of the General Assembly. If it is 41,314
determined that additional appropriations are necessary, such 41,315
amounts are hereby appropriated. 41,316
Section 98.02. Police and Firemen's Death Benefit Fund 41,319
The foregoing appropriation item 090-575, Police and Fire 41,321
Death Benefits, shall be disbursed by the Treasurer of State in 41,322
quarterly payments at the beginning of each quarter to the Board 41,323
of Trustees of the Police and Firemen's Disability and Pension 41,324
Fund. By June 20 of each year, the Board of Trustees of the 41,325
Police and Firemen's Disability and Pension Fund shall certify to 41,326
the Treasurer of State the amount disbursed in each quarter of 41,327
the current fiscal year to make the payments required by section 41,328
875
742.63 of the Revised Code and shall return to the Treasurer of 41,329
State moneys received from this item but not disbursed. 41,330
Section 99. UST PETROLEUM UNDERGROUND STORAGE TANK 41,332
RELEASE COMPENSATION BOARD 41,333
State Special Revenue Fund Group 41,335
691 810-632 PUSTRCB Staff $ 908,000 $ 927,924 41,340
TOTAL SSR State Special Revenue 41,341
Fund Group $ 908,000 $ 927,924 41,344
TOTAL ALL BUDGET FUND GROUPS $ 908,000 $ 927,924 41,347
Section 100. OVH OHIO VETERANS' HOME 41,350
General Revenue Fund 41,352
GRF 430-100 Personal Services $ 13,756,623 $ 13,678,901 41,357
GRF 430-200 Maintenance $ 5,077,497 $ 5,259,631 41,361
TOTAL GRF General Revenue Fund $ 18,834,120 $ 18,938,532 41,364
Federal Special Revenue Fund Group 41,367
3L2 430-601 Federal Grants $ 7,949,495 $ 7,949,495 41,372
TOTAL FED Federal Special Revenue 41,373
Fund Group $ 7,949,495 $ 7,949,495 41,376
State Special Revenue Fund Group 41,379
4E2 430-602 Veterans Home 41,382
Operating $ 4,400,000 $ 4,300,000 41,384
484 430-603 Rental and Service 41,386
Revenue $ 102,300 $ 104,755 41,388
604 430-604 Veterans Home 41,390
Improvement $ 593,175 $ 607,411 41,392
TOTAL SSR State Special Revenue 41,393
Fund Group $ 5,095,475 $ 5,012,166 41,396
TOTAL ALL BUDGET FUND GROUPS $ 31,879,090 $ 31,900,193 41,399
Section 101. VET VETERANS' ORGANIZATIONS 41,402
General Revenue Fund 41,404
VAP AMERICAN EX-PRISONERS OF WAR 41,405
GRF 743-501 State Support $ 24,444 $ 25,030 41,410
VAN ARMY AND NAVY UNION, USA, INC. 41,412
GRF 746-501 State Support $ 53,723 $ 55,012 41,417
876
VKW KOREAN WAR VETERANS 41,419
GRF 747-501 State Support $ 48,294 $ 49,453 41,424
VJW JEWISH WAR VETERANS 41,426
GRF 748-501 State Support $ 29,018 $ 29,715 41,431
VCW CATHOLIC WAR VETERANS 41,433
GRF 749-501 State Support $ 56,631 $ 57,990 41,438
VPH MILITARY ORDER OF THE PURPLE HEART 41,440
GRF 750-501 State Support $ 55,056 $ 56,377 41,445
VVV VIETNAM VETERANS OF AMERICA 41,447
GRF 751-501 State Support $ 177,947 $ 185,954 41,452
VAL AMERICAN LEGION OF OHIO 41,454
GRF 752-501 State Support $ 241,462 $ 252,328 41,459
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 41,461
GRF 753-501 State Support $ 708,535 $ 217,919 41,466
VAV DISABLED AMERICAN VETERANS 41,468
GRF 754-501 State Support $ 159,146 $ 166,308 41,473
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 41,475
GRF 755-501 State Support $ 4,127 $ 4,226 41,480
VMC MARINE CORPS LEAGUE 41,482
GRF 756-501 State Support $ 82,270 $ 85,972 41,487
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 41,489
GRF 757-501 State Support $ 5,807 $ 5,946 41,494
VFW VETERANS OF FOREIGN WARS 41,496
GRF 758-501 State Support $ 163,846 $ 196,615 41,501
VWI VETERANS OF WORLD WAR I 41,503
GRF 759-501 State Support $ 24,444 $ 25,030 41,508
TOTAL GRF General Revenue Fund $ 1,834,750 $ 1,413,875 41,511
TOTAL ALL BUDGET FUND GROUPS $ 1,834,750 $ 1,413,875 41,514
Release of Funds 41,517
The foregoing appropriation items 743-501, 746-501, 41,519
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 41,520
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 41,521
Support, shall be released upon approval by the Director of 41,522
Budget and Management.
877
American Ex-Prisoners of War 41,524
The American Ex-Prisoners of War shall be permitted to 41,526
share an office with the Veterans of World War I. 41,527
Central Ohio United Services Organization 41,529
Of the foregoing appropriation item 751-501, State Support, 41,531
Vietnam Veterans of America, $50,000 in each fiscal year shall be 41,533
used to support the activities of the Central Ohio USO. 41,534
National World War II Memorial Fund 41,536
Of the foregoing appropriation item 753-501, State Support, 41,538
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 41,539
2000 shall be used for the contribution to the National World War 41,540
II Memorial Fund.
Section 102. DVM STATE VETERINARY MEDICAL BOARD 41,542
General Services Fund Group 41,544
4K9 888-609 Operating Expenses $ 476,815 $ 470,773 41,549
TOTAL GSF General Services 41,550
Fund Group $ 476,815 $ 470,773 41,553
TOTAL ALL BUDGET FUND GROUPS $ 476,815 $ 470,773 41,556
Section 103. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 41,559
General Revenue Fund 41,561
GRF 920-321 Operating Expenses $ 256,395 $ 256,836 41,566
TOTAL GRF General Revenue Fund $ 256,395 $ 256,836 41,569
State Special Revenue Fund Group 41,572
4V9 920-602 Women's Policy and 41,575
Research Commission
Fund $ 5,000 $ 5,000 41,577
TOTAL SSR State Special Revenue 41,578
Fund Group $ 5,000 $ 5,000 41,581
TOTAL ALL BUDGET FUND GROUPS $ 261,395 $ 261,836 41,584
Women's Policy and Research Commission Spending Review 41,587
The Women's Policy and Research Commission shall explore, 41,589
with The Ohio State University or any other state university, 41,590
better options for utilizing state resources provided to the 41,591
commission. The commission shall make spending efficiency 41,592
878
recommendations to the Governor and the General Assembly by June
30, 2000. 41,593
Section 104. DYS DEPARTMENT OF YOUTH SERVICES 41,595
General Revenue Fund 41,597
GRF 470-401 RECLAIM Ohio $ 148,076,420 $ 156,067,444 41,602
GRF 470-402 Community Program 41,604
Services $ 2,337,163 $ 2,393,255 41,606
GRF 470-404 Vocational 41,608
Rehabilitation $ 262,144 $ 268,435 41,610
GRF 470-412 Lease Rental Payments $ 13,675,000 $ 16,300,000 41,614
GRF 470-502 Detention Subsidies $ 7,920,601 $ 8,110,695 41,618
GRF 470-510 Youth Services $ 21,245,799 $ 21,755,698 41,622
GRF 472-321 Parole Operations $ 16,529,366 $ 16,920,719 41,626
GRF 474-321 Facilities Activation $ 3,000,000 $ 0 41,630
GRF 477-321 Administrative 41,632
Operations $ 13,574,689 $ 13,892,543 41,634
GRF 477-406 Interagency 41,636
Collaborations $ 250,000 $ 250,000 41,638
TOTAL GRF General Revenue Fund $ 226,871,182 $ 235,958,789 41,641
General Services Fund Group 41,644
175 470-613 Education 41,647
Reimbursement $ 8,234,088 $ 8,433,953 41,649
4A2 470-602 Child Support $ 207,192 $ 302,659 41,653
4G6 470-605 General Operational 41,655
Funds $ 10,000 $ 10,000 41,657
479 470-609 Employee Food Service $ 142,613 $ 140,263 41,661
523 470-621 Wellness Program $ 63,800 $ 63,800 41,665
TOTAL GSF General Services 41,666
Fund Group $ 8,657,693 $ 8,950,675 41,669
Federal Special Revenue Fund Group 41,672
321 470-601 Education $ 1,267,834 $ 1,653,736 41,677
321 470-603 Juvenile Justice 41,679
Prevention $ 1,134,083 $ 1,129,410 41,681
321 470-606 Nutrition $ 2,719,093 $ 2,795,228 41,685
879
321 470-610 Rehabilitation 41,686
Programs $ 179,326 $ 179,326 41,688
321 470-614 Title IV-E 41,690
Reimbursements $ 5,628,234 $ 5,417,088 41,692
321 470-617 Americorps Programs $ 248,617 $ 248,617 41,695
TOTAL FED Federal Special Revenue 41,696
Fund Group $ 11,177,187 $ 11,423,405 41,699
State Special Revenue Fund Group 41,702
147 470-612 Vocational Education $ 1,864,791 $ 1,911,569 41,707
TOTAL SSR State Special Revenue 41,708
Fund Group $ 1,864,791 $ 1,911,569 41,711
TOTAL ALL BUDGET FUND GROUPS $ 248,570,853 $ 258,244,438 41,714
Ohio Building Authority Lease Payments 41,717
The foregoing appropriation item 470-412, Lease Rental 41,719
Payments, in the Department of Youth Services, shall be used for 41,720
payments, limited to the aggregate amount of $29,975,000, to the 41,721
Ohio Building Authority for the period from July 1, 1999, to June 41,722
30, 2001, pursuant to the primary leases and agreements for 41,723
facilities made under Chapter 152. of the Revised Code which are 41,724
the source of funds pledged for bond service charges on related 41,725
obligations issued pursuant to Chapter 152. of the Revised Code. 41,726
RECLAIM Ohio 41,728
In determining the amount of moneys necessary to fund the 41,730
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal 41,731
years 2000 and 2001, the Department of Youth Services shall 41,732
compute the number of state target youth for each fiscal year. 41,733
As defined in section 5139.01 of the Revised Code, "state target 41,735
