Interim Report of the Senate Finance and Financial 1
Institutions Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 283 6
1999-2000 7
REPRESENTATIVES THOMAS-JONES-CORE-AMSTUTZ-CORBIN-MOTTLEY- 9
METZGER-MEAD-HOOPS-VESPER-STAPLETON-O'BRIEN-CAREY-PERZ- 10
COUGHLIN-GOODMAN-WILSON-BOYD-PERRY-OPFER-BARRETT-EVANS- 12
WOMER BENJAMIN-WINKLER-HARRIS-HAINES-BATEMAN-AUSTRIA-
KRUPINSKI-SYKES-OLMAN-JOLIVETTE-DAMSCHRODER-R.MILLER-HEALY 13
_________________________________________________________________ 14
A B I L L
To amend sections 9.06, 9.07, 102.02, 103.143, 16
103.73, 103.74, 109.081, 111.18, 117.14, 117.44, 17
117.45, 118.01, 118.05, 118.08, 120.04, 120.06,
120.18, 120.28, 120.33, 121.05, 121.24, 122.011, 18
122.05, 122.15, 122.152, 124.04, 124.07, 124.181, 19
125.023, 125.04, 125.11, 125.15, 125.28, 126.12, 20
126.21, 126.25, 126.31, 126.32, 127.16, 129.55, 21
129.63, 129.73, 131.01, 133.20, 135.63, 149.30,
166.03, 166.05, 169.02, 169.03, 169.09, 173.35, 22
307.851, 307.86, 307.98, 311.01, 329.04, 329.06, 23
329.12, 340.03, 341.011, 718.01, 742.63, 753.19, 24
901.41, 901.62, 901.63, 924.51, 924.52, 1101.15, 25
1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 26
1155.10, 1155.13, 1161.09, 1161.38, 1163.09,
1163.13, 1163.16, 1181.06, 1301.01, 1309.401, 27
1317.07, 1321.57, 1322.02, 1322.10, 1501.01, 28
1507.01, 1507.12, 1515.091, 1521.04, 1547.67,
1547.68, 1547.72, 1555.12, 2108.15, 2305.232, 29
2941.51, 2949.17, 2949.19, 2949.20, 2949.201, 31
3109.17, 3109.18, 3375.90, 3383.08, 3501.18,
3501.21, 3517.152, 3701.04, 3701.261, 3701.262, 33
3701.263, 3701.89, 3701.99, 3702.52, 3702.57, 34
3702.58, 3702.68, 3705.24, 3721.31, 3721.33, 35
2
3722.01, 3722.011, 3722.10, 3722.15, 3722.16, 36
3734.02, 3734.05, 3734.06, 3734.18, 3734.28,
3734.57, 3734.82, 3734.87, 3734.901, 3742.03, 38
3742.04, 3742.05, 3742.08, 3742.19, 3745.11,
3748.07, 3748.13, 3750.02, 3769.20, 3770.03, 39
3793.08, 3793.10, 3793.12, 4105.17, 4112.12, 40
4115.34, 4163.07, 4301.10, 4301.30, 4301.43, 42
4301.62, 4303.07, 4303.10, 4303.181, 4303.182,
4303.30, 4303.35, 4399.12, 4511.191, 4511.83, 43
4701.03, 4703.36, 4703.37, 4712.01, 4713.10, 44
4713.17, 4717.03, 4717.05, 4717.07, 4717.13, 46
4723.06, 4723.08, 4723.28, 4725.16, 4725.17,
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 48
4735.06, 4735.07, 4735.09, 4735.14, 4735.141,
4736.12, 4741.17, 4741.19, 4747.05, 4747.06, 50
4747.07, 4747.10, 4747.13, 4759.05, 4759.06,
4766.02, 4766.04, 4766.05, 4766.07, 4773.04, 51
4905.80, 4911.17, 4931.11, 4931.21, 4931.99,
4933.14, 4937.02, 4981.09, 5101.03, 5101.16, 52
5101.21, 5101.22, 5101.23, 5101.33, 5101.46, 53
5101.52, 5101.541, 5101.544, 5101.83, 5101.93,
5104.30, 5104.32, 5104.34, 5104.38, 5107.02, 55
5107.05, 5107.10, 5107.16, 5107.18, 5107.22,
5107.24, 5107.26, 5107.28, 5107.541, 5107.60, 56
5107.72, 5108.06, 5111.01, 5111.022, 5112.03,
5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 58
5115.01, 5117.07, 5117.09, 5119.16, 5119.22, 59
5119.61, 5120.14, 5121.03, 5121.04, 5121.06,
5121.07, 5121.08, 5121.09, 5121.10, 5123.60, 60
5126.35, 5139.27, 5139.271, 5139.28, 5139.281, 62
5139.43, 5145.30, 5502.21, 5502.22, 5502.25,
5502.28, 5502.34, 5513.07, 5515.01, 5528.36, 63
5703.05, 5703.052, 5703.053, 5703.21, 5709.62, 64
5709.63, 5709.632, 5709.83, 5711.16, 5711.22,
3
5727.01, 5727.111, 5727.12, 5727.30, 5727.31, 65
5727.311, 5727.32, 5727.33, 5727.38, 5727.42,
5727.48, 5727.50, 5727.60, 5733.05, 5733.16, 66
5733.33, 5739.31, 5743.08, 5743.14, 5743.55, 67
5743.59, 5743.99, 5747.11, 5907.11, 5907.13, 68
5907.141, 5907.15, 6109.01, 6109.21, and 6119.10;
to amend, for the purpose of adopting new section 69
numbers as indicated in parentheses, sections 70
3701.261 (3335.60), 3701.262 (3335.61), and
3701.263 (3335.62); to enact new sections 71
2108.021 and 2151.55 and sections 9.08, 101.30, 72
101.301, 117.441, 121.481, 122.19, 122.20,
122.21, 122.22, 131.39, 135.91, 135.92, 135.93, 73
135.94, 135.95, 135.96, 135.97, 166.032, 173.011, 74
329.023, 329.041, 329.07, 1181.18, 1501.25, 75
2108.022, 2108.023, 2151.551, 2151.552, 2151.553,
2151.554, 2744.10, 3335.99, 3353.06, 3353.07, 76
3701.043, 3701.044, 3721.025, 3734.281, 3769.201, 77
4112.15, 4115.101, 4117.24, 4723.282, 4939.01,
4939.02, 4939.03, 5101.34, 5101.341, 5101.342, 79
5101.343, 5101.50, 5101.501, 5101.502, 5101.503, 80
5101.51, 5101.511, 5101.512, 5101.513, 5101.514,
5101.515, 5101.516, 5101.517, 5101.518, 5101.519, 82
5104.341, 5107.11, 5107.161, 5107.17, 5107.61, 83
5111.014, 5111.025, 5111.026, 5111.173, 5117.071,
5119.631, 5126.357, 5145.19, 5145.20, 5153.123, 84
5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and
5727.29; and to repeal sections 101.64, 117.16, 85
1155.131, 1163.17, 2108.021, 2151.55, 4113.14, 86
4121.07, 4931.01, 4931.03, 4931.08, 4931.20,
4931.23, 4931.24, 5107.77, 5111.172, and 5115.08 87
of the Revised Code; to repeal the version of 88
section 2108.15 of the Revised Code that is to
take effect on December 31, 2000; and to amend 89
4
Section 5 of Am. Sub. S.B. 50 of the 121st 90
General Assembly, as subsequently amended; to 91
amend Section 153 of Am. Sub. H.B. 117 of the 92
121st General Assembly, as subsequently amended; 93
to amend Section 3 of Am. Sub. H.B. 440 of the 94
121st General Assembly, as subsequently amended;
to amend Section 3 of Am. Sub. H.B. 215 of the 95
122nd General Assembly; to amend Sections 3.01,
3.03, 21, and 30.25 of Am. Sub. H.B. 850 of the 96
122nd General Assembly; to amend Section 3 of Am. 98
Sub. H.B. 621 of the 122nd General Assembly; to
amend Section 4 of Sub. H.B. 167 of the 121st 99
General Assembly, as subsequently amended; to
amend Section 4 of Sub. H.B. 167 of the 121st 100
General Assembly, as subsequently amended, for 101
the purpose of changing its number to section
5101.86; to repeal Section 50.48 of Am. Sub. H.B. 102
215 of the 122nd General Assembly; to repeal 103
Section 25 of Am. Sub. H.B. 650 of the 122nd 105
General Assembly; and to repeal Section 17.03 of 106
Am. Sub. H.B. 850 of the 122nd General Assembly
to make operating appropriations for the biennium 108
beginning July 1, 1999, and ending June 30, 2001,
and to provide authorization and conditions for 109
the operation of state programs, and to terminate 110
the Muskingum River Advisory Council on December 111
31, 2002, by repealing section 1501.25 of the 112
Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 114
Section 1. That sections 9.06, 9.07, 102.02, 103.143, 116
103.73, 103.74, 109.081, 111.18, 117.14, 117.44, 117.45, 118.01, 117
118.05, 118.08, 120.04, 120.06, 120.18, 120.28, 120.33, 121.05, 118
5
121.24, 122.011, 122.05, 122.15, 122.152, 124.04, 124.07, 119
124.181, 125.023, 125.04, 125.11, 125.15, 125.28, 126.12, 126.21, 120
126.25, 126.31, 126.32, 127.16, 129.55, 129.63, 129.73, 131.01, 121
133.20, 135.63, 149.30, 166.03, 166.05, 169.02, 169.03, 169.09, 122
173.35, 307.851, 307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 123
340.03, 341.011, 718.01, 742.63, 753.19, 901.41, 901.62, 901.63, 125
924.51, 924.52, 1101.15, 1107.15, 1109.23, 1151.07, 1151.201,
1155.07, 1155.10, 1155.13, 1161.09, 1161.38, 1163.09, 1163.13, 127
1163.16, 1181.06, 1301.01, 1309.401, 1317.07, 1321.57, 1322.02,
1322.10, 1501.01, 1507.01, 1507.12, 1515.091, 1521.04, 1547.67, 128
1547.68, 1547.72, 1555.12, 2108.15, 2305.232, 2941.51, 2949.17, 129
2949.19, 2949.20, 2949.201, 3109.17, 3109.18, 3375.90, 3383.08, 131
3501.18, 3501.21, 3517.152, 3701.04, 3701.261, 3701.262, 133
3701.263, 3701.89, 3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 135
3705.24, 3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 3722.15,
3722.16, 3734.02, 3734.05, 3734.06, 3734.18, 3734.28, 3734.57, 136
3734.82, 3734.87, 3734.901, 3742.03, 3742.04, 3742.05, 3742.08, 138
3742.19, 3745.11, 3748.07, 3748.13, 3750.02, 3769.20, 3770.03, 139
3793.08, 3793.10, 3793.12, 4105.17, 4112.12, 4115.34, 4163.07, 141
4301.10, 4301.30, 4301.43, 4301.62, 4303.07, 4303.10, 4303.181, 142
4303.182, 4303.30, 4303.35, 4399.12, 4511.191, 4511.83, 4701.03, 143
4703.36, 4703.37, 4712.01, 4713.10, 4713.17, 4717.03, 4717.05, 145
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 146
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 148
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 149
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 150
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4911.17, 4931.11, 151
4931.21, 4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 5101.16, 152
5101.21, 5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 5101.541, 153
5101.544, 5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 5104.38, 154
5107.02, 5107.05, 5107.10, 5107.16, 5107.18, 5107.22, 5107.24, 155
5107.26, 5107.28, 5107.541, 5107.60, 5107.72, 5108.06, 5111.01, 156
5111.022, 5112.03, 5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 158
5115.01, 5117.07, 5117.09, 5119.16, 5119.22, 5119.61, 5120.14, 159
6
5121.03, 5121.04, 5121.06, 5121.07, 5121.08, 5121.09, 5121.10, 160
5123.60, 5126.35, 5139.27, 5139.271, 5139.28, 5139.281, 5139.43, 162
5145.30, 5502.21, 5502.22, 5502.25, 5502.28, 5502.34, 5513.07, 163
5515.01, 5528.36, 5703.05, 5703.052, 5703.053, 5703.21, 5709.62, 164
5709.63, 5709.632, 5709.83, 5711.16, 5711.22, 5727.01, 5727.111,
5727.12, 5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 165
5727.42, 5727.48, 5727.50, 5727.60, 5733.05, 5733.16, 5733.33, 166
5739.31, 5743.08, 5743.14, 5743.55, 5743.59, 5743.99, 5747.11, 167
5907.11, 5907.13, 5907.141, 5907.15, 6109.01, 6109.21, and 168
6119.10 be amended; sections 3701.261 (3335.60), 3701.262 169
(3335.61), and 3701.263 (3335.62) be amended for the purpose of 170
adopting new section numbers as indicated in parentheses; Section 172
4 of Sub. H.B. 167 of the 121st General Assembly, as amended by 173
Sub. H.B. 710 of the 121st General Assembly and Am. Sub. H.B. 215 174
of the 122nd General Assembly, be amended and renumbered as 175
section 5101.86; and new sections 2108.021 and 2151.55 and 176
sections 9.08, 101.30, 101.301, 117.441, 121.481, 122.19, 122.20, 177
122.21, 122.22, 131.39, 135.91, 135.92, 135.93, 135.94, 135.95, 178
135.96, 135.97, 166.032, 173.011, 329.023, 329.041, 329.07, 179
1181.18, 1501.25, 2108.022, 2108.023, 2151.551, 2151.552, 180
2151.553, 2151.554, 2744.10, 3335.99, 3353.06, 3353.07, 3701.043, 181
3701.044, 3721.025, 3734.281, 3769.201, 4112.15, 4115.101, 183
4117.24, 4723.282, 4939.01, 4939.02, 4939.03, 5101.34, 5101.341,
5101.342, 5101.343, 5101.50, 5101.501, 5101.502, 5101.503, 186
5101.51, 5101.511, 5101.512, 5101.513, 5101.514, 5101.515, 187
5101.516, 5101.517, 5101.518, 5101.519, 5104.341, 5107.11,
5107.161, 5107.17, 5107.61, 5111.014, 5111.025, 5111.026, 188
5111.173, 5117.071, 5119.631, 5126.357, 5145.19, 5145.20, 190
5153.123, 5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and
5727.29 of the Revised Code be enacted to read as follows: 191
Sec. 9.06. (A)(1) The department of rehabilitation and 200
correction shall contract for the private operation and 202
management pursuant to this section of the initial intensive
program prison established pursuant to section 5120.033 of the 203
7
Revised Code and may contract for the private operation and 205
management of any other facility under this section. Counties 206
and municipal corporations to the extent authorized in sections 208
307.93, 341.35, 753.03, and 753.15 of the Revised Code, may 209
contract for the private operation and management of a facility
under this section. A contract entered into under this section 211
shall be for an initial term of not more than two years, with an 212
option to renew for additional periods of two years.
(2) Not later than December 31, 1998, the department of 215
rehabilitation and correction, by rule, shall adopt minimum 216
criteria and specifications that a person or entity, other than a 217
person or entity that satisfies the criteria set forth in 218
division (A)(3)(a) of this section and subject to division (I) of 220
this section, must satisfy in order to apply to operate and 221
manage as a contractor pursuant to this section the initial 222
intensive program prison established pursuant to section 5120.033 223
of the Revised Code. 224
(3) Subject to division (I) of this section, any person or 227
entity that applies to operate and manage a facility as a 229
contractor pursuant to this section shall satisfy one or more of
the following criteria: 230
(a) The person or entity is accredited by the American 232
correctional association and, at the time of the application, 234
operates and manages one or more facilities accredited by the 237
American correctional association.
(b) The person or entity satisfies all of the minimum 239
criteria and specifications adopted by the department of 240
rehabilitation and correction pursuant to division (A)(2) of this 241
section, provided that this alternative shall be available only 242
in relation to the initial intensive program prison established 243
pursuant to section 5120.033 of the Revised Code. 245
(4) Subject to division (I) of this section, before a 248
public entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity 249
8
that it can operate the facility with the inmate capacity 250
required by the public entity and provide the services required 251
in this section and realize at least a five per cent savings over 252
the projected cost to the public entity of providing these same 253
services to operate the facility that is the subject of the 254
contract. No out-of-state prisoners may be housed in any 255
facility that is the subject of a contract entered into under to
this section. 256
(B) Subject to division (I) of this section, any contract 259
entered into under this section shall include all of the
following: 260
(1) A requirement that the contractor retain the 262
contractor's accreditation from the American correctional 263
association throughout the contract term OR, IF THE CONTRACTOR 265
APPLIED PURSUANT TO DIVISION (A)(3)(b) OF THIS SECTION, CONTINUE 267
COMPLYING WITH THE APPLICABLE CRITERIA AND SPECIFICATIONS ADOPTED 268
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO 269
DIVISION (A)(2) OF THIS SECTION; 270
(2) A requirement that all of the following conditions be 272
met:
(a) The contractor begins the process of accrediting the 274
facility with the American correctional association no later than 275
sixty days after the facility receives its first inmate. 276
(b) The contractor receives accreditation of the facility 278
within twelve months after the date the contractor applies to the 279
American correctional association for accreditation. 280
(c) Once the accreditation is received, the contractor 282
maintains it for the duration of the contract term. 283
(d) If the contractor does not comply with divisions 285
(B)(2)(a) to (c) of this section, the contractor is in violation 287
of the contract and the public entity may revoke the contract at 288
its discretion.
(3) A requirement that the contractor comply with all 290
rules promulgated by the department of rehabilitation and 291
9
correction that apply to the operation and management of 292
correctional facilities, including the minimum standards for 293
jails in Ohio and policies regarding the use of force and the use 294
of deadly force, although the public entity may require more 295
stringent standards, and comply with any applicable laws, rules,
or regulations of the federal, state, and local governments, 296
including, but not limited to, sanitation, food service, safety, 297
and health regulations. The contractor shall be required to send 298
copies of reports of inspections completed by the appropriate 299
authorities regarding compliance with rules and regulations to 300
the director of rehabilitation and correction or the director's 301
designee and, if contracting with a local public entity, to the 302
governing authority of that entity.
(4) A requirement that the contractor report for 304
investigation all crimes in connection with the facility to the 305
public entity, to all local law enforcement agencies having WITH 306
jurisdiction OVER THE PLACE at WHICH the facility IS LOCATED, 307
and, for a crime committed at a state correctional institution, 309
to the state highway patrol; 310
(5) A REQUIREMENT THAT THE CONTRACTOR IMMEDIATELY REPORT 313
ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 314
ESCAPEES, BY TELEPHONE AND IN WRITING TO ALL LOCAL LAW 315
ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH 316
THE FACILITY IS LOCATED, TO THE PROSECUTING ATTORNEY OF THE 317
COUNTY IN WHICH THE FACILITY IS LOCATED, TO THE STATE HIGHWAY 318
PATROL, TO A DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE
COUNTY IN WHICH THE FACILITY IS LOCATED AND, IF THE INSTITUTION 319
IS A STATE CORRECTIONAL INSTITUTION, TO THE DEPARTMENT OF 321
REHABILITATION AND CORRECTION. THE WRITTEN NOTICE MAY BE BY 322
EITHER FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH 323
THIS REQUIREMENT REGARDING AN ESCAPE IS A VIOLATION OF SECTION 324
2921.22 OF THE REVISED CODE. 325
(6) A requirement that, if the facility is a state 327
correctional institution, the contractor provide a written report 328
10
within specified time limits to the director of rehabilitation 330
and correction or the director's designee of all unusual
incidents at the facility as defined in rules promulgated by the 331
department of rehabilitation and correction or, if the facility 332
is a local correctional institution, that the contractor provide 333
a written report to the governing authority of the local public 334
entity.;
(6)(7) A requirement that the contractor maintain proper 337
control of inmates' personal funds pursuant to rules promulgated 338
by the department of rehabilitation and correction, for state 339
correctional institutions, or pursuant to the minimum standards
for jails along with any additional standards established by the 340
local public entity, for local correctional institutions, and 341
that records pertaining to these funds be made available to 342
representatives of the public entity for review or audit; 343
(7)(8) A requirement that the contractor prepare and 345
distribute to the director of rehabilitation and correction or, 347
if contracting with a local public entity, to the governing 348
authority of the local entity, annual budget income and 349
expenditure statements and funding source financial reports;
(8)(9) A requirement that the public entity appoint and 351
supervise a full-time contract monitor, that the contractor 353
provide suitable office space for the contract monitor at the 354
facility, and that the contractor allow the contract monitor 355
unrestricted access to all parts of the facility and all records 356
of the facility except the contractor's financial records; 357
(9)(10) A requirement that if the facility is a state 359
correctional institution, designated department of rehabilitation 361
and correction staff members be allowed access to the facility in 362
accordance with rules promulgated by the department; 363
(10)(11) A requirement that the contractor provide 365
internal and perimeter security as agreed upon in the contract; 368
(11)(12) If the facility is a state correctional 370
institution, a requirement that the contractor impose discipline 372
11
on inmates housed in a state correctional institution, only in 373
accordance with rules promulgated by the department of 374
rehabilitation and correction;
(12)(13) A requirement that the facility be staffed at all 376
times with a staffing pattern approved by the public entity and 378
adequate both to ensure supervision of inmates and maintenance of 379
security within the facility, and to provide for programs, 380
transportation, security, and other operational needs. In 381
determining security needs, the contractor shall be required to 382
consider, among other things, the proximity of the facility to 383
neighborhoods and schools.
(13)(14) If the contract is with a local public entity, a 385
requirement that the contractor provide the following services 387
and programs, consistent with the minimum standards for jails 389
promulgated by the department of rehabilitation and correction 390
under section 5120.10 of the Revised Code;
(14)(15) A clear statement that no immunity from liability 392
granted to the state, and no immunity from liability granted to 394
political subdivisions under Chapter 2744. of the Revised Code, 395
shall extend to the contractor or any of the contractor's 396
employees;
(15)(16) A statement that all documents and records 398
relevant to the facility shall be maintained in the same manner 399
required for, and subject to the same laws, rules, and 400
regulations as apply to, the records of the public entity; 401
(16)(17) Authorization for the public entity to impose a 403
fine on the contractor from a schedule of fines included in the 405
contract for the contractor's failure to perform its contractual 406
duties, or to cancel the contract, as the public entity considers 407
appropriate. If a fine is imposed, the public entity may reduce 408
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine. 409
(17)(18) A statement that all services provided or goods 411
produced at the facility shall be subject to the same 413
12
regulations, and the same distribution limitations, as apply to 414
goods and services produced at other correctional institutions; 415
(18)(19) Authorization for the department to establish one 417
or more prison industries at a facility operated and managed by a 419
contractor for the department; 420
(19)(20) A requirement that, if the facility is an 422
intensive program prison established pursuant to section 5120.033 424
of the Revised Code, the facility shall comply with all criteria 426
for intensive program prisons of that type that are set forth in
that section; 427
(21) IF THE INSTITUTION IS A STATE CORRECTIONAL 429
INSTITUTION, A REQUIREMENT THAT THE CONTRACTOR PROVIDE CLOTHING 430
FOR ALL INMATES HOUSED IN THE FACILITY THAT IS CONSPICUOUS IN ITS 432
COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES 433
ITS WEARER AS AN INMATE, AND THAT IS READILY DISTINGUISHABLE FROM 434
CLOTHING OF A NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY 435
BY NON-INMATES, THAT THE CONTRACTOR REQUIRE ALL INMATES HOUSED IN 436
THE FACILITY TO WEAR THE CLOTHING SO PROVIDED, AND THAT THE 437
CONTRACTOR NOT PERMIT ANY INMATE, WHILE INSIDE OR ON THE PREMISES 438
OF THE FACILITY, TO WEAR ANY CLOTHING OF A NATURE THAT DOES NOT 439
CONSPICUOUSLY IDENTIFY ITS WEARER AS AN INMATE AND THAT NORMALLY 440
IS WORN OUTSIDE THE FACILITY BY NON-INMATES. 441
(C) No contract entered into under this section may 443
require, authorize, or imply a delegation of the authority or 444
responsibility of the public entity to a contractor for any of 445
the following:
(1) Developing or implementing procedures for calculating 447
inmate release and parole eligibility dates and recommending the 448
granting or denying of parole, although the contractor may submit 449
written reports that have been prepared in the ordinary course of 450
business;
(2) Developing or implementing procedures for calculating 452
and awarding earned credits, approving the type of work inmates 453
may perform and the wage or earned credits, if any, that may be 454
13
awarded to inmates engaging in such work, and granting, denying, 456
or revoking earned credits;
(3) For inmates serving a term imposed for a felony 458
offense committed prior to July 1, 1996, or for a misdemeanor 459
offense, developing or implementing procedures for calculating 460
and awarding good time, approving the good time, if any, that may 461
be awarded to inmates engaging in work, and granting, denying, or 462
revoking good time;
(4) For inmates serving a term imposed for a felony 464
offense committed on or after July 1, 1996, extending an inmate's 465
term pursuant to the provisions of law governing bad time; 466
(5) Classifying an inmate or placing an inmate in a more 469
or a less restrictive custody than the custody ordered by the 470
public entity;
(6) Approving inmates for work release; 472
(7) Contracting for local or long distance telephone 474
services for inmates or receiving commissions from such services 476
at a facility that is owned by or operated under a contract with 477
the department.
(D) A contractor that has been approved to operate a 479
facility under this section, and a person or entity that enters 480
into a contract for specialized services, as described in 481
division (I) of this section, relative to an intensive program 482
prison established pursuant to section 5120.033 of the Revised 483
Code to be operated by a contractor that has been approved to
operate the prison under this section, shall provide an adequate 484
policy of insurance specifically including, but not limited to, 485
insurance for civil rights claims as determined by a risk 486
management or actuarial firm with demonstrated experience in 487
public liability for state governments. The insurance policy 488
shall provide that the state, including all state agencies, and 489
all political subdivisions of the state with jurisdiction over 490
the facility or in which a facility is located are named as
insured, and that the state and its political subdivisions shall 491
14
be sent any notice of cancellation. The contractor may not 492
self-insure.
A contractor that has been approved to operate a facility 495
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) 496
of this section, relative to an intensive program prison 497
established pursuant to section 5120.033 of the Revised Code to 498
be operated by a contractor that has been approved to operate the 500
prison under this section, shall indemnify and hold harmless the 501
state, its officers, agents, and employees, and any local 503
government entity in the state having jurisdiction over the 504
facility or ownership of the facility, shall reimburse the state 505
for its costs in defending the state or any of its officers, 506
agents, or employees, and shall reimburse any local government 507
entity of that nature for its costs in defending the local 508
government entity, from all of the following:
(1) Any claims or losses for services rendered by the 510
contractor, person, or entity performing or supplying services in 512
connection with the performance of the contract; 513
(2) Any failure of the contractor, person, or entity or 515
its officers or employees to adhere to the laws, rules, 517
regulations, or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights 519
claim brought against the state related to the facility operated 520
and managed by the contractor;
(4) Any claims, losses, demands, or causes of action 522
arising out of the contractor's, person's, or entity's activities 523
in this state;
(5) Any attorney's fees or court costs arising from any 525
habeas corpus actions or other inmate suits that may arise from 526
any event that occurred at the facility or was a result of such 527
an event, or arise over the conditions, management, or operation 528
of the facility, which fees and costs shall include, but not be 529
limited to, attorney's fees for the state's representation and
15
for any court-appointed representation of any inmate, and the 530
costs of any special judge who may be appointed to hear such 531
actions.
(E) Private correctional officers of a contractor 533
operating and managing a facility pursuant to a contract entered 534
into under this section may carry and use firearms in the course 536
of their employment only after being certified as satisfactorily 537
completing an approved training program as described in division 538
(A) of section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from, 540
or of a disturbance at, the facility that is the subject of a 541
contract entered into under this section, the department of 542
rehabilitation and correction and state and local law enforcement 543
agencies shall use all reasonable means to recapture escapees or 544
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee 545
or the quelling of a disturbance at the facility shall be 546
chargeable to and borne by the contractor. The contractor shall 547
also reimburse the state or its political subdivisions for all 548
reasonable costs incurred relating to the temporary detention of 549
the escapee following recapture.
(G) Any offense that would be a crime if committed at a 551
state correctional institution or jail, workhouse, prison, or 552
other correctional facility shall be a crime if committed by or 553
with regard to inmates at facilities operated pursuant to a 554
contract entered into under this section. 555
(H) A contractor operating and managing a facility 557
pursuant to a contract entered into under this section shall pay 558
any inmate workers at the facility at the rate approved by the 560
public entity. Inmates working at the facility shall not be 561
considered employees of the contractor.
(I) In contracting for the private operation and 563
management pursuant to division (A) of this section of the 564
initial intensive program prison established pursuant to section 565
16
5120.033 of the Revised Code or of any other intensive program 567
prison established pursuant to that section, the department of
rehabilitation and correction may enter into a contract with a 568
contractor for the general operation and management of the prison 569
and may enter into one or more separate contracts with other 570
persons or entities for the provision of specialized services for 571
persons confined in the prison, including, but not limited to, 572
security or training services or medical, counseling,
educational, or similar treatment programs. If, pursuant to this 573
division, the department enters into a contract with a contractor 574
for the general operation and management of the prison and also 575
enters into one or more specialized service contracts with other 576
persons or entities, all of the following apply: 577
(1) The contract for the general operation and management 579
shall comply with all requirements and criteria set forth in this 580
section, and all provisions of this section apply in relation to 581
the prison operated and managed pursuant to the contract. 582
(2) Divisions (A)(2), (B), and (C) of this section do not 585
apply in relation to any specialized services contract, except to 586
the extent that the provisions of those divisions clearly are
relevant to the specialized services to be provided under the 587
specialized services contract. Division (D) of this section 588
applies in relation to each specialized services contract. 589
(J) As used in this section: 592
(1) "Public entity" means the department of rehabilitation 594
and correction, or a county or municipal corporation or a 595
combination of counties and municipal corporations, that has 596
jurisdiction over a facility that is the subject of a contract 597
entered into under this section.
(2) "Local public entity" means a county or municipal 599
corporation, or a combination of counties and municipal 600
corporations, that has jurisdiction over a jail, workhouse, or 601
other correctional facility used only for misdemeanants that is 602
the subject of a contract entered into under this section.
17
(3) "Governing authority of a local public entity" means, 604
for a county, the board of county commissioners; for a municipal 605
corporation, the legislative authority; for a combination of 606
counties and municipal corporation, all the boards of county 607
commissioners and municipal legislative authorities that joined 608
to create the facility.
(4) "Contractor" means a person who enters into a contract 610
under this section to operate and manage a jail, workhouse, or 611
other correctional facility.
(5) "Facility" means the specific county, multicounty, 613
municipal, municipal-county, or multicounty-municipal jail, 614
workhouse, prison, or other type of correctional institution or 615
facility used only for misdemeanants, or a state correctional 616
institution, that is the subject of a contract entered into under 617
this section.
Sec. 9.07. (A) As used in this section: 626
(1) "Deadly weapon" has the same meaning as in section 628
2923.11 of the Revised Code. 629
(2) "Governing authority of a local public entity" means 631
whichever of the following is applicable: 632
(a) For a county, the board of county commissioners of the 635
county;
(b) For a municipal corporation, the legislative authority 638
of the municipal corporation;
(c) For a combination of counties, a combination of 641
municipal corporations, or a combination of one or more counties 642
and one or more municipal corporations, all boards of county 643
commissioners and legislative authorities of all of the counties 644
and municipal corporations that combined to form a local public 645
entity for purposes of this section.
(3) "Local public entity" means a county, a municipal 647
corporation, a combination of counties, a combination of 648
municipal corporations, or a combination of one or more counties 649
and one or more municipal corporations. 650
18
(4) "Non-contracting political subdivision" means any 653
political subdivision to which all of the following apply:
(a) A correctional facility for the housing of 655
out-of-state prisoners in this state is or will be located in the 656
political subdivision. 657
(b) The correctional facility described in division 659
(A)(4)(a) of this section is being operated and managed, or will 661
be operated and managed, by a local public entity or a private 662
contractor pursuant to a contract entered into prior to the 664
effective date of this section MARCH 17, 1998, or a contract 666
entered into on or after the effective date of this section MARCH 668
17, 1998, under this section. 669
(c) The political subdivision is not a party to the 671
contract described in division (A)(4)(b) of this section for the 674
management and operation of the correctional facility.
(5) "Out-of-state jurisdiction" means the United States, 676
any state other than this state, and any political subdivision or 678
other jurisdiction located in a state other than this state. 679
(6) "Out-of-state prisoner" means a person who is 681
convicted of a crime in another state or under the laws of the 682
United States or who is found under the laws of another state or 684
of the United States to be a delinquent child or the 686
substantially equivalent designation.
(7) "Private contractor" means either of the following: 688
(a) A person who, on or after the effective date of this 690
section MARCH 17, 1998, enters into a contract under this section 693
with a local public entity to operate and manage a correctional 694
facility in this state for out-of-state prisoners. 695
(b) A person who, pursuant to a contract with a local 697
public entity entered into prior to the effective date of this 699
section MARCH 17, 1998, operates and manages on the effective 701
date of this section MARCH 17, 1998, a correctional facility in 703
this state for housing out-of-state prisoners. 704
(B) Subject to division (I) of this section, the only 706
19
entities other than this state that are authorized to operate a 707
correctional facility to house out-of-state prisoners in this 708
state are a local public entity that operates a correctional 709
facility pursuant to this section or a private contractor that 710
operates a correctional facility pursuant to this section under a 712
contract with a local public entity.
Subject to division (I) of this section, a private entity 715
may operate a correctional facility in this state for the housing 716
of out-of-state prisoners only if the private entity is a private 717
contractor that enters into a contract that comports with 718
division (D) of this section with a local public entity for the 719
management and operation of the correctional facility. 720
(C)(1) Except as provided in this division, on and after 723
the effective date of this section MARCH 17, 1998, a local public 724
entity shall not enter into a contract with an out-of-state 726
jurisdiction to house out-of-state prisoners in a correctional 727
facility in this state. On and after the effective date of this 728
section MARCH 17, 1998, a local public entity may enter into a 730
contract with an out-of-state jurisdiction to house out-of-state 731
prisoners in a correctional facility in this state only if the 733
local public entity and the out-of-state jurisdiction with which 734
the local public entity intends to contract jointly submit to the 735
department of rehabilitation and correction a statement that 736
certifies the correctional facility's intended use, intended 737
prisoner population, and custody level, and the department 738
reviews and comments upon the plans for the design or renovation 739
of the correctional facility regarding their suitability for the 741
intended prisoner population specified in the submitted 742
statement.
(2) If a local public entity and an out-of-state 744
jurisdiction enter into a contract to house out-of-state 745
prisoners in a correctional facility in this state as authorized 746
under division (C)(1) of this section, in addition to any other 748
provisions it contains, the contract shall include whichever of 749
20
the following provisions is applicable:
(a) If a private contractor will operate the facility in 752
question pursuant to a contract entered into in accordance with 753
division (D) of this section, a requirement that, if the facility 754
is closed or ceases to operate for any reason and if the 755
conversion plan described in division (D)(16) of this section is 757
not complied with, the out-of-state jurisdiction will be 758
responsible for housing and transporting the prisoners who are in 759
the facility at the time it is closed or ceases to operate and 760
for the cost of so housing and transporting those prisoners; 761
(b) If a private contractor will not operate the facility 764
in question pursuant to a contract entered into in accordance 765
with division (D) of this section, a conversion plan that will be 767
followed if, for any reason, the facility is closed or ceases to 768
operate. The conversion plan shall include, but is not limited 769
to, provisions that specify whether the local public entity or 770
the out-of-state jurisdiction will be responsible for housing and 771
transporting the prisoners who are in the facility at the time it 772
is closed or ceases to operate and for the cost of so housing and 773
transporting those prisoners.
(3) If a local public entity and an out-of-state 775
jurisdiction intend to enter into a contract to house 776
out-of-state prisoners in a correctional facility in this state 777
as authorized under division (C)(1) of this section, or if a 778
local public entity and a private contractor intend to enter into 779
a contract pursuant to division (D) of this section for the 780
private contractor's management and operation of a correctional 781
facility in this state to house out-of-state prisoners, prior to
entering into the contract the local public entity and the 782
out-of-state jurisdiction, or the local public entity and the 783
private contractor, whichever is applicable, shall conduct a 785
public hearing in accordance with this division, and, prior to
entering into the contract, the governing authority of the local 786
public entity in which the facility is or will be located shall 787
21
authorize the location and operation of the facility. The 788
hearing shall be conducted at a location within the municipal 789
corporation or township in which the facility is or will be 791
located. At least one week prior to conducting the hearing, the 792
local public entity and the out-of-state jurisdiction or private 793
contractor with the duty to conduct the hearing shall cause 795
notice of the date, time, and place of the hearing to be made by 797
publication in the newspaper with the largest general circulation 798
in the county in which the municipal corporation or township is 799
located. The notice shall be of a sufficient size that it covers
at least one-quarter of a page of the newspaper in which it is 800
published. This division applies to a private contractor that, 801
pursuant to the requirement set forth in division (I) of this 802
section, is required to enter into a contract under division (D) 803
of this section.
(D) Subject to division (I) of this section, on and after 806
the effective date of this section MARCH 17, 1998, if a local 807
public entity enters into a contract with a private contractor 808
for the management and operation of a correctional facility in 809
this state to house out-of-state prisoners, the contract, at a 810
minimum, shall include all of the following provisions:
(1) A requirement that the private contractor seek and 812
obtain accreditation from the American correctional association 813
for the correctional facility within two years after accepting 814
the first out-of-state prisoner at the correctional facility 815
under the contract and that it maintain that accreditation for 816
the term of the contract;
(2) A requirement that the private contractor comply with 818
all applicable laws, rules, or regulations of the government of 819
this state, political subdivisions of this state, and the United 821
States, including, but not limited to, all sanitation, food 823
service, safety, and health regulations; 824
(3) A requirement that the private contractor send copies 826
of reports of inspections completed by appropriate authorities 827
22
regarding compliance with laws, rules, and regulations of the 828
type described in division (D)(2) of this section to the director 831
of rehabilitation and correction or the director's designee and 832
to the governing authority of the local public entity in which 833
the correctional facility is located;
(4) A requirement that the private contractor report to 835
the local law enforcement agencies with jurisdiction over the 836
place at which the correctional facility is located, for 837
investigation, all criminal offenses or delinquent acts that are 838
committed in or on the grounds of, or otherwise in connection 839
with, the correctional facility and report to the department of 840
rehabilitation and correction all escapes from or disturbances at 842
the facility;
(5) A REQUIREMENT THAT THE PRIVATE CONTRACTOR IMMEDIATELY 844
REPORT ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 846
ESCAPEES, BY TELEPHONE AND IN WRITING TO THE DEPARTMENT OF 847
REHABILITATION AND CORRECTION, TO ALL LOCAL LAW ENFORCEMENT 848
AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH THE FACILITY 849
IS LOCATED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 850
ATTORNEY OF THE COUNTY IN WHICH THE FACILITY IS LOCATED, AND TO A 851
DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY IN WHICH 852
THE FACILITY IS LOCATED. THE WRITTEN NOTICE MAY BE BY EITHER 853
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 854
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 856
CODE.
(6) A requirement that the private contractor provide a 858
written report to the director of rehabilitation and correction 859
or the director's designee and to the governing authority of the 860
local public entity in which the correctional facility is located 862
of all unusual incidents occurring at the correctional facility. 863
The private contractor shall report the incidents in accordance
with the incident reporting rules that, at the time of the 865
incident, are applicable to state correctional facilities for 866
similar incidents occurring at state correctional facilities. 867
23
(6)(7) A requirement that the private contractor provide 869
internal and perimeter security to protect the public, staff 870
members of the correctional facility, and prisoners in the 871
correctional facility; 872
(7)(8) A requirement that the correctional facility be 874
staffed at all times with a staffing pattern that is adequate to 875
ensure supervision of inmates and maintenance of security within 876
the correctional facility and to provide for appropriate 877
programs, transportation, security, and other operational needs. 878
In determining security needs for the correctional facility, the 880
private contractor and the contract requirements shall fully take 881
into account all relevant factors, including, but not limited to, 882
the proximity of the facility to neighborhoods and schools. 883
(8)(9) A requirement that the private contractor provide 885
an adequate policy of insurance that satisfies the requirements 886
set forth in division (D) of section 9.06 of the Revised Code 888
regarding contractors who operate and manage a facility under 889
that section, and that the private contractor indemnify and hold 890
harmless the state, its officers, agents, and employees, and any 891
local public entity in the state with jurisdiction over the place 892
at which the correctional facility is located or that owns the 893
correctional facility, reimburse the state for its costs in 895
defending the state or any of its officers, agents, or employees,
and reimburse any local government entity of that nature for its 896
costs in defending the local government entity, in the manner 898
described in division (D) of that section regarding contractors 900
who operate and manage a facility under that section; 901
(9)(10) A requirement that the private contractor develop 903
a security classification schedule ADOPT for prisoners housed in 905
the correctional facility THE SECURITY CLASSIFICATION SYSTEM AND 906
SCHEDULE ADOPTED BY THE DEPARTMENT OF REHABILITATION AND 907
CORRECTION UNDER SECTION 5145.03 OF THE REVISED CODE, classify in 908
accordance with the SYSTEM AND schedule each prisoner housed in 909
the facility, and house all prisoners in the facility in 910
24
accordance with their classification under this division; 911
(10)(11) A requirement that the private contractor will 913
not accept for housing, and will not house, in the correctional 914
facility any out-of-state prisoner in relation to whom either ANY 916
of the following applies:
(a) The private entity has not obtained from the 918
out-of-state jurisdiction that imposed the sentence or sanction 919
under which the prisoner will be confined in this state a copy of 921
the institutional record of the prisoner while previously
confined in that out-of-state jurisdiction or a statement that 922
the prisoner previously has not been confined in that 923
out-of-state jurisdiction and a copy of all medical records 924
pertaining to that prisoner that are in the possession of the 925
out-of-state jurisdiction. 926
(b) The prisoner, while confined in any out-of-state 929
jurisdiction, has a record of institutional violence involving 930
the use of a deadly weapon and OR a pattern of committing acts of 932
an assaultive nature against employees of, or visitors to, the 933
place of confinement or has a record of escape or attempted 934
escape from secure custody.
(c) UNDER THE SECURITY CLASSIFICATION SYSTEM AND SCHEDULE 936
ADOPTED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER 937
SECTION 5145.03 OF THE REVISED CODE AND ADOPTED BY THE PRIVATE 938
CONTRACTOR UNDER DIVISION (B)(10) OF THIS SECTION, THE 939
OUT-OF-STATE PRISONER WOULD BE CLASSIFIED AS BEING AT A SECURITY
LEVEL HIGHER THAN MEDIUM SECURITY. 940
(11)(12) A requirement that the private contractor, prior 942
to housing any out-of-state prisoner in the correctional facility 943
under the contract, enter into a written agreement with the 944
department of rehabilitation and correction that sets forth a 946
plan and procedure that will be used to coordinate law 947
enforcement activities of state law enforcement agencies and of
local law enforcement agencies with jurisdiction over the place 948
at which the facility is located in response to any riot, 949
25
rebellion, escape, insurrection, or other emergency occurring 950
inside or outside the facility; 951
(12)(13) A requirement that the private contractor 953
cooperate with the correctional institution inspection committee 954
in the committee's performance of its duties under section 103.73 955
of the Revised Code and provide the committee, its subcommittees, 957
and its staff members, AND ANY INDIVIDUAL PERFORMING CORRECTIONAL 958
INSTITUTION INSPECTION SERVICES ON BEHALF OF THE COMMITTEE 959
PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 103.74 OF THE 960
REVISED CODE, in performing those duties, with access to the 961
correctional facility as described in that section; 962
(13)(14) A requirement that the private contractor permit 964
any peace officer who serves a law enforcement agency with 965
jurisdiction over the place at which the correctional facility is 967
located to enter into the facility to investigate any criminal 968
offense or delinquent act that allegedly has been committed in or 969
on the grounds of, or otherwise in connection with, the facility; 970
(14)(15) A requirement that the private contractor will 972
not employ any person at the correctional facility until after 973
the private contractor has submitted to the bureau of criminal 974
identification and investigation, on a form prescribed by the 975
superintendent of the bureau, a request that the bureau conduct a 976
criminal records check of the person and a requirement that the 977
private contractor will not employ any person at the facility if 978
the records check or other information possessed by the 979
contractor indicates that the person previously has engaged in 980
malfeasance; 981
(15)(16) A requirement that the private contractor will 983
not accept for housing, and will not house, in the correctional 984
facility any out-of-state prisoner unless the private contractor 985
and the out-of-state jurisdiction that imposed the sentence for 986
which the prisoner is to be confined agree that, if the 987
out-of-state prisoner is confined in the facility in this state, 988
commits a criminal offense while confined in the facility, is 989
26
convicted of or pleads guilty to that offense, and is sentenced 990
to a term of confinement for that offense but is not sentenced to 991
death for that offense, the private contractor and the 992
out-of-state jurisdiction will do all of the following: 993
(a) Unless section 5120.50 of the Revised Code does not 996
apply in relation to the offense the prisoner committed while
confined in this state and the term of confinement imposed for 998
that offense, the out-of-state jurisdiction will accept the 1,000
prisoner pursuant to that section for service of that term of 1,002
confinement and for any period of time remaining under the
sentence for which the prisoner was confined in the facility in 1,003
this state, the out-of-state jurisdiction will confine the 1,004
prisoner pursuant to that section for that term and that 1,005
remaining period of time, and the private contractor will 1,006
transport the prisoner to the out-of-state jurisdiction for 1,007
service of that term and that remaining period of time. 1,008
(b) If section 5120.50 of the Revised Code does not apply 1,010
in relation to the offense the prisoner committed while confined 1,011
in this state and the term of confinement imposed for that 1,012
offense, the prisoner shall be returned to the out-of-state 1,013
jurisdiction or its private contractor for completion of the 1,014
period of time remaining under the out-of-state sentence for 1,016
which the prisoner was confined in the facility in this state
before starting service of the term of confinement imposed for 1,018
the offense committed while confined in this state, the 1,019
out-of-state jurisdiction or its private contractor will confine 1,020
the prisoner for that remaining period of time and will transport
the prisoner outside of this state for service of that remaining 1,021
period of time, and, if the prisoner is confined in this state in 1,023
a facility operated by the department of rehabilitation and 1,024
correction, the private contractor will be financially
responsible for reimbursing the department at the per diem cost 1,025
of confinement for the duration of that incarceration, with the 1,026
amount of the reimbursement so paid to be deposited in the 1,027
27
department's prisoner programs fund. 1,028
(16)(17) A requirement that the private contractor, prior 1,031
to housing any out-of-state prisoner in the correctional facility 1,032
under the contract, enter into an agreement with the local public 1,033
entity that sets forth a conversion plan that will be followed 1,034
if, for any reason, the facility is closed or ceases to operate. 1,035
The conversion plan shall include, but is not limited to, 1,036
provisions that specify whether the private contractor, the local 1,037
public entity, or the out-of-state jurisdictions that imposed the 1,038
sentences for which the out-of-state prisoners are confined in 1,039
the facility will be responsible for housing and transporting the 1,040
prisoners who are in the facility at the time it is closed or 1,041
ceases to operate and for the cost of so housing and transporting 1,042
those prisoners.
(17)(18) A schedule of fines that the local public entity 1,044
shall impose upon the private contractor if the private 1,046
contractor fails to perform its contractual duties, and a 1,047
requirement that, if the private contractor fails to perform its 1,048
contractual duties, the local public entity shall impose a fine 1,050
on the private contractor from the schedule of fines and, in
addition to the fine, may exercise any other rights it has under 1,052
the contract. Division (F)(2) of this section applies regarding 1,053
a fine described in this division.
(18)(19) A requirement that the private contractor adopt 1,055
and use in the correctional facility the drug testing and 1,057
treatment program that the department of rehabilitation and 1,058
correction uses for inmates in state correctional institutions; 1,059
(20) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE 1,062
CLOTHING FOR ALL OUT-OF-STATE PRISONERS HOUSED IN THE 1,063
CORRECTIONAL FACILITY THAT IS CONSPICUOUS IN ITS COLOR, STYLE, OR 1,064
COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES ITS WEARER AS A 1,065
PRISONER, AND THAT IS READILY DISTINGUISHABLE FROM CLOTHING OF A 1,066
NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY BY
NON-PRISONERS, THAT THE PRIVATE CONTRACTOR REQUIRE ALL 1,067
28
OUT-OF-STATE PRISONERS HOUSED IN THE FACILITY TO WEAR THE 1,068
CLOTHING SO PROVIDED, AND THAT THE PRIVATE CONTRACTOR NOT PERMIT 1,069
ANY OUT-OF-STATE PRISONER, WHILE INSIDE OR ON THE PREMISES OF THE 1,071
FACILITY, TO WEAR ANY CLOTHING OF A NATURE THAT DOES NOT
CONSPICUOUSLY IDENTIFY ITS WEARER AS A PRISONER AND THAT NORMALLY 1,073
IS WORN OUTSIDE THE FACILITY BY NON-PRISONERS;
(21) A REQUIREMENT THAT, AT THE TIME THE CONTRACT IS MADE, 1,075
THE PRIVATE CONTRACTOR PROVIDE TO ALL PARTIES TO THE CONTRACT 1,076
ADEQUATE PROOF THAT IT HAS COMPLIED WITH THE REQUIREMENT 1,077
DESCRIBED IN DIVISION (D)(9) OF THIS SECTION, AND A REQUIREMENT 1,078
THAT, AT ANY TIME DURING THE TERM OF THE CONTRACT, THE PRIVATE 1,079
CONTRACTOR UPON REQUEST PROVIDE TO ANY PARTY TO THE CONTRACT 1,080
ADEQUATE PROOF THAT IT CONTINUES TO BE IN COMPLIANCE WITH THE 1,081
REQUIREMENT DESCRIBED IN DIVISION (D)(9) OF THIS SECTION. 1,082
(E) A private correctional officer or other designated 1,085
employee of a private contractor that operates a correctional 1,086
facility that houses out-of-state prisoners in this state under a 1,087
contract entered into prior to, on, or after the effective date 1,088
of this section MARCH 17, 1998, may carry and use firearms in the 1,090
course of the officer's or employee's employment only if the 1,091
officer or employee is certified as having satisfactorily 1,092
completed an approved training program designed to qualify 1,094
persons for positions as special police officers, security
guards, or persons otherwise privately employed in a police 1,095
capacity, as described in division (A) of section 109.78 of the 1,097
Revised Code.
(F)(1) Upon notification by the private contractor of an 1,100
escape from, or of a disturbance at, a correctional facility that 1,101
is operated by a private contractor under a contract entered into 1,102
prior to, on, or after the effective date of this section MARCH 1,104
17, 1998, and that houses out-of-state prisoners in this state, 1,105
the department of rehabilitation and correction and state and 1,107
local law enforcement agencies shall use all reasonable means to 1,108
recapture persons who escaped from the facility or quell any 1,109
29
disturbance at the facility, in accordance with the plan and 1,110
procedure included in the written agreement entered into under
division (D)(11)(12) of this section in relation to contracts 1,112
entered into on or after the effective date of this section MARCH 1,114
17, 1998, and in accordance with their normal procedures in 1,115
relation to contracts entered into prior to the effective date of 1,116
this section MARCH 17, 1998. Any cost incurred by this state or 1,118
a political subdivision of this state relating to the 1,119
apprehension of a person who escaped from the facility, to the 1,120
quelling of a disturbance at the facility, or to the
investigation or prosecution as described in division (G)(2) of 1,121
this section of any offense relating to the escape or disturbance 1,122
shall be chargeable to and borne by the private contractor. The 1,123
contractor also shall reimburse the state or its political 1,124
subdivisions for all reasonable costs incurred relating to the 1,125
temporary detention of a person who escaped from the facility, 1,126
following the person's recapture. 1,127
(2) If a private contractor that, on or after the 1,129
effective date of this section MARCH 17, 1998, enters into a 1,131
contract under this section with a local public entity for the 1,133
operation of a correctional facility that houses out-of-state
prisoners fails to perform its contractual duties, the local 1,135
public entity shall impose upon the private contractor a fine 1,136
from the schedule of fines included in the contract and may 1,137
exercise any other rights it has under the contract. A fine 1,138
imposed under this division shall be paid to the local public 1,139
entity that enters into the contract, and the local public entity 1,140
shall deposit the money so paid into its treasury to the credit 1,141
of the fund used to pay for community policing. If a fine is 1,142
imposed under this division, the local public entity may reduce 1,144
the payment owed to the private contractor pursuant to any 1,145
invoice in the amount of the fine.
(3) If a private contractor, on or after the effective 1,147
date of this section MARCH 17, 1998, enters into a contract under 1,149
30
this section with a local public entity for the operation of a
correctional facility that houses out-of-state prisoners in this 1,151
state, the private contractor shall comply with the insurance,
indemnification, hold harmless, and cost reimbursement provisions 1,152
described in division (D)(8)(9) of this section. 1,153
(G)(1) Any act or omission that would be a criminal 1,156
offense or a delinquent act if committed at a state correctional 1,157
institution or at a jail, workhouse, prison, or other 1,158
correctional facility operated by this state or by any political 1,159
subdivision or group of political subdivisions of this state 1,160
shall be a criminal offense or delinquent act if committed by or 1,161
with regard to any out-of-state prisoner who is housed at any 1,162
correctional facility operated by a private contractor in this 1,163
state pursuant to a contract entered into prior to, on, or after 1,164
the effective date of this section MARCH 17, 1998. 1,165
(2) If any political subdivision of this state experiences 1,168
any cost in the investigation or prosecution of an offense 1,169
committed by an out-of-state prisoner housed in a correctional 1,170
facility operated by a private contractor in this state pursuant 1,171
to a contract entered into prior to, on, or after the effective 1,172
date of this section MARCH 17, 1998, the private contractor shall 1,173
reimburse the political subdivision for the costs so experienced. 1,175
(3)(a) Except as otherwise provided in this division, the 1,177
state, and any officer or employee, as defined in section 109.36 1,178
of the Revised Code, of the state is not liable in damages in a 1,180
civil action for any injury, death, or loss to person or property 1,181
that allegedly arises from, or is related to, the establishment, 1,183
management, or operation of a correctional facility to house
out-of-state prisoners in this state pursuant to a contract 1,184
between a local public entity and an out-of-state jurisdiction, a 1,185
local public entity and a private contractor, or a private 1,186
contractor and an out-of-state jurisdiction that was entered into 1,187
prior to the effective date of this section MARCH 17, 1998, or 1,189
that is entered into on or after the effective date of this 1,190
31
section MARCH 17, 1998, in accordance with its provisions. The 1,193
immunity provided in this division does not apply regarding an 1,194
act or omission of an officer or employee, as defined in section
109.36 of the Revised Code, of the state that is manifestly 1,196
outside the scope of the officer's or employee's official 1,197
responsibilities or regarding an act or omission of the state, or 1,199
of an officer or employee, as so defined, of the state that is 1,200
undertaken with malicious purpose, in bad faith, or in a wanton 1,201
or reckless manner.
(b) Except as otherwise provided in this division, a 1,203
non-contracting political subdivision, and any employee, as 1,204
defined in section 2744.01 of the Revised Code, of a 1,206
non-contracting political subdivision is not liable in damages in 1,207
a civil action for any injury, death, or loss to person or 1,208
property that allegedly arises from, or is related to, the 1,209
establishment, management, or operation of a correctional 1,210
facility to house out-of-state prisoners in this state pursuant 1,211
to a contract between a local public entity other than the 1,212
non-contracting political subdivision and an out-of-state 1,213
jurisdiction, a local public entity other than the
non-contracting political subdivision and a private contractor, 1,215
or a private contractor and an out-of-state jurisdiction that was 1,216
entered into prior to the effective date of this section MARCH 1,218
17, 1998, or that is entered into on or after the effective date 1,219
of this section MARCH 17, 1998, in accordance with its 1,221
provisions. The immunity provided in this division does not 1,222
apply regarding an act or omission of an employee, as defined in 1,223
section 2744.01 of the Revised Code, of a non-contracting 1,224
political subdivision that is manifestly outside the scope of the 1,225
employee's employment or official responsibilities or regarding 1,226
an act or omission of a non-contracting political subdivision or 1,227
an employee, as so defined, of a non-contracting political 1,228
subdivision that is undertaken with malicious purpose, in bad 1,229
faith, or in a wanton or reckless manner.
32
(c) Divisions (G)(3)(a) and (b) of this section do not 1,233
affect any immunity or defense that the state and its officers 1,234
and employees or a non-contracting political subdivision and its 1,235
employees may be entitled to under another section of the Revised 1,236
Code or the common law of this state, including, but not limited
to, section 9.86 or Chapter 2744. of the Revised Code. 1,237
(H)(1) Upon the completion of an out-of-state prisoner's 1,239
term of detention at a correctional facility operated by a 1,240
private contractor in this state pursuant to a contract entered 1,241
into prior to, on, or after the effective date of this section 1,243
MARCH 17, 1998, the operator of the correctional facility shall 1,244
transport the prisoner to the out-of-state jurisdiction that 1,245
imposed the sentence for which the prisoner was confined before 1,246
it releases the prisoner from its custody. 1,247
(2) No private contractor that operates and manages a 1,250
correctional facility housing out-of-state prisoners in this
state pursuant to a contract entered into prior to, on, or after 1,252
the effective date of this section MARCH 17, 1998, shall fail to 1,254
comply with division (H)(1) of this section.
(3) Whoever violates division (H)(2) of this section is 1,257
guilty of a misdemeanor of the first degree. 1,258
(I) Except as otherwise provided in this division, the 1,261
provisions of divisions (A) to (H) of this section apply in 1,262
relation to any correctional facility operated by a private 1,263
contractor in this state to house out-of-state prisoners, 1,264
regardless of whether the facility is operated pursuant to a 1,265
contract entered into prior to, on, or after the effective date 1,266
of this section MARCH 17, 1998. Division (C)(1) of this section 1,268
shall not apply in relation to any correctional facility for
housing out-of-state prisoners in this state that is operated by 1,269
a private contractor under a contract entered into with a local 1,270
public entity prior to the effective date of this section MARCH 1,271
17, 1998. If a private contractor operates a correctional 1,272
facility in this state for the housing of out-of-state prisoners 1,273
33
under a contract entered into with a local public entity prior to 1,274
the effective date of this section MARCH 17, 1998, no later than 1,275
one hundred eighty THIRTY days after the effective date of this 1,277
section AMENDMENT, the private contractor shall enter into a 1,279
contract with the local public entity that comports to the
requirements and criteria of division (D) of this section. 1,280
Sec. 9.08. THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL 1,282
CONDUCT AN ONGOING STUDY TO MONITOR THE PERFORMANCE OF ALL STATE 1,283
CORRECTIONAL FACILITIES THAT ARE PRIVATELY OPERATED AND MANAGED 1,284
PURSUANT TO SECTION 9.06 OF THE REVISED CODE, INCLUDING THE 1,285
FACILITIES LOCATED IN THE MUNICIPAL CORPORATIONS OF CONNEAUT AND 1,287
GRAFTON. THE DEPARTMENT SHALL DELINEATE THE SCOPE OF THE STUDY 1,288
AND MAY REVISE THE SCOPE OF THE STUDY WHEN APPROPRIATE. THE 1,289
DEPARTMENT SHALL MAKE REGULAR REPORTS CONTAINING THE FINDINGS OF 1,291
THE STUDY TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE 1,292
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER 1,293
OF THE SENATE. THE DEPARTMENT SHALL SUBMIT A REPORT AT LEAST 1,294
ONCE PER YEAR BUT MAY SUBMIT REPORTS AT MORE FREQUENT INTERVALS. 1,295
IN EACH REPORT, THE DEPARTMENT SHALL DESCRIBE THE CURRENT SCOPE 1,296
OF THE STUDY.
Sec. 101.30. (A) AS USED IN THIS SECTION: 1,298
(1) "LEGISLATIVE DOCUMENT" INCLUDES, BUT IS NOT LIMITED 1,300
TO, ALL OF THE FOLLOWING: 1,301
(a) A WORKING PAPER, WORK PRODUCT, CORRESPONDENCE, 1,303
PRELIMINARY DRAFT, NOTE, PROPOSED BILL OR RESOLUTION, PROPOSED 1,304
AMENDMENT TO A BILL OR RESOLUTION, ANALYSIS, OPINION, MEMORANDUM, 1,306
OR OTHER DOCUMENT IN WHATEVER FORM OR FORMAT PREPARED BY
LEGISLATIVE STAFF FOR A MEMBER OF THE GENERAL ASSEMBLY OR FOR 1,309
GENERAL ASSEMBLY STAFF; 1,310
(b) ANY DOCUMENT OR MATERIAL IN WHATEVER FORM OR FORMAT 1,312
PROVIDED BY A MEMBER OF THE GENERAL ASSEMBLY OR GENERAL ASSEMBLY 1,315
STAFF TO LEGISLATIVE STAFF THAT REQUESTS, OR THAT PROVIDES 1,316
INFORMATION OR MATERIALS TO ASSIST IN, THE PREPARATION OF ANY OF 1,317
THE ITEMS DESCRIBED IN DIVISION (A)(1)(a) OF THIS SECTION; 1,318
34
(c) ANY SUMMARY OF A BILL OR RESOLUTION OR OF AN AMENDMENT 1,320
TO A BILL OR RESOLUTION IN WHATEVER FORM OR FORMAT THAT IS 1,321
PREPARED BY OR IN THE POSSESSION OF A MEMBER OF THE GENERAL 1,322
ASSEMBLY OR GENERAL ASSEMBLY STAFF, IF THE SUMMARY IS PREPARED 1,323
BEFORE THE BILL, RESOLUTION, OR AMENDMENT IS FILED FOR 1,324
INTRODUCTION OR PRESENTED AT A COMMITTEE HEARING OR FLOOR 1,325
SESSION, AS APPLICABLE.
(2) "LEGISLATIVE STAFF" MEANS THE STAFF OF THE LEGISLATIVE 1,328
SERVICE COMMISSION, LEGISLATIVE BUDGET OFFICE OF THE LEGISLATIVE 1,330
SERVICE COMMISSION, OR ANY OTHER LEGISLATIVE AGENCY INCLUDED IN
THE LEGISLATIVE SERVICE COMMISSION BUDGET GROUP. 1,331
(3) "GENERAL ASSEMBLY STAFF" MEANS AN OFFICER OR EMPLOYEE 1,333
OF EITHER HOUSE OF THE GENERAL ASSEMBLY WHO ACTS ON BEHALF OF A 1,334
MEMBER OF THE GENERAL ASSEMBLY OR ON BEHALF OF A COMMITTEE OR 1,335
EITHER HOUSE OF THE GENERAL ASSEMBLY.
(B) LEGISLATIVE STAFF SHALL MAINTAIN A CONFIDENTIAL 1,338
RELATIONSHIP WITH EACH MEMBER OF THE GENERAL ASSEMBLY, AND WITH 1,339
EACH MEMBER OF THE GENERAL ASSEMBLY STAFF, WITH RESPECT TO 1,341
COMMUNICATIONS BETWEEN THE MEMBER OF THE GENERAL ASSEMBLY OR
GENERAL ASSEMBLY STAFF AND LEGISLATIVE STAFF. EXCEPT AS 1,343
OTHERWISE PROVIDED IN THIS DIVISION AND DIVISION (C) OF THIS 1,344
SECTION, A LEGISLATIVE DOCUMENT ARISING OUT OF THIS CONFIDENTIAL 1,345
RELATIONSHIP IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 1,346
149.43 OF THE REVISED CODE. WHEN IT IS IN THE PUBLIC INTEREST 1,348
AND WITH THE CONSENT OF THE COMMISSION, THE DIRECTOR OF THE 1,349
COMMISSION MAY RELEASE TO THE PUBLIC ANY LEGISLATIVE DOCUMENT IN 1,350
THE POSSESSION OF THE COMMISSION STAFF ARISING OUT OF A 1,351
CONFIDENTIAL RELATIONSHIP WITH A FORMER MEMBER OF THE GENERAL 1,352
ASSEMBLY OR FORMER MEMBER OF THE GENERAL ASSEMBLY STAFF WHO IS
NOT AVAILABLE TO MAKE THE LEGISLATIVE DOCUMENT A PUBLIC RECORD AS 1,354
PROVIDED IN DIVISION (C) OF THIS SECTION BECAUSE OF DEATH OR 1,355
DISABILITY, WHOM THE DIRECTOR IS UNABLE TO CONTACT FOR THAT
PURPOSE, OR WHO FAILS TO RESPOND TO THE DIRECTOR AFTER THE 1,356
DIRECTOR HAS MADE A REASONABLE NUMBER OF ATTEMPTS TO MAKE SUCH 1,357
35
CONTACT.
(C)(1) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR 1,360
PURPOSES OF SECTION 149.43 OF THE REVISED CODE IF IT IS AN 1,362
ANALYSIS, SYNOPSIS, FISCAL NOTE, OR LOCAL IMPACT STATEMENT 1,363
PREPARED BY LEGISLATIVE STAFF THAT IS REQUIRED TO BE PREPARED BY 1,364
LAW, OR BY A RULE OF EITHER HOUSE OF THE GENERAL ASSEMBLY, FOR 1,365
THE BENEFIT OF THE MEMBERS OF EITHER OR BOTH OF THOSE HOUSES OR 1,366
ANY LEGISLATIVE COMMITTEE AND IF IT HAS BEEN PRESENTED TO THOSE 1,367
MEMBERS.
(2) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR PURPOSES 1,370
OF SECTION 149.43 OF THE REVISED CODE IF A MEMBER OF THE GENERAL 1,372
ASSEMBLY FOR WHOM LEGISLATIVE STAFF PREPARED THE LEGISLATIVE 1,374
DOCUMENT DOES ANY OF THE FOLLOWING:
(a) FILES IT FOR INTRODUCTION WITH THE CLERK OF THE SENATE 1,377
OR THE CLERK OF THE HOUSE OF REPRESENTATIVES, IF IT IS A BILL OR 1,378
RESOLUTION;
(b) PRESENTS IT AT A COMMITTEE HEARING OR FLOOR SESSION, 1,381
IF IT IS AN AMENDMENT TO A BILL OR RESOLUTION OR IS A SUBSTITUTE 1,382
BILL OR RESOLUTION;
(c) RELEASES IT, OR AUTHORIZES GENERAL ASSEMBLY STAFF OR 1,384
LEGISLATIVE STAFF TO RELEASE IT, TO THE PUBLIC. 1,385
Sec. 101.301. (A) AS USED IN THIS SECTION, "CAUCUS" MEANS 1,387
ALL OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES, OR ALL OF THE 1,388
MEMBERS OF THE SENATE, WHO ARE MEMBERS OF THE SAME POLITICAL 1,389
PARTY.
(B) NOTWITHSTANDING ANY CONTRARY PROVISION OF SECTION 1,391
2317.021 OF THE REVISED CODE, THE MEMBERS OF THE GENERAL ASSEMBLY 1,392
WHO ARE MEMBERS OF A CAUCUS, AND THE OFFICERS AND EMPLOYEES OF 1,393
THE GENERAL ASSEMBLY WHO EITHER SERVE THAT CAUCUS OR SERVE THE 1,394
MEMBERS OF THE GENERAL ASSEMBLY WHO ARE MEMBERS OF THAT CAUCUS, 1,395
ARE CLIENTS, FOR PURPOSES OF THE ATTORNEY-CLIENT TESTIMONIAL 1,396
PRIVILEGE SPECIFIED IN DIVISION (A) OF SECTION 2317.02 OF THE 1,397
REVISED CODE AND FOR PURPOSES OF ANY OTHER STATUTORY OR COMMON 1,399
LAW ATTORNEY-CLIENT PRIVILEGE RECOGNIZED IN THIS STATE, OF THE 1,400
36
EMPLOYEE OF THE HOUSE OF REPRESENTATIVES OR SENATE WHO SERVES AS 1,402
THE LEGAL COUNSEL FOR THAT CAUCUS.
Sec. 102.02. (A) Except as otherwise provided in division 1,411
(H) of this section, every person who is elected to or is a 1,412
candidate for a state, county, or city office, or the office of 1,413
member of the United States congress, and every person who is 1,414
appointed to fill a vacancy for an unexpired term in such an 1,415
elective office; all members of the state board of education; the 1,417
director, assistant directors, deputy directors, division chiefs, 1,418
or persons of equivalent rank of any administrative department of 1,419
the state; the president or other chief administrative officer of 1,420
every state institution of higher education as defined in section 1,421
3345.011 of the Revised Code; the chief executive officer of each 1,422
state retirement system; all members of the board of 1,423
commissioners on grievances and discipline of the supreme court 1,424
and the ethics commission created under section 102.05 of the 1,425
Revised Code; every business manager, treasurer, or 1,426
superintendent of a city, local, exempted village, joint 1,427
vocational, or cooperative education school district or an 1,428
educational service center; every person who is elected to or is 1,429
a candidate for the office of member of a board of education of a 1,430
city, local, exempted village, joint vocational, or cooperative 1,431
education school district or of a governing board of an 1,432
educational service center that has a total student count of 1,433
twelve thousand or more as most recently determined by the 1,434
department of education pursuant to section 3317.03 of the 1,436
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 1,437
or (F) of section 3311.71 of the Revised Code; all members of the 1,438
board of directors of a sanitary district established under 1,439
Chapter 6115. of the Revised Code and organized wholly for the 1,440
purpose of providing a water supply for domestic, municipal, and 1,442
public use that includes two municipal corporations in two 1,443
counties; every public official or employee who is paid a salary 1,445
37
or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; and every 1,446
other public official or employee who is designated by the 1,447
appropriate ethics commission pursuant to division (B) of this 1,448
section shall file with the appropriate ethics commission on a 1,449
form prescribed by the commission, a statement disclosing all of 1,450
the following: 1,451
(1) The name of the person filing the statement and each 1,453
member of the person's immediate family and all names under which 1,455
the person or members of the person's immediate family do 1,456
business; 1,457
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 1,459
section and except as otherwise provided in section 102.022 of 1,460
the Revised Code, identification of every source of income, other 1,461
than income from a legislative agent identified in division 1,462
(A)(2)(b) of this section, received during the preceding calendar 1,463
year, in the person's own name or by any other person for the 1,465
person's use or benefit, by the person filing the statement, and 1,466
a brief description of the nature of the services for which the 1,467
income was received. If the person filing the statement is a 1,468
member of the general assembly, the statement shall identify the 1,469
amount of every source of income received in accordance with the 1,470
following ranges of amounts: zero or more, but less than one 1,471
thousand dollars; one thousand dollars or more, but less than ten 1,472
thousand dollars; ten thousand dollars or more, but less than 1,473
twenty-five thousand dollars; twenty-five thousand dollars or 1,474
more, but less than fifty thousand dollars; fifty thousand 1,475
dollars or more, but less than one hundred thousand dollars; and 1,476
one hundred thousand dollars or more. Division (A)(2)(a) of this 1,477
section shall not be construed to require a person filing the 1,478
statement who derives income from a business or profession to 1,479
disclose the individual items of income that constitute the gross 1,480
income of that business or profession, except for those 1,481
individual items of income that are attributable to the person's 1,482
38
or, if the income is shared with the person, the partner's, 1,483
solicitation of services or goods or performance, arrangement, or 1,484
facilitation of services or provision of goods on behalf of the 1,485
business or profession of clients, including corporate clients, 1,486
who are legislative agents as defined in section 101.70 of the 1,487
Revised Code. A person who files the statement under this 1,488
section shall disclose the identity of and the amount of income 1,489
received from a person who the public official or employee knows 1,491
or has reason to know is doing or seeking to do business of any 1,492
kind with the public official's or employee's agency. 1,493
(b) If the person filing the statement is a member of the 1,495
general assembly, the statement shall identify every source of 1,496
income and the amount of that income that was received from a 1,497
legislative agent, as defined in section 101.70 of the Revised 1,498
Code, during the preceding calendar year, in the person's own 1,500
name or by any other person for the person's use or benefit, by 1,501
the person filing the statement, and a brief description of the 1,503
nature of the services for which the income was received. 1,504
Division (A)(2)(b) of this section requires the disclosure of 1,505
clients of attorneys or persons licensed under section 4732.12 of 1,506
the Revised Code, or patients of persons certified under section 1,507
4731.14 of the Revised Code, if those clients or patients are 1,508
legislative agents. Division (A)(2)(b) of this section requires 1,509
a person filing the statement who derives income from a business 1,510
or profession to disclose those individual items of income that 1,511
constitute the gross income of that business or profession that 1,512
are received from legislative agents. 1,513
(c) Except as otherwise provided in division (A)(2)(c) of 1,515
this section, division (A)(2)(a) of this section applies to 1,516
attorneys, physicians, and other persons who engage in the 1,517
practice of a profession and who, pursuant to a section of the 1,518
Revised Code, the common law of this state, a code of ethics 1,519
applicable to the profession, or otherwise, generally are 1,520
required not to reveal, disclose, or use confidences of clients, 1,521
39
patients, or other recipients of professional services except 1,522
under specified circumstances or generally are required to 1,523
maintain those types of confidences as privileged communications 1,524
except under specified circumstances. Division (A)(2)(a) of this 1,525
section does not require an attorney, physician, or other 1,526
professional subject to a confidentiality requirement as 1,527
described in division (A)(2)(c) of this section to disclose the 1,528
name, other identity, or address of a client, patient, or other 1,529
recipient of professional services if the disclosure would 1,530
threaten the client, patient, or other recipient of professional 1,531
services, would reveal details of the subject matter for which 1,532
legal, medical, or professional advice or other services were 1,533
sought, or would reveal an otherwise privileged communication 1,534
involving the client, patient, or other recipient of professional 1,535
services. Division (A)(2)(a) of this section does not require an 1,536
attorney, physician, or other professional subject to a 1,537
confidentiality requirement as described in division (A)(2)(c) of 1,538
this section to disclose in the brief description of the nature 1,539
of services required by division (A)(2)(a) of this section any 1,540
information pertaining to specific professional services rendered 1,541
for a client, patient, or other recipient of professional 1,542
services that would reveal details of the subject matter for 1,543
which legal, medical, or professional advice was sought or would 1,544
reveal an otherwise privileged communication involving the 1,545
client, patient, or other recipient of professional services. 1,546
(3) The name of every corporation on file with the 1,548
secretary of state that is incorporated in this state or holds a 1,550
certificate of compliance authorizing it to do business in this 1,551
state, trust, business trust, partnership, or association that 1,552
transacts business in this state in which the person filing the 1,554
statement or any other person for the person's use and benefit 1,555
had during the preceding calendar year an investment of over one 1,556
thousand dollars at fair market value as of the thirty-first day 1,557
of December of the preceding calendar year, or the date of 1,558
40
disposition, whichever is earlier, or in which the person holds 1,559
any office or has a fiduciary relationship, and a description of 1,560
the nature of the investment, office, or relationship. Division 1,561
(A)(3) of this section does not require disclosure of the name of 1,563
any bank, savings and loan association, credit union, or building 1,564
and loan association with which the person filing the statement 1,565
has a deposit or a withdrawable share account. 1,566
(4) All fee simple and leasehold interests to which the 1,568
person filing the statement holds legal title to or a beneficial 1,569
interest in real property located within the state, excluding the 1,570
person's residence and property used primarily for personal 1,571
recreation; 1,572
(5) The names of all persons residing or transacting 1,574
business in the state to whom the person filing the statement 1,575
owes, in the person's own name or in the name of any other 1,576
person, more than one thousand dollars. Division (A)(5) of this 1,579
section shall not be construed to require the disclosure of debts 1,580
owed by the person resulting from the ordinary conduct of a 1,581
business or profession or debts on the person's residence or real 1,582
property used primarily for personal recreation, except that the 1,583
superintendent of financial institutions shall disclose the names 1,585
of all state-chartered savings and loan associations and of all 1,587
service corporations subject to regulation under division (E)(2) 1,588
of section 1151.34 of the Revised Code to whom the superintendent 1,589
in the superintendent's own name or in the name of any other 1,590
person owes any money, and that the superintendent and any deputy 1,592
superintendent of banks shall disclose the names of all 1,593
state-chartered banks and all bank subsidiary corporations 1,594
subject to regulation under section 1109.44 of the Revised Code 1,595
to whom the superintendent or deputy superintendent owes any 1,596
money.
(6) The names of all persons residing or transacting 1,598
business in the state, other than a depository excluded under 1,599
division (A)(3) of this section, who owe more than one thousand 1,601
41
dollars to the person filing the statement, either in the 1,602
person's own name or to any person for the person's use or 1,604
benefit. Division (A)(6) of this section shall not be construed 1,606
to require the disclosure of clients of attorneys or persons 1,607
licensed under section 4732.12 or 4732.15 of the Revised Code, or 1,608
patients of persons certified under section 4731.14 of the 1,609
Revised Code, nor the disclosure of debts owed to the person 1,610
resulting from the ordinary conduct of a business or profession. 1,611
(7) Except as otherwise provided in section 102.022 of the 1,613
Revised Code, the source of each gift of over seventy-five 1,614
dollars, or of each gift of over twenty-five dollars received by 1,615
a member of the general assembly from a legislative agent, 1,616
received by the person in the person's own name or by any other 1,618
person for the person's use or benefit during the preceding 1,619
calendar year, except gifts received by will or by virtue of 1,621
section 2105.06 of the Revised Code, or received from spouses, 1,622
parents, grandparents, children, grandchildren, siblings, 1,623
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 1,624
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 1,625
any person to whom the person filing the statement stands in loco 1,626
parentis, or received by way of distribution from any inter vivos 1,627
or testamentary trust established by a spouse or by an ancestor; 1,628
(8) Except as otherwise provided in section 102.022 of the 1,630
Revised Code, identification of the source and amount of every 1,631
payment of expenses incurred for travel to destinations inside or 1,632
outside this state that is received by the person in the person's 1,634
own name or by any other person for the person's use or benefit 1,635
and that is incurred in connection with the person's official 1,637
duties except for expenses for travel to meetings or conventions 1,638
of a national or state organization to which either house of the 1,639
general assembly, any legislative agency, a state institution of 1,640
higher education as defined in section 3345.031 of the Revised 1,641
Code, any other state agency, or any political subdivision or any 1,642
office or agency of a political subdivision pays membership dues; 1,643
42
(9) Except as otherwise provided in section 102.022 of the 1,645
Revised Code, identification of the source of payment of expenses 1,646
for meals and other food and beverages, other than for meals and 1,647
other food and beverages provided at a meeting at which the 1,648
person participated in a panel, seminar, or speaking engagement 1,649
or at a meeting or convention of a national or state organization 1,650
to which either house of the general assembly, any legislative 1,651
agency, a state institution of higher education as defined in 1,652
section 3345.031 of the Revised Code, any other state agency, or 1,653
any political subdivision or any office or agency of a political 1,654
subdivision pays membership dues, that are incurred in connection 1,655
with the person's official duties and that exceed one hundred 1,656
dollars aggregated per calendar year; 1,657
(10) If the financial disclosure statement is filed by a 1,659
public official or employee described in division (B)(2) of 1,660
section 101.73 of the Revised Code or division (B)(2) of section 1,661
121.63 of the Revised Code who receives a statement from a 1,662
legislative agent, executive agency lobbyist, or employer that 1,663
contains the information described in division (F)(2) of section 1,664
101.73 of the Revised Code or division (G)(2) of section 121.63 1,665
of the Revised Code, all of the nondisputed information contained 1,666
in the statement delivered to that public official or employee by 1,667
the legislative agent, executive agency lobbyist, or employer 1,668
under division (F)(2) of section 101.73 or (G)(2) of section 1,669
121.63 of the Revised Code. As used in division (A)(10) of this 1,670
section, "legislative agent," "executive agency lobbyist," and 1,673
"employer" have the same meanings as in sections 101.70 and
121.60 of the Revised Code. 1,674
A person may file a statement required by this section in 1,676
person or by mail. A person who is a candidate for elective 1,677
office shall file the statement no later than the thirtieth day 1,679
before the primary, special, or general election at which the 1,681
candidacy is to be voted on, whichever election occurs soonest, 1,683
except that a person who is a write-in candidate shall file the 1,684
43
statement no later than the twentieth day before the earliest 1,685
election at which the person's candidacy is to be voted on. A 1,687
person who holds elective office shall file the statement on or 1,688
before the fifteenth day of April of each year unless the person 1,690
is a candidate for office. A person who is appointed to fill a 1,692
vacancy for an unexpired term in an elective office shall file 1,693
the statement within fifteen days after the person qualifies for 1,695
office. Other persons shall file an annual statement on or 1,697
before the fifteenth day of April or, if appointed or employed 1,698
after that date, within ninety days after appointment or 1,699
employment. No person shall be required to file with the 1,700
appropriate ethics commission more than one statement or pay more 1,701
than one filing fee for any one calendar year. 1,702
The appropriate ethics commission, for good cause, may 1,704
extend for a reasonable time the deadline for filing a disclosure 1,705
statement under this section. 1,706
A statement filed under this section is subject to public 1,708
inspection at locations designated by the appropriate ethics 1,709
commission except as otherwise provided in this section. 1,710
(B) The Ohio ethics commission, the joint legislative 1,712
ethics committee, and the board of commissioners on grievances 1,713
and discipline of the supreme court, using the rule-making 1,714
procedures of Chapter 119. of the Revised Code, may require any 1,715
class of public officials or employees under its jurisdiction and 1,716
not specifically excluded by this section whose positions involve 1,717
a substantial and material exercise of administrative discretion 1,718
in the formulation of public policy, expenditure of public funds, 1,719
enforcement of laws and rules of the state or a county or city, 1,720
or the execution of other public trusts, to file an annual 1,721
statement on or before the fifteenth day of April under division 1,722
(A) of this section. The appropriate ethics commission shall 1,723
send the public officials or employees written notice of the 1,724
requirement by the fifteenth day of February of each year the 1,725
filing is required unless the public official or employee is 1,726
44
appointed after that date, in which case the notice shall be sent 1,727
within thirty days after appointment, and the filing shall be 1,728
made not later than ninety days after appointment. 1,729
Disclosure statements filed under this division with the 1,731
Ohio ethics commission by members of boards, commissions, or 1,732
bureaus of the state for which no compensation is received other 1,733
than reasonable and necessary expenses shall be kept 1,734
confidential. Disclosure statements filed with the Ohio ethics 1,736
commission under division (A) of this section by business 1,737
managers, treasurers, and superintendents of city, local, 1,738
exempted village, joint vocational, or cooperative education 1,739
school districts or educational service centers shall be kept 1,740
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 1,741
of the Revised Code may examine the disclosure statement of any 1,742
business manager, treasurer, or superintendent of that school 1,743
district or educational service center. The Ohio ethics 1,744
commission shall examine each disclosure statement required to be 1,745
kept confidential to determine whether a potential conflict of 1,746
interest exists for the person who filed the disclosure 1,747
statement. A potential conflict of interest exists if the 1,748
private interests of the person, as indicated by the person's 1,749
disclosure statement, might interfere with the public interests 1,751
the person is required to serve in the exercise of the person's 1,752
authority and duties in the person's office or position of 1,753
employment. If the commission determines that a potential 1,754
conflict of interest exists, it shall notify the person who filed 1,755
the disclosure statement and shall make the portions of the 1,756
disclosure statement that indicate a potential conflict of 1,757
interest subject to public inspection in the same manner as is 1,758
provided for other disclosure statements. Any portion of the 1,759
disclosure statement that the commission determines does not 1,760
indicate a potential conflict of interest shall be kept 1,761
confidential by the commission and shall not be made subject to 1,762
45
public inspection, except as is necessary for the enforcement of 1,763
Chapters 102. and 2921. of the Revised Code and except as 1,764
otherwise provided in this division. 1,765
(C) No person shall knowingly fail to file, on or before 1,767
the applicable filing deadline established under this section, a 1,768
statement that is required by this section. 1,769
(D) No person shall knowingly file a false statement that 1,771
is required to be filed under this section. 1,772
(E)(1) Except as provided in divisions (E)(2) and (3) of 1,774
this section, on and after March 2, 1994, the statement required 1,775
by division (A) or (B) of this section shall be accompanied by a 1,777
filing fee of twenty-five dollars. 1,778
(2) The statement required by division (A) of this section 1,780
shall be accompanied by a filing fee to be paid by the person who 1,781
is elected or appointed to or is a candidate for any of the 1,782
following offices: 1,783
For state office, except member of 1,785
state board of education $50 1,786
For office of member of United States 1,787
congress or member of general assembly $25 1,788
For county office $25 1,789
For city office $10 1,790
For office of member of state board 1,791
of education $10 1,792
For office of member of city, local, 1,793
exempted village, or cooperative 1,794
education board of 1,795
education or educational service 1,796
center governing board $ 5 1,797
For position of business manager, 1,798
treasurer, or superintendent of 1,799
city, local, exempted village, joint 1,800
vocational, or cooperative education 1,801
school district or 1,802
46
educational service center $ 5 1,803
(3) No judge of a court of record or candidate for judge 1,805
of such a court, and no referee or magistrate serving a court of 1,806
record, shall be required to pay the fee required under division 1,807
(E)(1) or (2) or (F) of this section. 1,808
(4) For any public official who is appointed to a 1,810
nonelective office of the state and for any employee who holds a 1,811
nonelective position in a public agency of the state, the state 1,812
agency that is the primary employer of the state official or 1,813
employee shall pay the fee required under division (E)(1) or (F) 1,814
of this section. 1,815
(F) If a statement required to be filed under this section 1,817
is not filed by the date on which it is required to be filed, the 1,818
appropriate ethics commission shall assess the person required to 1,819
file the statement a late filing fee equal to one-half of the 1,820
applicable filing fee for each day the statement is not filed, 1,821
except that the total amount of the late filing fee shall not 1,822
exceed one hundred dollars. 1,823
(G)(1) The appropriate ethics commission other than the 1,825
Ohio ethics commission shall deposit all fees it receives under 1,826
divisions (E) and (F) of this section into the general revenue 1,827
fund of the state. 1,828
(2) The Ohio ethics commission shall deposit all RECEIPTS, 1,830
INCLUDING, BUT NOT LIMITED TO, fees it receives under divisions 1,832
(E) and (F) of this section and all moneys it receives from 1,833
settlements under division (G) of section 102.06 of the Revised 1,834
Code, into the Ohio ethics commission fund, which is hereby 1,835
created in the state treasury. All moneys credited to the fund 1,836
shall be used solely for expenses related to the operation AND 1,837
STATUTORY FUNCTIONS of the commission.
(H) Division (A) of this section does not apply to a 1,839
person elected or appointed to the office of precinct, ward, or 1,840
district committee member under Chapter 3517. of the Revised 1,841
Code; a presidential elector; a delegate to a national 1,842
47
convention; village or township officials and employees; any 1,843
physician or psychiatrist who is paid a salary or wage in 1,844
accordance with schedule C of section 124.15 or schedule E-2 of 1,845
section 124.152 of the Revised Code and whose primary duties do 1,846
not require the exercise of administrative discretion; or any 1,847
member of a board, commission, or bureau of any county or city 1,848
who receives less than one thousand dollars per year for serving 1,849
in that position. 1,850
Sec. 103.143. In addition to its duties under section 1,859
103.14 of the Revised Code, the legislative budget office of the 1,860
legislative service commission shall, in accordance with this 1,861
section, review all bills assigned to a committee of the general 1,862
assembly, complete the appropriate local impact statements 1,863
required by this section, and compile and distribute these 1,864
statements as required by division (D) of this section. 1,865
(A) Subject to division (F) of this section, whenever any 1,868
bill is introduced into either house of the general assembly and 1,869
receives second consideration pursuant to the rules of that 1,870
house, the bill shall be reviewed immediately by the legislative 1,871
budget officer. Upon completing this review, the legislative 1,872
budget officer shall determine whether the bill could result in a 1,873
net additional cost to school districts, counties, townships, or 1,874
municipal corporations from any new or expanded program or 1,875
service that school districts, counties, townships, or municipal 1,876
corporations would be required to perform or administer under the 1,877
bill. If the legislative budget officer determines that it could 1,879
result in such a cost, the legislative budget office shall 1,880
prepare a local impact statement in the manner specified in this 1,881
section. Immediately upon determining the potential for a net 1,882
additional cost, the legislative budget officer shall notify the 1,883
sponsor of the bill, the chairperson of the committee to which 1,884
the bill has been assigned, and the presiding officer and 1,885
minority leader of the house in which the bill originates of the 1,886
legislative budget officer's determination by signing and dating 1,888
48
a statement to be delivered to them. 1,889
If a local impact statement is required, the legislative 1,891
budget office shall, as soon as possible but no later than thirty 1,892
days after the date the bill is scheduled for a first hearing in 1,893
a committee in the house in which the bill was introduced or no 1,894
later than thirty days after being requested to do so by the 1,895
chairperson of such a committee, prepare a statement containing 1,897
the most accurate estimate possible, in dollars, of the net
additional costs, if any, that will be required of school 1,898
districts, counties, townships, or municipal corporations to 1,899
perform or administer a new or expanded program or service 1,900
required under the bill. Copies of this statement shall be sent 1,901
to the governor, the speaker of the house of representatives, the 1,902
president of the senate, the sponsor of the bill, the minority 1,903
leader in both houses, and the chairperson of the committee to 1,905
which the bill has been assigned. 1,906
No bill for which a local impact statement is required by 1,908
this section shall be voted out of committee until after the 1,909
committee members have received and considered the statement or, 1,910
if the bill was amended in committee, the revised statement, 1,911
unless the bill is voted out of committee by a two-thirds vote of 1,912
the membership of the committee. 1,913
(B) In preparing a local impact statement, the legislative 1,915
budget office may request any department, division, institution, 1,916
board, commission, authority, bureau, or other instrumentality or 1,917
officer of the state, a school district, a county, a municipal 1,918
corporation, or a township to provide any of the following 1,919
information: 1,920
(1) An estimate, in dollars, of the amount by which the 1,922
bill would increase or decrease the revenues received or 1,923
expenditures made by the instrumentality, officer, or entity; 1,924
(2) Any other information the legislative budget office 1,926
considers necessary for it to understand or explain the fiscal 1,927
effect of the bill. 1,928
49
An instrumentality, officer, or entity shall comply with a 1,930
request as soon as reasonably possible, but not later than 1,931
fifteen days, after receiving it. The legislative budget office 1,932
shall specify the manner of compliance in its request, and if 1,933
necessary may specify a period of time longer than fifteen days 1,934
for compliance. The legislative budget office may consider any 1,935
information provided under division (B)(1) or (2) of this section 1,936
in preparing a local impact statement. 1,937
(C) Any time a bill is amended, the legislative budget 1,939
office shall, as soon as reasonably possible, revise the local 1,940
impact statement to reflect changes made by amendment. 1,941
(D) The legislative budget office shall annually compile 1,943
the final local impact statements completed for all laws passed 1,944
by both houses of the general assembly in the preceding year. It 1,945
shall send a copy of this compilation as a draft report to the 1,946
state and local government commission and to associations or 1,947
nonprofit organizations formed for the improvement of school 1,948
districts or municipal, township, or county government or for 1,949
their elected officials by the last day of July of each year. 1,950
Upon receiving the draft report, the state and local government 1,951
commission shall solicit comments from these associations and 1,952
organizations about the actual fiscal impact of bills passed 1,953
during the year covered by the report. The commission shall 1,954
review and comment on the draft report before returning it to the 1,955
legislative budget office, along with the comments of the 1,956
associations and organizations, by the last day of August. The 1,957
legislative budget office shall then prepare a final report 1,958
consisting of the compiled local impact statements and all 1,959
comments returned by the state and local government commission. 1,960
The final report shall be completed by the last day of September 1,961
and copies of the report shall be sent to the governor, the 1,962
speaker of the house of representatives, and the president of the 1,963
senate. 1,964
(E) As used in this section, "net additional cost" means 1,966
50
any cost incurred or anticipated to be incurred by a school 1,967
district, county, township, or municipal corporation in 1,968
performing or administering a new or expanded program or service 1,969
required by a state law other than any of the following: 1,970
(1) A cost arising from the exercise of authority granted 1,972
by a state law rather than from the performance of a duty or 1,973
obligation imposed by a state law; 1,974
(2) New duties or obligations that create only a minimal 1,976
cost for affected school districts, counties, townships, or 1,977
municipal corporations. The legislative budget office shall 1,978
determine what constitutes such a minimal cost. Before making 1,979
this determination, the legislative budget office shall notify 1,980
the state organizations that represent school districts, 1,981
counties, townships, and municipal corporations regarding the 1,982
proposed determination and provide a thirty-day period for these 1,983
organizations and individual school districts, counties, 1,984
townships, and municipal corporations to comment on it. 1,985
(3) A cost arising from a law passed as a result of a 1,987
federal mandate. 1,988
The amounts described in division (E)(2) of this section 1,990
include only the amounts remaining after subtracting from such 1,991
costs any revenues received or receivable by the school district, 1,992
county, township, or municipal corporation on account of the 1,993
program or service, including the following: 1,994
(a) Fees charged to the recipients of the program or 1,996
service; 1,997
(b) State or federal aid paid specifically or 1,999
categorically in connection with the program or service; 2,000
(c) Any offsetting savings resulting from the diminution 2,003
or elimination of any other program or service directly 2,004
attributable to the performance or administration of the required 2,005
program or service. 2,006
(F) This section does not apply to any of the following: 2,009
(1) The main biennial operating appropriations bill; 2,012
51
(2) The biennial operating appropriations bill for state 2,014
agencies supported by motor fuel tax revenue; 2,015
(3) The biennial operating appropriations bill or bills 2,017
for the bureau of workers' compensation and the industrial 2,018
commission; 2,019
(4) ANY OTHER BILL THAT MAKES THE PRINCIPAL BIENNIAL 2,021
OPERATING APPROPRIATIONS FOR ONE OR MORE STATE AGENCIES; 2,022
(5) The bill that primarily contains corrections and 2,024
supplemental appropriations to the biennial operating 2,025
appropriations bills; 2,026
(5)(6) The main biennial capital appropriations bill; 2,028
(6)(7) The bill that primarily contains reappropriations 2,030
from previous capital appropriations bills. 2,031
Sec. 103.73. (A) The correctional institution inspection 2,040
committee shall do all of the following: 2,041
(1) Subject to division (C) of this section, establish and 2,043
maintain a continuing program of inspection of each state 2,044
correctional institution used for the custody, control, training, 2,045
and rehabilitation of persons convicted of crime and of each 2,046
private correctional facility. Subject to division (C) of this 2,047
section, the committee AND ANY INDIVIDUALS PERFORMING 2,048
CORRECTIONAL INSTITUTION INSPECTION SERVICES ON BEHALF OF THE 2,050
COMMITTEE PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 2,051
103.74 OF THE REVISED CODE may inspect any local correctional 2,052
institution used for the same purposes. Subject to division (C) 2,053
of this section, the committee, and each member of the committee, 2,054
AND EACH INDIVIDUAL PERFORMING CORRECTIONAL INSTITUTION
INSPECTION SERVICES ON BEHALF OF THE COMMITTEE PURSUANT TO A 2,055
CONTRACT ENTERED INTO UNDER SECTION 103.74 OF THE REVISED CODE, 2,056
for the purpose of making an inspection pursuant to this section, 2,058
shall have access to any state or local correctional institution, 2,059
to any private correctional facility, or to any part of the 2,061
institution or facility and shall not be required to give advance 2,062
notice of, or to make prior arrangements before conducting, an 2,063
52
inspection.
(2) Evaluate and assist in the development of programs to 2,065
improve the condition or operation of correctional institutions; 2,066
(3) Prepare a report for submission to the succeeding 2,068
general assembly of the findings the committee makes in its 2,069
inspections and of any programs that have been proposed or 2,071
developed to improve the condition or operation of the 2,072
correctional institutions in the state. The report shall contain 2,073
a separate evaluation of the inmate grievance procedure at each 2,074
state correctional institution. The committee shall submit the 2,075
report to the succeeding general assembly within fifteen days 2,076
after commencement of that general assembly's first regular 2,077
session.
(B) Subject to division (C) of this section, the committee 2,079
shall make an inspection of each state correctional institution 2,080
each biennium and of each private correctional facility each 2,081
biennium. The inspection shall include attendance at one general 2,082
meal period and one rehabilitative or educational program. 2,083
(C) An inspection of a state correctional institution, a 2,085
private correctional facility, or a local correctional 2,086
institution under division (A) or (B) of this section or under 2,088
section 103.74 of the Revised Code is subject to and shall be 2,089
conducted in accordance with all of the following:
(1) The inspection shall not be conducted unless the 2,091
chairperson of the committee grants prior approval for the 2,093
inspection. The grant of prior approval shall specify whether
the inspection is to be conducted by a subcommittee appointed 2,095
under section 103.74 of the Revised Code or is to be conducted 2,097
other than by a subcommittee appointed under that section. 2,098
(2) The inspection shall not be conducted unless one of 2,101
the following applies:
(a) If the inspection is to be conducted by a subcommittee 2,104
appointed under section 103.74 of the Revised Code, at least two 2,105
members appointed to the committee are present for the 2,106
53
inspection;.
(b) THE INSPECTION IS TO BE CONDUCTED BY AN INDIVIDUAL 2,108
PURSUANT TO A CONTRACT TO PERFORM CORRECTIONAL INSTITUTION 2,109
INSPECTION SERVICES ENTERED INTO UNDER SECTION 103.74 OF THE 2,111
REVISED CODE.
(c) If division (C)(2)(a) OR (b) of this section does not 2,114
apply, at least one member appointed to the committee and at
least one staff member of the committee are present for the 2,115
inspection.
(3) Unless the chairperson of the committee determines 2,118
that the inspection must be conducted outside of normal business 2,119
hours for any reason, including emergency circumstances or a 2,120
justifiable cause that perpetuates the mission of the committee, 2,121
and the chairperson specifies in the grant of prior approval for
the inspection that the chairperson has so determined, the 2,123
inspection shall be conducted only during normal business hours.
If the chairperson determines that the inspection must be 2,124
conducted outside of normal business hours and the chairperson 2,125
specifies in the grant of prior approval for the inspection that 2,126
the chairperson has so determined, the inspection may be 2,127
conducted outside of normal business hours. 2,128
(4) If the inspection is to be conducted by a subcommittee 2,130
appointed under section 103.74 of the Revised Code, no staff 2,131
member of the committee may be present on the inspection unless 2,133
the chairperson of the committee, in the grant of prior approval 2,134
for the inspection, specifically authorizes staff members to be 2,135
present on the inspection. If the inspection is to be conducted 2,136
other than by a subcommittee appointed under that section, staff 2,139
members may be present on the inspection regardless of whether
the grant of prior approval contains a specific authorization for 2,140
staff members to be present on the inspection. 2,141
(D) As used in this section: 2,143
(1) "Local public entity," "out-of-state prisoner," and 2,145
"private contractor" have the same meanings as in section 9.07 of 2,146
54
the Revised Code.
(2) "Private correctional facility" means a correctional 2,149
facility in this state that houses out-of-state prisoners and 2,150
that is operated by a private contractor under a contract with a
local public entity pursuant to section 9.07 of the Revised Code. 2,151
Sec. 103.74. Subject to division (C) of section 103.73 of 2,160
the Revised Code, the chairperson of the correctional institution 2,161
inspection committee may appoint subcommittees, each to consist 2,162
of at least two members, for the purpose of conducting 2,163
inspections pursuant to section 103.73 of the Revised Code. 2,164
The committee may employ a director and any other nonlegal 2,166
staff, who shall be in the unclassified service of the state, 2,167
that are necessary for the committee to carry out its duties and 2,168
may contract for the services of whatever nonlegal technical 2,169
advisors are necessary for the committee to carry out its duties. 2,170
THE COMMITTEE ALSO MAY CONTRACT FOR CORRECTIONAL INSTITUTION 2,171
INSPECTION SERVICES WITH A PERSON APPROVED BY THE AMERICAN 2,172
CORRECTIONAL ASSOCIATION TO PROVIDE SERVICES OF THAT NATURE. THE 2,173
CONTRACT SHALL REQUIRE THAT THE PERSON SUBMIT A REPORT REGARDING 2,174
THE INSPECTION TO THE COMMITTEE. THE COMMITTEE SHALL REVIEW AND 2,175
ACCEPT OR REJECT THE REPORT. The attorney general shall act as 2,176
legal counsel to the committee.
The chairperson and vice-chairperson of the legislative 2,178
service commission shall fix the compensation of the director. 2,179
The director, with the approval of the director of the 2,180
legislative service commission, shall fix the compensation of 2,181
other staff of the committee in accordance with a salary schedule 2,182
established by the director of the legislative service 2,183
commission. Contracts for the services of necessary technical 2,184
advisors AND CORRECTIONAL INSTITUTION INSPECTION SERVICES shall 2,185
be approved by the director of the legislative service 2,186
commission.
The general assembly shall biennially appropriate to the 2,188
correctional institution inspection committee an amount 2,189
55
sufficient to enable the committee to perform its duties. 2,190
Salaries and expenses incurred by the committee shall be paid 2,191
from that appropriation upon vouchers approved by the chairperson 2,193
of the committee.
Sec. 109.081. Nine UP TO ELEVEN per cent of all amounts 2,202
collected by the attorney general, whether by employees or agents 2,204
of the attorney general or by special counsel pursuant to section 2,205
109.08 of the Revised Code, on claims due the state shall be paid 2,206
into the state treasury to the credit of the attorney general
claims fund, which is hereby created. THE ATTORNEY GENERAL, 2,207
AFTER CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, 2,208
SHALL DETERMINE THE EXACT PERCENTAGE OF THOSE COLLECTED AMOUNTS 2,209
THAT SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 2,210
FUND. The fund shall be used for the payment of expenses 2,212
incurred by the office of the attorney general.