youth" means twenty-five per cent of the projected total number 41,736
of felony-level delinquency adjudications in the juvenile courts 41,737
for each year of a biennium, factoring in revocations and 41,738
recommitments. The foregoing appropriation item 470-401, RECLAIM 41,739
Ohio, shall provide for an amount not less than $98 per day for 41,740
each state target youth or not less than $20,000 per year for 41,741
each state target youth for each year of the biennium. 41,742
880
Notwithstanding division (B)(2)(a)(i) of section 5139.43 of 41,744
the Revised Code, the determination of which county a reduction 41,745
of the monthly care and custody allocation will be charged 41,746
against for a particular youth shall be made as outlined below 41,747
for all youths who do not qualify as public safety beds. The 41,748
determination of which county a reduction of the monthly care and 41,749
custody allocation will be charged against shall be made as
follows until each youth is released: 41,750
(A) In the event of a commitment, the reduction shall be 41,752
charged against the committing county. 41,753
(B) In the event of a recommitment, the reduction shall be 41,755
charged against the original committing county until the 41,756
expiration of the minimum period of institutionalization under 41,757
the original order of commitment or until the date on which the 41,758
youth is admitted to the Department of Youth Services pursuant to
the order of recommitment, whichever is later. Reductions of the 41,759
monthly allocation shall be charged against the county which 41,760
recommitted the youth after the minimum expiration date of the 41,761
original commitment.
(C) In the event of a revocation of a release on parole, 41,763
the reduction shall be charged against the original committing 41,764
county.
Vocational Rehabilitation 41,766
The Department of Youth Services and the Rehabilitation 41,768
Services Commission shall enter into an interagency agreement for 41,769
the provision of vocational rehabilitation services and staff to 41,770
mutually eligible clients. The foregoing appropriation item 41,771
470-404, Vocational Rehabilitation, shall be used to provide 41,772
vocational rehabilitation services and staff in accordance with 41,773
the interagency agreement. The Department of Youth Services may 41,774
transfer additional moneys to appropriation item 470-404, 41,775
Vocational Rehabilitation, with Controlling Board approval. 41,776
Employee Food Service and Equipment 41,778
Notwithstanding section 125.14 of the Revised Code, the 41,780
881
foregoing appropriation item 470-609, Employee Food Service, may 41,781
be used to purchase any food operational items with funds 41,782
received into the fund from reimbursement for state surplus 41,783
property.
Education Reimbursement 41,785
The foregoing appropriation item 470-613, Education 41,787
Reimbursement, shall be used to fund the operating expenses of 41,788
providing educational services to youth supervised by the 41,789
Department of Youth Services. Operating expenses include, but 41,790
are not limited to, teachers' salaries, maintenance costs, and 41,791
educational equipment. This appropriation item shall not be used 41,792
for capital expenses. 41,793
Financial Assistance 41,795
Pursuant to section 5139.28 of the Revised Code, grants 41,797
awarded for financial assistance for the operation and 41,798
maintenance of schools or other facilities shall be in an amount 41,799
not to exceed one-half of the cost of operating and maintaining 41,800
such schools or facilities, but may not exceed in any one month 41,802
$540 multiplied by the average daily enrollment in each fiscal 41,803
year.
Pursuant to section 5139.281 of the Revised Code, funding 41,805
provided to a county for the operation and maintenance of each 41,806
home shall be in an amount of fifty per cent of the approved 41,807
annual operating cost, but shall not be in excess of $156,928 in 41,808
each fiscal year. 41,809
Section 105. Investment Earnings on Tobacco Master 41,811
Settlement Agreement Fund 41,812
All investment earnings on moneys deposited in the Tobacco 41,814
Master Settlement Agreement Fund (Fund 087), which was created by 41,815
the Controlling Board on March 15, 1999, shall be credited to the 41,816
Tobacco Master Settlement Agreement Fund (Fund 087). On July 1, 41,817
1999, or as soon thereafter as possible, the Director of Budget 41,818
and Management shall transfer the investment earnings on Fund 087 41,819
for fiscal year 1999, which were credited to the General Revenue
882
Fund, from the General Revenue Fund to Fund 087. 41,820
Section 106. OPLIN Technology Fund 41,822
The Director of Budget and Management shall transfer any 41,824
amount remaining in the OPLIN Technology Fund at the end of 41,825
fiscal year 1999 to the General Revenue Fund. 41,826
Section 107. Human Services Stabilization Fund 41,828
Low and Moderate Income Housing Trust Fund 41,830
Any investment earnings accrued during fiscal years 2000 41,832
and 2001 in the Human Services Stabilization Fund shall be 41,834
transferred by the Director of Budget and Management to Fund 646, 41,835
Low and Moderate Income Housing Trust Fund. In each fiscal year, 41,837
there shall be four transfers by the Director of Budget and
Management of the interest from the Human Services Stabilization 41,838
Fund investment earnings to the Low and Moderate Income Housing 41,839
Trust Fund. The first such transfer in each fiscal year shall be 41,840
in October, after the first quarter of investment earnings has 41,842
been credited to the Human Services Stabilization Fund. The 41,843
second transfer in each fiscal year shall be in January, after 41,844
the second quarter of investment earnings has been credited to 41,845
the Human Services Stabilization Fund. The third transfer in 41,846
each fiscal year shall be in April, after the third quarter of 41,847
investment earnings has been credited to the Human Services 41,848
Stabilization Fund. The fourth transfer in each fiscal year 41,849
shall be in June, after the fourth quarter of investment earnings 41,851
has been credited to the Human Services Stabilization Fund. 41,852
Section 108. Local OBES/ODHS Integration Initiatives 41,854
In anticipation of the merger of the Ohio Department of 41,856
Human Services (ODHS) and the Ohio Bureau of Employment Services 41,857
(OBES) into the Ohio Department of Job and Family Services, and 41,858
as part of the implementation of the federal Work Force 41,859
Investment Act (WIA), local integration initiatives may be
established jointly by OBES and ODHS in fiscal year 2000 or 2001. 41,860
In one or more of the initiatives, a local work force development 41,861
board may be created and appointed by local elected officials to 41,862
883
replace the current existing service delivery areas (SDAs) - 41,863
private industry council (PIC), the job service employer
committee, and the county human services planning committee, and 41,864
to serve as the federally required work force investment board if 41,866
the area qualifies. In serving in that capacity for the
aforementioned boards, the work force development board shall 41,867
provide direct oversight of the funding and operations of 41,868
programs such as the Ohio Works First Program, Job Training 41,869
Partnership Act (JTPA)/(WIA) Programs, and other State of Ohio
employment and training/work force development activities carried 41,870
out by the Ohio Bureau of Employment Services and the local 41,871
county department of human services. A work force development 41,872
board that replaces a county human services planning committee 41,873
shall perform the committee's duties under sections 307.98, 41,874
329.02, and 329.06 of the Revised Code. The initiatives may be 41,875
expanded to include surrounding counties with the approval of 41,876
local elected officials and the Directors of the Ohio Department 41,877
of Human Services and the Ohio Bureau of Employment Services. In
addition to these oversight functions, the work force development 41,878
board through the State of Ohio and local partners shall provide 41,879
planning and coordination related to all vocational, educational, 41,880
and employment and training programs requiring coordination under 41,881
the WIA within the county. The local board of county 41,883
commissioners or other local elected officials shall perform the 41,884
administrative functions for the local initiatives and provide
monthly information to the Directors of ODHS and OBES concerning 41,885
the operational issues, services, finances, and performance 41,886
measures that must be correctly addressed for successful 41,887
implementation of the Work Force Investment Act.