Sec. 111.18. (A) The secretary of state shall keep a 2,221
record of all fees collected by the secretary of state and, 2,222
except as otherwise provided in this section and in sections 2,223
1309.401 and 1329.68 and division (C)(2) of section 3506.05 of 2,224
the Revised Code, shall pay, THROUGH JUNE 30, 2001, FIFTY PER 2,226
CENT OF them into the state treasury to the credit of the general 2,228
revenue fund AND FIFTY PER CENT OF THEM INTO THE STATE TREASURY 2,229
TO THE CREDIT OF THE CORPORATE AND UNIFORM COMMERCIAL CODE FILING 2,230
FUND CREATED UNDER SECTION 1309.401 OF THE REVISED CODE AND SHALL 2,231
PAY, ON AND AFTER JULY 1, 2001, ALL OF THEM INTO THE STATE 2,232
TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND. The
following THROUGH JUNE 30, 2001, ALL OF THE fees COLLECTED UNDER 2,235
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 2,238
corporate and uniform commercial code filing fund created in 2,240
section 1309.401 of the Revised Code. ON AND AFTER JULY 1, 2001, 2,241
THE FOLLOWING FEES SHALL BE PAID INTO THE STATE TREASURY TO THE 2,242
CREDIT OF THAT CORPORATE AND UNIFORM COMMERCIAL CODE FILING FUND: 2,243
(1) Twenty-five dollars of each fee collected under 2,245
56
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of 2,247
the Revised Code;
(2) Twenty-five dollars of each fee collected under 2,249
division (C) of section 1703.031 of the Revised Code; 2,251
(3) All fees collected under divisions (I)(2) and (N) of 2,254
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the 2,256
Revised Code; 2,257
(5) Each fifty-dollar fee for amendments filed by foreign 2,259
nonprofit corporations under section 1703.27 of the Revised Code. 2,261
(B) The secretary of state may implement a credit card 2,263
payment program permitting payment of any fee charged by the 2,264
secretary of state by means of a credit card. The secretary of 2,265
state may open an account outside the state treasury in a 2,266
financial institution for the purpose of depositing credit card 2,267
receipts. Within forty-eight hours following the deposit of the 2,269
receipts, the financial institution shall make available to the 2,270
secretary of state funds in the amount of the receipts. The 2,271
secretary of state shall then pay these funds into the state
treasury to the credit of the general revenue fund, except as 2,272
otherwise provided by the Revised Code. 2,273
The secretary of state may pay the cost of any service 2,275
charge required by a financial institution or credit card company 2,276
in connection with a credit card payment program. 2,277
The secretary of state shall adopt rules as necessary to 2,279
carry out the purposes of this division. The rules shall include 2,280
standards for determining eligible financial institutions and the 2,281
manner in which funds shall be made available and shall be 2,282
consistent with the standards contained in sections 135.03, 2,283
135.18, and 135.181 of the Revised Code. 2,284
Sec. 117.14. A biennial AN ANNUAL audit of the office of 2,293
the auditor of state shall be made by an independent certified 2,295
public accountant appointed by a committee consisting of the 2,296
governor and the chairmen CHAIRPERSONS of the finance committees 2,297
57
of the senate and the house of representatives. The committee 2,299
shall make the appointment by the second Monday of October in 2,300
each odd-numbered THIRTY-FIRST DAY OF MARCH IMMEDIATELY PRECEDING 2,301
THE LAST DAY OF THE FISCAL year TO BE AUDITED and shall prescribe 2,303
the contract terms of the audit, which shall cover the period 2,305
beginning the second Monday of January of the current year and 2,306
ending the day preceding the second Monday of January of the next 2,307
odd-numbered year.
Not later than six months after the end of the biennial 2,309
period examined ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER, the 2,311
accountant shall submit a report of his THE audit COMPLETED UNDER 2,312
THIS SECTION FOR THE IMMEDIATELY PRECEDING FISCAL YEAR to each 2,313
member of the committee. One copy OF THE AUDIT REPORT shall be 2,314
filed with the state library for public inspection. An THE audit 2,315
report completed pursuant to this section is not a public record 2,316
under section 149.43 of the Revised Code until it is filed with 2,317
the state library. 2,318
The records of the auditor of state shall be made available 2,320
to the accountant. The accountant shall be paid from the general 2,321
revenue fund from an appropriation made for that purpose to the 2,322
office of budget and management. 2,323
If an auditor of state is for any reason unable to complete 2,325
his statutory term of office, there shall be an audit of the 2,327
office in addition to and in the same manner as the biennial 2,328
audit provided for in this section. 2,329
Sec. 117.44. To enhance local officials' background and 2,338
working knowledge of government accounting, budgeting and 2,339
financing, financial report preparation, and the rules adopted by 2,340
the auditor of state, the auditor of state shall hold training 2,341
programs for persons elected for the first time as township 2,342
clerks, city auditors, and village clerks, between the first day 2,343
of December and the fifteenth day of February immediately 2,344
following a general election for any of these offices. Similar 2,345
training may also be provided to any township clerk, city 2,346
58
auditor, or village clerk who is appointed to fill a vacancy or 2,347
who is elected in a special election. 2,348
The auditor of state also shall develop and provide an 2,350
annual training program of continuing education for village 2,351
clerks.
The auditor of state shall determine the manner, content, 2,353
and length of the training programs after consultation with 2,354
appropriate statewide organizations of local governmental 2,355
officials. The auditor of state shall charge the political 2,356
subdivisions that the trainees represent a registration fee that 2,357
will meet actual and necessary expenses of the training, 2,358
including instructor fees, site acquisition costs, and the cost 2,359
of course materials. The necessary personal expenses incurred by 2,360
the officials as a result of attending the training program shall 2,361
be borne by the political subdivisions they represent. 2,362
The auditor of state shall allow any other interested 2,364
person to attend any of the training programs that the auditor of 2,365
state holds pursuant to this section; provided, that before 2,367
attending any such training program, the interested person shall 2,368
pay to the auditor of state the full registration fee that the 2,369
auditor of state has set for the training program. 2,370
There is hereby established in the state treasury the 2,372
auditor of state training program fund, to be used by the auditor 2,373
of state for the actual and necessary expenses of any training 2,374
programs held pursuant to this section, SECTION 117.441, or 2,376
section 321.46 of the Revised Code. All registration fees 2,378
collected under this section shall be paid into the fund. 2,379
Sec. 117.441. THE AUDITOR OF STATE SHALL CONDUCT A 2,381
FIDUCIARY TRAINING PROGRAM FOR MEMBERS AND EMPLOYEES OF STATE 2,382
BOARDS AND COMMISSIONS. THE PROGRAM SHALL BE OFFERED AT LEAST 2,383
ANNUALLY. THE AUDITOR OF STATE SHALL DETERMINE THE MANNER AND 2,384
CONTENT OF THE PROGRAM AND MAY CHARGE A REGISTRATION FEE TO 2,385
DEFRAY THE ACTUAL AND NECESSARY EXPENSES OF THE PROGRAM. 2,386
MEMBERS AND EMPLOYEES OF STATE BOARDS AND COMMISSIONS MAY 2,388
59
ATTEND THE FIDUCIARY TRAINING PROGRAM OFFERED UNDER THIS SECTION. 2,389
IF A REGISTRATION FEE IS CHARGED FOR THE PROGRAM, THE AUDITOR OF 2,391
STATE SHALL DEPOSIT IT INTO THE AUDITOR OF STATE TRAINING PROGRAM 2,392
FUND ESTABLISHED UNDER SECTION 117.44 OF THE REVISED CODE. 2,393
Sec. 117.45. (A) The auditor of state shall draw warrants 2,402
against the treasurer of state pursuant to all requests for 2,403
payment that the director of budget and management has approved 2,404
under section 126.07 of the Revised Code. 2,405
(B) Unless the director of human services has provided for 2,407
the making of payments by electronic benefit transfer, if a 2,408
financial institution and account have been designated by the 2,409
participant or recipient, payment by the auditor of state to a 2,410
participant in the Ohio works first program pursuant to Chapter 2,412
5107. of the Revised Code or a recipient of disability assistance 2,414
pursuant to Chapter 5115. of the Revised Code shall be made by 2,415
direct deposit to the account of the participant or recipient in 2,416
the financial institution. Payment by the auditor of state to a 2,418
recipient of public assistance BENEFITS DISTRIBUTED THROUGH THE 2,419
MEDIUM OF ELECTRONIC BENEFIT TRANSFER pursuant to section 5101.33 2,420
of the Revised Code shall be by electronic benefit transfer. 2,421
Payment by the auditor of state as compensation to an employee of 2,423
the state who has, pursuant to section 124.151 of the Revised 2,424
Code, designated a financial institution and account for the 2,425
direct deposit of such payments shall be made by direct deposit 2,426
to the account of the employee. Payment to any other payee who 2,427
has designated a financial institution and account for the direct 2,428
deposit of such payment may be made by direct deposit to the 2,429
account of the payee in the financial institution as provided in 2,430
section 9.37 of the Revised Code. The auditor of state shall 2,431
contract with an authorized financial institution for the 2,432
services necessary to make direct deposits or electronic benefit 2,433
transfers under this division and draw lump sum warrants payable 2,434
to that institution in the amount to be transferred. Accounts 2,435
maintained by the auditor of state or the auditor of state's 2,436
60
agent in a financial institution for the purpose of effectuating 2,437
payment by direct deposit or electronic benefit transfer shall be 2,438
maintained in accordance with section 135.18 of the Revised Code. 2,439
(C) All other payments from the state treasury shall be 2,441
made by paper warrants OR BY DIRECT DEPOSIT payable to the 2,442
respective payees. The auditor of state may mail the paper 2,444
warrants to the respective payees or distribute them through 2,445
other state agencies, whichever the auditor of state determines 2,446
to be the better procedure.
(D) If the average per transaction cost the auditor of 2,448
state incurs in making direct deposits for a state agency exceeds 2,449
the average per transaction cost the auditor of state incurs in 2,451
drawing paper warrants for all public offices during the same 2,452
period of time, the auditor of state may certify the difference 2,453
in cost and the number of direct deposits for the agency to the 2,455
director of administrative services. The director shall 2,456
reimburse the auditor of state for such additional costs and add 2,457
the amount to the processing charge assessed upon the state 2,458
agency.
Sec. 118.01. As used in this chapter: 2,467
(A) "Advance tax payment notes" means the notes authorized 2,469
by section 118.24 of the Revised Code. 2,470
(B) "Appropriation measure" means any appropriation 2,472
measure, amendment of an appropriation measure, or supplement to 2,473
an appropriation measure of a municipal corporation, county, or 2,475
township referred to in sections 5705.38 and 5705.40 of the 2,476
Revised Code and any other action of a municipal corporation, 2,477
county, or township authorizing expenditure of money not 2,478
previously included in any appropriation measure. 2,479
(C) "Bond anticipation notes" means notes issued in 2,481
anticipation of the issuance of bonds. 2,482
(D) "Certificate of estimated resources" means the 2,484
official certificate of estimated resources of the county budget 2,485
commission and amendments of the certificate certified to the 2,486
61
municipal corporation, county, or township as provided for in 2,488
Chapter 5705. of the Revised Code. 2,489
(E) "Commission" means a financial planning and 2,491
supervision commission created by section 118.05 of the Revised 2,492
Code with respect to a municipal corporation, county, or 2,494
township.
(F) "Construction funds" means proceeds from the sale of 2,496
debt obligations restricted by law or pursuant to the proceedings 2,497
for the issuance of such debt obligations to use for permanent 2,498
improvements as defined in division (E) of section 5705.01 of the 2,499
Revised Code, including acquisition, construction, or extension 2,500
of public utilities, and moneys from any other sources restricted 2,501
to such purpose. 2,502
(G) "County auditor" means the county auditor with whom 2,504
tax budgets of the municipal corporation, county, or township are 2,507
to be filed in accordance with section 5705.30 of the Revised 2,508
Code.
(H) "County budget commission" means the county budget 2,510
commission to which the tax budget of the municipal corporation, 2,512
county, or township is to be submitted in accordance with section 2,513
5705.31 of the Revised Code.
(I) "Current revenue notes" means debt obligations 2,515
described in section 133.10 or Chapter 5705. of the Revised Code 2,516
or any other debt obligations issued to obtain funds for current 2,517
operating expenses. 2,518
(J) "Debt limits" means the limitations on net 2,520
indebtedness provided in sections 133.05, 133.07, and 133.09 of 2,522
the Revised Code, and also includes the limitation, known as the 2,523
"indirect debt limit," upon the issuance of unvoted bonds, notes, 2,524
or certificates of indebtedness resulting from the ten-mill 2,525
limitation provided for in section 5705.02 of the Revised Code. 2,526
(K) "Debt obligations" means bonds, notes, certificates of 2,528
indebtedness, bond anticipation notes, current revenue notes, 2,529
local government fund notes, or other obligations issued or 2,530
62
incurred in borrowing money, or to renew, refund, fund, or 2,531
refinance, or issued in exchange for, such obligations, and any 2,532
interest coupons pertaining thereto other than bonds or other 2,533
obligations issued under authority of Section 13 of Article VIII, 2,534
Ohio Constitution. 2,535
(L) "Default" means failure to pay the principal of or the 2,537
interest on a debt obligation, or failure to make other payment 2,538
to be made to the holder or owner of a debt obligation, in the 2,539
full amount and at the time provided for in the contractual 2,540
commitment with respect thereto, unless the time for such payment 2,541
has been extended by the owner or holder of the debt obligation 2,542
without penalty or premium and without the effect of subjecting 2,543
the municipal corporation, county, or township to the initiation 2,545
of remedies pertaining to such debt obligation or other debt 2,546
obligations.
(M) "Deficit fund" means the general fund or any special 2,548
fund that, as at the time indicated, has a deficit balance or a 2,549
balance that is less than the amount required to be in such fund 2,550
pursuant to law or pursuant to contractual requirements, 2,551
demonstrating that over a period of time expenditures charged or 2,552
chargeable to the fund have exceeded moneys credited to the fund, 2,553
or that moneys credited to the fund have not been in the amounts 2,554
required by law or contractual requirements. 2,555
(N) "Effective financial accounting and reporting system" 2,557
means an accounting and reporting system fully in compliance with 2,558
the requirements prescribed by and pursuant to Chapter 117. of 2,559
the Revised Code, with such modifications and supplements as are 2,560
to be provided pursuant to this chapter in order to meet and deal 2,561
with the fiscal emergency, provide to the auditor of state, the 2,562
commission, the financial supervisor, and the county budget 2,563
commission the information needed to carry out their functions, 2,564
and better ensure the implementation of the financial plan. 2,565
(O) "Financial plan" means the financial plan approved by 2,567
the commission in accordance with section 118.06 of the Revised 2,568
63
Code, as it may from time to time be amended in accordance with 2,569
this chapter. 2,570
(P) "Financial supervisor" means the auditor of state or a 2,573
firm of certified public accountants retained by a financial 2,574
planning and supervision commission pursuant to division (G) of 2,575
section 118.05 of the Revised Code with respect to a municipal 2,576
corporation, county, or township. 2,577
(Q) "Fiscal emergency" means the existence of fiscal 2,579
emergency conditions determined as provided in section 118.04 of 2,580
the Revised Code. 2,581
(R) "Fiscal emergency conditions" means any of the events 2,583
or occurrences described in section 118.03 of the Revised Code. 2,584
(S) "Fiscal emergency period" means the period of time 2,586
commencing on the date when the determination of a fiscal 2,587
emergency is made by the auditor of state pursuant to section 2,588
118.04 of the Revised Code and ending when the determination of 2,589
termination is made and certified pursuant to section 118.27 of 2,590
the Revised Code. 2,591
(T) "Fiscal watch" means the existence of fiscal watch 2,593
conditions as determined in accordance with section 118.022 of 2,594
the Revised Code.
(U) "Fiscal officer" means the fiscal officer of the 2,596
municipal corporation, county, or township as defined in division 2,598
(D) of section 5705.01 of the Revised Code. 2,599
(V) "Fringe benefits" means expenditures for goods and 2,601
services furnished to municipal, county, or township officers or 2,602
employees by the municipal corporation, county, or township, 2,604
including, but not limited to, such benefits as food, temporary 2,606
housing, and clothing, and the provision of pension, retirement, 2,607
disability, hospitalization, health care, insurance, or other 2,608
benefits to employees requiring the advance payment of money 2,609
other than directly to employees or other beneficiaries, or the 2,610
deposit or reservation of money for such purpose. 2,611
(W) "General fund" means the fund referred to in division 2,613
64
(A) of section 5705.09 of the Revised Code. 2,614
(X) "General fund budget" means aggregate revenues 2,616
available in the general fund during the applicable fiscal year 2,617
as shown by the certificate of estimated resources. 2,618
(Y) "Mayor" means the officer of the municipal corporation 2,621
designated as such by law or the chief executive officer under 2,622
the charter of the municipal corporation. 2,623
(Z) "Payroll" means compensation due and payable to 2,625
employees of the municipal corporation, county, or township, 2,627
other than fringe benefits.
(AA) "Revenue estimates" means the estimates of revenue 2,629
receipts to the credit of the general fund and special funds as 2,630
estimated and supplemented, modified, or amended by the municipal 2,632
corporation, county, or township, or the county budget 2,633
commission.
(BB) "Special funds" means any of the funds, other than 2,635
the general fund, referred to in sections 5705.09 and 5705.12 of 2,636
the Revised Code, and includes any fund created from the issuance 2,637
of debt obligations pursuant to Section 3 or 12 of Article XVIII, 2,638
Ohio Constitution, and any fund created in connection with the 2,639
issuance of debt obligations to provide moneys for the payment of 2,640
principal or interest, reserves therefor, or reserves or funds 2,641
for repair, maintenance, or improvements. 2,642
(CC) "Tax budget" means the tax budget provided for in 2,644
section 5705.28 of the Revised Code. 2,645
Sec. 118.05. (A) Pursuant to the powers of the general 2,654
assembly and for the purposes of this chapter, upon the 2,655
occurrence of a fiscal emergency in any municipal corporation, 2,657
county, or township, as determined pursuant to section 118.04 of 2,658
the Revised Code, there is established, with respect to that 2,659
municipal corporation, county, or township, a body both corporate 2,661
and politic constituting an agency and instrumentality of the 2,662
state and performing essential governmental functions of the 2,663
state to be known as the "financial planning and supervision
65
commission for ............... (name of municipal corporation, 2,664
county, or township)," which, in that name, may exercise all 2,666
authority vested in such a commission by this chapter. A 2,667
separate commission is established with respect to each municipal 2,668
corporation, county, or township as to which there is a fiscal 2,669
emergency as determined under this chapter. 2,670
(B) A commission shall consist of the following seven 2,672
voting members:
(1) Four ex officio members: the treasurer of state,; the 2,675
director of budget and management,; in the case of a municipal 2,676
corporation, the mayor of the municipal corporation and the 2,678
presiding officer of the legislative authority of the municipal 2,679
corporation,; in the case of a county, the president of the board 2,680
of county commissioners and the county auditor,; and in the case 2,682
of a township, a member of the board of township trustees and the 2,683
county auditor.
The treasurer of state may designate a deputy treasurer or 2,685
director within the office of the treasurer of state OR ANY OTHER 2,686
APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE OF THE TREASURER OF 2,687
STATE'S OFFICE; the director of budget and management may 2,689
designate an individual within the office of budget and 2,690
management OR ANY OTHER APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE 2,691
OF THE OFFICE OF BUDGET AND MANAGEMENT; the mayor may designate a 2,692
responsible official within his THE MAYOR'S office or the fiscal 2,694
officer of the municipal corporation; the presiding officer of 2,696
the legislative authority of the municipal corporation may 2,697
designate any other member of the legislative authority; the 2,699
board of county commissioners may designate any other member of 2,700
the board or the fiscal officer of the county; and the board of 2,701
township trustees may designate any other member of the board or 2,702
the fiscal officer of the township to attend the meetings of the 2,703
commission when the ex officio member making the designation is 2,704
absent or unable for any reason to attend. A designee, when 2,705
present, shall be counted in determining whether a quorum is 2,706
66
present at any meeting of the commission and may vote and 2,707
participate in all proceedings and actions of the commission. 2,708
The designations shall be in writing, executed by the EX OFFICIO 2,709
member OR ENTITY making the designation, and filed with the 2,711
secretary of the commission. The designations may be changed 2,712
from time to time in like manner, but due regard shall be given 2,713
to the need for continuity.
(2) Three members nominated and appointed as follows: 2,715
The mayor and presiding officer of the legislative 2,717
authority of the municipal corporation, the board of county 2,719
commissioners, or the board of township trustees shall, within
ten days after the determination of the fiscal emergency by the 2,721
auditor of state under section 118.04 of the Revised Code, submit 2,722
in writing to the governor the nomination of five persons agreed 2,723
to by them and meeting the qualifications set forth in this 2,725
division. If the governor is not satisfied that at least three 2,726
of the nominees are well qualified, the governor shall notify the 2,727
mayor and presiding officer, or the board of county 2,729
commissioners, or the board of township trustees to submit in 2,730
writing, within five days, additional nominees agreed upon by 2,731
them, not exceeding three. The governor shall appoint three 2,732
members from all the agreed-upon nominees so submitted or a 2,733
lesser number that the governor considers well qualified WITHIN 2,735
THIRTY DAYS AFTER RECEIPT OF THE NOMINATIONS, and shall fill any 2,736
remaining positions on the commission by appointment of any other 2,737
persons meeting the qualifications set forth in this division. 2,738
All appointments by the governor shall be made with the advice 2,739
and consent of the senate. Each of the three appointed members 2,740
shall serve during the life of the commission, subject to removal 2,741
by the governor for misfeasance, nonfeasance, or malfeasance in 2,742
office. In the event of the death, resignation, incapacity, 2,743
removal, or ineligibility to serve of an appointed member, the 2,744
governor, pursuant to the process for original appointment, shall 2,745
appoint a successor. 2,746
67
Each of the three appointed members shall be an individual: 2,748
(a) Who has knowledge and experience in financial matters, 2,750
financial management, or business organization or operations, 2,751
including at least five years of experience in the private sector 2,752
in the management of business or financial enterprise, or in 2,753
management consulting, public accounting, or other professional 2,754
activity; 2,755
(b) Whose residency, office, or principal place of 2,757
professional or business activity is situated within the 2,758
municipal corporation, county, or township; 2,759
(c) Who has not, at any time during the five years 2,761
preceding the date of appointment, held any elected public 2,762
office. AN 2,763
An appointed member of the commission shall not become a 2,765
candidate for elected public office while serving as a member of 2,766
the commission. 2,767
(C) Immediately after appointment of the initial three 2,769
appointed members of the commission, the governor shall call the 2,770
first meeting of the commission and shall cause written notice of 2,771
the time, date, and place of the first meeting to be given to 2,772
each member of the commission at least forty-eight hours in 2,773
advance of the meeting. 2,774
(D) The commission DIRECTOR OF BUDGET AND MANAGEMENT shall 2,776
elect one of its members SERVE as chairperson and another OF THE 2,778
COMMISSION. THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO 2,779
SERVE as vice-chairperson, and may appoint a secretary and any 2,781
other officers, who need not be members of the commission, it 2,782
considers necessary.
(E) The commission may adopt and alter bylaws and rules, 2,784
which shall not be subject to section 111.15 or Chapter 119. of 2,785
the Revised Code, for the conduct of its affairs and for the 2,786
manner, subject to this chapter, in which its powers and 2,787
functions shall be exercised and embodied. 2,788
(F) Five members of the commission constitute a quorum of 2,790
68
the commission. The affirmative vote of five members of the 2,791
commission is necessary for any action taken by vote of the 2,792
commission. No vacancy in the membership of the commission shall 2,793
impair the rights of a quorum by such vote to exercise all the 2,794
rights and perform all the duties of the commission. Members of 2,795
the commission, and their designees, are not disqualified from 2,796
voting by reason of the functions of the other office they hold 2,797
and are not disqualified from exercising the functions of the 2,798
other office with respect to the municipal corporation, county, 2,800
or township, its officers, or the commission. 2,801
(G) The commission shall retain a AUDITOR OF STATE SHALL 2,803
SERVE AS THE "financial supervisor." TO THE COMMISSION UNLESS THE 2,805
AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. As used in 2,807
this chapter, "financial supervisor" means the auditor of state
or a firm of certified public accountants with demonstrated 2,809
professional competence in matters relating to this chapter, 2,810
engaged by the commission pursuant to a contract approved by the 2,811
controlling board. 2,812
(H) At the request of the commission, the auditor of state 2,814
shall designate employees of the auditor of state's office to 2,816
assist the commission and the financial supervisor and to 2,817
coordinate the work of the auditor of state's office and the 2,818
financial supervisor. Upon the determination of a fiscal 2,819
emergency in any municipal corporation, county, or township, the 2,820
municipal corporation, county, or township shall provide the 2,822
commission with such reasonable office space in the principal 2,823
building housing city, county, or township government, where 2,825
feasible, as it determines is necessary to carry out its duties 2,826
under this chapter.
(I) The financial supervisor, the members of the 2,828
commission, the auditor of state, and any person authorized to 2,829
act on behalf of or assist them shall not be personally liable or 2,830
subject to any suit, judgment, or claim for damages resulting 2,831
from the exercise of or failure to exercise the powers, duties, 2,832
69
and functions granted to them in regard to their functioning 2,833
under this chapter, but the commission, the financial supervisor, 2,834
the auditor of state, and such THOSE other persons shall be 2,835
subject to mandamus proceedings to compel performance of their 2,837
duties under this chapter and with respect to any debt 2,838
obligations issued pursuant or subject to this chapter. 2,839
(J) At the request of the commission, the administrative 2,841
head of any state agency shall temporarily assign personnel 2,842
skilled in accounting and budgeting procedures to assist the 2,843
commission or the financial supervisor in its duties as financial 2,844
supervisor. 2,845
(K) The appointed members of the commission are not 2,847
subject to section 102.02 of the Revised Code. Each appointed 2,848
member of the commission shall file with the commission a signed 2,849
written statement setting forth the general nature of sales of 2,850
goods, property, or services or of loans to the municipal 2,852
corporation, county, or township with respect to which that 2,853
commission is established, in which the appointed member has a 2,855
pecuniary interest or in which any member of the appointed 2,856
member's immediate family, as defined in section 102.01 of the 2,857
Revised Code, or any corporation, partnership, or enterprise of 2,858
which the appointed member is an officer, director, or partner, 2,860
or of which the appointed member or a member of the appointed 2,862
member's immediate family, as so defined, owns more than a five 2,863
per cent interest, has a pecuniary interest, and of which sale, 2,864
loan, or interest such member has knowledge. The statement shall 2,865
be supplemented from time to time to reflect changes in the 2,866
general nature of any such sales or loans. 2,867
Sec. 118.08. (A) The members of the financial planning 2,876
and supervision commission shall serve without compensation, but 2,878
shall be paid by the commission their necessary and actual 2,879
expenses incurred while engaged in the business of the
commission. 2,880
(B) All expenses incurred for services rendered by the 2,882
70
financial supervisor for a period of twenty-four months shall be 2,883
paid by the commission pursuant to an appropriation made by the 2,884
general assembly for this purpose. Expenses incurred for 2,885
services rendered by the financial supervisor beyond this period 2,886
shall be borne by the municipal corporation, county, or township 2,887
unless the director of budget and management waives the costs and 2,889
allows payment in accordance with the following:
(1) If the continued performance of the financial 2,891
supervisor is required for a period of twenty-five to thirty 2,892
months, the municipal corporation, county, or township is 2,893
responsible for twenty per cent of the compensation due. 2,894
(2) If the continued performance of the financial 2,896
supervisor is required for a period of thirty-one to thirty-six 2,897
months, the municipal corporation, county, or township is 2,898
responsible for fifty per cent of the compensation due. 2,899
(3) If the continued performance of the financial 2,901
supervisor is required for a period of thirty-seven months or 2,902
more, the municipal corporation, county, or township is 2,903
responsible for one hundred per cent of the compensation due 2,904
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF THIS SECTION. 2,905
(4) BEGINNING IN FISCAL YEAR 2000, IF THE CONTINUED 2,907
PERFORMANCE OF THE FINANCIAL SUPERVISOR HAS BEEN REQUIRED LONGER 2,908
THAN EIGHT YEARS FOR ANY MUNICIPAL CORPORATION, COUNTY, OR 2,909
TOWNSHIP DECLARED TO BE IN A FISCAL EMERGENCY PRIOR TO FISCAL 2,910
YEAR 1996, THAT MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP IS 2,911
RESPONSIBLE FOR FIFTY PER CENT OF THE COMPENSATION DUE IN FISCAL
YEAR 2000 AND ONE HUNDRED PER CENT OF THE COMPENSATION DUE IN 2,912
FISCAL YEAR 2001. 2,913
(C) If the municipal corporation, county, or township 2,916
fails to make any payment to the financial supervisor as required 2,917
by this chapter, the financial supervisor may certify to the 2,918
county auditor the amount due, and that amount shall be withheld 2,919
from the municipal corporation, county, or township from any fund 2,920
or funds in the custody of the county auditor for distribution to 2,921
71
the municipal corporation, county, or township, except for those 2,922
reserved for payment of local government fund notes. Upon 2,923
receiving such certification from the auditor of state, the 2,924
county auditor shall draw a voucher for the amount against such 2,925
fund or funds in favor of the financial supervisor. 2,926
Sec. 120.04. (A) The state public defender shall serve at 2,935
the pleasure of the Ohio public defender commission and shall be 2,936
an attorney with a minimum of four years of experience in the 2,937
practice of law and be admitted to the practice of law in this 2,938
state at least one year prior to appointment. 2,939
(B) The state public defender shall do all of the 2,941
following:
(1) Maintain a central office in Columbus. The central 2,943
office shall be provided with a library of adequate size, 2,944
considering the needs of the office and the accessibility of 2,945
other libraries, and other necessary facilities and equipment. 2,946
(2) Appoint assistant state public defenders, all of whom 2,948
shall be attorneys admitted to the practice of law in this state, 2,949
and other personnel necessary for the operation of the state 2,950
public defender office. Assistant state public defenders shall 2,951
be appointed on a full-time basis. The state public defender, 2,952
assistant state public defenders, and employees appointed by the 2,953
state public defender shall not engage in the private practice of 2,954
law. 2,955
(3) Supervise the compliance of county public defender 2,957
offices, joint county public defender offices, and county 2,958
appointed counsel systems with standards established by rules of 2,959
the Ohio public defender commission pursuant to division (B) of 2,960
section 120.03 of the Revised Code; 2,961
(4) Keep and maintain financial records of all cases 2,963
handled and develop records for use in the calculation of direct 2,964
and indirect costs, in the operation of the office, and report 2,965
periodically, but not less than annually, to the commission on 2,966
all relevant data on the operations of the office, costs, 2,967
72
projected needs, and recommendations for legislation or 2,968
amendments to court rules, as may be appropriate to improve the 2,969
criminal justice system; 2,970
(5) Collect all moneys due the state for reimbursement for 2,972
legal services under this chapter and under section 2941.51 of 2,973
the Revised Code and institute any actions in court on behalf of 2,975
the state for the collection of such sums that the state public 2,976
defender considers advisable. Except as provided otherwise in 2,977
division (D) of section 120.06 of the Revised Code, all moneys 2,978
collected by the state public defender under this chapter and 2,979
section 2941.51 of the Revised Code shall be deposited in the 2,981
state treasury to the credit of the client payment fund, which is 2,982
hereby created. All moneys credited to the fund shall be used by 2,984
the state public defender to appoint assistant state public 2,985
defenders and to provide other personnel, equipment, and 2,986
facilities necessary for the operation of the state public 2,987
defender office, to reimburse counties for the operation of 2,988
county public defender offices, joint county public defender 2,989
offices, and county appointed counsel systems pursuant to 2,990
sections 120.18, 120.28, and 120.33 of the Revised Code, or to 2,991
provide assistance to counties in the operation of county 2,992
indigent defense systems.
(6) With respect to funds appropriated to the commission 2,994
to pay criminal costs, perform the duties imposed by section 2,995
SECTIONS 2949.19 AND 2949.201 of the Revised Code; 2,996
(7) Establish standards and guidelines for the 2,998
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 2,999
2941.51, and 2949.19 of the Revised Code, of counties for the 3,000
operation of county public defender offices, joint county public 3,001
defender offices, and county appointed counsel systems and for 3,002
other costs related to felony prosecutions; 3,003
(8) Establish maximum amounts that the state will 3,005
reimburse the counties pursuant to sections 120.18, 120.28, 3,006
120.33, and 2941.51 of the Revised Code; 3,007
73
(9) Establish maximum amounts that the state will 3,009
reimburse the counties pursuant to section 120.33 of the Revised 3,010
Code for each specific type of legal service performed by a 3,011
county appointed counsel system; 3,012
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 3,014
and 2949.19 of the Revised Code and make reimbursements pursuant 3,015
to those sections; 3,016
(11) Administer the program established pursuant to 3,018
sections 120.51 to 120.55 of the Revised Code for the charitable 3,019
public purpose of providing financial assistance to legal aid 3,020
societies. Neither the state public defender nor any of the 3,021
state public defender's employees who is responsible in any way 3,023
for the administration of that program and who performs those 3,024
administrative responsibilities in good faith is in any manner 3,026
liable if a legal aid society that is provided financial 3,027
assistance under the program uses the financial assistance other 3,028
than in accordance with sections 120.51 to 120.55 of the Revised 3,029
Code or fails to comply with the requirements of those sections. 3,030
(12) Establish an office for the handling of appeal and 3,032
postconviction matters; 3,033
(13) Provide technical aid and assistance to county public 3,036
defender offices, joint county public defender offices, and other 3,037
local counsel providing legal representation to indigent persons, 3,038
including representation and assistance on appeals. 3,039
(C) The state public defender may do any of the following: 3,041
(1) In providing legal representation, conduct 3,043
investigations, obtain expert testimony, take depositions, use 3,044
other discovery methods, order transcripts, and make all other 3,045
preparations which are appropriate and necessary to an adequate 3,046
defense or the prosecution of appeals and other legal 3,047
proceedings; 3,048
(2) Seek, solicit, and apply for grants for the operation 3,050
of programs for the defense of indigent persons from any public 3,051
or private source, and may receive donations, grants, awards, and 3,052
74
similar funds from any lawful source. Such funds shall be 3,053
deposited in the state treasury to the credit of the public 3,054
defender gifts and grants fund, which is hereby created. 3,055
(3) Make all the necessary arrangements to coordinate the 3,057
services of the office with any federal, county, or private 3,058
programs established to provide legal representation to indigent 3,059
persons and others, and to obtain and provide all funds allowable 3,060
under any such programs; 3,061
(4) Consult and cooperate with professional groups 3,063
concerned with the causes of criminal conduct, the reduction of 3,064
crime, the rehabilitation and correction of persons convicted of 3,065
crime, the administration of criminal justice, and the 3,066
administration and operation of the state public defender's 3,067
office; 3,068
(5) Accept the services of volunteer workers and 3,070
consultants at no compensation other than reimbursement for 3,071
actual and necessary expenses; 3,072
(6) Prescribe any forms that are necessary for the uniform 3,074
operation of this chapter; 3,075
(7) Contract with a county public defender commission or a 3,077
joint county public defender commission to provide all or any 3,078
part of the services that a county public defender or joint 3,079
county public defender is required or permitted to provide by 3,080
this chapter, or contract with a board of county commissioners of 3,081
a county that is not served by a county public defender 3,082
commission or a joint county public defender commission for the 3,083
provision of services in accordance with section 120.33 of the 3,084
Revised Code. All money received by the state public defender 3,085
pursuant to such a contract shall be credited to EITHER the 3,086
county representation fund created pursuant to division (D) of 3,087
section 120.06 of the Revised Code MULTI-COUNTY: COUNTY SHARE 3,088
FUND OR, IF RECEIVED AS A RESULT OF A CONTRACT WITH TRUMBULL 3,089
COUNTY, THE TRUMBULL COUNTY: COUNTY SHARE FUND. 3,090
(8) Authorize persons employed as criminal investigators 3,092
75
to attend the Ohio peace officer training academy or any other 3,093
peace officer training school for training; 3,094
(9) Procure a policy or policies of malpractice insurance 3,096
that provide coverage for the state public defender and assistant 3,097
state public defenders in connection with malpractice claims that 3,098
may arise from their actions or omissions related to 3,099
responsibilities derived pursuant to this chapter. 3,100
(D) No person employed by the state public defender as a 3,102
criminal investigator shall attend the Ohio peace officer 3,103
training academy or any other peace officer training school 3,104
unless authorized to do so by the state public defender. 3,105
Sec. 120.06. (A)(1) The state public defender, when 3,114
designated by the court or requested by a county public defender 3,115
or joint county public defender, may provide legal representation 3,116
in all courts throughout the state to indigent adults and 3,117
juveniles who are charged with the commission of an offense or 3,118
act for which the penalty or any possible adjudication includes 3,119
the potential loss of liberty. 3,120
(2) The state public defender may provide legal 3,122
representation to any indigent person who, while incarcerated in 3,123
any state correctional institution, is charged with a felony 3,124
offense, for which the penalty or any possible adjudication that 3,125
may be imposed by a court upon conviction includes the potential 3,126
loss of liberty. 3,127
(3) The state public defender may provide legal 3,129
representation to any person incarcerated in any correctional 3,130
institution of the state, in any matter in which the person 3,131
asserts the person is unlawfully imprisoned or detained. 3,132
(4) The state public defender, in any case in which the 3,134
state public defender has provided legal representation or is 3,135
requested to do so by a county public defender or joint county 3,136
public defender, may provide legal representation on appeal. 3,137
(5) The state public defender, when designated by the 3,139
court or requested by a county public defender, joint county 3,140
76
public defender, or the director of rehabilitation and 3,141
correction, shall provide legal representation in parole and 3,142
probation revocation matters, unless the state public defender 3,143
finds that the alleged parole or probation violator has the 3,144
financial capacity to retain the alleged violator's own counsel. 3,146
(6) If the state public defender contracts with a county 3,148
public defender commission, a joint county public defender 3,149
commission, or a board of county commissioners for the provision 3,150
of services, under authority of division (C)(7) of section 120.04 3,151
of the Revised Code, the state public defender shall provide 3,152
legal representation in accordance with the contract. 3,153
(B) The state public defender shall not be required to 3,155
prosecute any appeal, postconviction remedy, or other proceeding 3,156
pursuant to division (A)(3), (4), or (5) of this section, unless 3,157
the state public defender first is satisfied that there is 3,158
arguable merit to the proceeding. 3,159
(C) A court may appoint counsel or allow an indigent 3,161
person to select the indigent's own personal counsel to assist 3,162
the state public defender as co-counsel when the interests of 3,163
justice so require. When co-counsel is appointed to assist the 3,164
state public defender, the co-counsel shall receive any 3,165
compensation that the court may approve, not to exceed the 3,166
amounts provided for in section 2941.51 of the Revised Code. 3,167
(D) When the state public defender is designated by the 3,169
court or requested by a county public defender or joint county 3,170
public defender to provide legal representation for an indigent 3,171
person in any case, other than pursuant to a contract entered 3,172
into under authority of division (C)(7) of section 120.04 of the 3,173
Revised Code, the state public defender shall send to the county 3,174
in which the case is filed an itemized bill for fifty per cent of 3,175
the actual cost of the representation. The county, upon receipt 3,176
of an itemized bill from the state public defender pursuant to 3,177
this division, shall pay fifty per cent of the actual cost of the 3,178
legal representation as set forth in the itemized bill. There is 3,179
77
hereby created in the state treasury the county representation 3,180
fund for the deposit of moneys received from counties under this 3,181
division. All moneys credited to the fund shall be used by the 3,182
state public defender to provide legal representation for 3,183
indigent persons when designated by the court or requested by a 3,184
county or joint county public defender. 3,185
(E)(1) Notwithstanding any contrary provision of sections 3,187
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised 3,188
Code that pertains to representation by the attorney general, an 3,189
assistant attorney general, or special counsel of an officer or 3,190
employee, as defined in section 109.36 of the Revised Code, or of 3,191
an entity of state government, the state public defender may 3,192
elect to contract with, and to have the state pay pursuant to 3,193
division (E)(2) of this section for the services of, private 3,194
legal counsel to represent the Ohio public defender commission, 3,195
the state public defender, assistant state public defenders, 3,196
other employees of the commission or the state public defender, 3,197
and attorneys described in division (C) of section 120.41 of the 3,198
Revised Code in a malpractice or other civil action or proceeding 3,199
that arises from alleged actions or omissions related to 3,200
responsibilities derived pursuant to this chapter, or in a civil 3,201
action that is based upon alleged violations of the constitution 3,202
or statutes of the United States, including section 1983 of Title 3,203
42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 3,204
1983, as amended, and that arises from alleged actions or 3,205
omissions related to responsibilities derived pursuant to this 3,206
chapter, if the state public defender determines, in good faith, 3,207
that the defendant in the civil action or proceeding did not act 3,208
manifestly outside the scope of the defendant's employment or 3,209
official responsibilities, with malicious purpose, in bad faith, 3,210
or in a wanton or reckless manner. If the state public defender 3,211
elects not to contract pursuant to this division for private 3,212
legal counsel in a civil action or proceeding, then, in 3,213
accordance with sections 109.02, 109.07, 109.361 to 109.366, and 3,214
78
120.03 of the Revised Code, the attorney general shall represent 3,215
or provide for the representation of the Ohio public defender 3,216
commission, the state public defender, assistant state public 3,217
defenders, other employees of the commission or the state public 3,218
defender, or attorneys described in division (C) of section 3,219
120.41 of the Revised Code in the civil action or proceeding. 3,220
(2)(a) Subject to division (E)(2)(b) of this section, 3,222
payment from the state treasury for the services of private legal 3,223
counsel with whom the state public defender has contracted 3,224
pursuant to division (E)(1) of this section shall be accomplished 3,225
only through the following procedure: 3,226
(i) The private legal counsel shall file with the attorney 3,228
general a copy of the contract; a request for an award of legal 3,229
fees, court costs, and expenses earned or incurred in connection 3,230
with the defense of the Ohio public defender commission, the 3,231
state public defender, an assistant state public defender, an 3,232
employee, or an attorney in a specified civil action or 3,233
proceeding; a written itemization of those fees, costs, and 3,234
expenses, including the signature of the state public defender 3,235
and the state public defender's attestation that the fees, costs, 3,237
and expenses were earned or incurred pursuant to division (E)(1) 3,238
of this section to the best of the state public defender's 3,239
knowledge and information; a written statement whether the fees, 3,241
costs, and expenses are for all legal services to be rendered in 3,242
connection with that defense, are only for legal services 3,243
rendered to the date of the request and additional legal services 3,244
likely will have to be provided in connection with that defense, 3,245
or are for the final legal services rendered in connection with 3,246
that defense; a written statement indicating whether the private 3,247
legal counsel previously submitted a request for an award under 3,248
division (E)(2) of this section in connection with that defense 3,249
and, if so, the date and the amount of each award granted; and, 3,250
if the fees, costs, and expenses are for all legal services to be 3,251
rendered in connection with that defense or are for the final 3,252
79
legal services rendered in connection with that defense, a 3,253
certified copy of any judgment entry in the civil action or 3,254
proceeding or a signed copy of any settlement agreement entered 3,255
into between the parties to the civil action or proceeding. 3,256
(ii) Upon receipt of a request for an award of legal fees, 3,258
court costs, and expenses and the requisite supportive 3,259
documentation described in division (E)(2)(a)(i) of this section, 3,260
the attorney general shall review the request and documentation; 3,261
determine whether any of the limitations specified in division 3,262
(E)(2)(b) of this section apply to the request; and, if an award 3,263
of legal fees, court costs, or expenses is permissible after 3,264
applying the limitations, prepare a document awarding legal fees, 3,265
court costs, or expenses to the private legal counsel. The 3,266
document shall name the private legal counsel as the recipient of 3,267
the award; specify the total amount of the award as determined by 3,268
the attorney general; itemize the portions of the award that 3,269
represent legal fees, court costs, and expenses; specify any 3,270
limitation applied pursuant to division (E)(2)(b) of this section 3,271
to reduce the amount of the award sought by the private legal 3,272
counsel; state that the award is payable from the state treasury 3,273
pursuant to division (E)(2)(a)(iii) of this section; and be 3,274
approved by the inclusion of the signatures of the attorney 3,275
general, the state public defender, and the private legal 3,276
counsel. 3,277
(iii) The attorney general shall forward a copy of the 3,279
document prepared pursuant to division (E)(2)(a)(ii) of this 3,280
section to the director of budget and management. The AWARD OF 3,281
LEGAL FEES, COURT COSTS, OR EXPENSES SHALL BE PAID OUT OF THE 3,282
STATE PUBLIC DEFENDER'S APPROPRIATIONS, TO THE EXTENT THERE IS A 3,283
SUFFICIENT AVAILABLE BALANCE IN THOSE APPROPRIATIONS. IF THE 3,284
STATE PUBLIC DEFENDER DOES NOT HAVE A SUFFICIENT AVAILABLE 3,285
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS TO PAY THE
ENTIRE AWARD OF LEGAL FEES, COURT COSTS, OR EXPENSES, THE 3,286
director shall make application for the payment of the award of 3,288
80
legal fees, court costs, or expenses A TRANSFER OF APPROPRIATIONS 3,289
out of the emergency purposes account or any other appropriation 3,291
for emergencies or contingencies, and payments IN AN AMOUNT EQUAL 3,292
TO THE PORTION OF THE AWARD THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,293
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS. A 3,294
TRANSFER OF APPROPRIATIONS out of that THE EMERGENCY PURPOSES 3,296
account or any other appropriation for emergencies or 3,297
contingencies shall be authorized if there are sufficient moneys 3,298
greater than the sum total of then pending emergency purposes 3,299
account requests, or requests for releases from the other 3,300
appropriation. If sufficient moneys exist in A TRANSFER OF 3,301
APPROPRIATIONS OUT OF the emergency purposes account or other 3,303
appropriation for emergencies or contingencies IS MADE to pay AN 3,304
AMOUNT EQUAL TO THE PORTION OF the award THAT EXCEEDS THE 3,305
SUFFICIENT AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S 3,306
APPROPRIATIONS, the director shall cause THE payment of the award 3,307
to be made to the private legal counsel. If sufficient moneys do 3,309
not exist in the emergency purposes account or other 3,310
appropriation for emergencies or contingencies to pay AN AMOUNT 3,311
EQUAL TO THE PORTION OF the award THAT EXCEEDS THE SUFFICIENT 3,312
AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, 3,313
the private legal counsel shall request the general assembly to 3,314
make an appropriation sufficient to pay AN AMOUNT EQUAL TO THE 3,315
PORTION OF the award THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,316
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, and no 3,317
payment IN THAT AMOUNT shall be made until the appropriation has 3,318
been made. The private legal counsel shall make the request 3,319
during the current biennium and during each succeeding biennium 3,320
until a sufficient appropriation is made. 3,321
(b) An award of legal fees, court costs, and expenses 3,323
pursuant to division (E) of this section is subject to the 3,324
following limitations: 3,325
(i) The maximum award or maximum aggregate of a series of 3,327
awards of legal fees, court costs, and expenses to the private 3,328
81
legal counsel in connection with the defense of the Ohio public 3,329
defender commission, the state public defender, an assistant 3,330
state public defender, an employee, or an attorney in a specified 3,331
civil action or proceeding shall not exceed fifty thousand 3,332
dollars. 3,333
(ii) The private legal counsel shall not be awarded legal 3,335
fees, court costs, or expenses to the extent the fees, costs, or 3,336
expenses are covered by a policy of malpractice or other 3,337
insurance. 3,338
(iii) The private legal counsel shall be awarded legal 3,340
fees and expenses only to the extent that the fees and expenses 3,341
are reasonable in light of the legal services rendered by the 3,342
private legal counsel in connection with the defense of the Ohio 3,343
public defender commission, the state public defender, an 3,344
assistant state public defender, an employee, or an attorney in a 3,345
specified civil action or proceeding. 3,346
(c) If, pursuant to division (E)(2)(a) of this section, 3,348
the attorney general denies a request for an award of legal fees, 3,349
court costs, or expenses to private legal counsel because of the 3,350
application of a limitation specified in division (E)(2)(b) of 3,351
this section, the attorney general shall notify the private legal 3,353
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a 3,355
private legal counsel receives a denial of an award notification 3,356
or if a private legal counsel refuses to approve a document under 3,357
division (E)(2)(a)(ii) of this section because of the proposed 3,358
application of a limitation specified in division (E)(2)(b) of 3,359
this section, the private legal counsel may commence a civil 3,360
action against the attorney general in the court of claims to 3,361
prove the private legal counsel's entitlement to the award 3,362
sought, to prove that division (E)(2)(b) of this section does not 3,364
prohibit or otherwise limit the award sought, and to recover a 3,365
judgment for the amount of the award sought. A civil action 3,366
under division (E)(2)(d) of this section shall be commenced no 3,367
82
later than two years after receipt of a denial of award 3,368
notification or, if the private legal counsel refused to approve 3,369
a document under division (E)(2)(a)(ii) of this section because 3,370
of the proposed application of a limitation specified in division 3,371
(E)(2)(b) of this section, no later than two years after the 3,372
refusal. Any judgment of the court of claims in favor of the 3,373
private legal counsel shall be paid from the state treasury in 3,374
accordance with division (E)(2)(a) of this section. 3,375
(F) If a court appoints the office of the state public 3,378
defender to represent a petitioner in a postconviction relief 3,379
proceeding under section 2953.21 of the Revised Code, the 3,380
petitioner has received a sentence of death, and the proceeding 3,381
relates to that sentence, all of the attorneys who represent the 3,382
petitioner in the proceeding pursuant to the appointment, whether 3,383
an assistant state public defender, the state public defender, or 3,384
another attorney, shall be certified under Rule 65 of the Rules 3,385
of Superintendence for Common Pleas Courts to represent indigent 3,387
defendants charged with or convicted of an offense for which the 3,388
death penalty can be or has been imposed.
Sec. 120.18. (A) The county public defender commission's 3,397
report to the board of county commissioners shall be audited by 3,398
the county auditor. The board of county commissioners, after 3,399
review and approval of the audited report, may then certify it to 3,400
the state public defender for reimbursement. If a request for 3,401
the reimbursement of any operating expenditure incurred by a 3,402
county public defender office is not received by the state public 3,403
defender within sixty days after the end of the calendar month in 3,404
which the expenditure is incurred, the state public defender 3,405
shall not pay the requested reimbursement, unless the county has 3,406
requested, and the state public defender has granted, an 3,407
extension of the sixty-day time limit. Each request for 3,408
reimbursement shall include a certification by the county public 3,409
defender that the persons provided representation by the county 3,410
public defender's office during the period covered by the report 3,411
83
were indigent AND, FOR EACH PERSON PROVIDED REPRESENTATION DURING 3,412
THAT PERIOD, A FINANCIAL DISCLOSURE FORM COMPLETED BY THE PERSON 3,413
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 3,414
public defender shall also review the report and, in accordance 3,416
with the standards, guidelines, and maximums established pursuant 3,417
to divisions (B)(7) and (8) of section 120.04 of the Revised 3,418
Code, prepare a voucher for fifty per cent of the total cost of 3,419
each county public defender's office for the period of time 3,420
covered by the certified report and a voucher for fifty per cent 3,421
of the costs and expenses that are reimbursable under section 3,422
120.35 of the Revised Code, if any, or, if the amount of money 3,423
appropriated by the general assembly to reimburse counties for 3,424
the operation of county public defender offices, joint county 3,425
public defender offices, and county appointed counsel systems is 3,426
not sufficient to pay fifty per cent of the total cost of all of 3,427
the offices and systems, for the lesser amount required by 3,428
section 120.34 of the Revised Code. For the purposes of this 3,429
section, "total cost" means total expenses minus costs and 3,430
expenses reimbursable under section 120.35 of the Revised Code 3,431
and any funds received by the county public defender commission 3,432
pursuant to a contract, except a contract entered into with a 3,433
municipal corporation pursuant to division (E) of section 120.14 3,434
of the Revised Code, gift, or grant. 3,435
(B) If the county public defender fails to maintain the 3,437
standards for the conduct of the office established by rules of 3,438
the Ohio public defender commission pursuant to divisions (B) and 3,439
(C) of section 120.03 or the standards established by the state 3,440
public defender pursuant to division (B)(7) of section 120.04 of 3,441
the Revised Code, the Ohio public defender commission shall 3,442
notify the county public defender commission and the board of 3,443
county commissioners of the county that the county public 3,444
defender has failed to comply with its rules or the standards of 3,445
the state public defender. Unless the county public defender 3,446
commission or the county public defender corrects the conduct of 3,447
84
his THE COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,448
and standards within ninety days after the date of the notice, 3,450
the state public defender may deny payment of all or part of the 3,451
county's reimbursement from the state provided for in division 3,452
(A) of this section. 3,453
Sec. 120.28. (A) The joint county public defender 3,463
commission's report to the joint board of county commissioners 3,464
shall be audited by the fiscal officer of the district. The 3,465
joint board of county commissioners, after review and approval of 3,466
the audited report, may then certify it to the state public 3,467
defender for reimbursement. If a request for the reimbursement 3,468
of any operating expenditure incurred by a joint county public 3,469
defender office is not received by the state public defender 3,470
within sixty days after the end of the calendar month in which 3,471
the expenditure is incurred, the state public defender shall not 3,472
pay the requested reimbursement, unless the joint board of county 3,473
commissioners has requested, and the state public defender has 3,474
granted, an extension of the sixty-day time limit. Each request 3,475
for reimbursement shall include a certification by the joint 3,476
county public defender that all persons provided representation 3,477
by the joint county public defender's office during the period 3,478
covered by the request were indigent AND, FOR EACH PERSON 3,479
PROVIDED REPRESENTATION DURING THAT PERIOD, A FINANCIAL 3,480
DISCLOSURE FORM COMPLETED BY THE PERSON ON A FORM PRESCRIBED BY 3,481
THE STATE PUBLIC DEFENDER. The state public defender shall also 3,483
review the report and, in accordance with the standards, 3,484
guidelines, and maximums established pursuant to divisions (B)(7) 3,485
and (8) of section 120.04 of the Revised Code, prepare a voucher 3,486
for fifty per cent of the total cost of each joint county public 3,487
defender's office for the period of time covered by the certified 3,488
report and a voucher for fifty per cent of the costs and expenses 3,489
that are reimbursable under section 120.35 of the Revised Code, 3,490
if any, or, if the amount of money appropriated by the general 3,491
assembly to reimburse counties for the operation of county public 3,492
85
defender offices, joint county public defender offices, and 3,493
county appointed counsel systems is not sufficient to pay fifty 3,494
per cent of the total cost of all of the offices and systems, for 3,495
the lesser amount required by section 120.34 of the Revised Code. 3,496
For purposes of this section, "total cost" means total expenses 3,497
minus costs and expenses reimbursable under section 120.35 of the 3,498
Revised Code and any funds received by the joint county public 3,499
defender commission pursuant to a contract, except a contract 3,500
entered into with a municipal corporation pursuant to division 3,501
(E) of section 120.24 of the Revised Code, gift, or grant. Each 3,502
county in the district shall be entitled to a share of such state 3,503
reimbursement in proportion to the percentage of the total cost 3,504
it has agreed to pay. 3,505
(B) If the joint county public defender fails to maintain 3,507
the standards for the conduct of the office established by the 3,508
rules of the Ohio public defender commission pursuant to 3,509
divisions (B) and (C) of section 120.03 or the standards 3,510
established by the state public defender pursuant to division 3,511
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,512
defender commission shall notify the joint county public defender 3,513
commission and the board of county commissioners of each county 3,514
in the district that the joint county public defender has failed 3,515
to comply with its rules or the standards of the state public 3,516
defender. Unless the joint public defender commission or the 3,517
joint county public defender corrects the conduct of his THE 3,518
JOINT COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,520
and standards within ninety days after the date of the notice, 3,521
the state public defender may deny all or part of the counties' 3,522
reimbursement from the state provided for in division (A) of this 3,523
section.
Sec. 120.33. (A) In lieu of using a county public 3,533
defender or joint county public defender to represent indigent 3,534
persons in the proceedings set forth in division (A) of section 3,535
120.16 of the Revised Code, the board of county commissioners of 3,536
86
any county may adopt a resolution to pay counsel who are either 3,537
personally selected by the indigent person or appointed by the 3,538
court. The resolution shall include those provisions the board 3,539
of county commissioners considers necessary to provide effective 3,540
representation of indigent persons in any proceeding for which 3,541
counsel is provided under this section. The resolution shall 3,542
include provisions for contracts with any municipal corporation 3,543
under which the municipal corporation shall reimburse the county 3,544
for counsel appointed to represent indigent persons charged with 3,545
violations of the ordinances of the municipal corporation. 3,546
(1) In a county that adopts a resolution to pay counsel, 3,548
an indigent person shall have the right to do either of the 3,549
following: 3,550
(a) To select the person's own personal counsel to 3,552
represent the person in any proceeding included within the 3,553
provisions of the resolution;
(b) To request the court to appoint counsel to represent 3,555
the person in such a proceeding. 3,556
(2) The court having jurisdiction over the proceeding in a 3,558
county that adopts a resolution to pay counsel shall, after 3,559
determining that the person is indigent and entitled to legal 3,560
representation under this section, do either of the following: 3,561
(a) By signed journal entry recorded on its docket, enter 3,563
the name of the lawyer selected by the indigent person as counsel 3,564
of record; 3,565
(b) Appoint counsel for the indigent person if the person 3,567
has requested the court to appoint counsel and, by signed journal 3,568
entry recorded on its dockets, enter the name of the lawyer 3,569
appointed for the indigent person as counsel of record. 3,570
(3) The board of county commissioners shall establish a 3,572
schedule of fees by case or on an hourly basis to be paid to 3,573
counsel for legal services provided pursuant to a resolution 3,574
adopted under this section. Prior to establishing the schedule, 3,575
the board of county commissioners shall request the bar 3,576
87
association or associations of the county to submit a proposed 3,577
schedule. The schedule submitted shall be subject to the review, 3,578
amendment, and approval of the board of county commissioners. 3,579
(4) Counsel selected by the indigent person or appointed 3,581
by the court at the request of an indigent person in a county 3,582
that adopts a resolution to pay counsel, except for counsel 3,583
appointed to represent a person charged with any violation of an 3,584
ordinance of a municipal corporation that has not contracted with 3,585
the county commissioners for the payment of appointed counsel, 3,586
shall be paid by the county and shall receive the compensation 3,587
and expenses the court approves. Each request for payment shall 3,588
be accompanied by A FINANCIAL DISCLOSURE FORM AND an affidavit of 3,589
indigency THAT ARE completed by the indigent person on forms 3,591
prescribed by the state public defender. Compensation and 3,592
expenses shall not exceed the amounts fixed by the board of 3,593
county commissioners in the schedule adopted pursuant to division 3,594
(A)(3) of this section. No court shall approve compensation and 3,595
expenses that exceed the amount fixed pursuant to division (A)(3) 3,596
of this section.
The fees and expenses approved by the court shall not be 3,598
taxed as part of the costs and shall be paid by the county. 3,599
However, if the person represented has, or may reasonably be 3,600
expected to have, the means to meet some part of the cost of the 3,601
services rendered to the person, the person shall pay the county 3,603
an amount that the person reasonably can be expected to pay. 3,604
Pursuant to section 120.04 of the Revised Code, the county shall 3,605
pay to the state public defender a percentage of the payment 3,607
received from the person in an amount proportionate to the 3,609
percentage of the costs of the person's case that were paid to 3,610
the county by the state public defender pursuant to this section. 3,611
The money paid to the state public defender shall be credited to 3,612
the client payment fund created pursuant to division (B)(5) of 3,614
section 120.04 of the Revised Code. 3,615
The county auditor shall draw a warrant on the county 3,617
88
treasurer for the payment of counsel in the amount fixed by the 3,618
court, plus the expenses the court fixes and certifies to the 3,619
auditor. The county auditor shall report periodically, but not 3,620
less than annually, to the board of county commissioners and to 3,621
the Ohio public defender commission the amounts paid out pursuant 3,622
to the approval of the court. The board of county commissioners, 3,623
after review and approval of the auditor's report, may then 3,624
certify it to the state public defender for reimbursement. If a 3,625
request for reimbursement is not accompanied by A FINANCIAL 3,626
DISCLOSURE FORM AND an affidavit of indigency completed by the 3,628
indigent person on forms prescribed by the state public defender, 3,629
the state public defender shall not pay the requested 3,630
reimbursement. If a request for the reimbursement of the cost of 3,631
counsel in any case is not received by the state public defender 3,632
within ninety days after the end of the calendar month in which 3,633
the case is finally disposed of by the court, unless the county 3,634
has requested and the state public defender has granted an 3,635
extension of the ninety-day limit, the state public defender 3,636
shall not pay the requested reimbursement. The state public 3,637
defender shall also review the report and, in accordance with the 3,638
standards, guidelines, and maximums established pursuant to 3,639
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 3,640
prepare a voucher for fifty per cent of the total cost of each 3,641
county appointed counsel system in the period of time covered by 3,642
the certified report and a voucher for fifty per cent of the 3,643
costs and expenses that are reimbursable under section 120.35 of 3,644
the Revised Code, if any, or, if the amount of money appropriated 3,645
by the general assembly to reimburse counties for the operation 3,646
of county public defender offices, joint county public defender 3,647
offices, and county appointed counsel systems is not sufficient 3,648
to pay fifty per cent of the total cost of all of the offices and 3,649
systems other than costs and expenses that are reimbursable under 3,650
section 120.35 of the Revised Code, for the lesser amount 3,651
required by section 120.34 of the Revised Code. 3,652
89
(5) If any county appointed counsel system fails to 3,654
maintain the standards for the conduct of the system established 3,655
by the rules of the Ohio public defender commission pursuant to 3,656
divisions (B) and (C) of section 120.03 or the standards 3,657
established by the state public defender pursuant to division 3,658
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,659
defender commission shall notify the board of county 3,660
commissioners of the county that the county appointed counsel 3,661
system has failed to comply with its rules or the standards of 3,662
the state public defender. Unless the board of county 3,663
commissioners corrects the conduct of its appointed counsel 3,664
system to comply with the rules and standards within ninety days 3,665
after the date of the notice, the state public defender may deny 3,666
all or part of the county's reimbursement from the state provided 3,668
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 3,670
county public defender to represent indigent persons in the 3,671
proceedings set forth in division (A) of section 120.16 of the 3,672
Revised Code, and in lieu of adopting the resolution and 3,673
following the procedure described in division (A) of this 3,674
section, the board of county commissioners of any county may 3,675
contract with the state public defender for the state public 3,676
defender's legal representation of indigent persons. A contract 3,678
entered into pursuant to this division may provide for payment 3,679
for the services provided on a per case, hourly, or fixed 3,680
contract basis.
(C) If a court appoints an attorney pursuant to this 3,682
section to represent a petitioner in a postconviction relief 3,683
proceeding under section 2953.21 of the Revised Code, the 3,684
petitioner has received a sentence of death, and the proceeding 3,685
relates to that sentence, the attorney who represents the 3,686
petitioner in the proceeding pursuant to the appointment shall be 3,687
certified under Rule 65 of the Rules of Superintendence for 3,688
Common Pleas Courts to represent indigent defendants charged with 3,690
90
or convicted of an offense for which the death penalty can be or 3,691
has been imposed.
Sec. 121.05. Except as otherwise provided in this section, 3,700
in each department, there shall be an assistant director 3,701
designated by the director of that department. In the department 3,702
of health, there shall be two assistant directors, each of whom 3,703
shall be designated by the director of health. In the department 3,705
of transportation, there shall be an assistant director for 3,706
business management, an assistant director for field operations, 3,707
and an assistant director for transportation policy, each of whom 3,709
shall be designated by the director of transportation. In the
department of insurance, the deputy superintendent of insurance 3,711
shall be the assistant director. In the department of
administrative services, there shall be two assistant directors, 3,712
each of whom shall be designated by the director of 3,713
administrative services. In the department of commerce, there 3,714
shall be two assistant directors, each of whom shall be 3,715
designated by the director of commerce. IN THE DEPARTMENT OF 3,716
HUMAN SERVICES, THERE MAY BE UP TO TWO ASSISTANT DIRECTORS, EACH 3,717
OF WHOM SHALL BE DESIGNATED BY THE DIRECTOR OF HUMAN SERVICES. 3,718
In each department, the assistant director shall act as director 3,719
in the absence or disability of the director and also shall act 3,720
as director when the position of director is vacant, except that 3,721
in the department of transportation, the department of health, 3,722
the department of commerce, and the department of administrative 3,723
services, AND THE DEPARTMENT OF HUMAN SERVICES, the director 3,725
shall designate which assistant director shall act as director in 3,726
the director's absence.
A director may designate any of the director's assistant 3,728
directors or a deputy director to serve in the director's place 3,729
as a member of any board, committee, authority, or commission of 3,731
which the director is, by law, a member. The designee, when 3,732
present, shall be counted in determining whether a quorum is 3,733
present at any meeting. The designee may vote and participate in 3,735
91
all proceedings and actions of the board, committee, authority, 3,736
or commission, provided that the designee shall not execute or 3,737
cause a facsimile of the designee's signature to be placed on any 3,739
obligation, or execute any trust agreement or indenture. Such 3,740
THE designation shall be in writing, executed by the designating 3,742
director, filed with the secretary of the board, committee, 3,743
authority, or commission, and shall be in effect until withdrawn 3,744
or superseded by a new designation.
Sec. 121.24. (A) As used in this section: 3,754
(1) "Agency" means any agency as defined in division 3,756
(A)(2) of section 111.15 or division (A) of section 119.01 of the 3,757
Revised Code. 3,758
(2) "Employee" means a person who is employed by a small 3,760
business or small organization for at least one thousand eight 3,761
hundred hours per year. 3,762
(3) A rule is "filed in final form" when it is filed with 3,764
the secretary of state, the director of the legislative service 3,765
commission, and the joint committee on agency rule review under 3,766
division (B)(1) of section 111.15, division (A)(1) of section 3,767
119.04, division (B)(1) of section 4141.14, or division (A) of 3,768
section 5703.14 of the Revised Code. 3,769
(4) "History trail" means the supplementary information 3,771
required to be provided on each copy of a proposed rule, which 3,772
information is not part of the text of the rule, and sets forth 3,773
the statute prescribing the procedure in accordance with which 3,774
the proposed rule is required to be adopted, the statute that 3,775
authorizes the agency to adopt the proposed rule, the statute 3,776
that the agency intends to amplify or implement by adopting the 3,777
proposed rule, the effective dates of any previous versions of 3,778
the rule that is the subject of the proposal, and other similar 3,779
information as prescribed in rules of the legislative service 3,780
commission. 3,781
(5) "Individual" means any individual who is affected by a 3,783
rule in the individual's capacity as an officer or employee of a 3,785
92
small business or small organization. 3,786
(6) "Rule summary and fiscal analysis" means a rule 3,788
summary and fiscal analysis of a proposed rule that provides the 3,789
information required by division (B) of section 127.18 of the 3,790
Revised Code, and that has been prepared in the form prescribed 3,791
by the joint committee on agency rule review under division (E) 3,792
of that section. 3,793
(7) "Rate" means any rate, classification, fare, toll, 3,795
rental, or charge of a public utility. 3,796
(8) "Rule" means any rule, regulation, or standard having 3,798
a general and uniform operation, including any appendix thereto, 3,799
that is adopted, promulgated, and enforced by an agency under the 3,800
authority of the laws governing the agency. "Rule" includes the 3,801
adoption of a new rule or the amendment or rescission of an 3,802
existing rule. "Rule" does not include any of the following: 3,803
(a) A rule proposed under section 1121.05, 1121.06, 3,805
1155.18, or 1163.22 of the Revised Code; 3,806
(b) A rule governing the internal management of an agency 3,808
that does not affect private rights; 3,809
(c) A rule authorized by law to be issued as a temporary 3,811
written order; 3,812
(d) Except as otherwise provided in division (A)(8)(d) of 3,814
this section, a rule or order, whether of a quasi-legislative or 3,815
quasi-judicial nature, proposed by the public utilities 3,816
commission. Any rule or order, whether of a quasi-legislative or 3,817
quasi-judicial nature, proposed by the public utilities 3,818
commission that determines a rate of a public utility to be just 3,819
and reasonable is a "rule" for purposes of this section, unless 3,820
the rule or order contains findings that the public utility, in 3,821
applying for approval of the rate under section 4909.18 of the 3,822
Revised Code, stated facts and grounds sufficient for the 3,823
commission to determine that the proposed rate was just and 3,824
reasonable. 3,825
(e) A proposed rule, the adoption of which is mandated by 3,827
93
a federal law or rule, and which must be adopted substantially as 3,828
prescribed by federal law or rule, to become effective within one 3,829
hundred twenty days of adoption, so long as the history trail of 3,830
the proposed rule contains a statement that it is proposed for 3,831
the purpose of complying with a federal law or rule and a 3,832
citation to the federal law or rule that mandates substantial 3,833
compliance; 3,834
(9) "Small business" means an independently owned and 3,836
operated business having fewer than four hundred employees. 3,837
(10) "Small organization" means an unincorporated 3,839
association, sheltered workshop, or nonprofit enterprise having 3,840
fewer than four hundred employees. This definition is not 3,841
limited to the types of small organizations expressly mentioned, 3,842
and includes all other types of small organizations, so long as 3,843
such organizations have fewer than four hundred employees. 3,844
(B) If an agency intends to adopt a rule, and reasonably 3,846
believes that the proposed rule, if adopted, will be likely to 3,847
affect individuals, small businesses, or small organizations, the 3,848
agency shall comply with the following procedure in adopting the 3,849
rule, in addition to any other procedure required by section 3,850
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 3,851
5117.02 of the Revised Code or any other statute of this state: 3,853
(1) The agency shall prepare a complete and accurate rule 3,855
summary and fiscal analysis of the original version of the 3,856
proposed rule. 3,857
(2) After complying with division (B)(1) of this section, 3,859
and at least sixty days before the agency files the proposed rule 3,860
in final form, the agency shall file with the office of small 3,861
business, one copy of the full text of the original version of 3,862
the proposed rule and one copy of the rule summary and fiscal 3,863
analysis of such proposed rule. 3,864
(3) During a period commencing on the date the original 3,866
version of the proposed rule is filed pursuant to division (B)(2) 3,867
of this section and ending forty days thereafter: 3,868
94
(a) The chairperson of the standing committee of the 3,870
senate or house of representatives having jurisdiction over 3,872
individuals, small businesses, or small organizations, or any 3,873
other person having an interest in the proposed rule, may submit 3,874
written comments to the agency, to the joint committee on agency 3,875
rule review, or to both, concerning the expected effect of the 3,876
proposed rule, if adopted, upon individuals, small businesses, 3,877
and small organizations. The agency and joint committee shall 3,878
accept all such timely submitted written comments. 3,879
(b) The chairperson of the standing committee of the 3,881
senate or house of representatives having jurisdiction over 3,883
individuals, small businesses, or small organizations may request 3,884
the agency to appear before the committee and testify, answer 3,885
questions asked by members of the committee, and produce 3,886
information in the possession of the agency as requested by the 3,887
committee, concerning the expected effect of the proposed rule, 3,888
if adopted, upon individuals, small businesses, or small 3,889
organizations. Upon receipt of a request from the chairperson of 3,891
the appropriate standing committee of the senate or house of 3,892
representatives under division (B)(3)(b) of this section, the 3,893
agency shall designate an officer or employee of the agency to 3,894
appear before the committee, and shall otherwise comply with the 3,895
request, in the manner directed by the request. 3,896
(4) The agency shall not proceed to file the proposed rule 3,898
in final form until it has considered any written comments timely 3,899
submitted to it under division (B)(3)(a) of this section, has 3,900
identified the issues raised by the comments, has assessed the 3,901
proposed rule in light of the issues raised by the comments, and 3,902
has made such revisions in the proposed rule as it considers 3,903
advisable in light of its assessment. 3,904
An agency is not required to put any revised version of a 3,906
proposed rule through the procedure of divisions (B)(1) to (4) of 3,907
this section. 3,908
(C) Any original version of a proposed rule, rule summary 3,910
95
and fiscal analysis, or written comment filed or submitted under 3,911
division (B) of this section shall be preserved by the agency 3,912
with which it is filed or to which it is submitted, and is a 3,913
public record open to public inspection. 3,914
(D) Each agency shall prepare a plan that provides for the 3,916
periodic review, at least once every five years, of each rule of 3,917
the agency that is not otherwise subject to review under section 3,918
119.032 of the Revised Code and that affects individuals, small 3,919
businesses, or small organizations. The purpose of each periodic 3,920
review shall be to determine whether the rule that is being 3,921
reviewed should be continued without change or amended or 3,922
rescinded, consistent with the purpose, scope, and intent of the 3,923
applicable statute authorizing adoption of the rule, so as to 3,924
minimize the economic impact of the rule upon individuals, small 3,925
businesses, or small organizations. Accordingly, in making each 3,926
periodic review of a rule, the agency shall consider the 3,927
continued need for the rule, the nature of any written complaints 3,928
or comments that the agency has received with regard to the rule, 3,929
the extent to which the rule duplicates, overlaps, or conflicts 3,930
with other currently effective rules, and the degree to which 3,931
technology, economic conditions, and other relevant factors have 3,932
changed in the area affected by the rule. 3,933
Each agency shall annually report to the governor and 3,935
general assembly, with regard to each of its rules that have been 3,936
reviewed under this division during the preceding calendar year, 3,937
the title and administrative code rule number of the rule, a 3,938
brief summary of the content and operation of the rule, and a 3,939
brief summary of the results of the review. If the agency is 3,940
otherwise required to make an annual report to the governor and 3,941
general assembly, the agency shall report this information in an 3,942
appropriately designated section of its annual report. If, 3,943
however, the agency is not otherwise required to make an annual 3,944
report to the governor and general assembly, the agency, on or 3,945
before the first day of February, shall report this information 3,946
96
in a separate report to the governor and general assembly. In 3,947
addition to the submissions required by section 101.68 of the 3,948
Revised Code, and in addition to any requirement of that section 3,949
to submit notice of the availability of a report instead of 3,950
copies of the report, the agency shall submit copies of its 3,951
annual or separate report, which provides the information 3,952
required by this division, to the chairpersons of the standing 3,954
committees of the senate and house of representatives having 3,955
jurisdiction over individuals, small businesses, and small 3,956
organizations. 3,957
Each agency having rules in effect on the effective date of 3,959
this section JANUARY 1, 1985, that affect individuals, small 3,961
businesses, or small organizations shall divide those rules into 3,962
groups, so that at least one-fifth of those rules are reviewed 3,963
during each year of a five-year period commencing on the 3,964
effective date of this section JANUARY 1, 1985. A rule that is 3,965
newly adopted after the effective date of this section JANUARY 1, 3,967
1985, shall be reviewed five years after its effective date. 3,970
When a rule has once been reviewed, it shall thereafter be
reviewed again at five-year intervals. 3,971
(E) Each agency shall designate an individual or office 3,973
within the agency to be responsible for complying with this 3,974
division. Each individual or office that has been so designated 3,975
shall, within ten days after receiving a request therefor from 3,976
any person: 3,977
(1) Provide the person with copies of any rule proposed by 3,979
the agency that would affect individuals, small businesses, or 3,980
small organizations; 3,981
(2) Provide the person with copies of the rule summary and 3,983
fiscal analysis of any rule proposed by the agency that would 3,984
affect individuals, small businesses, or small organizations; or 3,985
(3) Find, collate, and make available to the person any 3,987
information in the possession of the agency regarding a rule 3,988
proposed by the agency, which information would be of interest to 3,989
97
individuals, small businesses, or small organizations. 3,990
The agency shall inform the office of small business in 3,992
writing of the name, address, and telephone number of each 3,993
individual or office designated under this division. The agency 3,994
shall promptly inform the office of small business in writing of 3,995
any change in the information thus provided. 3,996
(F) Division (B) of this section does not apply to any 3,998
emergency rule adopted under division (B)(2) of section 111.15 or 3,999
division (F) of section 119.03 of the Revised Code, except that 4,000
the emergency rule becomes subject to such division when it is 4,001
adopted pursuant to the procedure of section 111.15 or 119.03 of 4,002
the Revised Code for the adoption of rules not of an emergency 4,003
nature. 4,004
(G) The department of taxation shall provide a copy of the 4,006
full text of any rule proposed by the department that may affect 4,007
any business to the office of small business, and the department 4,008
shall designate an office within the agency responsible for 4,009
providing a copy of any such rule within ten days of receiving a 4,010
request from any person. 4,011
Sec. 121.481. THE SPECIAL INVESTIGATIONS FUND IS HEREBY 4,013
CREATED IN THE STATE TREASURY FOR THE PURPOSE OF PAYING COSTS OF 4,014
INVESTIGATIONS CONDUCTED BY THE INSPECTOR GENERAL. IN RESPONSE 4,015
TO REQUESTS FROM THE INSPECTOR GENERAL, THE CONTROLLING BOARD MAY 4,016
MAKE TRANSFERS TO THE FUND FROM THE EMERGENCY PURPOSES 4,017
APPROPRIATION OF THE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS: 4,018
(A) THE INSPECTOR GENERAL SHALL NOT REQUEST A TRANSFER 4,020
THAT WOULD CAUSE THE UNOBLIGATED, UNENCUMBERED BALANCE IN THE 4,021
FUND TO EXCEED ONE HUNDRED THOUSAND DOLLARS AT ANY ONE TIME; 4,022
(B) IN REQUESTING A TRANSFER, THE INSPECTOR GENERAL SHALL 4,024
NOT DISCLOSE ANY INFORMATION THAT WOULD RISK IMPAIRING THE 4,025
INVESTIGATION IF IT BECAME PUBLIC, PROVIDED THAT AFTER ANY 4,026
INVESTIGATION USING MONEY TRANSFERRED TO THE FUND FROM AN 4,027
EMERGENCY PURPOSES APPROPRIATION HAS BEEN COMPLETED, THE 4,028
INSPECTOR GENERAL SHALL REPORT TO THE BOARD THE OBJECT AND COST 4,029
98
OF THE INVESTIGATION, BUT NOT ANY INFORMATION DESIGNATED AS 4,030
CONFIDENTIAL UNDER SECTION 121.44 OF THE REVISED CODE. 4,031
Sec. 122.011. (A) The department of development shall 4,040
develop and promote plans and programs designed to assure that 4,041
state resources are efficiently used, economic growth is properly 4,042
balanced, community growth is developed in an orderly manner, and 4,043
local governments are coordinated with each other and the state, 4,044
and for such purposes may do all of the following: 4,045
(1) Serve as a clearinghouse for information, data, and 4,047
other materials that may be helpful or necessary to persons or 4,048
local governments, as provided in section 122.07 of the Revised 4,049
Code; 4,050
(2) Prepare and activate plans for the retention, 4,052
development, expansion, and use of the resources and commerce of 4,053
the state, as provided in section 122.04 of the Revised Code; 4,054
(3) Assist and cooperate with federal, state, and local 4,056
governments and agencies of federal, state, and local governments 4,058
in the coordination of programs to carry out the functions and
duties of the department; 4,059
(4) Encourage and foster research and development 4,061
activities, conduct studies related to the solution of community 4,062
problems, and develop recommendations for administrative or 4,063
legislative actions, as provided in section 122.03 of the Revised 4,064
Code; 4,065
(5) Serve as the economic and community development 4,067
planning agency, which shall prepare and recommend plans and 4,068
programs for the orderly growth and development of this state and 4,069
which shall provide planning assistance, as provided in section 4,070
122.06 of the Revised Code; 4,071
(6) Cooperate with and provide technical assistance to 4,073
state departments, political subdivisions, regional and local 4,074
planning commissions, tourist associations, councils of 4,075
government, community development groups, community action 4,076
agencies, and other appropriate organizations for carrying out 4,077
99
the functions and duties of the department or for the solution of 4,078
community problems.; 4,079
(7) Coordinate the activities of state agencies that have 4,081
an impact on carrying out the functions and duties of the 4,082
department; 4,083
(8) Encourage and assist the efforts of and cooperate with 4,085
local governments to develop mutual and cooperative solutions to 4,086
their common problems that relate to carrying out the purposes of 4,087
this section; 4,088
(9) Study existing structure, operations, AND financing of 4,090
regional or local government and those state activities that 4,091
involve significant relations with regional or local governmental 4,092
units, recommend to the governor and to the general assembly such 4,093
changes in these provisions and activities as will improve the 4,094
operations of regional or local government, and conduct other 4,095
studies of legal provisions that affect problems related to 4,096
carrying out the purposes of this section; 4,097
(10) Appoint, with the approval of the governor, technical 4,100
and other advisory councils as it considers appropriate, as 4,101
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 4,103
development to develop and administer programs and activities 4,104
that are authorized by federal statute or the Revised Code; 4,105
(12) Until June 30, 1999 JULY 1, 2001, review, analyze, 4,108
and summarize applications and information regarding the family 4,110
farm loan program forwarded to the department by a financial 4,111
institution pursuant to section 901.81 of the Revised Code, and 4,114
forward the applications, information, analyses, and summaries to 4,115
the director of agriculture; 4,116
(13) Until June 30, 1999 JULY 1, 2001, establish fees and 4,119
charges, in consultation with the director of agriculture, for 4,121
purchasing loans from financial institutions and providing loan 4,122
guarantees under the family farm loan program created under 4,124
sections 901.80 to 901.83 of the Revised Code;
100
(14) Provide loan servicing for the loans purchased and 4,126
loan guarantees provided under section 901.80 of the Revised Code 4,128
as such THAT section existed prior to June 30, 1999 JULY 1, 2001; 4,130
(15) Until June 30, 1999 JULY 1, 2001, and upon approval 4,133
by the controlling board under division (A)(3) of section 901.82 4,134
of the Revised Code of the release of money to be used for 4,137
purchasing a loan or providing a loan guarantee, request the
release of such THAT money in accordance with division (B) of 4,140
section 166.03 of the Revised Code for use for the purposes of 4,143
the fund created by section 166.031 of the Revised Code. 4,144
(B) The department, by rule, shall establish criteria 4,146
defining nonprofit corporations that are eligible for appointment 4,147
as qualified agents pursuant to sections 135.81 to 135.88 of the 4,148
Revised Code. The criteria shall require that a corporation be 4,149
organized pursuant to Chapter 1702. of the Revised Code and have 4,150
as its primary purpose the promotion of economic development or 4,151
the creation or retention of jobs and job opportunities. The 4,152
criteria may include a specification as to the professional 4,153
qualifications of the corporation employees, a minimum elapsed 4,154
period of time since the corporation was organized, current and 4,155
former activities of the corporation, and such other criteria 4,156
reasonably related to the foregoing that relate to the ability of 4,157
the corporation to act as a qualified agent for the purposes of 4,158
sections 135.51 to 135.88 of the Revised Code. 4,159
(C) The director of development may request the attorney 4,161
general to, and the attorney general, in accordance with section 4,162
109.02 of the Revised Code, shall bring a civil action in any 4,164
court of competent jurisdiction. The director may be sued in the 4,165
director's official capacity, in connection with this chapter, in 4,166
accordance with Chapter 2743. of the Revised Code.
Sec. 122.05. (A) The director of development may, to 4,175
carry out the purposes of division (E) of section 122.04 of the 4,176
Revised Code:
(1) Establish offices in foreign countries as the director 4,178
101
considers appropriate and enter into leases of real property, 4,180
buildings, and office space that are appropriate for these 4,181
offices;
(2) Appoint personnel, who shall be in the unclassified 4,183
civil services, necessary to operate such offices and fix their 4,185
compensation. The director may enter into contracts with foreign 4,186
nationals to staff the foreign offices established under this 4,187
section.
(3) The director may establish UNITED STATES DOLLAR AND 4,190
foreign currency accounts with banks in countries in which 4,191
foreign offices have been established under this section, for the 4,192
payment of expenses related to the operation and maintenance of 4,193
those THE offices ESTABLISHED UNDER THIS SECTION. The director 4,194
may also establish accounts with domestic banks to deposit funds 4,195
that have been converted to the appropriate currency of the 4,196
offices established under this section. The director shall 4,197
establish procedures acceptable to the director of budget and
management for the conversion, transfer, and control of UNITED 4,199
STATES DOLLARS AND foreign currency in domestic and foreign banks 4,200
and for the accounting of funds at the end of each biennium. 4,201
(4) Do all things necessary and appropriate for the 4,203
operation of the state's foreign offices. 4,205
(B) All contracts entered into under division (A)(2) of 4,207
this section and any payments of expenses related to the 4,208
operation and maintenance of foreign offices established under 4,209
this section may be paid in the appropriate foreign currency and 4,210
are exempt from sections 127.16 and 5147.07 and Chapters 124., 4,211
125., and 153. of the Revised Code.
Sec. 122.15. As used in sections 122.15 to 122.154 of the 4,221
Revised Code:
(A) "Edison center" means a cooperative research and 4,223
development facility that receives funding through the Thomas 4,224
Alva Edison grant program under division (C) of section 122.33 of 4,226
the Revised Code.
102
(B) "Ohio entity" means any corporation, limited liability 4,229
company, or unincorporated business organization, including a 4,230
general or limited partnership, that has its principal place of 4,231
business located in this state and has at least fifty per cent of 4,232
its gross assets and fifty per cent of its employees located in 4,233
this state. If a corporation, limited liability company, or 4,235
unincorporated business organization is a member of an affiliated 4,236
group, the gross assets and the number of employees of all of the 4,238
members of that affiliated group, wherever those assets and 4,239
employees are located, shall be included for the purpose of 4,240
determining the percentage of the corporation's, company's, or
organization's gross assets and employees that are located in 4,241
this state. 4,242
(C) "Qualified trade or business" means any trade or 4,245
business that primarily involves research and development,
technology transfer, bio-technology, or the application of new 4,246
technology developed through research and development or acquired 4,248
through technology transfer. "Qualified trade or business" does 4,250
not include any of the following:
(1) Any trade or business involving the performance of 4,252
services in the field of law, engineering, architecture, 4,253
accounting, actuarial science, performing arts, consulting, 4,254
athletics, financial services, or brokerage services, or any 4,255
trade or business where the principal asset of the trade or 4,256
business is the reputation or skill of one or more of its 4,257
employees; 4,258
(2) Any banking, insurance, financing, leasing, rental, 4,260
investing, or similar business; 4,261
(3) Any farming business, including the business of 4,263
raising or harvesting trees; 4,264
(4) Any business involving the production or extraction of 4,267
products of a character with respect to which a deduction is
allowable under section 611, 613, or 613A of the "Internal 4,269
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 4,271
103
613A;
(5) Any business of operating a hotel, motel, restaurant, 4,274
or similar business;
(6) Any trade or business involving a hospital, a private 4,276
office of a licensed health care professional, a group practice 4,277
of licensed health care professionals, or a nursing home. As 4,278
used in division (C)(6) of this section: 4,279
(a) "Nursing home" has the same meaning as in section 4,281
3721.50 of the Revised Code. 4,282
(b) "Hospital" has the same meaning as in section 3727.01 4,284
of the Revised Code. 4,285
(D) "Insider" means an individual who owns, controls, or 4,287
holds power to vote five per cent or more of the outstanding 4,288
securities of a business. For purposes of determining whether an 4,289
investor is an insider, the percentage of voting power in the 4,290
Ohio entity held by a person related to the investor shall be 4,291
added to the investor's percentage of voting power in the same 4,292
Ohio entity, if the investor claimed the person related to the 4,293
investor as a dependent or a spouse on the investor's federal
income tax return for the previous tax year. 4,294
(E) "Related to" means being the spouse, parent, child, or 4,296
sibling of an individual. 4,297
(F) "Research and development" means designing, creating, 4,300
or formulating new or enhanced products, equipment, or processes, 4,301
and conducting scientific or technological inquiry and 4,302
experimentation in the physical sciences with the goal of 4,303
increasing scientific knowledge that may reveal the bases for new 4,304
or enhanced products, equipment, or processes. 4,305
(G) "State tax liability" means any tax liability incurred 4,309
under division (D) of section 5707.03, section 5727.24, 5727.38, 4,310
or 5747.02, or Chapter 5733. of the Revised Code. 4,311
(H) "Technology transfer" means the transfer of technology 4,314
from one sector of the economy to another, including the transfer 4,315
of military technology to civilian applications, civilian 4,316
104
technology to military applications, or technology from public or 4,317
private research laboratories to military or civilian 4,318
applications.
(I) "Affiliated group" means two or more persons related 4,321
in such a way that one of the persons owns or controls the 4,322
business operations of another of those persons. In the case of 4,323
a corporation issuing capital stock, one corporation owns or 4,324
controls the business operations of another corporation if it 4,326
owns more than fifty per cent of the other corporation's capital 4,327
stock with voting rights. In the case of a limited liability 4,328
company, one person owns or controls the business operations of 4,329
the company if that person's membership interest, as defined in 4,330
section 1705.01 of the Revised Code, is greater than fifty per 4,331
cent of combined membership interest of all persons owning such
interests in the company. In the case of an unincorporated 4,332
business organization, one person owns or controls the business 4,333
operations of the organization if, under the articles of 4,334
organization or other instrument governing the affairs of the 4,335
organization, that person has a beneficial interest in the 4,336
organization's profits, surpluses, losses, or other distributions 4,337
greater than fifty per cent of the combined beneficial interests
of all persons having such an interest in the organization. 4,338
(J) "Money" means United States currency, or a check, 4,341
draft, or cashier's check for United States currency, payable on 4,342
demand and drawn on a bank.
Sec. 122.152. (A) After receiving notice of approval for 4,352
an investment of money from the industrial technology and 4,353
enterprise advisory council committee under section 122.151 of 4,355
the Revised Code, an investor, within a period of time determined 4,357
by the committee, may make the investment and apply to the 4,358
council for a tax credit certificate. If the council is 4,359
satisfied the investor has made the investment in the proper 4,360
form, it shall issue to the investor a tax credit certificate 4,361
indicating that the investor is allowed a tax credit in an amount 4,363
105
equal to twenty-five per cent of the investment.
An investor who receives approval of a proposed investment 4,365
of money through a group application, after making the 4,366
investment, shall apply for a tax credit certificate on an 4,368
individual basis.
(B) An investor who is issued a tax credit certificate 4,371
under this section may claim a nonrefundable credit equal to the 4,372
amount indicated on the certificate against any state tax 4,373
liability. The investor shall claim the credit for the taxable 4,374
year in which the certificate is issued. 4,375
(1) If the credit to which a taxpayer otherwise would be 4,378
entitled under this section for any taxable year is greater than 4,379
the tax otherwise due under division (D) of section 5707.03 or 4,380
section 5727.24 OR 5727.38 of the Revised Code, the excess shall 4,381
be allowed as a credit in each of the ensuing fifteen taxable 4,383
years, but the amount of any excess credit allowed in an ensuing 4,385
taxable year shall be deducted from the balance carried forward 4,386
to the next taxable year.
(2) If the credit to which a taxpayer otherwise would be 4,389
entitled under this section for any taxable year is greater than 4,390
the tax otherwise due under section 5747.02 or Chapter 5733. of 4,391
the Revised Code, after allowing for any other credits that 4,392
precede the credit allowed under this section in the order 4,393
required under section 5733.98 or 5747.98 of the Revised Code, 4,394
the excess shall be allowed as a credit in each of the ensuing 4,395
fifteen taxable years, but the amount of any excess credit 4,396
allowed in an ensuing taxable year shall be deducted from the 4,397
balance carried forward to the next taxable year. 4,398
(C) Any portion of a credit allowed under this section 4,401
that is utilized by an investor to reduce the investor's state 4,402
tax liability shall not be utilized by any other person.
(D) To claim a tax credit allowed under this section, an 4,405
investor shall attach to the appropriate return a copy of the 4,406
certificate issued to the investor under this section. 4,407
106
(E) Nothing in this section shall limit or disallow 4,410
pass-through treatment of a pass-through entity's income, 4,411
deductions, or credits, or other amounts necessary to compute a 4,412
state tax liability. 4,413
(F) A tax credit certificate issued to an investor under 4,416
this section may not be transferred by that investor to any other 4,417
person.
(G)(1) The industrial technology and enterprise advisory 4,419
council shall develop the form of the tax credit certificate and 4,421
shall use that form when issuing a tax credit certificate under 4,422
this section.
(2) The industrial technology and enterprise advisory 4,425
council shall report to the tax commissioner any information 4,426
requested by the commissioner concerning tax credit certificates 4,427
issued under this section. 4,428
(H) An investment made by an investor or group of 4,430
investors who enter into a contractual agreement with an Ohio 4,433
entity to invest money in the Ohio entity is an acceptable 4,434
investment if all of the following conditions are met: 4,435
(1) The investment is made pursuant to a subscription 4,437
agreement providing that the investor or group of investors is 4,438
entitled to receive a refund of funds if the investment is not 4,439
approved by the industrial technology and enterprise advisory 4,440
council. 4,441
(2) The investment is placed in escrow until the 4,443
investment is approved by the industrial technology and 4,444
enterprise advisory council. 4,445
(3) The investor or group of investors shows proof of the 4,447
withdrawal of the funds by the Ohio entity after the investment 4,449
is approved by the industrial technology and enterprise advisory 4,450
council.
Sec. 122.19. AS USED IN SECTIONS 122.19 TO 122.22 OF THE 4,453
REVISED CODE:
(A) "DISTRESSED AREA" MEANS EITHER A MUNICIPAL CORPORATION 4,455
107
THAT HAS A POPULATION OF AT LEAST FIFTY THOUSAND OR A COUNTY, 4,456
THAT MEETS AT LEAST TWO OF THE FOLLOWING CRITERIA OF ECONOMIC 4,457
DISTRESS:
(1) ITS AVERAGE RATE OF UNEMPLOYMENT, DURING THE MOST 4,459
RECENT FIVE-YEAR PERIOD FOR WHICH DATA ARE AVAILABLE, IS EQUAL TO 4,460
AT LEAST ONE HUNDRED TWENTY-FIVE PER CENT OF THE AVERAGE RATE OF 4,461
UNEMPLOYMENT FOR THE UNITED STATES FOR THE SAME PERIOD. 4,462
(2) IT HAS A PER CAPITA INCOME EQUAL TO OR BELOW EIGHTY 4,464
PER CENT OF THE MEDIAN COUNTY PER CAPITA INCOME OF THE UNITED 4,465
STATES AS DETERMINED BY THE MOST RECENTLY AVAILABLE FIGURES FROM 4,467
THE UNITED STATES CENSUS BUREAU. 4,468
(3)(a) IN THE CASE OF A MUNICIPAL CORPORATION, AT LEAST 4,470
TWENTY PER CENT OF THE RESIDENTS HAVE A TOTAL INCOME FOR THE MOST 4,471
RECENT CENSUS YEAR THAT IS BELOW THE OFFICIAL POVERTY LINE. 4,472
(b) IN THE CASE OF A COUNTY, IN INTERCENSAL YEARS, THE 4,474
COUNTY HAS A RATIO OF TRANSFER PAYMENT INCOME TO TOTAL COUNTY 4,475
INCOME EQUAL TO OR GREATER THAN TWENTY-FIVE PER CENT. 4,476
(B) "ELIGIBLE APPLICANT" MEANS ANY OF THE FOLLOWING THAT 4,478
ARE DESIGNATED BY THE LEGISLATIVE AUTHORITY OF A COUNTY, 4,479
TOWNSHIP, OR MUNICIPAL CORPORATION AS PROVIDED IN DIVISION (B)(1) 4,480
OF SECTION 122.22 OF THE REVISED CODE: 4,481
(1) A PORT AUTHORITY AS DEFINED IN DIVISION (A) OF SECTION 4,483
4582.01 OR DIVISION (A) OF SECTION 4582.21 OF THE REVISED CODE; 4,484
(2) A COMMUNITY IMPROVEMENT CORPORATION AS DESCRIBED IN 4,486
SECTION 1724.01 OF THE REVISED CODE; 4,487
(3) A COMMUNITY-BASED ORGANIZATION OR ACTION GROUP THAT 4,489
PROVIDES SOCIAL SERVICES AND HAS EXPERIENCE IN ECONOMIC 4,490
DEVELOPMENT;
(4) ANY OTHER NONPROFIT ECONOMIC DEVELOPMENT ENTITY; 4,492
(5) A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION IF IT 4,494
DESIGNATES ITSELF. 4,495
(C) "ELIGIBLE AREA" MEANS A DISTRESSED AREA, A LABOR 4,497
SURPLUS AREA, AN INNER CITY AREA, OR A SITUATIONAL DISTRESS AREA, 4,498
AS DESIGNATED ANNUALLY BY THE DIRECTOR OF DEVELOPMENT UNDER 4,499
108
DIVISION (A) OF SECTION 122.21 OF THE REVISED CODE. 4,500
(D) "GOVERNING BODY" MEANS, IN THE CASE OF A COUNTY, THE 4,502
BOARD OF COUNTY COMMISSIONERS; IN THE CASE OF A MUNICIPAL 4,503
CORPORATION, THE LEGISLATIVE AUTHORITY; AND IN THE CASE OF A
TOWNSHIP, THE BOARD OF TOWNSHIP TRUSTEES. 4,504
(E) "INFRASTRUCTURE IMPROVEMENTS" INCLUDES SITE 4,506
PREPARATION, INCLUDING BUILDING DEMOLITION AND REMOVAL; RETENTION 4,507
PONDS AND FLOOD AND DRAINAGE IMPROVEMENTS; STREETS, ROADS,
BRIDGES, AND TRAFFIC CONTROL DEVICES; PARKING LOTS AND 4,508
FACILITIES; WATER AND SEWER LINES AND TREATMENT PLANTS; GAS, 4,509
ELECTRIC, AND TELECOMMUNICATIONS HOOK-UPS; AND WATERWAY AND 4,510
RAILWAY ACCESS IMPROVEMENTS. 4,511
(F) "INNER CITY AREA" MEANS, IN A MUNICIPAL CORPORATION 4,513
THAT HAS A POPULATION OF AT LEAST ONE HUNDRED THOUSAND AND DOES 4,514
NOT MEET THE CRITERIA OF A LABOR SURPLUS AREA OR A DISTRESSED
AREA, TARGETED INVESTMENT AREAS ESTABLISHED BY THE MUNICIPAL 4,515
CORPORATION WITHIN ITS BOUNDARIES THAT ARE COMPRISED OF THE MOST 4,516
RECENT CENSUS BLOCK TRACTS THAT INDIVIDUALLY HAVE AT LEAST TWENTY 4,517
PER CENT OF THEIR POPULATION AT OR BELOW THE STATE POVERTY LEVEL, 4,518
OR OTHER CENSUS BLOCK TRACTS CONTIGUOUS TO SUCH CENSUS BLOCK 4,519
TRACTS.
(G) "LABOR SURPLUS AREA" MEANS AN AREA DESIGNATED AS A 4,521
LABOR SURPLUS AREA BY THE UNITED STATES DEPARTMENT OF LABOR. 4,522
(H) "OFFICIAL POVERTY LINE" HAS THE SAME MEANING AS IN 4,524
DIVISION (A) OF SECTION 3923.51 OF THE REVISED CODE. 4,525
(I) "REDEVELOPMENT PLAN" MEANS A PLAN THAT INCLUDES ALL OF 4,527
THE FOLLOWING: A PLAT; A LAND USE DESCRIPTION; IDENTIFICATION OF 4,528
ALL UTILITIES AND INFRASTRUCTURE NEEDED TO DEVELOP THE PROPERTY,
INCLUDING STREET CONNECTIONS; HIGHWAY, RAIL, AIR, OR WATER 4,529
ACCESS; UTILITY CONNECTIONS; WATER AND SEWER TREATMENT 4,530
FACILITIES; STORM DRAINAGE; AND PARKING, AND ANY OTHER ELEMENTS 4,531
REQUIRED BY A RULE ADOPTED BY THE DIRECTOR OF DEVELOPMENT UNDER 4,532
DIVISION (B) OF SECTION 122.21 OF THE REVISED CODE. 4,533
(J) "SITUATIONAL DISTRESS AREA" MEANS A COUNTY OR A 4,535
109
MUNICIPAL CORPORATION THAT HAS EXPERIENCED OR IS EXPERIENCING A 4,536
CLOSING OR DOWNSIZING OF A MAJOR EMPLOYER THAT WILL ADVERSELY
AFFECT THE COUNTY'S OR MUNICIPAL CORPORATION'S ECONOMY. IN ORDER 4,537
TO BE DESIGNATED AS A SITUATIONAL DISTRESS AREA FOR A PERIOD NOT 4,538
TO EXCEED THIRTY-SIX MONTHS, THE COUNTY OR MUNICIPAL CORPORATION 4,539
MAY PETITION THE DIRECTOR OF DEVELOPMENT. THE PETITION SHALL 4,540
INCLUDE DOCUMENTATION THAT DEMONSTRATES ALL OF THE FOLLOWING: 4,541
(1) THE NUMBER OF JOBS LOST BY THE CLOSING OR DOWNSIZING; 4,543
(2) THE IMPACT THAT THE JOB LOSS HAS ON THE COUNTY'S OR 4,545
MUNICIPAL CORPORATION'S UNEMPLOYMENT RATE AS MEASURED BY THE OHIO 4,546
BUREAU OF EMPLOYMENT SERVICES; 4,547
(3) THE ANNUAL PAYROLL ASSOCIATED WITH THE JOB LOSS; 4,549
(4) THE AMOUNT OF STATE AND LOCAL TAXES ASSOCIATED WITH 4,551
THE JOB LOSS; 4,552
(5) THE IMPACT THAT THE CLOSING OR DOWNSIZING HAS ON THE 4,554
SUPPLIERS LOCATED IN THE COUNTY OR MUNICIPAL CORPORATION. 4,555
Sec. 122.20. (A) THE URBAN AND RURAL INITIATIVE GRANT 4,557
PROGRAM IS HEREBY CREATED TO PROMOTE ECONOMIC DEVELOPMENT AND 4,558
IMPROVE THE ECONOMIC WELFARE OF THE PEOPLE OF THE STATE, WHICH
SHALL BE ACCOMPLISHED BY THE DEPARTMENT OF DEVELOPMENT AWARDING 4,559
GRANTS TO ELIGIBLE APPLICANTS FOR USE IN AN ELIGIBLE AREA FOR ANY 4,560
OF THE FOLLOWING PURPOSES: 4,561
(1) LAND ACQUISITION; 4,563
(2) INFRASTRUCTURE IMPROVEMENTS; 4,565
(3) VOLUNTARY ACTIONS UNDERTAKEN ON PROPERTY ELIGIBLE FOR 4,567
THE VOLUNTARY ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE 4,569
REVISED CODE;
(4) RENOVATION OF EXISTING STRUCTURES. 4,571
(B) THE TOTAL AMOUNT OF GRANTS AWARDED UNDER THE PROGRAM 4,573
SHALL NOT EXCEED TWO MILLION DOLLARS. NO GRANT SHALL BE AWARDED 4,575
WITHOUT THE PRIOR APPROVAL OF THE CONTROLLING BOARD.