Section 109. Adult Emergency Assistance Program 41,889
Appropriations in appropriation item 400-512, Non-TANF 41,891
Emergency Assistance, in fiscal year 2000 and appropriations in 41,893
appropriation item 600-512, Non-TANF Emergency Assistance, in 41,894
fiscal year 2001 shall be used for the Adult Emergency Assistance 41,895
884
Program established under section 5101.86 of the Revised Code. 41,896
Section 110. Expenditure of Funds 41,898
Any moneys which the Controlling Board authorizes for 41,900
expenditure pursuant to section 131.35 of the Revised Code are 41,901
hereby appropriated for the period ending June 30, 2001. 41,902
Section 111. Unexpected Refunds 41,904
Any refunds which the Controlling Board authorizes pursuant 41,906
to section 131.39 of the Revised Code are hereby appropriated for 41,907
the period ending June 30, 2001. 41,908
Section 112. Personal Service Expenses 41,910
Unless otherwise prohibited by law, each appropriation in 41,912
this act from which personal service expenses are paid shall bear 41,913
the employer's share of public employees' retirement, workers' 41,914
compensation, disabled workers' relief, and all group insurance 41,915
programs; the costs of centralized accounting, centralized 41,916
payroll processing, and related personnel reports and services; 41,917
the cost of the Office of Collective Bargaining; the cost of the 41,918
Personnel Board of Review; the cost of the Employee Assistance 41,919
Program; the cost of the Equal Opportunity Center; the costs of 41,920
interagency information management infrastructure; and the cost 41,921
of administering the state employee merit system as required by 41,922
section 124.07 of the Revised Code. Such costs shall be 41,923
determined in conformity with appropriate sections of law and 41,924
paid in accordance with procedures specified by the Office of 41,925
Budget and Management. Expenditures from appropriation item 41,926
070-601, Public Audit Expense - Local Government, in Fund 422 may 41,927
be exempt from the requirements of this section. 41,928
Section 113. Reissuance of Voided Warrants 41,930
In order to provide funds for the reissuance of voided 41,932
warrants pursuant to section 117.47 of the Revised Code, there is 41,933
hereby appropriated, out of moneys in the state treasury from the 41,934
fund credited as provided in section 117.47 of the Revised Code, 41,935
that amount sufficient to pay such warrants when approved by the 41,936
Office of Budget and Management. 41,937
885
Section 114.* Capital Project Settlements 41,939
This section specifies an additional and supplemental 41,941
procedure to provide for payments of judgments and settlements if 41,942
the Director of Budget and Management determines, pursuant to 41,943
division (C)(4) of section 2743.19 of the Revised Code, that 41,944
sufficient unencumbered moneys do not exist in the particular 41,945
appropriation to pay the amount of a final judgment rendered 41,946
against the state or a state agency, including the settlement of 41,947
a claim approved by a court, in an action upon and arising out of 41,948
a contractual obligation for the construction or improvement of a 41,949
capital facility if the costs under such contract were payable in 41,950
whole or in part from a state capital projects appropriation. In 41,951
such a case, the director may either proceed pursuant to division 41,952
(C)(4) of section 2743.19 of the Revised Code, or apply to the 41,953
Controlling Board to increase an appropriation or create an 41,955
appropriation out of any unencumbered moneys in the state 41,956
treasury to the credit of the capital projects fund from which 41,957
the initial state appropriation was made. The Controlling Board 41,958
may approve or disapprove the application as submitted or 41,959
modified. The amount of an increase in appropriation or new 41,960
appropriation specified in an application approved by the 41,961
Controlling Board is hereby appropriated from the applicable 41,962
capital projects fund and made available for the payment of the 41,963
judgment or settlement.
If the director does not make the application authorized by 41,965
this section or the Controlling Board disapproves the 41,966
application, and the director does not make application pursuant 41,967
to division (C)(4) of section 2743.19 of the Revised Code, the 41,968
director shall for the purpose of making that payment request to 41,969
the General Assembly as provided for in division (C)(5) of that 41,970
section.
Section 115. Income Tax Distribution to Counties 41,972
There are hereby appropriated out of any moneys in the 41,974
state treasury to the credit of the General Revenue Fund, which 41,975
886
are not otherwise appropriated, funds sufficient to make any 41,976
payment required by division (B)(2) of section 5747.03 of the 41,977
Revised Code. 41,978
Section 116. Satisfaction of Judgments and Settlements 41,980
Against the State 41,981
An appropriation contained in this act may be used for the 41,983
purpose of satisfying judgments or settlements in connection with 41,984
civil actions against the state in federal court not barred by 41,985
sovereign immunity or the Eleventh Amendment to the Constitution 41,986
of the United States, or for the purpose of satisfying judgments, 41,987
settlements, or administrative awards ordered or approved by the 41,988
Court of Claims in connection with civil actions against the 41,989
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 41,990
appropriations to be applied to or used for payment of guarantees 41,991
by or on behalf of the state, for or relating to lease payments 41,992
or debt service on bonds, notes, or similar obligations and those 41,993
from the Sports Facilities Building Fund (Fund 024), the Highway 41,994
Safety Building Fund (Fund 025), the Administrative Building Fund 41,995
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 41,996
Juvenile Correctional Building Fund (Fund 028), the 41,997
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 41,998
(Fund 031), the School Building Program Assistance Fund (Fund 41,999
032), the Mental Health Facilities Improvement Fund (Fund 033), 42,000
the Higher Education Improvement Fund (Fund 034), the Parks and 42,001
Recreation Improvement Fund (Fund 035), the State Capital 42,002
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 42,004
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 42,005
state to suit in any forum in which it is not otherwise subject 42,006
to suit, nor is it intended to waive or compromise any defense or 42,007
right available to the state in any suit against it. 42,008
887
Section 117.* Utility Radiological Safety Board 42,010
Assessments
The maximum amounts that may be assessed against nuclear 42,012
electric utilities in accordance with division (B)(2) of section 42,013
4937.05 of the Revised Code are as follows: 42,014
FY 2000 FY 2001 42,016
Department of Agriculture 42,018
Fund 4E4 Utility Radiological 42,020
Safety $100,211 $99,733
Department of Health 42,023
Fund 610 Radiation Emergency 42,025
Response $920,982 $921,584 42,026
Environmental Protection Agency 42,029
Fund 644 ER Radiological Safety $183,380 $184,893 42,031
Emergency Management Agency 42,034
Fund 657 Utility Radiological 42,036
Safety $822,079 $806,339 42,037
Section 118. Occupational and Licensing Board Fund 42,040
Transfers
Notwithstanding any other provision of law to the contrary, 42,042
the Director of Budget and Management shall transfer any 42,043
remaining amounts of cash from the specified obsolete funds to 42,044
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 42,045
thirty days of the effective date of this section: State Board 42,046
of Cosmetology, Fund 4D3 Cosmetology Adjudication Fund. 42,047
Section 119. Lease Payments to OPFC, OBA, and Treasurer of 42,049
State
Certain appropriations are in this act for the purpose of 42,051
lease payments to the Ohio Public Facilities Commission, to the 42,053
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 42,056
by the Ohio Public Facilities Commission, the Ohio Building 42,057
Authority, or the Treasurer of State pursuant to the Ohio 42,060
Constitution and acts of the General Assembly. If it is
888
determined that additional appropriations are necessary for this 42,061
purpose, such amounts are hereby appropriated. 42,062
Section 120. State and Local Rebate Authorization 42,064
There is hereby appropriated, from those funds designated 42,066
by or pursuant to the applicable proceedings authorizing the 42,067
issuance of state obligations, amounts computed at the time to 42,068
represent the portion of investment income to be rebated or 42,069
amounts in lieu of or in addition to any rebate amount to be paid 42,070
to the federal government in order to maintain the exclusion from 42,071
gross income for federal income tax purposes of interest on those 42,072
state obligations pursuant to Section 148(f) of the Internal 42,073
Revenue Code. 42,074
Appropriations shall be posted and disbursed for these 42,076
purposes upon request and presentation of a voucher to the 42,077
Director of Budget and Management. 42,078
Section 121. Transfers of Cash and Outstanding Encumbrance 42,080
Balances
Any appropriation authority required by the Director of 42,082
Budget and Management to reestablish encumbrances in a fund or 42,083
appropriation item within an agency or between agencies pursuant 42,084
to section 126.15 of the Revised Code is hereby authorized and 42,085
appropriated.