(C) AS A CONDITION OF RECEIVING A GRANT UNDER THIS 4,577
SECTION, AND EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 4,578
AN APPLICANT SHALL AGREE NOT TO PERMIT THE USE OF A SITE THAT IS 4,579
110
DEVELOPED OR IMPROVED WITH SUCH GRANT MONEYS TO CAUSE THE 4,581
RELOCATION OF JOBS TO THAT SITE FROM ELSEWHERE IN THIS STATE. 4,582
(D) A SITE DEVELOPED OR IMPROVED WITH GRANT MONEYS AWARDED 4,584
UNDER THIS SECTION MAY BE THE SITE OF JOBS RELOCATED FROM 4,585
ELSEWHERE IN THIS STATE IF THE DIRECTOR OF DEVELOPMENT DOES ALL 4,586
OF THE FOLLOWING: 4,587
(1) MAKES A WRITTEN DETERMINATION THAT THE SITE FROM WHICH 4,589
THE JOBS WOULD BE RELOCATED IS INADEQUATE TO MEET MARKET OR 4,590
INDUSTRY CONDITIONS, EXPANSION PLANS, CONSOLIDATION PLANS, OR 4,591
OTHER BUSINESS CONSIDERATIONS AFFECTING THE RELOCATING EMPLOYER; 4,592
(2) PROVIDES A COPY OF THE DETERMINATION REQUIRED BY 4,594
DIVISION (D)(1) OF THIS SECTION TO THE MEMBERS OF THE GENERAL 4,595
ASSEMBLY WHOSE LEGISLATIVE DISTRICTS INCLUDE THE SITE FROM WHICH 4,596
THE JOBS WOULD BE RELOCATED, AND TO THE JOINT LEGISLATIVE
COMMITTEE ON TAX INCENTIVES; 4,597
(3) DETERMINES THAT THE GOVERNING BODY OF THE AREA FROM 4,599
WHICH THE JOBS WOULD BE RELOCATED HAS BEEN NOTIFIED IN WRITING BY 4,600
THE RELOCATING COMPANY OF THE POSSIBLE RELOCATION. 4,601
(E) NO ELIGIBLE APPLICANT THAT RECEIVES FROM THE PROGRAM 4,603
ANY GRANT OF MONEY FOR LAND ACQUISITION, INFRASTRUCTURE 4,604
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR 4,605
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,606
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,608
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION
122.23 OF THE REVISED CODE SHALL USE THE MONEY TO COMPETE AGAINST 4,609
ANY EXISTING OHIO INDUSTRIAL PARKS. 4,610
(F) AN ELIGIBLE APPLICANT THAT RECEIVES A GRANT FROM THE 4,612
PROGRAM SHALL NOT BE PRECLUDED FROM BEING CONSIDERED FOR OR 4,613
PARTICIPATING IN OTHER FINANCIAL ASSISTANCE PROGRAMS OFFERED BY
THE DEPARTMENT OF DEVELOPMENT, THE OHIO ENVIRONMENTAL PROTECTION 4,614
AGENCY, OR THE OHIO WATER DEVELOPMENT AUTHORITY. 4,615
Sec. 122.21. IN ADMINISTERING THE URBAN AND RURAL 4,617
INITIATIVE GRANT PROGRAM CREATED UNDER SECTION 122.20 OF THE 4,618
111
REVISED CODE, THE DIRECTOR OF DEVELOPMENT SHALL DO ALL OF THE 4,619
FOLLOWING:
(A) ANNUALLY DESIGNATE, BY THE FIRST DAY OF JANUARY OF 4,621
EACH YEAR, THE ENTITIES THAT CONSTITUTE THE ELIGIBLE AREAS IN 4,623
THIS STATE;
(B) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 4,626
REVISED CODE ESTABLISHING PROCEDURES AND FORMS BY WHICH ELIGIBLE 4,628
APPLICANTS IN ELIGIBLE AREAS MAY APPLY FOR A GRANT, WHICH 4,629
PROCEDURES SHALL INCLUDE A REQUIREMENT THAT THE APPLICANT FILE A 4,630
REDEVELOPMENT PLAN; STANDARDS AND PROCEDURES FOR REVIEWING 4,631
APPLICATIONS AND AWARDING GRANTS; PROCEDURES FOR DISTRIBUTING 4,632
GRANTS TO RECIPIENTS; PROCEDURES FOR MONITORING THE USE OF GRANTS 4,633
BY RECIPIENTS; REQUIREMENTS, PROCEDURES, AND FORMS BY WHICH 4,634
RECIPIENTS WHO HAVE RECEIVED GRANTS SHALL REPORT THEIR USE OF 4,635
THAT ASSISTANCE; AND STANDARDS AND PROCEDURES FOR TERMINATING AND 4,636
REQUIRING REPAYMENT OF GRANTS IN THE EVENT OF THEIR IMPROPER USE. 4,637
THE RULES ADOPTED UNDER THIS DIVISION SHALL COMPLY WITH SECTIONS 4,638
122.19 TO 122.22 OF THE REVISED CODE AND SHALL INCLUDE A RULE 4,639
REQUIRING THAT AN ELIGIBLE APPLICANT WHO RECEIVES A GRANT FROM
THE PROGRAM PROVIDE A MATCHING CONTRIBUTION OF AT LEAST 4,640
TWENTY-FIVE PER CENT OF THE AMOUNT OF THE GRANT AWARDED TO THE
ELIGIBLE APPLICANT. 4,641
THE RULES SHALL REQUIRE THAT ANY ELIGIBLE APPLICANT FOR A 4,643
GRANT FOR LAND ACQUISITION DEMONSTRATE TO THE DIRECTOR THAT THE 4,644
PROPERTY TO BE ACQUIRED MEETS ALL STATE ENVIRONMENTAL 4,645
REQUIREMENTS AND THAT UTILITIES FOR THAT PROPERTY ARE AVAILABLE 4,646
AND ADEQUATE. THE RULES SHALL REQUIRE THAT ANY ELIGIBLE 4,647
APPLICANT FOR A GRANT FOR PROPERTY ELIGIBLE FOR THE VOLUNTARY 4,648
ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE REVISED CODE 4,649
RECEIVE DISBURSEMENT OF GRANT MONEYS ONLY AFTER RECEIVING A 4,650
COVENANT NOT TO SUE FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION 4,651
UNDER SECTION 3746.12 OF THE REVISED CODE AND SHALL REQUIRE THAT 4,653
THOSE MONEYS BE DISBURSED ONLY AS REIMBURSEMENT OF ACTUAL
EXPENSES INCURRED IN THE UNDERTAKING OF THE VOLUNTARY ACTION. 4,654
112
THE RULES SHALL REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR 4,655
LAND ACQUISITION, INFRASTRUCTURE IMPROVEMENTS, OR RENOVATION OF 4,656
EXISTING STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE 4,657
FOR A DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL 4,658
DISTRESS AREA AS DEFINED IN SECTION 122.19 OF THE REVISED CODE 4,659
THAT ALSO IS A DISTRESSED AREA, LABOR SURPLUS AREA, OR 4,660
SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 122.23 OF THE 4,661
REVISED CODE, A SUBSTANTIAL PORTION OF THE SITE BE USED FOR 4,662
MANUFACTURING, DISTRIBUTION, HIGH TECHNOLOGY, RESEARCH AND 4,663
DEVELOPMENT, OR OTHER BUSINESSES IN WHICH A MAJORITY OF THE 4,664
PRODUCT OR SERVICE PRODUCED IS EXPORTED OUT OF THE STATE. ANY 4,665
RETAIL USE AT THE SITE SHALL NOT CONSTITUTE A PRIMARY USE BUT 4,666
ONLY A USE INCIDENTAL TO OTHER ELIGIBLE USES. THE RULES SHALL 4,667
REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR LAND ACQUISITION, 4,668
INFRASTRUCTURE IMPROVEMENTS, AND RENOVATION OF EXISTING 4,669
STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE FOR A 4,670
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,671
AS DEFINED IN SECTION 122.19 OF THE REVISED CODE THAT ALSO IS A 4,672
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,673
AS DEFINED IN SECTION 122.23 OF THE REVISED CODE, THE APPLICANT 4,674
FOR THE GRANT SHALL VERIFY TO THE DEPARTMENT OF DEVELOPMENT THE 4,675
EXISTENCE OF A LOCAL ECONOMIC DEVELOPMENT PLANNING COMMITTEE IN A
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP WHOSE TERRITORY 4,676
INCLUDES THE ELIGIBLE AREA. THE COMMITTEE SHALL CONSIST OF 4,677
MEMBERS OF THE PUBLIC AND PRIVATE SECTORS WHO LIVE IN THAT 4,678
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP. THE LOCAL ECONOMIC 4,679
DEVELOPMENT PLANNING COMMITTEE SHALL PREPARE AND SUBMIT TO THE 4,680
DEPARTMENT A FIVE-YEAR ECONOMIC DEVELOPMENT PLAN FOR THAT 4,681
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP THAT IDENTIFIES, FOR 4,682
THE FIVE-YEAR PERIOD COVERED BY THE PLAN, THE ECONOMIC 4,683
DEVELOPMENT STRATEGIES OF A MUNICIPAL CORPORATION, COUNTY, OR 4,684
TOWNSHIP WHOSE TERRITORY INCLUDES THE PROPOSED INDUSTRIAL PARK 4,685
SITE. THE ECONOMIC DEVELOPMENT PLAN SHALL DESCRIBE IN DETAIL HOW 4,686
THE PROPOSED INDUSTRIAL PARK WOULD COMPLEMENT OTHER CURRENT OR 4,687
113
PLANNED ECONOMIC DEVELOPMENT PROGRAMS FOR THAT MUNICIPAL 4,688
CORPORATION, COUNTY, OR TOWNSHIP, INCLUDING, BUT NOT LIMITED TO, 4,689
WORKFORCE DEVELOPMENT INITIATIVES, BUSINESS RETENTION AND 4,690
EXPANSION EFFORTS, SMALL BUSINESS DEVELOPMENT PROGRAMS, AND 4,691
TECHNOLOGY MODERNIZATION PROGRAMS.
(C) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, 4,693
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF 4,694
THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY 4,695
OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE 4,696
PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL 4,697
INCLUDE THE TOTAL NUMBER OF GRANTS MADE THAT YEAR, AND, FOR EACH
INDIVIDUAL GRANT AWARDED, THE FOLLOWING: THE AMOUNT AND 4,698
RECIPIENT, THE ELIGIBLE APPLICANT, THE PURPOSE FOR AWARDING THE 4,699
GRANT, THE NUMBER OF FIRMS OR BUSINESSES OPERATING AT THE AWARDED 4,700
SITE, THE NUMBER OF EMPLOYEES EMPLOYED BY EACH FIRM OR BUSINESS, 4,701
ANY EXCESS CAPACITY AT AN INDUSTRIAL PARK SITE, AND ANY 4,702
ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,703
(D) INFORM LOCAL GOVERNMENTS AND OTHERS IN THE STATE OF 4,705
THE AVAILABILITY OF GRANTS UNDER SECTION 122.20 OF THE REVISED 4,706
CODE;
(E) ANNUALLY COMPILE, PURSUANT TO RULES ADOPTED BY THE 4,708
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH CHAPTER 119. OF THE 4,709
REVISED CODE, USING PERTINENT INFORMATION SUBMITTED BY ANY 4,710
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP, A LIST OF INDUSTRIAL
PARKS LOCATED IN THE STATE. THE LIST SHALL INCLUDE THE FOLLOWING 4,711
INFORMATION, EXPRESSED IF POSSIBLE IN TERMS SPECIFIED IN THE 4,712
DIRECTOR'S RULES ADOPTED UNDER THIS DIVISION: LOCATION OF EACH 4,713
INDUSTRIAL PARK SITE, TOTAL ACREAGE OF EACH PARK SITE, TOTAL 4,714
OCCUPANCY OF EACH PARK SITE, TOTAL CAPACITY FOR NEW BUSINESS AT 4,715
EACH PARK SITE, TOTAL CAPACITY OF EACH PARK SITE FOR SEWER, 4,716
WATER, AND ELECTRICITY, A CONTACT PERSON FOR EACH PARK SITE, AND 4,717
ANY ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,718
ONCE THE LIST IS COMPILED, THE DIRECTOR SHALL MAKE IT AVAILABLE 4,719
TO THE GOVERNOR, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF 4,720
114
REPRESENTATIVES, AND MINORITY LEADERS OF THE SENATE AND THE HOUSE 4,721
OF REPRESENTATIVES. 4,722
Sec. 122.22. (A) IN ORDER TO BE ELIGIBLE FOR A GRANT 4,724
UNDER SECTION 122.20 OF THE REVISED CODE, THE APPLICANT SHALL 4,725
DEMONSTRATE BOTH OF THE FOLLOWING TO THE DIRECTOR OF DEVELOPMENT: 4,726
(1) THAT THE APPLICANT IS PROPOSING TO CARRY OUT THE 4,728
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE IN AN 4,729
ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,730
DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) OF SECTION 122.21 OF 4,731
THE REVISED CODE;
(2) THE APPLICANT'S CAPACITY TO UNDERTAKE AND OVERSEE THE 4,733
PROJECT, AS EVIDENCED BY DOCUMENTATION OF THE APPLICANT'S PAST 4,734
PERFORMANCE IN ECONOMIC DEVELOPMENT PROJECTS. 4,735
(B) IN ORDER FOR AN APPLICANT TO BE ELIGIBLE FOR A GRANT 4,737
UNDER SECTION 122.20 OF THE REVISED CODE, THE GOVERNING BODY OF 4,738
THE ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,739
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH DIVISION (A) OF 4,740
SECTION 122.21 OF THE REVISED CODE SHALL, BY RESOLUTION OR 4,741
ORDINANCE, DO ALL OF THE FOLLOWING: 4,742
(1) DESIGNATE THE APPLICANT THAT WILL CARRY OUT THE 4,744
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE AND THAT 4,745
QUALIFIES AS ONE OF THE FIVE CATEGORIES OF ELIGIBLE APPLICANT 4,746
LISTED IN DIVISION (B) OF SECTION 122.19 OF THE REVISED CODE; 4,747
(2) SPECIFY THE ELIGIBLE AREA'S FINANCIAL PARTICIPATION IN 4,749
THE PROJECT; 4,750
(3) INCLUDE A MARKETING STRATEGY TO BE UTILIZED IN 4,752
ADMINISTERING THE PROJECT THAT INCLUDES DETAILS USED IN PAST 4,753
SUCCESSFUL PROJECTS; 4,754
(4) IDENTIFY A MANAGEMENT PLAN FOR THE PROJECT. 4,756
(C) A GOVERNING BODY MAY DESIGNATE THE POLITICAL 4,758
SUBDIVISION IT GOVERNS TO BE AN ELIGIBLE APPLICANT. 4,759
(D) IN ORDER TO BE ELIGIBLE FOR A GRANT UNDER SECTION 4,761
122.20 OF THE REVISED CODE FOR LAND ACQUISITION, INFRASTRUCTURE 4,762
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO 4,763
115
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,764
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,765
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,766
122.23 OF THE REVISED CODE, AN APPLICANT MUST BE APPROVED AS A 4,767
GRANT APPLICANT BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF 4,768
EACH COUNTY CONTAINING ANY AREA THAT HAS BEEN DESIGNATED AS AN
ELIGIBLE AREA BY THE DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) 4,769
OF SECTION 122.21 OF THE REVISED CODE AND WHOSE GOVERNING BODY 4,770
HAS DESIGNATED THE APPLICANT TO SEEK A GRANT FOR ANY OF THESE 4,771
PURPOSES ON BEHALF OF THE ELIGIBLE AREA. THE DIRECTOR SHALL 4,772
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 4,773
ESTABLISHING CRITERIA FOR THE LEGISLATIVE AUTHORITY TO USE IN 4,774
DETERMINING WHETHER TO APPROVE A QUALIFIED APPLICANT. 4,775
Sec. 124.04. In addition to those powers enumerated in 4,784
Chapters 123. and 125. of the Revised Code and as provided 4,785
elsewhere by law, the powers, duties, and functions of the 4,786
department of administrative services not specifically vested in 4,787
and assigned to, or to be performed by, the state personnel board 4,788
of review are hereby vested in and assigned to, and shall be 4,789
performed by, the director of administrative services. These 4,791
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 4,792
(A) To prepare, conduct, and grade all competitive 4,794
examinations for positions in the classified state service; 4,795
(B) To prepare, conduct, and grade all noncompetitive 4,797
examinations for positions in the classified state service; 4,798
(C) To prepare eligible lists containing the names of 4,800
persons qualified for appointment to positions in the classified 4,801
state service; 4,802
(D) To prepare or amend, in accordance with section 124.14 4,804
of the Revised Code, specifications descriptive of duties, 4,805
responsibilities, requirements, and desirable qualifications of 4,806
the various classifications of positions in the state service; 4,807
116
(E) To allocate and reallocate, upon the motion of the 4,810
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 4,811
office, or employment in the state service to the appropriate 4,812
classification on the basis of the duties, responsibilities, 4,813
requirements, and qualifications of such position, office, or 4,814
employment;
(F) To develop and conduct personnel recruitment services 4,816
for positions in the state service; 4,817
(G) To conduct research on specifications, 4,819
classifications, and salaries of positions in the state service; 4,820
(H) To develop and conduct personnel training programs in 4,822
cooperation with appointing authorities; 4,823
(I) To enter into agreements with universities and 4,825
colleges for in-service training of personnel in the state CIVIL 4,827
service; 4,828
(J) To appoint such examiners, inspectors, clerks, and 4,830
other assistants as are necessary in the exercise of the powers 4,831
and performance of the duties and functions which the director is 4,832
by law authorized and required to exercise and perform and to 4,833
prescribe the duties of all such employees; 4,834
(K) To maintain a journal, which shall be open to public 4,836
inspection, in which the director shall keep a record of the 4,838
director's final decision pertaining to the classification or 4,839
reclassification of positions in the state classified service and 4,840
assignment or reassignment of employees in the state classified 4,841
service to specific position classifications; 4,842
(L) To delegate any of the powers, functions, or duties 4,844
granted or assigned to the director under this chapter to any 4,845
other state agency of this state as the director considers 4,846
necessary; 4,847
(M) To delegate any of the powers, functions, or duties 4,849
granted or assigned to the director under this chapter to any 4,850
political subdivision with the concurrence of the legislative 4,851
117
authority of the political subdivision. 4,852
Sec. 124.07. The director of administrative services shall 4,861
appoint such examiners, inspectors, clerks, and other assistants 4,862
as are necessary to carry out sections 124.01 to 124.64 of the 4,863
Revised Code. The director may designate persons in or out of 4,864
the official service of the state to serve as examiners or 4,865
assistants under his THE DIRECTOR'S direction. An examiner or 4,866
assistant shall receive such compensation for each day actually 4,868
and necessarily spent in the discharge of his duties as AN 4,869
examiner or assistant as is determined by the director; provided, 4,871
that if any such examiner or assistant is in the official service 4,872
of the state, or any political subdivision thereof OF THE STATE, 4,873
it shall be a part of his THE EXAMINER'S OR ASSISTANT'S official 4,875
duties to render such services in connection with such 4,876
examination without extra compensation.
Each state agency and state-supported college and 4,878
university shall pay the cost of the services and facilities 4,879
furnished to it by the department of administrative services that 4,880
are necessary to provide and maintain payroll services as 4,881
prescribed in section 125.21 of the Revised Code and state merit 4,882
standards as prescribed in sections 124.01 to 124.64 of the 4,883
Revised Code for the agency, college, or university. If a 4,884
municipal corporation chooses to use the services and facilities 4,885
furnished by the department that are necessary to provide and 4,886
maintain the standards so prescribed, the municipal corporation 4,887
shall pay the cost of the services and facilities that the 4,888
department furnishes to it. Such charges against a state agency, 4,889
state college or university, or municipal corporation shall be 4,890
computed on a reasonable cost basis in accordance with procedures 4,891
prescribed by the director of budget and management. Any moneys 4,892
the department of administrative services receives from any such 4,893
state agency, college, university, or municipal corporation which 4,894
are in excess of the amount necessary to pay the cost of 4,895
furnishing such services and facilities during any fiscal year 4,896
118
shall be either refunded to or credited for the ensuing fiscal 4,897
year to the state agency, college, university, or municipal 4,898
corporation that contributed the excess moneys. 4,899
The director of administrative services may enter into an 4,901
agreement with any municipal corporation or other political 4,902
subdivision to furnish services and facilities of the department 4,903
of administrative services in the administration of its merit 4,904
program. Such agreement shall provide that the department of 4,905
administrative services shall be reimbursed for the reasonable 4,906
costs of such services and facilities as determined by the 4,907
director of administrative services. 4,908
All moneys received by the department of administrative 4,910
services as reimbursement for payroll and merit program services 4,911
performed and facilities furnished shall be paid into the state 4,912
treasury to the credit of the personnel HUMAN RESOURCES services 4,913
fund, which is hereby created. 4,915
In counties of the state in which are located cities having 4,917
municipal civil service commissions, the director may designate 4,918
the municipal civil service commission of the largest city within 4,919
such county as his THE DIRECTOR'S agent for the purpose of 4,920
carrying out such provisions of sections 124.01 to 124.64 of the 4,922
Revised Code, within such counties, as the director designates. 4,923
Each municipal civil service commission designated as agent of 4,924
the director shall, at the end of each month, render an itemized 4,925
statement to the director of the cost incurred by such commission 4,926
for work done as agent of the director, and the director shall, 4,927
after approving such statement, pay the total amount thereof OF 4,928
IT to the treasurer of such municipal corporation in the same 4,930
manner as other expenses of the department of administrative 4,931
services.
The director, examiners, inspectors, clerks, and assistants 4,933
shall, in addition to their salaries, receive reimbursement for 4,934
such necessary traveling and other expenses as are incurred in 4,935
the actual discharge of their official duties. The director may 4,936
119
also incur the necessary expenses for stationery, printing, and 4,937
other supplies incident to the business of the department of 4,938
administrative services. 4,939
Sec. 124.181. (A) Except as provided in division (M) of 4,948
this section, any employee paid under schedule B of section 4,950
124.15 or under schedule E-1 of section 124.152 of the Revised 4,951
Code is eligible for the pay supplements provided herein IN THIS 4,952
SECTION upon application by the appointing authority 4,953
substantiating the employee's qualifications for the supplement 4,954
and with the approval of the director of administrative services 4,955
except as provided in division (E) of this section. 4,956
(B) In computing any of the pay supplements provided in 4,958
this section, the classification salary base shall be the minimum 4,959
hourly rate of the pay range, provided in section 124.15 or 4,960
124.152 of the Revised Code, in which the employee is assigned at 4,961
the time of computation. 4,962
(C) The effective date of any pay supplement, unless 4,964
otherwise provided herein IN THIS SECTION, shall be determined by 4,966
the director. 4,967
(D) The director shall, by rule, establish standards 4,969
regarding the administration of this section. 4,970
(E) Except as otherwise provided in this division, 4,972
beginning on the first day of the pay period within which the 4,973
employee completes five years of total service with the state 4,974
government or any of its political subdivisions, each employee in 4,975
positions paid under salary schedule B of section 124.15 or under 4,978
salary schedule E-1 of section 124.152 of the Revised Code shall 4,979
receive an automatic salary adjustment equivalent to two and 4,980
one-half per cent of the classification salary base, to the 4,981
nearest whole cent. Each employee shall receive thereafter an 4,982
annual adjustment equivalent to one-half of one per cent of the 4,983
employee's classification salary base, to the nearest whole cent, 4,984
for each additional year of qualified employment until a maximum 4,985
of ten per cent of the employee's classification salary base is 4,986
120
reached. The granting of longevity adjustments shall not be 4,987
affected by promotion, demotion, or other changes in 4,988
classification held by the employee, nor by any change in pay 4,989
range for the employee's class. Longevity pay adjustments shall 4,991
become effective at the beginning of the pay period within which 4,992
the employee completes the necessary length of service, except 4,994
that when an employee requests credit for prior service, the 4,995
effective date of the prior service credit and of any longevity 4,996
adjustment shall be the first day of the pay period following 4,997
approval of the credit by the director of administrative 4,998
services. No employee, other than an employee who submits proof 4,999
of prior service within ninety days after the date of the 5,000
employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service 5,001
credit. Time spent on authorized leave of absence shall be 5,002
counted for this purpose. 5,003
An employee who has retired in accordance with the 5,005
provisions of any retirement system offered by the state and who 5,006
is employed by the state or any political subdivision of the 5,007
state on or after June 24, 1987, shall not have prior service 5,008
with the state or any political subdivision of the state counted 5,009
for the purpose of determining the amount of the salary 5,010
adjustment provided under this division. 5,011
(F) When an exceptional condition exists that creates a 5,013
temporary or a permanent hazard for one or more positions in a 5,014
class paid under schedule B of section 124.15 or under salary 5,016
schedule E-1 of section 124.152 of the Revised Code, a special 5,018
hazard salary adjustment may be granted for the time the employee 5,019
is subjected to the hazardous condition. All special hazard 5,020
conditions shall be identified for each position and incidence 5,021
from information submitted to the director on an appropriate form 5,022
provided by the director and categorized into standard conditions 5,023
of: some unusual hazard not common to the class; considerable 5,024
unusual hazard not common to the class; and exceptional hazard 5,025
121
not common to the class.
(1) A hazardous salary adjustment of five per cent of the 5,027
employee's classification salary base may be applied in the case 5,028
of some unusual hazardous condition not common to the class for 5,029
those hours worked, or a fraction thereof, while the employee was 5,030
subject to the unusual hazard condition. 5,031
(2) A hazardous salary adjustment of seven and one-half 5,033
per cent of the employee's classification salary base may be 5,034
applied in the case of some considerable hazardous condition not 5,035
common to the class for those hours worked, or a fraction 5,036
thereof, while the employee was subject to the considerable 5,037
hazard condition. 5,038
(3) A hazardous salary adjustment of ten per cent of the 5,040
employee's classification salary base may be applied in the case 5,041
of some exceptional hazardous condition not common to the class 5,042
for those hours WORKED, or a fraction thereof, when the employee 5,043
was subject to the exceptional hazard condition. 5,044
(4) Each claim for temporary hazard pay shall be submitted 5,046
as a separate payment and shall be subject to an administrative 5,047
audit by the director as to the extent and duration of the 5,048
employee's exposure to the hazardous condition. 5,049
(G) When a full-time employee whose salary or wage is paid 5,051
directly by warrant of the auditor of state and who also is 5,052
eligible for overtime under the "Fair Labor Standards Act of 5,054
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is 5,055
ordered by the appointing authority to report back to work after 5,056
termination of the employee's regular work schedule and the 5,057
employee reports, the employee shall be paid for such time. The 5,059
employee shall be entitled to four hours at the employee's total 5,060
rate of pay or overtime compensation for the actual hours worked, 5,061
whichever is greater. This division does not apply to work that 5,063
is a continuation of or immediately preceding an employee's 5,064
regular work schedule.
(H) When a certain position or positions paid under 5,066
122
schedule B of section 124.15 or under salary schedule E-1 of 5,068
section 124.152 of the Revised Code require the ability to speak 5,069
or write a language other than English, a special pay supplement 5,070
may be granted to attract bilingual individuals, to encourage 5,071
present employees to become proficient in other languages, or to 5,072
retain qualified bilingual employees. The bilingual pay 5,073
supplement provided herein IN THIS DIVISION may be granted in the 5,074
amount of five per cent of the employee's classification salary 5,076
base for each required foreign language and shall remain in 5,077
effect as long as the bilingual requirement exists. 5,078
(I) The director may establish a shift differential for 5,080
employees. Such differential shall be paid to employees in 5,081
positions working in other than the regular or first shift. In 5,082
those divisions or agencies where only one shift prevails, no 5,083
shift differential shall be paid regardless of the hours of the 5,084
day that are worked. The director and the appointing authority 5,085
shall designate which positions shall be covered by this section 5,086
DIVISION. 5,087
(J) Whenever an employee is assigned to work in a higher 5,089
level position for a continuous period of more than two weeks but 5,090
no more than two years because of a vacancy, the employee's pay 5,092
may be established at a rate that is approximately four per cent 5,093
above the employee's current base rate for the period the
employee occupies the position, provided that this temporary 5,094
occupancy is approved by the director. Employees paid under this 5,097
provision DIVISION shall continue to receive any of the pay 5,099
supplements due them under provisions OTHER DIVISIONS of this 5,101
section based on the step one base rate for their normal
classification. 5,102
(K) If a certain position, or positions, within a class 5,104
paid under schedule B of section 124.15 or under salary schedule 5,106
E-1 of section 124.152 of the Revised Code are mandated by state 5,107
or federal law or regulation or other regulatory agency or other 5,108
certification authority to have special technical certification, 5,109
123
registration, or licensing to perform the functions which are 5,110
under the mandate, a special professional achievement pay 5,111
supplement may be granted. This special professional achievement 5,112
pay supplement shall not be granted when all incumbents in all 5,113
positions in a class require license as provided in the 5,114
classification description published by the department of 5,115
administrative services; to licensees where no special or 5,116
extensive training is required; when certification is granted 5,117
upon completion of a stipulated term of in-service training; when 5,118
an appointing authority has required certification; or any other 5,119
condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to 5,121
the requirement must be provided by the agency for each position 5,122
involved, and certification MUST BE received from the director as 5,124
to the director's concurrence for each of the positions so 5,125
affected.
(2) The professional achievement pay supplement provided 5,127
herein IN THIS DIVISION shall be granted in an amount up to ten 5,128
per cent of the employee's classification salary base and shall 5,130
remain in effect as long as the mandate exists. 5,131
(L) Those employees assigned to teaching supervisory, 5,133
principal, assistant principal, or superintendent positions who 5,134
have attained a higher educational level than a basic bachelor's 5,135
degree may receive an educational pay supplement to remain in 5,136
effect as long as the employee's assignment and classification 5,137
remain the same. 5,138
(1) An educational pay supplement of two and one-half per 5,140
cent of the employee's classification salary base may be applied 5,141
upon the achievement of a bachelor's degree plus twenty quarter 5,142
hours of postgraduate work. 5,143
(2) An educational pay supplement of an additional five 5,145
per cent of the employee's classification salary base may be 5,146
applied upon achievement of a master's degree. 5,147
(3) An educational pay supplement of an additional two and 5,149
124
one-half per cent of the employee's classification salary base 5,150
may be applied upon achievement of a master's degree plus thirty 5,151
quarter hours of postgraduate work. 5,152
(4) An educational pay supplement of five per cent of the 5,154
employee's classification salary base may be applied when the 5,155
employee is performing as a master teacher. 5,156
(5) An educational pay supplement of five per cent of the 5,158
employee's classification salary base may be applied when the 5,159
employee is performing as a special education teacher. 5,160
(6) Those employees in teaching supervisory, principal, 5,162
assistant principal, or superintendent positions who are 5,163
responsible for specific extracurricular activity programs shall 5,164
receive overtime pay for those hours worked in excess of their 5,165
normal schedule, at their straight time hourly rate up to a 5,166
maximum of five per cent of their regular base salary in any 5,167
calendar year. 5,168
(M)(1) A state agency, board, or commission may establish 5,170
a supplementary compensation schedule for those licensed 5,171
physicians employed by the agency, board, or commission in 5,172
positions requiring a licensed physician. The supplementary 5,173
compensation schedule, together with the compensation otherwise 5,174
authorized by this chapter, shall provide for the total 5,175
compensation for these employees to range appropriately, but not 5,176
necessarily uniformly, for each classification title requiring a 5,177
licensed physician, in accordance with a schedule approved by the 5,178
state controlling board. The individual salary levels 5,179
recommended for each such physician employed shall be approved by 5,180
the director. Notwithstanding section 124.11 of the Revised 5,181
Code, such personnel are in the unclassified civil service. 5,182
(2) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY APPROVE 5,184
SUPPLEMENTARY COMPENSATION FOR THE DIRECTOR OF HEALTH, IF THE 5,185
DIRECTOR IS A LICENSED PHYSICIAN, IN ACCORDANCE WITH A 5,186
SUPPLEMENTARY COMPENSATION SCHEDULE APPROVED UNDER DIVISION 5,187
(M)(1) OF THIS SECTION OR IN ACCORDANCE WITH ANOTHER 5,188
125
SUPPLEMENTARY COMPENSATION SCHEDULE THE DIRECTOR OF
ADMINISTRATIVE SERVICES CONSIDERS APPROPRIATE. THE 5,189
SUPPLEMENTARY COMPENSATION SHALL NOT EXCEED TWENTY PER CENT OF 5,190
THE DIRECTOR OF HEALTH'S BASE RATE OF PAY.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 5,192
117.36, 117.42, and 131.02 of the Revised Code, the state shall 5,194
not institute any civil action to recover and shall not seek 5,195
reimbursement for overpayments made in violation of division (E) 5,196
of this section or division (C) of section 9.44 of the Revised
Code for the period starting after June 24, 1987, and ending on 5,197
October 31, 1993. 5,198
(O) Employees of the office of the treasurer of state who 5,200
are exempt from collective bargaining coverage may be granted a 5,201
merit pay supplement of up to one and one-half per cent of their 5,202
step rate. The rate at which this supplement is granted shall be 5,203
based on performance standards established by the treasurer of 5,204
state. Any supplements granted under this division shall be 5,205
administered on an annual basis.
Sec. 125.023. During the period of an emergency as defined 5,214
in section 5502.21 of the Revised Code, the department of 5,215
administrative services may suspend, with regard to the emergency 5,216
management agency established in section 5502.22 of the Revised 5,217
Code or any other state agency participating in recovery 5,218
activities as defined in section 5502.21 of the Revised Code, the 5,219
purchasing and contracting requirements contained in sections 5,221
125.02 to 125.111 of the Revised Code and any of the requirements 5,222
of Chapter 153. of the Revised Code that otherwise would apply to 5,223
the agency. The director of public safety or the deputy 5,224
EXECUTIVE director of the emergency management agency shall make 5,226
the request for the suspension of these requirements to the
department of administrative services concurrently with the 5,228
request to the governor or the president of the United States for 5,229
the declaration of an emergency. The governor also shall include 5,230
in any proclamation the governor issues declaring an emergency 5,231
126
language requesting the suspension of those requirements during 5,232
the period of the emergency. 5,233
Sec. 125.04. (A) Except as provided in division (D) of 5,242
this section, the department of administrative services shall 5,243
determine what supplies and services are purchased by or for 5,244
state agencies. Whenever the department of administrative 5,245
services makes any change or addition to the lists of supplies 5,246
and services that it determines to purchase for state agencies, 5,247
it shall provide a list to the agencies of the changes or 5,248
additions and indicate when the department will be prepared to 5,249
furnish each item listed. Except for the requirements of 5,250
division (B) of section 125.11 of the Revised Code, sections 5,251
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 5,252
apply to or affect the educational institutions of the state. 5,253
The department shall not include the bureau of workers' 5,254
compensation in the lists of supplies, equipment, and services 5,255
purchased and furnished by the department. 5,256
Nothing in this division precludes the bureau from entering 5,258
into a contract with the department for the department to perform 5,259
services relative to supplies, equipment, and services contained 5,260
in this division for the bureau. 5,261
(B) As used in this division, "political subdivision" 5,263
means any county, township, municipal corporation, school 5,264
district, conservancy district, township park district, park 5,265
district created under Chapter 1545. of the Revised Code, 5,266
regional transit authority, regional airport authority, regional 5,267
water and sewer district, or port authority. "Political 5,268
subdivision" also includes any other political subdivision 5,269
described in the Revised Code that has been approved by the 5,270
department to participate in the department's contracts under
this division. 5,271
Subject to division (C) of this section, the department of 5,274
administrative services may permit a political subdivision to 5,275
participate in contracts into which the department has entered 5,276
127
for the purchase of supplies and services. Any political 5,277
subdivision desiring to participate in such THOSE purchase 5,278
contracts shall file with the department a certified copy of an 5,280
ordinance or resolution of the legislative authority or governing 5,281
board of the political subdivision. The resolution or ordinance 5,282
shall request that the political subdivision be authorized to 5,283
participate in such THOSE contracts and shall agree that the 5,284
political subdivision will be bound by such THE terms and 5,286
conditions as the department prescribes and that it will directly 5,288
pay the vendor under each purchase contract. The department may 5,289
charge a political subdivision a reasonable fee to cover the 5,290
administrative costs the department incurs as a result of the 5,291
subdivision's participation in the purchase contract. Purchases 5,292
made by a political subdivision under this division are exempt 5,293
from any competitive selection procedures otherwise required by 5,294
law. No political subdivision shall make any purchase under this 5,295
division when bids have been received for such THE purchase by 5,296
the subdivision, unless such THE purchase can be made upon the 5,297
same terms, conditions, and specifications at a lower price under 5,298
this division. 5,299
The department shall include in its annual report an 5,301
estimate of the cost it incurs by permitting political 5,302
subdivisions to participate in contracts pursuant to this 5,303
division. The department may require political subdivisions 5,304
participating in contracts pursuant to this division to file a 5,305
report with the department, as often as it finds necessary, 5,306
stating how many such OF THOSE contracts the political 5,307
subdivisions participate in within a specified period of time, 5,309
and any other information the department requires. 5,310
(C) A political subdivision as defined in division (B) of 5,312
this section may purchase supplies or services from another 5,314
party, including another political subdivision, instead of
through participation in contracts described in division (B) of 5,316
this section if the political subdivision can purchase those 5,317
128
supplies or services from the other party upon equivalent terms, 5,318
conditions, and specifications but at a lower price than it can 5,319
through those contracts. Purchases that a political subdivision 5,320
makes under this division are exempt from any competitive 5,321
selection procedures otherwise required by law. A political 5,322
subdivision that makes any purchase under this division shall 5,323
maintain sufficient information regarding the purchase to verify 5,325
that the political subdivision satisfied the conditions for 5,326
making a purchase under this division. Nothing in this division 5,327
restricts any action taken by a county or township as authorized 5,329
by division (A) of section 9.48 of the Revised Code. 5,330
(D) This section does not apply to supplies or services 5,332
required by the legislative or judicial branches, boards of 5,333
elections, the capitol square review and advisory board, OR the 5,334
adjutant general, to supplies or services purchased by a state 5,335
agency directly as provided in division (A) or (E) of section 5,336
125.05 of the Revised Code, to purchases of supplies or services 5,338
for the emergency management agency as provided in section 5,339
125.023 of the Revised Code, TO PURCHASES OF SUPPLIES OR SERVICES 5,340
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE 5,341
NORTHWEST OHIO CLOSE SECURITY PRISON AS PROVIDED IN DIVISION (B) 5,342
OF SECTION 5145.19 OF THE REVISED CODE, or to purchases of 5,343
supplies or services for the department of rehabilitation and 5,344
correction in its operation of the program for the employment of 5,345
prisoners established under section 5145.16 of the Revised Code 5,346
that shall be made pursuant to rules adopted by the director of 5,347
administrative services and the director of rehabilitation and 5,348
correction in accordance with Chapter 119. of the Revised Code. 5,349
The rules may provide for the exemption of the program for the 5,350
employment of prisoners from the requirements of division (A) of 5,351
this section.
Sec. 125.11. (A) Subject to division (B) of this section, 5,361
contracts required to be awarded pursuant to competitive sealed 5,362
bidding, including such contracts awarded under section 125.081 5,363
129
of the Revised Code, shall be awarded to the lowest responsive 5,364
and responsible bidder on each item in accordance with section 5,365
9.312 of the Revised Code. When the contract is for meat
products as defined in section 918.01 of the Revised Code or 5,366
poultry products as defined in section 918.21 of the Revised 5,367
Code, only those bids received from vendors offering products 5,368
from establishments on the current list of meat and poultry 5,370
vendors established and maintained by the director of 5,371
administrative services under section 125.17 of the Revised Code 5,372
shall be eligible for acceptance. The department of
administrative services may accept or reject any or all bids in 5,373
whole or by items, except that when the contract is for services 5,374
or supplies available from a qualified nonprofit agency pursuant 5,375
to sections 4115.31 to 4115.35 of the Revised Code, the contract 5,376
shall be awarded to that agency. 5,377
(B) Prior to awarding a contract under division (A) of 5,379
this section, the department of administrative services or the 5,380
state agency responsible for evaluating a contract for the 5,381
purchase of goods shall evaluate the bids received according to 5,382
the criteria and procedures established pursuant to divisions 5,383
(C)(1) and (2) of section 125.09 of the Revised Code for 5,384
determining if a product is produced or mined in the United 5,385
States and if a product is produced or mined in Ohio. The 5,386
department or other agency shall first remove bids that offer 5,387
supplies that have not been or that will not be produced or mined 5,388
in the United States. From among the remaining bids, the 5,389
department shall select the lowest responsive and responsible 5,390
bid, in accordance with section 9.312 of the Revised Code, from 5,391
among the bids that offer goods that have been produced or mined 5,392
in Ohio where sufficient competition can be generated within Ohio 5,393
to ensure that compliance with these requirements will not result 5,394
in an excessive price for the product or acquiring a 5,395
disproportionately inferior product. If there are two or more 5,396
qualified bids that offer goods which have been produced or mined 5,397
130
in Ohio, it shall be deemed that there is sufficient competition 5,398
to prevent an excessive price for the product or the acquiring of 5,399
a disproportionately inferior product. 5,400
(C) Division (B) of this section applies to contracts for 5,402
which competitive bidding is waived by the controlling board. 5,403
(D) Division (B) of this section does not apply to EITHER 5,405
OF the FOLLOWING: 5,406
(1) THE purchase by the division of liquor control of 5,408
spirituous liquor; 5,409
(2) THE PURCHASE BY THE DEPARTMENT OF TRANSPORTATION OF 5,411
ROCK SALT.
(E) The director of administrative services shall publish 5,413
in the form of a model act for use by counties, townships, and 5,414
municipal corporations, or any other political subdivision 5,415
described in division (B) of section 125.04 of the Revised Code, 5,416
a system of preferences for products mined and produced in Ohio 5,418
and in the United States and for Ohio-based contractors. The 5,419
model act shall reflect substantial equivalence to the system of 5,420
preferences in purchasing and public improvement contracting 5,421
procedures under which the state operates pursuant to this 5,422
chapter and section 153.012 of the Revised Code. To the maximum 5,423
extent possible, consistent with the Ohio system of preferences 5,424
in purchasing and public improvement contracting procedures, the 5,425
model act shall incorporate all of the requirements of the 5,426
federal "Buy America Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 5,427
10d, as amended, and the rules adopted thereunder. 5,428
Prior to and during the development and promulgation of the 5,430
model act, the director shall consult with appropriate statewide 5,431
organizations representing counties, townships, and municipal 5,432
corporations so as to identify the special requirements and 5,433
concerns these political subdivisions have in their purchasing 5,434
and public improvement contracting procedures. The director 5,435
shall promulgate the model act by rule adopted pursuant to 5,436
Chapter 119. of the Revised Code and shall revise the act as 5,437
131
necessary to reflect changes in this chapter or section 153.012 5,438
of the Revised Code. 5,439
The director shall make available copies of the model act, 5,441
supporting information, and technical assistance to any township, 5,442
county, or municipal corporation wishing to incorporate the 5,443
provisions of the act into its purchasing or public improvement 5,444
contracting procedure. 5,445
Sec. 125.15. All state agencies required to secure any 5,455
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 5,456
make acquisition in the manner and upon forms prescribed by the 5,457
director of administrative services and shall reimburse the 5,458
department for the equipment, materials, supplies, services, or 5,459
contracts of insurance, including a reasonable sum to cover the 5,460
department's administrative costs, wherever WHENEVER 5,461
reimbursement is required by the department. The money so paid 5,462
shall be deposited in the state treasury to the credit of the 5,463
general services fund, computer services fund, or 5,465
telecommunication THE INFORMATION TECHNOLOGY fund, as 5,466
appropriate. Such funds are hereby created. 5,467
Sec. 125.28. Each state agency that is supported in whole 5,476
or in part by nongeneral revenue fund money and that occupies 5,477
space in the James A. Rhodes or Frank J. Lausche state office 5,478
tower, Toledo government center, Senator Oliver R. Ocasek 5,479
government office building, Vern Riffe center for government and 5,480
the arts, state of Ohio computer center, capitol square, or 5,481
governor's mansion shall reimburse the general revenue fund for 5,482
the cost of occupying such THE space in the ratio that the 5,483
occupied space in each facility attributable to such money bears 5,485
to the total space occupied by the state agency in the facility. 5,486
All agencies that occupy space in the old blind school, OR 5,489
the Ohio departments building, or THAT OCCUPY WAREHOUSE SPACE IN 5,490
the general services facility shall reimburse the department for 5,492
the cost of occupying such THE space. The director of 5,494
132
administrative services shall determine the amount of debt 5,495
service, if any, to be charged to building tenants and shall 5,496
collect reimbursements therefor FOR IT. 5,497
Each agency that is supported in whole or in part by 5,499
nongeneral revenue fund money and that occupies space in any 5,500
other facility or facilities owned and maintained by the 5,501
department of administrative services OR SPACE IN THE GENERAL 5,502
SERVICES FACILITY OTHER THAN WAREHOUSE SPACE shall reimburse the 5,503
department for the cost of occupying such THE space, including 5,504
debt service, if any, in the ratio that the occupied space in 5,506
each facility attributable to such money bears to the total space 5,507
occupied by the state agency in the facility. 5,508
The director of administrative services may provide 5,510
building maintenance services AND SKILLED TRADES SERVICES to any 5,511
state agency occupying space in a facility THAT IS not owned by 5,513
the department of administrative services and MAY collect 5,514
reimbursements for the cost of providing such services. 5,515
All money collected by the department for operating 5,518
expenses of facilities owned or maintained by the department 5,519
shall be deposited into the state treasury to the credit of the 5,520
facilities BUILDING management fund, which is hereby created. 5,522
ALL MONEY COLLECTED BY THE DEPARTMENT FOR SKILLED TRADES SERVICES 5,523
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE
SKILLED TRADES FUND, WHICH IS HEREBY CREATED. All money 5,524
collected for debt service shall be deposited into the general 5,526
revenue fund.
The director of administrative services shall determine the 5,528
reimbursable cost of space in state-owned or state-leased 5,530
facilities and shall collect reimbursements therefor FOR THAT 5,531
COST.
Sec. 126.12. (A) The office of budget and management 5,540
shall prepare and administer a statewide indirect cost allocation 5,542
plan that provides for the recovery of statewide indirect costs 5,543
from any fund of the state. The director of budget and 5,544
133
management may make transfers of statewide indirect costs from 5,545
the appropriate fund of the state to the general revenue fund on 5,546
an intrastate transfer voucher. The director, for reasons of 5,547
sound financial management, also may waive the recovery of 5,548
statewide indirect costs. Prior to making a transfer in 5,549
accordance with this division, the director shall notify the 5,550
affected agency of the amounts to be transferred. 5,551
(B) As used in this section, "statewide indirect costs" 5,553
means operating costs incurred by an agency in providing services 5,554
to any other agency, for which there was no billing to such other 5,555
agency for the services provided, and for which disbursements 5,556
have been made from the general revenue fund. 5,557
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 5,559
IN ORDER TO REDUCE THE PAYMENT OF ADJUSTMENTS TO THE FEDERAL 5,560
GOVERNMENT AS DETERMINED UNDER THE PLAN PREPARED UNDER DIVISION 5,561
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL, 5,562
ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH FISCAL YEAR, 5,563
DESIGNATE SUCH FUNDS OF THE STATE AS THE DIRECTOR CONSIDERS 5,564
NECESSARY TO RETAIN THEIR OWN INTEREST EARNINGS. 5,565
Sec. 126.21. (A) The director of budget and management 5,574
shall do all of the following: 5,576
(A)(1) Keep all necessary accounting records; 5,578
(B)(2) Prescribe and maintain the accounting system of the 5,580
state and establish appropriate accounting procedures and charts 5,581
of accounts; 5,582
(C)(3) Establish procedures for the use of written, 5,584
electronic, optical, or other communications media for approving 5,586
payment vouchers;
(D)(4) Reconcile, in the case of any variation between the 5,588
amount of any appropriation and the aggregate amount of items 5,589
thereof OF THE APPROPRIATION, with the advice and assistance of 5,590
the state agency affected thereby BY IT and the legislative 5,592
budget office of the legislative service commission, totals so as 5,593
to correspond in the aggregate with the total appropriation. In 5,594
134
the case of a conflict between the item and the total of which it 5,595
is a part, the item shall be considered the intended 5,596
appropriation.
(E)(5) Evaluate on an ongoing basis and, if necessary, 5,598
recommend improvements to the internal controls used in state 5,599
agencies; 5,600
(F)(6) Authorize the establishment of petty cash accounts. 5,603
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to 5,604
return to the state treasury any unexpended balance shown by the 5,606
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 5,608
expenditures of such THE petty cash and shall report when 5,609
requested the balance of petty cash on hand at any time. 5,611
(G)(7) Process orders, invoices, vouchers, claims, and 5,613
payrolls and prepare financial reports and statements; 5,614
(H)(8) Perform such extensions, reviews, and compliance 5,617
checks prior to approving a payment as the director considers 5,618
necessary; 5,619
(I)(9) Issue the official comprehensive annual financial 5,621
report of the state. The report shall cover all funds and 5,622
account groups of the state reporting entity and shall include 5,623
general purpose financial statements prepared in accordance with 5,624
generally accepted accounting principles and such other 5,625
information as the director provides. All state agencies, 5,626
authorities, institutions, offices, retirement systems, and other 5,627
component units of the state reporting entity as determined by 5,628
the director shall furnish the director whatever financial 5,629
statements and other information the director requests for the 5,631
report, in such THE form, at such THE times, covering such THE 5,632
periods, and with such THE attestation as the director 5,633
prescribes. The information for state institutions of higher 5,634
education, as such term is defined in section 3345.011 of the 5,635
Revised Code, shall be submitted to the director by the Ohio 5,636
135
board of regents. The board shall establish a due date by which 5,637
each such institution shall submit the information to the board, 5,638
but no such date shall be later than one hundred twenty days 5,639
after the end of the state fiscal year unless a later date is 5,640
approved by the director.
(B) IN ADDITION TO THE DIRECTOR'S DUTIES UNDER DIVISION 5,643
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
ESTABLISH AND ADMINISTER ONE OR MORE STATE PAYMENT CARD PROGRAMS 5,644
THAT PERMIT OR REQUIRE STATE AGENCIES TO USE A PAYMENT CARD TO 5,645
PURCHASE EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES IN 5,646
ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR. THE DIRECTOR 5,647
MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE THE PAYMENT
CARDS AND PAYMENT CARD SERVICES. STATE AGENCIES MAY ONLY 5,648
PARTICIPATE IN STATE PAYMENT CARD PROGRAMS THAT THE DIRECTOR 5,649
ESTABLISHES PURSUANT TO THIS SECTION.
Sec. 126.25. The accounting services provided by the 5,658
director of budget and management shall be supported by user 5,659
charges. He THE DIRECTOR shall determine a rate that is 5,661
sufficient to defray the expense of such THOSE services and the 5,662
manner by which such THOSE charges shall be collected. All money 5,663
collected from user charges OR FROM ANY REBATES OR REVENUE SHARES 5,664
RECEIVED FROM ANY STATE PAYMENT CARD PROGRAM ESTABLISHED UNDER 5,665
DIVISION (B) OF SECTION 126.21 OF THE REVISED CODE shall be 5,667
deposited in the state treasury to the credit of the state
accounting fund, which is hereby created. 5,668
Sec. 126.31. (A) Any officer, member, or employee of, or 5,677
consultant to, the general assembly, supreme court, court of 5,678
appeals, court of claims, any agency of any of these, or any 5,679
state university or college as defined in division (A)(1) of 5,680
section 3345.12 of the Revised Code, may be reimbursed for his 5,681
actual and necessary traveling and other expenses incurred while 5,682
attending any gathering, conference, or convention, or while 5,683
performing official duties, inside or outside this state, if 5,684
authorized by the general assembly or by that court, agency, 5,685
136
university, or college, respectively. Reimbursement shall be 5,686
made in the manner, and at rates that do not exceed those, 5,687
prescribed by law or, in the absence of such law, in the manner, 5,688
and at rates that do not exceed those, established by the general 5,689
assembly or by that court, agency, university, or college, 5,690
respectively. 5,691
(B) Any officer, member, or employee of, or consultant to, 5,693
any other state agency, OTHER THAN A STATE AGENCY DESCRIBED IN 5,695
DIVISION (A) OF THIS SECTION, whose compensation is paid in whole 5,696
or in part from state funds may be reimbursed DIRECTLY for his 5,697
actual and necessary traveling and other expenses incurred while 5,698
THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT IS attending any 5,700
gathering MEETING, conference, or RETREAT, convention, OR SIMILAR 5,701
GATHERING, or while THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT 5,703
IS performing official duties, inside or outside this state, if 5,704
authorized by that state agency, OR THE PROVIDER OF GOODS OR 5,705
SERVICES TO THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT MAY BE 5,706
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,707
Notwithstanding any other statute to the contrary, reimbursement 5,708
TO THE OFFICER, MEMBER, EMPLOYEE, CONSULTANT, OR PROVIDER shall 5,709
be made in the manner, and at rates that do not exceed those, 5,710
provided by rule of the director of budget and management adopted 5,711
in accordance with Chapter 119. SECTION 111.15 of the Revised 5,713
Code. Not later than the thirtieth day of September each year, 5,714
the director of budget and management shall submit to the 5,715
president and minority leader of the senate and the speaker and 5,716
minority leader of the house of representatives a summary of all 5,717
out-of-state travel expenditures reimbursed by any such state
agencies UNDER THIS DIVISION during the preceding fiscal year. 5,718
(C) The spouse of the governor may be reimbursed DIRECTLY 5,721
for the spouse's actual and necessary traveling and other 5,723
expenses incurred while attending any gathering MEETING,
conference, or RETREAT, convention, OR SIMILAR GATHERING to 5,725
assist or serve the governor in the discharge of the governor's 5,726
137
official duties, or while otherwise assisting or serving the 5,727
governor in the discharge of the governor's official duties, 5,728
inside or outside this state, if authorized by the governor, OR 5,729
THE PROVIDER OF GOODS OR SERVICES TO THE GOVERNOR'S SPOUSE MAY BE 5,730
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,731
Notwithstanding any other statute to the contrary, reimbursement 5,732
made under this division is exclusively for the use and benefit 5,733
of the governor's spouse and shall not be considered as inuring 5,734
to the use or benefit of the governor for any purpose. 5,735
Reimbursement shall be made in the manner, and at rates that do 5,736
not exceed those, provided by rule of the director of budget and 5,737
management adopted in accordance with Chapter 119. SECTION 111.15 5,738
of the Revised Code.
(D) THE DIRECTOR OF BUDGET AND MANAGEMENT, BY RULE ADOPTED 5,740
IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE, MAY 5,741
ESTABLISH MAXIMUM ALLOWABLE EXPENSES AND ASSOCIATED REASONABLE 5,742
RATES THAT A STATE AGENCY, WHOSE OFFICERS, MEMBERS, EMPLOYEES, 5,743
AND CONSULTANTS ARE SUBJECT TO DIVISION (B) OF THIS SECTION, MAY 5,744
INCUR FOR MEETINGS, CONFERENCES, RETREATS, CONVENTIONS, AND OTHER
SIMILAR GATHERINGS, AND MAY ESTABLISH THE MANNER IN WHICH THOSE 5,745
MAXIMUM ALLOWABLE EXPENSES MAY BE INCURRED BY THAT TYPE OF STATE 5,746
AGENCY FOR THOSE GATHERINGS. THE STATE AGENCY SHALL COMPLY WITH 5,747
THE RULES ADOPTED UNDER THIS DIVISION. 5,748
Sec. 126.32. (A) Any officer of any state agency may 5,757
authorize reimbursement for travel, INCLUDING THE COSTS OF 5,758
TRANSPORTATION, FOR lodging, and FOR meals to any person who is 5,760
interviewing for a position that is classified as pay range 33 or 5,761
above in schedule B of section 124.15 of the Revised Code or in 5,762
pay range 13 or above in schedule E-1 of section 124.152 of the 5,763
Revised Code, or is classified in schedule C of section 124.15 or 5,764
in schedule E-2, of section 124.152 of the Revised Code. 5,765
(B) If a person is appointed to a position listed in 5,767
section 121.03 of the Revised Code, to another comparable THE 5,768
position OF ADMINISTRATOR OF WORKERS' COMPENSATION AFTER AUGUST 5,769
138
31, 2000, CHAIRPERSON OF THE INDUSTRIAL COMMISSION, ADJUTANT 5,770
GENERAL, CHANCELLOR OF THE OHIO BOARD OF REGENTS, SUPERINTENDENT 5,771
OF PUBLIC INSTRUCTION, CHAIRPERSON OF THE PUBLIC UTILITIES 5,772
COMMISSION OF OHIO, OR DIRECTOR OF THE STATE LOTTERY COMMISSION, 5,773
to a position holding a fiduciary relationship to the governor, 5,775
to a position of an appointing authority of the department of 5,776
mental health, mental retardation and developmental disabilities, 5,777
or rehabilitation and correction, to a position of superintendent 5,778
in the department of youth services, or to a position under 5,779
section 122.05 of the Revised Code, and such IF THAT appointment 5,780
requires a permanent change of residence, the appropriate state 5,781
agency may reimburse the person for his THE PERSON'S actual and 5,782
necessary expenses, INCLUDING THE COST OF IN-TRANSIT STORAGE OF 5,783
HOUSEHOLD GOODS AND PERSONAL EFFECTS, of moving himself THE 5,784
PERSON and members of his THE PERSON'S immediate family residing 5,786
in his THE PERSON'S household, AND OF MOVING THEIR HOUSEHOLD 5,787
GOODS AND PERSONAL EFFECTS, to his THE PERSON'S new location. 5,789
Until such a THAT person moves his THE PERSON'S permanent 5,792
residence to the new location, but not for a period that exceeds 5,793
thirty consecutive days, the state agency may reimburse the 5,794
person for his THE PERSON'S temporary living expenses at the new 5,795
location that he THE PERSON has incurred on behalf of himself THE 5,797
PERSON and members of his THE PERSON'S immediate family residing 5,799
in his THE PERSON'S household. In addition, the state agency may 5,800
reimburse such THAT person for his THE PERSON'S travel expenses 5,801
between the new location and his THE PERSON'S former residence 5,803
during this period FOR A MAXIMUM NUMBER OF TRIPS SPECIFIED BY 5,804
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT, BUT THE STATE 5,805
AGENCY SHALL NOT REIMBURSE THE PERSON FOR TRAVEL EXPENSES 5,806
INCURRED FOR THOSE TRIPS BY MEMBERS OF THE PERSON'S IMMEDIATE
FAMILY. With the prior written approval of the director of 5,808
budget and management, the maximum thirty-day period for 5,809
temporary living expenses may be extended for a person appointed 5,810
to a position under section 122.05 of the Revised Code. 5,811
139
The director of development may reimburse a person 5,813
appointed to a position under section 122.05 of the Revised Code 5,814
for his THE PERSON'S actual and necessary expenses of moving 5,815
himself THE PERSON and members of his THE PERSON'S immediate 5,817
family residing in his THE PERSON'S household back to the United 5,819
States AND MAY REIMBURSE A PERSON APPOINTED TO SUCH A POSITION
FOR THE COST OF STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS 5,820
OF THE PERSON AND THE PERSON'S IMMEDIATE FAMILY WHILE THE PERSON 5,821
IS SERVING OUTSIDE THE UNITED STATES, IF THE PERSON'S OFFICE 5,822
OUTSIDE THE UNITED STATES IS THE PERSON'S PRIMARY JOB LOCATION. 5,823
(C) All reimbursement under DIVISION (A) OR (B) OF this 5,826
section shall be made in the manner, and at rates that do not 5,827
exceed those, provided by rule of the director of budget and 5,828
management in accordance with Chapter 119. SECTION 111.15 of the 5,829
Revised Code. REIMBURSEMENTS MAY BE MADE UNDER DIVISION (B) OF 5,830
THIS SECTION DIRECTLY TO THE PERSONS WHO INCURRED THE EXPENSES OR 5,831
DIRECTLY TO THE PROVIDERS OF GOODS OR SERVICES THE PERSONS 5,832
RECEIVE, AS DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 5,833
Sec. 127.16. (A) Upon the request of either a state 5,842
agency or the director of budget and management and after the 5,843
controlling board determines that an emergency or a sufficient 5,844
economic reason exists, the controlling board may approve the 5,846
making of a purchase without competitive selection as provided in
division (B) of this section. 5,847
(B) Except as otherwise provided in this section, no state 5,849
agency, using money that has been appropriated to it directly, 5,850
shall: 5,851
(1) Make any purchase from a particular supplier, that 5,853
would amount to fifty thousand dollars or more when combined with 5,854
both the amount of all disbursements to the supplier during the 5,855
fiscal year for purchases made by the agency and the amount of 5,856
all outstanding encumbrances for purchases made by the agency 5,857
from the supplier, unless the purchase is made by competitive 5,858
selection or with the approval of the controlling board; 5,859
140
(2) Lease real estate from a particular supplier, if the 5,861
lease would amount to seventy-five thousand dollars or more when 5,862
combined with both the amount of all disbursements to the 5,863
supplier during the fiscal year for real estate leases made by 5,864
the agency and the amount of all outstanding encumbrances for 5,865
real estate leases made by the agency from the supplier, unless 5,866
the lease is made by competitive selection or with the approval 5,867
of the controlling board. 5,868
(C) Any person who authorizes a purchase in violation of 5,870
division (B) of this section shall be liable to the state for any 5,871
state funds spent on the purchase, and the attorney general shall 5,872
collect the amount from the person. 5,873
(D) Nothing in division (B) of this section shall be 5,875
construed as: 5,876
(1) A limitation upon the authority of the director of 5,878
transportation as granted in sections 5501.17, 5517.02, and 5,879
5525.14 of the Revised Code; 5,880
(2) Applying to medicaid provider agreements under Chapter 5,882
5111. of the Revised Code or payments or provider agreements 5,885
under disability assistance medical assistance established under 5,886
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 5,888
supplier by a state licensing board under Title XLVII of the 5,889
Revised Code; 5,890
(4) Applying to entertainment contracts for the Ohio state 5,892
fair entered into by the Ohio expositions commission, provided 5,893
that the controlling board has given its approval to the 5,894
commission to enter into such contracts and has approved a total 5,895
budget amount for such contracts as agreed upon by commission 5,896
action, and that the commission causes to be kept itemized 5,897
records of the amounts of money spent under each contract and 5,898
annually files those records with the clerk of the house of 5,900
representatives and the clerk of the senate following the close 5,901
of the fair;
141
(5) Limiting the authority of the chief of the division of 5,903
mines and reclamation to contract for reclamation work with an 5,904
operator mining adjacent land as provided in section 1513.27 of 5,905
the Revised Code; 5,906
(6) Applying to investment transactions and procedures of 5,908
any state agency, except that the agency shall file with the 5,909
board the name of any person with whom the agency contracts to 5,910
make, broker, service, or otherwise manage its investments, as 5,911
well as the commission, rate, or schedule of charges of such 5,912
person with respect to any investment transactions to be 5,913
undertaken on behalf of the agency. The filing shall be in a 5,914
form and at such times as the board considers appropriate. 5,915
(7) Applying to purchases made with money for the per cent 5,917
for arts program established by section 3379.10 of the Revised 5,918
Code; 5,919
(8) Applying to purchases made by the rehabilitation 5,921
services commission of services, or supplies, that are provided 5,922
to persons with disabilities, or to purchases made by the 5,923
commission in connection with the eligibility determinations it 5,924
makes for applicants of programs administered by the social 5,925
security administration; 5,926
(9) Applying to payments by the department of human 5,928
services under section 5111.13 of the Revised Code for group 5,929
health plan premiums, deductibles, coinsurance, and other 5,930
cost-sharing expenses; 5,931
(10) Applying to any agency of the legislative branch of 5,933
the state government; 5,934
(11) Applying to agreements entered into under section 5,936
5101.11, 5101.21, or 5101.211 of the Revised Code; 5,937
(12) Applying to purchases of services by the adult parole 5,939
authority under section 2967.14 of the Revised Code or by the 5,940
department of youth services under section 5139.08 of the Revised 5,941
Code; 5,942
(13) Applying to dues or fees paid for membership in an 5,944
142
organization or association; 5,945
(14) Applying to purchases of utility services pursuant to 5,947
section 9.30 of the Revised Code; 5,948
(15) Applying to purchases made in accordance with rules 5,950
adopted by the department of administrative services of motor 5,951
vehicle, aviation, or watercraft fuel, or emergency repairs of 5,952
such vehicles; 5,953
(16) Applying to purchases of tickets for passenger air 5,955
transportation; 5,956
(17) Applying to purchases necessary to provide public 5,958
notifications required by law or to provide notifications of job 5,959
openings; 5,960
(18) Applying to the judicial branch of state government; 5,962
(19) Applying to purchases of liquor for resale by the 5,964
department or, on and after July 1, 1997, the division of liquor 5,965
control;
(20) Applying to purchases of motor courier and freight 5,967
services made in accordance with department of administrative 5,968
services rules; 5,969
(21) Applying to purchases from the United States postal 5,971
service and purchases of stamps and postal meter replenishment 5,972
from vendors at rates established by the United States postal 5,973
service; 5,974
(22) Applying to purchases of books, periodicals, 5,976
pamphlets, newspapers, maintenance subscriptions, and other 5,977
published materials; 5,978
(23) Applying to purchases from other state agencies, 5,980
including state-assisted institutions of higher education; 5,981
(24) Limiting the authority of the director of 5,983
environmental protection to enter into contracts under division 5,984
(D) of section 3745.14 of the Revised Code to conduct compliance 5,985
reviews, as defined in division (A) of that section; 5,986
(25) Applying to purchases from a qualified nonprofit 5,988
agency pursuant to sections 4115.31 to 4115.35 of the Revised 5,989
143
Code; 5,990
(26) Applying to payments by the department of human 5,992
services to the United States department of health and human 5,993
services for printing and mailing notices pertaining to the tax 5,994
refund offset program of the internal revenue service of the 5,995
United States department of the treasury; 5,996
(27) Applying to contracts entered into by the department 5,998
of mental retardation and developmental disabilities under 5,999
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 6,000
(28) Applying to payments made by the department of mental 6,002
health under a physician recruitment program authorized by 6,003
section 5119.101 of the Revised Code; 6,004
(29) Applying to contracts entered into with persons by 6,006
the director of commerce for unclaimed funds collection and 6,007
remittance efforts as provided in division (F) of section 169.03 6,009
of the Revised Code. The director shall keep an itemized 6,012
accounting of unclaimed funds collected by those persons and 6,013
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 6,015
higher education in accordance with the terms of a contract 6,017
between the vendor and an inter-university purchasing group 6,018
comprised of purchasing officers of state institutions of higher 6,019
education;
(31) APPLYING TO THE DEPARTMENT OF HUMAN SERVICES' 6,021
PURCHASES OF HEALTH ASSISTANCE SERVICES UNDER THE CHILDREN'S 6,022
HEALTH INSURANCE PROGRAM PART I PROVIDED FOR UNDER SECTION 6,023
5101.50 OF THE REVISED CODE OR THE CHILDREN'S HEALTH INSURANCE 6,024
PROGRAM PART II PROVIDED FOR UNDER SECTION 5101.51 OF THE REVISED 6,025
CODE.
(E) Notwithstanding division (B)(1) of this section, the 6,027
cumulative purchase threshold shall be seventy-five thousand 6,028
dollars for the departments of mental retardation and 6,029
developmental disabilities, mental health, rehabilitation and 6,030
correction, and youth services. 6,031
144
(F) When determining whether a state agency has reached 6,033
the cumulative purchase thresholds established in divisions 6,034
(B)(1), (B)(2), and (E) of this section, all of the following 6,035
purchases by such agency shall not be considered: 6,036
(1) Purchases made through competitive selection or with 6,038
controlling board approval; 6,039
(2) Purchases listed in division (D) of this section; 6,041
(3) For the purposes of the thresholds of divisions (B)(1) 6,043
and (E) of this section only, leases of real estate. 6,044
(G) As used in this section, "competitive selection," 6,046
"purchase," "supplies," and "services" have the same meanings as 6,047
in section 125.01 of the Revised Code. 6,048
Sec. 129.55. In the event the moneys to the credit of the 6,057
improvements bond retirement fund created by Section 2f of 6,058
Article VIII, Ohio Constitution, are insufficient to meet in full 6,059
any payment of interest, principal, or charges due for the 6,060
issuance and retirement of bonds or other obligations issued 6,061
pursuant to Section 2f of Article VIII, Ohio Constitution, and 6,062
section 129.50 of the Revised Code, the commissioners of the 6,063
sinking fund shall, within ten days prior to the time any such 6,064
payment is due, SHALL certify to the treasurer of state the total 6,065
amount of such payment, the amount of moneys to the credit of the 6,066
improvements bond retirement fund created by Section 2f of 6,067
Article VIII, Ohio Constitution, and the amount of additional 6,068
money necessary to be credited to such bond retirement fund to 6,069
meet in full the payment of such interest, principal, or charges 6,070
when due. 6,071
Upon receipt of such certification or if on presentation 6,073
for payment when due of either principal or interest on the bonds 6,074
or other obligations, there be insufficient moneys in such fund 6,075
to make any such payment, the treasurer of state shall transfer 6,076
the amount of additional moneys necessary to meet such payment to 6,077
the improvements bond retirement fund created by Section 2f of 6,078
Article VIII, Ohio Constitution, from the undistributed revenues 6,079
145
derived from all excises and taxes of the state, except ad 6,080
valorem taxes on real and personal property, income taxes, and 6,081
fees, excises, or license taxes relating to registration, 6,082
operation, or use of vehicles on public highways, or to fuels 6,083
used for propelling such vehicles, drawing first upon the 6,084
undistributed revenues derived from the tax levied by section 6,085
5743.02 of the Revised Code, then upon the undistributed revenues 6,086
derived from the tax levied by section 5743.32 of the Revised 6,087
Code, then upon the undistributed revenues derived from the tax 6,088
levied by section 5739.02 of the Revised Code, and then from the 6,089
undistributed revenues derived from the taxes levied by sections 6,090
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,091
5729.03, 5731.02, 5731.13, 5733.06, and 5741.02 of the Revised 6,093
Code in proportion to the amount of undistributed revenues 6,094
derived from each such tax. 6,095
Sec. 129.63. (A) The commissioners of the sinking fund 6,104
shall, prior to the twentieth day of December of each year, SHALL 6,107
certify to the treasurer of state: 6,108
(1) The amount of moneys required during the next 6,110
succeeding calendar year to meet in full as they become due 6,111
payments of principal, interest, and charges for the issuance and 6,112
retirement of bonds or notes issued pursuant to Section 2h of 6,113
Article VIII, Ohio Constitution, and section 129.60 of the 6,114
Revised Code, and the date of such payments; 6,115
(2) The amount of money to the credit of the development 6,117
bond retirement fund created under Section 2h of Article VIII, 6,118
Ohio Constitution, on the date the certification is made. 6,119
(B) The commissioners of the sinking fund shall, not 6,121
earlier than the thirtieth day nor later than the twentieth day, 6,122
prior to the date any payments of principal, interest, or charges 6,123
for the issuance or retirement of bonds or notes issued under 6,124
Section 2h of Article VIII, Ohio Constitution, and section 129.60 6,125
of the Revised Code become due, SHALL certify to the treasurer of 6,126
state: 6,127
146
(1) The total amount of such payments, the amount of 6,129
moneys then to the credit of the development bond retirement fund 6,130
created under Section 2h of Article VIII, Ohio Constitution, and 6,131
any amounts of additional money necessary to meet such payments 6,132
in full when due; 6,133
(2) The amount of any payments of principal, interest, or 6,135
charges for the issuance or retirement of bonds or notes issued 6,136
under Section 2f of Article VIII, Ohio Constitution, which will 6,137
become due on or before the tenth day following the date of 6,138
payment set forth in division (B)(1) of this section, the amounts 6,139
then to the credit of the improvements bond retirement fund 6,140
created by Section 2f of Article VIII, Ohio Constitution, and any 6,141
amounts of additional money necessary to meet such payments from 6,142
such fund when due. 6,143
(C) Upon receipt of the certifications required under 6,145
division (B) of this section, the treasurer of state shall: 6,146
(1) Transfer to the improvements bond retirement fund 6,148
created by Section 2f of Article VIII, Ohio Constitution, from 6,149
the revenues authorized by section 129.55 of the Revised Code to 6,150
be paid into such fund and in the order described in such 6,151
section, the amounts of additional money, if any, certified as 6,152
necessary under division (B)(2) of this section to make the 6,153
payments from each of such funds as certified under such 6,154
division; 6,155
(2) Transfer, after making whatever transfers are required 6,157
by division (C)(1) of this section, the additional amounts of 6,158
money, if any, certified as necessary under division (B)(1) of 6,159
this section to make the payments as certified under such 6,160
division to the development bond retirement fund created by 6,161
Section 2h of Article VIII, Ohio Constitution, from the 6,162
undistributed revenues derived from all excises and taxes of the 6,163
state, except ad valorem taxes on real and personal property, 6,164
income taxes, and fees, excises or license taxes relating to 6,165
registration, operation, or use of vehicles on the public 6,166
147
highways, or to fuels used for propelling such vehicles, drawing 6,167
first upon the undistributed revenues derived from the tax levied 6,168
by section 5739.02 of the Revised Code remaining after any 6,169
transfer to the improvements bond retirement fund created by 6,170
Section 2f of Article VIII, Ohio Constitution, of such amounts of 6,171
those revenues as may be required by section 129.55 of the 6,172
Revised Code to be so transferred, and then from the 6,173
undistributed revenues derived from the taxes levied by sections 6,174
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,175
5729.03, 5731.02, 5731.13, 5733.06, 5741.02, 5743.02, and 5743.32 6,177
of the Revised Code in proportion to the amount of undistributed 6,178
revenues from each such tax remaining after the transfer to the 6,179
improvements bond retirement fund created by Section 2f of 6,180
Article VIII, Ohio Constitution, of such amount of those revenues 6,181
as may be required by section 129.55 of the Revised Code to be so 6,182
transferred. 6,183
Sec. 129.73. (A) The commissioners of the sinking fund 6,192
shall, prior to the twentieth day of December of each year, SHALL 6,194
certify to the treasurer of state:
(1) The amount of moneys required during the next 6,196
succeeding calendar year to meet in full, as they become due, 6,197
payments of principal, interest, and charges for the issuance and 6,198
retirement of obligations issued pursuant to Section 2i of 6,199
Article VIII, Ohio Constitution, and former section 129.70 of the 6,200
Revised Code, and the date of such payments; 6,201
(2) The amount of money to the credit of the public 6,203
improvements bond retirement fund created under section 129.72 of 6,204
the Revised Code on the date the certification is made. 6,205
(B) The commissioners of the sinking fund shall, not 6,207
earlier than the thirtieth day nor later than the twentieth day, 6,208
prior to the date any payments of principal, interest, or charges 6,209
for the issuance or retirement of obligations issued under 6,210
Section 2i of Article VIII, Ohio Constitution, or former section 6,211
129.70 of the Revised Code become due, SHALL certify to the 6,212
148
treasurer of state: 6,213
(1) The total amount of such payments of principal, 6,215
interest, or charges, the amount of moneys then to the credit of 6,216
the public improvements bond retirement fund created under 6,217
section 129.72 of the Revised Code which THAT may be expended for 6,219
such payments, and any amounts of additional money necessary to 6,220
meet such payments in full when due; 6,221
(2) The amount of any payments of principal, interest, or 6,223
charges for the issuance or retirement of bonds or notes issued 6,224
under Section 2f of Article VIII, Ohio Constitution, which will 6,225
become due on or before the tenth day following the date of 6,226
payment referred to in division (B)(1) of this section, the 6,227
amount then to the credit of the improvements bond retirement 6,228
fund created by Section 2f of Article VIII, Ohio Constitution, 6,229
and any amounts of additional money necessary to meet such 6,230
payments from such fund when due; 6,231
(3) The amount of any payments of principal, interest, or 6,233
charges for the issuance or retirement of bonds or notes issued 6,234
under Section 2h of Article VIII, Ohio Constitution, which will 6,235
become due on or before the tenth day following the date of 6,236
payment referred to in division (B)(1) of this section, the 6,237
amounts then to the credit of the development bond retirement 6,238
fund created by Section 2h of Article VIII, Ohio Constitution, 6,239
any amounts of additional money necessary to meet such payments 6,240
from such fund when due. 6,241
(C) Upon receipt of the certifications required under 6,243
division (B) of this section, the treasurer of state shall: 6,244
(1) Transfer to the improvements bond retirement fund 6,246
created by Section 2f of Article VIII, Ohio Constitution, from 6,247
the revenues authorized by section 129.55 of the Revised Code to 6,248
be paid into such fund and in the order described in such 6,249
section, the amounts of additional money, if any, certified as 6,250
necessary under division (B)(2) of this section to make the 6,251
payments from such fund as certified under such division; 6,252
149
(2) Transfer to the development bond retirement fund 6,254
created by Section 2h of Article VIII, Ohio Constitution, from 6,255
the revenues authorized by section 129.63 of the Revised Code to 6,256
be paid into such fund and in the order described in such 6,257
section, the amounts of additional money, if any, certified as 6,258
necessary under division (B)(3) of this section to make the 6,259
payments from such fund as certified under such division; 6,260
(3) Transfer, after making whatever transfers are required 6,262
by divisions (C)(1) and (2) of this section, the additional 6,263
amounts of money, if any, certified as necessary under division 6,264
(B)(1) of this section to make the payments of principal, 6,265
interest, or charges as certified under such division to the 6,266
public improvements bond retirement fund created by section 6,267
129.72 of the Revised Code, from the undistributed revenues 6,268
derived from all excises and taxes of the state, except ad 6,269
valorem taxes on real and personal property, income taxes, and 6,270
fees, excises or license taxes relating to registration, 6,271
operation, or use of vehicles on the public highways, or to fuels 6,272
used for propelling such vehicles, which excises and taxes, other 6,273
than those excepted, are and shall be deemed to be levied, in 6,274
addition to the purposes otherwise provided for by law, to 6,275
provide in accordance with the provisions of this section for the 6,276
payment of interest, principal, and charges on tax supported 6,277
obligations, including bonds and notes, issued pursuant to 6,278
Section 2i of Article VIII, Ohio Constitution, and former section 6,279
129.70 of the Revised Code, provided that the treasurer of state 6,280
shall draw first upon the undistributed revenues derived from the 6,281
tax levied by section 5739.02 of the Revised Code remaining after 6,282
any transfer to the improvements bond retirement fund created by 6,283
Section 2f of Article VIII, Ohio Constitution, and the 6,284
development bond retirement fund created by Section 2h of Article 6,285
VIII, Ohio Constitution, of such amounts of those revenues as may 6,286
be required by sections 129.55 and 129.63 of the Revised Code to 6,287
be so transferred, and then from the undistributed revenues 6,288
150
derived from the taxes levied by sections 3769.08, 4301.42, 6,289
4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 6,290
5731.18, 5731.19, 5733.06, 5741.02, 5743.02, and 5743.32 of the 6,292
Revised Code in proportion to the amount of undistributed 6,293
revenues from each such tax remaining after the transfer to the 6,294
improvements bond retirement fund created by Section 2f of 6,295
Article VIII, Ohio Constitution, and the development bond 6,296
retirement fund created by Section 2h of Article VIII, Ohio 6,297
Constitution, of such amount of those revenues as may be required 6,298
by sections 129.55 and 129.63 of the Revised Code to be so 6,299
transferred.
(D) If on presentation for payment when due of either 6,301
principal or interest on obligations issued pursuant to Section 6,302
2i of Article VIII, Ohio Constitution, and former section 129.70 6,303
of the Revised Code, there are insufficient moneys for the 6,304
payment of such principal and interest, the treasurer of state 6,305
shall also transfer to the public improvements bond retirement 6,306
fund from the undistributed revenues referred to in division 6,307
(C)(3) of this section and in the order specified therein such 6,308
additional amounts as may be required for such payments. 6,309
Sec. 131.01. As used in Chapters 113., 117., 123., 124., 6,318
125., 126., 127., and 131. of the Revised Code, and any statute 6,319
that uses the terms in connection with state accounting or 6,320
budgeting: 6,321
(A) "Account" means any record, element, or summary in 6,323
which financial transactions are identified and recorded as debit 6,324
or credit transactions in order to summarize items of a similar 6,325
nature or classification. 6,326
(B) "Accounting procedure" means the arrangement of all 6,328
processes which discover, record, and summarize financial 6,329
information to produce financial statements and reports and to 6,330
provide internal control. 6,331
(C) "Accounting system" means the total structure of 6,333
records and procedures which discover, record, classify, and 6,334
151
report information on the financial position and operations of a 6,335
governmental unit or any of its funds, balanced account groups, 6,336
and organizational components. 6,337
(D) "Allocation" means a portion of an appropriation which 6,339
is designated for expenditure by specific organizational units or 6,340
for special purposes, activities, or objects that do not relate 6,341
to a period of time. 6,342
(E) "Allotment" means all or part of an appropriation 6,344
which may be encumbered or expended within a specific period of 6,345
time. 6,346
(F) "Appropriation" means an authorization granted by the 6,348
general assembly to make expenditures and to incur obligations 6,349
for specific purposes. 6,350
(G) "Assets" means resources owned, controlled, or 6,352
otherwise used or held by the state which have monetary value. 6,353
(H) "Budget" means the plan of financial operation 6,355
embodying an estimate of proposed expenditures and obligations 6,356
for a given period and the proposed means of financing them. 6,357
(I) "Direct deposit" is a form of electronic funds 6,359
transfer in which money is electronically deposited into the 6,360
account of a person or entity at a financial institution. 6,361
(J) "Disbursement" means a payment made for any purpose. 6,363
(K) "Electronic benefit transfer" means the electronic 6,365
delivery of public assistance benefits through automated teller 6,366
machines, point of sale terminals, or other electronic media 6,367
pursuant to section 5101.33 of the Revised Code. 6,368
(L) "Electronic funds transfer" means the electronic 6,370
movement of funds via automated clearing house or wire transfer. 6,371
(M) "Encumbrancing document" means a document reserving 6,373
all or part of an appropriation. 6,374
(N) "Expenditure" means a reduction of the balance of an 6,376
appropriation after legal requirements have been met. 6,377
(O) "Fund" means an independent fiscal and accounting 6,379
entity with a self-balancing set of accounts recording cash or 6,380
152
other resources, together with all related liabilities, 6,381
obligations, reserves, and fund balances which are segregated for 6,382
the purpose of carrying on specific activities or attaining 6,383
certain objectives in accordance with special rules, 6,384
restrictions, or limitations. 6,385
(P) "Lapse" means the automatic termination of an 6,387
appropriation at the end of the fiscal period for which it was 6,388
appropriated. 6,389
(Q) "Reappropriation" means an appropriation of a previous 6,391
appropriation that is continued in force in a succeeding 6,392
appropriation period. "Reappropriation" shall be equated with 6,393
and incorporated in the term "appropriation." 6,394
(R) "Voucher" means the document used to transmit a claim 6,396
for payment and evidentiary matter related to the claim. 6,397
(S) "Warrant" means an order drawn upon the treasurer of 6,399
state by the auditor of state directing the treasurer of state to 6,400
pay a specified amount, including an order to make a lump-sum 6,401
payment to a financial institution for the transfer of funds by 6,402
direct deposit or the drawdown of funds by electronic benefit 6,403
transfer, and the resulting electronic transfer to or by the 6,404
ultimate payees. 6,405
The terms defined in this section shall be used, on all 6,407
accounting forms, reports, formal rules, and budget requests 6,408
produced by a state agency, only as defined in this section. 6,409
Sec. 131.39. IF A STATE AGENCY DETERMINES THAT ALL OR A 6,411
PORTION OF A FEE, FINE, PENALTY, OR OTHER NONTAX PAYMENT MADE TO 6,412
THE AGENCY IS NOT OWED, THE AGENCY MAY REFUND, FROM THE FUND TO 6,413
WHICH THE PAYMENT WAS CREDITED, THE AMOUNT THAT IS NOT OWED. IF 6,414
THE AGENCY LACKS SUFFICIENT UNENCUMBERED APPROPRIATIONS TO MAKE 6,415
THE REFUND, THE AGENCY MAY REQUEST THE CONTROLLING BOARD FOR
AUTHORITY TO MAKE THE REFUND. THE BOARD MAY AUTHORIZE THE AGENCY 6,416
TO MAKE THE REFUND UPON A DETERMINATION THAT THE REFUND IS DUE 6,417
AND THAT SUFFICIENT UNENCUMBERED MONEY REMAINS IN THE FUND. 6,418
THIS SECTION DOES NOT SUPERSEDE ANY AUTHORITY TO REFUND A 6,420
153
PAYMENT THAT AN AGENCY HAS UNDER ANY OTHER LAW. 6,421
Sec. 133.20. (A) This section applies to bonds that are 6,430
general obligation Chapter 133. securities. If the bonds are 6,431
payable as to principal by provision for annual installments, the 6,432
period of limitations on their last maturity, referred to as 6,433
their maximum maturity, shall be measured from a date twelve 6,434
months prior to the first date on which provision for payment of 6,435
principal is made. If the bonds are payable as to principal by 6,436
provision for semiannual installments, the period of limitations 6,437
on their last maturity shall be measured from a date six months 6,438
prior to the first date on which provision for payment of 6,439
principal is made. 6,440
(B) Bonds issued for the following permanent improvements 6,442
or for permanent improvements for the following purposes shall 6,443
have maximum maturities not exceeding the number of years stated: 6,444
(1) Fifty years: 6,446
(a) The clearance and preparation of real property for 6,448
redevelopment as an urban redevelopment project; 6,449
(b) Acquiring, constructing, widening, relocating, 6,451
enlarging, extending, and improving a publicly owned railroad or 6,452
line of railway or a light or heavy rail rapid transit system, 6,453
including related bridges, overpasses, underpasses, and tunnels, 6,454
but not including rolling stock or equipment. 6,455
(2) Forty years: 6,457
(a) General waterworks or water system permanent 6,459
improvements, including buildings, water mains, or other 6,460
structures and facilities in connection therewith; 6,461
(b) Sewers or sewage treatment or disposal works or 6,463
facilities, including fireproof buildings or other structures in 6,464
connection therewith; 6,465
(c) Storm water drainage, surface water, and flood 6,467
prevention facilities. 6,468
(3) Thirty years: 6,470
(a) Municipal recreation, excluding recreational 6,472
154
equipment; 6,473
(b) Urban redevelopment projects; 6,475
(c) Acquisition of real property; 6,477
(d) Street or alley lighting purposes or relocating 6,479
overhead wires, cables, and appurtenant equipment underground. 6,480
(4) Twenty years: constructing, reconstructing, widening, 6,482
opening, improving, grading, draining, paving, extending, or 6,483
changing the line of roads, highways, expressways, freeways, 6,484
streets, sidewalks, alleys, or curbs and gutters, and related 6,485
bridges, viaducts, overpasses, underpasses, grade crossing 6,486
eliminations, service and access highways, and tunnels. 6,487
(5) Fifteen years: 6,489
(a) Resurfacing roads, highways, streets, or alleys; 6,491
(b) Alarm, telegraph, or other communications systems for 6,493
police or fire departments or other emergency services; 6,494
(c) Passenger buses used for mass transportation; 6,496
(d) ENERGY CONSERVATION MEASURES AS AUTHORIZED BY SECTION 6,498
133.06 OF THE REVISED CODE. 6,499
(6) Ten years: 6,501
(a) Water meters; 6,503
(b) Fire department apparatus and equipment; 6,505
(c) Road rollers and other road construction and servicing 6,507
vehicles; 6,508
(d) Furniture, equipment, and furnishings; 6,510
(e) Landscape planting and other site improvements; 6,512
(f) Playground, athletic, and recreational equipment and 6,514
apparatus; 6,515
(g) Energy conservation measures as authorized by section 6,517
133.06, 307.041, 505.264, or 717.02 of the Revised Code. 6,518
(7) Five years: New motor vehicles other than those 6,520
described in any other division of this section and those for 6,521
which provision is made in other provisions of the Revised Code. 6,522
(C) Bonds issued for any permanent improvements not within 6,524
the categories set forth in division (B) of this section shall 6,525
155
have maximum maturities of from five to thirty years as the 6,526
fiscal officer estimates is the estimated life or period of 6,527
usefulness of those permanent improvements. Bonds issued under 6,528
section 133.51 of the Revised Code for purposes other than 6,529
permanent improvements shall have such maturities, not to exceed 6,530
forty years, as the taxing authority shall specify. 6,531
(D) Securities issued under section 505.265 or 717.07 of 6,534
the Revised Code shall mature not later than December 31, 2035. 6,535
(E) A securities issue for one purpose may include 6,537
permanent improvements within two or more categories under 6,538
divisions (B) and (C) of this section. The maximum maturity of 6,539
such a bond issue shall not exceed the average number of years of 6,540
life or period of usefulness of the permanent improvements as 6,541
measured by the weighted average of the amounts expended or 6,542
proposed to be expended for the categories of permanent 6,543
improvements. 6,544
Sec. 135.63. The treasurer of state may invest in linked 6,553
deposits under sections 135.61 to 135.67 and, agricultural linked 6,554
deposits under sections 135.71 to 135.76, AND ASSISTIVE 6,556
TECHNOLOGY DEVICE LINKED DEPOSITS UNDER SECTIONS 135.91 TO 135.97 6,557
of the Revised Code, provided that at the time of placement of 6,559
any linked deposit or UNDER SECTIONS 135.61 TO 135.67 OF THE 6,560
REVISED CODE, agricultural linked deposit, OR ASSISTIVE
TECHNOLOGY DEVICE LINKED DEPOSITS, the combined amount of 6,561
investments in THE linked deposits and, agricultural linked 6,563
deposits, AND ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS is not 6,564
more than twelve per cent of the state's total average investment 6,565
portfolio as determined by the treasurer of state. When deciding 6,566
whether to invest in THE linked deposits and, agricultural linked 6,567
deposits, OR ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS, the 6,568
treasurer of state shall give priority to the investment, 6,570
liquidity, and cash flow needs of the state.
Sec. 135.91. AS USED IN SECTIONS 135.91 TO 135.97 OF THE 6,572
REVISED CODE:
156
(A) "ASSISTIVE TECHNOLOGY DEVICE" MEANS ANY ITEM, PIECE OF 6,574
EQUIPMENT, OR PRODUCT SYSTEM, WHETHER ACQUIRED COMMERCIALLY, 6,575
MODIFIED, OR CUSTOMIZED, THAT IS USED TO INCREASE, MAINTAIN, OR 6,576
IMPROVE THE FUNCTIONAL CAPABILITIES OF AN INDIVIDUAL WITH A 6,577
DISABILITY. "ASSISTIVE TECHNOLOGY DEVICE OR DEVICES" INCLUDES, 6,578
BUT IS NOT LIMITED TO, HEARING AIDS, TEXT TELEPHONES, COMPUTER 6,579
TALKING SOFTWARE, BRAILLE PRINTERS, OPTICAL SCANNERS, CLOSED
CIRCUIT TELEVISION, MANUAL OR MOTORIZED WHEELCHAIRS, AND HOME AND 6,580
VAN MODIFICATIONS.
(B) "DISABILITY" HAS THE SAME MEANING AS IN THE "AMERICANS 6,583
WITH DISABILITIES ACT OF 1990," 104 STAT. 327, 42 U.S.C. 12101. 6,584
(C) "ELIGIBLE INDIVIDUAL WITH A DISABILITY" MEANS ANY OF 6,586
THE FOLLOWING: 6,587
(1) AN INDIVIDUAL WITH A DISABILITY WHO IS A RESIDENT OF 6,589
THIS STATE AND WHOSE INDEPENDENCE AND QUALITY OF LIFE WOULD BE 6,590
IMPROVED BY AN ASSISTIVE TECHNOLOGY DEVICE; 6,591
(2) AN INDIVIDUAL WITH A DISABILITY WHO CANNOT SECURE 6,593
FUNDING THROUGH GOVERNMENTAL SOURCES, PRIVATE INSURANCE, OR OTHER 6,594
MEANS TO OBTAIN ASSISTIVE TECHNOLOGY DEVICES THAT WILL ENABLE 6,595
THAT INDIVIDUAL TO LIVE INDEPENDENTLY AND ENHANCE THAT 6,596
INDIVIDUAL'S EMPLOYMENT OPPORTUNITIES;
(3) A PARENT, CUSTODIAN, OR GUARDIAN WHO APPLIES FOR A 6,598
LOAN AS PROVIDED IN SECTION 135.93 OF THE REVISED CODE ON BEHALF 6,599
OF AN INDIVIDUAL DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. 6,600
(D) "ELIGIBLE LENDING INSTITUTION" MEANS A FINANCIAL 6,602
INSTITUTION THAT IS ELIGIBLE TO MAKE LOANS, IS A PUBLIC 6,603
DEPOSITORY OF STATE FUNDS UNDER SECTION 135.03 OF THE REVISED 6,604
CODE, AND AGREES TO PARTICIPATE IN THE ASSISTIVE TECHNOLOGY
DEVICE LINKED DEPOSIT PROGRAM. 6,605
(E) "ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT" MEANS A 6,607
CERTIFICATE OF DEPOSIT PLACED BY THE TREASURER OF STATE WITH AN 6,608
ELIGIBLE LENDING INSTITUTION AT UP TO THREE PER CENT BELOW 6,609
CURRENT MARKET RATES, AS DETERMINED AND CALCULATED BY THE 6,610
TREASURER OF STATE, PROVIDED THE INSTITUTION AGREES TO LEND THE 6,611
157
VALUE OF THE DEPOSIT, ACCORDING TO THE DEPOSIT AGREEMENT REQUIRED 6,612
BY SECTION 135.92 OF THE REVISED CODE, TO ELIGIBLE INDIVIDUALS
WITH DISABILITIES AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,613
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,614
DISABILITY AT THE TIME OF THE DEPOSIT OF STATE FUNDS IN THE 6,615
INSTITUTION.
Sec. 135.92. (A) AN ELIGIBLE LENDING INSTITUTION SHALL 6,617
ENTER INTO A DEPOSIT AGREEMENT WITH THE TREASURER OF STATE, WHICH 6,618
AGREEMENT SHALL INCLUDE REQUIREMENTS NECESSARY TO CARRY OUT THE 6,619
PURPOSES OF SECTIONS 135.91 TO 135.97 OF THE REVISED CODE. THESE 6,620
REQUIREMENTS SHALL REFLECT THE MARKET CONDITIONS PREVAILING IN 6,621
THE ELIGIBLE LENDING INSTITUTION'S LENDING AREA.
(B)(1) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF 6,623
THIS SECTION SHALL INCLUDE PROVISIONS FOR CERTIFICATES OF DEPOSIT 6,624
TO BE PLACED FOR ANY MATURITY CONSIDERED APPROPRIATE BY THE 6,625
TREASURER OF STATE NOT TO EXCEED TWO YEARS, BUT MAY BE RENEWED 6,626
FOR UP TO AN ADDITIONAL TWO YEARS AT THE OPTION OF THE TREASURER 6,627
OF STATE. INTEREST SHALL BE PAID AT THE TIMES DETERMINED BY THE 6,628
TREASURER OF STATE.
(2) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF THIS 6,630
SECTION MAY INCLUDE A SPECIFICATION OF THE PERIOD OF TIME IN 6,631
WHICH THE LENDING INSTITUTION IS TO LEND FUNDS UPON THE PLACEMENT 6,632
OF A LINKED DEPOSIT.
(C) ELIGIBLE LENDING INSTITUTIONS SHALL COMPLY FULLY WITH 6,634
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE AND WITH THIS 6,635
CHAPTER.
Sec. 135.93. (A) AN ELIGIBLE LENDING INSTITUTION THAT 6,637
DESIRES TO RECEIVE AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT 6,638
SHALL ACCEPT AND REVIEW APPLICATIONS FOR LOANS FROM ELIGIBLE 6,639
INDIVIDUALS WITH DISABILITIES. THE LENDING INSTITUTION SHALL 6,640
APPLY ALL USUAL LENDING STANDARDS TO DETERMINE THE
CREDITWORTHINESS OF EACH ELIGIBLE INDIVIDUAL WITH A DISABILITY. 6,641
(B)(1) THE ELIGIBLE FINANCIAL INSTITUTION SHALL FORWARD TO 6,643
THE TREASURER OF STATE AN ASSISTIVE TECHNOLOGY DEVICE LINKED 6,644
158
DEPOSIT LOAN PACKAGE, IN THE FORM AND MANNER AS PRESCRIBED BY THE 6,645
TREASURER OF STATE.
(2) THE PACKAGE REQUIRED BY DIVISION (B)(1) OF THIS 6,647
SECTION SHALL INCLUDE SUCH INFORMATION AS REQUIRED BY THE 6,648
TREASURER OF STATE, INCLUDING THE AMOUNT OF THE LOAN REQUESTED 6,649
AND A NOTE FROM THE PHYSICIAN OF THE ELIGIBLE INDIVIDUAL WITH A 6,650
DISABILITY THAT ATTESTS TO THE INDIVIDUAL'S DISABILITY, SPECIFIES 6,651
THAT THE INDIVIDUAL WOULD BENEFIT FROM AN ASSISTIVE TECHNOLOGY 6,652
DEVICE, AND IDENTIFIES WHAT ASSISTIVE TECHNOLOGY DEVICE WOULD BE 6,653
THE MOST APPROPRIATE FOR THE INDIVIDUAL.
(3) THE INSTITUTION SHALL CERTIFY THAT EACH APPLICANT IS 6,655
AN ELIGIBLE INDIVIDUAL WITH A DISABILITY, AND SHALL CERTIFY THE 6,656
PRESENT BORROWING RATE APPLICABLE TO EACH ELIGIBLE INDIVIDUAL. 6,657
(C) AN ELIGIBLE INDIVIDUAL WITH A DISABILITY SHALL CERTIFY 6,659
ON THE INDIVIDUAL'S LOAN APPLICATION THAT THE REDUCED RATE LOAN 6,660
WILL BE USED EXCLUSIVELY TO OBTAIN AN ASSISTIVE TECHNOLOGY 6,661
DEVICE.
(D) WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN OR 6,663
CONCERNING AN INDIVIDUAL'S APPLICATION FOR A LOAN UNDER SECTIONS 6,664
135.91 TO 135.97 OF THE REVISED CODE IS GUILTY OF THE OFFENSE OF 6,665
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE.
Sec. 135.94. (A) UPON THE PLACEMENT OF AN ASSISTIVE 6,667
TECHNOLOGY DEVICE LINKED DEPOSIT WITH AN ELIGIBLE LENDING 6,668
INSTITUTION, THE INSTITUTION SHALL LEND FUNDS TO EACH APPROVED 6,669
ELIGIBLE INDIVIDUAL WITH DISABILITIES LISTED IN THE ASSISTIVE 6,670
TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE REQUIRED BY SECTION 6,671
135.93 OF THE REVISED CODE AND IN ACCORDANCE WITH THE DEPOSIT
AGREEMENT REQUIRED BY SECTION 135.92 OF THE REVISED CODE. 6,672
(B) THE LOAN OF FUNDS DESCRIBED IN DIVISION (A) OF THIS 6,674
SECTION SHALL BE AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,675
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,676
DISABILITY.
(C) AN ELIGIBLE LENDING INSTITUTION SHALL CERTIFY 6,678
COMPLIANCE WITH THIS SECTION IN THE FORM AND MANNER PRESCRIBED BY 6,679
159
THE TREASURER OF STATE.
Sec. 135.95. (A) THE TREASURER OF STATE MAY ACCEPT OR 6,681
REJECT AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE 6,682
OR ANY PORTION OF THE PACKAGE REQUIRED BY SECTION 135.93 OF THE 6,683
REVISED CODE, BASED ON THE TREASURER'S EVALUATION OF EACH 6,684
ELIGIBLE INDIVIDUAL WITH DISABILITIES INCLUDED IN THE PACKAGE AND
THE AMOUNT OF STATE FUNDS TO BE DEPOSITED. 6,685
(B) UPON ACCEPTANCE OF THE ASSISTIVE TECHNOLOGY DEVICE 6,687
LINKED DEPOSIT LOAN PACKAGE OR ANY PORTION OF THE PACKAGE 6,688
REQUIRED BY SECTION 135.93 OF THE REVISED CODE, THE TREASURER OF 6,689
STATE MAY PLACE CERTIFICATES OF DEPOSIT WITH THE ELIGIBLE LENDING 6,690
INSTITUTION AT THREE PER CENT BELOW CURRENT MARKET RATES, AS
DETERMINED AND CALCULATED BY THE TREASURER OF STATE. HOWEVER, 6,691
WHEN NECESSARY, THE TREASURER OF STATE MAY PLACE CERTIFICATES OF 6,692
DEPOSIT PRIOR TO ACCEPTANCE OF AN ASSISTIVE TECHNOLOGY DEVICE 6,693
LINKED DEPOSIT LOAN PACKAGE.
Sec. 135.96. (A) THE TREASURER OF STATE SHALL TAKE ALL 6,695
STEPS, INCLUDING THE DEVELOPMENT OF GUIDELINES, NECESSARY TO 6,696
IMPLEMENT THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT PROGRAM 6,697
ESTABLISHED UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE 6,698
AND MONITOR COMPLIANCE OF ELIGIBLE LENDING INSTITUTIONS AND
ELIGIBLE INDIVIDUALS WITH DISABILITIES. 6,699
(B)(1) ANNUALLY, BY THE FIRST DAY OF FEBRUARY, THE 6,701
TREASURER OF STATE SHALL REPORT ON THE ASSISTIVE TECHNOLOGY 6,702
DEVICE LINKED DEPOSIT PROGRAM ESTABLISHED UNDER SECTIONS 135.91 6,703
TO 135.97 OF THE REVISED CODE FOR THE PRECEDING CALENDAR YEAR TO 6,704
THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND 6,705
THE PRESIDENT OF THE SENATE.
(2) THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS SECTION 6,707
SHALL SET FORTH THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS 6,708
MADE BY THE TREASURER OF STATE UNDER THE PROGRAM DURING THE YEAR 6,709
AND SHALL INCLUDE INFORMATION REGARDING BOTH OF THE FOLLOWING: 6,710
(a) THE NATURE, TERMS, AND AMOUNTS OF THE LOANS UPON WHICH 6,712
THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS WERE BASED; 6,713
160
(b) THE ELIGIBLE INDIVIDUALS WITH DISABILITIES TO WHOM THE 6,715
LOANS WERE MADE. 6,716
(3) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL 6,718
TRANSMIT COPIES OF THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS 6,719
SECTION TO THE CHAIRPERSON OF THE STANDING HOUSE OF 6,720
REPRESENTATIVES COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION 6,721
REGARDING HUMAN SERVICES, AND THE PRESIDENT OF THE SENATE SHALL 6,722
TRANSMIT COPIES OF THE REPORT TO THE CHAIRPERSON OF THE STANDING 6,723
SENATE COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION REGARDING
HUMAN SERVICES. 6,724
Sec. 135.97. (A) THE STATE AND THE TREASURER OF STATE ARE 6,726
NOT LIABLE TO ANY ELIGIBLE LENDING INSTITUTION IN ANY MANNER FOR 6,727
PAYMENT OF THE PRINCIPAL OR INTEREST ON A LOAN MADE UNDER 6,728
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE TO AN ELIGIBLE 6,729
INDIVIDUAL WITH A DISABILITY.
(B) ANY DELAY IN PAYMENTS OR DEFAULT ON THE PART OF AN 6,731
ELIGIBLE INDIVIDUAL WITH A DISABILITY WITH RESPECT TO A LOAN MADE 6,732
UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE DOES NOT IN 6,733
ANY MANNER AFFECT THE DEPOSIT AGREEMENT BETWEEN THE ELIGIBLE 6,734
LENDING INSTITUTION AND THE TREASURER OF STATE.
Sec. 149.30. The Ohio historical society, chartered by 6,744
this state as a corporation not for profit to promote a knowledge 6,745
of history and archaeology, especially of Ohio, and operated 6,746
continuously in the public interest since 1885, may perform 6,747
public functions as prescribed by law. 6,748
The general assembly may appropriate money to the Ohio 6,750
historical society each biennium to carry out the public 6,751
functions of the society as enumerated in this section. An 6,752
appropriation by the general assembly to the society constitutes 6,753
an offer to contract with the society to carry out those public 6,754
functions for which appropriations are made. An acceptance by 6,755
the society of the appropriated funds constitutes an acceptance 6,756
by the society of the offer and is considered an agreement by the 6,757
society to perform those functions in accordance with the terms 6,758
161
of the appropriation and the law and to expend the funds only for 6,759
the purposes for which appropriated. The governor may request on 6,760
behalf of the society, and the controlling board may release, 6,761
additional funds to the society for survey, salvage, repair, or 6,762
rehabilitation of an emergency nature for which funds have not 6,763
been appropriated, and acceptance by the society of such moneys 6,764
THOSE FUNDS constitutes an agreement on the part of the society 6,765
to expend such THOSE funds only for the purpose for which 6,767
released by the controlling board. 6,768
The society shall faithfully expend and apply all moneys 6,770
received from the state to the uses and purposes directed by law 6,771
and for necessary administrative expenses. The society shall 6,772
perform the public function of sending notice by certified mail 6,773
to the owner of any property at the time it is listed on the 6,774
national register of historic places. The society shall 6,775
accurately record all expenditures of such funds in conformity 6,776
with generally accepted accounting principles. 6,777
The auditor of state shall audit all funds and fiscal 6,779
records of the society. 6,780
The public functions to be performed by the Ohio historical 6,782
society shall include ALL OF THE FOLLOWING: 6,783
(A) Creating, supervising, operating, protecting, 6,785
maintaining, and promoting for public use a system of state 6,786
memorials, titles to which may reside wholly or in part with this 6,787
state or wholly or in part with the society as provided in and in 6,788
conformity to appropriate acts and resolves of the general 6,789
assembly, and leasing for renewable periods of two years or less, 6,790
with the advice and consent of the attorney general and the 6,791
director of administrative services, lands and buildings owned by 6,792
the state which are in the care, custody, and control of the 6,793
society, all of which shall be maintained and kept for public use 6,794
at reasonable hours; 6,795
(B) Making alterations and improvements, marking, and 6,797
constructing, reconstructing, protecting, or restoring 6,798
162
structures, earthworks, and monuments in its care, and equipping 6,799
such facilities with appropriate educational maintenance 6,800
facilities; 6,801
(C) Serving as the archives administration for the state 6,803
and its political subdivisions as provided in sections 149.31 to 6,804
149.42 of the Revised Code; 6,805
(D) Administering a state historical museum, to be the 6,807
headquarters of the society and its principal museum and library, 6,808
which shall be maintained and kept for public use at reasonable 6,809
hours; 6,810
(E) Establishing a marking system to identify all 6,812
designated historic and archaeological sites within the state and 6,813
marking or causing to be marked historic sites and communities 6,814
considered by the society to be historically or archaeologically 6,815
significant; 6,816
(F) Publishing books, pamphlets, periodicals, and other 6,818
publications about history, archaeology, and natural science and 6,819
supplying one copy of each regular periodical issue to all public 6,820
libraries in this state without charge; 6,821
(G) Engaging in research in history, archaeology, and 6,823
natural science and providing historical information upon request 6,824
to all state agencies; 6,825
(H) Collecting, preserving, and making available by all 6,827
appropriate means and under approved safeguards all manuscript, 6,828
print, or near-print library collections and all historical 6,829
objects, specimens, and artifacts which pertain to the history of 6,830
Ohio and its people, including the following original documents: 6,831
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 6,832
Ohio Constitution of 1875; design and the letters of patent and 6,833
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 6,834
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 6,835
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 6,836
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 6,837
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 6,838
163
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 6,839
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 6,840
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 6,841
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 6,842
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 6,843
(1947); 6,844
(I) Encouraging and promoting the organization and 6,846
development of county and local historical societies; 6,847
(J) Providing Ohio schools with such materials at cost or 6,849
near cost as the society may prepare to facilitate the 6,850
instruction of Ohio history; 6,851
(K) Providing advisory and technical assistance to local 6,853
societies for the preservation and restoration of historic and 6,854
archaeological sites; 6,855
(L) Devising uniform criteria for the designation of 6,857
historic and archaeological sites throughout the state and 6,858
advising local historical societies of the criteria and their 6,859
application; 6,860
(M) Taking inventory, in cooperation with the Ohio arts 6,862
council, the Ohio archaeological council, and the archaeological 6,863
society of Ohio, of significant designated and undesignated state 6,864
and local sites and keeping an active registry of all designated 6,865
sites within the state; 6,866
(N) Contracting with the owners or persons having an 6,868
interest in designated historic or archaeological sites or 6,869
property adjacent or contiguous to such THOSE sites, or 6,870
acquiring, by purchase, gift, or devise, easements in such THOSE 6,872
sites or in property adjacent or contiguous to such THOSE sites, 6,874
in order to control or restrict the use of such THOSE historic or 6,876
archaeological sites or adjacent or contiguous property for the 6,878
purpose of restoring or preserving the historical or 6,879
archaeological significance or educational value of such THOSE 6,880
sites;
(O) Constructing a monument honoring Governor James A. 6,882
164
Rhodes, which shall stand on the northeast quadrant of the 6,883
grounds surrounding the capitol building. The monument shall be 6,884
constructed with private funds donated to the Ohio historical 6,885
society and designated for this purpose. No public funds shall 6,886
be expended to construct this monument. The department of 6,887
administrative services shall cooperate with the Ohio historical 6,888
society in carrying out this function and shall maintain the 6,889
monument in a manner compatible with the grounds of the capitol 6,890
building. 6,891
(P) COMMISSIONING A PORTRAIT OF EACH DEPARTING GOVERNOR, 6,893
WHICH SHALL BE DISPLAYED IN THE CAPITOL BUILDING. THE OHIO 6,894
HISTORICAL SOCIETY MAY ACCEPT PRIVATE CONTRIBUTIONS DESIGNATED 6,895
FOR THIS PURPOSE AND, AT THE DISCRETION OF ITS BOARD OF TRUSTEES, 6,896
ALSO MAY APPLY FOR THE SAME PURPOSE FUNDS APPROPRIATED BY THE 6,897
GENERAL ASSEMBLY TO THE SOCIETY PURSUANT TO THIS SECTION.
(Q) Planning and developing a center at the capitol 6,899
building for the purpose of educating visitors about the history 6,900
of ohio OHIO, including its political, economic, and social 6,901
development and the design and erection of the capitol building 6,902
and its grounds. The Ohio historical society may accept 6,903
contributions of private moneys and in-kind services designated 6,904
for this purpose and may, at the discretion of its board of 6,905
trustees, also apply, for the same purpose, personnel and other 6,906
resources paid in whole or in part by its state subsidy. 6,907
(Q)(R) Submitting an annual report of its activities, 6,909
programs, and operations to the governor within two months after 6,910
the close of each fiscal year of the state. 6,911
The society shall not sell, mortgage, transfer, or dispose 6,913
of historical or archaeological sites to which it has title and 6,914
in which the state has monetary interest except by action of the 6,915
general assembly. 6,916
In consideration of the public functions performed by the 6,918
Ohio historical society for the state, employees of the society 6,919
shall be considered public employees within the meaning of 6,920
165
section 145.01 of the Revised Code. 6,921
Sec. 166.03. (A) There is hereby created the facilities 6,930
establishment fund within the state treasury, consisting of 6,931
proceeds from the issuance of obligations as specified under 6,932
section 166.08 of the Revised Code; the moneys received by the 6,933
state from the sources specified in section 166.09 of the Revised 6,934
Code; service charges imposed under sections 166.06 and 166.07 of 6,935
the Revised Code; any grants, gifts, or contributions of moneys 6,936
received by the director of development to be used for loans made 6,937
under section 166.07 of the Revised Code or for the payment of 6,938
the allowable costs of project facilities; and all other moneys 6,939
appropriated or transferred to the fund. Moneys in the loan 6,940
guarantee fund in excess of four per cent of the unpaid principal 6,941
amount of loan repayments guaranteed under section 166.06 of the 6,942
Revised Code, but subject to the provisions and requirements of 6,943
any guarantee contracts, may be transferred to the facilities 6,944
establishment fund by the treasurer of state upon the order of 6,945
the director of development. Moneys received by the state under 6,946
Chapter 122. of the Revised Code, to the extent allocable to the 6,947
utilization of moneys derived from proceeds of the sale of 6,948
obligations pursuant to section 166.08 of the Revised Code, shall 6,949
be credited to the facilities establishment fund. 6,950
(B) All moneys appropriated or transferred to the 6,952
facilities establishment fund may be released at the request of 6,953
the director for payment of allowable costs or the making of 6,954
loans under this chapter, for transfer to the loan guarantee fund 6,955
established in section 166.06 of the Revised Code, or for use for 6,956
the purpose of or transfer to the funds established by sections 6,958
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 6,960
UNTIL JULY 1, 2001, SECTION 166.031 of the Revised Code, but only 6,961
for such of those purposes as are within the authorization of 6,963
Section 13 of Article VIII, Ohio Constitution, in all cases 6,964
subject to the approval of the controlling board. 6,965
166
(C) Moneys transferred to the facilities establishment 6,967
fund under section 3734.82 of the Revised Code shall be used 6,968
exclusively for eligible projects that recover or recycle energy 6,969
from scrap tires, as "scrap tires" is defined in section 3734.01 6,970
of the Revised Code, for any of the following purposes: 6,971
(1) Making loans under this chapter; 6,973
(2) Making grants; 6,975
(3) Providing other incentives, including, without 6,977
limitation, entering into contracts with private entities to 6,978
conduct environmental studies or tests for eligible projects that 6,979
propose to recover energy from scrap tires. 6,980
The director shall adopt rules under division (B)(9) of 6,982
section 166.02 of the Revised Code for the purpose of 6,983
administering this division. 6,984
(D) The department of development, in the administration 6,986
of the facilities establishment fund, is encouraged to utilize 6,987
and promote the utilization of, to the maximum practicable 6,988
extent, the other existing programs, business incentives, and tax 6,989
incentives that department is required or authorized to 6,990
administer or supervise. 6,991
Sec. 166.032. (A) THERE IS HEREBY CREATED IN THE STATE 6,994
TREASURY THE SCRAP TIRE LOANS AND GRANTS FUND, CONSISTING OF 6,996
MONEYS TRANSFERRED TO THE FUND UNDER SECTION 3734.82 OF THE 6,998
REVISED CODE. MONEYS SHALL BE USED EXCLUSIVELY FOR ELIGIBLE 7,000
PROJECTS THAT RECOVER, USE, OR RECYCLE ENERGY FROM SCRAP TIRES, 7,002
AS "SCRAP TIRES" IS DEFINED IN SECTION 3734.01 OF THE REVISED 7,003
CODE, OR FOR ELIGIBLE PROJECTS THAT REMOVE SCRAP TIRES FROM BEING 7,005
DISPOSED OF AS SOLID WASTE UNDER CHAPTER 3734. OF THE REVISED 7,006
CODE, FOR ANY OF THE FOLLOWING PURPOSES:
(1) MAKING LOANS UNDER THIS CHAPTER; 7,008
(2) MAKING GRANTS; 7,010
(3) PROVIDING OTHER INCENTIVES, INCLUDING, WITHOUT 7,012
LIMITATION, ENTERING INTO CONTRACTS WITH PRIVATE ENTITIES TO 7,013
CONDUCT ENVIRONMENTAL STUDIES OR TESTS FOR ELIGIBLE PROJECTS THAT 7,014
167
PROPOSE TO RECOVER ENERGY FROM SCRAP TIRES. 7,015
(B) THE DIRECTOR OF DEVELOPMENT SHALL ADOPT RULES UNDER 7,017
DIVISION (B)(9) OF SECTION 166.02 OF THE REVISED CODE FOR THE 7,019
PURPOSE OF ADMINISTERING THIS SECTION. 7,020
Sec. 166.05. (A) In determining the projects to be 7,029
assisted and the nature, amount, and terms of assistance to be 7,030
provided for an eligible project under this chapter: 7,031
(1) Except as otherwise provided in division (A)(3) of 7,033
this section, the director of development shall take into 7,034
consideration all of the following: 7,035
(a) The number of jobs to be created or preserved, 7,037
directly or indirectly; 7,038
(b) Payrolls, and the taxes generated, at both state and 7,040
local levels, by the eligible project and by the employment 7,041
created or preserved by the eligible project; 7,042
(c) The size, nature, and cost of the eligible project, 7,044
including the prospect of the project for providing long-term 7,045
jobs in enterprises consistent with the changing economics of the 7,046
state and the nation; 7,047
(d) The needs, and degree of needs, of the area in which 7,049
the eligible project is to be located; 7,050
(e) The needs of any private sector enterprise to be 7,052
assisted; 7,053
(f) The competitive effect of the assistance on other 7,055
enterprises providing jobs for people of the state; 7,056
(g) The amount and kind of assistance, if any, to be 7,058
provided to the private sector enterprise by other governmental 7,059
agencies through tax exemption or abatement, financing assistance 7,060
with industrial development bonds, and otherwise, with respect to 7,061
the eligible project; 7,062
(h) The impact of the eligible project and its operations 7,064
on local government services, including school services, and on 7,065
public facilities; 7,066
(i) The effect of the assistance on the loss of or damage 7,068
168
to or destruction of prime farmland, or the removal from 7,069
agricultural production of prime farmland. As used in this 7,070
section, "prime farmland" means agricultural land that meets the 7,071
criteria for this classification as defined by the United States 7,072
soil conservation service. 7,073
(j) The length of time the operator of the project has 7,075
been operating facilities within the state; 7,076
(k) The reservation of financial assistance made by the 7,078
general assembly for small business concerns. 7,079
(2) The benefits to the local area, including taxes, jobs, 7,081
and reduced unemployment and reduced welfare costs, among others, 7,082
may be accorded value in the leasing or sales of project 7,083
facilities and in loan and guarantee arrangements. 7,084
(3) For the purpose of making the determination required 7,086
under division (A) of this section for loans, grants, or other 7,087
incentives for eligible projects under division (C) of section 7,088
166.03 of the Revised Code, the director may consider factors 7,089
different from and in lieu of those established in divisions 7,090
(A)(1)(a) to (k) of this section as provided in rules adopted 7,091
pursuant to division (C) of section 166.03 of the Revised Code. 7,092
(B) Prior to granting final approval of the assistance to 7,094
be provided, the director shall determine that the benefits to be 7,096
derived by the state and local area from the establishment or 7,097
development, and operation, of the eligible project will exceed 7,098
the cost of providing such assistance and, except as provided in 7,099
division (C)(2) of this section, shall submit to the development 7,101
financing advisory council and to the controlling board a copy of 7,103
that determination including the basis for the determination. 7,104
(C)(1) Except as provided in division (C)(2) of this 7,107
section, prior to the submission provided for in division (B) of 7,109
this section to the controlling board, the director shall submit 7,110
to the development financing advisory council data pertinent to 7,112
the considerations set forth in division (A) of this section, the 7,113
terms of the proposed assistance, and such other relevant
169
information as the development financing advisory council may 7,115
request. 7,116
(2) The director is not required to submit any 7,118
determination, data, terms, or other application materials or 7,119
information to the development financing advisory council when 7,120
provision of the assistance has been recommended to the director 7,122
by a regional economic development entity.
(D) The development financing advisory council, on the 7,124
basis of such data, shall make recommendations as to the 7,126
appropriateness of the assistance to be provided. The 7,127
recommendations may be revised to reflect any changes in the 7,128
proposed assistance as the director may submit to the council. 7,130
The recommendations, as amended, of the council as to the 7,131
appropriateness of the proposed assistance shall be submitted to 7,132
the controlling board. 7,133
(E) Financial statements and other data submitted to the 7,135
director of development, the development financing advisory 7,136
council, or the controlling board by any private sector person in 7,138
connection with financial assistance under this chapter, or any 7,139
information taken from such statements or data for any purpose, 7,140
shall not be open to public inspection. The development 7,141
financing advisory council in considering confidential 7,142
information in connection with financial assistance under this 7,144
chapter may, only for consideration of the confidential 7,145
information referred to, and in the manner provided in division 7,146
(E) of section 121.22 of the Revised Code, close the meeting 7,147
during such consideration.
Sec. 169.02. Subject to division (B) of section 169.01 of 7,156
the Revised Code, the following constitute unclaimed funds: 7,157
(A) Except as provided in division (R) of this section, 7,160
any demand, savings, or matured time deposit account, or matured 7,161
certificate of deposit, together with any interest or dividend on 7,162
it, less any lawful claims, that is held or owed by a holder 7,163
which is a financial organization, unclaimed for a period of five 7,164
170
years;
(B) Any funds paid toward the purchase of withdrawable 7,166
shares or other interest in a financial organization, and any 7,167
interest or dividends on them, less any lawful claims, that is 7,168
held or owed by a holder which is a financial organization, 7,169
unclaimed for a period of five years; 7,170
(C) Except as provided in division (A) of section 3903.45 7,172
of the Revised Code, moneys held or owed by a holder, including a 7,173
fraternal association, providing life insurance, including 7,174
annuity or endowment coverage, unclaimed for five THREE years 7,175
after becoming payable as established from the records of such 7,177
holder under any life or endowment insurance policy or annuity 7,178
contract that has matured or terminated. An insurance policy, 7,179
the proceeds of which are payable on the death of the insured, 7,180
not matured by proof of death of the insured is deemed matured 7,181
and the proceeds payable if such policy was in force when the 7,182
insured attained the limiting age under the mortality table on 7,183
which the reserve is based. 7,184
Moneys otherwise payable according to the records of such 7,186
holder are deemed payable although the policy or contract has not 7,187
been surrendered as required. 7,188
(D) Any deposit made to secure payment or any sum paid in 7,190
advance for utility services of a public utility and any amount 7,191
refundable from rates or charges collected by a public utility 7,192
for utility services held or owed by a holder, less any lawful 7,193
claims, that has remained unclaimed for five years ONE YEAR after 7,195
the termination of the services for which the deposit or advance 7,196
payment was made or five years ONE YEAR from the date the refund 7,197
was payable, whichever is earlier; 7,199
(E) Except as provided in division (R) of this section, 7,202
any certificates, securities as defined in section 1707.01 of the 7,203
Revised Code, nonwithdrawable shares, other instruments 7,204
evidencing ownership, or rights to them or funds paid toward the 7,205
purchase of them, or any dividend, capital credit, profit, 7,206
171
distribution, interest, or payment on principal or other sum, 7,207
held or owed by a holder, including funds deposited with a fiscal 7,208
agent or fiduciary for payment of them, unclaimed for five years, 7,209
except, in the case of AND instruments representing an ownership 7,210
interest, unclaimed for seven FIVE years. ANY UNDERLYING SHARE 7,211
OR OTHER INTANGIBLE INSTRUMENT REPRESENTING AN OWNERSHIP INTEREST 7,212
IN A BUSINESS ASSOCIATION, IN WHICH THE ISSUER HAS RECORDED ON 7,213
ITS BOOKS THE ISSUANCE OF THE SHARE BUT HAS BEEN UNABLE TO 7,214
DELIVER THE CERTIFICATE TO THE SHAREHOLDER, CONSTITUTES UNCLAIMED 7,215
FUNDS IF SUCH UNDERLYING SHARE IS UNCLAIMED FOR FIVE YEARS. IN 7,216
ADDITION, AN UNDERLYING SHARE CONSTITUTES UNCLAIMED FUNDS IF A 7,217
DIVIDEND, DISTRIBUTION, OR OTHER SUM PAYABLE AS A RESULT OF THE 7,218
UNDERLYING SHARE HAS REMAINED UNCLAIMED BY THE OWNER FOR FIVE 7,219
YEARS.
This division shall not prejudice the rights of fiscal 7,221
agents or fiduciaries for payment to return the items described 7,222
in this division to their principals, according to the terms of 7,223
an agency or fiduciary agreement, but such a return shall 7,224
constitute the principal as the holder of the items and shall not 7,225
interrupt the period for computing the time for which the items 7,226
have remained unclaimed. 7,227
In the case of any such funds accruing and held or owed by 7,229
a corporation under division (E) of section 1701.24 of the 7,230
Revised Code, such corporation shall comply with this chapter, 7,231
subject to the limitation contained in section 1701.34 of the 7,232
Revised Code. The period of time for which such funds have gone 7,233
unclaimed specified in section 1701.34 of the Revised Code shall 7,234
be computed, with respect to dividends or distributions, 7,235
commencing as of the dates when such dividends or distributions 7,236
would have been payable to the shareholder had such shareholder 7,237
surrendered the certificates for cancellation and exchange by the 7,238
date specified in the order relating to them. 7,239
Capital credits of a cooperative which after January 1, 7,241
1972, have been allocated to members and which by agreement are 7,242
172
expressly required to be paid if claimed after death of the owner 7,243
are deemed payable, for the purpose of this chapter, fifteen 7,244
years after either the termination of service by the cooperative 7,245
to the owner or upon the nonactivity as provided in division (B) 7,246
of section 169.01 of the Revised Code, whichever occurs later, 7,247
provided that this provision does not apply if the payment is not 7,248
mandatory. 7,249
(F) Any sum payable on certified checks or other written 7,251
instruments certified or issued and representing funds held or 7,252
owed by a holder, less any lawful claims, that are unclaimed for 7,253
five years, except, in the case of money orders which are not 7,254
third party bank checks, that are unclaimed for seven years, and 7,255
in the case of traveler's checks, that are unclaimed for fifteen 7,256
years, from the date payable, or from the date of issuance if 7,257
payable on demand. 7,258
As used in this division, "written instruments" include, 7,260
but are not limited to, certified checks, cashier's checks, bills 7,261
of exchange, letters of credit, drafts, money orders, and 7,262
traveler's checks. 7,263
If there is no address of record for the owner or other 7,265
person entitled to the funds, such address is presumed to be the 7,266
address where the instrument was certified or issued. 7,267
(G) Except as provided in division (R) of this section, 7,270
all moneys, rights to moneys, or other intangible property, 7,271
arising out of the business of engaging in the purchase or sale 7,272
of securities, or otherwise dealing in intangibles, less any 7,273
lawful claims, that are held or owed by a holder and are 7,274
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 7,276
of the Revised Code, all moneys, rights to moneys, and other 7,277
intangible property distributable in the course of dissolution or 7,278
liquidation of a holder that are unclaimed for one year after the 7,279
date set by the holder for distribution; 7,280
(I) All moneys, rights to moneys, or other intangible 7,282
173
property removed from a safe-deposit box or other safekeeping 7,283
repository located in this state or removed from a safe-deposit 7,284
box or other safekeeping repository of a holder, on which the 7,285
lease or rental period has expired, or any amount arising from 7,286
the sale of such property, less any lawful claims, that are 7,287
unclaimed for five THREE years from the date on which the lease 7,288
or rental period expired; 7,290
(J) Subject to division (M)(2) of this section, all 7,292
moneys, rights to moneys, or other intangible property, and any 7,293
income or increment on them, held or owed by a holder which is a 7,294
fiduciary for the benefit of another, or a fiduciary or custodian 7,295
of a qualified retirement plan or individual retirement 7,296
arrangement under section 401 or 408 of the Internal Revenue 7,297
Code, unclaimed for five THREE years after the final date for 7,298
distribution; 7,299
(K) All moneys, rights to moneys, or other intangible 7,301
property held or owed in this state or held for or owed to an 7,302
owner whose last known address is within this state, by the 7,303
United States government or any state, as those terms are 7,304
described in division (E) of section 169.01 of the Revised Code, 7,305
unclaimed by the owner for five THREE years, excluding any 7,306
property in the control of any court in a proceeding in which a 7,308
final adjudication has not been made; 7,309
(L) Amounts payable pursuant to the terms of any policy of 7,311
insurance, other than life insurance, or any refund available 7,312
under such a policy, held or owed by any holder, unclaimed for 7,313
five THREE years from the date payable or distributable; 7,314
(M)(1) Subject to division (M)(2) of this section, any 7,316
funds constituting rents or lease payments due, any deposit made 7,317
to secure payment of rents or leases, or any sum paid in advance 7,318
for rents, leases, possible damage to property, unused services, 7,319
performance requirements, or any other purpose, held or owed by a 7,320
holder unclaimed for five years ONE YEAR; 7,321
(2) Any escrow funds, security deposits, or other moneys 7,323
174
that are received by a licensed broker in a fiduciary capacity 7,324
and that, pursuant to division (A)(26) of section 4735.18 of the 7,325
Revised Code, are required to be deposited into and maintained in 7,326
a special or trust, noninterest-bearing bank account separate and 7,327
distinct from any personal or other account of the licensed 7,328
broker, held or owed by the licensed broker unclaimed for two 7,329
years. 7,330
(N) Any sum payable as wages, salaries, or commissions, 7,332
any sum payable for services rendered, funds owed or held as 7,333
royalties, oil and mineral proceeds, funds held for or owed to 7,334
suppliers, AND moneys owed under pension and profit-sharing 7,335
plans, and all other credits, held or owed by any holder 7,336
unclaimed for one year from date payable or distributable, AND 7,337
ALL OTHER CREDITS HELD OR OWED BY ANY HOLDER UNCLAIMED FOR THREE 7,338
YEARS FROM DATE PAYABLE OR DISTRIBUTABLE; 7,339
(O) Amounts held in respect of or represented by lay-aways 7,341
sold after January 1, 1972, less any lawful claims, when such 7,342
lay-aways are unclaimed for three years after the sale of them; 7,343
(P) All moneys, rights to moneys, and other intangible 7,345
property not otherwise constituted as unclaimed funds by this 7,346
section, including any income or increment on them, less any 7,347
lawful claims, which are held or owed by any holder, other than a 7,348
holder which holds a permit issued pursuant to Chapter 3769. of 7,349
the Revised Code, and which have remained unclaimed for five 7,350
THREE years after becoming payable or distributable; 7,352
(Q) All moneys that arise out of a sale held pursuant to 7,354
section 5322.03 of the Revised Code, that are held by a holder 7,355
for delivery on demand to the appropriate person pursuant to 7,356
division (I) of that section, and that are unclaimed for two 7,357
years after the date of the sale. 7,358
(R)(1) Any funds that are subject to an agreement between 7,361
the holder and owner providing for automatic reinvestment and 7,362
that constitute dividends, distributions, or other sums held or 7,363
owed by a holder in connection with a security or intangible 7,364
175
property, or with any other routine or periodic payment related 7,365
to a certificate of deposit, unclaimed for a period of five 7,366
years; provided that if the funds are held or owed by a holder in 7,367
connection with a security or intangible property, the security 7,368
or intangible property represents AS DEFINED IN SECTION 1707.01 7,369
OF THE REVISED CODE, an ownership interest in an investment 7,370
company registered under the "Investment Company Act of 1940," 54 7,371
Stat. 789, 15 U.S.C. 80a-1, as amended, OR A CERTIFICATE OF 7,372
DEPOSIT, UNCLAIMED FOR A PERIOD OF FIVE YEARS. 7,373
(2) The five-year period under division (R)(1) of this 7,375
section commences from the date a second shareholder notification 7,376
or communication mailing to the owner of the funds is returned to 7,377
the holder as undeliverable by the United States postal service 7,378
or other carrier. The notification or communication mailing by 7,379
the holder shall be no less frequent than quarterly. 7,380
(3) As used in division (R)(1) of this section, "security" 7,382
has the same meaning as in section 1707.01 of the Revised Code. 7,383
All moneys in a personal allowance account, as defined by 7,385
rules adopted by the department of human services, up to and 7,386
including the maximum resource limitation, of a medicaid patient 7,387
who has died after receiving care in a long-term care facility, 7,388
and for whom there is no identifiable heir or sponsor, are not 7,389
subject to this chapter. 7,390
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 7,399
when requested, EVERY person which could be the holder of 7,400
unclaimed funds, under this chapter shall report to the director 7,401
of commerce with respect to the unclaimed funds as provided in 7,402
this section. The report shall be verified. 7,403
(2) With respect to items of unclaimed funds each having a 7,405
value of ten FIFTY dollars or more, the report required under 7,406
division (A)(1) of this section shall include: 7,408
(a) The full name, if known, and last known address, if 7,410
any, of each person appearing from the records of the holder to 7,411
be the owner of unclaimed funds under this chapter; 7,412
176
(b) In the case of unclaimed funds reported by holders 7,414
providing life insurance coverage, the full name of the insured 7,415
or annuitant and beneficiary, if any, and their last known 7,416
addresses according to such holder's records; 7,417
(c) The nature and identifying number, if any, or 7,419
description of the funds and the amount appearing from the 7,420
records to be due; 7,421
(d) The date when the funds became payable, demandable, or 7,423
returnable and the date of the last transaction with the owner 7,424
with respect to the funds except with respect to each item of 7,425
unclaimed funds having a value of less than twenty-five dollars; 7,426
(e) Subject to division (I) of this section, the social 7,428
security number of the owner of the unclaimed funds, if it is 7,429
available;
(f) Other information which the director prescribes as 7,431
necessary for the administration of this chapter. 7,432
(3) With respect to items of unclaimed funds each having a 7,434
value of less than ten FIFTY dollars, the report required under 7,435
division (A)(1) of this section shall include: 7,436
(a) Each category of items of unclaimed funds as described 7,438
in section 169.02 of the Revised Code; 7,439
(b) The number of items of unclaimed funds within each 7,441
category; 7,442
(c) The aggregated value of the items of unclaimed funds 7,444
within each category. 7,445
(B) If the holder of unclaimed funds is a successor to 7,447
other organizations that previously held the funds for the owner, 7,448
or if the holder has changed its name while holding the funds, it 7,449
shall file with the report all prior known names and addresses 7,450
and date and state of incorporation or formation of each holder 7,451
of the funds. 7,452
(C) The report shall be filed before the first day of 7,454
November of each year as of the preceding thirtieth day of June, 7,455
but the report of holders providing life insurance coverage shall 7,456
177
be filed before the first day of May of each year as of the 7,457
preceding thirty-first day of December. The director may 7,458
postpone, for good cause shown, the reporting date upon written 7,459
request by any holder required to file a report. 7,460
(D) The holder of unclaimed funds under this chapter shall 7,462
send notice to each owner of each item of unclaimed funds having 7,463
a value of twenty-five FIFTY dollars or more at the last known 7,464
address of the owner as shown by the records of the holder before 7,466
filing the annual report. In case of holders providing life 7,467
insurance coverage, such notice shall also be mailed to each 7,468
beneficiary at the last known address of such beneficiary as 7,469
shown by the records of such holder, except that such notice to 7,470
beneficiaries shall not be mailed if such address is the same as 7,471
that of the insured and the surname of the beneficiary is the 7,472
same as that of the insured. The holder shall not report an item 7,473
of unclaimed funds earlier than the thirtieth day after the 7,474
mailing of notice required by this division. 7,475
Such notice shall set forth the nature and identifying 7,477
number, if any, or description of the funds and the amount 7,478
appearing on the records of the holder to be due the owner, and 7,479
shall inform the owner that the funds will, thirty days after the 7,480
mailing of such notice, be reported as unclaimed funds under this 7,481
chapter. A self-addressed, stamped envelope shall be included 7,482
with the notice, with instructions that the owner may use such 7,483
envelope to inform the holder of the owner's continued interest 7,485
in the funds and, if so informed before the date for making the 7,486
report to the director, the holder shall not report said funds to 7,487
the director. The notice shall be mailed by first class mail. 7,488
If there is no address of record for the owner or other person 7,489
entitled to the unclaimed funds, the holder is relieved of any 7,490
responsibility of sending notice, attempting to notify, or 7,491
notifying the owner. The mailing of notice pursuant to this 7,492
section shall discharge the holder from any further 7,493
responsibility to give notice. 7,494
178
(E) Verification of the report and of the mailing of 7,496
notice, where required, shall be executed by an officer of the 7,497
reporting holder. 7,498
(F)(1) The director may at reasonable times and upon 7,500
reasonable notice examine or cause to be examined, by auditors of 7,501
supervisory departments or divisions of the state, the records of 7,502
any holder to determine compliance with this chapter. The 7,504
(2) HOLDERS SHALL RETAIN RECORDS, DESIGNATED BY THE 7,506
DIRECTOR AS APPLICABLE TO UNCLAIMED FUNDS, FOR FIVE YEARS BEYOND 7,507
THE RELEVANT TIME PERIOD PROVIDED IN SECTION 169.02 OF THE 7,509
REVISED CODE, OR UNTIL COMPLETION OF AN AUDIT CONDUCTED PURSUANT 7,510
TO DIVISION (F) OF THIS SECTION, WHICHEVER OCCURS FIRST. AN 7,511
AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION SHALL 7,512
NOT REQUIRE A HOLDER TO MAKE RECORDS AVAILABLE FOR A PERIOD OF
TIME EXCEEDING THE RECORDS RETENTION PERIOD SET FORTH IN DIVISION 7,514
(F) OF THIS SECTION, EXCEPT FOR RECORDS PERTAINING TO INSTRUMENTS 7,515
EVIDENCING OWNERSHIP, OR RIGHTS TO THEM OR FUNDS PAID TOWARD THE 7,516
PURCHASE OF THEM, OR ANY DIVIDEND, CAPITAL CREDIT, PROFIT, 7,517
DISTRIBUTION, INTEREST, OR PAYMENT ON PRINCIPAL OR OTHER SUM, 7,518
HELD OR OWED BY A HOLDER, INCLUDING FUNDS DEPOSITED WITH A FISCAL 7,519
AGENT OR FIDUCIARY FOR PAYMENT OF THEM, OR PERTAINING TO DEBT OF 7,520
A PUBLICLY TRADED CORPORATION. ANY HOLDER THAT IS AUDITED 7,521
PURSUANT TO DIVISION (F) OF THIS SECTION SHALL ONLY BE REQUIRED 7,522
TO MAKE AVAILABLE THOSE RECORDS THAT ARE RELEVANT TO AN UNCLAIMED 7,523
FUNDS AUDIT OF THAT HOLDER AS PRESCRIBED BY THE DIRECTOR. 7,524
(3) THE director may enter into contracts, pursuant to 7,526
procedures prescribed by the director, with persons for the sole 7,527
purpose of examining the records of holders, determining 7,528
compliance with this chapter, and collecting, taking possession 7,529
of, and remitting to the department's division of unclaimed 7,530
funds, in a timely manner, the amounts found and defined as 7,531
unclaimed. Holders shall retain records, designated by the THE 7,533
director as applicable to unclaimed funds, for five years beyond 7,535
the relevant time period provided in section 169.02 of the 7,536
179
Revised Code, or until completion of an audit conducted pursuant 7,537
to this division, whichever occurs first SHALL NOT ENTER INTO 7,539
SUCH A CONTRACT WITH A PERSON UNLESS THE PERSON DOES ALL OF THE 7,540
FOLLOWING:
(a) AGREES TO MAINTAIN THE CONFIDENTIALITY OF THE RECORDS 7,542
EXAMINED, AS REQUIRED UNDER DIVISION (F)(4) OF THIS SECTION; 7,543
(b) OBTAINS A CORPORATE SURETY BOND ISSUED BY A BONDING 7,545
COMPANY OR INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS 7,546
STATE. THE BOND SHALL BE IN FAVOR OF THE DIRECTOR AND IN THE 7,547
PENAL SUM DETERMINED BY THE DIRECTOR;
(c) AGREES TO CONDUCT THE AUDIT IN ACCORDANCE WITH RULES 7,549
ADOPTED UNDER SECTION 169.09 OF THE REVISED CODE. 7,550
(4) Records audited pursuant to this division (F) OF THIS 7,553
SECTION are confidential, and shall not be disclosed except as 7,554
required by section 169.06 of the Revised Code or; as the 7,555
director considers necessary in the proper administration of this 7,556
chapter; AS PART OF A JOINT EXAMINATION CONDUCTED WITH OR 7,557
PURSUANT TO AN AGREEMENT WITH ANOTHER STATE, THE UNITED STATES 7,558
GOVERNMENT, OR ANY GOVERNMENTAL SUBDIVISION, AGENCY, OR 7,559
INSTRUMENTALITY OF ANOTHER STATE OR THE UNITED STATES; AS 7,560
REQUIRED PURSUANT TO A SUBPOENA OR COURT ORDER; OR AS DISCLOSED 7,561
TO THE UNCLAIMED OR ABANDONED PROPERTY ADMINISTRATOR OF ANOTHER 7,563
STATE FOR USE BY THAT STATE IN ADMINISTERING THE STATE'S
ABANDONED OR UNCLAIMED PROPERTY LAWS, IF THE OTHER STATE IS 7,565
REQUIRED TO KEEP THE RECORDS CONFIDENTIAL. 7,566
(5) ANY HOLDER OF UNCLAIMED FUNDS MAY APPEAL THE FINDINGS 7,568
OF AN AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION TO 7,569
THE DIRECTOR. PURSUANT TO THE AUTHORITY GRANTED BY SECTION 7,570
169.09 OF THE REVISED CODE, THE DIRECTOR SHALL ADOPT RULES 7,571
ESTABLISHING PROCEDURES FOR CONSIDERING SUCH AN APPEAL. 7,572
(G) All holders shall make sufficient investigation of 7,574
their records to ensure that the funds reported to the director 7,576
are unclaimed as set forth in division (B) of section 169.01 and 7,577
section 169.02 of the Revised Code. 7,578
180
(H) The expiration of any period of limitations on or 7,580
after March 1, 1968, within which a person entitled to any 7,581
moneys, rights to moneys, or intangible property could have 7,582
commenced an action or proceeding to obtain the same shall not 7,583
prevent such items from becoming unclaimed funds or relieve the 7,584
holder thereof of any duty to report and give notice as provided 7,585
in this section and deliver the same in the manner provided in 7,586
section 169.05 of the Revised Code, provided that the holder may 7,587
comply with the provisions of this section and section 169.05 of 7,588
the Revised Code with respect to any moneys, rights to moneys, or 7,589
intangible property as to which the applicable statute of 7,590
limitations has run prior to March 1, 1968, and in such event the 7,591
holder shall be entitled to the protective provisions of section 7,592
169.07 of the Revised Code. 7,593
(I) No social security number contained in a report made 7,595
pursuant to this section shall be used by the department of 7,596
commerce for any purpose other than to enable the division of 7,597
unclaimed funds to carry out the purposes of this chapter and for 7,598
child support purposes in response to a request made by the 7,601
division of child support in the department of human services
made pursuant to section 5101.327 of the Revised Code. 7,602
Sec. 169.09. The director of commerce SHALL MAKE NECESSARY 7,612
RULES THAT PRESCRIBE UNIFORM METHODS FOR CONDUCTING UNCLAIMED 7,613
FUNDS AUDITS UNDER SECTION 169.03 OF THE REVISED CODE AND FOR 7,615
DETERMINING WHEN SUCH AN AUDIT IS APPROPRIATE, AND may make 7,617
necessary rules to carry out the duties ANY OTHER DUTY imposed 7,618
upon him THE DIRECTOR by Chapter 169. of the Revised Code THIS 7,619
CHAPTER.
Sec. 173.011. (A) WHEN ADMINISTERING FUNDS GRANTED UNDER 7,621
THE "OLDER AMERICANS ACT OF 1965," 79 STAT. 219, 42 U.S.C. 3001, 7,623
AS AMENDED, THE DEPARTMENT OF AGING MAY DIVIDE THE STATE INTO 7,624
SEPARATE MULTI-COUNTY REGIONS THAT SHALL BE KNOWN AS PLANNING AND
SERVICE AREAS. IF THE DEPARTMENT DIVIDES THE STATE INTO THOSE 7,625
AREAS, THEN, CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 7,626
181
(C)(1) OF THIS SECTION, IT SHALL DESIGNATE ONE PUBLIC ENTITY OR 7,627
ONE PRIVATE NONPROFIT ENTITY AS EACH AREA'S AGENCY ON AGING. 7,628
THAT AGENCY SHALL ADMINISTER PROGRAMS ON BEHALF OF THE DEPARTMENT 7,629
UNDER THE OLDER AMERICANS ACT OF 1965 WITHIN ITS PLANNING AND 7,631
SERVICE AREA.
(B) CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 7,634
(C)(2) OF THIS SECTION AND FOLLOWING AN ADJUDICATION HEARING
CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, 7,635
THE DEPARTMENT MAY ISSUE AN ADJUDICATION ORDER THAT WITHDRAWS OR 7,636
PROVISIONALLY MAINTAINS THE DESIGNATION OF AN ENTITY AS AN AGENCY 7,637
ON AGING.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER CHAPTER 119. OF 7,640
THE REVISED CODE THAT DO BOTH OF THE FOLLOWING:
(1) ESTABLISH CRITERIA TO BE USED FOR DESIGNATING AN 7,642
AGENCY ON AGING;
(2) PROVIDE PROCEDURES AND GROUNDS FOR WITHDRAWING OR 7,644
PROVISIONALLY MAINTAINING THE DESIGNATION OF AN ENTITY AS AN 7,645
AGENCY ON AGING OF A PLANNING AND SERVICE AREA. 7,646
Sec. 173.35. (A) AS USED IN THIS SECTION, "PASSPORT 7,655
ADMINISTRATIVE AGENCY" MEANS AN ENTITY UNDER CONTRACT WITH THE 7,656
DEPARTMENT OF AGING TO PROVIDE ADMINISTRATIVE SERVICES REGARDING 7,657
THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 OF THE REVISED 7,658
CODE.
(B) The department of aging shall administer the 7,661
residential state supplement program under which the state
supplements the supplemental security income payments received by 7,662
aged, blind, or disabled adults under Title XVI of the "Social 7,663
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 7,664
Residential state supplement payments shall be used for the 7,665
provision of accommodations, supervision, and personal care 7,666
services to supplemental security income recipients who the 7,667
department determines are at risk of needing institutional care. 7,668
(B)(C) To be eligible for residential state supplement 7,670
payments, an individual must reside in one of the following: 7,672
182
(1) An adult foster home certified under section 173.36 of 7,674
the Revised Code; 7,675
(2) A home or facility, other than a nursing home or 7,677
nursing home unit of a home for the aging, licensed by the 7,678
department of health under Chapter 3721. or 3722. of the Revised 7,680
Code;
(3) A community alternative home licensed under section 7,682
3724.03 of the Revised Code; 7,683
(4) A residential facility as defined in division 7,685
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 7,686
the department of mental health; 7,687
(5) An apartment or room used to provide community mental 7,689
health housing services certified by the department of mental 7,690
health under division (M) of section 5119.61 of the Revised Code 7,691
and approved by a board of alcohol, drug addiction, and mental 7,692
health services under division (A)(13) of section 340.03 of the 7,693
Revised Code. 7,694
(C)(D) TO BE ELIGIBLE FOR RESIDENTIAL STATE SUPPLEMENT 7,696
PAYMENTS, AN INDIVIDUAL APPLYING FOR THE PAYMENTS MUST RECEIVE 7,698
CERTIFICATION THAT THE ENVIRONMENT IN WHICH THE INDIVIDUAL WILL 7,699
BE LIVING WHILE RECEIVING THE SUPPLEMENT IS APPROPRIATE FOR THE 7,700
INDIVIDUAL'S NEEDS. TO RECEIVE THE CERTIFICATION, THE INDIVIDUAL 7,701
SHALL UNDERGO A SCREENING CONDUCTED BY A PASSPORT ADMINISTRATIVE 7,702
AGENCY TO DETERMINE WHETHER THE INDIVIDUAL HAS A SEVERE MENTAL 7,703
ILLNESS. IF THE AGENCY DETERMINES THE INDIVIDUAL DOES NOT HAVE A 7,704
SEVERE MENTAL ILLNESS, THE AGENCY SHALL PROVIDE THE INDIVIDUAL 7,705
THE CERTIFICATION. IF THE AGENCY DETERMINES THAT THE INDIVIDUAL 7,706
MAY HAVE A SEVERE MENTAL ILLNESS, THE AGENCY SHALL REFER THE 7,707
INDIVIDUAL TO A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 7,708
HEALTH SERVICES FOR SERVICES UNDER DIVISION (A)(14) OF SECTION 7,709
340.03 OF THE REVISED CODE, INCLUDING, IF THE INDIVIDUAL'S LIVING 7,711
ENVIRONMENT IS DETERMINED TO BE APPROPRIATE, CERTIFICATION OF
THAT DETERMINATION. 7,712
(E) The departments of aging and human services shall 7,715
183
adopt rules in accordance with section 111.15 of the Revised Code 7,717
as necessary to implement the residential state supplement 7,719
program.
To the extent permitted by Title XVI of the "Social 7,722
Security Act," and any other provision of federal law, the 7,723
department of human services shall adopt rules establishing 7,724
standards for adjusting the eligibility requirements concerning 7,725
the level of impairment a person must have so that the amount 7,726
appropriated for the program by the general assembly is adequate 7,727
for the number of eligible individuals. The rules shall not 7,728
limit the eligibility of disabled persons solely on a basis 7,729
classifying disabilities as physical or mental. The department 7,730
of human services also shall adopt rules that establish 7,731
eligibility standards for aged, blind, or disabled individuals 7,732
who reside in one of the homes or facilities specified in 7,733
division (B)(C) of this section but who, because of their income, 7,735
do not receive supplemental security income payments. 7,736
Notwithstanding division (A)(C) of this section, such payments 7,737
may be made if funds are available for them. 7,738
The department of aging shall adopt rules establishing the 7,740
method to be used to determine the amount an eligible individual 7,741
will receive under the program. The amount the general assembly 7,742
appropriates for the program shall be a factor included in the 7,744
method that department establishes.
(D)(F) The county department of human services of the 7,746
county in which an applicant for the residential state supplement 7,749
program resides shall determine whether the applicant meets 7,750
income and resource requirements for the program.
(E)(G) The department of aging shall maintain a waiting 7,752
list of any individuals eligible for payments under this section 7,754
but not receiving them because moneys appropriated to the 7,755
department for the purposes of this section are insufficient to 7,756
make payments to all eligible individuals. That department, by 7,757
rules adopted in accordance with Chapter 119. of the Revised 7,758
184
Code, shall specify procedures and requirements for placing an 7,759
individual on the waiting list. INDIVIDUALS RESIDING IN A 7,760
NONRESIDENTIAL, NONINSTITUTIONAL, COMMUNITY SETTING SHALL HAVE 7,761
PRIORITY OVER OTHER INDIVIDUALS ON THE WAITING LIST. 7,762
(F)(H) An individual in a licensed or certified living 7,764
arrangement receiving state supplementation on November 15, 1990, 7,765
under former section 5101.531 of the Revised Code shall not 7,766
become ineligible for payments under this section solely by 7,767
reason of his THE INDIVIDUAL'S living arrangement as long as he 7,769
THE INDIVIDUAL remains in the living arrangement in which he THE 7,770
INDIVIDUAL resided on November 15, 1990.
(G)(I) The department of aging shall notify each person 7,772
denied approval for payments under this section of his THE 7,773
PERSON'S right to a hearing. On request, the hearing shall be 7,774
provided by the department of human services in accordance with 7,775
section 5101.35 of the Revised Code. 7,776
Sec. 307.851. (A) Notwithstanding anything to the 7,785
contrary in the Revised Code, a board of county commissioners of 7,786
a county that has enacted a tax levy under section 5705.191 of 7,787
the Revised Code may, in addition to exercising the other powers 7,789
granted to a board of county commissioners, MAY enter into a 7,790
contract with any corporation or association, whether the 7,792
corporation or association is for profit or nonprofit, for that 7,793
corporation or association to provide the services described in 7,794
this section and for the county to pay for those contracted 7,795
services with the proceeds of that tax levy, provided that IF THE 7,796
proceeds from the THAT tax levy are used only for the purpose or 7,798
purposes for which the tax was levied. Services for which a
contract may be entered into under this section are alcohol, drug 7,800
addiction, and mental health services; services for the mentally 7,802
retarded or developmentally disabled; and public ANY OR ALL 7,803
health AND HUMAN services OR SOCIAL SERVICES PROVIDED TO THE 7,804
RESIDENTS OF THE COUNTY.
(B) Before entering into a contract as provided in 7,806
185
division (A) of this section, the board of county commissioners 7,807
shall first SHALL notify, in writing, the alcohol, drug 7,809
addiction, and mental health services board; the board of mental 7,811
retardation and developmental disabilities; or the board of the 7,812
health district or combined general health district of that 7,814
county PARTICULAR COUNTY AGENCY, BOARD, DEPARTMENT, OR OTHER
ENTITY THAT IS REQUIRED TO PROVIDE, OVERSEE, OR ACQUIRE RELATED 7,815
MANDATED OR ESSENTIAL SERVICES, as appropriate for the service 7,816
SERVICES to be provided under the contract, of the board's BOARD 7,819
OF COUNTY COMMISSIONER'S intention to enter into a contract with 7,820
a corporation or association to provide a particular service THE 7,822
HEALTH AND HUMAN SERVICES OR SOCIAL SERVICES TO THE RESIDENTS OF 7,823
THE COUNTY. The notice shall delineate IDENTIFY the particular 7,825
service SERVICES to be SO provided, identify the corporation or 7,826
association with which the board proposes to contract, and 7,827
INDICATE the amount proposed to be paid to the corporation or 7,830
association for performing those services. The notified AGENCY, 7,831
board, DEPARTMENT, OR OTHER ENTITY has thirty days in which to 7,832
inform the board of county commissioners of its intention to 7,834
provide that service THE SERVICES itself or authorize the board 7,836
of county commissioners to contract with the proposed corporation 7,837
or association to provide the service SERVICES. If the board of 7,838
county commissioners receives no response from a notified AGENCY, 7,839
board, DEPARTMENT, OR OTHER ENTITY within the thirty-day period, 7,840
the notified AGENCY, board, DEPARTMENT, OR OTHER ENTITY shall be 7,843
deemed to have authorized the proposed contract. Once the 7,845
contract is authorized by each notified AGENCY, board,
DEPARTMENT, OR OTHER ENTITY, the board of county commissioners 7,847
may enter into a contract with the corporation or association, as 7,848
proposed.
(C) In addition to any other terms that the board OF 7,850
COUNTY COMMISSIONERS finds appropriate, any agreement entered 7,852
into under division (A) of this section shall provide all the 7,853
following:
186
(1) That the corporation or association shall keep current 7,855
and accurate accounts of its use of the moneys it receives from 7,856
the county;
(2) That the corporation or association shall, at least 7,859
annually, SHALL have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 7,861
Revised Code, of any services or programs it has performed with 7,862
county moneys. A copy of the fiscal audit report shall be 7,864
provided to the board of county commissioners, the county
auditor, and the auditor of state. 7,865
(3) That the corporation or association is liable to repay 7,867
to the county any county moneys it receives that are improperly 7,868
used;
(4) That the corporation or association shall repay to the 7,870
board OF COUNTY COMMISSIONERS all county moneys remaining unused 7,872
at the end of the fiscal year or other accounting period for 7,873
which the board paid the moneys, except that, when the recipient 7,875
is to receive county moneys in the next succeeding fiscal year or
other accounting period following the fiscal year or other 7,876
accounting period for which the board paid the moneys, the 7,877
recipient need not repay the county moneys remaining unused; 7,878
(5) That the corporation or association shall provide the 7,880
board of county commissioners annually a summary of the program 7,881
or service activities it has performed with county moneys. 7,883
Sec. 307.86. Anything to be purchased, leased, leased with 7,892
an option or agreement to purchase, or constructed, including, 7,893
but not limited to, any product, structure, construction, 7,894
reconstruction, improvement, maintenance, repair, or service, 7,895
except the services of an accountant, architect, attorney at law, 7,896
physician, professional engineer, construction project manager, 7,897
consultant, surveyor, or appraiser, by or on behalf of the county 7,898
or contracting authority, as defined in section 307.92 of the 7,899
Revised Code, at a cost in excess of fifteen thousand dollars, 7,900
except as otherwise provided in division (D) of section 713.23 7,901
187
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 7,902
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 7,903
5713.01, and 6137.05 of the Revised Code, shall be obtained 7,904
through competitive bidding. However, competitive bidding is not 7,905
required when ANY OF THE FOLLOWING APPLIES: 7,906
(A) The board of county commissioners, by a unanimous vote 7,908
of its members, makes a determination that a real and present 7,909
emergency exists, and such THAT determination and the reasons 7,911
therefor FOR IT are entered in the minutes of the proceedings of 7,912
the board, when EITHER OF THE FOLLOWING APPLIES: 7,913
(1) The estimated cost is less than fifty thousand 7,916
dollars; or.
(2) There is actual physical disaster to structures, radio 7,918
communications equipment, or computers. 7,919
Whenever a contract of purchase, lease, or construction is 7,921
exempted from competitive bidding under division (A)(1) of this 7,922
section because the estimated cost is less than fifty thousand 7,923
dollars, but the estimated cost is fifteen thousand dollars or 7,924
more, the county or contracting authority shall solicit informal 7,925
estimates from no fewer than three persons who could perform the 7,926
contract, before awarding the contract. With regard to each such 7,927
contract, the county or contracting authority shall maintain a 7,928
record of such estimates, including the name of each person from 7,929
whom an estimate is solicited, for no less than one year after 7,930
the contract is awarded. 7,931
(B) The purchase consists of supplies or a replacement or 7,933
supplemental part or parts for a product or equipment owned or 7,934
leased by the county, and the only source of supply for such THE 7,936
supplies, part, or parts is limited to a single supplier.
(C) The purchase is from the federal government, THE 7,938
state, another county or contracting authority thereof, OF 7,939
ANOTHER COUNTY, OR a board of education, township, or municipal 7,940
corporation.
(D) Public social services are purchased for provision by 7,942
188
the county department of human services under section 329.04 of 7,943
the Revised Code or program services, such as direct and 7,944
ancillary client services, child day-care, case management 7,945
services, residential services, and family resource services, are 7,946
purchased for provision by a county board of mental retardation 7,947
and developmental disabilities under section 5126.05 of the 7,948
Revised Code. 7,949
(E) The purchase consists of human and social services by 7,951
the board of county commissioners from nonprofit corporations or 7,952
associations under programs which are funded entirely by the 7,953
federal government. 7,954
(F) The purchase consists of any form of an insurance 7,956
policy or contract authorized to be issued under Title XXXIX of 7,957
the Revised Code or any form of health care plan authorized to be 7,959
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 7,961
contracting authority is authorized to purchase, and the 7,962
contracting authority does all of the following: 7,963
(1) Determines that compliance with the requirements of 7,965
this section would increase, rather than decrease, the cost of 7,966
such purchase; 7,967
(2) Employs a competent consultant to assist the 7,969
contracting authority in procuring appropriate coverages at the 7,970
best and lowest prices; 7,971
(3) Requests issuers of such policies, contracts, or plans 7,973
to submit proposals to the contracting authority, in a form 7,974
prescribed by the contracting authority, setting forth the 7,975
coverage and cost of such policies, contracts, or plans as the 7,976
contracting authority desires to purchase; 7,977
(4) Negotiates with such issuers for the purpose of 7,979
purchasing such policies, contracts, or plans at the best and 7,980
lowest price reasonably possible. 7,981
(G) The purchase consists of computer hardware, software, 7,983
or consulting services that are necessary to implement a 7,984
189
computerized case management automation project administered by 7,985
the Ohio prosecuting attorneys association and funded by a grant 7,986
from the federal government. 7,987
(H) Child day-care services are purchased for provision to 7,989
county employees. 7,990
(I)(1) Property, including land, buildings, and other real 7,992
property, is leased for offices, storage, parking, or other 7,993
purposes and all of the following apply: 7,994
(a) The contracting authority is authorized by the Revised 7,996
Code to lease the property; 7,997
(b) The contracting authority develops requests for 7,999
proposals for leasing the property, specifying the criteria that 8,000
will be considered prior to leasing the property, including the 8,001
desired size and geographic location of the property; 8,002
(c) The contracting authority receives responses from 8,004
prospective lessors with property meeting the criteria specified 8,005
in the requests for proposals by giving notice in a manner 8,006
substantially similar to the procedures established for giving 8,007
notice under section 307.87 of the Revised Code; 8,008
(d) The contracting authority negotiates with the 8,010
prospective lessors to obtain a lease at the best and lowest 8,011
price reasonably possible considering the fair market value of 8,012
the property and any relocation and operational costs that may be 8,013
incurred during the period the lease is in effect. 8,015
(2) The contracting authority may use the services of a 8,017
real estate appraiser to obtain advice, consultations, or other 8,018
recommendations regarding the lease of property under this 8,019
division. 8,020
(J) The purchase is made pursuant to section 5139.34 or 8,022
sections 5139.41 to 5139.46 of the Revised Code and is of 8,023
programs or services that provide case management, treatment, or 8,024
prevention services to any felony or misdemeanant delinquent, 8,025
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, such services as 8,026
190
community residential care, day treatment, services to children 8,028
in their home, or electronic monitoring. 8,029
(K) THE PURCHASE IS MADE BY A PUBLIC CHILDREN SERVICES 8,031
AGENCY PURSUANT TO SECTION 307.92 OR 5153.16 OF THE REVISED CODE 8,032
AND CONSISTS OF SOCIAL SERVICES, PROGRAMS, OR ANCILLARY SERVICES 8,033
THAT PROVIDE CASE MANAGEMENT, PREVENTION, OR TREATMENT SERVICES 8,035
FOR CHILDREN AT RISK OF BEING OR ALLEGED TO BE ABUSED, NEGLECTED, 8,036
OR DEPENDENT CHILDREN.
Any issuer of policies, contracts, or plans listed in 8,038
division (F) of this section and any prospective lessor under 8,039
division (I) of this section may have the issuer's or prospective 8,040
contractor's name and address, or the name and address of an 8,041
agent, placed on a special notification list to be kept by the 8,043
contracting authority, by sending the contracting authority such 8,044
name and address. The contracting authority shall send notice to 8,045
all persons listed on the special notification list. Notices 8,046
shall state the deadline and place for submitting proposals. The 8,047
contracting authority shall mail the notices at least six weeks 8,048
prior to the deadline set by the contracting authority for 8,049
submitting such proposals. Every five years the contracting 8,050
authority may review this list and remove any person from the 8,051
list after mailing the person notification of such action. 8,052
Any contracting authority that negotiates a contract under 8,054
division (F) of this section shall request proposals and 8,055
renegotiate with issuers in accordance with that division at 8,056
least every three years from the date of the signing of such a 8,057
contract. 8,058
Any consultant employed pursuant to division (F) of this 8,060
section and any real estate appraiser employed pursuant to 8,061
division (I) of this section shall disclose any fees or 8,062
compensation received from any source in connection with that 8,063
employment.
Sec. 307.98. Each board of county commissioners shall 8,073
enter into a written partnership agreement with the director of 8,074
191
human services in accordance with section 5101.21 of the Revised
Code. Prior to entering into or substantially amending the 8,076
agreement, the board shall conduct a public hearing and consult 8,078
with the county human services planning committee established 8,079
under section 329.06 of the Revised Code. Through the hearing
and consultation, the board shall obtain comments and 8,080
recommendations concerning what would be the county's obligations 8,082
and responsibilities under the agreement or amendment. AS 8,083
EVIDENCE THAT THE BOARD CONSULTED WITH THE COUNTY HUMAN SERVICES
PLANNING COMMITTEE, THE COMMITTEE'S CHAIR SHALL SIGN A LETTER 8,084
CONFIRMING THAT THE CONSULTATION OCCURRED, WHICH SHALL BE 8,085
ATTACHED TO THE PARTNERSHIP AGREEMENT AND ANY SUBSTANTIAL 8,086
AMENDMENTS TO THE AGREEMENT.
Sec. 311.01. (A) A sheriff shall be elected quadrennially 8,095
in each county. A sheriff shall hold office for a term of four 8,096
years, beginning on the first Monday of January next after the 8,097
sheriff's election. 8,098
(B) On and after January 1, 1988, except EXCEPT as 8,100
otherwise provided in this section, no person is eligible to be a 8,101
candidate for sheriff, and no person shall be elected or 8,102
appointed to the office of sheriff, unless that person meets all 8,103
of the following requirements: 8,104
(1) The person is a citizen of the United States;. 8,106
(2) The person has been a resident of the county in which 8,108
the person is a candidate for or is appointed to the office of 8,110
sheriff for at least one year immediately prior to the 8,111
qualification date;.
(3) The person has the qualifications of an elector as 8,113
specified in section 3503.01 of the Revised Code and has complied 8,115
with all applicable election laws;. 8,116
(4) The person has been awarded a high school diploma or a 8,118
certificate of high school equivalence issued for achievement of 8,120
specified minimum scores on the general educational development 8,121
test of the American council on education;. 8,122
192
(5) The person has not been convicted of or pleaded guilty 8,124
to a felony or any offense involving moral turpitude under the 8,125
laws of this or any other state or the United States, and has not 8,126
been convicted of or pleaded guilty to an offense that is a 8,127
misdemeanor of the first degree under the laws of this state or 8,128
an offense under the laws of any other state or the United States 8,129
that carries a penalty that is substantially equivalent to the 8,130
penalty for a misdemeanor of the first degree under the laws of 8,131
this state;. 8,132
(6) The person has been fingerprinted and has been the 8,134
subject of a search of local, state, and national fingerprint 8,136
files to disclose any criminal record. Such fingerprints shall 8,137
be taken under the direction of the administrative judge of the 8,138
court of common pleas who, prior to the applicable qualification 8,139
date, shall notify the board of elections, board of county 8,140
commissioners, or county central committee of the proper 8,141
political party, as applicable, of the judge's findings. 8,142
(7) The person has prepared a complete history of the 8,145
person's places of residence for a period of six years 8,146
immediately preceding the qualification date and a complete 8,147
history of the person's places of employment for a period of six 8,148
years immediately preceding the qualification date, indicating 8,149
the name and address of each employer and the period of time 8,150
employed by that employer. The residence and employment 8,151
histories shall be filed with the administrative judge of the 8,152
court of common pleas of the county, who shall forward them with 8,153
the findings under division (B)(6) of this section to the 8,154
appropriate board of elections, board of county commissioners, or 8,155
county central committee of the proper political party prior to 8,156
the applicable qualification date.
(8) The person meets at least one of the following 8,158
conditions:
(a) Has obtained or held, within the four-year period 8,160
ending immediately prior to the qualification date, a valid basic 8,161
193
peace officer certificate of training issued by the Ohio peace 8,162
officer training council COMMISSION or has been issued a 8,163
certificate of training pursuant to section 5503.05 of the 8,164
Revised Code, and, within the four-year period ending immediately 8,166
prior to the qualification date, has been employed as an 8,167
appointee pursuant to section 5503.01 of the Revised Code or as a 8,168
full-time peace officer as defined in section 109.71 of the 8,169
Revised Code performing duties related to the enforcement of
statutes, ordinances, or codes; 8,170
(b) Has obtained or held, within the three-year period 8,172
ending immediately prior to the qualification date, a valid basic 8,173
peace officer certificate of training issued by the Ohio peace 8,174
officer training council COMMISSION and has been employed for at 8,175
least the last five THREE years prior to the qualification date 8,176
as a full-time law enforcement officer, as defined in division 8,178
(K)(A)(11) of section 2901.01 of the Revised Code, performing 8,180
duties related to the enforcement of statutes, ordinances, or
codes. 8,181
(9) The person meets at least one of the following 8,183
conditions:
(a) Has at least two years of supervisory experience as a 8,186
peace officer at the rank of corporal or above, or has been 8,188
appointed pursuant to section 5503.01 of the Revised Code and
served at the rank of sergeant or above, in the five-year period 8,189
ending immediately prior to the qualification date; 8,190
(b) Has completed satisfactorily at least two years of 8,193
post-secondary education or the equivalent in semester or quarter 8,194
hours in a college or university authorized to confer degrees by 8,195
the Ohio board of regents or the comparable agency of another 8,196
state in which the college or university is located. 8,197
(C) Persons who meet the requirements of division (B) of 8,199
this section, except the requirement of division (B)(2) of this 8,200
section, may take all actions otherwise necessary to comply with 8,202
division (B) of this section. If, on the applicable 8,203
194
qualification date, no person has met all the requirements of 8,204
division (B) of this section, then persons who have complied with 8,205
and meet the requirements of division (B) of this section, except 8,206
the requirement of division (B)(2) of this section, shall be 8,207
considered qualified candidates under division (B) of this 8,208
section.
(D) Newly elected sheriffs shall attend a basic training 8,211
course conducted by the Ohio peace officer training council 8,212
COMMISSION pursuant to division (A) of section 109.80 of the 8,213
Revised Code. A newly elected sheriff shall complete not less 8,214
than two weeks of this course before the first Monday in January 8,215
next after the sheriff's election. While attending the basic 8,216
training course, a newly elected sheriff may, with the approval 8,217
of the board of county commissioners, receive compensation, paid 8,218
for from funds established by the sheriff's county for this
purpose, in the same manner and amounts as if carrying out the 8,219
powers and duties of the office of sheriff. 8,220
Appointed sheriffs shall attend the first basic training 8,223
course conducted by the Ohio peace officer training commission 8,224
pursuant to division (A) of section 109.80 of the Revised Code 8,225
within six months following the date of appointment or election 8,226
to the office of sheriff. commission commission While attending 8,228
the basic training course, appointed sheriffs shall receive
regular compensation in the same manner and amounts as if 8,229
carrying out their regular powers and duties. 8,230
Five days of instruction at the basic training course shall 8,232
be considered equal to one week of work. The costs of conducting 8,233
the basic training course and the costs of meals, lodging, and 8,234
travel of appointed and newly elected sheriffs attending the 8,235
course shall be paid from state funds appropriated to the 8,236
commission for this purpose.
(E) Beginning in the second calendar year of the term of 8,238
appointed and newly elected sheriffs appointed or elected on or 8,239
after January 1, 1988, and beginning in calendar year 1988 for 8,240
195
other sheriffs, and in IN each calendar year thereafter, each 8,242
sheriff shall attend and successfully complete at least sixteen 8,243
hours of continuing education approved under division (B) of 8,244
section 109.80 of the Revised Code. A sheriff who receives a 8,245
waiver of the continuing education requirement from the 8,246
commission under division (C) of section 109.80 of the Revised 8,247
Code because of medical disability or for other good cause shall 8,248
complete the requirement at the earliest time after the 8,249
disability or cause terminates. 8,250
(F)(1) Each person who is a candidate for election to or 8,252
who is under consideration for appointment to the office of 8,253
sheriff shall swear before the administrative judge of the court 8,254
of common pleas as to the truth of any information the person 8,255
provides to verify the person's qualifications for the office. A 8,257
person who violates this requirement is guilty of falsification 8,258
under section 2921.13 of the Revised Code.
(2) Each board of elections shall certify whether or not a 8,260
candidate for the office of sheriff who has filed a declaration 8,261
of candidacy, a statement of candidacy, or a declaration of 8,262
intent to be a write-in candidate meets the qualifications 8,263
specified in divisions (B) and (C) of this section. 8,264
(G) The office of a sheriff who is required to comply with 8,266
division (D) or (E) of this section and who fails to successfully 8,267
complete the courses pursuant to those divisions is hereby deemed 8,268
to be vacant. 8,269
(H) As used in this section: 8,271
(1) "Qualification date" means the last day on which a 8,273
candidate for the office of sheriff can file a declaration of 8,274
candidacy, a statement of candidacy, or a declaration of intent 8,275
to be a write-in candidate, as applicable, in the case of a 8,276
primary election for the office of sheriff; the last day on which 8,277
a person may be appointed to fill a vacancy in a party nomination 8,278
for the office of sheriff under Chapter 3513. of the Revised 8,279
Code, in the case of a vacancy in the office of sheriff; or a 8,280
196
date thirty days after the day on which a vacancy in the office 8,281
of sheriff occurs, in the case of an appointment to such a 8,282
vacancy under section 305.02 of the Revised Code. 8,283
(2) "Newly elected sheriff" means a person who did not 8,285
hold the office of sheriff of a county on the date the person was 8,286
elected sheriff of that county. 8,287
Sec. 329.023. EACH COUNTY DEPARTMENT OF HUMAN SERVICES 8,289
SHALL HAVE HOURS OF OPERATION OUTSIDE THE COUNTY DEPARTMENT'S 8,290
NORMAL HOURS OF OPERATION DURING WHICH THE COUNTY DEPARTMENT WILL 8,291
ACCEPT FROM EMPLOYED INDIVIDUALS APPLICATIONS FOR THE PROGRAMS 8,292
ADMINISTERED BY THE COUNTY DEPARTMENT AND ASSIST EMPLOYED PROGRAM 8,294
RECIPIENTS AND PARTICIPANTS WITH MATTERS RELATED TO THE PROGRAMS.
Sec. 329.04. (A) The county department of human services 8,303
shall have, exercise, and perform the following powers and 8,304
duties:
(1) Perform any duties assigned by the department of human 8,307
services regarding the provision of public social services, 8,308
including the provision of the following services to prevent or 8,309
reduce economic or personal dependency and to strengthen family 8,310
life:
(a) Services authorized by Title IV-A of the "Social 8,312
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 8,314
and known in this state as the Ohio works first program 8,315
established by Chapter 5107. of the Revised Code and the 8,316
prevention, retention, and contingency program established under 8,317
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 8,320
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 8,322
support enforcement agency, services authorized by Title IV-D of 8,323
the "Social Security Act" and provided for by sections 2301.34 to 8,324
2301.44 of the Revised Code. The county department may perform 8,326
the services itself or contract with other government entities, 8,327
197
and, pursuant to division (C) of section 2301.35 and section 8,328
2301.42 of the Revised Code, private entities, to perform the 8,329
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 8,331
of the Revised Code as required by the state department of human 8,332
services;
(3) Administer burials insofar as the administration of 8,334
burials was, prior to September 12, 1947, imposed upon the board 8,335
of county commissioners and if otherwise required by state law; 8,336
(4) Cooperate with state and federal authorities in any 8,338
matter relating to human services and to act as the agent of such 8,339
authorities;
(5) Submit an annual account of its work and expenses to 8,342
the board of county commissioners and to the department of human 8,343
services at the close of each fiscal year;
(6) Exercise any powers and duties relating to human 8,346
services imposed upon the county department of human services by 8,347
law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet 8,348
emergencies during war or peace; 8,349
(7) Determine the eligibility for medical assistance of 8,351
recipients of aid under Title XVI of the "Social Security Act"; 8,352
(8) IF ASSIGNED BY THE DIRECTOR OF HUMAN SERVICES UNDER 8,354
SECTION 5101.515 OF THE REVISED CODE, DETERMINE APPLICANTS' 8,355
ELIGIBILITY FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S HEALTH 8,356
INSURANCE PROGRAM PART II;
(9) Enter into a plan of cooperation with the board of 8,358
county commissioners under section 307.983, consult with the 8,360
board in the development of the transportation work plan
developed under section 307.984, establish with the board 8,361
procedures under section 307.985 for providing services to 8,362
children whose families relocate frequently, and comply with the 8,363
partnership agreement the board enters into under section 307.98
and contracts the board enters into under sections 307.981 and 8,364
198
307.982 of the Revised Code that affect the county department. 8,365
(B) The powers and duties of a county department of human 8,367
services are, and shall be exercised and performed, under the 8,368
control and direction of the board of county commissioners. The 8,369
board may assign to the county department any power or duty of 8,370
the board regarding human services. If the new power or duty
necessitates the state department of human services changing its 8,371
federal cost allocation plan, the county department may not 8,372
implement the power or duty unless the United States department 8,373
of health and human services approves the changes. 8,374
Sec. 329.041. IN EACH COUNTY IN WHICH THERE IS A COUNTY 8,376
TRANSIT BOARD ESTABLISHED BY SECTION 306.01 OF THE REVISED CODE, 8,377
A COUNTY TRANSIT SYSTEM OPERATED UNDER THAT SECTION, OR A 8,379
REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 306.32 OF THE 8,380
REVISED CODE, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL MEET 8,381
NOT LESS THAN ONCE EACH CALENDAR QUARTER WITH TRANSIT 8,382
REPRESENTATIVES OF THE BOARD, SYSTEM, OR AUTHORITY. THE 8,383
DEPARTMENT AND TRANSIT REPRESENTATIVES SHALL DISCUSS THE 8,384
TRANSPORTATION NEEDS OF THE COUNTY'S OHIO WORKS FIRST 8,385
PARTICIPANTS, REVIEW EXISTING EFFORTS AND DEVELOP NEW OPTIONS TO 8,386
MEET THOSE NEEDS, AND MEASURE THE ACCOMPLISHMENTS OF THOSE 8,387
EFFORTS.
Sec. 329.06. (A) Except as provided in division (C) of 8,397
this section, the board of county commissioners shall establish a 8,398
county human services planning committee. The board shall 8,399
appoint a member to represent the county department of human 8,400
services; an employee in the classified civil service of the 8,401
county department of human services, if there are any such
employees; and a member to represent the public. The board shall 8,402
appoint other individuals to the committee in such a manner that 8,403
the committee's membership is broadly representative of the 8,404
groups of individuals and the public and private entities that 8,405
have an interest in the social services provided in the county. 8,406
The board shall make appointments in a manner that reflects the 8,407
199
ethnic and racial composition of the county. The following 8,408
groups and entities may be represented on the committee: 8,409
(1) Consumers of social services; 8,411
(2) The public children services agency; 8,413
(3) The child support enforcement agency; 8,415
(4) The county family and children first council; 8,417
(5) Public and private colleges and universities; 8,419
(6) Public entities that provide social services, 8,421
including boards of health, boards of education, the county board 8,423
of mental retardation and developmental disabilities, and the 8,424
board of alcohol, drug addiction, and mental health services that 8,425
serves the county;
(7) Private nonprofit and for-profit entities that provide 8,428
social services in the county or that advocate for consumers of 8,429
social services in the county, including entities that provide
services to or advocate for victims of domestic violence; 8,430
(8) Labor organizations; 8,432
(9) Any other group or entity that has an interest in the 8,434
social services provided in the county, including groups or 8,435
entities that represent any of the county's business, urban, and 8,436
rural sectors. 8,437
(B) The county human services planning committee shall do 8,440
all of the following: 8,441
(1) Serve as an advisory body to the board of county 8,443
commissioners with regard to the social services provided in the 8,444
county, including assistance under Chapters 5107. and 5108. of 8,446
the Revised Code, publicly funded child day-care under Chapter 8,449
5104. of the Revised Code, and social services provided under 8,452
section 5101.46 of the Revised Code; 8,454
(2) AT LEAST ONCE A YEAR, REVIEW AND ANALYZE THE COUNTY 8,456
DEPARTMENT OF HUMAN SERVICES' IMPLEMENTATION OF THE PROGRAMS 8,457
ESTABLISHED UNDER CHAPTERS 5107. AND 5108. OF THE REVISED CODE. 8,458
IN ITS REVIEW, THE COMMITTEE SHALL USE INFORMATION AVAILABLE TO 8,460
IT TO EXAMINE ALL OF THE FOLLOWING: 8,461
200
(a) RETURN OF ASSISTANCE GROUPS TO PARTICIPATION IN EITHER 8,464
PROGRAM AFTER CEASING TO PARTICIPATE;
(b) TEEN PREGNANCY RATES AMONG THE PROGRAMS' PARTICIPANTS; 8,466
(c) THE OTHER TYPES OF ASSISTANCE THE PROGRAMS' 8,468
PARTICIPANTS RECEIVE, INCLUDING MEDICAL ASSISTANCE UNDER CHAPTER 8,469
5111. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER 8,471
CHAPTER 5104. OF THE REVISED CODE, FOOD STAMP BENEFITS UNDER 8,473
SECTION 5101.54 OF THE REVISED CODE, AND ENERGY ASSISTANCE UNDER 8,475
CHAPTER 5117. OF THE REVISED CODE; 8,476
(d) OTHER ISSUES THE COMMITTEE CONSIDERS APPROPRIATE. 8,478
THE COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF 8,480
COUNTY COMMISSIONERS AND COUNTY DEPARTMENT OF HUMAN SERVICES 8,481
REGARDING THE COMMITTEE'S FINDINGS. 8,482
(3) Provide comments and recommendations to the board 8,484
prior to the board's entering into or substantially amending a 8,485
partnership agreement with the director of human services under 8,488
section 307.98 of the Revised Code; 8,489
(3)(4) Conduct public hearings on proposed county profiles 8,492
for the provision of social services under section 5101.46 of the 8,493
Revised Code; 8,495
(4)(5) At the request of the board, make recommendations 8,497
and provide assistance regarding the social services provided in 8,498
the county; 8,499
(5)(6) At any other time the committee considers 8,501
appropriate, consult with the board and make recommendations 8,502
regarding the social services provided in the county. The 8,503
committee's recommendations may address the following: 8,504
(a) Implementation and administration of social service 8,507
programs;
(b) Use of federal, state, and local funds available for 8,510
social service programs;
(c) Establishment of goals to be achieved by social 8,513
service programs;
(d) Evaluation of the outcomes of social service programs; 8,516
201
(e) Any other matter the board considers relevant to the 8,519
provision of social services.
(C) If there is a committee in existence in a county on 8,522
the effective date of this amendment OCTOBER 1, 1997, that the 8,523
board of county commissioners determines is capable of fulfilling 8,525
the responsibilities of a county human services planning 8,526
committee, the board may designate the committee as the county's 8,527
human services planning committee and the committee shall serve 8,528
in that capacity.
Sec. 329.07. AS USED IN THIS SECTION, "OHIO WORKS FIRST" 8,530
AND "TITLE IV-A" HAVE THE SAME MEANINGS AS IN SECTION 5107.02 OF 8,533
THE REVISED CODE.
EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE AT 8,535
LEAST ONE OHIO WORKS FIRST OMBUDSPERSON. A COUNTY DEPARTMENT MAY 8,536
PROVIDE FOR AN OHIO WORKS FIRST PARTICIPANT WHO RESIDES IN THE 8,537
COUNTY THE COUNTY DEPARTMENT SERVES AND IS QUALIFIED TO PERFORM 8,538
THE DUTIES OF AN OMBUDSPERSON TO BE AN OMBUDSPERSON. IF NO OHIO 8,540
WORKS FIRST PARTICIPANT RESIDING IN THE COUNTY THE COUNTY 8,541
DEPARTMENT SERVES IS QUALIFIED TO PERFORM THE DUTIES OF AN
OMBUDSPERSON, THE COUNTY DEPARTMENT SHALL PROVIDE FOR ONE OR MORE 8,542
EMPLOYEES OF THE COUNTY DEPARTMENT TO BE OMBUDSPERSONS OR 8,543
CONTRACT WITH A PERSON OR GOVERNMENT ENTITY FOR THE PERSON OR 8,544
ENTITY TO PERFORM THE DUTIES OF AN OMBUDSPERSON FOR THE COUNTY 8,545
DEPARTMENT. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE COUNTY 8,546
DEPARTMENT MAY USE FUNDS AVAILABLE UNDER TITLE IV-A TO PROVIDE 8,547
FOR COUNTY DEPARTMENT EMPLOYEES OR A PERSON OR GOVERNMENT ENTITY 8,549
UNDER CONTRACT WITH THE COUNTY DEPARTMENT TO PERFORM THE DUTIES 8,550
OF AN OMBUDSPERSON.
AN OHIO WORKS FIRST OMBUDSPERSON SHALL HELP OHIO WORKS 8,552
FIRST APPLICANTS AND PARTICIPANTS RESOLVE COMPLAINTS THE 8,553
APPLICANTS AND PARTICIPANTS HAVE ABOUT THE ADMINISTRATION OF OHIO 8,554
WORKS FIRST AND HELP PARTICIPANTS CONTACT CASEWORKERS FOR THE 8,555
PURPOSE OF SCHEDULING MEETINGS UNDER SECTION 5107.161 OF THE 8,556
REVISED CODE.
202
Sec. 329.12. (A) A county department of human services 8,566
may establish an individual development account program for 8,567
residents of the county. The program shall provide for 8,568
establishment of accounts for participants and acceptance of
contributions from others INDIVIDUALS AND ENTITIES, INCLUDING THE 8,569
COUNTY DEPARTMENT, to be used as matching funds for deposit in 8,570
the accounts. 8,571
(B) A county department shall select a fiduciary 8,575
organization to administer its individual development account 8,576
program. In selecting a fiduciary organization, the department 8,578
shall consider all of the following regarding the organization: 8,580
(1) Its ability to market the program to potential 8,582
participants and matching fund contributors; 8,583
(2) Its ability to invest money in the accounts in a way 8,586
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 8,588
ability to verify eligibility of individuals for participation in 8,589
the program, prevent unauthorized use of matching contributions, 8,591
and enforce any penalties for unauthorized uses that may be 8,592
provided for by rule adopted by the state department of human 8,593
services under section 5101.971 of the Revised Code.; 8,594
(4) Its ability to provide financial counseling to 8,597
participants;
(5) Its affiliation with other activities designed to 8,599
increase the independence of individuals and families through 8,600
postsecondary education, home ownership, and business 8,601
development; 8,602
(6) Any other factor the county department considers 8,604
appropriate.
(C) At the time it commences the program and on the first 8,608
day of each subsequent program year, the county department may 8,609
make a grant to the fiduciary organization to pay all or part of 8,610
the administrative costs of the program.
(D) The county department shall require the fiduciary 8,614
203
organization to collect and maintain information regarding the 8,615
program, including all of the following: 8,616
(1) The number of accounts established; 8,618
(2) The amount deposited by each participant and the 8,621
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 8,623
including the number of participants who used funds for 8,624
postsecondary educational expenses and the institutions attended, 8,626
the number of personal residences purchased, and the number of 8,627
participants who used funds for business capitalization; 8,628
(4) The demographics of program participants; 8,630
(5) The number of participants who withdrew from the 8,632
program and the reasons for withdrawal. 8,633
(E) The county department shall prepare and file with the 8,637
state department of human services a semi-annual report 8,638
containing the information the state department requires by rule 8,639
adopted under section 5101.971 of the Revised Code, with the 8,641
first report being filed at the end of the six-month period 8,642
following the effective date of this section OCTOBER 1, 1997. 8,643
Sec. 340.03. (A) Subject to rules issued by the director 8,652
of mental health after consultation with relevant constituencies 8,653
as required by division (A)(11) of section 5119.06 of the Revised 8,654
Code, with regard to mental health services, the board of 8,655
alcohol, drug addiction, and mental health services shall: 8,656
(1) Serve as the community mental health planning agency 8,658
for the county or counties under its jurisdiction, and in so 8,659
doing it shall: 8,660
(a) Evaluate the need for mental health programs and 8,662
facilities; 8,663
(b) Assess the community mental health needs, set 8,665
priorities, and develop plans for the operation of community 8,666
mental health services and programs, and facilities for those 8,667
services and programs, in cooperation with other local and 8,668
regional planning and funding bodies and with relevant ethnic 8,669
204
organizations; 8,670
(c) In accordance with guidelines issued by the director 8,672
of mental health after consultation with board representatives, 8,673
develop and submit to the department of mental health, no later 8,674
than six months prior to the conclusion of the fiscal year in 8,675
which the board's current plan is scheduled to expire, a 8,676
community mental health plan listing community mental health 8,677
needs, including the needs of all residents of the district now 8,678
residing in state mental institutions and severely mentally 8,679
disabled adults, children, and adolescents; all children subject 8,681
to a determination made pursuant to section 121.38 of the Revised
Code; and all mental health programs and facilities that are or 8,684
will be in operation during the period for which the plan will be 8,685
in operation in the service district to meet such needs. 8,686
The plan shall include, but not be limited to, a statement 8,688
of which of the services listed in section 340.09 of the Revised 8,689
Code the board intends to provide or purchase, an explanation of 8,690
how the board intends to make any payments that it may be 8,691
required to pay under section 5119.62 of the Revised Code, a 8,692
statement of the inpatient and community-based services the board 8,693
proposes that the department operate, an assessment of the number 8,694
and types of residential facilities needed, and such other 8,695
information as the department requests, and a budget for moneys 8,696
the board expects to receive. The board shall also submit an 8,697
allocation request for state and federal funds. Within sixty 8,698
days after the department's determination that the plan and 8,699
allocation request are complete, the department shall approve or 8,700
disapprove the plan and request, in whole or in part, according 8,701
to the criteria developed pursuant to section 5119.61 of the 8,702
Revised Code. The department's statement of approval or 8,703
disapproval shall specify the inpatient and the community-based 8,704
services that the department will operate for the board. 8,705
Eligibility for financial support shall be contingent upon an 8,706
approved plan or relevant part of a plan. 8,707
205
If the director disapproves all or part of any plan, he THE 8,709
DIRECTOR shall inform the board of the reasons for the 8,710
disapproval and of the criteria that must be met before the plan 8,711
may be approved. The director shall provide the board an 8,712
opportunity to present its case on behalf of the plan. The 8,713
director shall give the board a reasonable time in which to meet 8,714
the criteria, and shall offer the board technical assistance to 8,715
help it meet the criteria. 8,716
If the approval of a plan remains in dispute thirty days 8,718
prior to the conclusion of the fiscal year in which the board's 8,719
current plan is scheduled to expire, the board or the director 8,720
may request that the dispute be submitted to a mutually agreed 8,721
upon third-party mediator with the cost to be shared by the board 8,722
and the department. The mediator shall issue to the board and 8,723
the department recommendations for resolution of the dispute. 8,724
Prior to the conclusion of the fiscal year in which the current 8,725
plan is scheduled to expire, the director, taking into 8,726
consideration the recommendations of the mediator, shall make a 8,727
final determination and approve or disapprove the plan, in whole 8,728
or in part. 8,729
If a board determines that it is necessary to amend a plan 8,731
or an allocation request that has been approved under division 8,732
(A)(1)(c) of this section, the board shall submit a proposed 8,733
amendment to the director. The director may approve or 8,734
disapprove all or part of the amendment. If the director does 8,735
not approve all or part of the amendment within thirty days after 8,736
it is submitted, the amendment or part of it shall be considered 8,737
to have been approved. The director shall inform the board of 8,738
the reasons for disapproval of all or part of an amendment and of 8,740
the criteria that must be met before the amendment may be 8,742
approved. The director shall provide the board an opportunity to 8,743
present its case on behalf of the amendment. The director shall 8,744
give the board a reasonable time in which to meet the criteria, 8,745
and shall offer the board technical assistance to help it meet 8,746
206
the criteria.
The board shall implement the plan approved by the 8,748
department. 8,749
(d) Receive, compile, and transmit to the department of 8,751
mental health applications for state reimbursement; 8,752
(e) Promote, arrange, and implement working agreements 8,754
with social agencies, both public and private, and with judicial 8,755
agencies. 8,756
(2) Investigate, or request another agency to investigate, 8,758
any complaint alleging abuse or neglect of any person receiving 8,759
services from a community mental health agency as defined in 8,760
section 5122.01 of the Revised Code, or from a residential 8,761
facility licensed under section 5119.22 of the Revised Code. If 8,762
the investigation substantiates the charge of abuse or neglect, 8,763
the board shall take whatever action it determines is necessary 8,764
to correct the situation, including notification of the 8,765
appropriate authorities. Upon request, the board shall provide 8,766
information about such investigations to the department. 8,767
(3) Review, evaluate, and conduct program audits for 8,769
community mental health services, facilities, and agencies 8,770
seeking federal, state, or board assistance, review licensure 8,771
applications pursuant to section 5119.22 of the Revised Code, and 8,772
determine if the services meet minimum standards established 8,773
pursuant to division (G) of section 5119.01 of the Revised Code 8,774
and submit its findings and recommendations to the department of 8,775
mental health.; 8,776
(4) Audit, in accordance with rules adopted by the auditor 8,778
of state pursuant to section 117.20 of the Revised Code, at least 8,779
annually all programs and services provided under contract with 8,780
the board. In so doing, the board may contract for or employ the 8,781
services of private auditors. A copy of the fiscal audit report 8,782
shall be provided to the director of mental health, the auditor 8,783
of state, and the county auditor of each county in the board's 8,784
district. 8,785
207
(5) Recruit and promote local financial support for mental 8,787
health programs from private and public sources; 8,788
(6)(a) Enter into contracts with public and private 8,790
agencies for the provision of mental health services and 8,791
facilities. Section 307.86 of the Revised Code does not apply to 8,792
contracts entered into under this division. In contracting with 8,793
a public or private agency, a board shall consider the cost 8,794
effectiveness of services provided by that agency and the quality 8,795
and continuity of care, and may review cost elements, including 8,796
salary costs, of the services to be provided. A utilization 8,797
review process shall be established as part of the contract for 8,798
services entered into between a board and a public or private 8,799
agency. The board may establish this process in a way which is 8,800
most effective and efficient in meeting local needs. IN THE CASE 8,801
OF A CONTRACT WITH A COMMUNITY MENTAL HEALTH FACILITY DESCRIBED 8,802
IN DIVISION (B) OF SECTION 5111.022 OF THE REVISED CODE TO 8,803
PROVIDE SERVICES ESTABLISHED BY DIVISION (A) OF THAT SECTION, THE 8,804
CONTRACT SHALL PROVIDE FOR THE FACILITY TO BE PAID IN ACCORDANCE 8,805
WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS OF HUMAN 8,806
SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT SECTION AND 8,807
ANY RULES ADOPTED UNDER DIVISION (A) OF SECTION 5119.61 OF THE 8,808
REVISED CODE.
If either the board or a community mental health agency 8,810
with which it contracts for mental health services, programs, or 8,811
facilities proposes not to renew the contract or proposes 8,812
substantial changes in contract terms, the other party shall be 8,813
given written notice at least one hundred twenty days before the 8,814
expiration date of the contract. During the first sixty days of 8,815
this one hundred twenty-day period, both parties shall attempt to 8,816
resolve any dispute through good faith collaboration and 8,817
negotiation in order to continue to provide services to persons 8,818
in need. If the dispute has not been resolved sixty days before 8,819
the expiration date of the contract, either party may notify the 8,820
department of mental health of the unresolved dispute. The 8,821
208
director may require both parties to submit the dispute to a 8,822
third party with the cost to be shared by the board and the 8,823
agency. The third party shall issue to the board, the agency, 8,824
and the department recommendations on how the dispute may be 8,825
resolved twenty days prior to the expiration date of the 8,826
contract, unless both parties agree to a time extension. The 8,827
director shall adopt rules establishing the procedures of this 8,828
dispute resolution process. 8,829
(b) With the prior approval of the director of mental 8,831
health, a board may operate a mental health service, program, or 8,832
facility as follows, if there is no other qualified private or 8,833
public agency that is immediately available and willing to 8,834
operate such service, program, or facility: 8,835
(i) In an emergency situation, any board may operate a 8,837
mental health service, program, or facility in order to provide 8,838
essential services for the duration of the emergency; 8,839
(ii) In a service district with a population of at least 8,841
one hundred thousand but less than five hundred thousand, a board 8,842
may operate a mental health service, program, or facility for no 8,843
longer than one year; 8,844
(iii) In a service district with a population of less than 8,846
one hundred thousand, a board may operate a mental health 8,847
service, program, or facility for no longer than one year, except 8,848
that such a board may operate a mental health service, program, 8,849
or facility for more than one year with the prior approval of the 8,850
director and the prior approval of the board of county 8,851
commissioners, or of a majority of the boards of county 8,852
commissioners if the district is a joint-county district. 8,853
The director shall not give a board approval to operate a 8,856
mental health service, program, or facility under division
(A)(6)(b)(ii) or (iii) of this section unless the director 8,857
determines that it is not feasible to have the department operate 8,859
the service, program, or facility. 8,860
The director shall not give a board approval to operate a 8,863
209
mental health service, program, or facility under division
(A)(6)(b)(iii) of this section unless the director determines 8,864
that the board's service, program, or facility will provide 8,866
greater administrative efficiency and more or better services 8,867
than would be available if the board contracted with a private or 8,868
public agency for provision of the services. 8,869
The director shall not give a board approval to operate a 8,872
mental health service, program, or facility previously operated
by a community mental health agency unless the board has 8,873
established to the director's satisfaction that the agency cannot 8,874
effectively provide the service, program, or facility, or that 8,875
the agency has requested the board to take over operation of the 8,876
service, program, or facility. 8,877
The director shall review and evaluate the operation of 8,879
each mental health service, program, or facility operated by a 8,880
board under division (A)(6)(b) of this section. 8,881
Nothing in division (A)(6)(b) of this section authorizes a 8,883
board to administer or direct the daily operation of any 8,884
community mental health agency, but an agency may contract with a 8,885
board to receive administrative services or staff direction from 8,886
the board under the direction of the governing body of the 8,887
agency. 8,888
(7) Approve fee schedules and related charges or adopt a 8,890
unit cost schedule or other methods of payment for contract 8,891
services provided by community mental health agencies in 8,892
accordance with guidelines issued by the department as necessary 8,893
to comply with state and federal laws pertaining to financial 8,894
assistance; 8,895
(8) Submit to the director and the county commissioners of 8,897
the county or counties served by the board, and make available to 8,898
the public, an annual report of the programs under the 8,899
jurisdiction of the board, including a fiscal accounting; 8,900
(9) Establish, to the extent resources are available, a 8,902
community support system, which provides for treatment, support, 8,903
210
and rehabilitation services and opportunities. The essential 8,904
elements of the system include, but are not limited to, the 8,905
following components in accordance with section 5119.06 of the 8,906
Revised Code: 8,907
(a) To locate persons in need of mental health services to 8,909
inform them of available services and benefits mechanisms; 8,910
(b) Assistance for clients to obtain services necessary to 8,912
meet basic human needs for food, clothing, shelter, medical care, 8,913
personal safety, and income; 8,914
(c) Mental health care, including, but not limited to, 8,916
outpatient, partial hospitalization, and, where appropriate, 8,918
inpatient care;
(d) Emergency services and crisis intervention; 8,920
(e) Assistance for clients to obtain vocational services 8,922
and opportunities for jobs; 8,923
(f) The provision of services designed to develop social, 8,925
community, and personal living skills; 8,926
(g) Access to a wide range of housing and the provision of 8,928
residential treatment and support; 8,929
(h) Support, assistance, consultation, and education for 8,931
families, friends, consumers of mental health services, and 8,932
others; 8,933
(i) Recognition and encouragement of families, friends, 8,935
neighborhood networks, especially networks that include racial 8,936
and ethnic minorities, churches, community organizations, and 8,937
meaningful employment as natural supports for consumers of mental 8,938
health services; 8,939
(j) Grievance procedures and protection of the rights of 8,941
consumers of mental health services; 8,942
(k) Case management, which includes continual 8,944
individualized assistance and advocacy to ensure that needed 8,945
services are offered and procured. 8,946
(10) Designate the treatment program, agency, or facility 8,949
for each person involuntarily committed to the board pursuant to 8,950
211
Chapter 5122. of the Revised Code and authorize payment for such 8,951
treatment. The board shall provide the least restrictive and 8,952
most appropriate alternative that is available for any person 8,953
involuntarily committed to it and shall assure that the services 8,954
listed in section 340.09 of the Revised Code are available to 8,955
severely mentally disabled persons residing within its service 8,956
district. The board shall establish the procedure for 8,957
authorizing payment for services, which may include prior 8,958
authorization in appropriate circumstances. The board may
provide for services directly to a severely mentally disabled 8,959
person when life or safety is endangered and when no community 8,960
mental health agency is available to provide the service. 8,961
(11) Establish a method for evaluating referrals for 8,964
involuntary commitment and affidavits filed pursuant to section 8,965
5122.11 of the Revised Code in order to assist the probate 8,966
division of the court of common pleas in determining whether 8,967
there is probable cause that a respondent is subject to
involuntary hospitalization and what alternative treatment is 8,968
available and appropriate, if any. 8,969
(12) Ensure that apartments or rooms built, subsidized, 8,972
renovated, rented, owned, or leased by the board or a community 8,973
mental health agency have been approved as meeting minimum fire 8,974
safety standards and that persons residing in the rooms or 8,975
apartments are receiving appropriate and necessary services, 8,976
including culturally relevant services, from a community mental 8,977
health agency. This division does not apply to residential 8,978
facilities licensed pursuant to section 5119.22 of the Revised 8,979
Code.
(13) Establish a mechanism for involvement of consumer 8,982
recommendation and advice on matters pertaining to mental health 8,983
services in the alcohol, drug addiction, and mental health 8,984
service district;
(14) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 8,986
5119.61 OF THE REVISED CODE, PROVIDE FOR A COMMUNITY MENTAL 8,987
212
HEALTH AGENCY TO PROVIDE THE FOLLOWING SERVICES TO AN INDIVIDUAL 8,989
APPLYING FOR RESIDENTIAL STATE SUPPLEMENTAL PAYMENTS UNDER 8,990
SECTION 173.35 OF THE REVISED CODE WHO IS REFERRED TO THE BOARD 8,991
UNDER DIVISION (D) OF THAT SECTION: 8,992
(a) A COMPREHENSIVE ASSESSMENT TO DETERMINE WHETHER THE 8,994
ENVIRONMENT IN WHICH THE INDIVIDUAL WILL LIVE WHILE RECEIVING THE 8,995
SUPPLEMENT IS APPROPRIATE FOR THE INDIVIDUAL'S NEEDS; 8,997
(b) IF THE AGENCY DETERMINES PURSUANT TO THE COMPREHENSIVE 8,999
ASSESSMENT THAT THE LIVING ENVIRONMENT IS APPROPRIATE FOR THE 9,000
INDIVIDUAL'S NEEDS, CERTIFICATION OF THAT DETERMINATION; 9,002
(c) ONGOING MONITORING TO ENSURE THE AVAILABILITY TO THE 9,004
INDIVIDUAL OF COMMUNITY SUPPORT SERVICES AND SERVICES PROVIDED 9,006
UNDER SECTION 340.09 OF THE REVISED CODE; 9,007
(d) DISCHARGE PLANNING TO ENSURE THE EARLIEST POSSIBLE 9,009
TRANSITION OF THE INDIVIDUAL TO A LESS RESTRICTIVE ENVIRONMENT; 9,010
(e) OTHER SERVICES THE BOARD DETERMINES APPROPRIATE. 9,012
(15) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 9,014
5119.61 OF THE REVISED CODE AND WITH THE BOARD'S COMMUNITY MENTAL 9,015
HEALTH PLAN, ENTER INTO AFFILIATION AGREEMENTS WITH ADULT CARE 9,016
FACILITIES LICENSED UNDER CHAPTER 3722. OF THE REVISED CODE OR 9,018
APPROVE AFFILIATION AGREEMENTS BETWEEN SUCH ADULT CARE FACILITIES 9,019
AND COMMUNITY MENTAL HEALTH AGENCIES. THE BOARD MAY NOT, AND A 9,020
COMMUNITY MENTAL HEALTH AGENCY UNDER CONTRACT WITH THE BOARD MAY 9,021
NOT, REFER A PERSON WITH MENTAL ILLNESS TO AN ADULT CARE FACILITY 9,022
THAT DOES NOT HAVE AN AFFILIATION AGREEMENT WITH THE BOARD OR 9,023
AGENCY. EXCEPT IN AN EMERGENCY, NO COMMUNITY MENTAL HEALTH 9,024
AGENCY UNDER CONTRACT WITH THE BOARD MAY PROVIDE SERVICES TO A 9,025
PERSON WITH MENTAL ILLNESS WHO RESIDES IN AN ADULT CARE FACILITY 9,026
THAT DOES NOT HAVE AN AFFILIATION AGREEMENT WITH THE BOARD OR 9,027
AGENCY. IF AN ADULT CARE FACILITY IN THE BOARD'S ALCOHOL, DRUG 9,028
ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT ACCEPTS A PERSON 9,029
WITH MENTAL ILLNESS WHO RESIDED IN ANOTHER SERVICE DISTRICT, THE 9,030
BOARD SHALL NOTIFY THE BOARD OF ALCOHOL, DRUG ADDICTION, AND 9,031
MENTAL HEALTH SERVICES OF THAT SERVICE DISTRICT. 9,032
213
(B) The board shall establish such rules, operating 9,034
procedures, standards, and bylaws, and perform such other duties 9,035
as may be necessary or proper to carry out the purposes of this 9,036
chapter. 9,037
(C) A board of alcohol, drug addiction, and mental health 9,040
services may receive by gift, grant, devise, or bequest any 9,041
moneys, lands, or property for the benefit of the purposes for 9,042
which the board is established, and may hold and apply it 9,043
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest 9,045
shall be deposited in the treasury of the county, the treasurer 9,046
of which is custodian of the alcohol, drug addiction, and mental 9,047
health services funds to the credit of the board and shall be 9,048
available for use by the board for purposes stated by the donor 9,049
or grantor.