Section 122. Federal Cash Management Improvement Act 42,087
Pursuant to the plan for compliance with the Federal Cash 42,089
Management Improvement Act required by section 131.36 of the 42,090
Revised Code, the Director of Budget and Management is authorized 42,091
to cancel and reestablish all or parts of encumbrances in like 42,092
amounts within the funds identified by the plan. Such amounts 42,093
necessary to reestablish all or parts of encumbrances are hereby 42,094
appropriated. 42,095
Section 123. Statewide Indirect Cost Recovery 42,097
Whenever the Director of Budget and Management determines 42,099
that an appropriation made to a state agency from a fund of the 42,100
state is insufficient to provide for the recovery of statewide 42,101
889
indirect costs pursuant to section 126.12 of the Revised Code, 42,102
the amount required for such purpose is hereby appropriated from 42,103
the available receipts of such fund. 42,104
Section 124. Transfers of FY 1999 GRF Ending Balances 42,106
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 42,108
of section 131.44 of the Revised Code, fiscal year 1999 surplus 42,109
revenue shall be distributed as provided in division (B) of this 42,110
section.
(B)(1) The first $90,000,000 of such surplus revenue shall 42,112
be transferred from the General Revenue Fund to Fund 4Y4, the 42,113
SchoolNet Plus Fund, in the SchoolNet Commission. 42,114
(2) The next $325,700,000 of such surplus revenue shall be 42,116
transferred to Fund 021, the Public School Building Fund, and 42,117
such amount is hereby appropriated to item CAP-622, Public School 42,118
Buildings, in the School Facilities Commission. Such 42,119
appropriation shall become available on the ninety-first day
after this act is filed with the Secretary of State. The School 42,120
Facilities Commission may set aside up to ten per cent of such 42,122
appropriation for the pilot program for low wealth school 42,123
districts with exceptional needs for immediate classroom facility 42,124
assistance that is described in division (B) of Section 26 of Am.
Sub. H.B. 850 of the 122nd General Assembly. 42,126
(3) Any surplus revenue in excess of the amounts 42,128
distributed under divisions (B)(1) and (2) of this section shall 42,129
be transferred to the Income Tax Reduction Fund in accordance 42,130
with section 131.44 of the Revised Code.
Section 125. GRF Transfers on Behalf of the Statewide 42,132
Indirect Cost Allocation Plan 42,133
The total transfers made from the General Revenue Fund by 42,135
the Director of Budget and Management pursuant to this section 42,137
shall not exceed the amounts transferred into the General Revenue 42,139
Fund pursuant to division (B) of section 126.12 of the Revised 42,141
Code.
A director of an agency may certify to the Director of 42,143
890
Budget and Management the amount of expenses not allowed to be 42,144
included in the Statewide Indirect Cost Allocation plan pursuant 42,145
to federal regulations, from any fund included in the Statewide 42,146
Indirect Cost Allocation plan, prepared as required by section 42,147
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 42,150
available to pay for such expenses, the Director of Budget and 42,151
Management may transfer from the General Revenue Fund into the 42,152
fund for which the certification is made, up to the amount of the 42,153
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 42,154
pursuant to section 126.02 of the Revised Code, a request for 42,155
funding for such activities from an alternative source such that 42,156
further federal disallowances would not be required. 42,157
The Director of Administrative Services may certify to the 42,159
Director of Budget and Management the amount of building rent 42,160
expense or building debt service expense paid by state agencies 42,161
from funds other than the General Revenue Fund to the General 42,162
Revenue Fund which is not an allowed cost for reimbursement under 42,163
federal grant programs. The Director of Budget and Management
may refund the amount of the disallowed cost from the General 42,164
Revenue Fund to either the fund from which the payment was 42,165
originally made or the federal grantor agency, as appropriate. 42,166
If additional appropriations are required to make such refunds, 42,167
the amounts are hereby appropriated.
Section 126. Reappropriation of Unexpended Balances for 42,169
Certain Operating Expenses Encumbered Prior to Close of Fiscal 42,170
Year
An unexpended balance of an appropriation or 42,172
reappropriation that a state agency has lawfully encumbered prior 42,173
to the close of a fiscal year is hereby reappropriated from the 42,174
fund from which it was originally appropriated or reappropriated 42,175
for the following period and shall remain available only for the 42,176
purpose of discharging the encumbrance:
891
(A) For an encumbrance for an operating expense, for a 42,178
period of not more than five months from the end of the fiscal 42,179
year. For the purposes of this section, an "operating expense" 42,180
is an encumbrance incurred for personal services, maintenance, 42,181
equipment, or items for resale, other than an encumbrance for an 42,182
item of special order manufacture not available on term contract 42,183
or in the open market or for reclamation of land or oil and gas
wells. 42,184
(B) For an encumbrance for an item of special order 42,186
manufacture not available on term contract or in the open market, 42,187
for a period of not more than five months from the end of the 42,188
respective fiscal year or, with the written approval of the 42,189
Director of Budget and Management, for a period of not more than 42,190
twelve months from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and 42,192
gas wells, for a period ending whenever the encumbrance is 42,193
expended;
(D) For an encumbrance for any other expense, other than a 42,195
capital expense and other than an encumbrance set out in division 42,196
(A), (B), or (C) of this section, for such period as the director 42,197
approves.
Any items for which unexpended balances are reappropriated 42,199
beyond a five-month period from the end of the fiscal year shall 42,200
be reported to the Controlling Board by the Director of Budget 42,201
and Management by the thirty-first day of December of each year. 42,202
The report on each such item shall include the item, the cost of 42,203
the item, the vendor involved, and the reappropriation period
approved by the director. Such report to the board shall be 42,204
updated on a quarterly basis for encumbrances remaining open. 42,205
Upon the expiration of the reappropriation period set out 42,207
in division (A), (B), (C), or (D) of this section, a 42,209
reappropriation made pursuant to this section shall lapse, and 42,210
the Director of Budget and Management shall cancel such
encumbrance no later than the end of the weekend following the 42,211
892
expiration of the reappropriation period. 42,212
If the Controlling Board has approved a contract upon which 42,214
an encumbrance that is the subject of this section is based, that 42,215
approval remains valid as long as the encumbrance remains open 42,216
pursuant to this section and the agency need not return to the 42,217
board for a new approval.
Section 127. Federal Government Interest Requirements 42,219
Notwithstanding any provision of law to the contrary, on or 42,221
before the first day of September of each fiscal year, the 42,222
Director of Budget and Management, in order to reduce the payment 42,223
of adjustments to the federal government, as determined by the 42,224
plan prepared pursuant to division (A) of section 126.12 of the 42,225
Revised Code, may designate such funds as the director considers 42,226
necessary to retain their own interest earnings.
Section 128. Moratorium for New MR/DD Residential Facility 42,228
Beds
(A) During the period beginning July 1, 1999, and ending 42,230
June 30, 2001, the Department of Mental Retardation and 42,231
Developmental Disabilities shall not issue development approval 42,232
for, nor license under section 5123.19 of the Revised Code, new 42,233
residential facility beds for persons with mental retardation or 42,234
developmental disabilities, except that the department may 42,235
approve the development or licensure, or both, of such new beds 42,236
in an emergency. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code specifying what constitutes 42,237
an emergency for the purposes of this section. 42,238
(B) For the purposes of division (A) of this section, the 42,240
following shall not be considered new beds: 42,241
(1) Beds relocated from one facility to another, if the 42,243
facility from which the beds are relocated reduces the number of 42,244
its beds by the same number of beds that are relocated to the 42,245
other facility;
(2) Beds to replace others that the Director of Health 42,247
determines no longer comply with the standards of the Medical 42,248
893
Assistance Program established under Chapter 5111. of the Revised 42,249
Code and Title XIX of the "Social Security Act," 49 Stat. 620 42,251
(1935), 42 U.S.C.A. 301, as amended.
Section 129. The requirements for a financial planning and 42,253
supervision commission as provided for in section 118.05 of the 42,254
Revised Code, as amended by this act, shall apply to any 42,255
commission established on or after the effective date of this 42,256
act. Commissions established before that date shall be
constituted as required by section 118.05 of the Revised Code as 42,257
it existed when those commissions were established. 42,258
The Auditor of State shall serve as financial supervisor to 42,260
any commission established on and after the effective date of 42,261
this act and as financial supervisor to any commission 42,262
established before that date upon the termination of any existing 42,263
contract with a firm of certified public accountants approved by 42,264
the Controlling Board as authorized by division (G) of section
118.05 of the Revised Code before its amendment by this act. 42,265
Section 130. Not later than July 1, 2001, the Auditor of 42,267
State shall conduct and complete a performance audit of the 42,268
Medicaid Program operated by the state Department of Human 42,269
Services. The Auditor of State may charge the department for the 42,270
cost of the audit as provided in division (A) of section 117.13 42,271
of the Revised Code.
Section 131. The jurisdiction, including all control and 42,273
supervision, over the state-owned building located at 25 South 42,274
Front Street, Columbus, Ohio, is hereby transferred from the Ohio 42,275
Department of Transportation to the Department of Administrative 42,276
Services.
Section 132. Sunset of Hospital Care Assurance Program 42,278
That Section 153 of Am. Sub. H.B. 117 of the 121st General 42,280
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General 42,281
Assembly, be amended to read as follows: 42,282
"Sec. 153. (A) Section 5112.20 of the Revised Code is 42,284
hereby repealed, effective July 1, 1997. Sections 5112.01, 42,285
894
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 42,287
5112.10, 5112.11, 5112.18, 5112.19, 5112.21, and 5112.99 of the 42,288
Revised Code, as enacted by Am. Sub. H.B 117 of the 121st General 42,290
Assembly, are hereby repealed, effective July 1, 1999 2001. 42,291
(B) Any money remaining in the Legislative Budget Services 42,293
Fund on July 1, 1999 2001, the date that section 5112.19 of the 42,294
Revised Code is repealed by division (A) of this section, shall 42,296
be used solely for the purposes stated in THEN FORMER section 42,297
5112.19 of the Revised Code. When all money in the Legislative 42,300
Budget Services Fund has been spent after THEN FORMER section 42,301
5112.19 of the Revised Code is repealed under division (A) of 42,303
this section, the fund shall cease to exist." 42,304
Section 133. That existing Section 153 of Am. Sub. H.B. 42,306
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 42,308
215 of the 122nd General Assembly, is hereby repealed. 42,309
Section 134. That Section 3 of Am. Sub. H.B. 440 of the 42,311
121st General Assembly, as amended by Am. Sub. H.B. 621 of the 42,312
122nd General Assembly, be amended to read as follows: 42,313
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 42,315
122.27 of the Revised Code are hereby repealed, effective June 42,316
30, 1999 2001." 42,317
Section 135. That existing Section 3 of Am. Sub. H.B. 440 42,319
of the 121st General Assembly, as amended by Am. Sub. H.B. 621 of 42,320
the 122nd General Assembly, is hereby repealed. 42,321
Section 136. That Section 3 of Am. Sub. H.B. 215 of the 42,323
122nd General Assembly be amended to read as follows: 42,324
"Sec. 3. Section 1751.68 of the Revised Code is hereby 42,326
repealed, effective July 1, 1999 2001." 42,327
Section 137. That existing Section 3 of Am. Sub. H.B. 215 42,329
of the 122nd General Assembly is hereby repealed. 42,330
Section 138. That Section 3 of Am. Sub. H.B. 621 of the 42,332
122nd General Assembly be amended to read as follows: 42,333
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, 42,335
and 901.83 of the Revised Code are hereby repealed, effective 42,336
895
June 30, 1999 JULY 1, 2001." 42,337
Section 139. That existing Section 3 of Am. Sub. H.B. 621 42,339
of the 122nd General Assembly is hereby repealed. 42,340
Section 140.* That Sections 3.01, 3.03, 21, and 30.25 of 42,342
Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 42,343
read as follows:
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 42,346
CAP-785 Rural Areas Historical Projects $ 440,000 42,349
CAP-786 Rural Areas Community Improvements $ 5,315,000 42,351
CAP-817 Urban Areas Community Improvements $ 12,508,150 42,353
CAP-818 Community Theatre Renovations $ 400,000 42,355
Total Department of Administrative Services $ 18,663,150 42,357
Rural Areas Historical Projects 42,360
Of the foregoing appropriation item CAP-785, Rural Areas 42,362
Historical Projects, $100,000 shall be used for Hancock County 42,363
Historical Society Facility Improvements; $40,000 shall be used 42,364
for Harveysburg Community Historic Society; $50,000 shall be used 42,366
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 42,367
Historic Site Improvements; and $50,000 shall be used for Elmore 42,368
Historical Society. 42,369
Rural Areas Community Improvements 42,371
Of the foregoing appropriation item CAP-786, Rural Areas 42,373
Community Improvements, $100,000 shall be used for Hocking Valley 42,375
Railroad Improvements; $50,000 shall be used for Belmont County 42,376
Park District - Convention Center; $70,000 shall be used for 42,377
Aberdeen Huntington Community Center; $100,000 shall be used for 42,378
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 42,379
for Clinton County Senior Center; $150,000 shall be used for 42,380
Coshocton Infrastructure Improvements; $200,000 shall be used for 42,381
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 42,382
for Warsaw Community Improvements; $100,000 shall be used for 42,383
Washington Court House Downtown Redevelopment; $80,000 shall be 42,384
used for Gallia County Industrial Park Improvements; $150,000 42,385
896
shall be used for Desmond Hall Industrial Park; $100,000 shall be 42,386
used for Kenton Armory Improvements; $162,000 shall be used for 42,387
Sinking Springs Infrastructure Improvements; $20,000 shall be 42,388
used for Laurelville Community Improvements; $16,000 shall be 42,389
used for Gibisonville Community Recreation Center Improvements; 42,390
$150,000 shall be used for Holmes County Historic Building 42,391
Improvements; $500,000 shall be used for Davis-Shai House 42,392
Historical Site; $100,000 shall be used for Maritime Museum in 42,393
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 42,394
Restoration; $90,000 shall be used for Big Island Nature Center 42,395
Improvements; $300,000 shall be used for Medina County Arts 42,396
Center Improvements; $142,000 shall be used for Graysville 42,397
Community Center; $49,000 shall be used for Roseville Community 42,398
Center Improvements; $100,000 shall be used for South Zanesville 42,399
Community Improvements; $20,000 shall be used for Corning 42,400
Community Center; $50,000 shall be used for Waverly Community 42,401
Improvements; $20,000 shall be used for Garrettsville Veterans 42,402
Memorial; $6,000 shall be used for Palmyra Township Veterans 42,403
Memorial; $100,000 shall be used for Deerfield Township Hall 42,404
Civic Improvements; $35,000 shall be used for Preble County 42,405
Coliseum Planning; $300,000 shall be used for Richland Academy of 42,407
Arts and Sciences Discovery Center; $50,000 shall be used for 42,408
Village of Pleasant Plain Community Improvements; $48,000 shall 42,409
be used for Village of South Lebanon Infrastructure Improvements; 42,411
$41,000 shall be used for Rehabilitate Senior Housing - 42,412
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 42,413
Belpre; $100,000 shall be used for New Matamoras Senior Center; 42,414
$25,000 shall be used for West Salem Town Hall Improvements; 42,415
$40,000 shall be used for Pemberville Opera House Restoration; 42,416
$40,000 shall be used for Grand Rapids Village Hall Restoration; 42,417
$500,000 shall be used for Liberty Commons Infrastructure Project 42,418
- Lima; $50,000 shall be used for Village of Morrow 42,419
Infrastructure Improvements; $100,000 shall be used for Fairfield 42,420
City Cultural Center; $63,000 shall be used for Sunbury Town 42,421
897
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 42,422
used for Ft. Steuben Land Office; $100,000 shall be used for 42,423