(D) No board member or employee of a board of alcohol, 9,051
drug addiction, and mental health services shall be liable for 9,052
injury or damages caused by any action or inaction taken within 9,053
the scope of his THE BOARD MEMBER'S official duties or THE 9,054
EMPLOYEE'S employment, whether or not such action or inaction is 9,055
expressly authorized by this section, section 340.033, or any 9,056
other section of the Revised Code, unless such action or inaction 9,057
constitutes willful or wanton misconduct. Chapter 2744. of the 9,058
Revised Code applies to any action or inaction by a board member 9,059
or employee of a board taken within the scope of the board 9,060
member's official duties or employee's employment. For the
purposes of this division, the conduct of a board member or 9,061
employee shall not be considered willful or wanton misconduct if 9,062
the board member or employee acted in good faith and in a manner 9,063
that the board member or employee reasonably believed was in or 9,065
was not opposed to the best interests of the board and, with 9,066
respect to any criminal action or proceeding, had no reasonable 9,067
cause to believe the conduct was unlawful. 9,068
(E) The meetings held by any committee established by a 9,070
214
board of alcohol, drug addiction, and mental health services 9,071
shall be considered to be meetings of a public body subject to 9,072
section 121.22 of the Revised Code. 9,073
Sec. 341.011. (A) If a person who was convicted of or 9,082
pleaded guilty to an offense of violence that is a felony or was 9,084
indicted or otherwise charged with the commission of an offense 9,086
of violence that is a felony escapes from a county jail or 9,087
workhouse or otherwise escapes from the custody of the A sheriff 9,088
of that county, the sheriff immediately after the escape shall 9,089
cause notice of REPORT the escape, BY TELEPHONE AND IN WRITING, 9,092
TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE 9,093
PLACE WHERE THE PERSON ESCAPED FROM CUSTODY, TO THE STATE HIGHWAY 9,094
PATROL, TO THE DEPARTMENT OF REHABILITATION AND CORRECTION IF THE 9,095
ESCAPED PERSON IS A PRISONER UNDER THE CUSTODY OF THE DEPARTMENT 9,096
WHO IS IN THE JAIL OR WORKHOUSE, TO THE PROSECUTING ATTORNEY OF 9,097
THE COUNTY, AND to be published in a newspaper of general 9,098
circulation in the county. The sheriff also immediately after 9,099
the escape shall give notice of the escape by telephone and in 9,100
writing to the prosecuting attorney of the county. Upon THE 9,101
WRITTEN NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. 9,102
A FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF 9,104
SECTION 2921.22 OF THE REVISED CODE. 9,105
(B) UPON the apprehension of the escaped person, the 9,107
sheriff shall give notice of the apprehension of the escaped 9,109
person by telephone and in writing to the prosecuting attorney 9,110
PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 9,111
Sec. 718.01. (A) As used in this chapter: 9,120
(1) "Internal Revenue Code" means the Internal Revenue 9,122
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 9,123
(2) "Schedule C" means internal revenue service schedule C 9,125
filed by a taxpayer pursuant to the Internal Revenue Code. 9,126
(3) "Form 2106" means internal revenue service form 2106 9,128
filed by a taxpayer pursuant to the Internal Revenue Code. 9,129
(4) "Intangible income" means income of any of the 9,131
215
following types: income yield, interest, dividends, or other 9,132
income arising from the ownership, sale, exchange, or other 9,133
disposition of intangible property including, but not limited to, 9,134
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code. 9,135
(B) No municipal corporation with respect to that income 9,137
which THAT it may tax shall tax such income at other than a 9,139
uniform rate.
(C) No municipal corporation shall levy a tax on income at 9,141
a rate in excess of one per cent without having obtained the 9,142
approval of the excess by a majority of the electors of the 9,143
municipality voting on the question at a general, primary, or 9,144
special election. The legislative authority of the municipal 9,145
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the 9,146
ordinance together with a resolution specifying the date the 9,147
election is to be held and directing the board of elections to 9,148
conduct the election. The ballot shall be in the following form: 9,149
"Shall the Ordinance providing for a... per cent levy on income 9,150
for (Brief description of the purpose of the proposed levy) be
passed? 9,151
FOR THE INCOME TAX 9,153
AGAINST THE INCOME TAX" 9,155
In the event of an affirmative vote, the proceeds of the 9,157
levy may be used only for the specified purpose. 9,158
(D)(1) Except as otherwise provided in division (D)(2) of 9,160
this section, no municipal corporation shall exempt from a tax on 9,161
income, compensation for personal services of individuals over 9,162
eighteen years of age or the net profit from a business or 9,163
profession.
(2) The legislative authority of a municipal corporation 9,165
may, by ordinance or resolution, exempt from a tax on income any 9,166
compensation arising from the grant, sale, exchange, or other 9,167
disposition of a stock option; the exercise of a stock option; or 9,168
216
the sale, exchange, or other disposition of stock purchased under 9,169
a stock option.
(E) Nothing in this section shall prevent a municipal 9,171
corporation from permitting lawful deductions as prescribed by 9,172
ordinance. If a taxpayer's taxable income includes income 9,173
against which the taxpayer has taken a deduction for federal 9,174
income tax purposes as reportable on the taxpayer's form 2106, 9,175
and against which a like deduction has not been allowed by the
municipal corporation, the municipal corporation shall deduct 9,176
from the taxpayer's taxable income an amount equal to the 9,177
deduction shown on such form allowable against such income, to 9,178
the extent not otherwise so allowed as a deduction by the 9,179
municipal corporation. In the case of a taxpayer who has a net
profit from a business or profession that is operated as a sole 9,180
proprietorship, no municipal corporation may tax or use as the 9,181
base for determining the amount of the net profit that shall be 9,182
considered as having a taxable situs in the municipal 9,183
corporation, a greater amount than the net profit reported by the
taxpayer on schedule C filed in reference to the year in question 9,184
as taxable income from such sole proprietorship, except as 9,185
otherwise specifically provided by ordinance or regulation. 9,186
(F) No municipal corporation shall tax any of the 9,188
following:
(1) The military pay or allowances of members of the armed 9,190
forces of the United States and of members of their reserve 9,191
components, including the Ohio national guard; 9,192
(2) The income of religious, fraternal, charitable, 9,194
scientific, literary, or educational institutions to the extent 9,195
that such income is derived from tax-exempt real estate, 9,196
tax-exempt tangible or intangible property, or tax-exempt 9,197
activities;
(3) Except as otherwise provided in division (G) of this 9,199
section, intangible income; 9,200
(4) Compensation paid under section 3501.28 or 3501.36 of 9,202
217
the Revised Code to a person serving as a precinct election 9,203
official, to the extent that such compensation does not exceed 9,204
one thousand dollars annually. Such compensation in excess of 9,205
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 9,206
of such compensation to withhold any tax from that compensation. 9,207
(5) Compensation paid to an employee of a transit 9,209
authority, regional transit authority, or regional transit 9,210
commission created under Chapter 306. of the Revised Code for 9,211
operating a transit bus or other motor vehicle for the authority 9,212
or commission in or through the municipal corporation, unless the
bus or vehicle is operated on a regularly scheduled route, the 9,213
operator is subject to such a tax by reason of residence or 9,214
domicile in the municipal corporation, or the headquarters of the 9,215
authority or commission is located within the municipal 9,216
corporation.
(6) The income of a public utility when that public 9,218
utility is subject to the tax levied under section 5727.24 OR 9,219
5727.30 of the Revised Code. 9,221
(G) Any municipal corporation that taxes any type of 9,223
intangible income on March 29, 1988, pursuant to Section 3 of 9,224
Amended Substitute Senate Bill No. 238 of the 116th general 9,225
assembly, may continue to tax that type of income after 1988 if a 9,226
majority of the electors of the municipal corporation voting on 9,227
the question of whether to permit the taxation of that type of
intangible income after 1988 vote in favor thereof at an election 9,228
held on November 8, 1988. 9,229
(H) Nothing in this section or section 718.02 of the 9,231
Revised Code, shall authorize the levy of any tax on income which 9,233
THAT a municipal corporation is not authorized to levy under 9,235
existing laws or shall require a municipal corporation to allow a 9,236
deduction from taxable income for losses incurred from a sole 9,237
proprietorship or partnership.
Sec. 742.63. The board of trustees of the police and 9,246
218
firemen's disability and pension fund shall adopt rules for the 9,248
management of the firemen and policemen's death benefit fund and 9,250
for disbursements of benefits as set forth in this section. 9,251
(A) As used in this section: 9,253
(1) "Member" means a member of the police and firemen's 9,255
disability and pension fund or the state highway patrol 9,256
retirement system, or a member of the public employees retirement 9,257
system who at the time of the member's death was a county sheriff 9,258
or deputy sheriff, a full-time regular police officer in a 9,259
municipal corporation or township, a full-time regular 9,260
firefighter employed by the state, an instrumentality of the 9,262
state, a municipal corporation, a township, a joint fire 9,263
district, or another political subdivision, a full-time park 9,264
district ranger or patrol trooper, a full-time law enforcement 9,265
officer of the department of natural resources, a full-time 9,266
department of public safety enforcement agent, a full-time law 9,267
enforcement officer of parks, waterway lands, or reservoir lands 9,270
under the control of a municipal corporation, a full-time law 9,271
enforcement officer of a conservancy district, a correction 9,272
officer at an institution under the control of a county, a group 9,273
of counties, a municipal corporation, or the department of 9,274
rehabilitation and correction, a state university law enforcement 9,275
officer, or a member of a retirement system operated by a 9,276
municipal corporation who at the time of death was a full-time 9,277
law enforcement officer of parks, waterway lands, or reservoir 9,278
lands under the control of the municipal corporation. 9,279
(2) Notwithstanding section 742.01 of the Revised Code, 9,281
"fire or police department" includes a fire department of the 9,282
state or an instrumentality of the state or of a municipal 9,283
corporation, township, joint fire district, or other political 9,284
subdivision, the state highway patrol, a county sheriff's office, 9,285
the security force of an institution under the control of the 9,286
department of rehabilitation and correction, the security force 9,287
of a jail or workhouse under the control of a county, group of 9,288
219
counties, or municipal corporation, the security force of a 9,289
metropolitan, county, or township park district, the security 9,290
force of lands under the control of the department of natural 9,291
resources, department of public safety enforcement agents, the 9,293
security force of parks, waterway lands, or reservoir lands under 9,295
the control of a municipal corporation, the security force of a 9,296
conservancy district, the police department of a township or 9,297
municipal corporation, and the police force of a state 9,298
university.
(3) "Firefighter or police officer" includes a state 9,301
highway patrol trooper, a county sheriff or deputy sheriff, a 9,302
correction officer at an institution under the control of a 9,303
county, a group of counties, a municipal corporation, or the 9,304
department of rehabilitation and correction, a police officer 9,305
employed by a township or municipal corporation, a firefighter 9,307
employed by the state, an instrumentality of the state, a 9,309
municipal corporation, a township, a joint fire district, or 9,310
another political subdivision, a full-time park district ranger 9,311
or patrol trooper, a full-time law enforcement officer of the 9,313
department of natural resources, a full-time department of public 9,314
safety enforcement agent, a full-time law enforcement officer of 9,316
parks, waterway lands, or reservoir lands under the control of a 9,317
municipal corporation, a full-time law enforcement officer of a 9,318
conservancy district, and a state university law enforcement 9,319
officer.
(4) "Correction officer" includes, in addition to any 9,321
correction officer, any correction corporal, sergeant, 9,322
lieutenant, or captain, and the equivalents of all such persons. 9,323
(5) "A park district ranger or patrol trooper" means a 9,326
peace officer commissioned to make arrests, execute warrants, and 9,327
preserve the peace upon lands under the control of a board of 9,328
park commissioners of a metropolitan, county, or township park 9,329
district. 9,330
(6) "Metropolitan, county, or township park district" 9,332
220
means a park district created under the authority of Chapter 511. 9,333
or 1545. of the Revised Code. 9,334
(7) "Conservancy district" means a conservancy district 9,336
created under the authority of Chapter 6101. of the Revised Code. 9,337
(8) "Law enforcement officer" means an officer 9,339
commissioned to make arrests, execute warrants, and preserve the 9,340
peace upon lands under the control of the governmental entity 9,341
granting the commission. 9,342
(9) "Department of natural resources law enforcement 9,344
officer" includes a forest officer designated pursuant to section 9,345
1503.29 of the Revised Code, a preserve officer designated 9,346
pursuant to section 1517.10 of the Revised Code, a wildlife 9,347
officer designated pursuant to section 1531.13 of the Revised 9,348
Code, a park officer designated pursuant to section 1541.10 of 9,349
the Revised Code, and a state watercraft officer designated 9,350
pursuant to section 1547.521 of the Revised Code. 9,351
(10) "Retirement eligibility date" means the last day of 9,353
the month in which a deceased member would have first become 9,354
eligible, had the member lived, for the retirement pension 9,355
provided under section 145.33, division (C)(1) of section 742.37, 9,356
or division (A)(1) of section 5505.17 of the Revised Code or 9,357
provided by a retirement system operated by a municipal 9,358
corporation.
(11) "Death benefit amount" means an amount equal to the 9,360
full monthly salary received by a deceased member prior to death, 9,361
minus an amount equal to the benefit received under section 9,362
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 9,363
benefit received from a retirement system operated by a municipal 9,364
corporation, plus any increases in salary that would have been
granted the deceased member. 9,365
(12) "Killed in the line of duty" means either of the 9,367
following:
(a) Death in the line of duty; 9,369
(b) Death from injury sustained in the line of duty, 9,372
221
including heart attack or other fatal injury or illness caused
while in the line of duty. 9,373
(B) A spouse of a deceased member shall receive a death 9,375
benefit each month equal to the full death benefit amount, 9,376
provided that the deceased member was a firefighter or police 9,377
officer killed in the line of duty and there are no surviving 9,378
children eligible for a benefit under this section. The spouse 9,379
shall receive this benefit during the spouse's natural life until 9,381
the earlier of the deceased member's retirement eligibility date 9,382
or the spouse's remarriage, on which date the benefit provided 9,383
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 9,385
firefighter or police officer is survived only by a child or 9,388
children, the child or children shall receive a benefit each 9,389
month equal to the full death benefit amount. If there is more 9,390
than one surviving child, the benefit shall be divided equally 9,392
among these children.
(2) If the death benefit paid under this division is 9,394
divided among two or more surviving children and any of the 9,395
children become ineligible to continue receiving a portion of the 9,396
benefit as provided in division (H) of this section, the full 9,397
death benefit amount shall be paid to the remaining eligible 9,398
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 9,399
death benefit amount. 9,400
(3) Notwithstanding divisions (C)(1) and (2) of this 9,403
section, all death benefits paid under this division shall 9,404
terminate on the deceased member's retirement eligibility date. 9,405
(D) If a member killed in the line of duty as a 9,407
firefighter or police officer is survived by both a spouse and a 9,408
child or children, the monthly benefit provided shall be as 9,409
follows: 9,410
(1)(a) If there is a surviving spouse and one surviving 9,412
child, the spouse shall receive an amount each month equal to 9,414
222
one-half of the full death benefit amount and the child shall 9,416
receive an amount equal to one-half of the full death benefit 9,417
amount.
(b) If the surviving spouse becomes ineligible to continue 9,419
receiving a death benefit due to remarriage or death, DIES or the 9,420
child becomes ineligible as provided in division (H) of this 9,422
section, the surviving spouse or child remaining eligible shall 9,423
receive the full death benefit amount. 9,424
(2)(a) If there is a surviving spouse and more than one 9,426
child, the spouse shall receive an amount each month equal to 9,428
one-third of the full death benefit amount and the children shall 9,430
receive an amount, equally divided among them, equal to 9,431
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 9,433
a death benefit under division (D)(2)(a) of this section and the 9,435
spouse becomes ineligible to receive a benefit due to remarriage 9,436
or death DIES, the children shall receive an amount each month, 9,437
equally divided among them, equal to the full death benefit 9,438
amount.
(c) If a spouse and more than one child each are receiving 9,440
a benefit under division (D)(2)(a) of this section and any of the 9,442
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 9,443
child or children shall receive a death benefit as follows: 9,444
(i) If there are two or more remaining eligible children, 9,446
the spouse shall receive an amount each month equal to one-third 9,447
of the full death benefit amount and the children shall receive 9,448
an amount each month, equally divided among them, equal to 9,449
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 9,451
shall receive an amount each month equal to one-half of the full 9,452
death benefit amount, and the child shall receive an amount each 9,453
month equal to one-half of the full death benefit amount. 9,454
(d) If a spouse and more than one child each are receiving 9,456
223
a benefit under division (D)(2)(a) of this section and all of the 9,458
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 9,459
death benefit amount. 9,460
(3) Notwithstanding divisions (D)(1) and (2) of this 9,462
section, death benefits paid under this division to a surviving 9,463
spouse shall terminate on the earlier of the member's retirement 9,465
eligibility date or the spouse's remarriage. Death benefits paid 9,466
to a surviving child or children shall terminate on the deceased 9,467
member's retirement eligibility date unless earlier terminated 9,468
pursuant to division (H) of this section. 9,469
(E) If a member, on or after January 1, 1980, is killed in 9,472
the line of duty as a firefighter or police officer and is 9,473
survived by only a parent or parents dependent upon the member 9,475
for support, the parent or parents shall receive an amount each 9,477
month equal to the full death benefit amount. If there is more 9,479
than one surviving parent dependent upon the deceased member for 9,480
support, the death benefit amount shall be divided equally among 9,481
the surviving parents. On the death of one of the surviving 9,482
parents, the full death benefit amount shall be paid to the other
parent. 9,483
(F) A surviving spouse whose benefits are terminated in 9,485
accordance with division (B) or (D)(3) of this section on the 9,486
deceased member's retirement eligibility date, or who would 9,487
qualify for a benefit under division (B) or (D) of this section 9,488
except that the deceased member reached the member's retirement 9,489
eligibility date prior to the member's death, shall receive a 9,490
monthly death benefit under this division. The monthly death 9,492
benefit shall be one-half of an amount equal to the monthly 9,493
salary received by the deceased member prior to the member's 9,494
death, plus any salary increases the deceased member would have 9,496
received prior to the member's retirement eligibility date. The 9,498
benefit shall terminate on the surviving spouse's remarriage or 9,499
death. A death benefit payable under this division shall be 9,501
224
reduced by an amount equal to any allowance or benefit payable to 9,502
the surviving spouse under section 742.3714 of the Revised Code. 9,503
(G)(1) If there is not a surviving spouse eligible to 9,507
receive a death benefit under division (F) of this section or the 9,508
surviving spouse receiving a death benefit under that division 9,509
becomes ineligible to receive the benefit due to remarriage or 9,510
death DIES, a surviving child or children whose benefits under 9,512
division (C) or (D) of this section are or have been terminated 9,513
pursuant to division (C)(3) or (D)(3) of this section or who 9,515
would qualify for a benefit under division (C) or (D) of this 9,516
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 9,517
receive a monthly death benefit under this division. The monthly 9,518
death benefit shall be one-half of an amount equal to the monthly 9,519
salary received by the deceased member prior to the member's 9,520
death, plus any salary increases the member would have received 9,522
prior to the member's retirement eligibility date. If there is 9,523
more than one surviving child, the benefit shall be divided 9,524
equally among the surviving children. 9,525
(2) If two or more surviving children each are receiving a 9,527
benefit under this division and any of those children becomes 9,528
ineligible to continue receiving a benefit as provided in 9,529
division (H) of this section, the remaining eligible child or 9,530
children shall receive an amount equal to one-half of the monthly 9,531
salary received by the deceased member prior to death, plus any 9,532
salary increases the deceased member would have received prior to 9,533
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 9,534
among the eligible children. 9,535
(3) A death benefit, or portion of a death benefit, 9,537
payable to a surviving child under this division shall be reduced 9,538
by an amount equal to any allowance or benefit payable to that 9,539
child under section 742.3714 of the Revised Code, but the 9,540
reduction in that child's benefit shall not affect the amount 9,541
225
payable to any other surviving child entitled to a portion of the 9,542
death benefit.
(H) A death benefit paid to a surviving child under 9,545
division (C), (D), or (G) of this section shall terminate on the 9,546
death of the child or, unless one of the following is the case, 9,547
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 9,549
is unable to provide the child's own support, in which case the 9,550
death benefit shall terminate when the disability is removed; 9,552
(2) The child is unmarried, under age twenty-two, and a 9,554
student in and attending an institution of learning or training 9,555
pursuant to a program designed to complete in each school year 9,556
the equivalent of at least two-thirds of the full-time curriculum 9,557
requirements of the institution, as determined by the trustees of 9,558
the fund.
(I) Acceptance of any death benefit under this section 9,560
does not prohibit a spouse or child from receiving other benefits 9,561
provided under the police and firemen's disability and pension 9,562
fund, the state highway patrol retirement system, the public 9,563
employees retirement system, or a retirement system operated by a 9,564
municipal corporation. 9,565
(J) No person shall receive a benefit under this section 9,567
if any of the following occur: 9,568
(1) The person fails to exercise the right to a monthly 9,570
survivor benefit under division (A) or (B) of section 145.45, 9,571
division (D), (E), or (F) of section 742.37, or division (A)(3), 9,572
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 9,573
survivor benefit from a retirement system operated by a municipal 9,574
corporation; or to a retirement allowance under section 742.3714 9,575
of the Revised Code. 9,576
(2) The member's accumulated contributions under this 9,578
chapter or Chapter 145. or 5505. of the Revised Code are refunded 9,579
unless the member had been a member of the public employees 9,580
retirement system and had fewer than eighteen months of total 9,581
226
service credit at the time of death. 9,582
(3) In the case of a full-time park district ranger or 9,584
patrol trooper, a full-time law enforcement officer of the 9,586
department of natural resources, a full-time law enforcement 9,587
officer of parks, waterway lands, or reservoir lands under the 9,588
control of a municipal corporation, a full-time law enforcement 9,589
officer of a conservancy district, a correction officer at an 9,590
institution under the control of a county, group of counties, or 9,591
municipal corporation, or a member of a retirement system 9,592
operated by a municipal corporation who at the time of the 9,593
member's death was a full-time law enforcement officer of parks, 9,595
waterway lands, or reservoir lands under the control of the 9,596
municipal corporation, the member died prior to April 9, 1981, in 9,597
the case of a benefit under division (B), (C), or (D) of this 9,598
section, or prior to January 1, 1980, in the case of a benefit 9,599
under division (E) of this section. 9,600
(4) In the case of a full-time department of public safety 9,602
enforcement agent who prior to the effective date of this 9,603
amendment JUNE 30, 1999, was a liquor control investigator of the 9,606
department of public safety, the member died prior to December
23, 1986; 9,607
(5) In the case of a full-time department of public safety 9,609
enforcement agent other than an enforcement agent who, prior to 9,610
the effective date of this amendment JUNE 30, 1999, was a liquor 9,612
control investigator, the member died prior to the effective date 9,614
of this amendment JUNE 30, 1999.
(K) A SURVIVING SPOUSE WHOSE BENEFIT WAS TERMINATED PRIOR 9,616
TO THE EFFECTIVE DATE OF THIS AMENDMENT DUE TO REMARRIAGE SHALL 9,617
RECEIVE A BENEFIT UNDER DIVISION (B), (D), OR (F) OF THIS SECTION 9,618
BEGINNING ON THE FIRST DAY OF THE MONTH FOLLOWING RECEIPT BY THE 9,619
BOARD OF AN APPLICATION ON A FORM PROVIDED BY THE BOARD. THE 9,620
BENEFIT AMOUNT SHALL BE DETERMINED AS OF THAT DATE. 9,621
(1) IF THE BENEFIT WILL BEGIN PRIOR TO THE DECEASED 9,623
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 9,624
227
DIVISION (B) OR (D) OF THIS SECTION AND SHALL TERMINATE AS 9,625
PROVIDED IN THOSE DIVISIONS. A BENEFIT PAID TO A SURVIVING 9,626
SPOUSE UNDER DIVISION (D) OF THIS SECTION SHALL BE DETERMINED IN 9,628
ACCORDANCE WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING 9,629
CHILDREN ARE REDUCED AS A RESULT. 9,630
(2) IF THE BENEFIT WILL BEGIN ON OR AFTER THE DECEASED 9,632
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 9,633
DIVISION (F) OF THIS SECTION AND SHALL TERMINATE AS PROVIDED IN 9,634
THAT DIVISION. A BENEFIT PAID TO A SURVIVING SPOUSE UNDER 9,635
DIVISION (F) OF THIS SECTION SHALL BE DETERMINED IN ACCORDANCE 9,636
WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING CHILDREN 9,637
ARE TERMINATED AS A RESULT.
Sec. 753.19. (A) If a person who was convicted of or 9,646
pleaded guilty to an offense of violence that is a felony or was 9,647
indicted or otherwise charged with the commission of an offense 9,648
of violence that is a felony escapes from a jail or workhouse of 9,649
a municipal corporation or otherwise escapes from the custody of 9,650
a municipal corporation, the chief of police or other chief law 9,651
enforcement officer of that municipal corporation immediately 9,652
after the escape shall cause notice of REPORT the escape, BY 9,654
TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT AGENCIES 9,655
WITH JURISDICTION OVER THE PLACE WHERE THE PERSON ESCAPED FROM
CUSTODY, TO THE STATE HIGHWAY PATROL, TO THE DEPARTMENT OF 9,656
REHABILITATION AND CORRECTION IF THE ESCAPED PERSON IS A PRISONER 9,657
UNDER THE CUSTODY OF THE DEPARTMENT WHO IS IN THE JAIL OR 9,659
WORKHOUSE, TO THE PROSECUTING ATTORNEY OF THE COUNTY, AND to be 9,660
published in a newspaper of general circulation in the municipal 9,661
corporation and in a newspaper of general circulation in each 9,662
county in which part of the municipal corporation is located. 9,663
The chief law enforcement officer also immediately after the 9,664
escape shall give notice of the escape by telephone and in 9,665
writing to the prosecuting attorney of the county in which the 9,666
offense was committed. Upon THE WRITTEN NOTICE MAY BE BY EITHER 9,667
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 9,669
228
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 9,671
CODE.
(B) UPON the apprehension of the escaped person, the chief 9,674
law enforcement officer shall give notice of the apprehension of 9,675
the escaped person by telephone and in writing to the prosecuting 9,676
attorney PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 9,677
Sec. 901.41. As used in this section and in section 901.42 9,687
of the Revised Code:
(A) "Director" means the director of agriculture or the 9,689
designee of the director of agriculture. 9,690
(B) "Exhibition" means a display of animals that is open 9,693
to the public.
(C) "National exhibition" means an exhibition where 9,695
species from fifteen or more states or nations are exhibited. 9,696
(D) "Nonprofit association" means any corporation, 9,698
society, partnership, or other organization formed under the laws 9,699
of this state or another state or nation providing for the 9,700
establishment and governance of nonprofit entities. 9,701
(E) "Ohio expositions center" means the property that is 9,704
held by this state for the purpose of conducting fairs, 9,705
expositions, and exhibits and that is maintained and managed by 9,706
the Ohio expositions commission under section 991.03 of the 9,707
Revised Code.
(F) "Premium awards" means money, ribbons, banners, 9,710
medals, achievement pins, trophies, or merchandise presented for 9,711
animals of superior quality. 9,712
(G) "Rental costs" means the costs associated with the 9,715
rental of the facilities, or a portion thereof, at the Ohio 9,716
expositions center, including, without limitation, grounds, 9,717
buildings, pens, animal feeding or watering equipment, and 9,718
tieouts. "Rental costs" also include INCLUDES labor costs 9,719
associated with set-up, tear-down, and security. 9,721
(H) "Species" means dairy cattle, beef cattle, swine, 9,723
RABBITS, POULTRY, and sheep. 9,724
229
Sec. 901.62. (A) The agricultural financing commission 9,733
shall consist of eight NINE members. Six of the members shall be 9,735
appointed by the governor with the advice and consent of the 9,736
senate. The director of agriculture, THE DIRECTOR OF 9,738
DEVELOPMENT, and the treasurer of state or, in their absence, 9,739
their designees, shall also be voting members of the commission. 9,740
Of the six appointed members, three shall have experience in 9,741
agriculture, and three shall have experience in agricultural 9,742
finance, including lending and loan servicing. No more than four 9,743
of the appointed members of the commission shall be of the same 9,744
political party. The speaker of the house of representatives and 9,745
the president of the senate shall each recommend to the governor 9,746
one person for consideration as one of the governor's 9,747
appointments. Terms of office for appointed members shall be for 9,748
six years commencing on the first day of February and ending on 9,749
the thirty-first day of January. Each member shall hold office 9,750
from the date of his appointment until the end of the term for 9,751
which he was appointed. Any member appointed to fill a vacancy 9,752
occurring prior to the expiration of the term for which his THE 9,753
MEMBER'S predecessor was appointed shall hold office for the 9,755
remainder of such THAT term. Any appointed member shall continue 9,757
in office subsequent to the expiration date of his THE MEMBER'S 9,758
term until his THE MEMBER'S successor takes office, or until a 9,759
period of sixty days has elapsed, whichever occurs first. Each 9,761
appointed member may be removed from office by the governor for 9,762
misfeasance, nonfeasance, or malfeasance in office, or for 9,763
failure to attend in person three consecutive meetings of the 9,764
agency COMMISSION.
(B) The director of agriculture shall be the chairman 9,766
CHAIRPERSON of the commission. The commission shall elect one of 9,768
its appointed members as vice-chairman VICE-CHAIRPERSON and such 9,769
other officers as it considers necessary, who need not be members 9,771
of the commission. Each appointed member of the commission shall 9,772
receive compensation at the rate of fifty dollars per commission 9,773
230
meeting attended in person, not to exceed a maximum of three 9,774
thousand dollars per year. All members shall be reimbursed for 9,775
their actual and necessary expenses incurred in the discharge of 9,776
their official duties. Members of the commission shall file with 9,777
the Ohio ethics commission the disclosure statement described in 9,778
division (A) of section 102.02 of the Revised Code on the form 9,779
prescribed by the Ohio ethics commission and subject to divisions 9,780
(C) and (D) of that section. 9,781
(C) Five members of the commission constitute a quorum, 9,783
and the affirmative vote of five members shall be necessary for 9,784
any action taken by the commission. No vacancy in membership of 9,785
the commission impairs the right of a quorum to exercise all the 9,786
rights and perform all the duties of the commission. Meetings of 9,787
the commission may be held at any place within the state. 9,788
Meetings of the commission, including notice of the place of 9,789
meetings, shall comply with section 121.22 of the Revised Code. 9,790
Sec. 901.63. (A) The agricultural financing commission 9,799
shall do both of the following until June 30, 1999 JULY 1, 2001: 9,801
(1) Make recommendations to the director of agriculture 9,803
about financial assistance applications made pursuant to sections 9,805
901.80 to 901.83 of the Revised Code. In making its 9,806
recommendations, the commission shall utilize criteria 9,807
established by rules adopted under division (A)(8)(b) of section 9,808
901.82 of the Revised Code. 9,809
(2) Advise the director in the administration of sections 9,811
901.80 to 901.83 of the Revised Code. 9,812
With respect to sections 901.80 to 901.83 of the Revised 9,815
Code, the role of the commission is solely advisory. No officer, 9,816
member, or employee of the commission is liable for damages in a 9,817
civil action for any injury, death, or loss to person or property 9,818
that allegedly arises out of purchasing any loan or providing a 9,819
loan guarantee, failure to purchase a loan or provide a loan 9,820
guarantee, or failure to take action under sections 901.80 to 9,821
901.83 of the Revised Code, or that allegedly arises out of any 9,822
231
act or omission of the department of agriculture that involves 9,823
those sections. 9,824
(B) The commission may: 9,826
(1) Adopt bylaws for the conduct of its business; 9,828
(2) Exercise all rights, powers, and duties conferred on 9,830
the commission as an issuer under Chapter 902. of the Revised 9,831
Code; 9,832
(3) Contract with, retain, or designate financial 9,834
consultants, accountants, and such other consultants and 9,835
independent contractors as the commission may determine to be 9,836
necessary or appropriate to carry out the purposes of this 9,837
chapter and to fix the terms of those contracts; 9,838
(4) Undertake and carry out or authorize the completion of 9,840
studies and analyses of agricultural conditions and needs within 9,841
the state relevant to the purpose of this chapter to the extent 9,842
not otherwise undertaken by other departments or agencies of the 9,843
state satisfactory for such purpose; 9,844
(5) Acquire by gift, purchase, foreclosure, or other 9,846
means, and hold, assign, pledge, lease, transfer, or otherwise 9,847
dispose of, real and personal property, or any interest in that 9,849
real and personal property, in the exercise of its powers and the 9,850
performance of its duties under this chapter and Chapter 902. of 9,851
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 9,853
financial or other form of aid from any federal, state, local, or 9,854
private agency or fund and enter into any contract with any such 9,855
agency or fund in connection therewith, and receive and accept 9,856
aid or contributions from any other source of money, property, 9,857
labor, or things of value, to be held, used, and applied only for 9,858
the purposes for which such grants and contributions are made, 9,859
all within the purposes of this chapter and Chapter 902. of the 9,860
Revised Code; 9,861
(7) Sue and be sued in its own name with respect to its 9,863
contracts or to enforce this chapter or its obligations or 9,864
232
covenants made under this chapter and Chapter 902. of the Revised 9,865
Code; 9,866
(8) Make and enter into all contracts, commitments, and 9,868
agreements, and execute all instruments necessary or incidental 9,869
to the performance of its duties and the execution of its powers 9,870
under this chapter and Chapter 902. of the Revised Code; 9,871
(9) Adopt an official seal; 9,873
(10) Do any and all things necessary or appropriate to 9,875
carry out the public purposes and exercise the powers granted to 9,876
the commission in this chapter and Chapter 902. of the Revised 9,877
Code and the public purposes of Section 13 of Article VIII, Ohio 9,878
Constitution. 9,879
Sec. 924.51. (A) There is hereby created the Ohio grape 9,888
industries committee consisting of nine members. The members 9,889
shall be the director of agriculture or the director's designee, 9,890
who shall chair the committee, the director of liquor control or 9,891
the director's designee, the chief of the division of markets of 9,893
the department of agriculture, the viticulture extension 9,894
specialist of the Ohio agricultural research and development 9,895
center, WHO SHALL BE A NONVOTING MEMBER, and five members who 9,896
shall be appointed by the director of agriculture. 9,897
(B) Of the five members of the committee appointed by the 9,899
director of agriculture, two shall be persons who receive the 9,900
major portion of their income from the production of grapes. The 9,901
term of one of these members shall begin January 1, 1982, and end 9,902
December 31, 1982, and the second member's term shall begin 9,903
January 1, 1982, and end December 31, 1983. Two members shall be 9,904
persons who receive the major portion of their income from the 9,905
production of wine from raw grape or fruit products in either raw 9,906
fruit or fresh juice form. The term of one of these members 9,907
shall begin January 1, 1982, and end December 31, 1982, and the 9,908
second member's term shall begin January 1, 1982, and end 9,909
December 31, 1983. One member shall be a person the major 9,910
portion of whose income is from the production of grape products 9,911
233
other than wine, such as juice, jams, or jellies; that member's 9,912
term shall begin January 1, 1982, and end December 31, 1984. 9,913
Thereafter, the terms for each appointed member of the committee 9,914
shall be for three years, commencing on the first day of January 9,915
and ending on the thirty-first day of December. No appointed 9,916
member shall serve more than two consecutive terms. The director 9,917
may remove any appointed member for cause. 9,918
(C) Members shall be appointed to fill vacancies caused by 9,920
death, resignation, or removal in the same manner prescribed for 9,921
regular appointment to the committee. Any member appointed to 9,922
fill a vacancy occurring prior to the expiration of the term for 9,923
which the member's predecessor was appointed shall hold office 9,924
for the remainder of the term. Any member shall continue in 9,926
office subsequent to the expiration date of that member's term 9,927
until that member's successor takes office, or until a period of 9,929
sixty days has elapsed, whichever occurs first. 9,930
(D) All members of the committee are entitled to their 9,932
actual and necessary expenses incurred in the performance of 9,933
their duties as members, payable from moneys received from the 9,934
Ohio grape industries fund created under section 924.54 of the 9,935
Revised Code. 9,936
(E) A majority of the committee constitutes a quorum. 9,938
Sec. 924.52. (A) The Ohio grape industries committee may 9,947
DO ANY OR ALL OF THE FOLLOWING: 9,948
(1) Conduct, and contract with others to conduct, 9,950
research, including the study, analysis, dissemination, and 9,951
accumulation of information obtained from the research or 9,952
elsewhere, concerning the marketing and distribution of grapes 9,953
and grape products, the storage, refrigeration, processing, and 9,954
transportation of them, and the production and product 9,955
development of grapes and grape products. The committee shall 9,956
expend for these activities no less than thirty per cent and no 9,957
more than seventy per cent of all money it receives from the Ohio 9,958
grape industries fund created under section 924.54 of the Revised 9,959
234
Code. 9,960
(2) Provide the wholesale and retail trade with 9,962
information relative to proper methods of handling and selling 9,963
grapes and grape products; 9,964
(3) Make or contract for market surveys and analyses, 9,966
undertake any other similar activities that it determines are 9,967
appropriate for the maintenance and expansion of present markets 9,968
and the creation of new and larger markets for grapes and grape 9,969
products, and make, in the name of the committee, contracts to 9,970
render service in formulating and conducting plans and programs 9,971
and such other contracts or agreements as THAT the committee 9,973
considers necessary for the promotion of the sale of grapes and 9,974
grape products. The committee shall expend for these activities 9,975
no less than thirty per cent and no more than seventy per cent of 9,976
all money it receives from the fund. 9,977
(4) ENTER INTO CONTRACTS FOR SERVICES TO SUPPORT THE 9,979
ADMINISTRATIVE FUNCTIONS OF THE COMMITTEE; 9,980
(5) ADVERTISE FOR, POST NOTICES SEEKING, OR OTHERWISE 9,982
SOLICIT APPLICANTS FROM AMONG EXISTING EMPLOYEES OF THE 9,983
DEPARTMENT OF AGRICULTURE TO SERVE IN ADMINISTRATIVE POSITIONS IN 9,984
THE DEPARTMENT TO SUPPORT THE ADMINISTRATIVE FUNCTIONS OF THE 9,985
COMMITTEE. APPLICATIONS SHALL BE SUBMITTED TO THE COMMITTEE.
THE COMMITTEE SHALL SUBMIT A LIST OF RECOMMENDED APPLICANTS TO 9,986
THE DIRECTOR, WHO SHALL SELECT EMPLOYEES FROM THE LIST. THE 9,987
EMPLOYEES NEED NOT BE CERTIFIED FROM AN ELIGIBLE LIST. 9,988
(6) Publish and distribute to producers and others 9,991
information relating to the grape and grape product industries; 9,992
(5)(7) Propose to the director of agriculture for 9,994
adoption, rescission, or amendment, pursuant to Chapter 119. of 9,996
the Revised Code, rules necessary for the exercise of its powers 9,997
and the performance of its duties. 9,998
(B) The committee shall DO BOTH OF THE FOLLOWING: 10,000
(1) Promote the sale of grapes and grape products for the 10,002
purpose of maintaining and expanding present markets and creating 10,003
235
new and larger intrastate, interstate, and foreign markets for 10,004
grapes and grape products, and inform the public of the uses and 10,005
benefits of grapes and grape products; 10,006
(2) Perform all acts and exercise all powers incidental 10,008
to, in connection with, or considered reasonably necessary, 10,009
proper, or advisable to effectuate the purposes of this section. 10,010
Sec. 1101.15. (A)(1) Except as provided in division 10,019
(A)(2) of this section, no person other than a bank doing 10,020
business under authority granted by the superintendent of 10,021
financial institutions, the bank chartering authority of another 10,022
state, the office of the comptroller of the currency, or the bank 10,024
chartering authority of a foreign country shall do either of the 10,025
following:
(a) Use "bank," "banker," or "banking," or a word or words 10,027
of similar meaning in any other language, as a designation or 10,028
name, or as part of a designation or name, under which business 10,029
is or may be conducted in this state; 10,030
(b) Represent itself as a bank. 10,032
(2)(a) A corporation doing business under Chapter 1151. of 10,035
the Revised Code may use the phrase WORD "savings bank," 10,037
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,039
business is or may be conducted in this state, as provided in 10,041
section 1151.07 of the Revised Code. 10,042
(b) A corporation doing business under Chapter 1161. of 10,045
the Revised Code may use the phrase WORD "savings bank," 10,047
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,050
business is or may be conducted in this state, as provided in 10,051
section 1161.09 of the Revised Code. 10,052
(c) A corporation doing business under authority granted 10,054
by the office of thrift supervision may use the phrase WORD 10,055
"savings bank," "BANKER," OR "BANKING," OR A WORD OR WORDS OF 10,057
SIMILAR MEANING IN ANY OTHER LANGUAGE, as part of a designation 10,059
236
or name under which business is or may be conducted in this 10,060
state.
(d) A nonprofit organization, whether or not incorporated 10,062
under Chapter 1702. of the Revised Code, may use THE WORD "bank," 10,063
"banker," or "banking," or a word or words of similar meaning in 10,066
any other language, as part of a designation or name under which 10,067
business is or may be conducted if the superintendent determines 10,068
the organization's use is not likely to mislead the public and
authorizes the organization to use the word or words. 10,069
(B)(1) Except as provided in division (B)(2) of this 10,072
section, no person, other than a corporation licensed in
accordance with authority granted in Chapter 1111. OF THE REVISED 10,073
CODE as a trust company, a savings and loan association licensed 10,075
under section 1151.348 of the Revised Code to serve as a 10,076
fiduciary, a national bank with trust powers, or a federal
savings association with trust powers, shall do either of the 10,077
following:
(a) Use the word "trust," or a word or words of similar 10,079
meaning in any other language, as a designation or name, or part 10,080
of a designation or name, under which business is or may be 10,081
conducted in this state;
(b) Otherwise represent itself as a fiduciary or trust 10,083
company.
(2)(a) A person that is not required to be licensed under 10,085
Chapter 1111. of the Revised Code may serve as a fiduciary and, 10,086
when acting in that fiduciary capacity, otherwise represent 10,088
himself, herself, or itself SUCH PERSON as a fiduciary. 10,089
(b) A person licensed by another state to serve as a 10,091
fiduciary and exempt from licensure under Chapter 1111. of the 10,092
Revised Code may serve as a fiduciary to the extent permitted by 10,093
the exemption.
(c) A savings and loan association may serve as a trustee 10,095
to the extent authorized by section 1151.191 of the Revised Code. 10,096
(d) A savings bank may serve as a trustee to the extent 10,098
237
authorized by section 1161.24 of the Revised Code. 10,099
(e) A charitable trust, business trust, real estate 10,101
investment trust, personal trust, or other bona fide trust may 10,103
use the word "trust" or a word or words of similar meaning in any 10,104
other language, as a designation or name, or part of a
designation or name, under which business is or may be conducted. 10,105
(f) A nonprofit organization, whether or not incorporated 10,107
under Chapter 1702. of the Revised Code, may use "trust" or a 10,109
word or words of similar meaning in any other language, as a 10,110
designation or name, or part of a designation or name, under 10,111
which business is or may be conducted, if the superintendent 10,112
determines the organization's use is not likely to mislead the
public and authorizes the organization to use the word or words. 10,113
(C) No bank shall use "state" as part of a designation or 10,115
name under which it transacts business in this state, unless the 10,116
bank is doing business under authority granted by the 10,117
superintendent or the bank chartering authority of another state. 10,118
Sec. 1107.15. A bank's board of directors may declare 10,127
dividends and distributions on the bank's outstanding shares, 10,128
subject to all of the following conditions: 10,129
(A) Payment EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) 10,131
OF THIS SECTION, PAYMENT of a dividend or distribution may only 10,132
be funded from undivided profits. 10,134
(B) A dividend or distribution may be FUNDED, IN WHOLE OR 10,137
IN PART, FROM SURPLUS WITH THE APPROVAL OF BOTH OF THE FOLLOWING: 10,138
(1) THE HOLDERS OF AT LEAST TWO-THIRDS OF THE OUTSTANDING 10,140
SHARES OF EACH CLASS OF THE BANK'S STOCK; 10,141
(2) THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS. 10,143
(C) A DIVIDEND OR DISTRIBUTION MAY BE paid in treasury 10,146
shares or in authorized but unissued shares, if the board makes 10,147
the required transfers to surplus and paid-in capital. 10,148
(C)(D) The approval of the superintendent of financial 10,150
institutions is required for the declaration of dividends and 10,152
distributions if the total of all dividends and distributions 10,153
238
declared on the bank's shares in any year, and not paid in 10,154
shares, exceeds the total of its net income for that year
combined with its retained net income of the preceding two years. 10,155
(D)(E) Prior to the declaration of any dividend or 10,157
distribution the bank has made all required allocations to 10,159
reserves for losses or contingencies. 10,160
Sec. 1109.23. (A) No bank may extend credit to any of its 10,170
executive officers, directors, or principal shareholders, or to
any of their related interests, except as authorized by this 10,171
section.
(B)(1) A bank may extend credit to any of its executive 10,173
officers, directors, or principal shareholders, or to any of 10,174
their related interests, only if all of the following apply to 10,175
the extension of credit: 10,176
(1)(a) The extension of credit is made on substantially 10,178
the same terms, including interest rates and collateral, as those 10,179
terms prevailing at the time for comparable transactions by the 10,180
bank with persons who are not executive officers, directors, 10,181
principal shareholders, or employees of the bank. 10,182
(2)(b) The extension of credit does not involve more than 10,184
the normal risk of repayment or present other unfavorable 10,185
features.
(3)(c) The bank follows credit underwriting procedures 10,187
that are not less stringent than those applicable to comparable 10,188
transactions by the bank with persons who are not executive 10,189
officers, directors, principal shareholders, or employees of the 10,190
bank. 10,191
(2) NOTHING IN DIVISION (B)(1) OF THIS SECTION SHALL BE 10,194
CONSTRUED TO PROHIBIT ANY EXTENSION OF CREDIT MADE PURSUANT TO A 10,195
BENEFIT OR COMPENSATION PROGRAM THAT MEETS BOTH OF THE FOLLOWING 10,196
CONDITIONS: 10,197
(a) THE PROGRAM IS WIDELY AVAILABLE TO ALL EMPLOYEES OF 10,199
THE BANK; 10,200
(b) THE PROGRAM DOES NOT GIVE PREFERENCE TO ANY OFFICER, 10,202
239
DIRECTOR, OR PRINCIPAL SHAREHOLDER OF THE BANK, OR TO ANY RELATED 10,203
INTEREST OF AN OFFICER, DIRECTOR, OR PRINCIPAL SHAREHOLDER, OVER 10,205
OTHER EMPLOYEES OF THE BANK.
(C) A bank may extend credit to any of its executive 10,207
officers, directors, or principal shareholders, or to any of 10,208
their related interests, in an amount that, when aggregated with 10,209
the amount of all outstanding extensions of credit by the bank to 10,210
the executive officer, director, or principal shareholder and 10,212
that person's related interests, would exceed an amount 10,214
prescribed by the superintendent of financial institutions, only 10,215
if both of the following conditions are met: 10,216
(1) The extension of credit has been approved in advance 10,218
by a majority vote of the bank's entire board of directors. 10,219
(2) The executive officer, director, or principal 10,221
shareholder, who or whose related interest would be obligated on 10,222
the extension of credit, has abstained from participating, 10,223
directly or indirectly, in the deliberations or voting on the 10,224
extension of credit. 10,225
(D) A bank may extend credit to any of its executive 10,227
officers, directors, or principal shareholders, or to any of 10,228
their related interests, only if the extension of credit is in an 10,230
amount that, when aggregated with the amount of all outstanding 10,231
extensions of credit by the bank to the executive officer, 10,233
director, or principal shareholder and that person's related 10,234
interests, would not exceed the limit on loans to a single 10,235
borrower established by section 1109.22 of the Revised Code. 10,236
(E)(1) A bank may extend credit to any of its executive 10,238
officers, directors, or principal shareholders, or to any of 10,239
their related interests, if the extension of credit is in an 10,240
amount that, when aggregated with the amount of all outstanding 10,241
extensions of credit by the bank to all of its executive 10,242
officers, directors, principal shareholders, and their related 10,244
interests, would not exceed the bank's unimpaired capital. 10,245
(2) The superintendent may prescribe a limit that is more 10,248
240
stringent than the limit contained in division (E)(1) of this 10,249
section.
(3) The superintendent may make exceptions to division 10,252
(E)(1) of this section for banks with less than one hundred 10,253
million dollars in deposits, if the superintendent determines 10,254
that the exceptions are important to avoid constricting the 10,255
availability of credit in small communities or to attract 10,256
directors to those banks. In no case may the aggregate amount of 10,257
all outstanding extensions of credit by a bank to all of its 10,258
executive officers, directors, principal shareholders, and their 10,259
related interests, be more than two times the bank's unimpaired 10,260
capital.
(F)(1) If any executive officer or director of a bank has 10,262
an account at the bank, the bank may not pay from that account an 10,263
amount exceeding the funds on deposit in the account. 10,264
(2) Division (F)(1) does not prohibit the bank from paying 10,267
funds in accordance with either of the following:
(a) A written, preauthorized, interest-bearing extension 10,269
of credit specifying a method of repayment; 10,270
(b) A written preauthorized transfer of funds from another 10,272
account of the executive officer or director at that bank. 10,273
(G) No executive officer, director, or principal 10,275
shareholder shall knowingly receive, or knowingly permit any of 10,277
that person's related interests to receive, from a bank, directly 10,278
or indirectly, any extension of credit not authorized under this 10,279
section. 10,280
(H)(1) Subject to division (H)(2) of this section, for 10,282
purposes of this section, any executive officer, director, or 10,284
principal shareholder of any company of which the bank is a 10,285
subsidiary, or of any other subsidiary of that company, is deemed 10,286
to be an executive officer, director, or principal shareholder, 10,287
respectively, of the bank.
(2) The superintendent may make exceptions to the 10,289
application of division (H)(1) of this section, except for the 10,291
241
application of division (B) of this section, for persons ANY 10,292
PERSON who are IS AN executive officers OFFICER or directors 10,293
DIRECTOR of subsidiaries A SUBSIDIARY of a company that controls 10,295
a bank, but who do IF BOTH OF THE FOLLOWING APPLY: 10,296
(a) THE PERSON DOES not have authority to participate, and 10,299
do DOES not participate, in major policymaking functions of the 10,300
bank.
(b) THE ASSETS OF THE SUBSIDIARY DO NOT EXCEED TEN PER 10,302
CENT OF THE CONSOLIDATED ASSETS OF THE COMPANY THAT CONTROLS THE 10,303
BANK, AND THE SUBSIDIARY IS NOT CONTROLLED BY ANY OTHER COMPANY. 10,304
(I) For purposes of this section: 10,306
(1) "Bank" includes any subsidiary of a bank. 10,308
(2)(a) "Company" means any corporation, partnership, 10,310
business or other trust, association, joint venture, pool 10,311
syndicate, sole proprietorship, unincorporated organization, or 10,312
other business entity. 10,313
(b) "Company" does not include either of the following: 10,315
(i) A bank, savings bank, or savings association, the 10,318
deposits of which are insured by the federal deposit insurance 10,319
corporation;
(ii) A corporation the majority of the shares of which are 10,321
owned by the United States or by any state of the United States. 10,322
(3) "Control" of a company or bank by a person means the 10,325
person, directly or indirectly, or acting through or in concert 10,326
with one or more persons, meets any of the following:
(a) The person owns, controls, or has the power to vote 10,328
twenty-five per cent or more of any class of the company's or 10,329
bank's voting securities. 10,330
(b) The person controls in any manner the election of a 10,332
majority of the company's or bank's directors. 10,333
(c) The person has the power to exercise a controlling 10,335
influence over the company's or bank's management or policies. 10,336
(4) "Executive officer" means a person who participates or 10,338
has the authority to participate, other than as a director, in 10,339
242
major policymaking functions of a company or bank. 10,340
(5) To "extend credit" or to make an "extension of credit" 10,342
means to make or renew any loan, to grant a line of credit, or to 10,343
enter into any similar transaction as a result of which an 10,344
executive officer, director, or principal shareholder, or any of 10,346
that person's related interests, becomes obligated, directly,
indirectly, or by any means whatsoever, to pay money or its 10,347
equivalent to the bank. 10,348
(6) "Principal shareholder" means a person who, directly 10,350
or indirectly, or acting through or in concert with one or more 10,351
persons, owns, controls, or has the power to vote more than ten 10,352
per cent of any class of voting securities of a bank or company, 10,354
other than a company of which the bank is a subsidiary. 10,355
(7) "Related interest" of a person means either of the 10,357
following: 10,358
(a) Any company controlled by that person; 10,360
(b) Any political committee or campaign committee that is 10,362
controlled by that person or the funds or services of which will 10,363
benefit that person. 10,364
(8) "Subsidiary" means any company of which a bank or 10,366
company meets any of the following: 10,367
(a) The bank or company owns twenty-five per cent or more 10,369
of the voting shares of the company. 10,370
(b) The bank or company controls in any manner the 10,372
election of a majority of the directors of the company. 10,373
(c) The bank or company has the power, directly or 10,375
indirectly, to exercise a controlling influence with respect to 10,376
the management or policies of the company. 10,377
Sec. 1151.07. (A) The name of every A savings and loan 10,386
association organized after May 11, 1908 SAVINGS BANK, or 10,387
incorporated before said date and changing its name after said 10,389
date, shall begin with any word it may select and end with 10,390
"company" or with "association." Such association also BANK may 10,391
use IN its name in any order it designates, and may use, with 10,393
243
other words not forbidden by law, any of the following words or 10,394
combinations of words: "savings," "building," "loan," "savings 10,395
and loan," or "building and loan, "BANK," "BANKER," OR "BANKING." 10,396
No savings and loan association shall use, singly or in 10,398
combination, any of the following words: "trust," "federal,"
"national," "U.S.," "United States," or "international." 10,399
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,401
NO person, firm, company, association, fiduciary, partnership, or 10,403
corporation, either domestic or foreign, unless he THE PERSON or 10,404
it ENTITY is lawfully authorized to do business in this state 10,406
under the provisions of this chapter and actually is engaged in 10,407
carrying on a savings and loan association business or making 10,408
loans as authorized under section 1151.296 of the Revised Code, 10,409
shall do business under any name or title which THAT contains the 10,411
terms "savings association," "savings and loan association," 10,412
"building and loan association," "building association," or any 10,413
combination employing either or both of the words "building" or 10,414
"loan" with the words "saving" or "savings," or words of similar 10,415
import, or use any name or sign or circulate or use any 10,416
letterhead, billhead, circular or paper whatever, or advertise or 10,417
represent in any manner which THAT indicates that his THE 10,419
PERSON'S or its ENTITY'S business is the character or kind of 10,421
business carried on or transacted by a savings and loan 10,422
association or which THAT leads any person to believe that his 10,423
THE PERSON'S or its ENTITY'S business is that of a savings and 10,424
loan association. Upon application by the superintendent of 10,425
savings and loan associations FINANCIAL INSTITUTIONS or any such 10,426
SAVINGS AND LOAN association, a court of competent jurisdiction 10,428
may issue an injunction to restrain any such entity from 10,429
violating or continuing to violate any of the provisions of THIS 10,430
division (B) of this section. The prohibitions of this division 10,432
shall not apply to any corporation or association formed for the 10,433
purpose of promoting the interests of savings and loan 10,434
associations, the membership of which is comprised of thrift
244
institutions or their officers or other representatives. 10,435
(C) Notwithstanding any provision of the Revised Code, the 10,437
articles of incorporation and constitution of any savings and 10,438
loan association may be amended by its board of directors in 10,439
accordance with section 1151.44 of the Revised Code to change its 10,440
name in a manner by which the words "savings bank" are 10,441
substituted for the words "company" or "association"; provided, 10,442
however that any such amendment shall be submitted to the 10,443
superintendent for approval, upon the grant of which the 10,444
amendment shall be certified by the superintendent to the 10,445
secretary of state for filing. 10,446
Sec. 1151.201. A building and loan association may 10,455
purchase its own shares of permanent stock, if such THE purchase 10,456
is not inconsistent with its articles, constitution, or bylaws: 10,458
(A) To avoid the issuance of or to eliminate fractional 10,460
shares;
(B) From a decedent's estate subject to such reasonable 10,462
terms and conditions as the superintendent by regulation 10,463
prescribes.
Sec. 1155.07. Every savings and loan association organized 10,472
under the laws of this state shall make, as of the thirty-first 10,473
day of December and the thirtieth day of June of each year, a 10,474
report of the affairs and business of the association for the 10,475
preceding half year, showing its financial condition at the end 10,476
thereof. The statement as of the thirty-first day of December 10,477
shall be the annual statement of the association. The 10,478
superintendent of savings and loan associations FINANCIAL 10,479
INSTITUTIONS may also require monthly reports. 10,480
The superintendent may, by written order mailed to the 10,482
managing officer of such an association, require any association 10,483
to submit to him THE SUPERINTENDENT within a reasonable time 10,484
specified in the written order a report concerning its real 10,485
estate and other assets, other than the appraisals required by 10,486
section 1151.54 of the Revised Code. 10,487
245
Any such association refusing or neglecting to file any 10,489
report required by this section within the time specified shall 10,490
forfeit one hundred dollars for every day that such default 10,491
continues unless such penalty, in whole or in part, is waived by 10,492
the superintendent. The superintendent may maintain an action in 10,493
the name of the state to recover such forfeiture which, upon its 10,494
collection, shall be paid into the state treasury to the credit 10,495
of the division of savings and loan associations INSTITUTIONS 10,497
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE.
Every such association shall maintain adequate, complete, 10,499
and correct accounts and shall observe such generally accepted 10,500
accounting principles and practices or generally accepted 10,501
auditing standards, as the superintendent prescribes. The 10,502
superintendent shall demand once a year, and at the expense of 10,503
the association, that its accounts be audited by an independent 10,504
auditor. A copy of the audit report shall be submitted to the 10,505
board of directors of the association and filed, together with 10,506
management's reponse, with the superintendent within thirty days 10,507
after presentation of the completed report to the board or not 10,508
later than the thirty-first day of March of the year next 10,509
succeeding the year for which the audit was conducted, whichever 10,510
occurs first, unless the time is extended by the superintendent. 10,511
At the conclusion of his THE audit of an association, an 10,513
independent auditor shall attend a meeting at which there are 10,514
present only the outside directors of the association or a 10,515
committee comprised of and appointed by such outside directors 10,516
and fully disclose at that time to those directors all audit 10,517
exceptions that developed during the audit and all relevant data 10,518
and information concerning the financial condition, investment 10,519
practices, and other financial policies and procedures of the 10,520
association. The meeting shall be held at a time and place that 10,521
is agreed upon by the independent auditor and the outside 10,522
directors or their committee. A complete record of the 10,523
proceedings of the meeting shall be kept in a minute book that is 10,524
246
maintained solely for the purpose of keeping such records. 10,525
Nothing in this paragraph shall be construed to prevent the 10,526
independent auditor from meeting at other times with inside 10,527
directors, officers, or employees of the association. 10,528
The superintendent may prescribe a schedule for the 10,530
preservation and destruction of books, records, certificates, 10,531
documents, reports, correspondence, and other instruments, 10,532
papers, and writings of such an association, even if such 10,533
association has been liquidated pursuant to law. An association 10,534
may dispose of any books, records, certificates, documents, 10,535
reports, correspondence, and other instruments, papers, and 10,536
writings which have been retained or preserved for the period 10,537
prescribed by the superintendent pursuant to this paragraph. The 10,538
requirements of this paragraph may be complied with by the 10,539
preservation of records in the manner prescribed in section 10,540
2317.41 of the Revised Code. 10,541
Sec. 1155.10. Whenever the superintendent of building and 10,550
loan associations FINANCIAL INSTITUTIONS considers it necessary, 10,552
he THE SUPERINTENDENT may make a special examination of any 10,553
building SAVINGS and loan association, and the expense of such 10,554
THE examination shall be paid by such THE association. Such 10,555
expenses shall be collected by the superintendent and paid into 10,557
the state treasury to the credit of the division of building and 10,558
loan associations SAVINGS INSTITUTIONS fund ESTABLISHED UNDER 10,559
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 10,561
superintendent otherwise than in the ordinary routine of his THE 10,562
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 10,563
opinion, the condition of the association requires such
examination, is a special examination within the meaning of this 10,564
section.
Sec. 1155.13. (A)(1) Each savings and loan association 10,573
subject to inspection and examination by the superintendent of 10,574
financial institutions and transacting business in this state as 10,575
of the thirty-first day of December of the prior fiscal year, or 10,576
247
the savings and loan association's successor in interest, shall 10,577
pay annual assessments to the superintendent as provided in this 10,578
section.
(2) After determining the budget of the division of 10,580
financial institutions for examination and regulation of savings 10,581
and loan associations, but prior to establishing the annual 10,582
assessment amount necessary to fund that budget, the
superintendent shall include any amounts collected but not yet 10,583
expended or encumbered by the superintendent in the previous 10,584
fiscal year's budget and remaining in the building and loan 10,585
associations SAVINGS INSTITUTIONS fund from the amount to be 10,586
assessed. Based upon the resulting budget amount, the 10,587
superintendent shall make an assessment upon each savings and 10,588
loan association based on the total assets as shown on the books 10,589
of the savings and loan association as of the thirty-first day of 10,590
December of the previous fiscal year. The assessments shall be 10,591
collected on an annual or periodic basis within the fiscal year, 10,592
as determined by the superintendent.
(3) A savings and loan association authorized by the 10,594
superintendent to commence business in the period between 10,595
assessments shall pay the actual reasonable costs of the 10,596
division's examinations and visitations.
(B) Assessments and fees charged pursuant to this section 10,598
shall be paid within fourteen days after receiving an invoice for 10,599
payment of the assessment or fee. 10,600
Any assessment or fee collected is not refundable. 10,602
(C) The superintendent shall pay all assessments and fees 10,604
charged pursuant to this section and all forfeitures required to 10,605
be paid to the superintendent into the state treasury to the 10,606
credit of the building and loan associations SAVINGS INSTITUTIONS 10,607
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE. 10,608
(D) Any money deposited into the state treasury to the 10,610
credit of the building and loan associations SAVINGS INSTITUTIONS 10,611
fund, but not expended or encumbered by the superintendent to 10,613
248
defray the costs of administering Chapter CHAPTERS 1151. to 1157. 10,615
of the Revised Code, shall remain in the building and loan
associations SAVINGS INSTITUTIONS fund for expenditures by the 10,616
superintendent in subsequent years in the administration of 10,618
Chapters 1151. to 1157. of the Revised Code.
Sec. 1161.09. (A) The name of every A savings bank 10,627
organized on or after the effective date of this section shall 10,628
begin with any word it may select and end with "company" or with 10,629
"savings bank." No, savings AND LOAN ASSOCIATION, OR bank shall 10,631
MAY use, singly or in combination ITS NAME, WITH OTHER WORDS NOT 10,632
FORBIDDEN BY LAW, any of the following words or abbreviations 10,633
COMBINATIONS OF WORDS: "trust SAVINGS," "federal BUILDING," 10,635
"national LOAN," "U.S. SAVINGS AND LOAN," "United States BUILDING 10,636
AND LOAN," "BANK," "BANKER," or "international BANKING." 10,638
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,640
NO person, firm, company, association, fiduciary, partnership, or 10,642
corporation, either domestic or foreign, unless he THE PERSON or 10,643
it ENTITY is lawfully authorized to do business in this state 10,644
under this chapter and actually is engaged in carrying on a 10,645
savings bank business, shall do business under any name or title 10,646
which THAT contains the terms "savings bank," "savings bank 10,647
company," or words of similar import, or use any name or sign or 10,649
circulate or use any letterhead, billhead, circular or paper 10,650
whatever, or advertise or represent in any manner which THAT 10,651
indicates that his THE PERSON'S or its ENTITY'S business is the 10,654
character or kind of business carried on or transacted by a 10,656
savings bank or which THAT leads any person to believe that his 10,658
THE PERSON'S or its ENTITY'S business is that of a savings bank. 10,659
(C) Upon application by the superintendent of savings 10,661
banks FINANCIAL INSTITUTIONS or any savings bank, a court of 10,662
competent jurisdiction may issue an injunction to restrain any 10,664
entity from violating or continuing to violate division (B) of 10,665
this section.
(D) Division (B) of this section does not apply to any 10,667
249
corporation or association formed for the purpose of promoting 10,668
the interests of savings banks or other similar institutions, 10,669
banks organized under Chapter 1101. of the Revised Code, or 10,670
savings and loan associations organized under Chapter 1151. of 10,671
the Revised Code. 10,672
Sec. 1161.38. A savings bank shall observe the following 10,681
procedures in making real estate loans: 10,682
(A) The savings bank may make loans upon obligations 10,684
secured by a mortgage or deed of trust on real estate, which 10,685
mortgage or deed of trust shall be made directly to the savings 10,686
bank. This section does not prevent a savings bank organized 10,687
under this chapter from accepting additional security when the 10,688
primary and principal security is a mortgage or deed of trust on 10,689
real estate. 10,690
(B) The title of the borrower shall be a fee simple title 10,692
or a leasehold or subleasehold estate in real property extending 10,693
or renewable automatically or at the option of the holder for 10,694
five years after maturity of the loan, if, in the event of 10,695
default, the real estate could be used to satisfy the obligation 10,696
with the same priority as a mortgage or a deed of trust in the 10,697
jurisdiction where the real estate is located. 10,698
(C) In respect to any loan made upon the security of real 10,700
estate, if it is agreed or contemplated that improvements will be 10,701
made on the real estate and become a part of the security, the 10,702
real estate is "improved" within the meaning of division (B) of 10,703
section 1161.36 and section 1161.37 of the Revised Code and the 10,704
value of the improvements shall be included in the appraisal 10,705
value of the real estate. As used in this division, 10,706
"improvements" does not include "development" as defined in 10,707
division (F) of section 1161.39 of the Revised Code. 10,708
(D) No savings bank shall grant a mortgage loan unless it 10,710
has first obtained a written application, signed by the applicant 10,711
borrower or his THE APPLICANT BORROWER'S agent, the form and 10,712
contents of which shall disclose the purpose for which the loan 10,714
250
is sought and the identity of the security property. The records 10,715
for each loan shall contain a written report of the financial 10,716
ability and credit standing of the borrower. 10,717
(E) Machinery and equipment in a building that are adapted 10,719
to the use being made of the land and building and that are 10,720
intended to be permanent additions thereto will constitute a 10,721
portion of the real estate for purposes of this chapter and may 10,722
be appraised in calculating the maximum permissible loan for 10,723
purposes of this chapter notwithstanding that the law of this 10,724
state is otherwise for tax or other special purposes. 10,725
(F) The records for each loan shall include an appraisal 10,727
report prepared and signed by an appraisal committee, or by a 10,728
qualified appraiser designated by its board of directors, prior 10,729
to the approval of an application for a loan, and information and 10,730
data concerning the appraised property to substantiate the market 10,731
value of the security described in the report. The reports shall 10,732
be kept by the savings bank in such form as to be available at 10,733
all times to the examiners or other agents of the superintendent 10,734
of savings banks FINANCIAL INSTITUTIONS. 10,735
(G)(1)(a) Except as provided in division (G)(1)(b) of this 10,737
section, no savings bank shall make any loan LOANS or extension 10,739
EXTENSIONS of credit to any one borrower in excess of THAT, IN 10,740
THE AGGREGATE, EXCEED fifteen per cent of its THE SAVING BANK'S 10,741
unimpaired capital and surplus OR FIVE HUNDRED THOUSAND DOLLARS, 10,742
WHICHEVER IS GREATER. 10,743
(b) A savings bank may extend additional credit to any one 10,745
borrower in an amount equal to ten per cent of the savings bank's 10,746
unimpaired capital and unimpaired surplus, if this additional 10,747
loan is secured by readily marketable collateral having at all 10,748
times a current value of at least one hundred per cent of the 10,749
amount of the loan. If the value of the collateral falls below 10,750
one hundred per cent of the outstanding loan, the loan becomes 10,751
subject to the general fifteen per cent limitation provided in 10,752
division (G)(1)(a) of this section. 10,753
251
(c) Loans or extensions of credit that exceed the fifteen 10,755
per cent GENERAL limitation PROVIDED IN DIVISION (G)(1)(a) OF 10,757
THIS SECTION shall be brought into conformance with THAT division 10,759
(G)(1)(a) of this section within five business days.
(2) The superintendent of savings banks FINANCIAL 10,761
INSTITUTIONS shall adopt rules, in accordance with Chapter 119. 10,763
of the Revised Code, to establish standards governing loans or 10,764
the extension of credit to one borrower. The rules shall be 10,765
consistent with and not less stringent than any rules adopted by 10,766
the federal deposit insurance corporation and the regulations 10,767
issued by the office of the comptroller of the currency, 12 10,768
C.F.R. Part 32, as amended, dealing with limitations on loans and 10,769
extensions of credit to one borrower. 10,770
(H)(1) No savings bank, directly or indirectly, shall make 10,772
any loan to any of its officers, directors, shareholders, 10,773
controlling persons, or to members of their immediate families, 10,774
or to any corporation, partnership, trust, or other form of 10,775
business entity in which any of its officers, directors, 10,776
shareholders, or controlling persons have any interest, except as 10,777
authorized pursuant to section 22(h) of the "Federal Reserve Act 10,778
of 1913," 38 Stat. 251, 48 Stat. 182, and 92 Stat. 3644, 12 10,779
U.S.C. 221, 375a, and 375b, as amended, and in accordance with 10,780
the rules and regulations issued thereunder. 10,781
(2) No savings bank shall make any loan, or otherwise 10,783
extend credit, or engage in any transaction with any of its 10,784
affiliates, except as authorized under sections 23A and 23B of 10,785
the "Federal Reserve Act of 1913," 38 Stat. 251, 48 Stat. 183, 10,786
and 101 Stat. 564, 12 U.S.C. 221, 371c, and 371c-1, as amended. 10,787
(I) The limitations and conditions imposed by this chapter 10,789
do not apply to a purchase money mortgage taken by a savings bank 10,790
upon real estate sold by it, to a mortgage held by a savings bank 10,791
to secure a debt previously contracted, or to prevent or diminish 10,792
loss with respect to loans or renewals of the loans. 10,793
(J) The limitations contained in this chapter, relating to 10,795
252
maximum loan terms and loan-to-value ratios, do not apply to any 10,796
loan on the security of a first lien on real estate that is being 10,797
constructed, remodeled, rehabilitated, modernized, or renovated, 10,798
to be the subject of an annual contributions contract for 10,799
low-rent housing under the "United States Housing Act of 1937," 10,800
50 Stat. 888, 42 U.S.C. 1401, as amended. No loan by a savings 10,801
bank on the security of this real estate shall exceed ninety per 10,802
cent of the amount of the appraisal or, in lieu of the appraisal, 10,803
ninety per cent of the purchase price if the real estate is to be 10,804
purchased by a local public housing authority. This section 10,805
applies to a loan on this real estate only when it is first 10,806
constructed, remodeled, rehabilitated, modernized, or renovated, 10,807
or when it first becomes the subject of a contributions contract 10,808
under the act. 10,809
(K) In determining compliance with maximum loan-to-value 10,811
ratios in this chapter, at the time of making a loan, a savings 10,812
bank shall add together the unpaid amount of all mortgages, 10,813
liens, or other encumbrances on the security property having 10,814
priority over the savings bank's mortgage, and shall not make the 10,815
loan unless the total unpaid balance of the prior mortgages, 10,816
liens, and other encumbrances, including the one to be made, but 10,817
excluding loans that will be paid off out of the proceeds of the 10,818
new loan, does not exceed applicable maximum loan-to-value ratios 10,819
prescribed in this chapter, as indicated by documentation 10,820
retained in the loan file. 10,821
Sec. 1163.09. (A) Every savings bank organized under the 10,830
laws of this state, as of the thirty-first day of December and 10,831
the thirtieth day of June of each year, shall make a report of 10,832
the affairs and business of the savings bank for the preceding 10,833
half year, showing its financial condition at the end thereof. 10,834
The statement as of the thirty-first day of December shall be the 10,835
annual statement of the savings bank. The superintendent of 10,836
savings banks FINANCIAL INSTITUTIONS may also require monthly 10,837
reports. 10,838
253
(B) The superintendent, by written order mailed to the 10,840
managing officer of a savings bank, may require any savings bank 10,841
to submit to him THE SUPERINTENDENT within a reasonable time 10,842
specified in the written order a report concerning its real 10,844
estate and other assets, other than the appraisals required by 10,845
section 1161.81 of the Revised Code. 10,846
(C) Any savings bank refusing or neglecting to file any 10,848
report required by this section within the time specified shall 10,849
forfeit one hundred dollars for every day that the default 10,850
continues unless the penalty, in whole or in part, is waived by 10,851
the superintendent. The superintendent may maintain an action in 10,852
the name of the state to recover the forfeiture which, upon its 10,853
collection, shall be paid into the state treasury to the credit 10,854
of the division of savings banks INSTITUTIONS fund ESTABLISHED 10,856
UNDER SECTION 1181.18 OF THE REVISED CODE.
(D) Every savings bank shall maintain adequate, complete, 10,858
and correct accounts and shall observe such generally accepted 10,859
accounting principles and practices or generally accepted 10,860
auditing standards, as the superintendent prescribes. The 10,861
superintendent shall demand once a year, and at the expense of 10,862
the savings bank, that its accounts be audited by an independent 10,863
auditor. A copy of the audit report shall be submitted to the 10,864
board of directors of the savings bank and filed, together with 10,865
management's reponse, with the superintendent within thirty days 10,866
after presentation of the completed report to the board or not 10,867
later than the thirty-first day of March of the year next 10,868
succeeding the year for which the audit was conducted, whichever 10,869
occurs first, unless the time is extended by the superintendent. 10,870
(E) At the conclusion of his THE audit of a savings bank, 10,872
an independent auditor shall attend a meeting at which there are 10,873
present only the outside directors of the savings bank or a 10,874
committee composed of and appointed by the outside directors and 10,875
fully disclose at that time to those directors all audit 10,876
exceptions that developed during the audit and all relevant data 10,877
254
and information concerning the financial condition, investment 10,878
practices, and other financial policies and procedures of the 10,879
savings bank. The meeting shall be held at a time and place that 10,880
is agreed upon by the independent auditor and the outside 10,881
directors or their committee. A complete record of the 10,882
proceedings of the meeting shall be kept in a minute book that is 10,883
maintained solely for the purpose of keeping these records. 10,884
Nothing in this division shall be construed to prevent the 10,885
independent auditor from meeting at other times with inside 10,886
directors, officers, or employees of the savings bank. 10,887
(F) The superintendent may prescribe a schedule for the 10,889
preservation and destruction of books, records, certificates, 10,890
documents, reports, correspondence, and other instruments, 10,891
papers, and writings of a savings bank, even if the savings bank 10,892
has been liquidated pursuant to law. A savings bank may dispose 10,893
of any books, records, certificates, documents, reports, 10,894
correspondence, and other instruments, papers, and writings that 10,895
have been retained or preserved for the period prescribed by the 10,896
superintendent pursuant to this division. The requirements of 10,897
this division may be complied with by the preservation of records 10,898
in the manner prescribed in section 2317.41 of the Revised Code. 10,899
Sec. 1163.13. Whenever the superintendent of savings banks 10,908
FINANCIAL INSTITUTIONS considers it necessary, he THE 10,909
SUPERINTENDENT may make a special examination of any savings 10,911
bank, and the expense of the examination shall be paid by the 10,912
savings bank. These moneys shall be collected by the 10,913
superintendent and paid into the state treasury to the credit of 10,914
the division of savings banks INSTITUTIONS fund ESTABLISHED UNDER 10,915
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 10,916
superintendent otherwise than in the ordinary routine of his THE 10,917
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 10,918
opinion, the condition of the savings bank requires the
examination, is a special examination within the meaning of this 10,919
section.
255
Sec. 1163.16. (A)(1) Each savings bank subject to 10,929
inspection and examination by the superintendent of financial
institutions and transacting business in this state as of the 10,930
thirty-first day of December of the prior fiscal year, or the 10,931
savings bank's successor in interest, shall pay annual 10,932
assessments to the superintendent as provided in this section. 10,933
(2) After determining the budget of the division of 10,935
financial institutions for examination and regulation of savings 10,936
banks, but prior to establishing the annual assessment amount 10,937
necessary to fund that budget, the superintendent shall include 10,938
any amounts collected but not yet expended or encumbered by the 10,939
superintendent in the previous fiscal year's budget and remaining 10,940
in the savings banks INSTITUTIONS fund from the amount to be 10,941
assessed. Based upon the resulting budget amount, the
superintendent shall make an assessment upon each savings bank 10,942
based on the total assets as shown on the books of the savings 10,943
bank as of the thirty-first day of December of the previous 10,944
fiscal year. The assessments shall be collected on an annual or 10,945
periodic basis within the fiscal year, as determined by the 10,946
superintendent.
(3) A savings bank authorized by the superintendent to 10,948
commence business in the period between assessments shall pay the 10,949
actual reasonable costs of the division's examinations and 10,950
visitations.
(B) Assessments and fees charged pursuant to this section 10,952
shall be paid within fourteen days after receiving an invoice for 10,953
payment of the assessment or fee. 10,954
Any assessment or fee collected is not refundable. 10,956
(C) The superintendent shall pay all assessments and fees 10,958
charged pursuant to this section and all forfeitures required to 10,959
be paid to the superintendent into the state treasury to the 10,960
credit of the savings banks INSTITUTIONS fund ESTABLISHED UNDER 10,961
SECTION 1181.18 OF THE REVISED CODE. 10,962
(D) Any money deposited into the state treasury to the 10,964
256
credit of the savings banks INSTITUTIONS fund, but not expended 10,965
or encumbered by the superintendent to defray the costs of 10,967
administering Chapters 1161. to 1165. of the Revised Code, shall 10,968
remain in the savings banks INSTITUTIONS fund for expenditures by 10,969
the superintendent in subsequent years in the administration of 10,970
Chapters 1161. to 1165. of the Revised Code.
Sec. 1181.06. There is hereby created in the state 10,979
treasury the financial institutions fund. The fund shall receive 10,981
assessments on the banks fund established under section 1125.28 10,982
of the Revised Code, the building and loan associations fund 10,983
established under section 1155.131 of the Revised Code, the 10,985
savings bank INSTITUTIONS fund established under section 1163.17 10,986
1181.18 of the Revised Code, the credit unions fund established 10,988
under section 1733.321 of the Revised Code, and the consumer 10,989
finance fund established under section 1321.21 of the Revised 10,991
Code in accordance with procedures prescribed by the 10,992
superintendent of financial institutions and approved by the 10,993
director of budget and management. Such assessments shall be in 10,994
addition to any assessments on these funds required under 10,995
division (G) of section 121.08 of the Revised Code. All 10,997
operating expenses of the division of financial institutions 10,998
shall be paid from the financial institutions fund. 10,999
Sec. 1181.18. THERE IS HEREBY CREATED IN THE STATE 11,001
TREASURY THE SAVINGS INSTITUTIONS FUND. 11,002
THE SAVINGS INSTITUTIONS FUND SHALL BE ASSESSED A 11,005
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DEPARTMENT 11,006
OF COMMERCE AND THE DIVISION OF FINANCIAL INSTITUTIONS. THE 11,007
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DIVISION
OF FINANCIAL INSTITUTIONS SHALL BE DETERMINED IN ACCORDANCE WITH 11,008
PROCEDURES PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL 11,009
INSTITUTIONS AND APPROVED BY THE DIRECTOR OF BUDGET AND 11,011
MANAGEMENT. SUCH ASSESSMENT SHALL BE PAID FROM THE SAVINGS 11,012
INSTITUTIONS FUND TO THE DIVISION OF ADMINISTRATION FUND OR THE 11,013
FINANCIAL INSTITUTIONS FUND.
257
AN AMOUNT EQUAL TO THE APPROPRIATION FROM THE SAVINGS 11,015
INSTITUTIONS FUND SHALL BE TRANSFERRED TO THE FUND FROM THE 11,016
GENERAL REVENUE FUND BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 11,017
ALL FEES, ASSESSMENTS, CHARGES, AND FORFEITURES COLLECTED UNDER 11,019
CHAPTERS 1151., 1155., 1161., AND 1163. OF THE REVISED CODE SHALL
BE PAID BY THE SUPERINTENDENT INTO THE STATE TREASURY TO THE 11,020
CREDIT OF THE SAVINGS INSTITUTIONS FUND. SUCH MONEYS SHALL BE 11,022
UTILIZED TO REIMBURSE IN FULL DURING THE SAME FISCAL YEAR THE 11,023
GENERAL REVENUE FUND FOR MONEYS TRANSFERRED TO THE SAVINGS 11,024
INSTITUTIONS FUND. ANY MONEYS PAID TO THE SUPERINTENDENT 11,025
PURSUANT TO CHAPTERS 1151., 1155., 1161., AND 1163. OF THE 11,026
REVISED CODE BUT NOT EXPENDED OR ENCUMBERED BY THE SUPERINTENDENT
EITHER TO REIMBURSE THE GENERAL REVENUE FUND OR TO DEFRAY THE 11,027
COSTS OF REGULATING SAVINGS AND LOAN ASSOCIATIONS AND SAVINGS 11,028
BANKS SHALL REMAIN IN THE SAVINGS INSTITUTIONS FUND FOR 11,029
EXPENDITURE BY THE SUPERINTENDENT IN SUBSEQUENT YEARS. 11,030
Sec. 1301.01. As used in Chapters 1301., 1302., 1303., 11,039
1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, 11,041
unless the context otherwise requires, and subject to additional 11,042
definitions contained in those chapters:
(A) "Action" in the sense of a judicial proceeding 11,044
includes recoupment, counterclaim, set-off, suit in equity, and 11,045
any other proceedings in which rights are determined. 11,046
(B) "Aggrieved party" means a party entitled to resort to 11,048
a remedy. 11,049
(C) "Agreement" means the bargain of the parties in fact 11,051
as found in their language or by implication from other 11,052
circumstances, including course of dealing, usage of trade, or 11,053
course of performance as provided in sections 1301.11 and 1302.11 11,054
of the Revised Code. Whether an agreement has legal consequences 11,055
is determined by Chapters 1301., 1302., 1303., 1304., 1305., 11,056
1307., 1308., 1309., and 1310. of the Revised Code, if 11,057
applicable; otherwise by the law of contracts. 11,058
(D) "Bank" means any person engaged in the business of 11,060
258
banking. 11,061
(E) "Bearer" means the person in possession of an 11,063
instrument, document of title, or certificated security payable 11,064
to bearer or endorsed in blank. 11,065
(F) "Bill of lading" means a document evidencing the 11,067
receipt of goods for shipment issued by a person engaged in the 11,068
business of transporting or forwarding goods, and includes an 11,069
airbill. "Airbill" means a document serving for air 11,070
transportation as a bill of lading does for marine or rail 11,071
transportation, and includes an air consignment note or air 11,072
waybill. 11,073
(G) "Branch" includes a separately incorporated foreign 11,075
branch of a bank. 11,076
(H) "Burden of establishing" a fact means the burden of 11,078
persuading the triers of fact that the existence of the fact is 11,079
more probable than its nonexistence. 11,080
(I) "Buyer in ordinary course of business" means a person 11,082
who, in good faith and without knowledge that the sale to the 11,083
person is in violation of the ownership rights or security 11,085
interest of a third party in the goods, buys in ordinary course 11,086
from a person in the business of selling goods of that kind but 11,087
does not include a pawnbroker. All persons who sell minerals or 11,088
the like, including oil or gas, at the wellhead or minehead shall 11,089
be deemed to be persons in the business of selling goods of that 11,090
kind. "Buying" may be for cash, by exchange of other property, or 11,091
on secured or unsecured credit and includes receiving goods or 11,092
documents of title under a preexisting contract for sale but does 11,093
not include a transfer in bulk or as security for or in total or 11,094
partial satisfaction of a money debt. 11,095
(J) A term or clause is "conspicuous" when it is so 11,097
written that a reasonable person against whom it is to operate 11,098
ought to have noticed it. A printed heading in capitals (as: 11,099
NONNEGOTIABLE BILL OF LADING) is "conspicuous." Language in the 11,100
body of a form is "conspicuous" if it is in larger or other 11,101
259
contrasting type or color. In a telegram, any stated term is 11,102
"conspicuous." Whether a term or clause is "conspicuous" is for 11,103
decision by the court. 11,104
(K) "Contract" means the total legal obligation that 11,106
results from the parties' agreement as affected by Chapters 11,107
1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. 11,109
of the Revised Code, and any other applicable rules of law. 11,110
(L) "Creditor" includes a general creditor, a secured 11,112
creditor, a lien creditor, and any representative of creditors, 11,113
including an assignee for the benefit of creditors, a trustee in 11,114
bankruptcy, a receiver in equity, and an executor or 11,115
administrator of an insolvent debtor's or assignor's estate. 11,116
(M) "Defendant" includes a person in the position of 11,118
defendant in cross-action or counterclaim. 11,119
(N) "Delivery" with respect to instruments, documents of 11,121
title, chattel paper, or certificated securities means voluntary 11,122
transfer of possession. 11,123
(O) "Document of title" includes a bill of lading, dock 11,125
warrant, dock receipt, warehouse receipt, or order for the 11,126
delivery of goods, and any other document that in the regular 11,127
course of business or financing is treated as adequately 11,128
evidencing that the person in possession of it is entitled to 11,129
receive, hold, and dispose of the document and the goods it 11,130
covers. To be a document of title, a document must purport to be 11,131
issued by or addressed to a bailee and purport to cover goods in 11,132
the bailee's possession that are either identified or are 11,133
fungible portions of an identified mass. 11,134
(P) "Fault" means wrongful act, omission, or breach. 11,136
(Q) "Fungible" with respect to goods or securities means 11,138
goods or securities of which any unit is, by nature or usage of 11,139
trade, the equivalent of any other like unit. Goods that are not 11,140
fungible are fungible for the purposes of Chapters 1301., 1302., 11,141
1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the 11,142
Revised Code to the extent that under a particular agreement or 11,143
260
document unlike units are treated as equivalents. 11,144
(R) "Genuine" means free of forgery or counterfeiting. 11,146
(S) "Good faith" means honesty in fact in the conduct or 11,148
transaction concerned. 11,149
(T)(1) "Holder" with respect to a negotiable instrument 11,151
means either of the following: 11,152
(a) If the instrument is payable to bearer, a person who 11,154
is in possession of the instrument; 11,155
(b) If the instrument is payable to an identified person, 11,157
the identified person when in possession of the instrument. 11,158
(2) "Holder" with respect to a document of title means the 11,160
person in possession if the goods are deliverable to bearer or to 11,161
the order of the person in possession. 11,162
(U) To "honor" is to pay or to accept and pay, or where a 11,164
creditor so engages to purchase or discount a draft complying 11,165
with the terms of the credit. 11,166
(V) "Insolvency proceedings" include any assignment for 11,168
the benefit of the creditors or other proceedings intended to 11,169
liquidate or rehabilitate the estate of the person involved. 11,170
(W) A person is "insolvent" who either has ceased to pay 11,172
the person's debts in the ordinary course of business or cannot 11,173
pay the person's debts as they become due or is insolvent within 11,175
the meaning of the federal bankruptcy law. 11,176
(X) "Money" means a medium of exchange authorized or 11,178
adopted by a domestic or foreign government and includes a 11,179
monetary unit of account established by an intergovernmental 11,180
organization or by agreement between two or more nations. 11,181
(Y) A person has "notice" of a fact when any of the 11,183
following applies: 11,184
(1) The person has actual knowledge of it. 11,187
(2) The person has received a notice or notification of 11,189
it.
(3) From all the facts and circumstances known to the 11,191
person at the time in question, the person has reason to know 11,192
261
that it exists.
A person "knows" or has "knowledge" of the fact when the 11,194
person has actual knowledge of it. "Discover" or "learn" or a 11,195
word or phrase of similar import refers to knowledge rather than 11,196
to reason to know. The time and circumstances under which a 11,197
notice or notification may cease to be effective are not 11,198
determined by this section. 11,199
(Z) A person "notifies" or "gives" a notice or 11,201
notification to another person by taking the steps that may be 11,202
reasonably required to inform the other person in ordinary 11,203
course, whether or not the other person actually comes to know of 11,204
it. A person "receives" a notice or notification when either of 11,205
the following applies: 11,206
(1) It comes to the person's attention. 11,208
(2) It is duly delivered at the place of business through 11,210
which the contract was made or at any other place held out by the 11,211
person as the place for receipt of such communications. 11,213
(AA) Notice, knowledge, or a notice or notification 11,215
received by an organization is effective for a particular 11,216
transaction from the time when it is brought to the attention of 11,217
the individual conducting that transaction, and in any event from 11,218
the time when it would have been brought to the individual's 11,219
attention if the organization had exercised due diligence. An 11,221
organization exercises due diligence if it maintains reasonable 11,222
routines for communicating significant information to the person 11,223
conducting the transaction and there is reasonable compliance 11,224
with the routine. Due diligence does not require an individual 11,225
acting for the organization to communicate information unless 11,226
that communication is part of the individual's regular duties or 11,227
unless the individual has reason to know of the transaction and 11,229
that the transaction would be materially affected by the 11,230
information.
(BB) "Organization" includes a corporation, government, 11,232
governmental subdivision or agency, business trust, estate, 11,233
262
trust, partnership, or association, two or more persons having a 11,234
joint or common interest, or any other legal or commercial 11,235
entity. 11,236
(CC) "Party," as distinct from "third party," means a 11,238
person who has engaged in a transaction or made an agreement 11,239
within Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 11,241
1309., and 1310. of the Revised Code.
(DD) "Person" includes an individual or an organization. 11,243
(EE) "Presumption" or "presumed" means that the trier of 11,245
fact must find the existence of the fact presumed unless and 11,246
until evidence is introduced that would support a finding of its 11,247
nonexistence. 11,248
(FF) "Purchase" includes taking by sale, discount, 11,250
negotiation, mortgage, pledge, lien, issue or reissue, gift, or 11,251
any other voluntary transaction creating an interest in property. 11,252
(GG) "Purchaser" means a person who takes by purchase. 11,254
(HH) "Remedy" means any remedial right to which an 11,256
aggrieved party is entitled with or without resort to a tribunal. 11,257
(II) "Representative" includes an agent, an officer of a 11,259
corporation or association, a trustee, executor, or administrator 11,260
of an estate, or any other person empowered to act for another. 11,261
(JJ) "Rights" includes remedies. 11,263
(KK)(1) "Security interest" means an interest in personal 11,265
property or fixtures that secures payment or performance of an 11,266
obligation. The retention or reservation of title by a seller of 11,267
goods notwithstanding shipment or delivery to the buyer, as 11,268
provided in section 1302.42 of the Revised Code, is limited in 11,269
effect to a reservation of a security interest. "Security 11,270
interest" also includes any interest of a buyer of accounts or 11,271
chattel paper, which is subject to sections 1309.01 to 1309.50 of 11,272
the Revised Code. The special property interest of a buyer of 11,273
goods on identification of those goods to a contract for sale 11,274
under section 1302.42 of the Revised Code is not a security 11,275
interest, but a buyer also may acquire a security interest by 11,276
263
complying with sections 1309.01 to 1309.50 of the Revised Code. 11,277
Unless a consignment is intended as security, reservation of 11,278
title under the consignment is not a security interest, but a 11,279
consignment in any event is subject to the provisions on 11,280
consignment sales under section 1302.39 of the Revised Code. A 11,281
lease-purchase agreement as defined in division (F) of section 11,282
1351.01 of the Revised Code shall never be intended as security. 11,283
(2) Whether a transaction, other than a lease-purchase 11,285
agreement as defined in division (F) of section 1351.01 of the 11,286
Revised Code, creates a lease or security interest is determined 11,287
by the facts of each case; however, a transaction creates a 11,288
security interest if the consideration the lessee is to pay the 11,289
lessor for the right to possession and use of the goods is an 11,290
obligation for the term of the lease not subject to termination 11,291
by the lessee and if any of the following applies: 11,292
(a) The original term of the lease is equal to or greater 11,294
than the remaining economic life of the goods. 11,295
(b) The lessee is bound to renew the lease for the 11,297
remaining economic life of the goods or is bound to become the 11,298
owner of the goods. 11,299
(c) The lessee has an option to renew the lease for the 11,301
remaining economic life of the goods for no additional 11,302
consideration or nominal additional consideration upon compliance 11,303
with the lease agreement. 11,304
(d) The the lessee has an option to become the owner of 11,306
the goods for no additional consideration or nominal additional 11,307
consideration upon compliance with the lease agreement. 11,308
(3) A transaction does not create a security interest 11,310
merely because it provides any of the following: 11,311
(a) That the present value of the consideration the lessee 11,313
is obligated to pay the lessor for the right to possession and 11,314
use of the goods is substantially equal to or is greater than the 11,315
fair market value of the goods at the time the lease is entered 11,316
into; 11,317
264
(b) That the lessee assumes risk of loss of the goods or 11,319
agrees to pay taxes, insurance, filing, recording, or 11,320
registration fees, or service or maintenance costs with respect 11,321
to the goods; 11,322
(c) That the lessee has an option to renew the lease or to 11,324
become the owner of the goods; 11,325
(d) That the lessee has an option to renew the lease for a 11,327
fixed rent that is equal to or greater than the reasonably 11,328
predictable fair market rent for the use of the goods for the 11,329
term of the renewal at the time the option is to be performed; 11,330
(e) That the lessee has an option to become the owner of 11,332
the goods for a fixed price that is equal to or greater than the 11,333
reasonably predictable fair market value of the goods at the time 11,334
the option is to be performed. 11,335
(4) For purposes of division (KK) of this section, all of 11,337
the following apply: 11,338
(a) Additional consideration is not nominal if, when the 11,340
option to renew the lease is granted to the lessee, the rent is 11,341
stated to be the fair market rent for the use of the goods for 11,342
the term of the renewal determined at the time the option is to 11,343
be performed or, when the option to become the owner of the goods 11,344
is granted to the lessee, the price is stated to be the fair 11,345
market value of the goods determined at the time the option is to 11,346
be performed. Additional consideration is nominal if it is less 11,347
than the lessee's reasonably predictable cost of performing under 11,348
the lease agreement if the option is not exercised. 11,349
(b) "Reasonably predictable" and "remaining economic life 11,351
of the goods" are to be determined with reference to the facts 11,352
and circumstances at the time the parties entered into the 11,353
transaction. 11,354
(c) "Present value" means the amount as of a date certain 11,356
of one or more sums payable in the future, discounted to the date 11,357
certain. The discount is determined by the interest rate 11,358
specified by the parties if the rate is not manifestly 11,359
265
unreasonable at the time the parties entered into the 11,360
transaction. Otherwise, the discount is determined by a 11,361
commercially reasonable rate that takes into account the facts 11,362
and circumstances of each case at the time the parties entered 11,363
into the transaction. 11,364
(LL) "Send" in connection with any writing or notice means 11,366
to deposit in the mail or deliver for transmission by any other 11,367
usual means of communication with postage or cost of transmission 11,368
provided for and properly addressed and in the case of an 11,369
instrument to an address specified on it or otherwise agreed, or 11,370
if there be none to any address reasonable under the 11,371
circumstances. The receipt of any writing or notice within the 11,372
time at which it would have arrived if properly sent has the 11,373
effect of a proper sending. 11,374
(MM) "Signed" includes any symbol executed or adopted by a 11,376
party with present intention to authenticate a writing. 11,377
(NN) "Surety" includes guarantor. 11,379
(OO) "Telegram" includes a message transmitted by radio, 11,381
teletype, cable, any mechanical method of transmission, or the 11,382
like. 11,383
(PP) "Term" means that portion of an agreement which 11,385
relates to a particular matter. 11,386
(QQ) "Unauthorized" signature means one made without 11,389
actual, implied, or apparent authority and includes a forgery. 11,390
(RR) Except as otherwise provided with respect to 11,392
negotiable instruments and bank collections under sections 11,393
1303.32, 1304.20, and 1304.21 of the Revised Code, a person gives 11,394
"value" for rights if the person acquires them in any of the 11,395
following manners: 11,397
(1) In return for a binding commitment to extend credit or 11,399
for the extension of immediately available credit whether or not 11,400
drawn upon and whether or not a charge-back is provided for in 11,401
the event of difficulties in collection; 11,402
(2) As security for or in total or partial satisfaction of 11,404
266
a pre-existing claim; 11,405
(3) By accepting delivery pursuant to a pre-existing 11,407
contract for purchase; 11,408
(4) Generally, in return for any consideration sufficient 11,410
to support a simple contract. 11,411
(SS) "Warehouse receipt" means a WRITTEN OR ELECTRONIC 11,413
receipt issued by a person engaged in the business of storing 11,415
goods for hire.
(TT) "Written" or "writing" includes printing, 11,417
typewriting, or any other intentional reduction to tangible form. 11,418
Sec. 1309.401. Four THROUGH JUNE 30, 2001, FOUR dollars 11,428
AND FIFTY CENTS, AND, ON AND AFTER JULY 1, 2001, FOUR DOLLARS, of 11,429
each fee collected by the secretary of state under sections 11,431
1309.42 and 1309.43 and divisions (E) and (H) of section 1309.40 11,432
of the Revised Code, and all of the fees collected by the 11,433
secretary of state under section 1309.402 of the Revised Code, 11,434
shall be deposited in the state treasury to the credit of the 11,435
corporate and uniform commercial code filing fund, which is 11,436
hereby created. The remainder of each such fee shall be
deposited in the general revenue fund. All moneys credited to 11,437
the corporate and uniform commercial code filing fund shall be 11,438
used only for the purpose of paying for expenses relating to the 11,439
processing of filings under Title XVII and Chapter 1329. of the 11,440
Revised Code and the uniform commercial code.