Columbiana County Port Authority; $25,000 shall be used for Noble 42,424
County Senior Center; $25,000 shall be used for Crawford County 42,425
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 42,426
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; and $300,000 shall be 42,427
used for Zahn's Corner Industrial Park. 42,429
Urban Areas Community Improvements 42,431
Of the foregoing appropriation item CAP-817, Urban Areas 42,433
Community Improvements, $200,000 shall be used for Clermont 42,434
County Communications Center; $50,000 shall be used for The Civic 42,436
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 42,437
Planning; $25,000 shall be used for Friendly Center Renovations; 42,438
$5,000 shall be used for Toledo Golden Gloves - Equipment; 42,439
$50,000 shall be used for Sylvania Historical Society Building 42,440
Improvements; $50,000 shall be used for Toledo International 42,441
Youth Hostel Renovations; $100,000 shall be used for Fellows 42,442
Gardens - Mill Creek Park Improvements; $100,000 shall be used 42,443
for Weathervane Playhouse Addition; $100,000 shall be used for 42,444
Akron/Summit Community Action Agency Facility Improvements; 42,445
$136,000 shall be used for Akron Community Health Resources Inc. 42,446
Facility Improvements; $75,000 shall be used for Farmington 42,447
Senior Center Improvements; $85,000 shall be used for President 42,448
McKinley Home Site improvements; $187,150 shall be used for 42,449
Shaker Historical Museum; $400,000 shall be used for Solon 42,450
Community Arts Center; $25,000 shall be used for Orange Senior 42,451
Center; $75,000 shall be used for Cincinnati Jewish Community 42,453
Center; $1,000,000 shall be used for Lincoln Heights Health 42,454
Center Improvements; $500,000 shall be used for Cook's Castle 42,455
Renovation; $40,000 shall be used for Toledo Jewish Community 42,456
Center; $100,000 shall be used for Youngstown Jewish Community 42,457
898
Center; $1,500,000 shall be used for Youngstown Parking Facility; 42,458
$150,000 shall be used for Canton Jewish Community Center; 42,459
$2,000,000 shall be used for Wilderness Center Facility 42,460
Improvements; $100,000 shall be used for Project AHEAD Facility 42,461
Improvements; $50,000 shall be used for Sagamore Hills Historical 42,462
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 42,463
Gardens; $250,000 shall be used for NEC World Series of Golf 42,464
Media Facility; $50,000 shall be used for Richfield Historic 42,465
District Improvements; $100,000 shall be used for Ohio Erie 42,466
Heritage Corridor Improvements; $150,000 shall be used for Hale 42,467
Farm Improvements; $1,750,000 shall be used for Wood County 42,468
Historic Building Renovation; $500,000 shall be used for 42,469
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall FIRE STATION; $50,000 shall be used for 42,470
City of University Heights Community Senior Center; $75,000 shall 42,472
be used for the J. Frank-Troy Senior Citizens Center; $50,000 42,473
shall be used for the Cleveland Health Museum; $50,000 shall be 42,474
used for the City of Euclid Land Purchase; $25,000 shall be used
for the Mahoning River Corridor of Opportunity Industrial Park; 42,475
$25,000 shall be used for University Heights Senior Citizen 42,476
Center Public Library; $50,000 shall be used for Columbus Fire 42,477
Museum; $50,000 shall be used for League Park Tourist Museum; 42,478
$100,000 shall be used for Mustill Store Exhibits in Cascade 42,479
Valley Park; and $30,000 shall be used for Warren Airport Runway 42,480
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 42,482
Community Improvements, $300,000 shall be used for Columbus 42,483
Family and Child Guidance Centers; $360,000 shall be used for 42,484
Central Community House; $180,000 shall be used for St. John 42,485
Center; and $60,000 shall be used for Wesley Community
Development Corporation. 42,486
Community Theatre Renovations 42,487
Of the foregoing appropriation item CAP-818, Community 42,489
Theatre Renovations, $100,000 shall be used for Cleveland Public 42,490
899
Theatre Improvements - Gordon Square; $125,000 shall be used for 42,491
Ariel Theatre Renovation; $125,000 shall be used for Markay 42,492
Theatre Renovations; and $50,000 shall be used for Lorain Palace 42,493
Theatre Improvements. 42,494
Sec. 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 42,497
CAP-047 Cincinnati Classical Music Hall of 42,500
Fame $ 300,000 42,501
CAP-050 Columbus Art Museum Facility Planning $ 250,000 42,503
CAP-053 Powers Auditorium Improvements $ 250,000 42,505
CAP-054 Dayton Performing Arts Center - 42,506
Planning and Phase I $ 250,000 42,507
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 42,509
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 42,511
CAP-062 Akron Art Museum - Planning $ 100,000 42,513
CAP-063 ROBINS THEATRE PROJECT $ 50,000 42,516
CAP-799 CAPITOL CITY EXHIBIT FEASIBILITY $ 50,000 42,519
Total Arts And Sports Facilities Commission $1,825,000 42,521
1,925,000 42,523
Sec. 21. All items set forth in this section are hereby 42,527
appropriated out of any moneys in the state treasury to the 42,528
credit of the Arts Facilities Building Fund (Fund 030). Revenues 42,530
to the Arts Facilities Building Fund shall consist of proceeds of 42,531
obligations authorized to pay costs of the following capital 42,532
improvements:
Appropriations 42,533
AFC ARTS FACILITIES COMMISSION 42,534
CAP-001 National Aviation Hall of Fame $ 1,100,000 42,537
CAP-004 Valentine Theatre $ 3,500,000 42,539
CAP-005 Center for Science and Industry - 42,540
Columbus $ 5,500,000 42,541
CAP-010 Sandusky State Theatre Improvements $ 500,000 42,543
CAP-013 Stambaugh Hall Improvements $ 625,000 42,545
CAP-033 Woodward Opera House Renovation $ 250,000 42,547
CAP-037 Canton Palace Theatre Renovations $ 800,000 42,549
900
CAP-044 National Underground Railroad Freedom 42,550
Center $ 500,000 42,551
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 42,553
CAP-046 Cincinnati Museum Center Improvements $ 525,000 42,555
CAP-048 John and Annie Glenn Museum $ 600,000 42,557
CAP-049 Ohio Theatre Improvements $ 3,000,000 42,559
CAP-051 Akron Civic Theatre Improvements $ 600,000 42,561
CAP-052 Akron Art Museum $ 1,000,000 42,563
CAP-055 WACO Museum and Aviation Learning 42,564
Center $ 500,000 42,565
CAP-056 Ohio Center of Agriculture and 42,566
Industrial Technology Heritage Center $ 3,500,000 42,568
CAP-058 Cedar Bog Nature Preserve Education 42,569
Center $ 1,000,000 42,570
CAP-061 Statewide Arts Facilities Planning $ 500,000 42,572
CAP-063 Robins Theatre Project $ 50,000 42,574
CAP-702 Campus Martius Museum Renovations $ 140,000 42,576
CAP-734 Hayes Presidential Center - Museum and 42,577
Home Improvements $ 1,000,000 42,578
CAP-735 Paul Lawrence Dunbar House $ 100,000 42,580
CAP-741 Adena State Memorial Renovations $ 350,000 42,582
CAP-742 Ft. Meigs Museum and Exhibit 42,583
Improvements $ 2,960,000 42,584
CAP-744 Zoar Village Visitor Center and 42,585
Building Renovations $ 875,000 42,586
CAP-753 Buffington Island State Memorial 42,587
Improvements $ 100,000 42,588
CAP-757 Schoenbrunn Village Restoration and 42,589
Renovations $ 211,000 42,590
CAP-758 Ft. Laurens Building and Site 42,591
Improvements $ 100,000 42,592
CAP-770 Serpent Mound State Memorial 42,593
Improvements $ 295,000 42,594
901
CAP-780 Harding Home State Memorial 42,595
Restorations $ 390,000 42,596
CAP-781 Historical Center - Archives and 42,597
Library Automation $ 450,000 42,598
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 42,600
CAP-788 Tallmadge Church Building Restoration $ 250,000 42,602
CAP-789 Neil Armstrong Air and Space Museum 42,603
Improvements $ 315,000 42,604
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 42,606
CAP-795 Local and Wide-area Networks $ 300,000 42,608
CAP-796 Moundbuilders State Memorial 42,609
Improvements $ 530,000 42,610
CAP-797 National Afro-American Museum 42,611
Improvements $ 300,000 42,612
CAP-798 Multi-Site Fire and Security System 42,613
Improvements $ 100,000 42,614
CAP-799 Capitol City Exhibit Feasibility $ 50,000 42,616
CAP-800 Indian Mill State Memorial 42,617
Improvements $ 112,000 42,618
Total Arts Facilities Commission $37,294,000 42,620
34,194,000 42,622
Total Arts Facilities Building Fund $37,294,000 42,624
34,194,000 42,626
Center for Science and Industry-Columbus 42,629
Of the foregoing appropriation item CAP-005, Center for 42,631
Science and Industry-Columbus, $5,000,000 shall be used for the 42,632
John Glenn Theatre and $500,000 shall be used for AgScience 42,633
Experience Exhibits.