Sec. 1317.07. No retail installment contract authorized by 11,449
section 1317.03 of the Revised Code which THAT is executed in 11,450
connection with any retail installment sale shall evidence any 11,451
indebtedness in excess of the time balance fixed in the written 11,452
instrument in compliance with section 1317.04 of the Revised 11,453
Code, but it may evidence in addition any agreements of the 11,454
parties for the payment of delinquent charges, as provided for in 11,455
section 1317.06 of the Revised Code, taxes, and any lawful fee 11,456
actually paid out, or to be paid out, by the retail seller to any 11,457
public officer for filing, recording, or releasing any instrument 11,458
267
securing the payment of the obligation owed on any retail 11,459
installment contract. No retail seller, directly or indirectly, 11,460
shall charge, contract for, or receive from any retail buyer, any 11,461
further or other amount for examination, service, brokerage, 11,462
commission, expense, fee, or other thing of value. A documentary 11,463
service charge customarily and presently being paid on May 9, 11,464
1949, in a particular business and area may be charged if the 11,465
same CHARGE does not exceed thirty FIFTY dollars per sale. 11,467
No retail seller shall use multiple agreements with respect 11,469
to a single item or related items purchased at the same time, 11,470
with intent to obtain a higher charge than would otherwise be 11,471
permitted by Chapter 1317. of the Revised Code or to avoid 11,472
disclosure of an annual percentage rate, nor by use of such 11,473
agreements make any charge greater than that which would be 11,474
permitted by Chapter 1317. of the Revised Code had a single 11,475
agreement been used. 11,476
Sec. 1321.57. (A) Notwithstanding any other provisions of 11,485
the Revised Code, a registrant may contract for and receive 11,486
interest, calculated according to the actuarial method, at a rate 11,487
or rates not exceeding twenty-one per cent per year on the unpaid 11,488
principal balances of the loan. Loans may be interest-bearing or 11,489
precomputed. 11,490
(B) For purposes of computation of time on 11,492
interest-bearing and precomputed loans, including, but not 11,493
limited to, the calculation of interest, a month is considered 11,494
one-twelfth of a year, and a day is considered one three hundred 11,495
sixty-fifth of a year when calculation is made for a fraction of 11,496
a month. A year is as defined in section 1.44 of the Revised 11,497
Code. A month is that period described in section 1.45 of the 11,498
Revised Code. 11,499
(C) With respect to interest-bearing loans: 11,501
(1)(a) Interest shall be computed on unpaid principal 11,503
balances outstanding from time to time, for the time outstanding. 11,504
(b) As an alternative to the method of computing interest 11,506
268
set forth in division (C)(1)(a) of this section, a registrant, if 11,507
the loan contract so provides, may charge and collect interest 11,508
for the first installment period based on elapsed time from the 11,509
date of the loan to the first scheduled payment due date, and for 11,510
each succeeding installment period from the scheduled payment due 11,511
date to the next scheduled payment due date, regardless of the 11,512
date or dates the payments are actually made. 11,513
(c) Whether a registrant computes interest pursuant to 11,515
division (C)(1)(a) or (b) of this section, each payment shall be 11,516
applied first to unpaid charges, then to interest, and the 11,517
remainder to the unpaid principal balance. However, if the 11,518
amount of the payment is insufficient to pay the accumulated 11,519
interest, the unpaid interest continues to accumulate to be paid 11,520
from the proceeds of subsequent payments and is not added to the 11,521
principal balance. 11,522
(2) Interest shall not be compounded or paid in advance. 11,524
However, if part or all of the consideration for a new loan 11,525
contract is the unpaid principal balance of a prior loan, then 11,526
the principal amount payable under such new loan contract may 11,527
include any unpaid interest that has accrued. The resulting loan 11,528
contract shall be deemed a new and separate loan transaction for 11,529
purposes of this section. The unpaid principal balance of a 11,530
precomputed loan is the balance due after refund or credit of 11,531
unearned interest as provided in division (D)(3) of this section. 11,532
(D) With respect to precomputed loans: 11,534
(1) Loans shall be repayable in monthly installments of 11,536
principal and interest combined, except that the first 11,537
installment period may exceed one month by not more than fifteen 11,538
days, and the first installment payment amount may be larger than 11,539
the remaining payments by the amount of interest charged for the 11,540
extra days; and provided further that monthly installment payment 11,541
dates may be omitted to accommodate borrowers with seasonal 11,542
income. 11,543
(2) Payments may be applied to the combined total of 11,545
269
principal and precomputed interest until maturity of the loan. A 11,546
registrant may charge interest after the original or deferred 11,547
maturity of a precomputed loan at the rate specified in division 11,548
(A) of this section on all unpaid principal balances for the time 11,549
outstanding. 11,550
(3) When any loan contract is paid in full by cash, 11,552
renewal, refinancing, or a new loan, one month or more before the 11,553
final installment due date, the registrant shall refund, or 11,554
credit the borrower with, the total of the applicable charges for 11,555
all fully unexpired installment periods, as originally scheduled 11,556
or as deferred, that follow the day of prepayment. If the 11,557
prepayment is made other than on a scheduled installment due 11,559
date, the nearest scheduled installment due date shall be used in
such computation. If the prepayment occurs prior to the first 11,560
installment due date, the registrant may retain one-thirtieth of 11,561
the applicable charge for a first installment period of one month 11,562
for each day from date of loan to date of prepayment, and shall 11,563
refund, or credit the borrower with, the balance of the total 11,564
interest contracted for. If the maturity of the loan is 11,565
accelerated for any reason and judgment is entered, the 11,566
registrant shall credit the borrower with the same refund as if 11,567
prepayment in full had been made on the date the judgment is 11,568
entered. 11,569
(4) If the parties agree in writing, either in the loan 11,571
contract or in a subsequent agreement, to a deferment of wholly 11,572
unpaid installments, a registrant may grant a deferment and may 11,573
collect a deferment charge as provided in this section. A 11,574
deferment postpones the scheduled due date of the earliest unpaid 11,575
installment and all subsequent installments as originally 11,576
scheduled, or as previously deferred, for a period equal to the 11,577
deferment period. The deferment period is that period during 11,578
which no installment is scheduled to be paid by reason of the 11,579
deferment. The deferment charge for a one-month period may not 11,580
exceed the applicable charge for the installment period 11,581
270
immediately following the due date of the last undeferred 11,582
installment. A proportionate charge may be made for deferment 11,583
for periods of more or less than one month. A deferment charge 11,584
is earned pro rata during the deferment period and is fully 11,585
earned on the last day of the deferment period. If a loan is 11,586
prepaid in full during a deferment period, the registrant shall 11,587
make, or credit to the borrower, a refund of the unearned 11,588
deferment charge in addition to any other refund or credit made 11,589
for prepayment of the loan in full. 11,590
(E) A registrant, at the request of the borrower, may 11,592
obtain, on one or more borrowers, credit life insurance, credit 11,593
accident and health insurance, and unemployment insurance. The 11,594
premium or identifiable charge for the insurance may be included 11,596
in the principal amount of the loan and may not exceed the 11,597
premium rate filed by the insurer with the superintendent of 11,598
insurance and not disapproved by the superintendent. If a 11,599
registrant obtains the insurance at the request of the borrower, 11,600
the borrower shall have the right to cancel the insurance for a 11,601
period of twenty-five days after the loan is made. If the 11,602
borrower chooses to cancel the insurance, the borrower shall give 11,603
the registrant written notice of this choice and shall return all 11,604
of the policies or certificates of insurance or notices of 11,605
proposed insurance to the registrant during such period, and the 11,606
full premium or identifiable charge for the insurance shall be 11,607
refunded to the borrower by the registrant. If the borrower 11,608
requests, in the notice to cancel the insurance, that this refund 11,609
be applied to reduce the balance of a precomputed loan, the 11,610
registrant shall credit the amount of the refund plus the amount 11,611
of interest applicable to the refund to the loan balance. 11,612
(F) A registrant may require the borrower to provide 11,614
insurance or a loss payable endorsement covering reasonable risks 11,615
of loss, damage, and destruction of property used as security for 11,616
the loan and with the consent of the borrower such insurance may 11,617
cover property other than that which is security for the loan. 11,618
271
The amount and term of required property insurance shall be 11,619
reasonable in relation to the amount and term of the loan 11,620
contract and the type and value of the security, and the 11,621
insurance shall be procured in accordance with the insurance laws 11,622
of this state. The purchase of this insurance through the 11,623
registrant or an agent or broker designated by the registrant 11,624
shall not be a condition precedent to the granting of the loan. 11,625
If the borrower purchases the insurance from or through the 11,626
registrant or from another source, the premium may be included in 11,627
the principal amount of the loan. 11,628
(G) On loans secured by an interest in real estate, a ALL 11,630
OF THE FOLLOWING APPLY: 11,631
(1) A registrant may charge and receive up to two points, 11,634
and a prepayment penalty not in excess of one per cent of the 11,635
original principal amount of the loan. Points may be paid by the 11,636
borrower at the time of the loan or may be included in the 11,637
principal amount of the loan. On a refinancing, a registrant may 11,638
not charge under this division (G)(1) OF THIS SECTION either 11,640
points within one year from the date of a prior loan on which 11,641
points were charged or a prepayment penalty. This division 11,642
(2) AS AN ALTERNATIVE TO THE PREPAYMENT PENALTY DESCRIBED 11,644
IN DIVISION (G)(1) OF THIS SECTION, A REGISTRANT MAY CONTRACT 11,645
FOR, CHARGE, AND RECEIVE THE PREPAYMENT PENALTY DESCRIBED IN 11,646
DIVISION (G)(2) OF THIS SECTION FOR THE PREPAYMENT OF A LOAN 11,649
PRIOR TO THREE YEARS AFTER THE DATE THE LOAN CONTRACT IS
EXECUTED. THIS PREPAYMENT PENALTY SHALL NOT EXCEED THREE PER 11,650
CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS 11,651
PAID IN FULL PRIOR TO ONE YEAR AFTER THE DATE THE LOAN CONTRACT 11,652
IS EXECUTED. THE PENALTY SHALL NOT EXCEED TWO PER CENT OF THE 11,653
ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS PAID IN FULL 11,654
AT ANY TIME FROM ONE YEAR, BUT PRIOR TO TWO YEARS, AFTER THE DATE 11,655
THE LOAN CONTRACT IS EXECUTED. THE PENALTY SHALL NOT EXCEED ONE 11,656
PER CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN 11,657
IS PAID IN FULL AT ANY TIME FROM TWO YEARS, BUT PRIOR TO THREE 11,658
272
YEARS, AFTER THE DATE THE LOAN CONTRACT IS EXECUTED. A 11,660
REGISTRANT SHALL NOT CHARGE OR RECEIVE A PREPAYMENT PENALTY UNDER 11,661
DIVISION (G)(2) OF THIS SECTION IF ANY OF THE FOLLOWING APPLIES: 11,662
(a) THE LOAN IS A REFINANCING BY THE SAME REGISTRANT OR A 11,664
REGISTRANT TO WHOM THE LOAN HAS BEEN ASSIGNED; 11,665
(b) THE LOAN IS PAID IN FULL AS A RESULT OF THE SALE OF 11,667
THE REAL ESTATE THAT SECURES THE LOAN; 11,669
(c) THE LOAN IS PAID IN FULL WITH THE PROCEEDS OF AN 11,671
INSURANCE CLAIM AGAINST AN INSURANCE POLICY THAT INSURES THE LIFE 11,673
OF THE BORROWER OR AN INSURANCE POLICY THAT COVERS LOSS, DAMAGE, 11,675
OR DESTRUCTION OF THE REAL ESTATE THAT SECURES THE LOAN. 11,676
(3) DIVISION (G) OF THIS SECTION is not a limitation on 11,679
discount points or other charges for purposes of section 11,680
501(b)(4) of the "Depository Institutions Deregulation and 11,681
Monetary Control Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 11,682
note.
(H)(1) In addition to the interest and charges provided 11,684
for by this section, no further or other amount, whether in the 11,685
form of broker fees, placement fees, or any other fees 11,686
whatsoever, shall be charged or received by the registrant, 11,687
except costs and disbursements to which the registrant may become 11,688
entitled by law in connection with any suit to collect a loan or 11,689
any lawful activity to realize on a security interest or mortgage 11,690
after default, and except the following additional charges which 11,692
may be included in the principal amount of the loan or collected
at any time after the loan is made: 11,693
(a) The amounts of fees authorized by law to record, file, 11,695
or release security interests and mortgages on a loan; 11,696
(b) With respect to a loan secured by an interest in real 11,698
estate, the following closing costs, if they are bona fide, 11,699
reasonable in amount, and not for the purpose of circumvention or 11,700
evasion of this section: 11,701
(i) Fees or premiums for title examination, abstract of 11,703
title, title insurance, surveys, or similar purposes; 11,704
273
(ii) If not paid to the registrant, an employee of the 11,706
registrant, or a person related to the registrant, fees for 11,707
preparation of a mortgage, settlement statement, or other 11,708
documents, fees for notarizing mortgages and other documents, and 11,709
appraisal fees; 11,710
(c) Fees for credit investigations not exceeding ten 11,712
dollars.
(2) Division (H)(1) of this section does not limit the 11,714
rights of registrants to engage in other transactions with 11,715
borrowers, provided the transactions are not a condition of the 11,716
loan. 11,717
(I) If the loan contract or security instrument contains 11,719
covenants by the borrower to perform certain duties pertaining to 11,720
insuring or preserving security and the registrant pursuant to 11,721
the loan contract or security instrument pays for performance of 11,722
the duties on behalf of the borrower, the registrant may add the 11,723
amounts paid to the unpaid principal balance of the loan or 11,724
collect them separately. A charge for interest may be made for 11,725
sums advanced not exceeding the rate of interest permitted by 11,726
division (A) of this section. Within a reasonable time after 11,727
advancing a sum, the registrant shall notify the borrower in 11,728
writing of the amount advanced, any interest charged with respect 11,729
to the amount advanced, any revised payment schedule, and shall 11,730
include a brief description of the reason for the advance. 11,731
(J) In addition to points authorized under division (G) of 11,734
this section, a registrant may charge and receive, on loans in 11,735
the principal amount of less than five hundred dollars, loan
origination charges not exceeding fifteen dollars; on loans in 11,736
the principal amount of at least five hundred dollars but less 11,737
than one thousand dollars, loan origination charges not exceeding 11,738
thirty dollars; on loans in the principal amount of at least one 11,739
thousand dollars but less than two thousand dollars, loan 11,740
origination charges not exceeding sixty-five dollars; and on 11,741
loans in the principal amount of at least two thousand dollars,
274
loan origination charges not exceeding the greater of one hundred 11,742
fifty dollars or one per cent of the principal amount of the 11,743
loan. However, on unsecured loans in the principal amount of 11,744
less than five thousand dollars, the loan origination charge 11,745
shall not exceed one hundred dollars. A registrant may not 11,746
impose loan origination charges on a borrower more frequently 11,747
than once in any ninety-day period. Loan origination charges may 11,748
be paid by the borrower at the time of the loan or may be 11,749
included in the principal amount of the loan. 11,750
(K) A registrant may charge and receive check collection 11,752
charges not greater than twenty dollars plus any amount passed on 11,754
from other financial institutions for each check, negotiable 11,755
order of withdrawal, share draft, or other negotiable instrument 11,756
returned or dishonored for any reason. 11,757
(L) If the loan contract so provides, a registrant may 11,759
collect a default charge on any installment not paid in full 11,760
within ten days after its due date. For this purpose, all 11,761
installments are considered paid in the order in which they 11,762
become due. Any amounts applied to an outstanding loan balance 11,763
as a result of voluntary release of a security interest, sale of 11,764
security on the loan, or cancellation of insurance shall be 11,765
considered payments on the loan, unless the parties otherwise 11,766
agree in writing at the time the amounts are applied. The amount 11,767
of the default charge shall not exceed the greater of five per 11,768
cent of the scheduled installment or fifteen dollars. 11,769
Sec. 1322.02. (A) No person, on the person's own behalf 11,778
or on behalf of any other person, shall act as a mortgage broker 11,780
without first having obtained a certificate of registration from 11,781
the superintendent of financial institutions for every office to 11,783
be maintained by the person for the transaction of business as a 11,784
mortgage broker in this state. A registrant shall maintain an 11,787
office location in this state for the transaction of business as 11,788
a mortgage broker in this state. 11,789
(B) No registrant or employee of a registrant shall 11,791
275
originate a mortgage loan, unless the mortgage loan is originated 11,792
at a location where the registrant's certificate of registration 11,793
is maintained, and where the registrant or the employee of the 11,794
registrant regularly transacts mortgage broker business. 11,795
(C) No person shall originate mortgage loans for a 11,798
registrant, unless that person is an employee of the registrant. 11,799
(D)(C) As used in this section: 11,801
(1) "Employee" means a person who may be required or 11,803
directed by a registrant to originate mortgage loans in 11,804
consideration of direct or indirect gain or profit. "Employee" 11,805
does not include an independent contractor or any person who has 11,806
a similar employment relationship with a mortgage broker. 11,807
(2) "Originate" means any of the following: 11,809
(a) To negotiate or arrange, or to offer to negotiate or 11,812
arrange, a mortgage loan between a person that makes or funds
mortgage loans and a buyer; 11,813
(b) To issue a commitment for a mortgage loan to a buyer; 11,816
(c) To place, assist in placement, or find a mortgage loan 11,819
for a buyer.
Sec. 1322.10. (A) After notice and opportunity for a 11,828
hearing conducted in accordance with Chapter 119. of the Revised 11,829
Code, the superintendent of financial institutions may do the 11,831
following:
(1) Suspend, revoke, or refuse to issue or renew a 11,833
certificate of registration if the superintendent finds a 11,836
violation of division (B) of section 1322.02 or 1322.06, or 11,838
section 1322.05, 1322.07, 1322.08, or 1322.09 of the Revised Code 11,839
or the rules adopted under those sections; 11,840
(2) Impose a fine of not more than one thousand dollars, 11,843
for each day a violation of a law or rule is committed, repeated, 11,844
or continued. If the registrant engages in a pattern of repeated 11,845
violations of a law or rule, the superintendent may impose a fine 11,846
of not more than two thousand dollars for each day the violation 11,847
is committed, repeated, or continued. All fines collected 11,849
276
pursuant to this division shall be paid to the treasurer of state 11,851
to the credit of the consumer finance fund created in section 11,852
1321.21 of the Revised Code. In determining the amount of a fine 11,853
to be imposed pursuant to this division, the superintendent shall 11,855
consider all of the following: 11,856
(a) The seriousness of the violation; 11,859
(b) The registrant's good faith efforts to prevent the 11,862
violation;
(c) The registrant's history regarding violations and 11,865
compliance with division orders;
(d) The registrant's financial resources; 11,868
(e) Any other matters the superintendent considers 11,871
appropriate in enforcing sections 1322.01 to 1322.12 of the 11,872
Revised Code.
(B) The superintendent may investigate alleged violations 11,874
of section 1322.01 to 1322.12 of the Revised Code or the rules 11,875
adopted under those sections or complaints concerning any such 11,877
violation. The superintendent may make application to the court 11,878
of common pleas for an order enjoining any such violation, and, 11,879
upon a showing by the superintendent that a person has committed 11,880
or is about to commit such a violation, the court shall grant an 11,881
injunction, restraining order, or other appropriate relief. 11,882
(C) In conducting any investigation pursuant to this 11,884
section, the superintendent may compel, by subpoena, witnesses to 11,886
testify in relation to any matter over which the superintendent 11,887
has jurisdiction and may require the production of any book, 11,888
record, or other document pertaining to that matter. If a person 11,889
fails to file any statement or report, obey any subpoena, give 11,890
testimony, produce any book, record, or other document as 11,891
required by a subpoena, or permit photocopying of any book, 11,892
record, or other document subpoenaed, the court of common pleas 11,893
of any county in this state, upon application made to it by the 11,894
superintendent, shall compel obedience by attachment proceedings 11,895
for contempt, as in the case of disobedience of the requirements 11,896
277
of a subpoena issued from the court or a refusal to testify 11,897
therein.
(D) If the superintendent determines that a person is 11,899
engaged in or is believed to be engaged in activities that may 11,900
constitute a violation of sections 1322.01 to 1322.12 of the 11,901
Revised Code, the superintendent, after notice and a hearing 11,902
conducted in accordance with Chapter 119. of the Revised Code, 11,903
may issue a cease and desist order. Such an order shall be 11,904
enforceable in the court of common pleas. 11,905
Sec. 1501.01. Except where otherwise expressly provided, 11,914
the director of natural resources shall formulate and institute 11,915
all the policies and programs of the department of natural 11,916
resources. The chief of any division of the department shall not 11,917
enter into any contract, agreement, or understanding unless it is 11,918
approved by the director. 11,919
The director shall correlate and coordinate the work and 11,921
activities of the divisions in his THE department to eliminate 11,922
unnecessary duplications of effort and overlapping of functions. 11,923
The chiefs of the various divisions of the department shall meet 11,924
with the director at least once each month at a time and place 11,925
designated by the director. 11,926
The director may create advisory boards to any of those 11,928
divisions in conformity with section 121.13 of the Revised Code. 11,929
The director may accept and expend gifts, devises, and 11,931
bequests of money, lands, and other properties on behalf of the 11,932
department or any division thereof under the terms set forth in 11,933
section 9.20 of the Revised Code. Any political subdivision of 11,934
this state may make contributions to the department for the use 11,935
of the department or any division therein according to the terms 11,936
of the contribution. 11,937
The director may publish and sell or otherwise distribute 11,939
data, reports, and information. 11,940
The director shall adopt rules in accordance with Chapter 11,942
119. of the Revised Code to permit the department to accept by 11,943
278
means of a credit card the payment of fees, charges, and rentals 11,944
at those facilities described in section 1501.07 of the Revised 11,945
Code that are operated by the department, for any data, reports, 11,946
or information sold by the department, and for any other goods or 11,947
services provided by the department. 11,948
Whenever authorized by the governor to do so, the director 11,950
may appropriate property for the uses and purposes authorized to 11,951
be performed by the department and on behalf of any division 11,952
within the department. This authority shall be exercised in the 11,953
manner provided in sections 163.01 to 163.22 of the Revised Code 11,954
for the appropriation of property by the director of 11,955
administrative services. This authority to appropriate property 11,956
is in addition to the authority provided by law for the 11,957
appropriation of property by divisions of the department. The 11,958
director of natural resources also may acquire by purchase, 11,959
lease, or otherwise such real and personal property rights or 11,960
privileges in the name of the state as are necessary for the 11,961
purposes of the department or any division therein. The 11,962
director, with the approval of the governor and the attorney 11,963
general, may sell, lease, or exchange portions of lands or 11,964
property, real or personal, of any division of the department or 11,965
grant easements or licenses for the use thereof, or enter into 11,966
agreements for the sale of water from lands and waters under the 11,967
administration or care of the department or any of its divisions, 11,968
when the sale, lease, exchange, easement, agreement, or license 11,969
for use is advantageous to the state, provided that such approval 11,970
is not required for leases and contracts made under sections 11,971
SECTION 1507.12, IF ANY, OR SECTION 1501.07, 1501.09, 1507.12, or 11,973
1520.03 or Chapter 1523. of the Revised Code. Water may be sold 11,974
from a reservoir only to the extent that the reservoir was 11,975
designed to yield a supply of water for a purpose other than 11,976
recreation or wildlife, and the water sold is in excess of that 11,977
needed to maintain the reservoir for purposes of recreation or 11,978
wildlife.
279
Money received from such sales, leases, easements, 11,980
exchanges, agreements, or licenses for use, except revenues 11,981
required to be set aside or paid into depositories or trust funds 11,982
for the payment of bonds issued under sections 1501.12 to 1501.15 11,983
of the Revised Code, and to maintain the required reserves 11,984
therefor as provided in the orders authorizing the issuance of 11,985
such bonds or the trust agreements securing such bonds, revenues 11,986
required to be paid and credited pursuant to the bond proceeding 11,987
applicable to obligations issued pursuant to section 154.22, and 11,988
revenues generated under section 1520.05 of the Revised Code, 11,989
shall be deposited in the state treasury to the credit of the 11,990
fund of the division of the department having prior jurisdiction 11,991
over the lands or property. If no such fund exists, the money 11,992
shall be credited to the general revenue fund. All such money 11,993
received from lands or properties administered by the division of 11,994
wildlife shall be credited to the wildlife fund. 11,995
The director shall provide for the custody, safekeeping, 11,997
and deposit of all moneys, checks, and drafts received by the 11,998
department or its employees prior to paying them to the treasurer 11,999
of state under section 113.08 of the Revised Code. 12,000
The director shall cooperate with the nature conservancy, 12,002
other nonprofit organizations, and the United States fish and 12,003
wildlife service in order to secure protection of islands in the 12,004
Ohio river and the wildlife and wildlife habitat of those 12,005
islands. 12,006
Sec. 1501.25. (A) THERE IS HEREBY CREATED THE MUSKINGUM 12,009
RIVER ADVISORY COUNCIL CONSISTING OF THE FOLLOWING MEMBERS: 12,011
(1) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE FROM 12,013
EACH PARTY TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF 12,014
REPRESENTATIVES AFTER CONFERRING WITH THE MINORITY LEADER OF THE 12,015
HOUSE, AND TWO MEMBERS OF THE SENATE, ONE FROM EACH PARTY TO BE 12,016
APPOINTED BY THE PRESIDENT OF THE SENATE AFTER CONFERRING WITH 12,017
THE MINORITY LEADER OF THE SENATE; 12,018
(2) FOUR PERSONS INTERESTED IN THE DEVELOPMENT OF 12,020
280
RECREATIONAL AND COMMERCIAL USES OF THE MUSKINGUM RIVER, TO BE 12,021
APPOINTED BY THE GOVERNOR; 12,022
(3) TWO REPRESENTATIVES OF THE DEPARTMENT OF NATURAL 12,024
RESOURCES TO BE APPOINTED BY THE DIRECTOR OF NATURAL RESOURCES, 12,025
ONE REPRESENTATIVE OF THE DEPARTMENT OF DEVELOPMENT TO BE 12,026
APPOINTED BY THE DIRECTOR OF DEVELOPMENT, ONE REPRESENTATIVE OF 12,027
THE ENVIRONMENTAL PROTECTION AGENCY TO BE APPOINTED BY THE 12,028
DIRECTOR OF ENVIRONMENTAL PROTECTION, ONE REPRESENTATIVE OF THE 12,029
DEPARTMENT OF TRANSPORTATION TO BE APPOINTED BY THE DIRECTOR OF 12,030
TRANSPORTATION, AND ONE REPRESENTATIVE OF THE OHIO HISTORICAL 12,031
SOCIETY TO BE APPOINTED BY THE DIRECTOR OF THE SOCIETY; 12,032
(4) TWELVE PERSONS TO BE APPOINTED FROM THE FOUR COUNTIES 12,034
THROUGH WHICH THE MUSKINGUM RIVER FLOWS, WHO SHALL BE APPOINTED 12,036
IN THE FOLLOWING MANNER. THE BOARD OF COUNTY COMMISSIONERS OF 12,037
COSHOCTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,038
CITY OF COSHOCTON SHALL APPOINT ONE MEMBER. THE BOARD OF COUNTY 12,039
COMMISSIONERS OF MUSKINGUM COUNTY SHALL APPOINT TWO MEMBERS, AND 12,040
THE MAYOR OF THE CITY OF ZANESVILLE SHALL APPOINT ONE MEMBER. 12,041
THE BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY SHALL APPOINT 12,043
TWO MEMBERS, AND THE MAYOR OF THE CITY OF MCCONNELSVILLE SHALL 12,044
APPOINT ONE MEMBER. THE BOARD OF COUNTY COMMISSIONERS OF 12,046
WASHINGTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,047
CITY OF MARIETTA SHALL APPOINT ONE MEMBER.
(5) ONE MEMBER REPRESENTING THE MUSKINGUM WATERSHED 12,049
CONSERVANCY DISTRICT, TO BE APPOINTED BY THE BOARD OF DIRECTORS 12,050
OF THE DISTRICT. 12,051
MEMBERS SHALL SERVE AT THE PLEASURE OF THEIR APPOINTING 12,053
AUTHORITY. VACANCIES SHALL BE FILLED IN THE MANNER OF THE 12,054
ORIGINAL APPOINTMENT. 12,055
THE COUNCIL BIENNIALLY SHALL ELECT FROM AMONG ITS MEMBERS A 12,058
CHAIRPERSON AND A VICE-CHAIRPERSON. ONE OF THE REPRESENTATIVES 12,060
OF THE DEPARTMENT OF NATURAL RESOURCES SHALL SERVE AS SECRETARY 12,061
OF THE COUNCIL UNLESS A MAJORITY OF THE MEMBERS ELECT ANOTHER 12,062
MEMBER TO THAT POSITION. THE COUNCIL SHALL MEET AT LEAST ONCE 12,064
281
EACH YEAR FOR THE PURPOSE OF TAKING TESTIMONY FROM RESIDENTS OF 12,066
THE MUSKINGUM RIVER AREA, USERS OF THE RIVER AND ADJACENT LANDS, 12,067
AND THE GENERAL PUBLIC AND MAY HOLD ADDITIONAL MEETINGS AT THE 12,068
CALL OF THE CHAIRPERSON. 12,069
THE CHAIRPERSON MAY APPOINT MEMBERS OF THE COUNCIL AND 12,072
OTHER PERSONS TO COMMITTEES AND STUDY GROUPS AS NEEDED. 12,073
THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL 12,075
ASSEMBLY, THE GOVERNOR, AND THE DIRECTOR OF NATURAL RESOURCES. 12,076
THE REPORT SHALL INCLUDE, WITHOUT LIMITATION, A DESCRIPTION OF 12,077
THE CONDITIONS OF THE MUSKINGUM RIVER AREA, A DISCUSSION OF THE 12,078
COUNCIL'S ACTIVITIES, ANY RECOMMENDATIONS FOR ACTIONS BY THE 12,080
GENERAL ASSEMBLY OR ANY STATE AGENCY THAT THE COUNCIL DETERMINES 12,082
ARE NEEDED, AND ESTIMATES OF THE COSTS OF THOSE RECOMMENDATIONS. 12,083
THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE STAFF 12,085
ASSISTANCE TO THE COUNCIL AS NEEDED. 12,086
(B) THE COUNCIL MAY DO ANY OF THE FOLLOWING: 12,088
(1) PROVIDE COORDINATION AMONG POLITICAL SUBDIVISIONS, 12,090
STATE AGENCIES, AND FEDERAL AGENCIES INVOLVED IN DREDGING, DEBRIS 12,091
REMOVAL OR DISPOSAL, AND RECREATIONAL, COMMERCIAL, TOURISM, AND 12,093
ECONOMIC DEVELOPMENT;
(2) PROVIDE AID TO CIVIC GROUPS AND INDIVIDUALS WHO WANT 12,095
TO MAKE IMPROVEMENTS TO THE MUSKINGUM RIVER IF THE COUNCIL 12,096
DETERMINES THAT THE IMPROVEMENTS WOULD BE BENEFICIAL TO THE 12,097
RESIDENTS OF THE AREA AND TO THE STATE; 12,098
(3) PROVIDE INFORMATION AND PLANNING AID TO STATE AND 12,100
LOCAL AGENCIES RESPONSIBLE FOR HISTORIC, COMMERCIAL, AND 12,101
RECREATIONAL DEVELOPMENT OF THE MUSKINGUM RIVER AREA, INCLUDING 12,102
WITHOUT LIMITATION, SUGGESTIONS AS TO PRIORITIES FOR PENDING 12,104
MUSKINGUM RIVER PROJECTS OF THE DEPARTMENT OF NATURAL RESOURCES;
(4) PROVIDE UPDATED INFORMATION TO THE UNITED STATES ARMY 12,107
CORPS OF ENGINEERS, THE DEPARTMENT OF NATURAL RESOURCES, AND THE 12,108
MUSKINGUM CONSERVANCY DISTRICT ESTABLISHED UNDER CHAPTER 6101. OF 12,111
THE REVISED CODE CONCERNING POTENTIAL HAZARDS TO FLOOD CONTROL OR 12,113
NAVIGATION, EROSION PROBLEMS, DEBRIS ACCUMULATION, AND
282
DETERIORATION OF LOCKS OR DAMS. 12,114
Sec. 1507.01. There is hereby created in the department of 12,123
natural resources the division of engineering to be administered 12,124
by the chief engineer of the department, who shall be a 12,125
professional engineer registered under Chapter 4733. of the 12,126
Revised Code. The chief engineer shall do all of the following: 12,127
(A) Administer this chapter; 12,129
(B) Provide engineering, architectural, land surveying, 12,131
and related administrative and maintenance support services to 12,132
the other divisions in the department; 12,133
(C) Upon request of the director of natural resources, 12,135
implement the department's capital improvement program and 12,136
facility maintenance projects, including all associated 12,137
engineering, architectural, design, contracting, surveying, 12,138
inspection, and management responsibilities and requirements; 12,139
(D) With the approval of the director, act as contracting 12,141
officer in departmental engineering, architectural, surveying, 12,142
and construction matters regarding capital improvements except 12,143
for those matters otherwise specifically provided for in law; 12,144
(E) Administer AS LONG AS THE STATE RETAINS OWNERSHIP OF 12,146
THE BURR OAK WATER SYSTEM, ADMINISTER, operate, and maintain the 12,148
Burr Oak water system and, with the approval of the director, act 12,149
as contracting agent in matters concerning that system; 12,150
(F) Provide engineering support for the coastal management 12,152
program established under Chapter 1506. of the Revised Code; 12,153
(G) Coordinate the department's roadway maintenance 12,155
program with the department of transportation pursuant to section 12,156
5511.05 of the Revised Code and maintain the roadway inventory of 12,157
the department of natural resources; 12,158
(H) Coordinate the department's emergency response 12,160
activities with the emergency management agency created in 12,161
section 5915.02 5502.22 of the Revised Code; 12,162
(I) Coordinate the department's projects, programs, 12,164
policies, procedures, and activities with the United States army 12,165
283
corps of engineers; 12,166
(J) Subject to the approval of the director, employ 12,168
professional and technical assistants and such other employees as 12,169
are necessary for the performance of the activities required or 12,170
authorized under this chapter, other work of the division, and 12,171
any other work agreed to under working agreements or contractual 12,172
arrangements; prescribe their duties; and fix their compensation 12,173
in accordance with such schedules as are provided by law for the 12,174
compensation of state employees. 12,175
Sec. 1507.12. The chief engineer of the department of 12,184
natural resources shall adopt, and may amend and rescind, rules 12,185
in accordance with Chapter 119. of the Revised Code specifying 12,186
requirements and procedures for the provision of water service to 12,187
water users and establishing a rate schedule, including related 12,188
water service fees and late payment penalties, for the sale of 12,189
water from the Burr Oak water system sufficient to meet the 12,190
capital improvement and operating expenses of the system. The 12,191
revenue derived from the sale of the water shall be deposited 12,192
into the Burr Oak water system fund, which is hereby created in 12,193
the state treasury. All investment earnings of the fund shall be 12,194
credited to the fund. Money in the fund shall be used to pay the 12,195
capital improvement and operating expenses of the Burr Oak water
system. The chief engineer may enter into contracts with the 12,196
Ohio water development authority, pursuant to Chapter 6121. of 12,197
the Revised Code, to meet the capital improvement expenses of the 12,198
Burr Oak water system.
THE PROVISIONS OF THIS SECTION APPLY ONLY AS LONG AS THE 12,200
STATE RETAINS OWNERSHIP OF THE BURR OAK WATER SYSTEM AND CEASE TO 12,201
APPLY IF OWNERSHIP OF THE BURR OAK WATER SYSTEM IS TRANSFERRED 12,202
FROM THE STATE. 12,203
For the purposes of this chapter, "Burr Oak water system" 12,205
means the Burr Oak water treatment plant and its transmission 12,206
lines, storage tanks, and other appurtenances. 12,207
Sec. 1515.091. (A) As used in this section: 12,216
284
(1) "Receiving employee" means an employee of a soil and 12,218
water conservation district who receives donated sick leave as 12,219
authorized by this section.
(2) "Donating employee" means an employee of a soil and 12,221
water conservation district who donates sick leave as authorized 12,222
by this section. 12,223
(3) "Paid leave" has the same meaning as in section 12,225
124.391 of the Revised Code. 12,226
(4) "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 12,229
WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF SERVICE FOR 12,230
THE DISTRICT TOTAL FORTY HOURS PER WEEK OR WHO RENDERS ANY OTHER 12,231
STANDARD OF SERVICE ACCEPTED AS FULL-TIME BY THE DISTRICT. 12,232
(5) "FULL-TIME LIMITED HOURS EMPLOYEE" MEANS AN EMPLOYEE 12,234
OF A SOIL AND WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF 12,235
SERVICE FOR THE DISTRICT TOTAL TWENTY-FIVE TO THIRTY-NINE HOURS 12,236
PER WEEK OR WHO RENDERS ANY OTHER STANDARD OF SERVICE ACCEPTED AS 12,237
FULL-TIME LIMITED HOURS BY THE DISTRICT.
(B)(1) An employee of a soil and water conservation 12,240
district is eligible to become a receiving employee if the 12,241
employee is a full-time, regular employee, OR A FULL-TIME LIMITED 12,242
HOURS EMPLOYEE, who has completed the prescribed probationary 12,243
period, has used up all accrued paid leave, and has been placed 12,244
on an approved, unpaid, medical-related leave of absence for a 12,245
period of at least thirty CONSECUTIVE working days because of the 12,246
employee's own serious illness or because of a serious illness of 12,248
a member of the employee's immediate family. 12,249
(2) An employee who desires to become a receiving employee 12,252
shall submit to the board of supervisors of the employing soil 12,253
and water conservation district, along with a satisfactory 12,254
physician's certification, a written request for donated sick 12,255
leave. The board of supervisors shall determine whether the 12,256
employee is eligible to become a receiving employee, and shall 12,258
approve the request if it determines the employee is eligible. 12,259
(C)(1) A board of supervisors that approves a request for 12,262
285
an employee to become a receiving employee shall forward the 12,263
approved application to a committee that the Ohio association of 12,265
soil and water conservation district employees shall appoint to 12,266
act as a clearinghouse for the donation of sick leave under this 12,267
section. The committee shall post notice for not less than ten 12,268
days informing all employees of soil and water conservation 12,269
districts throughout the state that it has received an approved 12,270
application to become a receiving employee.
(2) A soil and water conservation district employee 12,272
desiring to become a donating employee shall complete and submit 12,273
a sick leave donation form to the employee's immediate supervisor 12,275
within twenty days after the date of the initial posting of the
notice described in division (C)(1) of this section. If the 12,276
board of supervisors of the employing district of an employee 12,278
desiring to become a donating employee approves the sick leave 12,279
donation, the board shall forward to the committee, together with 12,280
a check equal to the total value of the sick leave donation, a 12,281
copy of the sick leave donation form, and the board shall notify 12,282
the receiving employee regarding the donation. 12,283
(D) If the committee described in division (C)(1) of this 12,286
section receives a sick leave donation form and a check from a 12,287
board of supervisors, the committee shall deposit the check into 12,288
an account that it shall establish to be used to dispense funds 12,289
to the employing district of a receiving employee. The committee 12,290
shall notify the board of supervisors of the employing district 12,291
of a receiving employee of the amount of sick leave donated. The 12,293
board of supervisors shall bill the committee during each pay 12,294
period for the receiving employee's gross hourly wages in an 12,295
amount that does not exceed the amount donated to the receiving 12,296
employee. The board of supervisors, with the approval of the 12,297
county auditor, shall provide for the deposit into its 12,298
appropriate payroll account of any payments it receives for the 12,299
benefit of a receiving employee.
(E) The donation and receipt of sick leave under this 12,302
286
section is subject to all of the following: 12,303
(1) All donations of sick leave shall be voluntary. 12,306
(2) A donating employee is eligible to donate not less 12,308
than eight hours and not more than eighty hours of sick leave 12,309
during the same calendar year. 12,310
(3) The value of an hour of sick leave donated is the 12,312
value of the donating employee's gross hourly wage. The number 12,313
of hours received by a receiving employee from a donating 12,314
employee shall be a number that, when multiplied by the receiving 12,316
employee's gross hourly wage, equals the amount resulting when 12,317
the donating employee's gross hourly wage is multiplied by the 12,318
number of hours of sick leave donated.
(4) No paid leave shall accrue to a receiving employee for 12,321
any compensation received through donated sick leave, and the
receipt of donated sick leave does not affect the date on which a 12,323
receiving employee first qualifies for continuation of health
insurance coverage. 12,324
(5) If a receiving employee does not use all donated sick 12,326
leave during the period of the employee's leave of absence, the 12,327
unused balance shall be returned, within three months after the 12,328
end of the leave of absence and on a prorated basis, to each 12,329
donating employee who donated sick leave to the receiving 12,330
employee REMAIN IN THE ACCOUNT THAT THE COMMITTEE DESCRIBED IN 12,331
DIVISION (C)(1) OF THIS SECTION ESTABLISHED UNDER DIVISION (D) OF 12,332
THIS SECTION AND SHALL BE USED TO DISPENSE FUNDS IN THE FUTURE TO 12,333
THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. 12,334
Sec. 1521.04. The chief of the division of water, with the 12,343
approval of the director of natural resources, may make loans and 12,344
grants from the water management fund created in section 1501.32 12,345
of the Revised Code to governmental agencies for water 12,346
management, water supply improvements, and planning and may 12,347
administer grants from the federal government and from other 12,348
public or private sources for carrying out those functions and 12,349
for the performance of any acts that may be required by the 12,350
287
United States or by any agency or department thereof as a 12,351
condition for the participation by any governmental agency in any 12,352
federal financial or technical assistance program. Direct and 12,353
indirect costs of administration may be paid from the water 12,354
management fund. 12,355
The chief may use the water management fund to acquire, 12,357
construct, reconstruct, improve, equip, maintain, operate, and 12,358
dispose of water management improvements. He THE CHIEF may fix, 12,359
alter, charge, and collect rates, fees, rentals, and other 12,361
charges to be paid into the water management fund by governmental 12,362
agencies and persons who are supplied with water by facilities 12,363
constructed or operated by the department of natural resources in 12,364
order to amortize and defray the cost of the construction, 12,365
maintenance, and operation of those facilities. This section 12,366
does not apply to the Burr Oak water system administered by the 12,367
chief engineer of the department of natural resources under 12,368
Chapter 1507. SECTIONS 1507.01 AND 1507.12 of the Revised Code. 12,369
Sec. 1547.67. The division of watercraft, with the 12,382
approval of the director of natural resources, may expend, for 12,383
the purpose of assisting political subdivisions, conservancy 12,384
districts, and state departments to establish or maintain and 12,385
operate a marine patrol for the purpose of enforcing this chapter 12,386
AND CHAPTER 1548. OF THE REVISED CODE and rules adopted under it 12,388
THEM AND TO PROVIDE EMERGENCY RESPONSE TO BOATING ACCIDENTS ON 12,389
THE WATER, such funds as are appropriated by the general assembly 12,390
for that purpose, and, in addition, such moneys from the 12,391
waterways safety fund established in section 1547.75 of the 12,392
Revised Code as determined to be necessary by the division of
watercraft not to exceed ten per cent of all moneys accruing to 12,393
the fund. In no case shall the grant to a political subdivision, 12,394
conservancy district, or state department total more than 12,395
twenty-five THIRTY thousand dollars in a calendar year. Moneys 12,396
so allocated may be used for the purchase, maintenance, and 12,397
operation of vessels and marine equipment, educational materials, 12,398
288
and personnel salaries, THAT ARE necessary for enforcement of 12,399
this chapter AND CHAPTER 1548. OF THE REVISED CODE and rules 12,400
adopted under it, THEM and to provide for the public safety 12,402
EMERGENCY RESPONSE TO BOATING ACCIDENTS ON THE WATER. 12,403
The division of watercraft shall disburse the moneys as 12,405
provided in this section in accordance with its determination of 12,406
need in the enforcement of this chapter AND CHAPTER 1548. OF THE 12,407
REVISED CODE and rules adopted under it THEM and shall disburse 12,408
those moneys only on a matching COST SHARE basis to supplement 12,410
funds allocated by a political subdivision, conservancy district, 12,411
or state department for that purpose. A GRANTEE SHALL PROVIDE AT 12,412
LEAST TWENTY-FIVE PER CENT OF THE TOTAL PROGRAM COST.
Sec. 1547.68. To assist political subdivisions, 12,421
conservancy districts, state departments, or nonprofit 12,422
organizations in establishing or participating in boating safety 12,423
education programs, the division of watercraft, with the approval 12,424
of the director of natural resources, may expend moneys 12,425
appropriated by the general assembly for those purposes and, 12,426
additionally, moneys from the waterways safety fund established 12,427
in section 1547.75 of the Revised Code determined to be necessary 12,428
by the division, but not to exceed ten per cent of all moneys 12,429
accruing to the fund. In no case shall a grant to any one 12,430
political subdivision, conservancy district, state department, or 12,431
nonprofit organization total more than fifteen THIRTY thousand 12,432
dollars in a calendar year. Moneys so allocated may be used for 12,434
personnel salaries and training, materials, supplies, equipment, 12,435
and related expenses needed to conduct boating education 12,436
programs. 12,437
The division shall disburse the moneys as provided in this 12,439
section in accordance with its determination of need in the 12,440
enforcement of this chapter and rules adopted under it or for the 12,441
establishment of or participation in a boating safety education 12,442
program. The division shall disburse moneys only on a cost share 12,443
basis. A grantee shall provide at least twenty-five per cent of 12,444
289
the total program cost and may do so with cash, in-kind services 12,445
or contributions, or both A COMBINATION. The cost share shall be 12,447
allocated by a political subdivision, conservancy district, state 12,448
department, or nonprofit organization for those purposes. 12,449
Sec. 1547.72. (A) The division of watercraft, whenever it 12,458
considers it in the best interests of the state, and as an aid to 12,459
lake commerce and navigation or recreational boating, may 12,461
construct, maintain, repair, and operate refuge harbors and other 12,462
projects for the harboring, mooring, docking, launching, and 12,463
storing of light draft vessels, and marine recreational 12,464
facilities. Subject to section 1547.77 of the Revised Code, 12,465
those harbors, projects, and facilities may be constructed on 12,466
waters in this state. If a refuge harbor lies between the shore 12,467
line SHORELINE and a harbor line established by the United States 12,469
government so as to interfere with the wharfing out by a littoral 12,470
owner to navigable waters, the littoral owner shall consent 12,471
thereto in writing before the location and construction thereof. 12,472
The division may lease any space in those refuge harbors or 12,474
other projects for the harboring, mooring, docking, launching, 12,475
and storing of light draft vessels. The rental therefor shall be 12,476
determined by the division. 12,477
(B) The division, with the approval of the director of 12,479
natural resources, may expend for the acquisition of any rights 12,480
in land; for the construction, maintenance, repair, and operation 12,481
of refuge harbors and other projects for the harboring, mooring, 12,482
docking, launching, and storing of light draft vessels, and 12,483
marine recreational facilities on waters in this state; for 12,484
planning, studies, surveys, and engineering therefor; or for the 12,486
improvement of harbors, channels, and waterways to foster vessel 12,487
safety, funds appropriated by the general assembly for those 12,489
purposes and, in addition, moneys accruing to the waterways 12,490
safety fund established in section 1547.75 of the Revised Code. 12,491
(C) THE DIVISION, WITH THE APPROVAL OF THE DIRECTOR, MAY 12,493
DISTRIBUTE MONEYS FOR THE PURPOSE OF ADMINISTERING FEDERAL 12,494
290
ASSISTANCE UNDER THE "CLEAN VESSEL ACT OF 1992," 106 STAT. 5086, 12,496
33 U.S.C. 1322 NOTE, TO PUBLIC AND PRIVATE ENTITIES FOR THE 12,497
CONSTRUCTION, RENOVATION, OPERATION, AND MAINTENANCE OF PUMPOUT 12,498
STATIONS AND WASTE RECEPTION FACILITIES AND FOR ANY OTHER PURPOSE
PROVIDED UNDER THAT ACT. PUBLIC AND PRIVATE ENTITIES THAT 12,499
RECEIVE MONEYS UNDER THIS DIVISION MAY CHARGE FEES AT THE 12,500
FACILITIES IN ACCORDANCE WITH GUIDELINES ESTABLISHED UNDER THE 12,501
CLEAN VESSEL ACT OF 1992. 12,502
Sec. 1555.12. In the event the moneys to the credit of the 12,511
coal research and development bond service fund are insufficient 12,512
to meet in full all payments of interest, principal, and charges 12,513
for the retirement of obligations issued pursuant to Section 15 12,514
of Article VIII, Ohio Constitution, and section 1555.08 of the 12,515
Revised Code due and payable during the current calendar year, 12,516
except the principal of notes which THAT the commissioners of the 12,518
sinking fund certify will be retired by the issuance of bonds or 12,519
renewal notes or other obligations, the commissioners may on or 12,520
before the fifteenth day of January of any such year or any time 12,521
or times during such calendar year, but shall in any event within 12,522
ten days prior to the time any such payments are due or prior to 12,523
the date the payments required become due, certify to the 12,524
treasurer of state the total amount of such payments of 12,525
principal, interest, or charges, the amount of moneys to the 12,526
credit of the bond service fund, and the amount of additional 12,527
money necessary to be credited to the bond service fund to meet 12,528
in full the payment of such interest, principal, or charges when 12,529
due. 12,530
Upon the receipt of such certification, or if on 12,532
presentation for payment when due of either principal or interest 12,533
on obligations issued pursuant to Section 15 of Article VIII, 12,534
Ohio Constitution, and section 1555.08 of the Revised Code, there 12,535
are insufficient moneys for payment of such principal and 12,536
interest as certified to the treasurer of state, the treasurer of 12,537
state shall, after making whatever transfers are required by 12,538
291
divisions (C)(1), (2), and (3) of section 129.73 or section 12,539
5528.16 or 5528.36 of the Revised Code, transfer a sufficient 12,540
amount to the bond service fund from the undistributed receipts 12,541
derived from all excises and taxes of the state, except ad 12,542
valorem taxes on personal property, income taxes, and fees, 12,543
excises, or taxes relating to the registration, operation, or use 12,544
of vehicles on the public highways, or to fuels used for 12,545
propelling such vehicles, which excises and taxes, other than 12,546
those excepted, are and shall be deemed to be levied, in addition 12,547
to the purposes otherwise provided for by law, to provide in 12,548
accordance with the provisions of this section for the payment of 12,549
interest, principal, and charges on coal research and development 12,550
general obligations, including bonds and notes, issued pursuant 12,551
to Section 15 of Article VIII, Ohio Constitution, and section 12,552
1555.08 of the Revised Code, provided that the treasurer of state 12,553
shall draw from the undistributed revenues derived from the taxes 12,554
levied by sections 3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 12,555
5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 5731.19, 5733.06, 12,557
5739.02, 5741.02, 5743.02, and 5743.32 of the Revised Code in 12,558
proportion to the amount of undistributed revenues from each such 12,559
tax remaining after the transfer to the improvements bond 12,560
retirement fund created by Section 2f of Article VIII, Ohio 12,561
Constitution, the development bond retirement fund created by 12,562
Section 2h of Article VIII, Ohio Constitution, and the public 12,563
improvements bond retirement fund created by section 129.72 of 12,564
the Revised Code, of such amount of those revenues as may be 12,565
required by sections 129.55, 129.63, and 129.73 of the Revised 12,566
Code to be so transferred, provided that the commissioners of the 12,567
sinking fund may, in any resolution authorizing the issuance of 12,568
such coal research and development general obligations, MAY 12,569
provide for the reservation of the right to have the 12,570
undistributed revenues referred to in this paragraph applied 12,571
first to such bonds or other obligations as may thereafter be 12,572
issued and in priority to application thereof to the payment of 12,573
292
the principal and interest on obligations authorized by this 12,574
chapter, but such reservation shall not in any way qualify the 12,575
obligation of the state, which shall be absolute and 12,576
unconditional, to levy and collect at all times sufficient 12,577
excises and taxes, other than those excepted in Section 2i of 12,578
Article VIII, Ohio Constitution, as will produce adequate 12,579
revenues available for the payment of the principal and interest 12,580
of such coal research and development general obligations. 12,581
Sec. 2108.021. (A) EVERY HOSPITAL SHALL DEVELOP AND 12,583
IMPLEMENT A WRITTEN PROTOCOL FOR FACILITATING PROCUREMENT OF 12,584
ANATOMICAL GIFTS IN CONSULTATION WITH ALL RECOVERY AGENCIES THAT 12,585
WORK WITH THE HOSPITAL IN PROCURING AND REALIZING ANATOMICAL 12,586
GIFTS. THE PROTOCOL SHALL INCLUDE PROVISIONS UNDER WHICH THE 12,587
HOSPITAL SHALL DO ALL OF THE FOLLOWING: 12,588
(1) ENTER INTO AN AGREEMENT WITH AN ORGAN PROCUREMENT 12,590
ORGANIZATION THAT DOES ALL OF THE FOLLOWING: 12,591
(a) PROVIDES FOR THE HOSPITAL TO NOTIFY, IN A TIMELY 12,593
MANNER, THE ORGAN PROCUREMENT ORGANIZATION, OR A THIRD PARTY 12,594
DESIGNATED BY THE ORGANIZATION TO RECEIVE NOTIFICATION FROM THE 12,596
HOSPITAL, THAT AN INDIVIDUAL'S DEATH IS IMMINENT OR THE
INDIVIDUAL HAS DIED IN THE HOSPITAL; 12,598
(b) PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO 12,600
DETERMINE THE MEDICAL SUITABILITY OF THE POTENTIAL DONOR FOR 12,601
ORGAN DONATION;
(c) ON NOTIFICATION BY THE HOSPITAL OF THE DEATH OR 12,603
IMMINENT DEATH OF A POTENTIAL EYE OR TISSUE DONOR, PROVIDES FOR 12,604
THE ORGAN PROCUREMENT ORGANIZATION TO NOTIFY THE EYE AND TISSUE 12,606
BANKS THE HOSPITAL HAS AGREEMENTS WITH UNDER DIVISION (B) OF THIS 12,607
SECTION UNLESS THE ORGAN PROCUREMENT ORGANIZATION IS THE EYE OR 12,608
TISSUE BANK;
(d) UNLESS AN AGREEMENT THE HOSPITAL HAS ENTERED INTO WITH 12,610
AN EYE BANK OR TISSUE BANK UNDER DIVISION (B) OF THIS SECTION 12,611
PROVIDES FOR THE EYE OR TISSUE BANK TO DETERMINE MEDICAL 12,612
SUITABILITY OF THE POTENTIAL DONOR FOR EYE OR TISSUE DONATION, 12,613
293
PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO DETERMINE 12,614
MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR EYE AND TISSUE 12,615
DONATIONS.
(2) COLLABORATE WITH THE ORGAN PROCUREMENT ORGANIZATION TO 12,618
ESTABLISH A PROCEDURE FOR REQUESTING ORGAN, EYE, OR TISSUE 12,619
DONATIONS THAT ENSURES THE FAMILY OF EACH POTENTIAL DONOR IS 12,620
NOTIFIED OF THE OPTION TO DONATE ORGANS, EYES, OR TISSUES, OR TO 12,621
DECLINE TO DONATE;
(3) ENCOURAGE DISCRETION AND SENSITIVITY WITH RESPECT TO 12,623
THE CIRCUMSTANCES, OPINIONS, AND BELIEFS OF THE FAMILY OF EACH 12,624
POTENTIAL DONOR; 12,625
(4) COOPERATE WITH THE ORGAN PROCUREMENT ORGANIZATION AND 12,627
AN EYE BANK AND A TISSUE BANK TO DO ALL OF THE FOLLOWING: 12,628
(a) EDUCATE STAFF ON DONATION ISSUES; 12,630
(b) REVIEW DEATH CERTIFICATES AND OTHER RECORDS TO IMPROVE 12,632
IDENTIFICATION OF POTENTIAL DONORS; 12,633
(c) MAINTAIN THE BODY OF EACH POTENTIAL DONOR WHILE 12,635
NECESSARY TESTING AND MATCHING OF POTENTIAL DONATED ORGANS, 12,636
TISSUES, AND EYES TAKE PLACE. 12,637
(B) EACH HOSPITAL SHALL ENTER INTO AN AGREEMENT WITH AT 12,639
LEAST ONE EYE BANK AND AT LEAST ONE TISSUE BANK WITH WHICH THE 12,640
HOSPITAL WILL COOPERATE TO RETRIEVE, PROCESS, PRESERVE, STORE, 12,642
AND DISTRIBUTE ALL USABLE EYES AND TISSUES THAT HAVE BEEN
DONATED. IF THE ORGAN PROCUREMENT ORGANIZATION DESCRIBED IN 12,643
DIVISION (A) OF THIS SECTION OFFERS EYE OR TISSUE RECOVERY 12,644
SERVICES, IT MAY BE THE EYE BANK, TISSUE BANK, OR BOTH, WITH 12,646
WHICH THE HOSPITAL ENTERS INTO AN AGREEMENT.
AN AGREEMENT BETWEEN A HOSPITAL AND AN EYE BANK OR TISSUE 12,649
BANK MAY PROVIDE FOR THE EYE OR TISSUE BANK TO DETERMINE THE
MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR EYE OR TISSUE 12,650
DONATION.
NOTHING IN AN AGREEMENT ENTERED INTO UNDER THIS DIVISION 12,652
SHALL INTERFERE WITH THE PROCUREMENT OF ORGANS UNDER AN AGREEMENT 12,653
ENTERED INTO UNDER DIVISION (A)(1) OF THIS SECTION. 12,654
294
Sec. 2108.022. (A) A REQUEST TO ONE OR MORE OF THE 12,656
PERSONS DESCRIBED IN DIVISION (B) OF SECTION 2108.02 OF THE 12,657
REVISED CODE TO MAKE A GIFT OF APPROPRIATE PARTS OF A PATIENT'S 12,659
BODY SHALL BE INITIATED BY A PERSON DESIGNATED BY THE HOSPITAL, 12,660
WHICH MAY BE EITHER OF THE FOLLOWING: 12,661
(1) A REPRESENTATIVE OF THE ORGAN PROCUREMENT ORGANIZATION 12,663
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 12,666
CODE;
(2) AN INDIVIDUAL DESIGNATED BY THE HOSPITAL WHO HAS 12,668
COMPLETED A COURSE ON THE PROCEDURE FOR APPROACHING THE FAMILY OF 12,669
A POTENTIAL DONOR AND REQUESTING ORGAN, EYE, AND TISSUE DONATIONS 12,670
THAT IS OFFERED OR APPROVED BY THE ORGAN PROCUREMENT ORGANIZATION 12,671
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 12,673
CODE AND DESIGNED IN CONSULTATION WITH EYE AND TISSUE BANKS. 12,674
(B) A REQUEST TO ANY OF THE PERSONS DESCRIBED IN DIVISION 12,676
(B) OF SECTION 2108.02 OF THE REVISED CODE TO MAKE A GIFT OF 12,678
APPROPRIATE PARTS OF A PATIENT'S BODY SHALL NOT BE MADE IF THE 12,680
ORGAN PROCUREMENT ORGANIZATION REPRESENTATIVE OR THE INDIVIDUAL 12,681
DESIGNATED BY THE HOSPITAL HAS ACTUAL NOTICE OF CONTRARY 12,682
INTENTIONS BY THE PATIENT OR ACTUAL NOTICE OF OPPOSITION BY ANY 12,683
OF THE PERSONS DESCRIBED IN DIVISION (B) OF SECTION 2108.02 OF 12,684
THE REVISED CODE. 12,685
Sec. 2108.023. THE DIRECTOR OF HEALTH, IN COLLABORATION 12,687
WITH REPRESENTATIVES OF HOSPITALS AND ORGAN PROCUREMENT 12,688
ORGANIZATIONS, SHALL ISSUE GUIDELINES ESTABLISHING BOTH OF THE 12,689
FOLLOWING:
(A) RECOMMENDATIONS FOR THE TRAINING OF INDIVIDUALS 12,691
DESIGNATED TO MAKE REQUESTS FOR ANATOMICAL GIFTS UNDER DIVISION 12,692
(B) OF SECTION 2108.021 OF THE REVISED CODE, INCLUDING 12,693
REPRESENTATIVES OF ORGAN PROCUREMENT ORGANIZATIONS AND 12,695
INDIVIDUALS DESIGNATED BY HOSPITALS TO INITIATE ORGAN DONATION 12,696
REQUESTS;
(B) COMMUNICATION AND COORDINATION PROCEDURES TO IMPROVE 12,698
THE EFFICIENCY OF MAKING DONATED BODY PARTS AVAILABLE. THE 12,699
295
GUIDELINES SHALL INCLUDE PROCEDURES FOR COMMUNICATING WITH THE 12,700
APPROPRIATE RECOVERY AGENCY. 12,701
Sec. 2108.15. There is hereby created in the state 12,710
treasury the second chance trust fund. The fund shall consist of 12,711
voluntary contributions deposited as provided in sections 12,712
4506.081, 4507.231, and 4507.501 of the Revised Code. All 12,713
investment earnings of the fund shall be credited to the fund. 12,714
The director of health shall use the money in the fund only 12,716
for the following purposes: 12,717
(A) Development and implementation of a campaign that 12,719
explains and promotes the second chance trust fund; 12,720
(B) Development and implementation of a statewide public 12,722
education program about organ, tissue, and eye donation, 12,723
including the informational material required to be provided 12,724
under sections 4506.081, 4507.231, and 4507.501 of the Revised 12,725
Code;
(C) Development and implementation of statewide donor 12,727
awareness programs in secondary schools; 12,728
(D) Development and implementation of statewide programs 12,730
to recognize donor families; 12,731
(E) Development of statewide hospital training programs to 12,733
encourage and facilitate compliance with the provisions of 12,734
division (A) of section 2108.021 of the Revised Code concerning 12,736
circumstances under which an anatomical gift is required to be 12,738
requested;
(F) Reimbursement of the bureau of motor vehicles for the 12,741
administrative costs incurred in the performance of duties under 12,742
sections 4506.081, 4507.231, and 4507.501 of the Revised Code. 12,743
(G) Payment of the compensation of a staff member of the 12,745
department of health for the staff member's time spent monitoring 12,746
hospital compliance with sections 2108.01 to 2108.09 of the 12,747
Revised Code;
(H) Reimbursement UNTIL DECEMBER 31, 2000, REIMBURSEMENT 12,750
of board members for actual and necessary expenses incurred in 12,751
296
the performance of official duties.
The UNTIL DECEMBER 31, 2000, THE director shall consider 12,754
recommendations made by the second chance trust fund board 12,755
pursuant to section 2108.16 of the Revised Code. The UNTIL 12,756
DECEMBER 31, 2000, THE director shall determine the 12,757
appropriateness of and approve or disapprove projects recommended 12,758
by the board for funding and. ON AND AFTER DECEMBER 31, 2000, 12,759
THE DIRECTOR SHALL DETERMINE THE APPROPRIATENESS OF AND APPROVE 12,760
OR DISAPPROVE PROJECTS. THE DIRECTOR SHALL approve or disapprove 12,761
the disbursement of money from the second chance trust fund. 12,762
Sec. 2151.55. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 12,764
INTENDS TO PLACE A CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN 12,765
THE COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING 12,766
REMOVED FROM HOME, A REPRESENTATIVE OF THE PLACING ENTITY SHALL 12,767
ORALLY COMMUNICATE THE INTENDED PLACEMENT TO THE FOSTER CAREGIVER 12,768
WITH WHOM THE CHILD IS TO BE PLACED AND, IF THE CHILD WILL ATTEND 12,769
THE SCHOOLS OF THE DISTRICT IN WHICH THE FOSTER HOME IS LOCATED, 12,770
A REPRESENTATIVE OF THE SCHOOL DISTRICT'S BOARD OF EDUCATION. 12,771
Sec. 2151.551. DURING THE ORAL COMMUNICATION DESCRIBED IN 12,774
SECTION 2151.55 OF THE REVISED CODE, THE REPRESENTATIVE OF THE 12,775
PLACING ENTITY SHALL DO THE FOLLOWING:
(A) DISCUSS SAFETY AND WELL-BEING CONCERNS REGARDING THE 12,777
CHILD AND, IF THE CHILD ATTENDS SCHOOL, THE STUDENTS, TEACHERS, 12,778
AND PERSONNEL OF THE SCHOOL; 12,779
(B) PROVIDE THE FOLLOWING INFORMATION: 12,781
(1) A BRIEF DESCRIPTION OF THE REASONS THE CHILD WAS 12,783
REMOVED FROM HOME; 12,784
(2) SERVICES THE CHILD IS RECEIVING; 12,786
(3) THE NAME OF THE CONTACT PERSON FOR THE PLACING ENTITY 12,788
THAT IS DIRECTLY RESPONSIBLE FOR MONITORING THE CHILD'S 12,789
PLACEMENT;
(4) THE TELEPHONE NUMBER OF THE PLACING ENTITY AND, IF THE 12,791
CHILD IS IN THE TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF A 12,792
PRIVATE OR GOVERNMENT ENTITY OTHER THAN THE PLACING ENTITY, THE 12,793
297
TELEPHONE NUMBER OF THE ENTITY WITH CUSTODY; 12,794
(5) THE PREVIOUS SCHOOL DISTRICT ATTENDED BY THE CHILD; 12,796
(6) THE LAST KNOWN ADDRESS OF THE CHILD'S PARENTS. 12,798
Sec. 2151.552. NO LATER THAN FIVE DAYS AFTER A CHILD 12,800
DESCRIBED IN SECTION 2151.55 OF THE REVISED CODE IS ENROLLED IN 12,801
SCHOOL IN THE DISTRICT DESCRIBED IN THAT SECTION, THE PLACING 12,803
ENTITY SHALL PROVIDE IN WRITING THE INFORMATION DESCRIBED IN 12,804
DIVISION (B) OF SECTION 2151.551 OF THE REVISED CODE TO THE 12,805
SCHOOL DISTRICT AND THE CHILD'S FOSTER CAREGIVER. 12,806
Sec. 2151.553. EACH SCHOOL DISTRICT BOARD OF EDUCATION 12,808
SHALL IMPLEMENT A PROCEDURE FOR RECEIVING THE INFORMATION 12,809
DESCRIBED IN SECTION 2151.552 OF THE REVISED CODE. 12,810
Sec. 2151.554. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 12,812
PLACES A CHILD WHO HAS BEEN ADJUDICATED TO BE AN UNRULY OR 12,813
DELINQUENT CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN THE 12,814
COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING REMOVED 12,816
FROM HOME, THE PLACING ENTITY SHALL PROVIDE THE FOLLOWING
INFORMATION IN WRITING TO THE JUVENILE COURT OF THE COUNTY IN 12,818
WHICH THE FOSTER HOME IS LOCATED:
(A) THE INFORMATION LISTED IN DIVISIONS (B)(2) TO (4) OF 12,820
SECTION 2151.551 OF THE REVISED CODE; 12,822
(B) A BRIEF DESCRIPTION OF THE FACTS SUPPORTING THE 12,824
ADJUDICATION THAT THE CHILD IS UNRULY OR DELINQUENT; 12,825
(C) THE NAME AND ADDRESS OF THE FOSTER CAREGIVER; 12,827
(D) SAFETY AND WELL-BEING CONCERNS WITH RESPECT TO THE 12,829
CHILD AND COMMUNITY. 12,830
Sec. 2305.232. (A) No person who gives aid or advice in 12,839
an emergency situation relating to the prevention of an imminent 12,840
release of hazardous material, to the clean-up or disposal of 12,841
hazardous material that has been released, or to the related 12,842
mitigation of the effects of a release of hazardous material, nor 12,843
the public or private employer of such a person, is liable in 12,844
civil damages as a result of the aid or advice if all of the 12,845
following apply: 12,846
298
(1) The aid or advice was given at the request of: 12,848
(a) A sheriff, the chief of police or other chief officer 12,850
of the law enforcement agency of a municipal corporation, the 12,851
chief of police of a township police district, the chief of a 12,852
fire department, the state fire marshal, the director of 12,853
environmental protection, the chairman CHAIRPERSON of the public 12,854
utilities commission, the superintendent of the state highway 12,856
patrol, the state EXECUTIVE director of the emergency management 12,857
agency, the chief executive of a municipal corporation, or the 12,859
authorized representative of any such official, or the 12,860
legislative authority of a township or county; or 12,861
(b) The owner or manufacturer of the hazardous material, 12,863
an association of manufacturers of the hazardous material, or a 12,864
hazardous material mutual aid group;. 12,865
(2) The person giving the aid or advice acted without 12,867
anticipating remuneration for himself SELF or his THE PERSON'S 12,869
employer from the governmental official, authority, or agency 12,870
that requested the aid or advice; 12,871
(3) The person giving the aid or advice was specially 12,873
qualified by training or experience to give the aid or advice; 12,874
(4) Neither the person giving the aid or advice nor the 12,876
public or private employer of the person giving the aid or advice 12,877
was responsible for causing the release or threat of release nor 12,878
would otherwise be liable for damages caused by the release; 12,879
(5) The person giving the aid or advice did not engage in 12,881
willful, wanton, or reckless misconduct or grossly negligent 12,882
conduct in giving the aid or advice; 12,883
(6) The person giving the aid or advice notified the 12,885
emergency response section of the environmental protection agency 12,886
prior to giving the aid or advice. 12,887
(B) The immunity conferred by this section does not limit 12,889
the liability of any person whose action caused or contributed to 12,890
the release of hazardous material. That person is liable for any 12,891
enhancement of damages caused by the person giving aid or advice 12,892
299
under this section unless the enhancement of damages was caused 12,893
by the willful, wanton, or reckless misconduct or grossly 12,894
negligent conduct of the person giving aid or advice. 12,895
(C) This section does not apply to any person rendering 12,897
care, assistance, or advice in response to a discharge of oil 12,898
when that person's immunity from liability is subject to 12,899
determination under section 2305.39 of the Revised Code.
(D) As used in this section: 12,901
(1) "Hazardous material" means any material designated as 12,903
such under the "Hazardous Materials Transportation Act," 88 Stat. 12,904
2156 (1975), 49 U.S.C.A. 1803, as amended. 12,905
(2) "Mutual aid group" means any group formed at the 12,907
federal, state, regional, or local level whose members agree to 12,908
respond to incidents involving hazardous material whether or not 12,909
they shipped, transported, manufactured, or were at all connected 12,910
with the hazardous material involved in a particular incident. 12,911
(3) "Discharge" and "oil" have the same meanings as in 12,913
section 2305.39 of the Revised Code. 12,914
Sec. 2744.10. (A) AS USED IN THIS SECTION: 12,916
(1) "COMPUTER SERVICES," "COMPUTER," "COMPUTER SYSTEM," 12,918
"COMPUTER NETWORK," "COMPUTER PROGRAM," "COMPUTER SOFTWARE," AND 12,919
"DATA" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE 12,920
REVISED CODE.
(2) "INFORMATION TECHNOLOGY SYSTEM OR PRODUCT" INCLUDES A 12,922
COMPUTER SERVICE, COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, OR 12,923
COMPUTER PROGRAM, COMPUTER SOFTWARE, AND DATA AND ALSO INCLUDES, 12,924
BUT IS NOT LIMITED TO, ANY SOFTWARE, FIRMWARE, MICROCODE, 12,925
HARDWARE, EMBEDDED CHIPS, OR OTHER SYSTEM OR PRODUCT OR ANY 12,926
COMBINATION OF THOSE ITEMS THAT CREATES, READS, WRITES, 12,927
CALCULATES, COMPARES, SEQUENCES, OR OTHERWISE PROCESSES DATE 12,928
DATA.
(3) "STATE" AND "POLITICAL SUBDIVISION" HAVE THE SAME 12,930
MEANING AS IN SECTION 2744.01 OF THE REVISED CODE. 12,931
(4) "YEAR 2000 COMPLIANT" MEANS A COMPUTER SYSTEM OR 12,934
300
SYSTEMS THAT ARE, OR WILL BE, CAPABLE OF ACCURATELY PROCESSING, 12,935
STORING, PROVIDING AND RECEIVING DATE AND TIME DATA FROM, INTO, 12,936
AND BETWEEN THE TWENTIETH AND TWENTY-FIRST CENTURIES, INCLUDING 12,938
THE YEARS 1999 AND 2000, AND LEAP-YEAR CALCULATIONS, WHEN USED ON 12,940
A STAND-ALONE BASIS OR IN COMBINATION WITH OTHER HARDWARE, 12,941
FIRMWARE, OR SOFTWARE, WITHOUT CREATING NEW ERRORS OR SIDE 12,942
EFFECTS. THE PROCESSING OF DATE AND TIME DATA INCLUDES, BUT IS
NOT LIMITED TO, CALCULATING, COMPARING, PROJECTING, AND 12,943
SEQUENCING.
(B) THE STATE OR A POLITICAL SUBDIVISION SHALL NOT BE 12,945
LIABLE IN ANY CIVIL ACTION OR PROCEEDINGS FOR ANY DAMAGES CAUSED 12,947
BY THE FAILURE OF ANY INFORMATION TECHNOLOGY SYSTEM OR PRODUCT 12,948
PROVIDED OR USED BY THE STATE OR THE POLITICAL SUBDIVISION TO BE 12,949
YEAR 2000 COMPLIANT, UNLESS THE CLAIMANT PROVES, BY CLEAR AND
CONVINCING EVIDENCE, BOTH OF THE FOLLOWING APPLY: 12,950
(1) THE FAILURE OF THE INFORMATION TECHNOLOGY SYSTEM OR 12,952
PRODUCT TO BE YEAR 2000 COMPLIANT IS THE PROXIMATE CAUSE OF THE 12,954
DAMAGES ALLEGED.
(2) THE STATE OR THE POLITICAL SUBDIVISION FAILED TO MAKE 12,957
A GOOD FAITH EFFORT, PRIOR TO DECEMBER 31, 1999, TO BECOME YEAR 12,958
2000 COMPLIANT.
(D) AN ACTION FOR DAMAGES AGAINST THE STATE UNDER THIS 12,961
SECTION SHALL BE FILED IN THE COURT OF CLAIMS PURSUANT TO CHAPTER 12,962
2743. OF THE REVISED CODE.
Sec. 2941.51. (A) Counsel appointed to a case or selected 12,971
by an indigent person under division (E) of section 120.16 or 12,972
division (E) of section 120.26 of the Revised Code, or otherwise 12,973
appointed by the court, except for counsel appointed by the court 12,974
to provide legal representation for a person charged with a 12,975
violation of an ordinance of a municipal corporation, shall be 12,976
paid for their services by the county the compensation and 12,977
expenses that the trial court approves. Each request for payment 12,978
shall be accompanied by A FINANCIAL DISCLOSURE FORM AND an 12,979
affidavit of indigency THAT ARE completed by the indigent person 12,981
301
on forms prescribed by the state public defender. Compensation 12,982
and expenses shall not exceed the amounts fixed by the board of 12,983
county commissioners pursuant to division (B) of this section. 12,984
(B) The board of county commissioners shall establish a 12,986
schedule of fees by case or on an hourly basis to be paid by the 12,987
county for legal services provided by appointed counsel. Prior 12,988
to establishing such schedule, the board shall request the bar 12,989
association or associations of the county to submit a proposed 12,990
schedule. The schedule submitted shall be subject to the review, 12,991
amendment, and approval of the board of county commissioners. 12,992
(C) In a case where counsel have been appointed to conduct 12,994
an appeal under Chapter 120. of the Revised Code, such 12,995
compensation shall be fixed by the court of appeals or the 12,996
supreme court, as provided in divisions (A) and (B) of this 12,997
section. 12,998
(D) The fees and expenses approved by the court under this 13,000
section shall not be taxed as part of the costs and shall be paid 13,001
by the county. However, if the person represented has, or 13,002
reasonably may be expected to have, the means to meet some part 13,003
of the cost of the services rendered to the person, the person 13,005
shall pay the county an amount that the person reasonably can be 13,007
expected to pay. Pursuant to section 120.04 of the Revised Code, 13,008
the county shall pay to the state public defender a percentage of 13,010
the payment received from the person in an amount proportionate 13,012
to the percentage of the costs of the person's case that were 13,013
paid to the county by the state public defender pursuant to this 13,014
section. The money paid to the state public defender shall be 13,015
credited to the client payment fund created pursuant to division 13,016
(B)(5) of section 120.04 of the Revised Code. 13,018
(E) The county auditor shall draw a warrant on the county 13,021
treasurer for the payment of such counsel in the amount fixed by 13,022
the court, plus the expenses that the court fixes and certifies 13,023
to the auditor. The county auditor shall report periodically, 13,024
but not less than annually, to the board OF COUNTY COMMISSIONERS 13,025
302
and to the Ohio public defender commission the amounts paid out 13,026
pursuant to the approval of the court under this section, 13,027
separately stating costs and expenses that are reimbursable under 13,028
section 120.35 of the Revised Code. The board, after review and 13,029
approval of the auditor's report, may then certify it to the 13,030
state public defender for reimbursement. THE REQUEST FOR 13,031
REIMBURSEMENT SHALL BE ACCOMPANIED BY A FINANCIAL DISCLOSURE FORM 13,032
COMPLETED BY EACH INDIGENT PERSON FOR WHOM COUNSEL WAS PROVIDED 13,033
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 13,034
public defender shall review the report and, in accordance with 13,035
the standards, guidelines, and maximums established pursuant to 13,036
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 13,037
pay fifty per cent of the total cost, other than costs and 13,038
expenses that are reimbursable under section 120.35 of the 13,039
Revised Code, if any, of paying appointed counsel in each county 13,040
and pay fifty per cent of costs and expenses that are 13,041
reimbursable under section 120.35 of the Revised Code, if any, to 13,042
the board.
(F) If any county system for paying appointed counsel 13,044
fails to maintain the standards for the conduct of the system 13,045
established by the rules of the Ohio public defender commission 13,046
pursuant to divisions (B) and (C) of section 120.03 of the 13,047
Revised Code or the standards established by the state public 13,048
defender pursuant to division (B)(7) of section 102.04 120.04 of 13,050
the Revised Code, the commission shall notify the board of county
commissioners of the county that the county system for paying 13,052
appointed counsel has failed to comply with its rules. Unless 13,053
the board corrects the conduct of its appointed counsel system to 13,054
comply with the rules within ninety days after the date of the 13,055
notice, the state public defender may deny all or part of the 13,057
county's reimbursement from the state provided for in this 13,058
section.
Sec. 2949.17. (A) The sheriff may take one guard for 13,067
every two convicted felons to be transported to a correctional 13,069
303
institution. The trial judge may authorize a larger number of 13,070
guards upon written application of the sheriff, in which case a 13,071
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, 13,072
and the sheriff shall deliver the order with the convict to the 13,073
person in charge of the correctional institution. In 13,074
(B) IN order to obtain reimbursement for the county for 13,077
the expenses of transportation for indigent convicted felons, the
clerk of the court of common pleas shall prepare a transportation 13,078
cost bill for each indigent convicted felon transported pursuant 13,079
to this section for an amount equal to ten cents a mile from the 13,080
county seat to the state correctional institution and return for 13,081
the sheriff and each of the guards and five cents a mile from the 13,082
county seat to the state correctional institution for each
prisoner. The number of miles shall be computed by the usual 13,083
route of travel. THE CLERK'S DUTIES UNDER THIS DIVISION ARE 13,084
SUBJECT TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE. 13,085
Sec. 2949.19. The (A) SUBJECT TO DIVISION (B) OF THIS 13,095
SECTION, THE clerk of the court of common pleas shall report to 13,096
the state public defender all cases in which an indigent person 13,097
was convicted of a felony, all cases in which reimbursement is 13,098
required by section 2949.20 of the Revised Code, and all cost 13,099
bills for transportation that are prepared pursuant to section 13,100
2949.17 of the Revised Code. The reports shall be filed for each 13,101
fiscal quarter within thirty days after the end of the quarter on 13,102
a form prescribed by the state public defender and shall be 13,103
accompanied by a certification of a judge of the court that in 13,104
all cases listed in the report the defendant was determined to be 13,105
indigent and convicted of a felony or that the case is reported 13,106
pursuant to section 2949.20 of the Revised Code and that for each 13,107
transportation cost bill submitted pursuant to section 2949.17 of 13,108
the Revised Code that the convicted felon was determined to be 13,109
indigent. The state public defender shall review the reports 13,110
RECEIVED UNDER THIS DIVISION and prepare a transportation cost 13,111
304
voucher and a quarterly subsidy voucher for each county for the 13,112
amounts he THE STATE PUBLIC DEFENDER finds to be correct. To 13,114
compute the quarterly subsidy, the state public defender first 13,115
shall subtract the total of all transportation cost vouchers that 13,116
he THE STATE PUBLIC DEFENDER approves for payment for the quarter 13,118
from one-fourth of his THE STATE PUBLIC DEFENDER'S total
appropriation for criminal costs subsidy for the fiscal year of 13,120
which the quarter is part. He THE STATE PUBLIC DEFENDER then 13,121
shall compute a base subsidy amount per case by dividing the 13,123
remainder by the total number of cases from all counties he THE
STATE PUBLIC DEFENDER approves for subsidy for the quarter. The 13,125
quarterly subsidy voucher for each county shall then be the 13,126
product of the base subsidy amount times the number of cases 13,127
submitted by the county and approved for subsidy for the quarter. 13,128
Payment shall be made to the clerk. 13,129
The clerk shall keep a record of all cases submitted for 13,131
the subsidy in which the defendant was bound over to the court of 13,132
common pleas from the municipal court. Upon receipt of the 13,133
quarterly subsidy, the clerk shall pay to the clerk of the 13,134
municipal court, for municipal court costs in such cases, an 13,135
amount that does not exceed fifteen dollars per case, shall pay 13,136
foreign sheriffs for their services, and shall deposit the 13,137
remainder of the subsidy to the credit of the general fund of the 13,138
county. The clerk of the court of common pleas then shall stamp 13,139
his THE CLERK'S records "subsidy costs satisfied." 13,140
(B) IF NOTIFIED BY THE STATE PUBLIC DEFENDER UNDER SECTION 13,142
2949.201 OF THE REVISED CODE THAT, FOR A SPECIFIED STATE FISCAL 13,143
YEAR, THE GENERAL ASSEMBLY HAS NOT APPROPRIATED FUNDING FOR 13,144
REIMBURSEMENT PAYMENTS PURSUANT TO DIVISION (A) OF THIS SECTION, 13,145
THE CLERK OF THE COURT OF COMMON PLEAS IS EXEMPT FOR THAT STATE 13,146
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE CLERK BY DIVISION 13,147
(A) OF THIS SECTION AND BY SECTIONS 2949.17 AND 2949.20 OF THE
REVISED CODE. UPON PROVIDING THE NOTICE DESCRIBED IN THIS 13,148
DIVISION, THE STATE PUBLIC DEFENDER IS EXEMPT FOR THAT STATE 13,149
305
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE STATE PUBLIC 13,150
DEFENDER BY DIVISION (A) OF THIS SECTION. 13,151
Sec. 2949.20. In any case of final judgment of reversal as 13,160
provided in section 2953.07 of the Revised Code, whenever the 13,161
state of Ohio is the appellee, the clerk of the court of common 13,162
pleas of the county in which sentence was imposed shall certify 13,163
the case to the state public defender for reimbursement in the 13,164
report required by section 2949.19 of the Revised Code, SUBJECT 13,165
TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE.
Sec. 2949.201. (A) On or before the first day of February 13,174
of even-numbered years DATE SPECIFIED IN DIVISION (B) OF THIS 13,176
SECTION, IN EACH STATE FISCAL YEAR, the state public defender 13,179
shall report to the speaker and minority leader of the house of 13,181
representatives, the president and minority leader of the senate,
the office of budget and management, and the legislative budget 13,182
office of the legislative service commission an estimate of the 13,184
amount of money that will be required for the next fiscal 13,185
biennium to make the NOTIFY THE CLERK OF THE COURT OF COMMON 13,186
PLEAS OF EACH COUNTY WHETHER THE GENERAL ASSEMBLY HAS, OR HAS
NOT, APPROPRIATED FUNDING FOR THAT STATE FISCAL YEAR FOR 13,187
REIMBURSEMENT payments required by PURSUANT TO DIVISION (A) OF 13,188
section 2949.19 of the Revised Code. 13,189
(B) THE STATE PUBLIC DEFENDER SHALL PROVIDE THE 13,191
NOTIFICATION REQUIRED BY DIVISION (A) OF THIS SECTION ON OR 13,192
BEFORE WHICHEVER OF THE FOLLOWING DATES IS APPLICABLE: 13,193
(1) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,195
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,196
FISCAL YEAR IS IN EFFECT, ON OR BEFORE THE THIRTY-FIRST DAY OF 13,197
JULY;
(2) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,199
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,200
FISCAL YEAR IS NOT IN EFFECT, ON OR BEFORE THE DAY THAT IS THIRTY 13,201
DAYS AFTER THE EFFECTIVE DATE OF THE MAIN OPERATING 13,202
APPROPRIATIONS ACT THAT COVERS THAT FISCAL YEAR. 13,203
306
Sec. 3109.17. (A) For each fiscal biennium beginning on 13,213
the first day of July of each odd-numbered year, the children's
trust fund board shall establish a biennial state plan for the 13,214
allocation of funds in the children's trust fund. The plan shall 13,215
ensure that equal opportunity exists for the establishment of 13,216
child abuse and child neglect prevention programs and the use of 13,217
moneys from the fund to provide assistance in all geographic 13,218
areas of this state and to provide assistance to members of all 13,219
social and economic groups of this state. The plan shall be 13,220
transmitted to the governor, the president of the senate, and the 13,221
speaker of the house of representatives and shall be made 13,222
available to the general public. 13,223
(B) In developing and carrying out a plan, the children's 13,225
trust fund board shall, in accordance with Chapter 119. of the 13,226
Revised Code, do all of the following: 13,227
(1) Develop and adopt the state plan for the allocation of 13,229
funds and develop criteria, including standards for cost and 13,230
program effectiveness, for county or district allocation plans 13,232
and for individual projects in counties or districts that do not 13,233
have a child abuse and child neglect advisory board;
(2) Establish criteria, including standards for cost and 13,235
program effectiveness, for child abuse and child neglect 13,236
prevention programs; 13,237
(3)(2) Make grants A BLOCK GRANT to public or private 13,241
agencies or schools EACH CHILD ABUSE AND CHILD NEGLECT ADVISORY
BOARD for the purpose of child abuse and child neglect prevention 13,243
programs. The CHILDREN'S TRUST FUND board may consider factors 13,244
such as need, geographic location, diversity, coordination with 13,246
or improvement of existing services, maintenance of local funding 13,247
efforts, and extensive use of volunteers. Children's trust fund 13,248
moneys shall be allocated among all counties THAT HAVE 13,249
ESTABLISHED CHILD ABUSE AND NEGLECT ADVISORY BOARDS. THE 13,250
ALLOCATION SHALL BE according to a formula based on the ratio of 13,252
the number of children under the age of eighteen in the county to 13,253
307
the number of children under the age of eighteen in the state, as 13,254
shown in the most recent federal decennial census of population; 13,255
provided, that each county receiving trust fund moneys shall 13,256
receive a minimum of ten thousand dollars per funding year. 13,257
(4)(3) Approve each county or district allocation plan and 13,259
individual project in whole or in part if it THAT is in 13,260
compliance with the criteria established under this section and 13,262
under section 3109.18 of the Revised Code. If an allocation plan 13,263
or individual project is rejected in whole or in part, the board 13,264
shall: 13,265
(a) Cite specific reasons for rejection; 13,267
(b) When appropriate, offer recommendations and technical 13,269
assistance to bring the plan or project into compliance, holding 13,270
the funds until the plan or project is finally approved or 13,273
rejected.
(5)(4) Notify each advisory board or individual applicant 13,276
in writing whether the allocation plan or individual project has 13,277
been approved in whole or in part not later than sixty days after 13,278
submission of the plan or project to the children's trust fund 13,279
board; 13,280
(6)(5) Regularly review and monitor the expenditure of 13,282
moneys from the children's trust fund; 13,283
(7)(6) Consult with appropriate state agencies to help 13,285
determine the probable effectiveness and fiscal soundness of and 13,286
need for proposed community-based child abuse and child neglect 13,287
prevention programs; 13,288
(8)(7) Facilitate the exchange of information between 13,290
groups concerned with programs for children in this state; 13,291
(9)(8) Provide for statewide educational and public 13,293
informational conferences and workshops for the purpose of 13,294
developing appropriate public awareness regarding the problems of 13,295
families and children, encouraging professional persons and 13,296
groups to recognize and deal with problems of families and 13,297
children, making information regarding the problems of families 13,298
308
and children and the prevention of these problems available to 13,299
the general public in order to encourage citizens to become 13,300
involved in the prevention of such problems, and encouraging the 13,301
development of community prevention programs; 13,302
(10)(9) Establish a procedure for a written annual 13,304
internal evaluation of the functions, responsibilities, and 13,305
performance of the board. The evaluation shall be coordinated 13,306
with the state plan. The evaluation shall be transmitted to the 13,307
governor, the president of the senate, and the speaker of the 13,308
house of representatives and shall be made available to the 13,309
general public. 13,310
Sec. 3109.18. (A) Each A board of county commissioners in 13,319
the following counties shall establish a child abuse and child 13,320
neglect advisory board: Cuyahoga, Franklin, Hamilton, Lucas, 13,321
Montgomery, and Summit. The boards of county commissioners of 13,323
the remaining counties may establish a child abuse and child 13,324
neglect advisory board or the MAY DESIGNATE THE COUNTY FAMILY AND 13,325
CHILDREN FIRST COUNCIL TO SERVE AS THE CHILD ABUSE AND CHILD 13,326
NEGLECT ADVISORY BOARD. THE boards of county commissioners of 13,327
two or more contiguous counties may form a multicounty district 13,328
to be served by a multicounty child abuse and child neglect 13,329
advisory board OR MAY DESIGNATE A REGIONAL FAMILY AND CHILDREN 13,330
FIRST COUNCIL TO SERVE AS THE MULTICOUNTY CHILD ABUSE AND CHILD 13,331
NEGLECT ADVISORY BOARD. 13,332
Each (B) EXCEPT IN THE CASE OF A COUNTY OR REGIONAL FAMILY 13,334
AND CHILDREN FIRST COUNCIL THAT IS DESIGNATED TO SERVE AS A child 13,336
abuse and child neglect advisory board, EACH ADVISORY BOARD shall 13,337
consist of an odd number of members who represent both public and 13,338
private child serving agencies, and persons with demonstrated 13,339
knowledge in programs for children, such as persons from the 13,340
educational community, parent groups, juvenile justice, and the 13,341
medical community. Of the members first appointed, at least one 13,342
shall serve for a term of three years, at least one for a term of 13,343
two years, and at least one for a term of one year. Thereafter, 13,344
309
each member shall serve a term of three years. Each member shall 13,345
serve until his THE MEMBER'S successor is appointed. All 13,346
vacancies on the board shall be filled for the balance of the 13,348
unexpired term in the same manner as the original appointment. 13,349
Each board shall meet at least quarterly. 13,350
(C) Each board of county commissioners may incur 13,352
reasonable costs not to exceed three per cent of the funding 13,353
allocated to the county or district under section 3109.17 of the 13,354
Revised Code, for the purpose of carrying out the functions of 13,355
the advisory board. 13,356
(B) Annually, each (D) EACH child abuse and child neglect 13,359
advisory board shall DO ALL OF THE FOLLOWING EVERY TWO YEARS: 13,360
(1) Give effective public notice to all potential 13,362
applicants about the availability of funds from the children's 13,363
trust fund. The notification shall include an estimate of the 13,364
amount of money available for grants within each county or 13,365
district, the date of at least one public hearing, the deadline 13,366
for submitting applications for grants, and information on 13,367
obtaining a copy of the application form; 13,368
(2) Review all applications received using criteria 13,370
established by the children's trust fund board under section 13,371
3109.17 of the Revised Code and any criteria developed by the 13,372
child abuse and child neglect advisory board, and develop an 13,373
allocation plan for the county or district; 13,374
(3) Submit the allocation plan to the children's trust 13,376
fund board, with evidence of compliance with this section and 13,377
with section 3109.17 of the Revised Code; 13,378
(4) Upon notification by the children's trust fund board 13,380
that the allocation plan is in compliance with the criteria 13,381
established by the boards, MAKE GRANTS FOR THE PURPOSE OF CHILD 13,382
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS AND monitor the 13,383
operation of the allocation plan; 13,384
(5) Establish procedures for evaluating programs in the 13,386
county or district, including reporting requirements for grant 13,387
310
recipients. 13,388
Applicants from counties that are not served by a child 13,390
abuse and child neglect advisory board shall apply for funding to 13,391
the children's trust fund board. 13,392
(C)(E) A recipient of a grant from the children's trust 13,394
fund shall use the grant funds only to fund child abuse and child 13,395
neglect prevention programs. A recipient of a grant may use the 13,396
grant funds only for the expansion of existing programs or the 13,397
creation of new programs. 13,398
Any grant funds that are not spent by the counties or the 13,400
recipient of the funds within the time specified by the terms of 13,401
the grant shall be returned to the treasurer of state COUNTY OR 13,402
DISTRICT ADVISORY BOARD. ANY GRANT FUNDS RETURNED THAT ARE NOT 13,403
REDISTRIBUTED BY THE ADVISORY BOARD WITHIN THE TIME SPECIFIED BY 13,404
THE TERMS OF THE ORIGINAL GRANT SHALL BE RETURNED TO THE 13,405
TREASURER OF STATE. The treasurer of state shall deposit such 13,406
unspent moneys into the children's trust fund to be spent for 13,407
purposes consistent with the state plan adopted under section 13,408
3109.17 of the Revised Code.
(D)(F) Applications for grants from the children's trust 13,410
fund shall be MADE TO A COUNTY OR DISTRICT ADVISORY BOARD on 13,411
forms prescribed by the department of human services and, after 13,413
any review required by division (B) of this section, shall be 13,414
submitted to the children's trust fund board by the date required 13,415
in the schedule established by rules adopted by the board. Each 13,416
application shall include at least the following:
(1) Information showing that the applicant meets the 13,418
eligibility requirements of section 3109.17 of the Revised Code; 13,419
(2) If the applicant is a corporation, a list of the 13,421
trustees of the corporation; 13,422
(3)(2) A specification of the amount of money requested; 13,424
(4)(3) A summary of the program that the applicant intends 13,426
to provide with funds from the grant; 13,427
(5)(4) Any other information required by rules adopted by 13,429
311
the children's trust fund board. 13,430
(G)(1) Each recipient of a CHILDREN'S TRUST FUND grant 13,432
from the children's trust fund A COUNTY OR DISTRICT ADVISORY 13,433
BOARD shall file two copies A COPY of an annual report with the 13,434
county or district advisory board. If no such board serves the 13,436
recipient's county of residence, the recipient shall file two 13,437
copies of an annual report with the children's trust fund board. 13,438
The annual report shall describe the program provided by the 13,439
recipient, indicate the manner in which the grant funds were 13,440
expended, include the results of an independent audit of the 13,441
funds, and include other information that the granting board or 13,442
the department may require. If a public agency is a recipient of 13,443
a grant, the results of the most recent audit of the funds 13,444
conducted under Chapter 117. of the Revised Code shall be 13,445
considered to be the results of the independent audit of the 13,446
funds that must be included in the annual report. The granting 13,447
boards shall annually file one copy of each annual report with 13,449
the department, which shall compile the reports received pursuant 13,450
to this section. 13,451
(2) EACH COUNTY OR DISTRICT ADVISORY BOARD SHALL FILE 13,453
ANNUALLY WITH THE CHILDREN'S TRUST FUND BOARD A REPORT REGARDING 13,454
THE COUNTY OR DISTRICT ALLOCATION PLAN THAT CONTAINS THE 13,455
INFORMATION REQUIRED BY THE CHILDREN'S TRUST FUND BOARD. 13,456
Sec. 3701.261 3335.60. (A) The director of health ARTHUR 13,466
G. JAMES CANCER HOSPITAL AND RESEARCH INSTITUTE OF THE OHIO STATE 13,467
UNIVERSITY shall:
(1) Establish a population-based cancer registry, which 13,469
shall be known as the Ohio cancer incidence surveillance system, 13,471
to monitor the incidence of various types of malignant diseases 13,472
in Ohio, make appropriate epidemiologic studies to determine any 13,473
causal relations of such diseases with occupational, nutritional, 13,474
environmental, or infectious conditions, and alleviate or 13,475
eliminate any such conditions; 13,476
(2) Advise, consult, cooperate with, and assist, by 13,478
312
contract or otherwise, agencies of the state and federal 13,480
government, agencies of the governments of other states, agencies 13,481
of political subdivisions of this state, universities, private 13,482
organizations, corporations, and associations for the purposes of
division (A)(1) of this section; 13,483
(3) Accept and administer grants from the federal 13,485
government or other sources, public or private, for carrying out 13,487
any of the functions enumerated in divisions (A)(1) and (2) of 13,488
this section.
(B) The Ohio cancer incidence surveillance system shall 13,490
follow a model of cancer data collection as set forth by the 13,491
survey epidemiology and end results system (SEERS). 13,492
Sec. 3701.262 3335.61. (A) As used in this section and 13,501
section 3701.263 of the Revised Code: 13,503
(1) "Physician" means a person who holds a valid 13,505
certificate issued under Chapter 4731. of the Revised Code 13,506
authorizing him THE PERSON to practice medicine or surgery or 13,507
osteopathic medicine and surgery. 13,508
(2) "Dentist" means a person who is licensed under section 13,510
4715.12 or 4715.15 of the Revised Code to practice dentistry. 13,511
(3) "Hospital" has the same meaning as in section 3727.01 13,513
of the Revised Code. 13,514
(4) "Cancer" includes those diseases specified by rule of 13,516
the director of health under division (B)(2) of this section. 13,517
(B) The director of health ARTHUR G. JAMES CANCER HOSPITAL 13,520
AND RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall adopt 13,521
rules in accordance with Chapter 119. of the Revised Code to do 13,522
all of the following:
(1) Establish the Ohio cancer incidence surveillance 13,524
system required by section 3701.261 3335.60 of the Revised Code; 13,526
(2) Specify the types of cancer and other tumorous and 13,528
precancerous diseases to be reported to the department of health 13,529
under division (D) of this section; 13,530
(3) Establish reporting requirements for information 13,532
313
concerning diagnosed cancer cases as he THE CANCER HOSPITAL 13,533
considers necessary to conduct epidemiologic surveys of cancer in 13,535
this state;
(4) Establish standards that must be met by research 13,537
projects to be eligible to receive information from the 13,538
department of health under division (B) of section 3701.263 13,539
3335.62 of the Revised Code. 13,541
(C) The department of health CANCER HOSPITAL shall record 13,543
in the registry all reports of cancer received by it. In the 13,545
development and administration of the cancer registry, the 13,546
department CANCER HOSPITAL may use information compiled by public 13,548
or private cancer registries and may contract for the collection 13,549
and analysis of, and research related to, the information 13,550
recorded under this section.
(D) Each physician, dentist, hospital, or person providing 13,552
diagnostic or treatment services to patients with cancer shall 13,553
report each case of cancer to the department CANCER HOSPITAL. 13,554
Any person required to report pursuant to this section may elect 13,556
to report to the department CANCER HOSPITAL through an existing 13,557
cancer registry if the registry meets the reporting standards 13,559
established by the director and reports to the department CANCER 13,560
HOSPITAL.
(E) All physicians, dentists, hospitals, or persons 13,562
providing diagnostic or treatment services to patients with 13,563
cancer shall grant to the deparment CANCER HOSPITAL or its 13,564
authorized representative access to all records that identify 13,566
cases of cancer or establish characteristics of cancer, the 13,567
treatment of cancer, or the medical status of any identified 13,568
cancer patient.
(F) Within one year after the effective date of this 13,570
section, the department THE CANCER HOSPITAL shall evaluate the 13,572
cancer reports collected pursuant to this section. The
department CANCER HOSPITAL shall publish and make available to 13,573
the public reports summarizing the information collected. The 13,575
314
first summary report shall be published not later than ninety 13,576
days after the end of the first full calendar year ending after 13,577
the effective date of this section AMENDMENT. Subsequent annual 13,579
summary reports shall be made on a calendar year basis and 13,581
published not later than ninety days after the end of each 13,582
calendar year.
(G) Furnishing information, including records, reports, 13,584
statements, notes, memoranda, or other information, to the 13,585
department of health CANCER HOSPITAL, either voluntarily or as 13,586
required by this section, or to a person or governmental entity 13,588
designated as a medical research project by the department CANCER 13,589
HOSPITAL, does not subject a physician, dentist, hospital, or 13,591
person providing diagnostic or treatment services to patients 13,592
with cancer to liability in an action for damages or other relief 13,593
for furnishing the information. 13,594
(H) This section does not affect the authority of any 13,596
person or facility providing diagnostic or treatment services to 13,597
patients with cancer to maintain facility-based tumor registries, 13,598
in addition to complying with the reporting requirements of this 13,599
section. 13,600
(I) No person shall fail to make the cancer reports 13,602
required by division (D) of this section. 13,603
Sec. 3701.263 3335.62. (A) Any information, data, and 13,612
reports with respect to a case of malignant disease which are 13,614
furnished to, or procured by, any cancer registry in this state 13,615
or the department of health ARTHUR G. JAMES CANCER HOSPITAL AND 13,617
RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall be 13,618
confidential and shall be used only for statistical, scientific, 13,619
and medical research for the purpose of reducing the morbidity or 13,620
mortality of malignant disease. No physician, dentist, person, 13,621
or hospital furnishing such information, data, or report to any 13,622
such cancer registry or the department of health CANCER HOSPITAL, 13,623
with respect to a case of malignant disease treated or examined 13,625
by such physician, dentist, or person, or confined in such 13,626
315
hospital, shall by reason of such furnishing be deemed to have 13,627
violated any confidential relationship, or be held liable in 13,628
damages to any person, or be held to answer for willful betrayal 13,629
of a professional confidence within the meaning and intent of 13,630
section 4731.22 of the Revised Code.
(B) The department of health CANCER HOSPITAL shall 13,632
prescribe a release of confidential information form for use 13,634
under this division.
Information concerning individual cancer patients obtained 13,636
by the department of health CANCER HOSPITAL for the Ohio cancer 13,637
incidence surveillance system is for the confidential use of the 13,639
department SURVEILLANCE SYSTEM only, except as follows: 13,641
(1) The department CANCER HOSPITAL shall grant to a person 13,643
involved in a medical research project that meets the standards 13,645
established by the director of health CANCER HOSPITAL under 13,646
section 3701.262 3335.61 of the Revised Code access to 13,648
confidential information concerning individual cancer patients if 13,649
all of the following conditions are met:
(a) The person conducting the research provides written 13,651
information about the purpose of the research project, the nature 13,652
of the data to be collected and how the researcher intends to 13,653
analyze it, the records the researcher seeks to review, and the 13,654
safeguards the researcher will take to protect the identity of 13,655
patients whose records the researcher will be reviewing. 13,656
(b) In the view of the director of health CANCER HOSPITAL, 13,658
the proposed safeguards are adequate to protect the identity of 13,660
each patient whose records will be reviewed. 13,661
(c) An agreement is executed between the department CANCER 13,663
HOSPITAL and the researcher that specifies the terms of the 13,665
researcher's use of the records and prohibits the publication or 13,666
release of the names of individual cancer patients or any facts 13,667
tending to lead to the identification of individual cancer 13,668
patients.
(2) Notwithstanding division (B)(1) of this section, a 13,670
316
researcher may, with the approval of the department CANCER 13,671
HOSPITAL, use the names of individual cancer patients when 13,673
requesting additional information for research purposes or 13,674
soliciting a patient's participation in a research project. If a 13,675
researcher requests additional information or a cancer patient's 13,676
participation in a research project, the researcher shall first 13,677
obtain the oral or written consent of the patient's attending 13,678
physician. If the consent of the patient's attending physician 13,679
is obtained, the researcher shall obtain the patient's written 13,680
consent by having the patient complete a release of confidential 13,681
information form.
(3) The department CANCER HOSPITAL may release 13,683
confidential information concerning individual cancer patients to 13,685
physicians for diagnostic and treatment purposes if the patient's 13,686
attending physician gives oral or written consent to the release 13,687
of the information and the patient gives written consent by 13,688
completing a release of confidential information form. 13,689
(4) The department CANCER HOSPITAL may release 13,691
confidential information concerning individual cancer patients to 13,693
the cancer registry of another state, if the other state has 13,694
entered into a reciprocal agreement with the department CANCER 13,695
HOSPITAL and the agreement provides that the state will comply 13,697
with this section and that information identifying a patient will 13,698
not be released to any person without the written consent of the 13,699
patient.
(C) Nothing in this section prevents the release to any 13,701
person of epidemiological information that does not identify 13,702
individual cancer patients. 13,703
(D) No person shall fail to comply with the 13,705
confidentiality requirements of this section. 13,706
Sec. 3335.99. WHOEVER VIOLATES DIVISION (I) OF SECTION 13,708
3335.61 OR DIVISION (D) OF SECTION 3335.62 OF THE REVISED CODE IS 13,709
GUILTY OF A MINOR MISDEMEANOR ON A FIRST OFFENSE. ON EACH 13,710
SUBSEQUENT OFFENSE, THE PERSON IS GUILTY OF A MISDEMEANOR OF THE 13,711
317
FOURTH DEGREE.