COSI-Columbus -- Local Administration of Capital Project 42,635
Contracts 42,636
Notwithstanding division (A) of section 3383.07 of the 42,638
Revised Code, the Ohio Arts and Sports Facilities Commission, 42,639
with respect to the foregoing appropriation item CAP-005, Center 42,640
for Science and Industry-Columbus, is authorized to administer 42,642
902
all or part of capital facilities project contracts involving 42,643
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 42,644
and Industry-Columbus, and the Ohio Arts and Sports Facilities 42,646
Commission in review of the project plans. The Ohio Arts and 42,647
Sports Facilities Commission shall enter into a contract with the 42,648
Center of Science and Industry-Columbus to administer the exhibit 42,649
fabrication and installation contracts, which contracts are not
subject to Chapter 123. or 153. of the Revised Code. 42,650
Schoenbrunn Village Restoration and Renovations 42,652
Of the foregoing appropriation item CAP-757, Schoenbrunn 42,654
Village Restoration and Renovations, up to $30,000 shall be used 42,656
for safety improvements related to the New Philadelphia airport. 42,657
Ft. Laurens Building and Site Improvements 42,659
Of the foregoing appropriation item CAP-758, Ft. Laurens 42,661
Building and Site Improvements, $100,000 shall be used for the 42,662
full reconstruction of the site as formulated by the Friends of 42,663
Ft. Laurens Foundation.
Sec. 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 42,665
CAP-006 Basic Renovations $ 874,033 42,668
CAP-040 Building "D" Planning $ 1,500,000 42,670
CAP-041 Columbus College of Art and Design $ 100,000 42,672
CAP-049 OHIO THEATRE IMPROVEMENTS $ 3,000,000 42,676
Total Columbus State Community College $ 2,474,033 42,678
5,474,033"
Section 141.* That existing Sections 3.01, 3.03, 21, and 42,681
30.25 of Am. Sub. H.B. 850 of the 122nd General Assembly are 42,682
hereby repealed.
Section 142.* (A) Section 50.48 of Am. Sub. H.B. 215 of 42,684
the 122nd General Assembly is hereby repealed. 42,685
(B) The repeal of Section 50.48 of Am. Sub. H.B. 215 of 42,687
the 122nd General Assembly is in confirmation of an identical 42,688
repeal of the section by Am. Sub. H.B. 770 of the 122nd General 42,689
Assembly. Am. Sub. H.B. 770 properly repealed the section in its 42,690
903
body, but failed to indicate the repeal in its title.
Section 143.* That Section 25 of Am. Sub. H.B. 650 of the 42,692
122nd General Assembly is hereby repealed. 42,693
Section 144.* Section 17.03 of Am. Sub. H.B. 850 of the 42,695
122nd General Assembly is hereby repealed. 42,696
Section 145. Section 1501.25 of the Revised Code is hereby 42,698
repealed, effective December 31, 2002. 42,699
Section 146.* (A) That section 101.64 of the Revised Code 42,701
is hereby repealed.
(B) The repeal by this act of section 101.64 of the 42,703
Revised Code is intended to confirm that such was the result 42,704
intended by the General Assembly in enacting Am. Sub. H.B. 649 of 42,705
the 122nd General Assembly. This section was made obsolete by 42,706
reforms Am. Sub. H.B. 649 made in the legislative printing laws. 42,707
The title of that act correctly indicated the repeal of section
101.64 of the Revised Code, but the outright repeal clause 42,708
erroneously indicated the repeal of section "102.64" of the 42,709
Revised Code. No section of the Revised Code bears the number 42,710
"102.64."
Section 147.* (A) That section 4121.07 of the Revised 42,712
Code is hereby repealed. 42,713
(B) The repeal by this act of section 4121.07 of the 42,715
Revised Code is intended to confirm that such was the result 42,716
intended by the General Assembly in enacting Am. Sub. H.B. 107 of 42,717
the 120th General Assembly. The outright repeal clause of that 42,718
act correctly indicated the repeal of section 4121.07 of the
Revised Code, but the title of that act erroneously indicated 42,719
that the section was being amended. 42,720
Section 148. Except as otherwise specifically provided in 42,722
this act, the codified sections of law amended or enacted in this 42,723
act, and the items of law of which the codified sections of law 42,724
amended or enacted in this act are composed, are subject to the 42,725
referendum. Therefore, under Ohio Constitution, Article II, 42,726
Section 1c and section 1.471 of the Revised Code, the codified 42,727
904
sections of law amended or enacted by this act, and the items of 42,728
law of which the codified sections of law as amended or enacted 42,729
by this act are composed, take effect on the ninety-first day 42,730
after this act is filed with the Secretary of State. If, 42,731
however, a referendum petition is filed against any such codified 42,732
section of law as amended or enacted by this act, or against any 42,733
item of law of which any such codified section of law as amended 42,734
or enacted by this act is composed, the codified section of law 42,735
as amended or enacted, or item of law, unless rejected at the 42,736
referendum, takes effect at the earliest time permitted by law. 42,737
Section 149. Except as otherwise specifically provided in 42,739
this act, the repeal by this act of a codified section of law is 42,740
subject to the referendum. Therefore, under Ohio Constitution, 42,741
Article II, Section 1c and section 1.471 of the Revised Code, the 42,742
repeal by this act of a codified section of law takes effect on 42,743
the ninety-first day after this act is filed with the Secretary 42,744
of State. If, however, a referendum petition is filed against 42,745
any such repeal, the repeal, unless rejected at the referendum, 42,746
takes effect at the earliest time permitted by law. 42,747
Section 150. Sections 109.081, 111.18, 118.01, 118.05, 42,749
122.011, 124.07, 125.15, 125.28, 127.16, 131.39, 901.63, 1155.07, 42,750
1155.10, 1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1181.18, 42,751
1309.401, 1509.02, 1509.071, 1513.30, 3353.06, 3383.08, 3702.52, 42,752
3702.57, 3702.58, 3702.68, 3705.24, 3734.06, 3734.57, 3745.11, 42,753
3748.07, 3748.13, 3793.10, 4105.17, 4117.24, 4301.10, 4301.30, 42,754
4301.43, 4511.191, 4511.83, 4703.36, 4703.37, 4713.10, 4717.07, 42,756
4723.08, 4729.54, 4730.11, 4731.281, 4732.14, 4736.12, 4741.17, 42,757
4741.19, 4747.05, 4747.06, 4747.07, 4747.10, 5101.16, 5101.50, 42,758
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, 42,759
5709.632, 5749.02, 5907.141, and 6109.21 of the Revised Code as 42,761
amended or enacted by this act, and the items of law of which 42,762
such sections as amended or enacted by this act are composed, are 42,763
not subject to the referendum. Therefore, under Ohio 42,764
905
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, such sections as amended or enacted by this act, 42,765
and the items of law of which such sections as amended or enacted 42,766
by this act are composed, go into immediate effect when this act 42,767
becomes law. 42,768
Section 151. (A) The amendment by this act to division 42,770
(C) of section 166.03 of the Revised Code constitutes an item of 42,771
law that is subject to the referendum. Therefore, under Ohio 42,772
Constitution, Article II, Section 1c and section 1.471 of the 42,773
Revised Code, this item of law takes effect on the ninety-first 42,774
day after this act is filed with the Secretary of State. If, 42,775
however, a referendum petition is filed against the item of law, 42,776
the item of law, unless rejected at the referendum, takes effect 42,777
at the earliest time permitted by law. 42,778
(B) The amendments by this act to division (B) of section 42,780
166.03 of the Revised Code constitute an item of law that is not 42,781
subject to the referendum. Therefore, under Ohio Constitution, 42,782
Article II, Section 1d and section 1.471 of the Revised Code, 42,783
this item of law goes into immediate effect when this act becomes 42,784
law.