Sec. 3353.06. (A) THE AFFILIATES SERVICES FUND IS HEREBY 13,713
CREATED IN THE STATE TREASURY. THE OHIO EDUCATIONAL 13,714
TELECOMMUNICATIONS NETWORK COMMISSION SHALL DEPOSIT ANY MONEY IT 13,715
RECEIVES TO THE CREDIT OF THE FUND, INCLUDING: 13,716
(1) REIMBURSEMENTS FOR SERVICES PROVIDED TO STATIONS; 13,718
(2) CHARGES LEVIED FOR MAINTENANCE OF TELECOMMUNICATIONS, 13,720
BROADCASTING, OR TRANSMISSION EQUIPMENT; 13,721
(3) CONTRACT OR GRANT PAYMENTS. 13,723
(B) THE COMMISSION SHALL USE MONEY CREDITED TO THE 13,725
AFFILIATES SERVICES FUND FOR ANY COMMISSION OPERATING PURPOSES, 13,726
INCLUDING:
(1) THE PURCHASE, REPAIR, OR MAINTENANCE OF 13,728
TELECOMMUNICATIONS, BROADCASTING, OR TRANSMISSION EQUIPMENT; 13,729
(2) THE PURCHASE OR LEASE OF EDUCATIONAL PROGRAMMING; 13,731
(3) THE PURCHASE OF TAPE AND MAINTENANCE OF A MEDIA 13,733
LIBRARY;
(4) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES; 13,735
(5) ADMINISTRATIVE EXPENSES AND LEGAL FEES. 13,737
Sec. 3353.07. THE OHIO EDUCATIONAL TELECOMMUNICATIONS 13,739
NETWORK COMMISSION SHALL NOT CHARGE OR COLLECT BROADCASTING FEES 13,740
FROM OHIO GOVERNMENT TELEVISION OF THE CAPITOL SQUARE REVIEW AND 13,741
ADVISORY BOARD. 13,742
Sec. 3375.90. Public libraries in two or more counties, or 13,751
four or more libraries, including two or more types, within a 13,753
metropolitan area, as defined by the state library board, may 13,754
form a regional library system by agreement in the manner set 13,756
forth in this section.
(A) The libraries authorized to form a regional library 13,759
system may include any of the following types of libraries: 13,761
academic, public, special, and school, including cooperative 13,762
ventures established by two or more school districts. For the 13,763
purposes of this section, such THOSE libraries may be serving the 13,764
general public, public or private schools, colleges or 13,765
318
universities, or a profession, occupation, or business. 13,766
An agreement for the formation of a regional library system 13,769
shall first be approved by the governing bodies of the 13,770
participating libraries. For the purposes of this section, the 13,771
"governing body of a library" means the board of trustees of a 13,773
public library, or the board of education of a public school or 13,774
school system if the library is a public school library, or 13,775
otherwise the board of trustees or directors or other recognized 13,776
governing board or committee of any private school, college, 13,777
university, association, or union, public or private, which 13,779
provides, controls, or maintains a library which THAT is intended 13,781
to be a participating library.
(B) Except as otherwise provided in division (D) of this 13,784
section, the agreement and an application for the formation of
the regional library system shall be submitted to the state 13,786
library board in the form and in accordance with rules prescribed 13,787
by the state library board, with a plan of service describing the 13,788
specific purposes for which the system is formed and the means by 13,789
which such THOSE purposes are to be accomplished.
(C) Upon approval of the application by the state library 13,791
board and the making by that board or some other authority or 13,792
authorities of a grant or grants for the system, the regional 13,793
library system shall become operable. The state library board 13,794
shall approve no more than eleven SEVEN regional library systems. 13,795
A regional library system shall be governed by a board of 13,798
trustees consisting of at least seven and no more than fifteen 13,799
persons, to be selected from among the representatives of the 13,800
participating libraries, duly appointed as such representatives 13,801
by the governing bodies of the participating libraries. 13,802
The number of trustees, the manner of selection, the terms 13,804
of office, and the provisions for filling vacancies shall be 13,806
determined by the agreement between the governing bodies of the 13,807
participating libraries, and shall be set forth in the 13,809
application submitted to the state library board. Nothing
319
pertaining to the organization and operation of a regional 13,810
library system shall be construed to infringe upon the autonomy 13,812
of any participating library or of the governing body of any 13,813
library.
(D) No area library service organization or metropolitan 13,815
library system in existence on the effective date of this 13,816
amendment MARCH 30, 1999, shall be required to submit a new 13,818
agreement and application to the state library board in order to 13,819
continue operation as a regional library system on and after that
date. Any agreement that applied under this section immediately 13,820
prior to the effective date of this amendment MARCH 30, 1999, to 13,822
an area library service organization or metropolitan library 13,823
system that continues operation as a regional library system 13,824
under this division shall continue to govern the applicable
regional library system to the extent authorized by sections 13,825
3375.90 to 3375.93 of the Revised Code. 13,826
Sec. 3383.08. There is hereby created in the state 13,835
treasury the capital donations fund, which shall be administered 13,836
by the Ohio arts and sports facilities commission. The fund 13,837
shall consist of gifts, grants, devises, bequests, and other 13,838
financial contributions made to the commission for the
construction or improvement of arts and sports facilities and 13,839
shall be used in accordance with the specific purposes for which 13,841
the gifts, grants, devises, bequests, or other financial 13,842
contributions are made. All investment earnings of the fund 13,843
shall be credited to the fund. Chapters 123., 125., 127., and 13,844
153. and section 3517.13 of the Revised Code do not apply to 13,845
contracts paid from the fund, notwithstanding anything to the 13,846
contrary in those chapters or that section. 13,847
Not later than the tenth day of each ONE month FOLLOWING 13,849
THE END OF EACH QUARTER OF THE FISCAL YEAR, the commission shall 13,850
allocate the amounts credited to the fund FROM INVESTMENT 13,851
EARNINGS during the THAT preceding month QUARTER OF THE FISCAL 13,852
YEAR among the specific projects for which they are to be used 13,854
320
and shall certify this information to the director of budget and 13,856
management. Investment earnings of the fund shall be allocated 13,858
in the same manner as the gifts, grants, devises, bequests, and
other financial contributions to which they are attributable. 13,860
If the amounts credited to the fund for a particular 13,863
project exceed what is required to complete that project, the
commission may refund any such OF THOSE excess amounts, including 13,865
unexpended investment earnings attributable to those amounts, to 13,867
the entity from which they were received. 13,868
Sec. 3501.18. (A) The board of elections may divide a 13,877
political subdivision, within its jurisdiction, into precincts 13,878
and establish, define, divide, rearrange, and combine the several 13,879
election precincts within its jurisdiction and change the 13,880
location of the polling place for each precinct when it is 13,881
necessary to maintain the requirements as to the number of voters 13,882
in a precinct and to provide for the convenience of the voters 13,883
and the proper conduct of elections, provided that no change in 13,884
the number of precincts or in the PRECINCT boundaries thereof 13,886
shall be made during the twenty-five days immediately preceding a 13,887
primary or general election nor between the first day of January 13,888
and the day on which the members of county central committees are 13,889
elected in the years in which such THOSE committees are elected. 13,890
Each EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS 13,891
SECTION, EACH precinct shall contain a number of electors, not to 13,893
exceed one thousand, that the board of elections determines to be 13,894
a reasonable number after taking into consideration the type and 13,895
amount of available equipment, prior voter turnout, the size and 13,896
location of each selected polling place, available parking,
availability of an adequate number of poll workers, and handicap 13,897
accessibility and other accessibility to the polling place. 13,898
If the board changes the boundaries of a precinct after the 13,900
filing of a local option election petition pursuant to sections 13,901
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that 13,903
calls for a local option election to be held in that precinct, 13,904
321
the local option election shall be held in the area that
constituted the precinct at the time the local option petition 13,905
was filed, regardless of the change in the boundaries. 13,906
IF THE BOARD CHANGES THE BOUNDARIES OF A PRECINCT IN ORDER 13,908
TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS SECTION IN A 13,909
MANNER THAT CAUSES A MEMBER OF A COUNTY CENTRAL COMMITTEE TO NO 13,910
LONGER QUALIFY AS A REPRESENTATIVE OF AN ELECTION PRECINCT IN THE 13,911
COUNTY, OF A WARD OF A CITY IN THE COUNTY, OR OF A TOWNSHIP IN 13,912
THE COUNTY, THE MEMBER SHALL CONTINUE TO REPRESENT THE PRECINCT, 13,913
WARD, OR TOWNSHIP FOR THE REMAINDER OF THE MEMBER'S TERM, 13,914
REGARDLESS OF THE CHANGE IN BOUNDARIES.
In an emergency, the board may provide more than one 13,916
polling place in a precinct. In order to provide for the 13,917
convenience of the voters, the board may locate polling places 13,918
for voting or registration outside the boundaries of precincts, 13,919
provided that the nearest public school or public building shall 13,920
be used if the board determines it to be available and suitable 13,921
for use as a polling place. Except in an emergency, no change in 13,922
the number or location of the polling places in a precinct shall 13,923
be made during the twenty-five days immediately preceding a 13,924
primary or general election. 13,925
Electors who have failed to respond within thirty days to 13,928
any confirmation notice shall not be counted in determining the 13,930
size of any precinct under this section.
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OR 13,933
(3) OF THIS SECTION, NOT LATER THAN AUGUST 1, 2000, THE BOARD OF
ELECTIONS SHALL DETERMINE ALL PRECINCT BOUNDARIES USING 13,935
GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 13,936
COMMERCE, BUREAU OF THE CENSUS, IN REPORTING THE DECENNIAL CENSUS 13,937
OF OHIO.
(2) WHEN ANY PART OF THE BOUNDARY OF A PRECINCT ALSO FORMS 13,939
A PART OF THE BOUNDARY OF A LEGISLATIVE DISTRICT AND THE PRECINCT 13,940
BOUNDARY CANNOT BE DETERMINED BY AUGUST 1, 2000, USING THE 13,941
GEOGRAPHICAL UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION 13,942
322
WITHOUT MAKING THAT PART OF THE PRECINCT BOUNDARY THAT ALSO FORMS 13,943
PART OF THE LEGISLATIVE DISTRICT BOUNDARY DIFFERENT FROM THAT 13,944
LEGISLATIVE DISTRICT BOUNDARY, THE BOARD OF ELECTIONS MAY 13,945
DETERMINE THE BOUNDARY OF THAT PRECINCT USING THE GEOGRAPHICAL 13,946
UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION NOT LATER THAN 13,947
APRIL 1, 2002. AS USED IN THIS DIVISION, "LEGISLATIVE DISTRICT" 13,948
MEANS A DISTRICT DETERMINED UNDER ARTICLE XI OF THE OHIO 13,950
CONSTITUTION.
(3) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 13,952
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (B)(1) OF 13,954
THIS SECTION WHEN IT IS NOT FEASIBLE TO COMPLY WITH THAT 13,955
REQUIREMENT BECAUSE OF UNUSUAL PHYSICAL BOUNDARIES OR RESIDENTIAL 13,957
DEVELOPMENT PRACTICES THAT WOULD CAUSE UNUSUAL HARDSHIP FOR
VOTERS. THE BOARD SHALL IDENTIFY THE AFFECTED PRECINCTS AND 13,959
CENSUS UNITS, EXPLAIN THE REASON FOR THE WAIVER REQUEST, AND
INCLUDE A MAP ILLUSTRATING WHERE THE CENSUS UNITS WILL BE SPLIT 13,960
BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY OF STATE 13,961
APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF ELECTIONS IN 13,962
WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS NECESSARY 13,963
UNDER THIS SECTION, NOTWITHSTANDING THE REQUIREMENT IN DIVISION 13,964
(B)(1) OF THIS SECTION.
(C) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 13,966
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (A) OF THIS 13,968
SECTION REGARDING THE NUMBER OF ELECTORS IN A PRECINCT WHEN THE 13,969
USE OF GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 13,970
COMMERCE, BUREAU OF THE CENSUS, WILL CAUSE A PRECINCT TO CONTAIN 13,971
MORE THAN ONE THOUSAND ELECTORS. THE BOARD SHALL IDENTIFY THE 13,972
AFFECTED PRECINCTS AND CENSUS UNITS, EXPLAIN THE REASON FOR THE 13,973
WAIVER REQUEST, AND INCLUDE A MAP ILLUSTRATING WHERE CENSUS UNITS 13,974
WILL BE SPLIT BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY 13,975
OF STATE APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF
ELECTIONS IN WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS 13,976
NECESSARY TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS 13,977
SECTION.
323
Sec. 3501.21. When the board of elections considers it 13,987
necessary to change, divide, or combine any precinct, or to 13,988
relocate a polling place, it shall NOTIFY, prior to the next 13,989
election, notify each of the registrants in the precinct of such 13,990
THE change by mail. ON AND AFTER AUGUST 1, 2000, WHEN THE BOARD 13,991
CHANGES THE BOUNDARIES OF ANY PRECINCT, IT SHALL NOTIFY THE 13,993
SECRETARY OF STATE OF THE CHANGE NOT LATER THAN FORTY-FIVE DAYS 13,994
AFTER MAKING THE CHANGE.
Sec. 3517.152. (A)(1) There is hereby created the Ohio 14,004
elections commission consisting of seven members.
Not later than forty-five days after the effective date of 14,006
this section AUGUST 24, 1995, the speaker of the house of 14,009
representatives and the leader in the senate of the political 14,010
party of which the speaker is a member shall jointly submit to
the governor a list of five persons who are affiliated with that 14,011
political party. Not later than forty-five days after the 14,012
effective date of this section AUGUST 24, 1995, the two 14,014
legislative leaders in the two houses of the general assembly of
the major political party of which the speaker is not a member 14,015
shall jointly submit to the governor a list of five persons who 14,016
are affiliated with the major political party of which the 14,018
speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons 14,019
from each list to the commission. The governor shall appoint one 14,021
person from each list to a term that ends on December 31, 1996, 14,023
one person from each list to a term that ends on December 31, 14,024
1997, and one person from each list to a term that ends on 14,025
December 31, 1998.
Not later than thirty days after the governor appoints 14,027
these six members, they shall, by a majority vote, appoint to the 14,029
commission a seventh member, who shall not be affiliated with a 14,030
political party. If the six members fail to appoint the seventh 14,031
member within this thirty-day period, the chief justice of the 14,032
supreme court, not later than thirty days after the end of the
324
period during which the six members were required to appoint a 14,033
member, shall appoint the seventh member, who shall not be 14,034
affiliated with a political party. The seventh member shall be 14,035
appointed to a term that ends on December 31, 2001. Terms of the 14,036
initial members appointed under division (A)(1) of this section 14,037
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 14,039
member, who is not affiliated with a political party, the six 14,040
remaining members by a majority vote shall appoint, not later 14,041
than fifteen days after the date of the vacancy, the seventh 14,042
member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh 14,043
member within this fifteen-day period, the chief justice of the 14,044
supreme court, within fifteen days after the end of this period, 14,045
shall appoint the seventh member, who shall not be affiliated 14,046
with a political party. If a vacancy occurs in any of the other 14,047
six positions on the commission, the legislative leaders of the 14,048
political party from whose list of persons the member being
replaced was appointed shall submit to the governor, not later 14,049
than thirty days after the date of the vacancy, a list of three 14,050
persons who are affiliated with that political party. Not later 14,051
than fifteen days after receiving the list, the governor, WITH 14,052
THE ADVICE AND CONSENT OF THE SENATE, shall appoint one person 14,053
from the list to the commission.
(3) At no time shall more than six members of the 14,055
commission be affiliated with a political party and, of these six 14,056
members, not more than three shall be affiliated with the same 14,057
political party. 14,058
(4) In making appointments to the commission, the governor 14,061
shall take into consideration the various geographic areas of 14,062
this state and shall appoint members so that those areas are 14,063
represented on the commission in a balanced manner, to the extent 14,064
feasible.
(5) Members of the commission shall be registered electors 14,067
325
and shall be of good moral character. 14,068
(B) Each member of the commission shall hold office from 14,071
the date of the member's appointment until the end of the term 14,072
for which the member was appointed. A member appointed to fill a 14,073
vacancy occurring prior to the expiration of the term for which 14,074
the member's predecessor was appointed shall hold office for the 14,075
remainder of that term. A member shall continue in office 14,076
subsequent to the expiration date of the member's term until the 14,077
member's successor takes office or until a period of sixty days 14,079
has elapsed, whichever occurs first. After the initial terms of 14,080
office provided for in division (A)(1) of this section, terms of 14,081
office shall be for five years. 14,082
(C) A vacancy in the Ohio elections commission may be 14,085
caused by death, resignation, or three absences from commission 14,086
meetings in a calendar year if those absences are caused by 14,087
reasons declared invalid by a vote of five members of the 14,088
remaining members of the commission.
(D) Each member of the commission while in the performance 14,091
of the business of the commission shall be entitled to receive 14,092
compensation at the rate of twenty-five thousand dollars per 14,093
year. Members shall be reimbursed for expenses actually and 14,094
necessarily incurred in the performance of their duties. 14,095
(E) No member of the commission shall serve more than one 14,098
full term unless the terms served are served nonconsecutively. 14,099
(F)(1) No member of the commission shall do or be any of 14,102
the following:
(a) Hold, or be a candidate for, a public office; 14,105
(b) Serve on a committee supporting or opposing a 14,108
candidate or ballot question or issue;
(c) Be an officer of the state central committee, A COUNTY 14,111
CENTRAL COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, or OTHER 14,112
COMMITTEE OF A POLITICAL PARTY OR AN OFFICER of the executive 14,113
committee of the state central committee, A COUNTY CENTRAL 14,114
COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, OR OTHER COMMITTEE of a 14,115
326
political party;
(d) Be a legislative agent as defined in section 101.70 of 14,118
the Revised Code or an executive agency lobbyist as defined in 14,119
section 121.60 of the Revised Code; 14,120
(e) Solicit or be involved in soliciting contributions on 14,123
behalf of a candidate, campaign committee, political party, 14,124
political action committee, or political contributing entity; 14,125
(f) Be in the unclassified service under section 124.11 of 14,128
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 14,131
to (15) of section 4117.01 of the Revised Code. 14,132
(2) No member or employee of the commission shall make a 14,135
contribution to, or for the benefit of, a campaign committee or 14,136
committee in support of or opposition to a ballot question or 14,137
issue, a political party, a legislative campaign fund, a 14,138
political action committee, or a political contributing entity. 14,139
(G)(1) The members of the commission shall elect a 14,141
chairperson and a vice-chairperson. At no time shall the 14,143
chairperson and vice-chairperson be affiliated with the same 14,145
political party. The chairperson shall serve in that capacity 14,146
for one year and shall not serve as chairperson more than twice 14,148
during a term as a member of the commission. No two successive 14,149
chairpersons shall be affiliated with the same political party. 14,150
(2) The commission shall meet at the call of the 14,152
chairperson or upon the written request of a majority of the 14,153
members. The meetings and hearings of the commission or a panel 14,154
of the commission under sections 3517.153 to 3517.157 of the 14,155
Revised Code are subject to section 121.22 of the Revised Code. 14,156
(3) The commission shall adopt rules for its procedures in 14,159
accordance with Chapter 119. of the Revised Code. Five of the 14,160
seven members constitute a quorum. Except as otherwise provided 14,161
in this section and in sections 3517.154 to 3517.157 of the 14,162
Revised Code, no action shall be taken without the concurrence of 14,163
a majority of the members. 14,164
327
(H)(1) The commission shall employ the technical, 14,167
professional, and clerical employees that are necessary for it to 14,168
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 14,171
the commission shall employ a full-time attorney, and, as needed, 14,173
one or more investigatory attorneys to conduct investigations for 14,175
the commission or a panel of the commission. The commission may 14,176
employ or contract for the services of additional attorneys, as 14,177
needed. The full-time attorney shall do all of the following: 14,178
(i) Serve as the commission's attorney in regard to all 14,181
legal matters, including representing the commission at appeals 14,182
from a final determination of the commission, except that the 14,183
full-time attorney shall not perform the duties that an 14,184
investigatory attorney is required or requested to perform or 14,185
that another attorney the commission employs or contracts with 14,186
for services is required or requested to perform, and shall not 14,187
represent the commission in any legal proceeding in which the 14,188
commission is a named party;
(ii) At the request of the commission or a panel of the 14,191
commission, be present at a hearing held under sections 3517.154 14,192
to 3517.156 of the Revised Code to rule on the admissibility of 14,193
evidence and to advise on the conduct of procedure; 14,194
(iii) Perform other duties as required by rule of the 14,197
commission.
(b) An attorney employed by or under contract with the 14,200
commission shall be licensed to practice law in this state. 14,201
(3)(a) Except as otherwise provided in division (H)(3)(b) 14,204
of this section, at least five members of the commission shall 14,205
agree on the employment of a person, a majority of the members 14,206
shall agree on the discharge of an employee, and a person 14,207
employed by the commission shall serve at the pleasure of the 14,208
commission.
(b) At least five of the seven members shall agree on the 14,210
discharge of an investigatory attorney. 14,212
328
Sec. 3701.04. (A) The director of health shall: 14,221
(1) Require such reports and make such inspections and 14,223
investigations as the director considers necessary; 14,224
(2) Provide such methods of administration, appoint such 14,226
personnel, make such reports, and take such other action as may 14,227
be necessary to comply with the requirements of the federal act 14,228
and the regulations thereunder; 14,229
(3) Procure by contract the temporary or intermittent 14,231
services of experts or consultants or organizations thereof when 14,232
such services are to be performed on a part-time or 14,233
fee-for-service basis and do not involve the performance of 14,234
administrative duties; 14,235
(4) Enter into agreements for the utilization of the 14,237
facilities and services of other departments, agencies, and 14,238
institutions, public or private; 14,239
(5) Accept on behalf of the state, and deposit in the 14,241
state treasury to the credit of the general operations fund 14,242
created in section 3701.83 of the Revised Code, any grant, gift, 14,243
or contribution made to assist in meeting the cost of carrying 14,244
out the director's responsibilities and expend the grant, gift, 14,245
or contribution for such purpose. Fees collected by the director 14,246
in connection with meetings and conferences shall also be 14,247
credited to the fund and expended for the purposes for which 14,248
paid.
(6) Make an annual report to the governor on activities 14,250
and expenditures, including recommendations for such additional 14,251
legislation as the director considers appropriate to furnish 14,252
adequate hospital, clinic, and similar facilities to the people 14,253
of this state.
(B) The director of health may enter into agreements to 14,256
sell services offered by the department to other departments,
agencies, and institutions of the state. Fees collected by the 14,257
director for the sale of services under this division shall be 14,258
deposited into the state treasury to the credit of the general 14,259
329
operations fund created in section 3701.83 of the Revised Code. 14,260
(C) If authorized by federal statute or regulation, the 14,263
director of health may establish and collect fees for conducting 14,264
the initial certification of any person or entity as a provider
of health services for purposes of the medicare program 14,265
established under Title XVIII of the "Social Security Act," 49 14,266
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The fee 14,267
established for conducting an initial medicare certification 14,268
shall not exceed the actual and necessary costs incurred by the
department of health in conducting the certification. 14,269
All fees collected under this division shall be deposited 14,271
into the state treasury to the credit of the medicare initial 14,272
certification fund, which is hereby created. Money credited to 14,273
the fund shall be used solely to pay the costs of conducting 14,274
initial medicare certifications.
Sec. 3701.043. IF AUTHORIZED BY FEDERAL STATUTE OR 14,276
REGULATION, THE DIRECTOR OF HEALTH MAY ESTABLISH AND COLLECT FEES 14,277
FOR CONDUCTING THE INITIAL CERTIFICATION OF ANY PERSON OR ENTITY 14,278
AS A PROVIDER OF HEALTH SERVICES FOR PURPOSES OF THE MEDICARE 14,279
PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY 14,281
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. THE FEE 14,282
ESTABLISHED FOR CONDUCTING AN INITIAL MEDICARE CERTIFICATION 14,283
SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS INCURRED BY THE
DEPARTMENT OF HEALTH IN CONDUCTING THE CERTIFICATION. 14,284
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED 14,286
INTO THE STATE TREASURY TO THE CREDIT OF THE MEDICARE INITIAL 14,287
CERTIFICATION FUND, WHICH IS HEREBY CREATED. MONEY CREDITED TO 14,288
THE FUND SHALL BE USED SOLELY TO PAY THE COSTS OF CONDUCTING 14,289
INITIAL MEDICARE CERTIFICATIONS.
Sec. 3701.044. WHEN THE DIRECTOR OF HEALTH OR DEPARTMENT 14,291
OF HEALTH IS REQUIRED OR AUTHORIZED TO CONDUCT OR ADMINISTER AN 14,292
EXAMINATION OR EVALUATION OF INDIVIDUALS FOR THE PURPOSE OF 14,293
DETERMINING COMPETENCY OR FOR THE PURPOSE OF ISSUING A LICENSE, 14,294
CERTIFICATE, REGISTRATION, OR OTHER AUTHORITY TO PRACTICE OR 14,295
330
PERFORM DUTIES, THE DIRECTOR OR DEPARTMENT MAY PROVIDE FOR THE 14,296
EXAMINATION OR EVALUATION BY CONTRACTING WITH ANY PUBLIC OR 14,297
PRIVATE ENTITY TO CONDUCT OR ADMINISTER THE EXAMINATION OR 14,298
EVALUATION. THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT AND 14,299
RETAIN, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 14,300
CONTRACT, ANY FEE PAID BY AN INDIVIDUAL FOR THE EXAMINATION OR 14,301
EVALUATION. AN ENTITY AUTHORIZED TO COLLECT AND RETAIN A FEE IS 14,302
NOT REQUIRED TO DEPOSIT THE FEE INTO THE STATE TREASURY. 14,303
EXCEPT WHEN CONSIDERED TO BE NECESSARY BY THE DIRECTOR OR 14,305
DEPARTMENT, THE DIRECTOR OR DEPARTMENT SHALL NOT DISCLOSE TEST 14,306
MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED IN ANY 14,307
EXAMINATION OR EVALUATION THE DIRECTOR OR DEPARTMENT CONDUCTS, 14,308
ADMINISTERS, OR PROVIDES FOR BY CONTRACT. THE TEST MATERIALS, 14,309
EXAMINATIONS, AND EVALUATION TOOLS ARE NOT PUBLIC RECORDS FOR THE 14,310
PURPOSE OF SECTION 149.43 OF THE REVISED CODE AND ARE NOT SUBJECT 14,311
TO INSPECTION OR COPYING UNDER SECTION 1347.08 OF THE REVISED 14,312
CODE.
Sec. 3701.89. (A) There is hereby re-created a foundation 14,321
as described in section 170 of the "Internal Revenue Code of 14,322
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, which shall be 14,323
known as the Ohio medical quality foundation. The foundation 14,324
shall be administered by thirteen trustees, one of whom shall be 14,325
the director of health and the remaining twelve of whom shall be 14,326
appointed by the governor within ninety days of the effective 14,327
date of this section JULY 21, 1994. 14,328
(B) Five of the appointed trustees shall hold the degree 14,330
of doctor of medicine; of those, two shall be appointed to an 14,331
initial term of three years, one shall be appointed for an 14,332
initial term of four years, and two shall be appointed for an 14,333
initial term of five years. Four of the appointed trustees shall 14,334
be representatives of hospitals; of those, one shall be appointed 14,335
for an initial term of three years, one shall be appointed for an 14,336
initial term of five years, and two shall be appointed to an 14,337
initial term of four years. Two of the appointed trustees shall 14,338
331
hold the degree of doctor of osteopathic medicine; of those, one 14,339
shall be appointed for an initial term of four years and one 14,340
shall be appointed to an initial term of five years. One of the 14,341
appointed trustees shall hold the degree of doctor of podiatric 14,342
medicine and shall be appointed for a term of three years. 14,343
Thereafter, all trustees appointed by the governor shall be 14,344
appointed to terms of three years. 14,345
(C) The trustees shall act by majority vote with seven 14,347
trustees constituting a quorum for the transaction of any 14,348
business or the exercise of any power of the foundation. 14,349
(D) All money received by the foundation shall be held in 14,351
trust by a corporate trustee selected by the foundation trustees, 14,352
which selection may be changed from time to time. The corporate 14,353
trustee shall invest, manage, and account for the money held in 14,354
trust, subject to the approval of the foundation trustees. All 14,355
investment income shall be credited to the foundation trust 14,356
funds. All expenses of administration of the foundation shall be 14,357
charged to the foundation trust funds. 14,358
(E) The trustees may: 14,360
(1) Adopt rules and bylaws consistent with subsection 501 14,362
(c)(3) of the Internal Revenue Code for the regulation of its 14,363
affairs and the conduct of its business; 14,364
(2) Employ a staff and retain or contract with attorneys, 14,366
financial consultants, and accounting experts as are necessary in 14,367
its judgment to carry out this section; 14,368
(3) Seek and accept funding from any private or public 14,370
source for the conduct of its business. 14,371
(F) In a manner consistent with federal income tax 14,373
exemption status under subsection 501(c)(3) of the Internal 14,374
Revenue Code, the foundation shall fund activities to improve the 14,375
quality of medical care rendered to the public. The trustees of 14,376
the money in the foundation trust may fund the following: 14,377
(1) Programs approved under criteria established under 14,379
section 4731.25 of the Revised Code; 14,380
332
(2) Programs designed to improve the quality of graduate 14,382
medical education; 14,383
(3) Programs designed to improve risk management and 14,385
quality assurance in hospitals, as defined in section 3727.01 of 14,386
the Revised Code, and in outpatient settings including physician 14,387
offices; 14,388
(4) Other programs, meetings, and educational seminars 14,390
that are designed to improve the quality of medical care in Ohio 14,391
and are determined by the trustees to be consistent with this 14,392
section. 14,393
(G) THE FOUNDATION MAY BE ORGANIZED AS A NONPROFIT 14,395
CORPORATION FORMED UNDER CHAPTER 1702. OF THE REVISED CODE. 14,396
Sec. 3701.99. (A) Whoever violates section 3701.25 of the 14,405
Revised Code is guilty of a minor misdemeanor on a first offense; 14,406
on each subsequent offense, the person is guilty of a misdemeanor 14,407
of the second degree. 14,408
(B) Whoever violates division (I) of section 3701.262, 14,410
division (D) of section 3701.263, or section 3701.352 or sections 14,411
3701.46 to 3701.55 of the Revised Code is guilty of a minor 14,412
misdemeanor on a first offense; on each subsequent offense, the 14,413
person is guilty of a misdemeanor of the fourth degree. 14,414
(C) Whoever violates section 3701.82 of the Revised Code 14,416
is guilty of a misdemeanor of the first degree. 14,417
(D) Whoever violates section 3701.81 of the Revised Code 14,419
is guilty of a misdemeanor of the second degree. 14,420
(E) Whoever violates division (G) of section 3701.88 of 14,422
the Revised Code shall be fined not more than one hundred 14,423
dollars. Each day the violation continues is a separate offense. 14,424
Sec. 3702.52. The director of health shall administer a 14,434
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under 14,435
those sections. 14,436
(A) The director shall issue rulings on whether a 14,438
particular proposed project is a reviewable activity. The 14,439
333
director shall issue a ruling not later than forty-five days 14,440
after receiving a request for a ruling accompanied by the 14,441
information needed to make the ruling. If the director does not 14,442
issue a ruling in that time, the project shall be considered to 14,443
have been ruled not a reviewable activity. 14,444
(B) The director shall review applications for 14,446
certificates of need. Each application shall be submitted to the 14,447
director on forms prescribed by the director, shall include all 14,448
information required by rules adopted under division (B) of 14,449
section 3702.57 of the Revised Code, and shall be accompanied by 14,450
the application fee established in rules adopted under division 14,451
(G) of that section. Application fees received by the director 14,452
under this division shall be deposited into the state treasury to 14,453
the credit of the certificate of need fund, which is hereby 14,454
created. The director shall use the fund only to pay the costs 14,455
of administering sections 3702.51 to 3702.62 of the Revised Code 14,456
and rules adopted under those sections, and to make payments to 14,457
health service agencies under division (H) of this section. 14,458
The director shall mail to the applicant a written notice 14,460
that the application meets the criteria for a complete 14,461
application specified in rules adopted under section 3702.57 of 14,462
the Revised Code, or a written request for additional
information, not later than fifteen days after receiving an 14,464
application or a response to an earlier request for information.
The director shall not make more than two requests for additional 14,465
information.
The director may conduct a public informational hearing in 14,467
the course of reviewing any application for a certificate of 14,468
need, and shall conduct one if requested to do so by any affected 14,469
person not later than fifteen days after the director mails the 14,470
notice that the application is complete. The hearing shall be 14,471
conducted in the community in which the activities authorized by
the certificate of need would be carried out. Any affected 14,472
person may testify at the hearing. The director may, with the 14,473
334
health service agency's consent, designate a health service 14,474
agency to conduct the hearing.
Except during a public hearing or as necessary to comply 14,476
with a subpoena issued under division (F) of this section, after 14,478
a notice of completeness has been received, no person shall 14,479
knowingly discuss in person or by telephone the merits of the 14,481
application with the director. If one or more persons request a
meeting in person or by telephone, the director shall make a 14,483
reasonable effort to invite interested parties to the meeting or 14,484
conference call.
(C) Divisions (C)(1) to (7) of this section apply to 14,487
certificate of need applications for which the director had not 14,489
issued a written decision prior to April 20, 1995, unless the 14,490
director was required, under the version of this section in 14,491
effect immediately prior to the effective date of this amendment 14,492
JUNE 30, 1995, to grant a certificate of need prior to the 14,494
effective date of this amendment JUNE 30, 1995, because of a lack 14,496
of written objections from any affected person. Divisions (C)(1) 14,497
to (7) of this section do not invalidate any certificate of need 14,498
that the director was required to grant prior to the effective 14,499
date of this amendment JUNE 30, 1995, under that circumstance. 14,500
(1) The director shall grant a certificate of need for the 14,503
entire project that is the subject of the application immediately
after both of the following conditions are met: 14,505
(a) The board of trustees of the health service agency of 14,508
the health service area in which the reviewable activity is 14,509
proposed to be conducted recommends, prior to the deadline 14,510
specified in division (C)(4) of this section or any extension of 14,511
it under division (C)(5) of this section, that the certificate of 14,512
need be granted;
(b) The director receives no written objections to the 14,514
application from any affected person by the later of May 20, 14,515
1995, or thirty days after the director mails the notice of 14,516
completeness.
335
(2) In the case of applications under comparative review, 14,518
the director shall grant certificates of need for the entire 14,519
projects that are the subject of the applications immediately 14,520
after both of the following conditions are met:
(a) The board of trustees of the health service agency of 14,522
each health service area in which the reviewable activities are 14,523
proposed to be conducted recommends, prior to the deadline 14,524
specified in division (C)(4) of this section or any extension of 14,525
it under division (C)(5) of this section, that certificates of 14,526
need be granted for each of the reviewable activities to be
conducted in its health service area; 14,527
(b) The director receives no written objections to any of 14,529
the applications from any affected person by the later of May 20, 14,530
1995, or thirty days after the director mails the last notice of 14,531
completeness.
The director's grant of a certificate of need under 14,533
division (C)(1) or (2) of this section does not affect, and sets 14,534
no precedent for, the director's decision to grant or deny other 14,535
applications for similar reviewable activities proposed to be 14,536
conducted in the same or different health service areas.
(3) If the director receives written objections to an 14,539
application from any affected person by the later of May 20, 14,540
1995, or thirty days after mailing the notice of completeness, 14,541
regardless of the health service agency's recommendation, the 14,542
director shall notify the applicant and assign a hearing examiner 14,544
to conduct an adjudication hearing concerning the application in 14,545
accordance with Chapter 119. of the Revised Code. In the case of 14,547
applications under comparative review, if the director receives 14,548
written objections to any of the applications from any affected 14,550
person by the later of May 20, 1995, or thirty days after the 14,551
director mails the last notice of completeness, regardless of the 14,553
health service agencies' recommendation, the director shall 14,555
notify all of the applicants and appoint a hearing examiner to 14,556
conduct a consolidated adjudication hearing concerning the 14,557
336
applications in accordance with Chapter 119. of the Revised Code. 14,559
The hearing examiner shall be employed by or under contract with 14,560
the department of health. 14,561
The adjudication hearings may be conducted in the health 14,564
service area in which the reviewable activity is proposed to be
conducted. Consolidated adjudication hearings for applications 14,566
in comparative review may be conducted in the geographic region 14,567
in which all of the reviewable activities will be conducted. The 14,568
applicant, the director, and the affected persons that filed 14,569
objections to the application shall be parties to the hearing. 14,570
If none of the affected persons that submitted written objections 14,571
to the application appears or prosecutes the hearing, the hearing 14,572
examiner shall dismiss the hearing and the director shall grant a 14,574
certificate of need for the entire project that is the subject of 14,575
the application. The affected persons bear the burden of proving 14,576
by a preponderance of evidence that the project is not needed or 14,577
that granting the certificate would not be in accordance with 14,578
sections 3702.51 to 3702.62 of the Revised Code or the rules 14,579
adopted under section 3702.57 of the Revised Code. 14,580
(4) Except as provided in divisions (C)(1) and (2) of this 14,583
section, the director shall grant or deny certificate of need 14,584
applications for which an adjudication hearing is not conducted 14,585
under division (C)(3) of this section not later than ninety days 14,587
after mailing the notice of completeness or, in the case of an 14,588
application proposing addition of long-term care beds, not later 14,589
than ninety days after such other time as is specified in rules 14,590
adopted under section 3702.57 of the Revised Code. The director 14,592
shall grant or deny certificate of need applications for which an 14,594
adjudication hearing is conducted under division (C)(3) of this 14,596
section not later than thirty days after the expiration of the 14,597
time for filing objections to the report and recommendation of 14,598
the hearing examiner under section 119.09 of the Revised Code. 14,599
The director shall base decisions concerning applications for 14,600
which an adjudication hearing is conducted under division (C)(3) 14,601
337
of this section on the report and recommendations of the hearing 14,602
examiner.
(5) Except as otherwise provided in division (C)(1), (2), 14,605
or (6) of this section, the director or the applicant may extend 14,608
the deadline prescribed in division (C)(4) of this section once, 14,610
for no longer than thirty days, by written notice before the end 14,611
of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply to all 14,613
applications that are in comparative review. 14,614
(6) No applicant in a comparative review may extend the 14,616
deadline specified in division (C)(4) of this section. 14,617
(7) Except as provided in divisions (C)(1) and (2) of this 14,620
section, the director may grant a certificate of need for all or 14,621
part of the project that is the subject of an application. If 14,622
the director does not grant or deny the certificate by the 14,623
applicable deadline specified in division (C)(4) of this section 14,625
or any extension of it under division (C)(5) of this section, the 14,626
certificate shall be considered to have been granted. The 14,627
director, in reviewing certificate of need applications for solid 14,629
organ transplantation services, may ask for assistance from a 14,630
statewide transplantation advisory group consisting of qualified 14,631
professionals and administrators. Such consultation shall not 14,632
cause the review period for any application to be extended beyond 14,633
the applicable deadline specified in division (C)(4) of this 14,635
section or any extension of it under division (C)(5) of this 14,637
section.
(D) In granting a certificate of need, the director shall 14,639
specify as the maximum capital expenditure the certificate holder 14,640
may obligate under the certificate a figure equal to one hundred 14,641
ten per cent of the approved project cost. 14,642
(E) The director shall monitor the activities of persons 14,645
granted certificates of need concerning long-term care beds
during the period beginning with the granting of the certificate 14,647
of need and ending five years after implementation of the 14,648
338
activity for which the certificate was granted.
In the case of any other certificate of need, the director 14,650
shall monitor the activities of persons granted certificates of 14,651
need during the period beginning with the granting of the 14,653
certificate of need and ending when the activity for which the 14,654
certificate was granted ceases to be a reviewable activity in 14,655
accordance with section 3702.511 of the Revised Code. 14,656
(F) When reviewing applications for certificates of need 14,659
or monitoring activities of persons granted certificates of need, 14,660
the director may issue and enforce, in the manner provided in 14,662
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the production of documents relevant to review of the 14,664
application or monitoring of the activities. In addition, the 14,666
director or the director's designee, which may include a health 14,668
service agency, may visit the sites where the activities are or 14,669
will be conducted.
(G) The director may withdraw certificates of need. 14,671
(H) The director shall pay, to each health service agency 14,673
that engages in one or more of the functions identified in 14,674
division (D)(5) of section 3702.58 of the Revised Code with 14,675
respect to an application for a certificate of need, one-third of 14,676
the application fee paid under division (B) of this section, 14,677
subject to a maximum of four thousand dollars. The amount paid 14,678
under this division to each health service agency during each 14,680
fiscal year shall not be less than the amount received by the 14,681
health service agency between July 1, 1988, and June 30, 1989, or 14,682
the amount received by the agency between January 1, 1988, and 14,683
December 31, 1988, whichever is greater.
(I) The director shall conduct, on a regular basis, health 14,685
system data collection and analysis activities and prepare 14,686
reports. The director shall make recommendations based upon 14,687
these activities to the public health council concerning the 14,688
adoption of appropriate rules under section 3702.57 of the 14,689
Revised Code. All health care facilities and other health care 14,690
339
providers shall submit to the director, upon request, any 14,691
information that is necessary to conduct reviews of certificate 14,692
of need applications and to develop recommendations for criteria 14,693
for reviews, and that is prescribed by rules adopted under 14,694
division (H) of section 3702.57 of the Revised Code. 14,695
(J)(I) Any decision to grant or deny a certificate of need 14,697
shall consider the special needs and circumstances resulting from 14,698
moral and ethical values and the free exercise of religious 14,699
rights of health care facilities administered by religious 14,700
organizations, and the special needs and circumstances of 14,701
children's hospitals, inner city hospitals, and small rural 14,702
hospitals.
Sec. 3702.57. (A) The public health council shall adopt 14,711
rules establishing procedures and criteria for reviews of 14,712
applications for certificates of need and issuance, denial, or 14,713
withdrawal of certificates. 14,714
(1) The rules shall require that, in addition to any other 14,717
applicable review requirements of sections 3702.51 to 3702.62 of 14,718
the Revised Code and rules adopted thereunder, any application 14,719
for a certificate of need from an osteopathic hospital be 14,720
reviewed on the basis of the need for and the availability in the 14,721
community of services and hospitals for osteopathic physicians 14,722
and their patients, and in terms of its impact on existing and 14,723
proposed institutional training programs for doctors of 14,724
osteopathy and doctors of medicine at the student, internship, 14,725
and residency training levels. 14,726
(2) In adopting rules that establish criteria for reviews 14,728
of applications of certificates of need, the council shall 14,729
consider the availability of and need for long-term care beds to 14,730
provide care and treatment to persons diagnosed as having 14,731
traumatic brain injuries and shall prescribe criteria for 14,732
reviewing applications that propose to add long-term care beds to 14,733
provide care and treatment to persons diagnosed as having 14,734
traumatic brain injuries. 14,735
340
(3) The criteria for reviews of applications for 14,737
certificates of need shall relate to the need for the reviewable 14,738
activity and shall pertain to all of the following matters: 14,739
(a) The impact of the reviewable activity on the cost and 14,741
quality of health services in the relevant geographic area, 14,742
including, but not limited, to the historical and projected 14,743
utilization of the services to which the application pertains and 14,744
the effect of the reviewable activity on utilization of other 14,745
providers of similar services; 14,746
(b) The quality of the services to be provided as the 14,748
result of the activity, as evidenced by the historical 14,749
performance of the persons that will be involved in providing the 14,751
services and by the provisions that are proposed in the 14,752
application to ensure quality, including but not limited to 14,753
adequate available personnel, available ancillary and support 14,754
services, available equipment, size and configuration of physical 14,755
plant, and relations with other providers; 14,756
(c) The impact of the reviewable activity on the 14,758
availability and accessibility of the type of services proposed 14,759
in the application to the population of the relevant geographic 14,760
area, and the level of access to the services proposed in the 14,761
application that will be provided to medically underserved 14,762
individuals such as recipients of public assistance and 14,763
individuals who have no health insurance or whose health 14,764
insurance is insufficient; 14,765
(d) The activity's short- and long-term financial 14,767
feasibility and cost-effectiveness, the impact of the activity on 14,768
the applicant's costs and charges, and a comparison of the 14,770
applicant's costs and charges with those of providers of similar 14,771
services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of 14,773
alternatives to the reviewable activity; 14,774
(f) The impact of the activity on all other providers of 14,777
similar services in the health service area or other relevant 14,778
341
geographic area, including the impact on their utilization, 14,779
market share, and financial status;
(g) The historical performance of the applicant and 14,782
related or affiliated parties in complying with previously
granted certificates of need and any applicable certification, 14,783
accreditation, or licensure requirements; 14,784
(h) The relationship of the activity to the current 14,787
edition of the state health resources plan issued under section 14,788
3702.521 of the Revised Code;
(i) The historical performance of the applicant and 14,791
related or affiliated parties in providing cost-effective health 14,792
care services;
(j) The special needs and circumstances of the applicant 14,795
or population proposed to be served by the proposed project, 14,796
including research activities, prevalence of particular diseases, 14,797
unusual demographic characteristics, cost-effective contractual 14,798
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of the 14,801
proposed site of the activity;
(l) The participation by the applicant in research 14,804
conducted by the United States food and drug administration or 14,805
clinical trials sponsored by the national institutes of health. 14,806
(4) The criteria for reviews of applications may include 14,809
formulas for determining need for beds and services. 14,810
(a) The criteria prescribing formulas shall not, either by 14,812
themselves or in conjunction with any established occupancy 14,813
guidelines, require, as a condition of being granted a 14,814
certificate of need, that a hospital reduce its complement of 14,815
registered beds or discontinue any service that is not related to 14,816
the service or project for which the certificate of need is 14,817
sought. 14,818
(b) With respect to applications to conduct reviewable 14,820
activities that are affected directly by the inpatient occupancy 14,821
of a health care facility, including addition, relocation, or 14,822
342
recategorization of beds or renovation or other construction 14,823
activities relating to inpatient services, the rules shall 14,824
prescribe criteria for determining whether the scope of the 14,825
proposed project is appropriate in light of the historical and 14,826
reasonably projected occupancy rates for the beds related to the 14,827
project. 14,828
(c) Any rules prescribing criteria that establish ratios 14,830
of beds, services, or equipment to population shall specify the 14,832
bases for establishing the ratios or mitigating factors or 14,833
exceptions to the ratios. 14,834
(B) The council shall adopt rules specifying all of the 14,836
following: 14,837
(1) Information that must be provided in applications for 14,840
certificates of need, which shall include a plan for obligating 14,842
the capital expenditure or implementing the proposed project on a 14,843
timely basis in accordance with section 3702.525 of the Revised 14,845
Code;
(2) Procedures for reviewing applications for completeness 14,849
of information;
(3) Criteria for determining that the application is 14,852
complete.
(C) The council shall adopt rules specifying requirements 14,854
that holders of certificates of need must meet in order for the 14,855
certificates to remain valid and establishing definitions and 14,856
requirements for obligation of capital expenditures and 14,857
implementation of projects authorized by certificates of need. 14,858
(D) The council shall adopt rules establishing criteria 14,860
and procedures under which the director of health may withdraw a 14,861
certificate of need if the holder fails to meet requirements for 14,862
continued validity of the certificate. 14,863
(E) The council shall adopt rules establishing procedures 14,865
under which the department of health shall monitor project 14,866
implementation activities of holders of certificates of need. 14,867
The rules adopted under this division also may establish 14,868
343
procedures for monitoring implementation activities of persons 14,870
that have received nonreviewability rulings. 14,872
(F) The council shall adopt rules establishing procedures 14,874
under which the director of health shall review certificates of 14,875
need whose holders exceed or appear likely to exceed an 14,877
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate 14,879
of need application fees sufficient to pay the costs incurred by 14,880
the department for administering sections 3702.51 to 3702.62 of 14,882
the Revised Code and to pay health service agencies for the 14,883
functions they perform under division (D)(5) of section 3702.58 14,885
of the Revised Code. Unless rules are adopted under this 14,886
division establishing different application fees, the application 14,887
fee for a project not involving a capital expenditure shall be 14,888
three thousand dollars and the application fee for a project 14,889
involving a capital expenditure shall be nine-tenths of one per 14,890
cent of the capital expenditure proposed subject to a minimum of 14,891
three thousand dollars and a maximum of twenty thousand dollars. 14,892
(H) The council shall adopt rules specifying information 14,894
that is necessary to conduct reviews of certificate of need 14,895
applications and to develop recommendations for criteria for 14,896
reviews that health care facilities and other health care 14,897
providers are to submit to the director under division (I)(H) of 14,899
section 3702.52 of the Revised Code.
(I) The council shall adopt rules defining "affiliated 14,902
person," "related person," and "ultimate controlling interest" 14,903
for purposes of section 3702.524 of the Revised Code. 14,904
(J) The council shall adopt rules prescribing requirements 14,907
for holders of certificates of need to demonstrate to the 14,908
director under section 3702.526 of the Revised Code that 14,910
reasonable progress is being made toward completion of the
reviewable activity and establishing standards by which the 14,911
director shall determine whether reasonable progress is being 14,912
made.
344
(K) The council shall adopt rules defining high-risk 14,914
cardiac catheterization patients. High-risk patients shall 14,916
include patients with significant ischemic syndromes or unstable 14,917
myocardial infarction, patients who need intervention such as 14,918
angioplasty or bypass surgery, patients who may require difficult 14,919
or complex catheterization procedures such as transeptal 14,920
assessment of valvular dysfunction, patients with critical aortic 14,921
stenosis or congestive heart failure, and other patients 14,922
specified by the council. 14,923
(L) The public health council shall adopt all rules under 14,926
divisions (A) to (K) of this section in accordance with Chapter 14,928
119. of the Revised Code. The council may adopt other rules as 14,929
necessary to carry out the purposes of sections 3702.51 to 14,930
3702.62 of the Revised Code.
Sec. 3702.58. (A) The director of health shall designate 14,939
geographic regions of this state as health service areas and 14,940
shall designate one health service agency for each health service 14,941
area. All territory in this state shall be included in a health 14,942
service area, but no territory shall be included in more than one 14,943
health service area.
(B) The director shall designate as a health service area 14,945
any health service area that was so designated in accordance with 14,946
the former "National Health Planning and Resources Development 14,947
Act of 1974," 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of 14,948
November 13, 1986. The director shall designate as a health 14,949
service agency any health systems agency designated under such 14,950
former act that, on June 30, 1987, was performing the functions 14,952
of a health systems agency as provided for in such former act. 14,953
(C) The director may designate health service areas and 14,955
health service agencies in addition to those designated under 14,956
division (B) of this section, may revise the boundaries of health 14,957
service areas, and may revoke the designation of a health service 14,958
agency and designate a new health service agency for a health 14,959
service area. 14,960
345
Each health service agency designated under this division 14,963
shall be a nonprofit private corporation that is incorporated in 14,964
this state as a corporation that is exempt from federal income 14,965
taxation under subsection 501(a) and described in subsection 14,966
501(c)(3) of the "Internal Revenue Act of 1986," 100 Stat. 2085, 14,967
26 U.S.C.A. 1, as amended, that is not a subsidiary of, or 14,968
otherwise controlled by, any other private or public corporation 14,969
or other legal entity.
The board of trustees of each health service agency shall 14,972
be nominated and elected by the agency's membership in accordance 14,973
with procedures specified in the agency's by-laws. Each trustee 14,974
shall be a resident of the health service area served by the 14,975
agency, and any resident of the health service area age eighteen 14,976
or older is eligible to be nominated. The board of trustees 14,977
shall be broadly representative of the demographic
characteristics of the health service area, including the 14,978
geographic distribution and density of the population. 14,979
A majority of the trustees, but not more than seventy-five 14,982
per cent, shall represent consumers and major purchasers of 14,983
health care, including businesses and labor organizations, that 14,984
are not health care providers. All other trustees shall 14,985
represent health care providers and, to the extent practicable, 14,986
shall be representative of the variety of health care disciplines 14,987
and interests of the health service area. Only the trustees 14,988
representing health care consumers and purchasers may vote on 14,989
agency proceedings concerning a certificate of need application. 14,990
However, no such trustees shall vote on proceedings concerning a 14,991
certificate of need application if he THE TRUSTEE has a financial 14,992
interest in the outcome of the proceedings.
A health service agency's board of trustees may adopt 14,994
policies governing the agency's ability to sell health care 14,995
information and resources to the public, to engage in activities 14,996
on a fee-for-service basis, and to enter into contractual 14,997
arrangements. However, these policies do not affect the 14,998
346
requirements of division (H) of section 3702.52 of the Revised 15,000
Code with respect to the amount the director pays for the 15,001
agency's performance of any function described in division (D)(5) 15,002
of this section. No health service agency shall engage in any 15,003
fee-for-service activity with a health care facility. Each board 15,004
of trustees shall hire appropriate staff to perform duties 15,005
required by the board.
(D) The functions of health service agencies shall 15,007
include, but not be limited to: 15,008
(1) Performing functions related to the planning and 15,010
implementation of health care facilities and health care services 15,012
by:
(a) Identifying community health care needs and 15,014
establishing community-based priorities and implementation 15,015
strategies;
(b) Developing community-based plans to address identified 15,017
needs and priorities; 15,018
(c) Providing technical assistance on community health 15,020
care needs assessment and planning and implementation strategies 15,021
to entities responsible for the delivery of health care services; 15,022
(d) Serving as the community resource to ensure that all 15,024
concerned individuals and organizations of the community are 15,025
represented and afforded an opportunity to participate in the 15,026
planning and implementation of the health care systems and 15,027
services that best meet the needs of the citizens of the health 15,028
service area;
(e) Submitting to the director of health for inclusion in 15,030
the state health resources plan issued under section 3702.521 of 15,031
the Revised Code the local community-based health resources plan, 15,033
which shall contain an analysis of the distribution of all health 15,034
services, facilities, and other resources in the health service 15,035
area, including existing deficiencies and excesses in local
health resources; 15,036
(f) Submitting annually to the director a supplemental 15,038
347
report recommending changes to the state health resources plan as 15,039
it deems appropriate by the community health planning process. 15,040
(2) Performing functions related to monitoring of the 15,042
health care system in the health service area, including: 15,043
(a) Compiling, analyzing, and disseminating technical 15,045
information and data identifying statistical trends and gaps in 15,046
health care services;
(b) Evaluating progress toward meeting local and state 15,048
health care goals as established by their respective planning 15,049
processes;
(c) Serving as the health service area community health 15,051
information center by: 15,052
(i) Making available to the general public information 15,054
about the quality, including performance and outcomes, and cost 15,055
of, and access to, the health care delivery services and systems; 15,056
(ii) Maintaining copies of reports on utilization of, 15,058
participation in, and performance of health care reform 15,059
initiatives, including OhioCare, any health insurance access 15,060
programs, and other health care cost, quality, and access reform 15,061
program;
(iii) Maintaining copies of all reports required by state 15,063
agencies that pertain to health care services, utilization, and 15,064
cost.
(3) Conducting the following community activities: 15,066
(a) Informing and educating the public on health care 15,068
issues, concerns, and proposed solutions, such as educating the 15,069
public about the proper use of health care delivery reform 15,070
initiatives;
(b) Providing forums for solving problems, resolving 15,072
conflicts, and building consensus; 15,073
(c) Publishing and making available to the public reports 15,075
on health care utilization, cost, and quality of services; 15,076
(d) Establishing and maintaining educational programs and 15,078
other informational resources for promoting improvement in the 15,079
348
health of the residents in the health service area. 15,080
(4) Promoting improvements in the health of the residents 15,082
of the health service area by helping the community to: 15,083
(a) Plan for and implement improvements in cost, 15,085
accessibility, and quality of health care services; 15,086
(b) Minimize unnecessary duplication of health services 15,088
and technology; 15,089
(c) Promote competition where appropriate in the health 15,091
service area. 15,092
(5) Implementing the certificate of need program on the 15,094
local level by:
(a) Providing technical assistance to applicants for 15,096
certificates of need; 15,097
(b) Advising the director of health by conducting 15,100
community reviews of certificate of need applications based on 15,101
local and state health resources plans and criteria and standards 15,102
established by the public health council; 15,103
(c) Conducting public informational hearings on 15,105
certificate of need applications under division (B) of section 15,106
3702.52 of the Revised Code;
(d) Submitting to the director findings and 15,108
recommendations on certificate of need applications; 15,109
(e) Monitoring compliance with the granted certificates of 15,111
need in the health service area on behalf of the director; 15,113
(f) Reporting findings of monitoring activities in a 15,115
format determined by the director. 15,116
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 15,125
3702.62 of the Revised Code, this section applies to the review 15,126
of certificate of need applications during the period beginning 15,127
July 1, 1993, and ending June 30, 1999 2001. 15,128
(B)(1) Except as provided in division (B)(2) of this 15,130
section, the director of health shall neither grant nor deny any 15,131
application for a certificate of need submitted prior to July 1, 15,132
1993, if the application was for any of the following and the 15,134
349
director had not issued a written decision concerning the 15,135
application prior to that date:
(a) Approval of beds in a new health care facility or an 15,137
increase of beds in an existing health care facility, if the beds 15,138
are proposed to be licensed as nursing home beds under Chapter 15,139
3721. of the Revised Code; 15,140
(b) Approval of beds in a new county home or new county 15,142
nursing home as defined in section 5155.31 of the Revised Code, 15,143
or an increase of beds in an existing county home or existing 15,144
county nursing home, if the beds are proposed to be certified as 15,145
skilled nursing facility beds under Title XVIII or nursing 15,146
facility beds under Title XIX of the "Social Security Act," 49 15,147
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 15,148
(c) Recategorization of hospital beds as described in 15,150
section 3702.522 of the Revised Code, an increase of hospital 15,152
beds registered pursuant to section 3701.07 of the Revised Code 15,153
as long-term care beds or skilled nursing facility beds, or a 15,154
recategorization of hospital beds that would result in an 15,155
increase of beds registered pursuant to that section as long-term 15,156
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 15,159
application to the applicant and, notwithstanding section 3702.52 15,160
of the Revised Code regarding the uses of the certificate of need 15,161
fund, shall refund to the applicant the application fee paid 15,162
under that section. Applications returned under division (B)(1) 15,163
of this section may be resubmitted in accordance with section 15,164
3702.52 of the Revised Code no sooner than July 1, 1999 2001. 15,165
(2) The director shall continue to review and shall issue 15,167
a decision regarding any application submitted prior to July 1, 15,168
1993, to increase beds for either of the purposes described in 15,170
division (B)(1)(a) or (b) of this section if the proposed 15,171
increase in beds is attributable solely to a replacement or 15,172
relocation of existing beds within the same county. The director 15,173
shall authorize under such an application no additional beds 15,174
350
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 15,176
section, the director, during the period beginning July 1, 1993, 15,177
and ending June 30, 1999 2001, shall not accept for review under 15,178
section 3702.52 of the Revised Code any application for a 15,179
certificate of need for any of the purposes described in 15,180
divisions (B)(1)(a) to (c) of this section. 15,181
(2) The director shall accept for review any application 15,183
for either of the purposes described in division (B)(1)(a) or (b) 15,184
of this section if the proposed increase in beds is attributable 15,185
solely to a replacement or relocation of existing beds within the 15,186
same county. The director shall authorize under such an 15,187
application no additional beds beyond those being replaced or 15,188
relocated. The director also shall accept for review any 15,189
application that seeks certificate of need approval for existing 15,190
beds located in an infirmary that is operated exclusively by a 15,192
religious order, provides care exclusively to members of 15,193
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 15,194
care exclusively to members of such a religious order on January 15,195
1, 1994.
(D) The director shall issue a decision regarding any case 15,197
remanded by a court as the result of a decision issued by the 15,200
director prior to July 1, 1993, to grant, deny, or withdraw a 15,201
certificate of need for any of the purposes described in 15,202
divisions (B)(1)(a) to (c) of this section. 15,203
(E) The director shall not project the need for beds 15,205
listed in division (B)(1) of this section for the period 15,206
beginning July 1, 1993, and ending June 30, 1999 2001. 15,207
This section is an interim section effective until July 1, 15,209
1999 2001. 15,210
Sec. 3705.24. (A) Except as otherwise provided in this 15,219
division or division (G) of this section, the fee for a certified 15,221
copy of a vital record or for a certification of birth shall be
351
five SEVEN dollars plus any fee required by section 3109.14 of 15,223
the Revised Code. Except as provided in section 3705.241 of the 15,224
Revised Code, the fee for a certified copy of a vital record or 15,225
for a certification of birth issued by the office of vital 15,226
statistics shall be an amount prescribed by the public health 15,227
council plus any fee required by section 3109.14 of the Revised 15,228
Code. The fee for a certified copy of a vital record or for a 15,229
certification of birth issued by a health district shall be an 15,230
amount prescribed in accordance with section 3709.09 of the 15,231
Revised Code plus any fee required by section 3109.14 of the 15,232
Revised Code. No certified copy of a vital record or 15,233
certification of birth shall be issued without payment of the fee 15,234
unless otherwise specified by statute.
For a special search of the files and records to determine 15,236
a date or place contained in a record on file, the office of 15,237
vital statistics shall charge a fee of three dollars for each 15,238
hour or fractional part of an hour required for the search. 15,239
(B) Except as otherwise provided in division (G) of this 15,242
section, and except as provided in section 3705.241 of the 15,243
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 15,244
into the state treasury to the credit of the general operations 15,245
fund created by section 3701.83 of the Revised Code. Money 15,247
generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it. 15,248
Amounts submitted to the department of health for copies of vital 15,250
records or services in excess of the fees imposed by this section 15,251
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 15,253
retained by the department and deposited in the state treasury to 15,254
the credit of the general operations fund created by section 15,255
3701.83 of the Revised Code. 15,256
(2) An overpayment in excess of two dollars shall be 15,258
returned to the person who made the overpayment. 15,259
352
(C) If a local registrar is a salaried employee of a city 15,261
or a general health district, any fees the local registrar 15,262
receives pursuant to section 3705.23 of the Revised Code shall be 15,263
paid into the general fund of the city or the health fund of the 15,264
general health district. 15,265
Each local registrar of vital statistics, or each health 15,267
district where the local registrar is a salaried employee of the 15,268
district, shall be entitled to a fee for each birth, fetal death, 15,269
death, or military service certificate properly and completely 15,270
made out and registered with the local registrar or district and 15,271
correctly copied and forwarded to the office of vital statistics 15,273
in accordance with the population of the primary registration 15,274
district at the last federal census. The fee for each birth, 15,275
fetal death, death, or military service certificate shall be: 15,276
(1) In primary registration districts of over two hundred 15,278
fifty thousand, twenty cents; 15,279
(2) In primary registration districts of over one hundred 15,281
twenty-five thousand and less than two hundred fifty thousand, 15,282
sixty cents; 15,283
(3) In primary registration districts of over fifty 15,285
thousand and less than one hundred twenty-five thousand, eighty 15,286
cents; 15,287
(4) In primary registration districts of less than fifty 15,289
thousand, one dollar. 15,290
(D) The director of health shall annually certify to the 15,292
county treasurers of the several counties the number of birth, 15,293
fetal death, death, and military service certificates registered 15,294
from their respective counties with the names of the local 15,295
registrars and the amounts due each registrar and health district 15,296
at the rates fixed in this section. Such amounts shall be paid 15,297
by the treasurer of the county in which the registration 15,298
districts are located. No fees shall be charged or collected by 15,299
registrars except as provided by this chapter and section 3109.14 15,300
of the Revised Code. 15,301
353
(E) A probate judge shall be paid a fee of fifteen cents 15,303
for each certified abstract of marriage prepared and forwarded by 15,304
the probate judge to the department of health pursuant to section 15,305
3705.21 of the Revised Code. The fee shall be in addition to the 15,306
fee paid for a marriage license and shall be paid by the 15,307
applicants for the license. 15,308
(F) The clerk of a court of common pleas shall be paid a 15,310
fee of one dollar for each certificate of divorce, dissolution, 15,311
and annulment of marriage prepared and forwarded by the clerk to 15,312
the department pursuant to section 3705.21 of the Revised Code. 15,313
The fee for the certified abstract of divorce, dissolution, or 15,314
annulment of marriage shall be added to the court costs allowed 15,315
in these cases. 15,316
(G) The fee for an heirloom certification of birth issued 15,318
pursuant to division (B)(2) of section 3705.23 of the Revised 15,320
Code shall be an amount prescribed by rule by the director of 15,322
health plus any fee required by section 3109.14 of the Revised 15,323
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 15,324
offset the expense of processing heirloom certifications of 15,325
birth. The fee prescribed by the director of health pursuant to 15,327
this division shall be deposited into the state treasury to the 15,329
credit of the heirloom certification of birth fund which is 15,330
hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing 15,331
heirloom certifications of birth. However, the money collected 15,332
for the surcharge, subject to the approval of the controlling 15,333
board, shall be used for the purposes specified by the family and 15,334
children first council pursuant to section 121.37 of the Revised 15,335
Code.
Sec. 3721.025. IF THE OPERATOR OF A NURSING HOME CLAIMS TO 15,337
THE PUBLIC THAT THE NURSING HOME PROVIDES SPECIAL SERVICES THAT 15,338
ARE ABOVE THE MINIMUM SERVICES THAT MUST BE PROVIDED TO BE 15,339
LICENSED UNDER THIS CHAPTER AS A NURSING HOME, THE OPERATOR SHALL 15,340
354
SUBMIT TO THE DEPARTMENT OF HEALTH A WRITTEN DESCRIPTION OF THE 15,341
SPECIAL SERVICES PROVIDED. THE DEPARTMENT SHALL MAINTAIN A 15,342
REGISTRY CONTAINING ALL DESCRIPTIONS SUBMITTED UNDER THIS 15,343
SECTION. ON REQUEST, THE DEPARTMENT SHALL PROVIDE A COPY OF A 15,344
DESCRIPTION SUBMITTED UNDER THIS SECTION. 15,345
Sec. 3721.31. (A)(1) Except as provided in division (E) 15,354
of this section, the director of health shall approve competency 15,355
evaluation programs and training and competency evaluation 15,356
programs in accordance with rules adopted under section 3721.30 15,357
of the Revised Code and shall periodically review and reapprove 15,358
programs approved under this section. 15,359
(2) Except as otherwise provided in division (A)(3) of 15,361
this section, the director may approve and reapprove programs 15,362
conducted by or in long-term care facilities, or by any 15,363
government agency or person, including an employee organization. 15,364
(3) The director shall not approve or reapprove a 15,366
competency evaluation program or training and competency 15,367
evaluation program conducted by or in a long-term care facility 15,368
that was determined by the director or the United States 15,369
secretary of health and human services to have been out of 15,370
compliance with the requirements of subsection (b), (c), or (d) 15,371
of section 1819 or 1919 of the "Social Security Act," 49 Stat. 15,372
620 (1935), 42 U.S.C.A. 301, as amended, within a two-year period 15,373
prior to making application for approval or reapproval and shall 15,374
revoke the approval or reapproval of a program conducted by or in 15,375
a facility for which such a determination is made. 15,376
(4) A long-term care facility, employee organization, 15,378
person, or government entity seeking approval or reapproval of a 15,379
competency evaluation program or training and competency 15,380
evaluation program shall make an application to the director for 15,381
approval or reapproval of the program and shall provide any 15,382
documentation requested by the director. 15,383
(5) The director may conduct inspections and examinations 15,385
of approved competency evaluation programs and training and 15,386
355
competency evaluation programs, competency evaluation programs 15,387
and training and competency evaluation programs for which an 15,388
application for approval has been submitted under division (A)(4) 15,389
of this section, and the sites at which they are or will be 15,390
conducted. The director may conduct inspections of long-term 15,391
care facilities in which individuals who have participated in 15,392
approved competency evaluation programs and training and 15,393
competency evaluation programs are being used as nurse aides. 15,394
(B) In accordance with Chapter 119. of the Revised Code, 15,396
the director may do the following: 15,397
(1) Deny, suspend, or revoke approval or reapproval of any 15,399
of the following that is not in compliance with this section and 15,400
section 3721.30 of the Revised Code and rules adopted thereunder: 15,401
(a) A competency evaluation program; 15,403
(b) A training and competency evaluation program; 15,405
(c) A training program for instructors or coordinators for 15,407
training and competency evaluation programs; 15,408
(d) A training program for evaluators for competency 15,410
evaluation programs. 15,411
(2) Deny a request that he THE DIRECTOR determine either 15,413
ANY of the following for the purposes of division (B) of section 15,415
3721.28 of the Revised Code: 15,416
(a) That a program completed prior to the dates specified 15,418
in division (B)(3) of section 3721.28 of the Revised Code 15,419
included a competency evaluation component no less stringent than 15,420
the competency evaluation programs approved or conducted by him 15,421
THE DIRECTOR under this section, and was otherwise comparable to 15,423
the training and competency evaluation programs being approved 15,424
under this section; 15,425
(b) That an individual satisfies division (B)(5) of 15,427
section 3721.28 of the Revised Code; 15,428
(c) That an individual meets the conditions specified in 15,430
division (F) of section 3721.28 of the Revised Code. 15,431
(C) The director may develop and conduct a competency 15,433
356
evaluation program for individuals used by long-term care 15,434
facilities as nurse aides at any time during the period 15,435
commencing July 1, 1989, and ending January 1, 1990, and 15,436
individuals who participate in training and competency evaluation 15,437
programs conducted in or by long-term care facilities. The 15,438
director also may conduct other competency evaluation programs 15,439
and training and competency evaluation programs. When conducting 15,440
competency evaluation programs and training and competency 15,441
evaluation programs, the director may use a nurse aide competency 15,442
evaluation prepared by a national standardized testing service, 15,443
and may contract with the service to administer the evaluation 15,444
PURSUANT TO SECTION 3701.044 OF THE REVISED CODE. 15,445
(D) The director may approve or conduct programs to train 15,447
instructors and coordinators for training and competency 15,448
evaluation programs and evaluators for competency evaluation 15,449
programs. The director may conduct inspections and examinations 15,450
of those programs that have been approved by him THE DIRECTOR or 15,451
for which an application for approval has been submitted, and the 15,453
sites at which the programs are or will be conducted. 15,454
(E) Notwithstanding division (A) of this section and 15,456
division (C) of section 3721.30 of the Revised Code, the 15,457
director, in his THE DIRECTOR'S discretion, may decline to 15,458
approve any competency evaluation programs. The director may 15,460
require all individuals used by long-term care facilities as 15,461
nurse aides after June 1, 1990, who have completed a training and 15,462
competency evaluation program approved by the director under 15,463
division (A) of this section or who have met the conditions 15,464
specified in division (F) of section 3721.28 of the Revised Code 15,465
to complete a competency evaluation program conducted by the 15,466
director under division (C) of this section. The director also 15,467
may require all individuals used as nurse aides by long-term care 15,468
facilities after June 1, 1990, who were used by a facility at any 15,469
time during the period commencing July 1, 1989, and ending 15,470
January 1, 1990, to complete a competency evaluation program 15,471
357
conducted by the director under division (C) of this section 15,472
rather than a competency evaluation program approved by him THE 15,473
DIRECTOR under division (A) of this section. 15,474
(F) The director shall not disclose test materials, 15,476
examinations, or evaluative EVALUATION tools used in any 15,477
competency evaluation program or training and competency 15,479
evaluation program that he THE DIRECTOR conducts or approves 15,480
under this section to any person or government entity, except as 15,481
he determines to be necessary for administration and enforcement 15,483
of this chapter and rules adopted under this chapter. The test 15,484
materials, examinations, and evaluative tools are not public 15,485
records for the purpose of section 149.43 of the Revised Code, 15,486
and are not subject to inspection or copying under THE 15,487
CONFIDENTIALITY PROVISIONS OF section 1347.08 3701.044 of the 15,488
Revised Code.
(G) The director shall impose fees prescribed by rules 15,490
adopted under section 3721.30 of the Revised Code for both of the 15,491
following: 15,492
(1) Making application for approval or reapproval of 15,494
either of the following: 15,495
(a) A competency evaluation program or a training and 15,497
competency evaluation program; 15,498
(b) A training program for instructors or coordinators for 15,500
training and competency evaluation programs, or evaluators for 15,501
competency evaluation programs; 15,502
(2) Participation in any competency evaluation program, 15,504
training and competency evaluation program, or other program 15,505
conducted by the director under this section. 15,506
If the director contracts with a national standardized 15,508
testing service pursuant to division (C) of this section for 15,509
administration by the service of a competency evaluation of nurse 15,510
aides, the director may authorize the service to collect and 15,511
retain fees in the amounts prescribed under the rules adopted by 15,512
the director under section 3721.30 of the Revised Code. 15,513
358
Sec. 3721.33. (A) Except as provided in division (B) of 15,522
this section FOR ANY FEE COLLECTED AND RETAINED BY A TESTING 15,523
SERVICE UNDER CONTRACT PURSUANT TO DIVISION (C) OF SECTION 15,524
3721.31 OF THE REVISED CODE, all fees collected under section 15,525
3721.31 of the Revised Code shall be deposited in the state 15,526
treasury to the credit of the nurse aide training fund, which is
hereby created. The moneys in the fund shall be used solely for 15,527
the purposes set forth in sections 3721.28 to 3721.32 of the 15,528
Revised Code and rules adopted thereunder. 15,529
(B) A national standardized testing service that collects 15,531
and retains fees under a contract described in division (G) of 15,532
section 3721.31 of the Revised Code is not required to deposit 15,533
the fees in the state treasury.
Sec. 3722.01. (A) As used in this chapter: 15,542
(1) "Owner" means the person who owns the business of and 15,544
who ultimately controls the operation of an adult care facility 15,545
and to whom the manager, if different from the owner, is 15,546
responsible. 15,547
(2) "Manager" means the person responsible for the daily 15,549
operation of an adult care facility. The manager and the owner 15,550
of a facility may be the same person. 15,551
(3) "Adult" means an individual eighteen years of age or 15,553
older. 15,554
(4) "Unrelated" means that an adult resident is not 15,556
related to the owner or manager of an adult care facility or to 15,557
his THE OWNER'S OR MANAGER'S spouse as a parent, grandparent, 15,558
child, stepchild, grandchild, brother, sister, niece, nephew, 15,560
aunt, or uncle, or as the child of an aunt or uncle. 15,561
(5) "Skilled nursing care" means skilled nursing care as 15,563
defined in section 3721.01 of the Revised Code. 15,564
(6)(a) "Personal care services" means services including, 15,566
but not limited to, the following: 15,567
(i) Assisting residents with activities of daily living; 15,569
(ii) Assisting residents with self-administration of 15,571
359
medication, in accordance with rules adopted by the public health 15,572
council pursuant to this chapter; 15,573
(iii) Preparing special diets, other than complex 15,575
therapeutic diets, for residents pursuant to the instructions of 15,576
a physician or a licensed dietitian, in accordance with rules 15,577
adopted by the public health council pursuant to this chapter. 15,578
(b) "Personal care services" does not include "skilled 15,580
nursing care" as defined in section 3721.01 of the Revised Code. 15,581
A facility need not provide more than one of the services listed 15,582
in division (A)(6)(a) of this section to be considered to be 15,583
providing personal care services. 15,584
(7) "Adult family home" means a residence or facility that 15,586
provides accommodations to three to five unrelated adults and 15,587
supervision and personal care services to at least three of those 15,588
adults. 15,589
(8) "Adult group home" means a residence or facility that 15,591
provides accommodations to six to sixteen unrelated adults and 15,592
provides supervision and personal care services to at least three 15,593
of the unrelated adults. 15,594
(9) "Adult care facility" means an adult family home or an 15,596
adult group home. For the purposes of this chapter, any 15,597
residence, facility, institution, hotel, congregate housing 15,598
project, or similar facility that provides accommodations and 15,599
supervision to three to sixteen unrelated adults, at least three 15,600
of whom are provided personal care services, is an adult care 15,601
facility regardless of how the facility holds itself out to the 15,602
public. "Adult care facility" does not include: 15,603
(a) A facility operated by a hospice care program licensed 15,605
under section 3712.04 of the Revised Code that is used 15,606
exclusively for care of hospice patients; 15,607
(b) A nursing home, residential care facility, or home for 15,610
the aging as defined in section 3721.01 of the Revised Code; 15,611
(c) A community alternative home as defined in section 15,613
3724.01 of the Revised Code; 15,614
360
(d) An alcohol and drug addiction program as defined in 15,616
section 3793.01 of the Revised Code; 15,617
(e) A habilitation center as defined in section 5123.041 15,619
of the Revised Code; 15,620
(f) A residential facility for the mentally ill licensed 15,622
by the department of mental health under section 5119.22 of the 15,623
Revised Code; 15,624
(g) A facility licensed to provide methadone treatment 15,626
under section 3793.11 of the Revised Code; 15,627
(h) A residential facility licensed under section 5123.19 15,629
of the Revised Code or otherwise regulated by the department of 15,630
mental retardation and developmental disabilities; 15,631
(i) Any residence, institution, hotel, congregate housing 15,633
project, or similar facility that provides personal care services 15,634
to fewer than three residents or that provides, for any number of 15,635
residents, only housing, housekeeping, laundry, meal preparation, 15,636
social or recreational activities, maintenance, security, 15,637
transportation, and similar services that are not personal care 15,638
services or skilled nursing care; 15,639
(j) Any facility that receives funding for operating costs 15,641
from the department of development under any program established 15,642
to provide emergency shelter housing or transitional housing for 15,643
the homeless; 15,644
(k) A terminal care facility for the homeless that has 15,646
entered into an agreement with a hospice care program under 15,647
section 3712.07 of the Revised Code; 15,648
(l) A facility approved by the veterans administration 15,650
under section 104(a) of the "Veterans Health Care Amendments of 15,651
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used 15,652
exclusively for the placement and care of veterans; 15,653
(m) Until January 1, 1994, the portion of a facility in 15,655
which care is provided exclusively to members of a religious 15,656
order if the facility is owned by or part of a nonprofit 15,657
institution of higher education authorized to award degrees by 15,658
361
the Ohio board of regents under Chapter 1713. of the Revised 15,659
Code. 15,660
(10) "Residents' rights advocate" means: 15,662
(a) An employee or representative of any state or local 15,664
government entity that has a responsibility for residents of 15,665
adult care facilities and has registered with the department of 15,666
health under section 3701.07 of the Revised Code; 15,667
(b) An employee or representative, other than a manager or 15,669
employee of an adult care facility or nursing home, of any 15,670
private nonprofit corporation or association that qualifies for 15,671
tax-exempt status under section 501(a) of the "Internal Revenue 15,672
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, 15,673
that has registered with the department of health under section 15,674
3701.07 of the Revised Code, and whose purposes include educating 15,675
and counseling residents, assisting residents in resolving 15,676
problems and complaints concerning their care and treatment, and 15,677
assisting them in securing adequate services. 15,678
(11) "Sponsor" means an adult relative, friend, or 15,680
guardian of a resident of an adult care facility who has an 15,681
interest in or responsibility for the resident's welfare. 15,682
(12) "Ombudsman OMBUDSPERSON" means a "representative of 15,684
the office of the state long-term care ombudsman OMBUDSPERSON 15,686
program" as defined in section 173.14 of the Revised Code. 15,688
(13) "MENTAL HEALTH AGENCY" HAS THE SAME MEANING AS IN 15,690
SECTION 5119.22 OF THE REVISED CODE. 15,691
(B) For purposes of this chapter, personal care services 15,693
or skilled nursing care shall be considered to be provided by a 15,694
facility if they are provided by a person employed by or 15,695
associated with the facility or by another person pursuant to an 15,696
agreement to which neither the resident who receives the services 15,697
nor his THE RESIDENT'S sponsor is a party. 15,698
(C) Nothing in division (A)(6) of this section shall be 15,700
construed to permit personal care services to be imposed upon a 15,701
resident who is capable of performing the activity in question 15,702
362
without assistance. 15,703
Sec. 3722.011. All medication taken by residents of an 15,712
adult care facility shall be self-administered, except that 15,713
medication may be administered to a resident by a home health 15,714
agency, hospice care program, or nursing home staff, MENTAL 15,715
HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 15,716
HEALTH SERVICES under division (B) of section 3722.16 of the 15,718
Revised Code. Members of the staff of an adult care facility 15,719
shall not administer medication to residents. No person shall be 15,720
admitted to or retained by an adult care facility unless the 15,721
person is capable of taking his THE PERSON'S own medication and 15,722
biologicals, as determined in writing by the person's personal 15,724
physician, except that a person may be admitted to or retained by 15,725
such a facility if his THE PERSON'S medication is administered by 15,727
a home health agency, hospice care program, or nursing home 15,728
staff, MENTAL HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, 15,729
AND MENTAL HEALTH SERVICES under division (B) of section 3722.16 15,731
of the Revised Code. Members of the staff of an adult care 15,732
facility may do any of the following:
(A) Remind a resident when to take medication and watch to 15,734
ensure that the resident follows the directions on the container; 15,735
(B) Assist a resident in the self-administration of 15,737
medication by taking the medication from the locked area where it 15,738
is stored, in accordance with rules adopted by the public health 15,739
council pursuant to this chapter, and handing it to the resident. 15,740
If the resident is physically unable to open the container, a 15,741
staff member may open the container for the resident. 15,742
(C) Assist a physically impaired but mentally alert 15,744
resident, such as a resident with arthritis, cerebral palsy, or 15,745
Parkinson's disease, in removing oral or topical medication from 15,746
containers and in consuming or applying the medication, upon 15,747
request by or with the consent of the resident. If a resident is 15,748
physically unable to place a dose of medicine to his THE 15,749
RESIDENT'S mouth without spilling it, a staff member may place 15,751
363
the dose in a container and place the container to the mouth of 15,752
the resident.
Sec. 3722.10. (A) The public health council shall have 15,761
the exclusive authority to adopt and shall, not later than 15,762
November 15, 1991, adopt rules in accordance with Chapter 119. of 15,763
the Revised Code governing the licensing and operation of adult 15,764
care facilities. The rules shall specify: 15,765
(1) Procedures for the issuance, renewal, and revocation 15,767
of licenses and temporary licenses, for the granting and denial 15,768
of waivers, and for the issuance and termination of orders of 15,769
suspension of admission pursuant to section 3722.07 of the 15,770
Revised Code; 15,771
(2) The qualifications required for owners, managers, and 15,773
employees of adult care facilities, including character, 15,774
training, education, experience, and financial resources and the 15,775
number of staff members required in a facility; 15,776
(3) Adequate space, equipment, safety, and sanitation 15,778
standards for the premises of adult care facilities, and fire 15,779
protection standards for adult family homes as required by 15,780
section 3722.041 of the Revised Code; 15,781
(4) The personal, social, dietary, and recreational 15,783
services to be provided to each resident of adult care 15,784
facilities. In the case of an adult care facility providing 15,785
personal care services to one or more individuals with mental 15,786
illness or with severe mental disabilities who are referred by or 15,787
are receiving mental health services from a mental health agency, 15,788
as defined in section 5119.22 of the Revised Code, the rules 15,789
shall require, EXCEPT IN AN EMERGENCY, an affiliation agreement 15,791
between the adult care facility and the community BOARD OF 15,792
ALCOHOL, DRUG ADDICTION, AND mental health board SERVICES or an 15,793
affiliation agreement approved by the community mental health 15,794
board between the adult care facility and the mental health 15,795
agency THAT HAS BEEN APPROVED BY THE BOARD. The affiliation 15,797
agreement must be consistent with the residential portion of the 15,798
364
community mental health plan submitted pursuant to section 340.03 15,799
of the Revised Code.
(5) Rights of residents of adult care facilities, in 15,801
addition to the rights enumerated under section 3722.12 of the 15,802
Revised Code, and procedures to protect and enforce the rights of 15,803
these residents; 15,804
(6) Provisions for keeping records of residents and for 15,806
maintaining the confidentiality of the records as required by 15,807
division (B) of section 3722.12 of the Revised Code. The 15,808
provisions for maintaining the confidentiality of records shall, 15,809
at the minimum, meet the requirements for maintaining the 15,810
confidentiality of records under Title XIX of the "Social 15,811
Security Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and 15,812
regulations promulgated thereunder. 15,813
(7) Measures to be taken by adult care facilities relative 15,815
to residents' medication, including policies and procedures 15,816
concerning medication, storage of medication in a locked area, 15,817
and disposal of medication and assistance with 15,818
self-administration of medication, if the facility provides 15,819
assistance; 15,820
(8) Requirements for initial and periodic health 15,822
assessments of prospective and current adult care facility 15,823
residents by physicians or other health professionals to ensure 15,824
that they do not require a level of care beyond that which is 15,825
provided by the adult care facility, including assessment of 15,826
their capacity to self-administer the medications prescribed for 15,827
them; 15,828
(9) Requirements relating to preparation of special diets; 15,830
(10) The amount of the fees for new and renewal license 15,832
applications made pursuant to sections 3722.02 and 3722.04 of the 15,833
Revised Code; 15,834
(11) Measures to be taken by any employee of the state or 15,836
any political subdivision of the state authorized by this chapter 15,837
to enter an adult care facility to inspect the facility or for 15,838
365
any other purpose, to ensure that the employee respects the 15,839
privacy and dignity of residents of the facility, cooperates with 15,840
residents of the facility and behaves in a congenial manner 15,841
toward them, and protects the rights of residents; 15,842
(12) Any other rules necessary for the administration and 15,844
enforcement of this chapter. 15,845
(B) THE PUBLIC HEALTH COUNCIL SHALL CONSULT WITH THE 15,847
DIRECTOR OF MENTAL HEALTH REGARDING THE RULES ADOPTED UNDER 15,848
DIVISION (A)(4) OF THIS SECTION THAT CONCERN SERVICES TO 15,849
INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL DISABILITIES. 15,850
THE COUNCIL SHALL AMEND THE RULES IN ACCORDANCE WITH DIRECTION 15,851
FROM THE DIRECTOR OF MENTAL HEALTH.
(C) The director of health shall advise adult care 15,853
facilities regarding compliance with the requirements of this 15,854
chapter and with the rules adopted pursuant to this chapter. 15,855
(C)(D) Any duty or responsibility imposed upon the 15,857
director of health by this chapter may be carried out by an 15,858
employee of the department of health. 15,859
(D)(E) Employees of the department of health may enter, 15,861
for the purposes of investigation, any institution, residence, 15,862
facility, or other structure which has been reported to the 15,863
department as, or that the department has reasonable cause to 15,864
believe is, operating as an adult care facility without a valid 15,865
license. 15,866
Sec. 3722.15. (A) Employees THE FOLLOWING MAY ENTER AN 15,875
ADULT CARE FACILITY AT ANY TIME: 15,876
(1) EMPLOYEES designated by the director of health, 15,879
employees;
(2) EMPLOYEES designated by the director of aging, 15,881
employees; 15,882
(3) EMPLOYEES designated by the attorney general, 15,885
employees;
(4) EMPLOYEES designated by a county department of human 15,888
services to implement sections 5101.60 to 5101.71 of the Revised 15,889
366
Code, and persons;
(5) PERSONS employed pursuant to division (M) of section 15,892
173.01 of the Revised Code in the long-term care facilities 15,893
ombudsman OMBUDSPERSON program may enter any adult care facility 15,895
at any time. These;
(6) EMPLOYEES OF A MENTAL HEALTH AGENCY DESIGNATED BY THE 15,897
DIRECTOR OF MENTAL HEALTH, IF THE AGENCY IS UNDER CONTRACT WITH A 15,898
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES AND 15,899
HAS A CLIENT RESIDING IN THE FACILITY; 15,900
(7) EMPLOYEES OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND 15,902
MENTAL HEALTH SERVICES DESIGNATED BY THE DIRECTOR OF MENTAL 15,903
HEALTH, IF AN INDIVIDUAL RECEIVING MENTAL HEALTH SERVICES 15,904
PROVIDED BY THE BOARD OR A MENTAL HEALTH AGENCY UNDER CONTRACT 15,905
WITH THE BOARD RESIDES IN THE FACILITY. 15,906
THESE employees shall be afforded access to all records of 15,910
the facility, including records pertaining to residents, and may 15,911
copy the records. Neither these employees nor the director of 15,912
health shall release, without consent, any information obtained 15,913
from the records of an adult care facility that reasonably would 15,914
tend to identify a specific resident of the facility, except as 15,915
ordered by a court of competent jurisdiction. 15,916
(B) The following persons may enter any adult care 15,918
facility during reasonable hours: 15,919
(1) A resident's sponsor; 15,921
(2) Residents' rights advocates; 15,923
(3) A resident's attorney; 15,925
(4) A minister, priest, rabbi, or other person ministering 15,927
to a resident's religious needs; 15,928
(5) A physician or other person providing health care 15,930
services to a resident; 15,931
(6) Employees authorized by county departments of human 15,933
services and local boards of health or health departments to 15,934
enter adult care facilities; 15,935
(7) A prospective resident and his PROSPECTIVE RESIDENT'S 15,937
367
sponsor. 15,938
(C) The manager of an adult care facility may require a 15,940
person seeking to enter the facility to present identification 15,941
sufficient to identify him THE PERSON as an authorized person 15,942
under this section. 15,944
Sec. 3722.16. (A) No person shall: 15,953
(1) Operate an adult care facility unless the facility is 15,955
validly licensed by the director of health under section 3722.04 15,956
of the Revised Code; 15,957
(2) Admit to an adult care facility more residents than 15,959
the number authorized in the facility's license; 15,960
(3) Admit a resident to an adult care facility after the 15,962
director has issued an order pursuant to section 3722.07 of the 15,963
Revised Code suspending admissions to the facility. Violation of 15,964
division (A)(3) of this section is cause for revocation of the 15,965
facility's license. 15,966
(4) EXCEPT IN AN EMERGENCY, ADMIT OR RETAIN A RESIDENT TO 15,968
AN ADULT CARE FACILITY IF THE RESIDENT HAS MENTAL ILLNESS OR 15,969
SEVERE MENTAL DISABILITIES AND IS REFERRED BY OR RECEIVING MENTAL 15,970
HEALTH SERVICES FROM A MENTAL HEALTH AGENCY, UNLESS THE FACILITY 15,971
HAS AN AFFILIATION AGREEMENT WITH THE BOARD OF ALCOHOL, DRUG 15,973
ADDICTION, AND MENTAL HEALTH SERVICES OR AN AFFILIATION AGREEMENT 15,974
APPROVED BY THE BOARD WITH THE MENTAL HEALTH AGENCY; 15,975
(5) Interfere with any authorized inspection of an adult 15,977
care facility conducted pursuant to section 3722.02 or 3722.04 of 15,978
the Revised Code; 15,979
(5)(6) Violate any of the provisions of this chapter or 15,981
any of the rules adopted pursuant to it. 15,982
(B) No adult care facility shall provide, or admit or 15,984
retain any resident in need of, skilled nursing care unless all 15,985
of the following are the case: 15,986
(1) The care will be provided on a part-time, intermittent 15,988
basis for not more than a total of one hundred twenty days in any 15,989
twelve-month period by one or more of the following: 15,990
368
(a) A home health agency certified under Title XVIII of 15,992
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 15,993
as amended; 15,994
(b) A hospice care program licensed under Chapter 3712. of 15,996
the Revised Code; 15,997
(c) A nursing home licensed under Chapter 3721. of the 15,999
Revised Code and owned and operated by the same person and 16,000
located on the same site as the adult care facility; 16,001
(d) A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 16,003
ADDICTION, AND MENTAL HEALTH SERVICES. 16,004
(2) The staff of the home health agency, hospice care 16,006
program, or nursing home, MENTAL HEALTH AGENCY, OR BOARD OF 16,007
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES does not 16,008
train facility staff to provide the skilled nursing care; 16,010
(3) The individual to whom the skilled nursing care is 16,012
provided is suffering from a short-term illness; 16,013
(4) If the skilled nursing care is to be provided by the 16,015
nursing staff of a nursing home, all of the following are the 16,016
case: 16,017
(a) The adult care facility evaluates the individual 16,019
receiving the skilled nursing care at least once every seven days 16,020
to determine whether he THE INDIVIDUAL should be transferred to a 16,022
nursing home;
(b) The adult care facility meets at all times staffing 16,024
requirements established by rules adopted under section 3722.10 16,025
of the Revised Code; 16,026
(c) The nursing home does not include the cost of 16,028
providing skilled nursing care to the adult care facility 16,029
residents in a cost report filed under section 5111.26 of the 16,030
Revised Code; 16,031
(d) The nursing home meets at all times the nursing home 16,033
licensure staffing ratios established by rules adopted under 16,034
section 3721.04 of the Revised Code; 16,035
(e) The nursing home staff providing skilled nursing care 16,037
369
to adult care facility residents are registered nurses or 16,038
licensed practical nurses licensed under Chapter 4723. of the 16,039
Revised Code and meet the personnel qualifications for nursing 16,040
home staff established by rules adopted under section 3721.04 of 16,041
the Revised Code; 16,042
(f) The skilled nursing care is provided in accordance 16,044
with rules established for nursing homes under section 3721.04 of 16,045
the Revised Code; 16,046
(g) The nursing home meets the skilled nursing care needs 16,048
of the adult care facility residents; 16,049
(h) Using the nursing home's nursing staff does not 16,051
prevent the nursing home or adult care facility from meeting the 16,052
needs of the nursing home and adult care facility residents in a 16,053
quality and timely manner. 16,054
Notwithstanding section 3721.01 of the Revised Code, an 16,056
adult care facility in which residents receive skilled nursing 16,057
care as described in division (B) of this section is not a 16,058
nursing home. No adult care facility shall provide skilled 16,059
nursing care. 16,060
(C) A home health agency or hospice care program that 16,062
provides skilled nursing care pursuant to division (B) of this 16,063
section may not be associated with the adult care facility unless 16,064
the facility is part of a home for the aged as defined in section 16,065
5701.13 of the Revised Code or the adult care facility is owned 16,066
and operated by the same person and located on the same site as a 16,067
nursing home licensed under Chapter 3721. of the Revised Code 16,068
that is associated with the home health agency or hospice care 16,069
program. In addition, the following requirements shall be met: 16,070
(1) The adult care facility shall evaluate the individual 16,072
receiving the skilled nursing care not less than once every seven 16,073
days to determine whether he THE INDIVIDUAL should be transferred 16,075
to a nursing home; 16,076
(2) If the costs of providing the skilled nursing care are 16,078
included in a cost report filed pursuant to section 5111.26 of 16,079
370
the Revised Code by the nursing home that is part of the same 16,080
home for the aged, the home health agency or hospice care program 16,081
shall not seek reimbursement for the care under the medical 16,082
assistance program established under Chapter 5111. of the Revised 16,083
Code. 16,084
(D)(1) No person knowingly shall place or recommend 16,086
placement of any person in an adult care facility that is 16,087
operating without a license. 16,088
(2) No employee of a unit of local or state government or 16,090
a community, BOARD OF ALCOHOL, DRUG ADDICTION, AND mental health 16,092
board or SERVICES, mental health agency, OR PASSPORT 16,094
ADMINISTRATIVE AGENCY shall place or recommend placement of any 16,095
person in an adult care facility if the employee knows that the 16,096
facility cannot meet the needs of the potential resident. 16,097
(3) No person who has reason to believe that an adult care 16,099
facility is operating without a license shall fail to report this 16,100
information to the director of health. 16,101
(E) NO ADULT CARE FACILITY SHALL ADMIT OR RETAIN ANY 16,103
RESIDENT IN NEED OF MENTAL HEALTH SERVICES UNLESS THE SERVICES 16,104
ARE PROVIDED BY A MENTAL HEALTH AGENCY OR A BOARD OF ALCOHOL, 16,105
DRUG ADDICTION, AND MENTAL HEALTH SERVICES. 16,106
(F) In accordance with Chapter 119. of the Revised Code, 16,109
the public health council shall adopt rules that define a 16,110
short-term illness for purposes of division (B)(3) of this 16,111
section and specify, consistent with rules pertaining to home 16,112
health care adopted by the director of human services under the 16,113
medical assistance program established under Chapter 5111. of the 16,114
Revised Code and Title XIX of the "Social Security Act," 49 Stat. 16,115
620 (1935), 42 U.S.C. 301, as amended, what constitutes a 16,116
part-time, intermittent basis for purposes of division (B)(1) of 16,117
this section. 16,118
Sec. 3734.02. (A) The director of environmental 16,127
protection, in accordance with Chapter 119. of the Revised Code, 16,128
shall adopt and may amend, suspend, or rescind rules having 16,129
371
uniform application throughout the state governing solid waste 16,130
facilities and the inspections of and issuance of permits and 16,131
licenses for all solid waste facilities in order to ensure that 16,132
the facilities will be located, maintained, and operated, and 16,133
will undergo closure and post-closure care, in a sanitary manner 16,134
so as not to create a nuisance, cause or contribute to water 16,135
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 16,136
or 40 C.F.R. 257.3-8, as amended. The rules may include, without 16,137
limitation, financial assurance requirements for closure and 16,138
post-closure care and corrective action and requirements for 16,139
taking corrective action in the event of the surface or 16,140
subsurface discharge or migration of explosive gases or leachate 16,141
from a solid waste facility, or of ground water contamination 16,142
resulting from the transfer or disposal of solid wastes at a 16,143
facility, beyond the boundaries of any area within a facility 16,144
that is operating or is undergoing closure or post-closure care 16,145
where solid wastes were disposed of or are being disposed of. 16,146
The rules shall not concern or relate to personnel policies, 16,147
salaries, wages, fringe benefits, or other conditions of 16,148
employment of employees of persons owning or operating solid 16,149
waste facilities. The director, in accordance with Chapter 119. 16,150
of the Revised Code, shall adopt and may amend, suspend, or 16,151
rescind rules governing the issuance, modification, revocation, 16,152
suspension, or denial of variances from the director's solid 16,153
waste rules, including, without limitation, rules adopted under 16,155
this chapter governing the management of scrap tires. 16,156
Variances shall be issued, modified, revoked, suspended, or 16,158
rescinded in accordance with this division, rules adopted under 16,159
it, and Chapter 3745. of the Revised Code. The director may 16,160
order the person to whom a variance is issued to take such action 16,161
within such time as the director may determine to be appropriate 16,162
and reasonable to prevent the creation of a nuisance or a hazard 16,163
to the public health or safety or the environment. Applications 16,164
for variances shall contain such detail plans, specifications, 16,165
372
and information regarding objectives, procedures, controls, and 16,166
other pertinent data as the director may require. The director 16,167
shall grant a variance only if the applicant demonstrates to the 16,168
director's satisfaction that construction and operation of the 16,169
solid waste facility in the manner allowed by the variance and 16,170
any terms or conditions imposed as part of the variance will not 16,171
create a nuisance or a hazard to the public health or safety or 16,172
the environment. In granting any variance, the director shall 16,173
state the specific provision or provisions whose terms are to be 16,174
varied and also shall state specific terms or conditions imposed 16,175
upon the applicant in place of the provision or provisions. The 16,176
director may hold a public hearing on an application for a 16,177
variance or renewal of a variance at a location in the county 16,178
where the operations that are the subject of the application for 16,179
the variance are conducted. The director shall give not less 16,180
than twenty days' notice of the hearing to the applicant by 16,181
certified mail and shall publish at least one notice of the 16,182
hearing in a newspaper with general circulation in the county 16,183
where the hearing is to be held. The director shall make 16,184
available for public inspection at the principal office of the 16,185
environmental protection agency a current list of pending 16,186
applications for variances and a current schedule of pending 16,187
variance hearings. The director shall make a complete 16,188
stenographic record of testimony and other evidence submitted at 16,189
the hearing. Within ten days after the hearing, the director 16,190
shall make a written determination to issue, renew, or deny the 16,191
variance and shall enter the determination and the basis for it 16,192
into the record of the hearing. The director shall issue, renew, 16,193
or deny an application for a variance or renewal of a variance 16,194
within six months of the date upon which the director receives a 16,195
complete application with all pertinent information and data 16,196
required. No variance shall be issued, revoked, modified, or 16,197
denied until the director has considered the relative interests 16,198
of the applicant, other persons and property affected by the 16,199
373
variance, and the general public. Any variance granted under 16,200
this division shall be for a period specified by the director and 16,201
may be renewed from time to time on such terms and for such 16,202
periods as the director determines to be appropriate. No 16,203
application shall be denied and no variance shall be revoked or 16,204
modified without a written order stating the findings upon which 16,205
the denial, revocation, or modification is based. A copy of the 16,206
order shall be sent to the applicant or variance holder by 16,207
certified mail. 16,208
(B) The director shall prescribe and furnish the forms 16,210
necessary to administer and enforce this chapter. The director 16,211
may cooperate with and enter into agreements with other state, 16,212
local, or federal agencies to carry out the purposes of this 16,213
chapter. The director may exercise all incidental powers 16,214
necessary to carry out the purposes of this chapter. 16,215
The director may use moneys in the infectious waste 16,217
management fund created in section 3734.021 of the Revised Code 16,218
exclusively for administering and enforcing the provisions of 16,219
this chapter governing the management of infectious wastes. Of 16,220
each registration and renewal fee collected under rules adopted 16,221
under division (A)(2)(a) of section 3734.021 or under section 16,222
3734.022 of the Revised Code, the director, within forty-five 16,223
days of its receipt, shall remit from the fund one-half of the 16,224
fee received to the board of health of the health district in 16,225
which the registered premises is located, or, in the instance of 16,226
an infectious wastes transporter, to the board of health of the 16,227
health district in which the transporter's principal place of 16,228
business is located. However, if the board of health having 16,229
jurisdiction over a registrant's premises or principal place of 16,230
business is not on the approved list under section 3734.08 of the 16,231
Revised Code, the director shall not make that payment to the 16,232
board of health. 16,233
(C) Except as provided in this division and division 16,235
DIVISIONS (N)(2) AND (3) of this section, no person shall 16,236
374
establish a new solid waste facility or infectious waste 16,238
treatment facility, or modify an existing solid waste facility or 16,239
infectious waste treatment facility, without submitting an 16,240
application for a permit with accompanying detail plans, 16,241
specifications, and information regarding the facility and method 16,242
of operation and receiving a permit issued by the director, 16,243
except that no permit shall be required under this division to 16,244
install or operate a solid waste facility for sewage sludge 16,245
treatment or disposal when the treatment or disposal is 16,246
authorized by a current permit issued under Chapter 3704. or 16,247
6111. of the Revised Code.