Section 152.* Sections 3109.17 and 3109.18 of the Revised 42,786
Code, as amended by this act, are subject to the referendum and 42,787
shall take effect January 1, 2001. Notwithstanding the 42,788
provisions of section 3109.17 of the Revised Code that require 42,789
the Children's Trust Fund Board to make block grants to child 42,790
abuse and child neglect advisory boards, the Children's Trust 42,791
Fund Board may make grants to child abuse and child neglect 42,792
prevention programs during the period January 1, 2001, through
June 30, 2001. 42,793
Section 153. The repeal by this act of sections 1155.131 42,795
and 1163.17 of the Revised Code is not subject to the referendum. 42,796
Therefore, under Ohio Constitution, Article II, Section 1d and 42,797
section 1.471 of the Revised Code, the repeals go into immediate 42,798
effect when this act becomes law. 42,799
906
Section 154. Except as otherwise specifically provided in 42,801
this act, the uncodified sections of law amended or enacted in 42,802
this act, and the items of law of which the uncodified sections 42,803
of law amended or enacted in this act are composed, are not 42,804
subject to the referendum. Therefore, under Ohio Constitution, 42,805
Article II, Section 1d and section 1.471 of the Revised Code, the 42,806
uncodified sections of law amended or enacted in this act, and 42,807
the items of law of which the uncodified sections of law amended 42,808
or enacted in this act are composed, go into immediate effect 42,809
when this act becomes law.
Section 155. Uncodified sections of law amended or enacted 42,811
in this act, and items of law contained within the uncodified 42,812
sections of law amended or enacted in this act, that are marked 42,813
with an asterisk are subject to the referendum. Therefore, under 42,814
Ohio Constitution, Article II, Section 1c and section 1.471 of 42,815
the Revised Code, the uncodified sections and items of law marked 42,816
with an asterisk take effect on the ninety-first day after this 42,817
act is filed with the Secretary of State. If, however, a 42,818
referendum petition is filed against an uncodified section or 42,819
item of law marked with an asterisk, the uncodified section or 42,820
item of law marked with an asterisk, unless rejected at the 42,821
referendum, takes effect at the earliest time permitted by law. 42,822
If the amending and existing repeal clauses commanding the 42,824
amendment of an uncodified section of law are both marked with 42,825
asterisks, the uncodified section as amended is deemed also to 42,826
have been marked with an asterisk. 42,827
An asterisk marking an uncodified section or item of law 42,829
has the form *. 42,830
This section defines the meaning and form of, but is not 42,832
itself to be considered marked with, an asterisk. 42,833
Section 156. If the amendment or enactment in this act of 42,835
a codified or uncodified section of law is subject to the 42,836
referendum, the corresponding indications in the amending, 42,837
enacting, or existing repeal clauses commanding the amendment or 42,838
907
enactment also are subject to the referendum, along with the 42,839
amendment or enactment. If the amendment or enactment by this 42,840
act of a codified or uncodified section of law is not subject to 42,841
the referendum, the corresponding indications in the amending, 42,842
enacting, or existing repeal clauses commanding the amendment or 42,843
enactment also are not subject to the referendum, the same as the 42,844
amendment or enactment. 42,845
Section 157. An item, other than an amending, enacting, or 42,847
repealing clause, that composes the whole or part of an 42,848
uncodified section contained in this act has no effect after June 42,849
30, 2001, unless its context clearly indicates otherwise. 42,850
Section 158. The Tax Commissioner shall make the 42,852
adjustments required by section 5117.071 of the Revised Code for 42,853
the first time in 1999, for use in determining eligibility for 42,855
energy credits or payments during the 1999-2000 winter heating 42,856
season. To facilitate the implementation of the adjustment 42,857
mechanism in 1999, the commissioner may extend as necessary any 42,858
date specified in sections 5117.01 to 5117.12 of the Revised Code 42,859
for the performance of a particular action by the commissioner or 42,860
by an individual, energy company, or energy dealer. 42,861
Section 159. (A) The amendment by this act of section 42,863
5733.05 of the Revised Code applies to tax years 2000 and 42,864
thereafter.
(B) Any corporation that was entitled, for tax year 1999, 42,867
to make an exclusion from its capital, surplus, undivided
profits, or reserves under former division (A)(6) of section 42,868
5733.05 of the Revised Code as it existed prior to its amendment 42,869
by Am. Sub. H.B. 215 of the 122nd General Assembly is entitled to 42,871
claim a nonrefundable credit against the corporation franchise 42,872
tax imposed by section 5733.06 of the Revised Code for tax year 42,873
2000. The amount of the credit shall equal the difference 42,874
between the amount of corporation franchise tax the corporation 42,875
paid for tax year 1999 and the amount of corporation franchise 42,876
tax that would have been due from the corporation for that year 42,877
908
if the exclusion was made; plus an amount that bears the same 42,878
ratio to the amount of any penalty or interest paid by the 42,879
corporation for that year that the difference in tax bears to the 42,880
amount of tax on account of which the penalty or interest is 42,881
charged.
If the credit exceeds the amount of tax due for tax year 42,883
2000, the corporation may claim the excess in succeeding tax 42,884
years until the full amount of the credit has been claimed, 42,885
provided that the amount claimed in any tax year shall be 42,886
deducted from the amount carried forward to the following year. 42,887
This section expires June 30, 2000. 42,889
Section 160.* Section 5733.33 of the Revised Code, as 42,891
amended by this act, applies to purchases of new manufacturing 42,892
machinery and equipment made on or after January 1, 2001. 42,893
Section 161. The amendment of sections 5112.03, 5112.06, 42,895
5112.07, 5112.08, 5112.09, and 5112.17 of the Revised Code is not 42,896
intended to supersede the earlier repeal, with delayed effective 42,898
date, of those sections.
Section 162. Section 127.16 of the Revised Code is 42,900
presented in this act as a composite of the section as amended by 42,901
both Am. Sub. H.B. 649 and Am. Sub. H.B. 850 of the 122nd General 42,902
Assembly, with the new language of neither of the acts shown in 42,904
capital letters. This is in recognition of the principle stated 42,905
in division (B) of section 1.52 of the Revised Code that such 42,906
amendments are to be harmonized where not substantively 42,907
irreconcilable and constitutes a legislative finding that such is 42,908
the resulting version in effect prior to the effective date of 42,909
this act.
Section 163. Section 311.01 of the Revised Code is 42,911
presented in this act as a composite of the section as amended by 42,912
both Sub. H.B. 351 and Sub. H.B. 670 of the 121st General 42,913
Assembly, with the new language of neither of the acts shown in 42,914
capital letters. This is in recognition of the principle stated 42,915
in division (B) of section 1.52 of the Revised Code that such 42,916
909
amendments are to be harmonized where not substantively 42,917
irreconcilable and constitutes a legislative finding that such is 42,918
the resulting version in effect prior to the effective date of 42,919
this act.
Section 164. Section 329.04 of the Revised Code is 42,921
presented in this act as a composite of the section as amended by 42,922
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 42,923
Assembly, with the new language of neither of the acts shown in 42,925
capital letters. This is in recognition of the principle stated 42,926
in division (B) of section 1.52 of the Revised Code that such 42,927
amendments are to be harmonized where not substantively 42,928
irreconcilable and constitutes a legislative finding that such is 42,929
the resulting version in effect prior to the effective date of 42,930
this act.
Section 165. Section 3745.11 of the Revised Code is 42,932
presented in this act as a composite of the section as amended by 42,933
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 42,934
Assembly, with the new language of neither of the acts shown in 42,935
capital letters. This is in recognition of the principle stated 42,937
in division (B) of section 1.52 of the Revised Code that such 42,938
amendments are to be harmonized where not substantively 42,939
irreconcilable and constitutes a legislative finding that such is 42,940
the resulting version in effect prior to the effective date of 42,941
this act.
Section 166. Section 5111.01 of the Revised Code is 42,943
presented in this act as a composite of the section as amended by 42,944
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 42,945
Assembly, with the new language of neither of the acts shown in 42,947
capital letters. This is in recognition of the principle stated 42,948
in division (B) of section 1.52 of the Revised Code that such 42,949
amendments are to be harmonized where not substantively 42,950
irreconcilable and constitutes a legislative finding that such is 42,951
the resulting version in effect prior to the effective date of 42,952
this act.
910
Section 167. If any item of law that constitutes the whole 42,954
or part of a codified or uncodified section of law contained in 42,955
this act, or if any application of any item of law that 42,956
constitutes the whole or part of a codified or uncodified section 42,958
of law contained in this act, is held invalid, the invalidity 42,959
does not affect other items of law or applications of items of 42,960
law that can be given effect without the invalid item of law or 42,961
application. To this end, the items of law of which the codified 42,962
and uncodified sections contained in this act are composed, and 42,963
their applications, are independent and severable.