No person shall continue to operate a solid waste facility 16,249
for which the director has denied a permit for which an 16,250
application was required under division (A)(3) of section 3734.05 16,251
of the Revised Code, or for which the director has disapproved 16,252
plans and specifications required to be filed by an order issued 16,253
under division (A)(5) of that section, after the date prescribed 16,254
for commencement of closure of the facility in the order issued 16,255
under division (A)(6) of section 3734.05 of the Revised Code 16,256
denying the permit application or approval. 16,257
On and after the effective date of the rules adopted under 16,259
division (A) of this section and division (D) of section 3734.12 16,260
of the Revised Code governing solid waste transfer facilities, no 16,261
person shall establish a new, or modify an existing, solid waste 16,262
transfer facility without first submitting an application for a 16,263
permit with accompanying engineering detail plans, 16,264
specifications, and information regarding the facility and its 16,265
method of operation to the director and receiving a permit issued 16,266
by the director. 16,267
No person shall establish a new compost facility or 16,269
continue to operate an existing compost facility that accepts 16,270
exclusively source separated yard wastes without submitting a 16,271
completed registration for the facility to the director in 16,272
accordance with rules adopted under division DIVISIONS (A) AND 16,274
375
(N)(3) of this section.
This division does not apply to an infectious waste 16,276
treatment facility that meets any of the following conditions: 16,277
(1) Is owned or operated by the generator of the wastes 16,279
and exclusively treats, by methods, techniques, and practices 16,280
established by rules adopted under division (C)(1) or (3) of 16,281
section 3734.021 of the Revised Code, wastes that are generated 16,282
at any premises owned or operated by that generator regardless of 16,283
whether the wastes are generated on the premises where the 16,284
generator's treatment facility is located or, if the generator is 16,285
a hospital as defined in section 3727.01 of the Revised Code, 16,286
infectious wastes that are described in division (A)(1)(g), (h), 16,287
or (i) of section 3734.021 of the Revised Code; 16,288
(2) Holds a license or renewal of a license to operate a 16,290
crematory facility issued under Chapter 4717. and a permit issued 16,292
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, 16,294
or the blood of animals, and is subject to any of the following: 16,295
(a) Inspection under the "Federal Meat Inspection Act," 81 16,297
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 16,298
(b) Chapter 918. of the Revised Code; 16,300
(c) Chapter 953. of the Revised Code. 16,302
(D) Neither this chapter nor any rules adopted under it 16,304
apply to single-family residential premises; to infectious wastes 16,305
generated by individuals for purposes of their own care or 16,306
treatment that are disposed of with solid wastes from the 16,307
individual's residence; to the temporary storage of solid wastes, 16,308
other than scrap tires, prior to their collection for disposal; 16,309
to the storage of one hundred or fewer scrap tires unless they 16,310
are stored in such a manner that, in the judgment of the director 16,311
or the board of health of the health district in which the scrap 16,312
tires are stored, the storage causes a nuisance, a hazard to 16,313
public health or safety, or a fire hazard; or to the collection 16,314
of solid wastes, other than scrap tires, by a political 16,315
376
subdivision or a person holding a franchise or license from a 16,316
political subdivision of the state; to composting, as defined in 16,317
section 1511.01 of the Revised Code, conducted in accordance with 16,318
section 1511.022 of the Revised Code; or to any person who is 16,319
licensed to transport raw rendering material to a compost 16,320
facility pursuant to section 953.23 of the Revised Code. 16,321
(E)(1) As used in this division and section 3734.18 of the 16,323
Revised Code: 16,324
(a) "On-site facility" means a facility that stores, 16,326
treats, or disposes of hazardous waste that is generated on the 16,327
premises of the facility. 16,328
(b) "Off-site facility" means a facility that stores, 16,330
treats, or disposes of hazardous waste that is generated off the 16,331
premises of the facility and includes such a facility that is 16,332
also an on-site facility. 16,333
(c) "Satellite facility" means any of the following: 16,335
(i) An on-site facility that also receives hazardous waste 16,337
from other premises owned by the same person who generates the 16,338
waste on the facility premises; 16,339
(ii) An off-site facility operated so that all of the 16,341
hazardous waste it receives is generated on one or more premises 16,342
owned by the person who owns the facility; 16,343
(iii) An on-site facility that also receives hazardous 16,345
waste that is transported uninterruptedly and directly to the 16,346
facility through a pipeline from a generator who is not the owner 16,347
of the facility. 16,348
(2) Except as provided in division (E)(3) of this section, 16,351
no person shall establish or operate a hazardous waste facility, 16,352
or use a solid waste facility for the storage, treatment, or 16,353
disposal of any hazardous waste, without a hazardous waste 16,354
facility installation and operation permit from the hazardous 16,355
waste facility board issued in accordance with section 3734.05 of 16,356
the Revised Code and subject to the payment of an application fee 16,357
not to exceed one thousand five hundred dollars, payable upon 16,358
377
application for a hazardous waste facility installation and 16,359
operation permit and upon application for a renewal permit issued 16,360
under division (H) of section 3734.05 of the Revised Code, to be 16,361
credited to the hazardous waste facility management fund created 16,362
in section 3734.18 of the Revised Code. The term of a hazardous 16,363
waste facility installation and operation permit shall not exceed 16,364
five years.
In addition to the application fee, there is hereby levied 16,366
an annual permit fee to be paid by the permit holder upon the 16,367
anniversaries of the date of issuance of the hazardous waste 16,368
facility installation and operation permit and of any subsequent 16,369
renewal permits and to be credited to the hazardous waste 16,370
facility management fund. Annual permit fees totaling forty 16,371
thousand dollars or more for any one facility may be paid on a 16,372
quarterly basis with the first quarterly payment each year being 16,373
due on the anniversary of the date of issuance of the hazardous 16,374
waste facility installation and operation permit and of any 16,375
subsequent renewal permits. The annual permit fee shall be 16,376
determined for each permit holder by the director in accordance 16,377
with the following schedule: 16,378
TYPE OF BASIC 16,380
MANAGEMENT UNIT TYPE OF FACILITY FEE 16,382
Storage facility using: 16,383
Containers On-site, off-site, and 16,384
satellite $ 500 16,385
Tanks On-site, off-site, and 16,386
satellite 500 16,387
Waste pile On-site, off-site, and 16,388
satellite 3,000 16,389
Surface impoundment On-site and satellite 8,000 16,390
Off-site 10,000 16,391
Disposal facility using: 16,392
Deep well injection On-site and satellite 15,000 16,393
Off-site 25,000 16,394
378
Landfill On-site and satellite 25,000 16,395
Off-site 40,000 16,396
Land application On-site and satellite 2,500 16,397
Off-site 5,000 16,398
Surface impoundment On-site and satellite 10,000 16,399
Off-site 20,000 16,400
Treatment facility using: 16,401
Tanks On-site, off-site, and 16,402
satellite 700 16,403
Surface impoundment On-site and satellite 8,000 16,404
Off-site 10,000 16,405
Incinerator On-site and satellite 5,000 16,406
Off-site 16,407
Other forms 16,408
of treatment On-site, off-site, and 16,409
satellite 1,000 16,410
In determining the annual permit fee required by this 16,413
section, the director shall not require additional payments for 16,414
multiple units of the same method of storage, treatment, or 16,415
disposal or for individual units that are used for both storage 16,416
and treatment. A facility using more than one method of storage, 16,417
treatment, or disposal shall pay the permit fee indicated by the 16,418
schedule for each such method. 16,419
The director shall not require the payment of that portion 16,421
of an annual permit fee of any permit holder that would apply to 16,422
a hazardous waste management unit for which a permit has been 16,423
issued, but for which construction has not yet commenced. Once 16,424
construction has commenced, the director shall require the 16,425
payment of a part of the appropriate fee indicated by the 16,426
schedule that bears the same relationship to the total fee that 16,427
the number of days remaining until the next anniversary date at 16,428
which payment of the annual permit fee is due bears to three 16,429
hundred sixty-five. 16,430
The director, by rules adopted in accordance with Chapters 16,432
379
119. and 3745. of the Revised Code, shall prescribe procedures 16,433
for collecting the annual permit fee established by this division 16,434
and may prescribe other requirements necessary to carry out this 16,435
division. 16,436
(3) The prohibition against establishing or operating a 16,438
hazardous waste facility without a hazardous waste facility 16,440
installation and operation permit from the board does not apply 16,442
to either of the following:
(a) A facility that is operating in accordance with a 16,444
permit renewal issued under division (H) of section 3734.05 of 16,446
the Revised Code, a revision issued under division (I) of that 16,448
section as it existed prior to August 20, 1996, or a modification 16,450
issued by the director under division (I) of that section on and 16,451
after August 20, 1996; 16,452
(b) Except as provided in division (J) of section 3734.05 16,455
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 16,457
permit requirements, under rules adopted by the director. In 16,458
accordance with Chapter 119. of the Revised Code, the director 16,461
shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division (E)(3)(b) of this section. 16,463
Any rules so adopted shall be consistent with and equivalent to 16,464
regulations pertaining to interim status adopted under the 16,465
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 16,467
42 U.S.C.A. 6921, as amended, except as otherwise provided in 16,469
this chapter.
If a modification is requested or proposed for a facility 16,471
described in division (E)(3)(a) or (b) of this section, division 16,473
(I)(8) of section 3734.05 of the Revised Code applies. 16,474
(F) No person shall store, treat, or dispose of hazardous 16,476
waste identified or listed under this chapter and rules adopted 16,477
under it, regardless of whether generated on or off the premises 16,478
where the waste is stored, treated, or disposed of, or transport 16,479
or cause to be transported any hazardous waste identified or 16,480
380
listed under this chapter and rules adopted under it to any other 16,481
premises, except at or to any of the following: 16,482
(1) A hazardous waste facility operating under a permit 16,484
issued in accordance with this chapter; 16,485
(2) A facility in another state operating under a license 16,487
or permit issued in accordance with the "Resource Conservation 16,488
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 16,489
amended; 16,490
(3) A facility in another nation operating in accordance 16,492
with the laws of that nation; 16,493
(4) A facility holding a permit issued pursuant to Title I 16,495
of the "Marine Protection, Research, and Sanctuaries Act of 16,496
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; 16,497
(5) A hazardous waste facility as described in division 16,499
(E)(3)(a) or (b) of this section. 16,500
(G) The director, by order, may exempt any person 16,502
generating, collecting, storing, treating, disposing of, or 16,503
transporting solid wastes or hazardous waste, or processing solid 16,504
wastes that consist of scrap tires, in such quantities or under 16,505
such circumstances that, in the determination of the director, 16,506
are unlikely to adversely affect the public health or safety or 16,507
the environment from any requirement to obtain a registration 16,508
certificate, permit, or license or comply with the manifest 16,509
system or other requirements of this chapter. Such an exemption 16,510
shall be consistent with and equivalent to any regulations 16,511
adopted by the administrator of the United States environmental 16,512
protection agency under the "Resource Conservation and Recovery 16,513
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except 16,514
as otherwise provided in this chapter. 16,515
(H) No person shall engage in filling, grading, 16,517
excavating, building, drilling, or mining on land where a 16,518
hazardous waste facility, or a solid waste facility, was operated 16,519
without prior authorization from the director, who shall 16,520
establish the procedure for granting such authorization by rules 16,521
381
adopted in accordance with Chapter 119. of the Revised Code. 16,522
A public utility that has main or distribution lines above 16,524
or below the land surface located on an easement or right-of-way 16,525
across land where a solid waste facility was operated may engage 16,526
in any such activity within the easement or right-of-way without 16,527
prior authorization from the director for purposes of performing 16,528
emergency repair or emergency replacement of its lines; of the 16,529
poles, towers, foundations, or other structures supporting or 16,530
sustaining any such lines; or of the appurtenances to those 16,531
structures, necessary to restore or maintain existing public 16,532
utility service. A public utility may enter upon any such 16,533
easement or right-of-way without prior authorization from the 16,534
director for purposes of performing necessary or routine 16,535
maintenance of those portions of its existing lines; of the 16,536
existing poles, towers, foundations, or other structures 16,537
sustaining or supporting its lines; or of the appurtenances to 16,538
any such supporting or sustaining structure, located on or above 16,539
the land surface on any such easement or right-of-way. Within 16,540
twenty-four hours after commencing any such emergency repair, 16,541
replacement, or maintenance work, the public utility shall notify 16,543
the director or the director's authorized representative of those 16,544
activities and shall provide such information regarding those 16,545
activities as the director or the director's representative may 16,547
request. Upon completion of the emergency repair, replacement, 16,548
or maintenance activities, the public utility shall restore any 16,549
land of the solid waste facility disturbed by those activities to 16,550
the condition existing prior to the commencement of those 16,551
activities. 16,552
(I) No owner or operator of a hazardous waste facility, in 16,554
the operation of the facility, shall cause, permit, or allow the 16,555
emission therefrom of any particulate matter, dust, fumes, gas, 16,556
mist, smoke, vapor, or odorous substance that, in the opinion of 16,557
the director, unreasonably interferes with the comfortable 16,558
enjoyment of life or property by persons living or working in the 16,559
382
vicinity of the facility, or that is injurious to public health. 16,560
Any such action is hereby declared to be a public nuisance. 16,561
(J) Notwithstanding any other provision of this chapter, 16,563
in the event the director finds an imminent and substantial 16,564
danger to public health or safety or the environment that creates 16,565
an emergency situation requiring the immediate treatment, 16,566
storage, or disposal of hazardous waste, the director may issue a 16,567
temporary emergency permit to allow the treatment, storage, or 16,568
disposal of the hazardous waste at a facility that is not 16,569
otherwise authorized by a hazardous waste facility installation 16,570
and operation permit to treat, store, or dispose of the waste. 16,571
The emergency permit shall not exceed ninety days in duration and 16,572
shall not be renewed. The director shall adopt, and may amend, 16,573
suspend, or rescind, rules in accordance with Chapter 119. of the 16,574
Revised Code governing the issuance, modification, revocation, 16,575
and denial of emergency permits. 16,576
(K) No owner or operator of a sanitary landfill shall 16,578
knowingly accept for disposal, or dispose of, any infectious 16,579
wastes, other than those subject to division (A)(1)(c) of section 16,580
3734.021 of the Revised Code, that have not been treated to 16,581
render them noninfectious. For the purposes of this division, 16,582
certification by the owner or operator of the treatment facility 16,583
where the wastes were treated on the shipping paper required by 16,584
rules adopted under division (D)(2) of that section creates a 16,585
rebuttable presumption that the wastes have been so treated. 16,586
(L) The director, in accordance with Chapter 119. of the 16,588
Revised Code, shall adopt, and may amend, suspend, or rescind, 16,589
rules having uniform application throughout the state 16,590
establishing a training and certification program that shall be 16,591
required for employees of boards of health who are responsible 16,592
for enforcing the solid waste and infectious waste provisions of 16,593
this chapter and rules adopted under them and for persons who are 16,594
responsible for the operation of solid waste facilities or 16,595
infectious waste treatment facilities. The rules shall provide 16,596
383
all of the following, without limitation: 16,597
(1) The program shall be administered by the director and 16,599
shall consist of a course on new solid waste and infectious waste 16,600
technologies, enforcement procedures, and rules; 16,601
(2) The course shall be offered on an annual basis; 16,603
(3) Those persons who are required to take the course 16,605
under division (L) of this section shall do so triennially; 16,606
(4) Persons who successfully complete the course shall be 16,608
certified by the director; 16,609
(5) Certification shall be required for all employees of 16,611
boards of health who are responsible for enforcing the solid 16,612
waste or infectious waste provisions of this chapter and rules 16,613
adopted under them and for all persons who are responsible for 16,614
the operation of solid waste facilities or infectious waste 16,615
treatment facilities; 16,616
(6)(a) All employees of a board of health who, on the 16,618
effective date of the rules adopted under this division, are 16,619
responsible for enforcing the solid waste or infectious waste 16,620
provisions of this chapter and the rules adopted under them shall 16,621
complete the course and be certified by the director not later 16,622
than January 1, 1995; 16,623
(b) All employees of a board of health who, after the 16,625
effective date of the rules adopted under division (L) of this 16,627
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted 16,629
under them and who do not hold a current and valid certification 16,630
from the director at that time shall complete the course and be 16,631
certified by the director within two years after becoming 16,632
responsible for performing those activities. 16,633
No person shall fail to obtain the certification required 16,635
under this division. 16,636
(M) The director shall not issue a permit under section 16,638
3734.05 of the Revised Code to establish a solid waste facility, 16,639
or to modify a solid waste facility operating on December 21, 16,640
384
1988, in a manner that expands the disposal capacity or 16,641
geographic area covered by the facility, that is or is to be 16,642
located within the boundaries of a state park established or 16,643
dedicated under Chapter 1541. of the Revised Code, a state park 16,644
purchase area established under section 1541.02 of the Revised 16,645
Code, any unit of the national park system, or any property that 16,646
lies within the boundaries of a national park or recreation area, 16,647
but that has not been acquired or is not administered by the 16,648
secretary of the United States department of the interior, 16,649
located in this state, or any candidate area located in this 16,650
state and identified for potential inclusion in the national park 16,651
system in the edition of the "national park system plan" 16,652
submitted under paragraph (b) of section 8 of "The Act of August 16,653
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at 16,654
the time of filing of the application for the permit, unless the 16,655
facility or proposed facility is or is to be used exclusively for 16,656
the disposal of solid wastes generated within the park or 16,657
recreation area and the director determines that the facility or 16,658
proposed facility will not degrade any of the natural or cultural 16,659
resources of the park or recreation area. The director shall not 16,660
issue a variance under division (A) of this section and rules 16,661
adopted under it, or issue an exemption order under division (G) 16,662
of this section, that would authorize any such establishment or 16,663
expansion of a solid waste facility within the boundaries of any 16,664
such park or recreation area, state park purchase area, or 16,665
candidate area, other than a solid waste facility exclusively for 16,666
the disposal of solid wastes generated within the park or 16,667
recreation area when the director determines that the facility 16,668
will not degrade any of the natural or cultural resources of the 16,669
park or recreation area. 16,670
(N)(1) The rules adopted under division (A) of this 16,672
section, other than those governing variances, do not apply to 16,673
scrap tire collection, storage, monocell, monofill, and recovery 16,674
facilities. Those facilities are subject to and governed by 16,675
385
rules adopted under sections 3734.70 to 3734.73 of the Revised 16,676
Code, as applicable. 16,677
(2) Division (C) of this section does not apply to scrap 16,679
tire collection, storage, monocell, monofill, and recovery 16,680
facilities. The establishment and modification of those 16,681
facilities are subject to sections 3734.75 to 3734.78 and section 16,682
3734.81 of the Revised Code, as applicable. 16,683
(3) THE DIRECTOR MAY ADOPT, AMEND, SUSPEND, OR RESCIND 16,685
RULES UNDER DIVISION (A) OF THIS SECTION CREATING AN ALTERNATIVE 16,687
SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, OR 16,688
MODIFICATION OF A SOLID WASTE COMPOST FACILITY IN LIEU OF THE 16,689
REQUIREMENT THAT A PERSON SEEKING TO ESTABLISH, OPERATE, OR 16,690
MODIFY A SOLID WASTE COMPOST FACILITY APPLY FOR AND RECEIVE A 16,691
PERMIT UNDER DIVISION (C) OF THIS SECTION AND SECTION 3734.05 OF 16,692
THE REVISED CODE AND A LICENSE UNDER DIVISION (A)(1) OF THAT 16,694
SECTION. THE RULES MAY INCLUDE REQUIREMENTS GOVERNING, WITHOUT 16,695
LIMITATION, THE CLASSIFICATION OF SOLID WASTE COMPOST FACILITIES, 16,697
THE SUBMITTAL OF OPERATING RECORDS FOR SOLID WASTE COMPOST 16,698
FACILITIES, AND THE CREATION OF A REGISTRATION OR NOTIFICATION 16,699
SYSTEM IN LIEU OF THE ISSUANCE OF PERMITS AND LICENSES FOR SOLID 16,700
WASTE COMPOST FACILITIES. THE RULES SHALL SPECIFY THE 16,701
APPLICABILITY OF DIVISIONS (A)(1), (2)(a), (3), AND (4) OF 16,703
SECTION 3734.05 OF THE REVISED CODE TO A SOLID WASTE COMPOST 16,704
FACILITY.
Sec. 3734.05. (A)(1) Except as provided in divisions 16,713
(A)(4), (8), and (9) of this section, no person shall operate or 16,715
maintain a solid waste facility without a license issued under
this division by the board of health of the health district in 16,716
which the facility is located or by the director of environmental 16,717
protection when the health district in which the facility is 16,718
located is not on the approved list under section 3734.08 of the 16,719
Revised Code. 16,720
During the month of December, but before the first day of 16,722
January of the next year, every person proposing to continue to 16,723
386
operate an existing solid waste facility shall procure a license 16,724
under this division to operate the facility for that year from 16,725
the board of health of the health district in which the facility 16,726
is located or, if the health district is not on the approved list 16,727
under section 3734.08 of the Revised Code, from the director. 16,728
The application for such a license shall be submitted to the 16,729
board of health or to the director, as appropriate, on or before 16,730
the last day of September of the year preceding that for which 16,731
the license is sought. In addition to the application fee 16,732
prescribed in division (A)(2) of this section, a person who 16,733
submits an application after that date shall pay an additional 16,734
ten per cent of the amount of the application fee for each week 16,735
that the application is late. Late payment fees accompanying an 16,736
application submitted to the board of health shall be credited to 16,737
the special fund of the health district created in division (B) 16,738
of section 3734.06 of the Revised Code, and late payment fees 16,739
accompanying an application submitted to the director shall be 16,740
credited to the general revenue fund. A person who has received 16,741
a license, upon sale or disposition of a solid waste facility, 16,742
and upon consent of the board of health and the director, may 16,743
have the license transferred to another person. The board of 16,744
health or the director may include such terms and conditions in a 16,745
license or revision to a license as are appropriate to ensure 16,746
compliance with this chapter and rules adopted under it. The 16,747
terms and conditions may establish the authorized maximum daily 16,748
waste receipts for the facility. Limitations on maximum daily 16,749
waste receipts shall be specified in cubic yards of volume for 16,750
the purpose of regulating the design, construction, and operation 16,751
of solid waste facilities. Terms and conditions included in a 16,752
license or revision to a license by a board of health shall be 16,753
consistent with, and pertain only to the subjects addressed in, 16,754
the rules adopted under division (A) of section 3734.02 and 16,755
division (D) of section 3734.12 of the Revised Code. 16,756
(2)(a) Except as provided in divisions (A)(2)(b), (8), and 16,758
387
(9) of this section, each person proposing to open a new solid 16,760
waste facility or to modify an existing solid waste facility 16,761
shall submit an application for a permit with accompanying detail 16,762
plans and specifications to the environmental protection agency 16,763
for required approval under the rules adopted by the director 16,764
pursuant to division (A) of section 3734.02 of the Revised Code 16,765
and applicable rules adopted under division (D) of section 16,766
3734.12 of the Revised Code at least two hundred seventy days 16,767
before proposed operation of the facility and shall concurrently 16,768
make application for the issuance of a license under division 16,769
(A)(1) of this section with the board of health of the health 16,770
district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted 16,772
under division (A) of section 3734.02 of the Revised Code and 16,773
division (D) of section 3734.12 of the Revised Code governing 16,774
solid waste transfer facilities, each person proposing to open a 16,775
new solid waste transfer facility or to modify an existing solid 16,776
waste transfer facility shall submit an application for a permit 16,777
with accompanying engineering detail plans, specifications, and 16,778
information regarding the facility and its method of operation to 16,779
the environmental protection agency for required approval under 16,780
those rules at least two hundred seventy days before commencing 16,781
proposed operation of the facility and concurrently shall make 16,782
application for the issuance of a license under division (A)(1) 16,783
of this section with the board of health of the health district 16,784
in which the facility is located or proposed. 16,785
(c) Each application for a permit under division (A)(2)(a) 16,787
or (b) of this section shall be accompanied by a nonrefundable 16,788
application fee of four hundred dollars that shall be credited to 16,789
the general revenue fund. Each application for an annual license 16,790
under division (A)(1) or (2) of this section shall be accompanied 16,791
by a nonrefundable application fee of one hundred dollars. If 16,792
the application for an annual license is submitted to a board of 16,793
health on the approved list under section 3734.08 of the Revised 16,794
388
Code, the application fee shall be credited to the special fund 16,795
of the health district created in division (B) of section 3734.06 16,796
of the Revised Code. If the application for an annual license is 16,797
submitted to the director, the application fee shall be credited 16,798
to the general revenue fund. If a permit or license is issued, 16,799
the amount of the application fee paid shall be deducted from the 16,800
amount of the permit fee due under division (Q) of section 16,802
3745.11 of the Revised Code or the amount of the license fee due 16,803
under division (A)(1), (2), (3), or (4) of section 3734.06 of the 16,804
Revised Code. 16,805
(d) As used in divisions (A)(2)(d), (e), and (f) of this 16,807
section, "modify" means any of the following: 16,808
(i) Any increase of more than ten per cent in the total 16,810
capacity of a solid waste facility; 16,811
(ii) Any expansion of the limits of solid waste placement 16,813
at a solid waste facility; 16,814
(iii) Any increase in the depth of excavation at a solid 16,816
waste facility; 16,817
(iv) Any change in the technique of waste receipt or type 16,819
of waste received at a solid waste facility that may endanger 16,820
human health, as determined by the director by rules adopted in 16,821
accordance with Chapter 119. of the Revised Code. 16,822
Not later than thirty-five days after submitting an 16,824
application under division (A)(2)(a) or (b) of this section for a 16,825
permit to open a new or modify an existing solid waste facility, 16,826
the applicant, in conjunction with an officer or employee of the 16,827
environmental protection agency, shall hold a public meeting on 16,828
the application within the county in which the new or modified 16,829
solid waste facility is or is proposed to be located or within a 16,830
contiguous county. Not less than thirty days before holding the 16,831
public meeting on the application, the applicant shall publish 16,832
notice of the meeting in each newspaper of general circulation 16,833
that is published in the county in which the facility is or is 16,834
proposed to be located. If no newspaper of general circulation 16,835
389
is published in the county, the applicant shall publish the 16,836
notice in a newspaper of general circulation in the county. The 16,837
notice shall contain the date, time, and location of the public 16,838
meeting and a general description of the proposed new or modified 16,839
facility. Not later than five days after publishing the notice, 16,840
the applicant shall send by certified mail a copy of the notice 16,841
and the date the notice was published to the director and the 16,842
legislative authority of each municipal corporation, township, 16,843
and county, and to the chief executive officer of each municipal 16,844
corporation, in which the facility is or is proposed to be 16,845
located. At the public meeting, the applicant shall provide 16,846
information and describe the application and respond to comments 16,847
or questions concerning the application, and the officer or 16,848
employee of the agency shall describe the permit application 16,849
process. At the public meeting, any person may submit written or 16,850
oral comments on or objections to the application. Not more than 16,851
thirty days after the public meeting, the applicant shall provide 16,852
the director with a copy of a transcript of the full meeting, 16,853
copies of any exhibits, displays, or other materials presented by 16,854
the applicant at the meeting, and the original copy of any 16,855
written comments submitted at the meeting. 16,856
(e) Except as provided in division (A)(2)(f) of this 16,858
section, prior to taking an action, other than a proposed or 16,859
final denial, upon an application submitted under division 16,860
(A)(2)(a) of this section for a permit to open a new or modify an 16,861
existing solid waste facility, the director shall hold a public 16,862
information session and a public hearing on the application 16,863
within the county in which the new or modified solid waste 16,864
facility is or is proposed to be located or within a contiguous 16,865
county. If the application is for a permit to open a new solid 16,866
waste facility, the director shall hold the hearing not less than 16,867
fourteen days after the information session. If the application 16,868
is for a permit to modify an existing solid waste facility, the 16,869
director may hold both the information session and the hearing on 16,870
390
the same day unless any individual affected by the application 16,871
requests in writing that the information session and the hearing 16,872
not be held on the same day, in which case the director shall 16,873
hold the hearing not less than fourteen days after the 16,874
information session. The director shall publish notice of the 16,875
public information session or public hearing not less than thirty 16,876
days before holding the information session or hearing, as 16,877
applicable. The notice shall be published in each newspaper of 16,878
general circulation that is published in the county in which the 16,879
facility is or is proposed to be located. If no newspaper of 16,880
general circulation is published in the county, the director 16,881
shall publish the notice in a newspaper of general circulation in 16,882
the county. The notice shall contain the date, time, and 16,883
location of the information session or hearing, as applicable, 16,884
and a general description of the proposed new or modified 16,885
facility. At the public information session, an officer or 16,886
employee of the environmental protection agency shall describe 16,887
the status of the permit application and be available to respond 16,888
to comments or questions concerning the application. At the 16,889
public hearing, any person may submit written or oral comments on 16,890
or objections to the approval of the application. The applicant, 16,891
or a representative of the applicant who has knowledge of the 16,892
location, construction, and operation of the facility, shall 16,893
attend the information session and public hearing to respond to 16,894
comments or questions concerning the facility directed to the 16,895
applicant or representative by the officer or employee of the 16,897
environmental protection agency presiding at the information 16,898
session and hearing.
(f) The solid waste management policy committee of a 16,900
county or joint solid waste management district may adopt a 16,901
resolution requesting expeditious consideration of a specific 16,902
application submitted under division (A)(2)(a) of this section 16,903
for a permit to modify an existing solid waste facility within 16,904
the district. The resolution shall make the finding that 16,905
391
expedited consideration of the application without the public 16,906
information session and public hearing under division (A)(2)(e) 16,907
of this section is in the public interest and will not endanger 16,908
human health, as determined by the director by rules adopted in 16,909
accordance with Chapter 119. of the Revised Code. Upon receiving 16,910
such a resolution, the director, at the director's discretion, 16,912
may issue a final action upon the application without holding a 16,913
public information session or public hearing pursuant to division 16,914
(A)(2)(e) of this section. 16,915
(3) Except as provided in division (A)(10) of this 16,917
section, and unless the owner or operator of any solid waste 16,918
facility, other than a solid waste transfer facility or a compost 16,919
facility that accepts exclusively source separated yard wastes, 16,920
that commenced operation on or before July 1, 1968, has obtained 16,921
an exemption from the requirements of division (A)(3) of this 16,922
section in accordance with division (G) of section 3734.02 of the 16,923
Revised Code, the owner or operator shall submit to the director 16,925
an application for a permit with accompanying engineering detail 16,926
plans, specifications, and information regarding the facility and 16,927
its method of operation for approval under rules adopted under 16,928
division (A) of section 3734.02 of the Revised Code and 16,929
applicable rules adopted under division (D) of section 3734.12 of 16,930
the Revised Code in accordance with the following schedule: 16,931
(a) Not later than September 24, 1988, if the facility is 16,933
located in the city of Garfield Heights or Parma in Cuyahoga 16,934
county; 16,935
(b) Not later than December 24, 1988, if the facility is 16,937
located in Delaware, Greene, Guernsey, Hamilton, Madison, 16,938
Mahoning, Ottawa, or Vinton county; 16,939
(c) Not later than March 24, 1989, if the facility is 16,941
located in Champaign, Clinton, Columbiana, Huron, Paulding, 16,942
Stark, or Washington county, or is located in the city of 16,943
Brooklyn or Cuyahoga Heights in Cuyahoga county; 16,944
(d) Not later than June 24, 1989, if the facility is 16,946
392
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 16,947
Lucas, or Summit county or is located in Cuyahoga county outside 16,948
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga 16,949
Heights; 16,950
(e) Not later than September 24, 1989, if the facility is 16,952
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 16,953
county; 16,954
(f) Not later than December 24, 1989, if the facility is 16,956
located in a county not listed in divisions (A)(3)(a) to (e) of 16,957
this section; 16,958
(g) Notwithstanding divisions (A)(3)(a) to (f) of this 16,960
section, not later than December 31, 1990, if the facility is a 16,961
solid waste facility owned by a generator of solid wastes when 16,962
the solid waste facility exclusively disposes of solid wastes 16,963
generated at one or more premises owned by the generator 16,964
regardless of whether the facility is located on a premises where 16,965
the wastes are generated and if the facility disposes of more 16,966
than one hundred thousand tons of solid wastes per year, provided 16,967
that any such facility shall be subject to division (A)(5) of 16,968
this section. 16,969
(4) Except as provided in divisions (A)(8), (9), and (10) 16,971
of this section, unless the owner or operator of any solid waste 16,973
facility for which a permit was issued after July 1, 1968, but 16,974
before January 1, 1980, has obtained an exemption from the 16,975
requirements of division (A)(4) of this section under division 16,976
(G) of section 3734.02 of the Revised Code, the owner or operator 16,978
shall submit to the director an application for a permit with 16,979
accompanying engineering detail plans, specifications, and 16,980
information regarding the facility and its method of operation 16,981
for approval under those rules. 16,982
(5) The director may issue an order in accordance with 16,984
Chapter 3745. of the Revised Code to the owner or operator of a 16,985
solid waste facility requiring the person to submit to the 16,986
director updated engineering detail plans, specifications, and 16,987
393
information regarding the facility and its method of operation 16,988
for approval under rules adopted under division (A) of section 16,989
3734.02 of the Revised Code and applicable rules adopted under 16,990
division (D) of section 3734.12 of the Revised Code if, in the 16,991
director's judgment, conditions at the facility constitute a 16,992
substantial threat to public health or safety or are causing or 16,993
contributing to or threatening to cause or contribute to air or 16,994
water pollution or soil contamination. Any person who receives 16,995
such an order shall submit the updated engineering detail plans, 16,996
specifications, and information to the director within one 16,997
hundred eighty days after the effective date of the order. 16,998
(6) The director shall act upon an application submitted 17,000
under division (A)(3) or (4) of this section and any updated 17,001
engineering plans, specifications, and information submitted 17,002
under division (A)(5) of this section within one hundred eighty 17,003
days after receiving them. If the director denies any such 17,004
permit application, the order denying the application or 17,006
disapproving the plans shall include the requirements that the 17,007
owner or operator submit a plan for closure and post-closure care 17,008
of the facility to the director for approval within six months 17,009
after issuance of the order, cease accepting solid wastes for 17,010
disposal or transfer at the facility, and commence closure of the 17,011
facility not later than one year after issuance of the order. If 17,012
the director determines that closure of the facility within that 17,013
one-year period would result in the unavailability of sufficient 17,014
solid waste management facility capacity within the county or 17,015
joint solid waste management district in which the facility is 17,016
located to dispose of or transfer the solid waste generated 17,017
within the district, the director in the order of denial or 17,019
disapproval may postpone commencement of closure of the facility 17,020
for such period of time as the director finds necessary for the 17,021
board of county commissioners or directors of the district to 17,023
secure access to or for there to be constructed within the 17,024
district sufficient solid waste management facility capacity to 17,025
394
meet the needs of the district, provided that the director shall 17,026
certify in the director's order that postponing the date for 17,027
commencement of closure will not endanger ground water or any 17,028
property surrounding the facility, allow methane gas migration to 17,029
occur, or cause or contribute to any other type of environmental 17,030
damage.
If an emergency need for disposal capacity that may affect 17,032
public health and safety exists as a result of closure of a 17,033
facility under division (A)(6) of this section, the director may 17,034
issue an order designating another solid waste facility to accept 17,035
the wastes that would have been disposed of at the facility to be 17,036
closed. 17,037
(7) If the director determines that standards more 17,039
stringent than those applicable in rules adopted under division 17,040
(A) of section 3734.02 of the Revised Code and division (D) of 17,041
section 3734.12 of the Revised Code, or standards pertaining to 17,042
subjects not specifically addressed by those rules, are necessary 17,043
to ensure that a solid waste facility constructed at the proposed 17,044
location will not cause a nuisance, cause or contribute to water 17,045
pollution, or endanger public health or safety, the director may 17,047
issue a permit for the facility with such terms and conditions as 17,048
the director finds necessary to protect public health and safety 17,049
and the environment. If a permit is issued, the director shall 17,051
state in the order issuing it the specific findings supporting 17,052
each such term or condition. 17,053
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section 17,055
do not apply to a solid waste compost facility that accepts 17,056
exclusively source separated yard wastes and that is registered 17,057
under division (C) of section 3734.02 of the Revised Code OR, 17,059
UNLESS OTHERWISE PROVIDED IN RULES ADOPTED UNDER DIVISION (N)(3) 17,060
OF SECTION 3734.02 OF THE REVISED CODE, TO A SOLID WASTE COMPOST 17,061
FACILITY IF THE DIRECTOR HAS ADOPTED RULES ESTABLISHING AN 17,062
ALTERNATIVE SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, 17,063
OR MODIFICATION OF A SOLID WASTE COMPOST FACILITY UNDER THAT 17,064
395
DIVISION. 17,065
(9) Divisions (A)(1) to (7) of this section do not apply 17,067
to scrap tire collection, storage, monocell, monofill, and 17,068
recovery facilities. The approval of plans and specifications, 17,069
as applicable, and the issuance of registration certificates, 17,070
permits, and licenses for those facilities are subject to 17,071
sections 3734.75 to 3734.78 of the Revised Code, as applicable, 17,072
and section 3734.81 of the Revised Code. 17,073
(10) Divisions (A)(3) and (4) of this section do not apply 17,075
to a solid waste incinerator that was placed into operation on or 17,077
before October 12, 1994, and that is not authorized to accept and 17,078
treat infectious wastes pursuant to division (B) of this section. 17,080
(B)(1) Each person who is engaged in the business of 17,082
treating infectious wastes for profit at a treatment facility 17,083
located off the premises where the wastes are generated that is 17,084
in operation on August 10, 1988, and who proposes to continue 17,085
operating the facility shall submit to the board of health of the 17,086
health district in which the facility is located an application 17,087
for a license to operate the facility. 17,088
Thereafter, no person shall operate or maintain an 17,090
infectious waste treatment facility without a license issued by 17,091
the board of health of the health district in which the facility 17,092
is located or by the director when the health district in which 17,094
the facility is located is not on the approved list under section 17,095
3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first 17,097
day of January of the next year, every person proposing to 17,098
continue to operate an existing infectious waste treatment 17,099
facility shall procure a license to operate the facility for that 17,100
year from the board of health of the health district in which the 17,101
facility is located or, if the health district is not on the 17,102
approved list under section 3734.08 of the Revised Code, from the 17,103
director. The application for such a license shall be submitted 17,104
to the board of health or to the director, as appropriate, on or 17,105
396
before the last day of September of the year preceding that for 17,106
which the license is sought. In addition to the application fee 17,107
prescribed in division (B)(2)(c) of this section, a person who 17,108
submits an application after that date shall pay an additional 17,109
ten per cent of the amount of the application fee for each week 17,110
that the application is late. Late payment fees accompanying an 17,111
application submitted to the board of health shall be credited to 17,112
the special infectious waste fund of the health district created 17,113
in division (C) of section 3734.06 of the Revised Code, and late 17,114
payment fees accompanying an application submitted to the 17,115
director shall be credited to the general revenue fund. A person 17,116
who has received a license, upon sale or disposition of an 17,117
infectious waste treatment facility and upon consent of the board 17,118
of health and the director, may have the license transferred to 17,119
another person. The board of health or the director may include 17,120
such terms and conditions in a license or revision to a license 17,121
as are appropriate to ensure compliance with the infectious waste 17,122
provisions of this chapter and rules adopted under them. 17,123
(b) Each person proposing to open a new infectious waste 17,125
treatment facility or to modify an existing infectious waste 17,126
treatment facility shall submit an application for a permit with 17,127
accompanying detail plans and specifications to the environmental 17,128
protection agency for required approval under the rules adopted 17,129
by the director pursuant to section 3734.021 of the Revised Code 17,130
two hundred seventy days before proposed operation of the 17,131
facility and concurrently shall make application for a license 17,132
with the board of health of the health district in which the 17,133
facility is or is proposed to be located. Not later than ninety 17,134
days after receiving a completed application under division 17,135
(B)(2)(b) of this section for a permit to open a new infectious 17,136
waste treatment facility or modify an existing infectious waste 17,137
treatment facility to expand its treatment capacity, or receiving 17,138
a completed application under division (A)(2)(a) of this section 17,139
for a permit to open a new solid waste incineration facility, or 17,140
397
modify an existing solid waste incineration facility to also 17,141
treat infectious wastes or to increase its infectious waste 17,142
treatment capacity, that pertains to a facility for which a 17,143
notation authorizing infectious waste treatment is included or 17,144
proposed to be included in the solid waste incineration 17,145
facility's license pursuant to division (B)(3) of this section, 17,146
the director shall hold a public hearing on the application 17,147
within the county in which the new or modified infectious waste 17,148
or solid waste facility is or is proposed to be located or within 17,149
a contiguous county. Not less than thirty days before holding 17,150
the public hearing on the application, the director shall publish 17,151
notice of the hearing in each newspaper that has general 17,152
circulation and that is published in the county in which the 17,153
facility is or is proposed to be located. If there is no 17,154
newspaper that has general circulation and that is published in 17,155
the county, the director shall publish the notice in a newspaper 17,156
of general circulation in the county. The notice shall contain 17,157
the date, time, and location of the public hearing and a general 17,158
description of the proposed new or modified facility. At the 17,159
public hearing, any person may submit written or oral comments on 17,160
or objections to the approval or disapproval of the application. 17,161
The applicant, or a representative of the applicant who has 17,162
knowledge of the location, construction, and operation of the 17,163
facility, shall attend the public hearing to respond to comments 17,164
or questions concerning the facility directed to the applicant or 17,166
representative by the officer or employee of the environmental 17,167
protection agency presiding at the hearing. 17,168
(c) Each application for a permit under division (B)(2)(b) 17,170
of this section shall be accompanied by a nonrefundable 17,171
application fee of four hundred dollars that shall be credited to 17,172
the general revenue fund. Each application for an annual license 17,173
under division (B)(2)(a) of this section shall be accompanied by 17,174
a nonrefundable application fee of one hundred dollars. If the 17,175
application for an annual license is submitted to a board of 17,176
398
health on the approved list under section 3734.08 of the Revised 17,177
Code, the application fee shall be credited to the special 17,178
infectious waste fund of the health district created in division 17,179
(C) of section 3734.06 of the Revised Code. If the application 17,180
for an annual license is submitted to the director, the 17,181
application fee shall be credited to the general revenue fund. 17,182
If a permit or license is issued, the amount of the application 17,184
fee paid shall be deducted from the amount of the permit fee due 17,185
under division (Q) of section 3745.11 of the Revised Code or the 17,188
amount of the license fee due under division (C) of section 17,189
3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste 17,191
treatment facility that commenced operation on or before July 1, 17,192
1968, shall submit to the director an application for a permit 17,193
with accompanying engineering detail plans, specifications, and 17,194
information regarding the facility and its method of operation 17,195
for approval under rules adopted under section 3734.021 of the 17,196
Revised Code in accordance with the following schedule: 17,197
(i) Not later than December 24, 1988, if the facility is 17,199
located in Delaware, Greene, Guernsey, Hamilton, Madison, 17,200
Mahoning, Ottawa, or Vinton county; 17,201
(ii) Not later than March 24, 1989, if the facility is 17,203
located in Champaign, Clinton, Columbiana, Huron, Paulding, 17,204
Stark, or Washington county, or is located in the city of 17,205
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; 17,206
(iii) Not later than June 24, 1989, if the facility is 17,208
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 17,209
Lucas, or Summit county or is located in Cuyahoga county outside 17,210
the cities of Brooklyn, Cuyahoga Heights, and Parma; 17,211
(iv) Not later than September 24, 1989, if the facility is 17,213
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 17,214
county; 17,215
(v) Not later than December 24, 1989, if the facility is 17,217
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 17,218
399
of this section. 17,219
The owner or operator of an infectious waste treatment 17,221
facility required to submit a permit application under division 17,222
(B)(2)(d) of this section is not required to pay any permit 17,223
application fee under division (B)(2)(c) of this section, or 17,224
permit fee under division (Q) of section 3745.11 of the Revised 17,227
Code, with respect thereto unless the owner or operator also 17,228
proposes to modify the facility.
(e) The director may issue an order in accordance with 17,230
Chapter 3745. of the Revised Code to the owner or operator of an 17,231
infectious waste treatment facility requiring the person to 17,232
submit to the director updated engineering detail plans, 17,233
specifications, and information regarding the facility and its 17,234
method of operation for approval under rules adopted under 17,235
section 3734.021 of the Revised Code if, in the director's 17,236
judgment, conditions at the facility constitute a substantial 17,237
threat to public health or safety or are causing or contributing 17,238
to or threatening to cause or contribute to air or water 17,239
pollution or soil contamination. Any person who receives such an 17,240
order shall submit the updated engineering detail plans, 17,241
specifications, and information to the director within one 17,242
hundred eighty days after the effective date of the order. 17,243
(f) The director shall act upon an application submitted 17,245
under division (B)(2)(d) of this section and any updated 17,246
engineering plans, specifications, and information submitted 17,247
under division (B)(2)(e) of this section within one hundred 17,248
eighty days after receiving them. If the director denies any 17,249
such permit application or disapproves any such updated 17,250
engineering plans, specifications, and information, the director 17,252
shall include in the order denying the application or 17,253
disapproving the plans the requirement that the owner or operator 17,254
cease accepting infectious wastes for treatment at the facility. 17,255
(3) Division (B) of this section does not apply to an 17,257
infectious waste treatment facility that meets any of the 17,258
400
following conditions: 17,259
(a) Is owned or operated by the generator of the wastes 17,261
and exclusively treats, by methods, techniques, and practices 17,262
established by rules adopted under division (C)(1) or (3) of 17,263
section 3734.021 of the Revised Code, wastes that are generated 17,264
at any premises owned or operated by that generator regardless of 17,265
whether the wastes are generated on the same premises where the 17,266
generator's treatment facility is located or, if the generator is 17,267
a hospital as defined in section 3727.01 of the Revised Code, 17,268
infectious wastes that are described in division (A)(1)(g), (h), 17,269
or (i) of section 3734.021 of the Revised Code; 17,270
(b) Holds a license or renewal of a license to operate a 17,272
crematory facility issued under Chapter 4717. and a permit issued 17,274
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, 17,276
or the blood of animals, and is subject to any of the following: 17,277
(i) Inspection under the "Federal Meat Inspection Act," 81 17,279
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 17,280
(ii) Chapter 918. of the Revised Code; 17,282
(iii) Chapter 953. of the Revised Code. 17,284
Nothing in division (B) of this section requires a facility 17,286
that holds a license issued under division (A) of this section as 17,287
a solid waste facility and that also treats infectious wastes by 17,288
the same method, technique, or process to obtain a license under 17,289
division (B) of this section as an infectious waste treatment 17,290
facility. However, the solid waste facility license for the 17,291
facility shall include the notation that the facility also treats 17,292
infectious wastes. 17,293
On and after the effective date of the amendments to the 17,295
rules adopted under division (C)(2) of section 3734.021 of the 17,296
Revised Code that are required by Section 6 of Substitute House 17,297
Bill No. 98 of the 120th General Assembly, the director shall not 17,299
issue a permit to open a new solid waste incineration facility 17,300
unless the proposed facility complies with the requirements for 17,301
401
the location of new infectious waste incineration facilities 17,302
established in the required amendments to those rules. 17,303
(C) Except for a facility or activity described in 17,305
division (E)(3) of section 3734.02 of the Revised Code, a person 17,307
who proposes to establish or operate a hazardous waste facility 17,308
shall submit an application for a hazardous waste facility 17,310
installation and operation permit and accompanying detail plans, 17,311
specifications, and such information as the director may require 17,312
to the environmental protection agency, except as provided in 17,313
division (E)(2) of this section, at least one hundred eighty days 17,314
before the proposed beginning of operation of the facility. The 17,315
applicant shall notify by certified mail the legislative 17,316
authority of each municipal corporation, township, and county in 17,317
which the facility is proposed to be located of the submission of 17,318
the application within ten days after the submission or at such 17,319
earlier time as the director may establish by rule. If the 17,320
application is for a proposed new hazardous waste disposal or 17,321
thermal treatment facility, the applicant also shall give actual 17,322
notice of the general design and purpose of the facility to the 17,323
legislative authority of each municipal corporation, township, 17,324
and county in which the facility is proposed to be located at 17,326
least ninety days before the permit application is submitted to 17,327
the environmental protection agency.
(D)(1) There is hereby created the hazardous waste 17,329
facility board, composed of the director of environmental 17,330
protection who shall serve as chairperson, the director of 17,331
natural resources, and the chairperson of the Ohio water 17,333
development authority, or their respective designees, and one 17,334
chemical engineer and one geologist who each shall be employed by 17,335
a state university as defined in section 3345.011 of the Revised 17,336
Code. The chemical engineer and geologist each shall be 17,337
appointed by the governor, with the advice and consent of the 17,338
senate, for a term of two years. The chemical engineer and 17,339
geologist each shall receive as compensation five thousand 17,340
402
dollars per year, plus expenses necessarily incurred in the 17,342
performance of their duties.
The board shall not issue any final order without the 17,344
consent of at least three members. 17,345
(2) The hazardous waste facility board shall do both of 17,348
the following: 17,349
(a) Pursuant to Chapter 119. of the Revised Code, adopt 17,351
rules governing procedure to be followed in hearings before the 17,353
board; 17,354
(b) Except as provided in section 3734.123 of the Revised 17,356
Code, approve or disapprove applications for a hazardous waste 17,357
facility installation and operation permit for new facilities and 17,358
applications for modifications to existing permits for which the 17,359
board has jurisdiction as provided in division (I)(3) of this 17,360
section.
(3) Except as provided in section 3734.123 of the Revised 17,362
Code, upon receipt of the completed application for a hazardous 17,363
waste facility installation and operation permit and a 17,364
preliminary determination by the staff of the environmental 17,365
protection agency that the application appears to comply with 17,366
agency rules and to meet the performance standards set forth in 17,367
divisions (D), (I), and (J) of section 3734.12 of the Revised 17,368
Code, the director shall transmit the application to the board, 17,371
which shall do all of the following: 17,372
(a) Promptly fix a date for a public hearing on the 17,374
application, not fewer than sixty nor more than ninety days after 17,375
receipt of the completed application. At the public hearing, any 17,376
person may submit written or oral comments or objections to the 17,377
approval or disapproval of the application. A representative of 17,378
the applicant who has knowledge of the location, construction, 17,379
operation, closure, and post-closure care, if applicable, of the 17,380
facility shall attend the public hearing in order to respond to 17,381
comments or questions concerning the facility directed to the 17,382
representative by the presiding officer. 17,383
403
(b) Give public notice of the date of the public hearing 17,385
and a summary of the application in a newspaper having general 17,386
circulation in the county in which the facility is proposed to be 17,387
located. The notice shall contain, at a minimum, the date, time, 17,388
and location of the public hearing and shall include the location 17,390
and street address of, or the nearest intersection to, the 17,391
proposed facility, a description of the proposed facility, and 17,392
the location where copies of the application, a short statement 17,393
by the applicant of the anticipated environmental impact of the 17,394
facility, and a map of the facility are available for inspection. 17,395
(c) Promptly fix a date for an adjudication hearing, not 17,397
fewer than ninety nor more than one hundred twenty days after 17,398
receipt of the completed application, at which hearing the board 17,399
shall hear and decide all disputed issues between the parties 17,400
respecting the approval or disapproval of the application. 17,401
(4) The parties to any adjudication hearing before the 17,403
board upon a completed application shall be the following: 17,404
(a) The applicant; 17,406
(b) The staff of the environmental protection agency; 17,408
(c) The board of county commissioners of the county, the 17,410
board of township trustees of the township, and the chief 17,411
executive officer of the municipal corporation in which the 17,412
facility is proposed to be located; 17,413
(d) Any other person who would be aggrieved or adversely 17,415
affected by the proposed facility and who files a petition to 17,416
intervene in the adjudication hearing not later than thirty days 17,417
after the date of publication of the notice required in division 17,418
(D)(3)(b) of this section if the petition is granted by the board 17,420
for good cause shown. The board may allow intervention by other 17,421
aggrieved or adversely affected persons up to fifteen days prior 17,422
to the date of the adjudication hearing for good cause shown when 17,423
the intervention would not be unduly burdensome to or cause a 17,424
delay in the permitting process.
(5) The hazardous waste facility board shall conduct any 17,426
404
adjudication hearing upon disputed issues in accordance with 17,427
Chapter 119. of the Revised Code and the rules of the board 17,428
governing the procedure of such hearings. Each party may call 17,429
and examine witnesses and submit other evidence respecting the 17,430
disputed issues presented by an application. A written record 17,431
shall be made of the hearing and of all testimony and evidence 17,432
submitted to the board. 17,433
(6) The board shall not approve an application for a 17,435
hazardous waste facility installation and operation permit unless 17,436
it finds and determines as follows: 17,437
(a) The nature and volume of the waste to be treated, 17,439
stored, or disposed of at the facility; 17,440
(b) That the facility complies with the director's 17,442
hazardous waste standards adopted pursuant to section 3734.12 of 17,443
the Revised Code; 17,444
(c) That the facility represents the minimum adverse 17,446
environmental impact, considering the state of available 17,447
technology and the nature and economics of various alternatives, 17,448
and other pertinent considerations; 17,449
(d) That the facility represents the minimum risk of all 17,451
of the following: 17,452
(i) Contamination of ground and surface waters; 17,454
(ii) Fires or explosions from treatment, storage, or 17,456
disposal methods; 17,457
(iii) Accident during transportation of hazardous waste to 17,459
or from the facility; 17,460
(iv) Impact on the public health and safety; 17,462
(v) Air pollution; 17,464
(vi) Soil contamination. 17,466
(e) That the facility will comply with Chapters 3704., 17,468
3734., and 6111. of the Revised Code and all rules and standards 17,469
adopted under those chapters; 17,470
(f) That if the owner of the facility, the operator of the 17,472
facility, or any other person in a position with the facility 17,473
405
from which the person may influence the installation and 17,474
operation of the facility has been involved in any prior activity 17,476
involving transportation, treatment, storage, or disposal of 17,477
hazardous waste, that person has a history of compliance with 17,478
Chapters 3704., 3734., and 6111. of the Revised Code and all 17,479
rules and standards adopted under those chapters, the "Resource 17,480
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 17,481
U.S.C.A. 6921, as amended, and all regulations adopted under it, 17,482
and similar laws and rules of other states if any such prior 17,483
operation was located in another state that demonstrates 17,484
sufficient reliability, expertise, and competency to operate a 17,485
hazardous waste facility under the applicable provisions of 17,486
Chapters 3704., 3734., and 6111. of the Revised Code, the 17,487
applicable rules and standards adopted under those chapters, and 17,488
terms and conditions of a hazardous waste facility installation 17,489
and operation permit, given the potential for harm to the public 17,490
health and safety and the environment that could result from the 17,491
irresponsible operation of the facility; 17,492
(g) That the active areas within a new hazardous waste 17,494
facility where acute hazardous waste as listed in 40 C.F.R. 17,495
261.33 (e), as amended, or organic waste that is toxic and is 17,496
listed under 40 C.F.R. 261, as amended, is being stored, treated, 17,497
or disposed of and where the aggregate of the storage design 17,498
capacity and the disposal design capacity of all hazardous waste 17,499
in those areas is greater than two hundred fifty thousand 17,500
gallons, are not located or operated within any of the following: 17,501
(i) Two thousand feet of any residence, school, hospital, 17,503
jail, or prison; 17,504
(ii) Any naturally occurring wetland; 17,506
(iii) Any flood hazard area if the applicant cannot show 17,508
that the facility will be designed, constructed, operated, and 17,509
maintained to prevent washout by a one-hundred-year flood or that 17,510
procedures will be in effect to remove the waste before flood 17,511
waters can reach it. 17,512
406
Division (D)(6)(g) of this section does not apply to the 17,514
facility of any applicant who demonstrates to the board that the 17,515
limitations specified in that division are not necessary because 17,516
of the nature or volume of the waste and the manner of management 17,517
applied, the facility will impose no substantial danger to the 17,518
health and safety of persons occupying the structures listed in 17,519
division (D)(6)(g)(i) of this section, and the facility is to be 17,520
located or operated in an area where the proposed hazardous waste 17,521
activities will not be incompatible with existing land uses in 17,522
the area. 17,523
(h) That the facility will not be located within the 17,525
boundaries of a state park established or dedicated under Chapter 17,526
1541. of the Revised Code, a state park purchase area established 17,527
under section 1541.02 of the Revised Code, any unit of the 17,528
national park system, or any property that lies within the 17,529
boundaries of a national park or recreation area, but that has 17,530
not been acquired or is not administered by the secretary of the 17,531
United States department of the interior, located in this state, 17,532
or any candidate area located in this state identified for 17,533
potential inclusion in the national park system in the edition of 17,534
the "national park system plan" submitted under paragraph (b) of 17,535
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 17,536
U.S.C.A. 1a-5, as amended, current at the time of filing of the 17,537
application for the permit, unless the facility will be used 17,538
exclusively for the storage of hazardous waste generated within 17,539
the park or recreation area in conjunction with the operation of 17,540
the park or recreation area. Division (D)(6)(h) of this section 17,541
does not apply to the facility of any applicant for modification 17,542
of a permit unless the modification application proposes to 17,543
increase the land area included in the facility or to increase 17,544
the quantity of hazardous waste that will be treated, stored, or 17,545
disposed of at the facility. 17,546
In rendering a decision upon an application for a hazardous 17,548
waste facility installation and operation permit, the board shall 17,549
407
issue a written order and opinion, which shall include the 17,550
specific findings of fact and conclusions of law that support the 17,553
board's approval or disapproval of the application.
If the board approves an application for a hazardous waste 17,555
facility installation and operation permit, as a part of its 17,556
written order, it shall issue the permit, upon such terms and 17,557
conditions as the board finds are necessary to ensure the 17,558
construction and operation of the hazardous waste facility in 17,559
accordance with the standards of this section. 17,560
(7) Any party adversely affected by an order of the 17,562
hazardous waste facility board may appeal the order and decision 17,563
of the board to the court of appeals of Franklin county. An 17,564
appellant shall file with the board a notice of appeal, which 17,565
shall designate the order appealed from. A copy of the notice 17,566
also shall be filed by the appellant with the court, and a copy 17,567
shall be sent by certified mail to each party to the adjudication 17,568
hearing before the board. Such notices shall be filed and mailed 17,569
within thirty days after the date upon which the appellant 17,570
received notice from the board by certified mail of the making of 17,571
the order appealed from. No appeal bond shall be required to 17,572
make an appeal effective. 17,573
The filing of a notice of appeal shall not operate 17,575
automatically as a suspension of the order of the board. If it 17,576
appears to the court that an unjust hardship to the appellant 17,577
will result from the execution of the board's order pending 17,578
determination of the appeal, the court may grant a suspension of 17,579
the order and fix its terms. 17,580
Within twenty days after receipt of the notice of appeal, 17,582
the board shall prepare and file in the court the complete record 17,583
of proceedings out of which the appeal arises, including any 17,584
transcript of the testimony and any other evidence that has been 17,585
submitted before the board. The expense of preparing and 17,586
transcribing the record shall be taxed as a part of the costs of 17,587
the appeal. The appellant, other than the state or a political 17,588
408
subdivision, an agency of either, or any officer of the appellant 17,589
acting in the officer's representative capacity, shall provide 17,591
security for costs satisfactory to the court considering the 17,592
respective interests of the parties and the public interest. 17,593
Upon demand by a party, the board shall furnish, at the cost of 17,594
the party requesting it, a copy of the record. If the complete 17,595
record is not filed within the time provided for in this section, 17,596
any party may apply to the court to have the case docketed, and 17,597
the court shall order the record filed. 17,598
In hearing the appeal, the court is confined to the record 17,600
as certified to it by the board. The court may grant a request 17,601
for the admission of additional evidence when satisfied that the 17,602
additional evidence is newly discovered and could not with 17,603
reasonable diligence have been ascertained prior to the hearing 17,604
before the board. 17,605
The court shall affirm the order complained of in the 17,607
appeal if it finds, upon consideration of the entire record and 17,608
such additional evidence as the court has admitted, that the 17,609
order is supported by reliable, probative, and substantial 17,610
evidence and is in accordance with law. In the absence of such 17,611
findings, it shall reverse, vacate, or modify the order or make 17,612
such other ruling as is supported by reliable, probative, and 17,613
substantial evidence and is in accordance with law. The judgment 17,614
of the court shall be final and conclusive unless reversed, 17,615
vacated, or modified on appeal. Such appeals may be taken by any 17,616
party to the appeal pursuant to the Rules of Practice of the 17,617
Supreme Court and, to the extent not in conflict with those 17,618
rules, Chapter 2505. of the Revised Code. 17,619
(E)(1) Upon receipt of a completed application, the board 17,621
shall issue a hazardous waste facility installation and operation 17,622
permit for a hazardous waste facility subject to the requirements 17,623
of divisions (D)(6) and (7) of this section and all applicable 17,624
federal regulations if the facility for which the permit is 17,625
requested satisfies all of the following: 17,626
409
(a) Was in operation immediately prior to October 9, 1980; 17,628
(b) Was in substantial compliance with applicable statutes 17,630
and rules in effect immediately prior to October 9, 1980, as 17,631
determined by the director; 17,632
(c) Demonstrates to the board that its operations after 17,634
October 9, 1980, comply with applicable performance standards 17,635
adopted by the director pursuant to division (D) of section 17,636
3734.12 of the Revised Code; 17,637
(d) Submits a completed application for a permit under 17,639
division (C) of this section within six months after October 9, 17,640
1980. 17,641
The board shall act on the application within twelve months 17,643
after October 9, 1980. 17,644
(2) A hazardous waste facility that was in operation 17,646
immediately prior to October 9, 1980, may continue to operate 17,647
after that date if it does all of the following: 17,648
(a) Complies with performance standards adopted by the 17,650
director pursuant to division (D) of section 3734.12 of the 17,651
Revised Code; 17,652
(b) Submits a completed application for a hazardous waste 17,654
installation and operation permit under division (C) of this 17,655
section within six months after October 9, 1980; 17,656
(c) Obtains the permit under division (D) of this section 17,658
within twelve months after October 9, 1980. 17,659
(3) No political subdivision of this state shall require 17,661
any additional zoning or other approval, consent, permit, 17,662
certificate, or condition for the construction or operation of a 17,663
hazardous waste facility authorized by a hazardous waste facility 17,664
installation and operation permit issued pursuant to this 17,665
chapter, nor shall any political subdivision adopt or enforce any 17,666
law, ordinance, or rule that in any way alters, impairs, or 17,667
limits the authority granted in the permit. 17,668
(4) After the issuance of a hazardous waste facility 17,670
installation and operation permit by the board, each hazardous 17,671
410
waste facility shall be subject to the rules and supervision of 17,672
the director during the period of its operation, closure, and 17,673
post-closure care, if applicable. 17,674
(F) Upon approval of the board in accordance with 17,676
divisions (D) and (E) of this section, the board may issue a 17,677
single hazardous waste facility installation and operation permit 17,678
to a person who operates two or more adjoining facilities where 17,679
hazardous waste is stored, treated, or disposed of if the 17,680
application includes detail plans, specifications, and 17,681
information on all facilities. For the purposes of this section, 17,682
"adjoining" means sharing a common boundary, separated only by a 17,683
public road, or in such proximity that the director determines 17,684
that the issuance of a single permit will not create a hazard to 17,685
the public health or safety or the environment. 17,686
(G) No person shall falsify or fail to keep or submit any 17,688
plans, specifications, data, reports, records, manifests, or 17,689
other information required to be kept or submitted to the 17,690
director or to the hazardous waste facility board by this chapter 17,691
or the rules adopted under it. 17,692
(H)(1) Each person who holds an installation and operation 17,694
permit issued under this section and who wishes to obtain a 17,695
permit renewal shall submit a completed application for an 17,696
installation and operation permit renewal and any necessary 17,697
accompanying general plans, detail plans, specifications, and 17,698
such information as the director may require to the director no 17,699
later than one hundred eighty days prior to the expiration date 17,700
of the existing permit or upon a later date prior to the 17,701
expiration of the existing permit if the permittee can 17,702
demonstrate good cause for the late submittal. The director 17,703
shall consider the application and accompanying information, 17,704
inspection reports of the facility, results of performance tests, 17,705
a report regarding the facility's compliance or noncompliance 17,706
with the terms and conditions of its permit and rules adopted by 17,707
the director under this chapter, and such other information as is 17,708
411
relevant to the operation of the facility and shall issue a draft 17,709
renewal permit or a notice of intent to deny the renewal permit. 17,710
The director, in accordance with rules adopted under this section 17,711
or with rules adopted to implement Chapter 3745. of the Revised 17,712
Code, shall give public notice of the application and draft 17,713
renewal permit or notice of intent to deny the renewal permit, 17,714
provide for the opportunity for public comments within a 17,715
specified time period, schedule a public meeting in the county in 17,716
which the facility is located if significant interest is shown, 17,717
and give public notice of the public meeting. 17,718
(2) Within sixty days after the public meeting or close of 17,720
the public comment period, the director, without prior hearing, 17,721
shall issue or deny the renewal permit in accordance with Chapter 17,722
3745. of the Revised Code. The director shall not issue a 17,723
renewal permit unless the director determines that the facility 17,725
under the existing permit has a history of compliance with this 17,726
chapter, rules adopted under it, the existing permit, or orders 17,727
entered to enforce such requirements that demonstrates sufficient 17,728
reliability, expertise, and competency to operate the facility 17,729
henceforth under this chapter, rules adopted under it, and the 17,730
renewal permit. If the director approves an application for a 17,731
renewal permit, the director shall issue the permit subject to 17,733
the payment of the annual permit fee required under division (E) 17,734
of section 3734.02 of the Revised Code and upon such terms and 17,735
conditions as the director finds are reasonable to ensure that 17,736
continued operation, maintenance, closure, and post-closure care 17,738
of the hazardous waste facility are in accordance with the rules 17,739
adopted under section 3734.12 of the Revised Code. 17,740
(3) An installation and operation permit renewal 17,742
application submitted to the director that also contains or would 17,743
constitute an application for a modification shall be acted upon 17,745
by the director in accordance with division (I) of this section 17,746
in the same manner as an application for a modification. In 17,747
approving or disapproving the renewal portion of a permit renewal 17,749
412
application containing an application for a modification, the 17,750
director shall apply the criteria established under division 17,752
(H)(2) of this section.
(4) An application for renewal or modification of a permit 17,755
that does not contain an application for a modification as 17,756
described in divisions (I)(3)(a) to (d) of this section shall not 17,758
be subject to division (D) of this section. 17,759
(I)(1) As used in this section, "modification" means a 17,761
change or alteration to a hazardous waste facility or its 17,762
operations that is inconsistent with or not authorized by its 17,764
existing permit or authorization to operate. Modifications shall
be classified as Class 1, 2, or 3 modifications in accordance 17,766
with rules adopted under division (K) of this section. 17,767
Modifications classified as Class 3 modifications, in accordance 17,768
with rules adopted under that division, shall be further 17,769
classified by the director as either Class 3 modifications that 17,770
are to be approved or disapproved by the hazardous waste facility 17,771
board as described in divisions (I)(3)(a) to (d) of this section 17,772
or as Class 3 modifications that are to be approved or 17,773
disapproved by the director under division (I)(5) of this 17,774
section. Not later than thirty days after receiving a request 17,775
for a modification under division (I)(4) of this section that is 17,776
not listed in Appendix I to 40 C.F.R. 270.42 or in rules adopted 17,778
under division (K) of this section, the director shall classify 17,779
the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. 17,780
Notwithstanding any other law to the contrary, any modification 17,782
that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator 17,783
shall be classified as a Class 3 modification. 17,784
(2) Except as provided in section 3734.123 of the Revised 17,786
Code, a hazardous waste facility installation and operation 17,787
permit may be modified at the request of the director or upon the 17,789
written request of the permittee only if any of the following 17,790
413
applies:
(a) The permittee desires to accomplish alterations, 17,792
additions, or deletions to the permitted facility or to undertake 17,793
alterations, additions, deletions, or activities that are 17,794
inconsistent with or not authorized by the existing permit; 17,795
(b) New information or data justify permit conditions in 17,797
addition to or different from those in the existing permit; 17,798
(c) The standards, criteria, or rules upon which the 17,800
existing permit is based have been changed by new, amended, or 17,801
rescinded standards, criteria, or rules, or by judicial decision 17,802
after the existing permit was issued, and the change justifies 17,803
permit conditions in addition to or different from those in the 17,804
existing permit; 17,805
(d) The permittee proposes to transfer the permit to 17,807
another person. 17,808
(3) The director has jurisdiction to approve or disapprove 17,810
applications for Class 1 modifications, Class 2 modifications, 17,811
and Class 3 modifications not otherwise described in divisions 17,812
(I)(3)(a) to (d) of this section. The hazardous waste facility 17,815
board has jurisdiction to approve or disapprove applications for 17,816
any of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or disposal 17,819
at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or 17,820
disposal activity by the facility's permit; 17,821
(b) Modification or addition of a hazardous waste 17,823
management unit, as defined in rules adopted under section 17,824
3734.12 of the Revised Code, that results in an increase in a 17,825
facility's storage capacity of more than twenty-five per cent 17,826
over the capacity authorized by the facility's permit, an 17,827
increase in a facility's treatment rate of more than twenty-five 17,829
per cent over the rate so authorized, or an increase in a 17,830
facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be 17,831
414
calculated from the approved design plans for the disposal units 17,832
at that facility. In no case during a five-year period shall a 17,833
facility's storage capacity or treatment rate be modified to 17,835
increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of 17,836
division (I) of this section to the contrary, a request for 17,838
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director. 17,839
(c) Authority to add any of the following categories of 17,841
regulated activities not previously authorized at a facility by 17,842
the facility's permit: storage at a facility not previously 17,843
authorized to store hazardous waste, treatment at a facility not 17,844
previously authorized to treat hazardous waste, or disposal at a 17,845
facility not previously authorized to dispose of hazardous waste; 17,846
or authority to add a category of hazardous waste management unit 17,847
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this 17,848
section to the contrary, a request for authority to add or to 17,849
modify an activity or a hazardous waste management unit for the 17,850
purposes of performing a corrective action shall be classified 17,851
and approved or disapproved by the director.
(d) Authority to treat, store, or dispose of waste types 17,853
listed or characterized as reactive or explosive, in rules 17,855
adopted under section 3734.12 of the Revised Code, or any acute 17,856
hazardous waste listed in 40 C.F.R. 261.33(e), as amended, at a 17,857
facility not previously authorized to treat, store, or dispose of 17,858
those types of wastes by the facility's permit unless the 17,859
requested authority is limited to wastes that no longer exhibit 17,861
characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing 17,862
as acute hazardous waste, but still are required to carry those 17,863
waste codes as established in rules adopted under section 3734.12 17,864
of the Revised Code because of the requirements established in 40 17,865
C.F.R. 261(a) and (e), as amended, that is, the "mixture," 17,866
415
"derived-from," or "contained-in" regulations. 17,867
(4) A written request for a modification from the 17,870
permittee shall be submitted to the director and shall contain 17,871
such information as is necessary to support the request. The 17,872
director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to (d) of this 17,874
section within two hundred forty days after receiving the 17,875
requests. Requests for modifications shall be acted upon by the 17,876
director or the board, as appropriate, in accordance with this 17,877
section and rules adopted under it. 17,878
(5) Class 1 modification applications that require prior 17,881
approval of the director, as determined in accordance with rules 17,882
adopted under division (K) of this section, Class 2 modification 17,883
applications, and Class 3 modification applications that are not 17,884
described in divisions (I)(3)(a) to (d) of this section shall be 17,886
approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county 17,887
commissioners of the county, the board of township trustees of 17,888
the township, and the city manager or mayor of the municipal 17,889
corporation in which a hazardous waste facility is located shall 17,890
receive notification of any application for a modification for 17,891
that facility and shall be considered as interested persons with 17,892
respect to the director's consideration of the application. 17,893
For those modification applications for a transfer of a 17,896
permit to a new owner or operator of a facility, the director 17,897
also shall determine that, if the transferee owner or operator 17,898
has been involved in any prior activity involving the 17,900
transportation, treatment, storage, or disposal of hazardous 17,901
waste, the transferee owner or operator has a history of
compliance with this chapter and Chapters 3704. and 6111. of the 17,903
Revised Code and all rules and standards adopted under them, the 17,905
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 17,906
42 U.S.C.A. 6921, as amended, and all regulations adopted under 17,907
it, and similar laws and rules of another state if the transferee 17,908
416
owner or operator owns or operates a facility in that state, that 17,909
demonstrates sufficient reliability, expertise, and competency to
operate a hazardous waste facility under this chapter and 17,911
Chapters 3704. and 6111. of the Revised Code, all rules and 17,913
standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given 17,914
the potential for harm to the public health and safety and the 17,915
environment that could result from the irresponsible operation of 17,916
the facility. A permit may be transferred to a new owner or 17,918
operator only pursuant to a Class 3 permit modification.
As used in division (I)(5) of this section: 17,921
(a) "Owner" means the person who owns a majority or 17,923
controlling interest in a facility. 17,924
(b) "Operator" means the person who is responsible for the 17,926
overall operation of a facility. 17,927
The director shall approve or disapprove an application for 17,929
a Class 1 modification that requires the director's approval 17,930
within sixty days after receiving the request for modification. 17,931
The director shall approve or disapprove an application for a 17,932
Class 2 modification within three hundred days after receiving 17,933
the request for modification. The director shall approve or 17,934
disapprove an application for a Class 3 modification that is not 17,936
described in divisions (I)(3)(a) to (d) of this section within 17,937
three hundred sixty-five days after receiving the request for 17,938
modification.
(6) The approval or disapproval by the director of a Class 17,940
1 modification application is not a final action that is 17,941
appealable under Chapter 3745. of the Revised Code. The approval 17,942
or disapproval by the director of a Class 2 modification or a 17,944
Class 3 modification that is not described in divisions (I)(3)(a) 17,945
to (d) of this section is a final action that is appealable under 17,946
that chapter. In approving or disapproving a request for a 17,947
modification, the director shall consider all comments pertaining 17,948
to the request that are received during the public comment period 17,949
417
and the public meetings. The administrative record for appeal of 17,950
a final action by the director in approving or disapproving a
request for a modification shall include all comments received 17,951
during the public comment period relating to the request for 17,952
modification, written materials submitted at the public meetings 17,953
relating to the request, and any other documents related to the 17,954
director's action.
(7) The hazardous waste facility board shall approve or 17,956
disapprove an application for a Class 3 modification transmitted 17,958
to it under division (I)(4) of this section, or that portion of a 17,960
permit renewal application that constitutes a Class 3 17,961
modification application so transmitted, of a hazardous waste
facility installation and operation permit in accordance with 17,963
division (D) of this section. No other request for a 17,964
modification shall be subject to division (D)(6) of this section. 17,965
No aspect of a permitted facility or its operations that is not 17,967
being modified as described in division (I)(3)(a), (b), (c), or 17,968
(d) of this section shall be subject to review by the board under 17,970
division (D) of this section.
(8) Notwithstanding any other provision of law to the 17,972
contrary, a change or alteration to a hazardous waste facility 17,973
described in division (E)(3)(a) or (b) of section 3734.02 of the 17,974
Revised Code, or its operations, is a modification for the 17,975
purposes of this section. An application for a modification at 17,977
such a facility shall be submitted, classified, and approved or 17,978
disapproved in accordance with divisions (I)(1) to (7) of this 17,979
section in the same manner as a modification to a hazardous waste 17,980
facility installation and operation permit. 17,981
(J)(1) Except as provided in division (J)(2) of this 17,983
section, an owner or operator of a hazardous waste facility that 17,985
is operating in accordance with a permit by rule under rules 17,986
adopted by the director under division (E)(3)(b) of section 17,987
3734.02 of the Revised Code shall submit either a hazardous waste 17,989
facility installation and operation permit application for the 17,990
418
facility or a modification application, whichever is required 17,991
under division (J)(1)(a) or (b) of this section, within one 17,992
hundred eighty days after the director has requested the 17,993
application or upon a later date if the owner or operator 17,994
demonstrates to the director good cause for the late submittal. 17,995
(a) If the owner or operator does not have a hazardous 17,997
waste facility installation and operation permit for any 17,998
hazardous waste treatment, storage, or disposal activities at the 17,999
facility, the owner or operator shall submit an application for 18,001
such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other provision of law 18,003
to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures 18,004
governing the approval or disapproval of permit renewals under 18,005
division (H) of this section. 18,006
(b) If the owner or operator has a hazardous waste 18,008
facility installation and operation permit for hazardous waste 18,009
treatment, storage, or disposal activities at the facility other 18,010
than those authorized by the permit by rule, the owner or 18,011
operator shall submit to the director a request for modification 18,012
in accordance with division (I) of this section. Notwithstanding 18,013
any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance 18,014
with rules adopted under division (K) of this section. 18,015
(2) The owner or operator of a boiler or industrial 18,017
furnace that is conducting thermal treatment activities in 18,018
accordance with a permit by rule under rules adopted by the 18,019
director under division (E)(3)(b) of section 3734.02 of the 18,021
Revised Code shall submit a hazardous waste facility installation 18,023
and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, 18,024
storage, or disposal activities at the facility or, if the owner 18,025
or operator has such a permit for hazardous waste treatment, 18,026
storage, or disposal activities at the facility other than 18,027
419
thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by 18,028
the permit by rule, whichever is applicable, within one hundred 18,029
eighty days after the director has requested the submission of 18,030
the application or upon a later date if the owner or operator 18,031
demonstrates to the director good cause for the late submittal. 18,032
The application shall be accompanied by information necessary to 18,033
support the request. The hazardous waste facility board shall 18,034
approve or disapprove the application in accordance with division 18,035
(D) of this section, except that the board shall not disapprove 18,036
an application for the thermal treatment activities on the basis 18,037
of the criteria set forth in division (D)(6)(g) or (h) of this 18,039
section.
(3) As used in division (J) of this section: 18,042
(a) "Modification application" means a request for a 18,044
modification submitted in accordance with division (I) of this 18,046
section.
(b) "Thermal treatment," "boiler," and "industrial 18,048
furnace" have the same meanings as in rules adopted under section 18,049
3734.12 of the Revised Code. 18,050
(K) The director shall adopt, and may amend, suspend, or 18,052
rescind, rules in accordance with Chapter 119. of the Revised 18,053
Code in order to implement divisions (H) and (I) of this section. 18,054
Except when in actual conflict with this section, rules governing 18,055
the classification of and procedures for the modification of 18,056
hazardous waste facility installation and operation permits shall 18,057
be substantively and procedurally identical to the regulations 18,058
governing hazardous waste facility permitting and permit 18,059
modifications adopted under the "Resource Conservation and 18,060
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 18,061
amended.
Sec. 3734.06. (A)(1) Except as provided in division 18,070
(A)(2), (3), and (4) of this section and in section 3734.82 of 18,071
the Revised Code, the annual fee for a solid waste facility 18,072
420
license shall be in accordance with the following schedule: 18,073
AUTHORIZED MAXIMUM ANNUAL 18,075
DAILY WASTE LICENSE 18,076
RECEIPT (TONS) FEE 18,077
100 or less $ 5,000 18,078
101 to 200 12,500 18,079
201 to 500 30,000 18,080
501 or more 60,000 18,081
For the purpose of determining the applicable license fee 18,083
under divisions (A)(1) and (2) of this section, the authorized 18,084
maximum daily waste receipt shall be the maximum amount of wastes 18,085
the facility is authorized to receive daily that is established 18,086
in the permit for the facility, and any modifications to that 18,087
permit, issued under division (A)(2) or (3) of section 3734.05 of 18,088
the Revised Code; the annual license for the facility, and any 18,089
revisions to that license, issued under division (A)(1) of 18,090
section 3734.05 of the Revised Code; the approved operating plan 18,091
or operational report for which submission and approval are 18,092
required by rules adopted by the director of environmental 18,093
protection under section 3734.02 of the Revised Code; an order 18,094
issued by the director as authorized by rule; or the updated 18,095
engineering plans, specifications, and facility and operation 18,096
information approved under division (A)(4) of section 3734.05 of 18,097
the Revised Code. If no authorized maximum daily waste receipt 18,098
is so established, the annual license fee is sixty thousand 18,099
dollars under division (A)(1) of this section and thirty thousand 18,100
dollars under division (A)(2) of this section. 18,101
The authorized maximum daily waste receipt set forth in any 18,103
such document shall be stated in terms of cubic yards of volume 18,104
for the purpose of regulating the design, construction, and 18,105
operation of a solid waste facility. For the purpose of 18,106
determining applicable license fees under this section, the 18,107
authorized maximum daily waste receipt so stated shall be 18,108
converted from cubic yards to tons as the unit of measurement 18,109
421
based upon a conversion factor of three cubic yards per ton for 18,110
compacted wastes generally and one cubic yard per ton for baled 18,111
wastes. 18,112
(2) The annual license fee for a facility that is an 18,114
incinerator or composting facility is one-half the amount shown 18,115
in division (A)(1) of this section. When a municipal 18,116
corporation, county, or township owns and operates more than one 18,117
incinerator within its boundaries, the municipal corporation, 18,118
county, or township shall pay one fee for the licenses for all of 18,119
its incinerators. The fee shall be determined on the basis of 18,120
the aggregate maximum daily waste receipt for all the 18,121
incinerators owned and operated by the municipal corporation, 18,122
county, or township in an amount that is one-half the amount 18,123
shown in division (A)(1) of this section. 18,124
THE ANNUAL FEE FOR A SOLID WASTE COMPOST FACILITY LICENSE 18,126
SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 18,127
AUTHORIZED MAXIMUM ANNUAL 18,129
DAILY WASTE LICENSE 18,130
RECEIPT (TONS) FEE 18,131
12 OR LESS $ 300 18,132
13 TO 25 600 18,133
26 TO 50 1,200 18,134
51 TO 75 1,800 18,135
76 TO 100 2,500 18,136
101 TO 200 6,250 18,137
201 TO 500 15,000 18,138
501 OR MORE 30,000 18,139
(3) The annual license fee for a solid waste facility, 18,142
regardless of its authorized maximum daily waste receipt, is five 18,143
thousand dollars for a facility meeting either of the following 18,144
qualifications: 18,145
(a) The facility is owned by a generator of solid wastes 18,147
when the solid waste facility exclusively disposes of solid 18,148
wastes generated at one or more premises owned by the generator 18,149
422
regardless of whether the facility is located on a premises where 18,150
the wastes are generated; 18,151
(b) The facility exclusively disposes of wastes that are 18,153
generated from the combustion of coal, or from the combustion of 18,154
primarily coal in combination with scrap tires, that is not 18,155
combined in any way with garbage at one or more premises owned by 18,156
the generator. 18,157
(4) The annual license fee for a facility that is a 18,159
transfer facility is seven hundred fifty dollars. 18,160
(5) The same fees shall apply to private operators and to 18,162
the state and its political subdivisions and shall be paid within 18,163
thirty days after issuance of a license. The fee includes the 18,164
cost of licensing, all inspections, and other costs associated 18,165
with the administration of the solid waste provisions of this 18,166
chapter and rules adopted under them, excluding the provisions 18,167
governing scrap tires. Each such license shall specify that it 18,168
is conditioned upon payment of the applicable fee to the board of 18,169
health or the director, as appropriate, within thirty days after 18,170
issuance of the license. 18,171
(B) The board of health shall retain two thousand five 18,173
hundred dollars of each license fee collected by the board under 18,174
divisions (A)(1), (2), and (3) of this section OR THE ENTIRE 18,175
AMOUNT OF ANY SUCH FEE THAT IS LESS THAN TWO THOUSAND FIVE 18,176
HUNDRED DOLLARS. The moneys retained shall be paid into a 18,177
special fund, which is hereby created in each health district, 18,178
and used solely to administer and enforce the solid waste 18,179
provisions of this chapter and the rules adopted under them, 18,180
excluding the provisions governing scrap tires. The remainder of 18,181
each license fee collected by the board shall be transmitted to 18,182
the director within forty-five days after receipt of the fee. 18,183
The director shall transmit these moneys to the treasurer of 18,184
state to be credited to the general revenue fund. The board of 18,185
health shall retain the entire amount of each fee collected under 18,186
division (A)(4) of this section, which moneys shall be paid into 18,187
423
the special fund of the health district. 18,188
(C)(1) Except as provided in divisions (C)(2) and (3) of 18,190
this section, the annual fee for an infectious waste treatment 18,191
facility license shall be in accordance with the following 18,192
schedule: 18,193
AVERAGE ANNUAL 18,195
DAILY WASTE LICENSE 18,196
RECEIPT (TONS) FEE 18,197
100 or less $ 5,000 18,198
101 to 200 12,500 18,199
201 to 500 30,000 18,200
501 or more 60,000 18,201
For the purpose of determining the applicable license fee 18,204
under divisions (C)(1) and (2) of this section, the average daily 18,205
waste receipt shall be the average amount of infectious wastes 18,206
the facility is authorized to receive daily that is established 18,207
in the permit for the facility, and any modifications to that 18,208
permit, issued under division (B)(2)(b) or (d) of section 3734.05 18,209
of the Revised Code; or the annual license for the facility, and 18,210
any revisions to that license, issued under division (B)(2)(a) of 18,211
section 3734.05 of the Revised Code. If no average daily waste 18,212
receipt is so established, the annual license fee is sixty 18,213
thousand dollars under division (C)(1) of this section and thirty 18,214
thousand dollars under division (C)(2) of this section. 18,215
(2) The annual license fee for an infectious waste 18,217
treatment facility that is an incinerator is one-half the amount 18,218
shown in division (C)(1) of this section. 18,219
(3) Fees levied under divisions (C)(1) and (2) of this 18,221
section shall apply to private operators and to the state and its 18,222
political subdivisions and shall be paid within thirty days after 18,223
issuance of a license. The fee includes the cost of licensing, 18,224
all inspections, and other costs associated with the 18,225
administration of the infectious waste provisions of this chapter 18,226
and rules adopted under them. Each such license shall specify 18,227
424
that it is conditioned upon payment of the applicable fee to the 18,228
board of health or the director, as appropriate, within thirty 18,229
days after issuance of the license. 18,230
(4) The board of health shall retain two thousand five 18,232
hundred dollars of each license fee collected by the board under 18,233
divisions (C)(1) and (2) of this section. The moneys retained 18,234
shall be paid into a special infectious waste fund, which is 18,235
hereby created in each health district, and used solely to 18,236
administer and enforce the infectious waste provisions of this 18,237
chapter and the rules adopted under them. The remainder of each 18,238
license fee collected by the board shall be transmitted to the 18,239
director within forty-five days after receipt of the fee. The 18,240
director shall transmit these moneys to the treasurer of state to 18,241
be credited to the general revenue fund. 18,242
Sec. 3734.18. (A) There are hereby levied fees on the 18,251
disposal of hazardous waste to be collected according to the 18,252
following schedule at each disposal facility to which the 18,253
hazardous waste facility board has issued a hazardous waste 18,254
facility installation and operation permit or the director of 18,255
environmental protection has issued a renewal permit pursuant to 18,256
section 3734.05 of the Revised Code: 18,257
(1) For disposal facilities that are off-site facilities 18,259
as defined in division (E) of section 3734.02 of the Revised 18,260
Code, fees shall be levied at the rate of four dollars and fifty 18,261
cents per ton for hazardous waste disposed of by deep well 18,262
injection and nine dollars per ton for hazardous waste disposed 18,264
of by land application or landfilling. The owner or operator of 18,265
the facility, as a trustee for the state, shall collect the fees 18,266
and forward them to the director in accordance with rules adopted 18,267
under this section. 18,268
(2) For disposal facilities that are on-site or satellite 18,270
facilities, as defined in division (E) of section 3734.02 of the 18,271
Revised Code, fees shall be levied at the rate of two dollars per 18,272
ton for hazardous waste disposed of by deep well injection and 18,273
425
four dollars per ton for hazardous waste disposed of by land 18,274
application or landfilling. The maximum annual disposal fee for 18,275
an on-site disposal facility that disposes of one hundred 18,276
thousand tons or less of hazardous waste in a year is twenty-five 18,277
thousand dollars. The maximum annual disposal fee for an on-site 18,278
facility that disposes of more than one hundred thousand tons of 18,279
hazardous waste in a year by land application or landfilling is 18,280
fifty thousand dollars, and the maximum annual fee for an on-site 18,281
facility that disposes of more than one hundred thousand tons of 18,282
hazardous waste in a year by deep well injection is one hundred 18,283
thousand dollars. The maximum annual disposal fee for a 18,284
satellite facility that disposes of one hundred thousand tons or 18,285
less of hazardous waste in a year is thirty-seven thousand five 18,286
hundred dollars, and the maximum annual disposal fee for a 18,287
satellite facility that disposes of more than one hundred 18,288
thousand tons of hazardous waste in a year is seventy-five 18,289
thousand dollars, except that a satellite facility defined under 18,290
division (E)(3)(b) of section 3734.02 of the Revised Code that 18,291
receives hazardous waste from a single generation site is subject 18,292
to the same maximum annual disposal fees as an on-site disposal 18,293
facility. The owner or operator shall pay the fee to the 18,294
director each year upon the anniversary of the date of issuance 18,295
of the owner's or operator's installation and operation permit 18,297
during the term of that permit and any renewal permit issued 18,298
under division (H) of section 3734.05 of the Revised Code. If 18,299
payment is late, the owner or operator shall pay an additional 18,300
ten per cent of the amount of the fee for each month that it is 18,301
late.
(B) There are hereby levied fees at the rate of two 18,303
dollars per ton on hazardous waste that is treated at treatment 18,305
facilities that are not on-site or satellite facilities, as 18,306
defined in division (E) of section 3734.02 of the Revised Code, 18,307
to which the hazardous waste facility board has issued a 18,308
hazardous waste facility installation and operation permit or the 18,309
426
director has issued a renewal permit, or that are not subject to 18,311
the hazardous waste facility installation and operation permit 18,312
requirements under rules adopted by the director. 18,313
(C) There are hereby levied additional fees on the 18,315
treatment and disposal of hazardous waste at the rate of ten per 18,316
cent of the applicable fees prescribed in division (A) or (B) of 18,318
this section for the purposes of paying the costs of municipal 18,319
corporations and counties for conducting reviews of applications 18,320
for hazardous waste facility installation and operation permits 18,321
for proposed new or modified hazardous waste landfills within 18,322
their boundaries, emergency response actions with respect to 18,323
releases of hazardous waste from hazardous waste facilities 18,324
within their boundaries, monitoring the operation of such 18,325
hazardous waste facilities, and local waste management planning 18,326
programs. The owner or operator of a facility located within a 18,327
municipal corporation, as a trustee for the municipal
corporation, shall collect the fees levied by this division and 18,328
forward them to the treasurer of the municipal corporation or 18,329
such officer as, by virtue of the charter, has the duties of the 18,330
treasurer in accordance with rules adopted under this section. 18,332
The owner or operator of a facility located in an unincorporated 18,333
area, as a trustee of the county in which the facility is 18,334
located, shall collect the fees levied by this division and 18,335
forward them to the county treasurer of that county in accordance 18,336
with rules adopted under this section. The owner or operator 18,337
shall pay the fees levied by this division to the treasurer or 18,338
such other officer of the municipal corporation or to the county 18,339
treasurer each year upon the anniversary of the date of issuance 18,340
of the owner's or operator's installation and operation permit 18,342
during the term of that permit and any renewal permit issued 18,343
under division (H) of section 3734.05 of the Revised Code. If 18,344
payment is late, the owner or operator shall pay an additional
ten per cent of the amount of the fee for each month that the 18,345
payment is late.
427
Moneys received by a municipal corporation under this 18,347
division shall be paid into a special fund of the municipal 18,348
corporation and used exclusively for the purposes of conducting 18,349
reviews of applications for hazardous waste facility installation 18,350
and operation permits for new or modified hazardous waste 18,351
landfills located or proposed within the municipal corporation, 18,352
conducting emergency response actions with respect to releases of 18,353
hazardous waste from facilities located within the municipal 18,354
corporation, monitoring operation of such hazardous waste 18,355
facilities, and conducting waste management planning programs 18,356
within the municipal corporation through employees of the 18,357
municipal corporation or pursuant to contracts entered into with 18,358
persons or political subdivisions. Moneys received by a board of 18,359
county commissioners under this division shall be paid into a 18,360
special fund of the county and used exclusively for those 18,361
purposes within the unincorporated area of the county through 18,362
employees of the county or pursuant to contracts entered into 18,363
with persons or political subdivisions. 18,364
(D) As used in this section, "treatment" or "treated" does 18,366
not include any method, technique, or process designed to recover 18,367
energy or material resources from the waste or to render the 18,368
waste amenable for recovery. The fees levied by division (B) of 18,371
this section do not apply to hazardous waste that is treated and 18,372
disposed of on the same premises or by the same person. 18,373
(E) The director, by rules adopted in accordance with 18,375
Chapters 119. and 3745. of the Revised Code, shall prescribe any 18,376
dates not specified in this section and procedures for collecting 18,377
and forwarding the fees prescribed by this section and may 18,378
prescribe other requirements that are necessary to carry out this 18,379
section. 18,380
The director shall deposit the moneys collected under 18,382
divisions (A) and (B) of this section into one or more minority 18,385
banks, as "minority bank" is defined in division (F)(1) of 18,387
section 135.04 of the Revised Code, to the credit of the
428
hazardous waste facility management fund, which is hereby created 18,388
in the state treasury, except that the director shall deposit to 18,389
the credit of the underground injection control fund created in 18,390
section 6111.046 of the Revised Code moneys in excess of fifty 18,391
thousand dollars that are collected during a fiscal year under 18,392
division (A)(2) of this section from the fee levied on the 18,393
disposal of hazardous waste by deep well injection at an on-site 18,394
disposal facility that disposes of more than one hundred thousand 18,395
tons of hazardous waste in a year. 18,396
The environmental protection agency and the hazardous waste 18,398
facility board may use moneys in the hazardous waste facility 18,399
management fund for administration of the hazardous waste program 18,400
established under this chapter and, in accordance with this 18,401
section, may request approval by the controlling board for that 18,403
use on an annual basis. In addition, the agency may use and 18,404
pledge moneys in that fund for repayment of and for interest on 18,405
any loans made by the Ohio water development authority to the 18,406
agency for the hazardous waste program established under this 18,407
chapter without the necessity of requesting approval by the 18,408
controlling board, which use and pledge shall have priority over 18,409
any other use of the moneys in the fund. 18,410
Until September 28, 1996, the director also may use moneys 18,413
in the fund to pay the start-up costs of administering Chapter 18,414
3746. of the Revised Code. Not later than thirteen years after 18,415
so using any such moneys, ending on June 30, 2008, the director 18,416
shall reimburse the fund in the amount of moneys so used with 18,417
moneys from the voluntary action program administration fund 18,418
created in section 3746.16 of the Revised Code. Beginning in 18,419
fiscal year 1999, the amount that is reimbursed in each fiscal 18,420
year shall not exceed two hundred eighty thousand three hundred
twenty-eight dollars. 18,421
If moneys in the hazardous waste facility management fund 18,423
that the agency uses in accordance with this chapter are 18,424
reimbursed by grants or other moneys from the United States 18,425
429
government, the grants or other moneys shall be placed in the 18,426
fund. If moneys in the fund that the agency uses to pay the 18,427
state's long-term operation and maintenance costs or matching 18,428
share for actions taken under the "Comprehensive Environmental 18,429
Response, Compensation, and Liability Act of 1980," 94 Stat. 18,430
2767, 42 U.S.C.A. 9601, as amended, are reimbursed by grants or 18,431
other moneys from any person, the reimbursed moneys shall be 18,432
placed in the fund for reuse as the state's long term operation 18,433
and maintenance costs or matching share for such actions and not 18,434
in the general revenue fund or the hazardous waste clean-up fund 18,435
created in section 3734.28 of the Revised Code. 18,436
Before the agency makes any expenditure from the hazardous 18,438
waste facility management fund other than for repayment of and 18,439
interest on any loan made by the Ohio water development authority 18,440
to the agency in accordance with this section, the controlling 18,441
board shall approve the expenditure. 18,442
Sec. 3734.28. All moneys collected under sections 18,452
3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the 18,454
Revised Code and natural resource damages collected by the state 18,455
under the "Comprehensive Environmental Response, Compensation, 18,456
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 18,457
amended, shall be paid into the state treasury to the credit of 18,458
the hazardous waste clean-up fund, which is hereby created. The 18,459
environmental protection agency shall use the moneys in the fund 18,460
only for the purposes set forth in division (D) of section
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 18,462
3734.26, and 3734.27, and, through June 30, 1999 2001, Chapter 18,464
3746. of the Revised Code and for any related enforcement 18,465
expenses. IN ADDITION, THE AGENCY SHALL USE THE MONEYS IN THE 18,466
FUND TO PAY THE STATE'S LONG-TERM OPERATION AND MAINTENANCE COSTS 18,467
OR MATCHING SHARE FOR ACTIONS TAKEN UNDER THE COMPREHENSIVE 18,468
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 18,469
AS AMENDED. IF THOSE MONEYS ARE REIMBURSED BY GRANTS OR OTHER 18,470
MONEYS FROM THE UNITED STATES OR ANY OTHER PERSON, THE MONEYS 18,471
430
SHALL BE PLACED IN THE FUND AND NOT IN THE GENERAL REVENUE FUND. 18,472
Sec. 3734.281. NOTWITHSTANDING ANY PROVISION OF LAW TO 18,474
THE CONTRARY, ANY MONEYS SET ASIDE BY THE STATE FOR THE CLEANUP 18,475
AND REMEDIATION OF THE ASHTABULA RIVER; ANY MONEYS COLLECTED FROM 18,476
SETTLEMENTS MADE BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION, 18,477
INCLUDING THOSE ASSOCIATED WITH BANKRUPTCIES, RELATED TO ACTIONS 18,479
BROUGHT UNDER SECTION 3734.14, 3734.20, 3734.22, 6111.03, OR
6111.04 OF THE REVISED CODE; AND ANY MONEYS RECEIVED UNDER THE 18,481
"COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 18,485
LIABILITY ACT OF 1980," 94 STAT. 2767, 42 U.S.C. 9602, AS 18,486
AMENDED, MAY BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 18,487
ENVIRONMENTAL PROTECTION REMEDIATION FUND, WHICH IS HEREBY
CREATED. THE ENVIRONMENTAL PROTECTION AGENCY SHALL USE THE
MONEYS IN THE FUND ONLY FOR THE PURPOSE OF REMEDIATING CONDITIONS 18,488
AT A HAZARDOUS WASTE FACILITY, SOLID WASTE FACILITY, OR OTHER 18,489
LOCATION AT WHICH THE DIRECTOR HAS REASON TO BELIEVE THERE IS A 18,490
SUBSTANTIAL THREAT TO PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT. 18,491
REMEDIATION MAY INCLUDE THE DIRECT AND INDIRECT COSTS ASSOCIATED 18,492
WITH THE OVERSEEING, SUPERVISING, PERFORMING, VERIFYING, OR 18,493
REVIEWING OF REMEDIATION ACTIVITIES BY AGENCY EMPLOYEES. ALL 18,494
INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 18,495
Sec. 3734.57. (A) For the purposes of paying the state's 18,504
long-term operation costs or matching share for actions taken 18,505
under the "Comprehensive Environmental Response, Compensation, 18,506
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 18,507
amended; paying the costs of measures for proper clean-up of 18,508
sites where polychlorinated biphenyls and substances, equipment, 18,509
and devices containing or contaminated with polychlorinated 18,510
biphenyls have been stored or disposed of; paying the costs of 18,511
conducting surveys or investigations of solid waste facilities or 18,512
other locations where it is believed that significant quantities 18,513
of hazardous waste were disposed of and for conducting 18,514
enforcement actions arising from the findings of such surveys or 18,515
investigations; and paying the costs of acquiring and cleaning 18,516
431
up, or providing financial assistance for cleaning up, any 18,517
hazardous waste facility or solid waste facility containing 18,518
significant quantities of hazardous waste, that constitutes an 18,519
imminent and substantial threat to public health or safety or the 18,520
environment; and, from July 1, 1997 1999, through June 30, 1999 18,522
2001, for the purposes of paying the costs of administering and 18,523
enforcing the laws pertaining to solid wastes, infectious wastes, 18,524
and construction and demolition debris, including, without 18,525
limitation, ground water evaluations related to solid wastes, 18,526
infectious wastes, and construction and demolition debris, under 18,527
this chapter and Chapter 3714. of the Revised Code and any rules 18,528
adopted under them, and paying a share of the administrative 18,529
costs of the environmental protection agency pursuant to section 18,530
3745.014 of the Revised Code, the following fees are hereby 18,531
levied on the disposal of solid wastes in this state: 18,532
(1) One dollar per ton on and after July 1, 1993; 18,534
(2) An additional seventy-five cents per ton on and after 18,537
July 1, 1997 1999, through June 30, 1999 2001. 18,538
The owner or operator of a solid waste disposal facility 18,540
shall collect the fees levied under this division as a trustee 18,541
for the state and shall prepare and file with the director of 18,542
environmental protection monthly returns indicating the total 18,543
tonnage of solid wastes received for disposal at the gate of the 18,544
facility and the total amount of the fees collected under this 18,545
division. Not later than thirty days after the last day of the 18,546
month to which such a return applies, the owner or operator shall 18,547
mail to the director the return for that month together with the 18,548
fees collected during that month as indicated on the return. The 18,549
owner or operator may request an extension of not more than 18,550
thirty days for filing the return and remitting the fees, 18,551
provided that the owner or operator has submitted such a request 18,553
in writing to the director together with a detailed description 18,554
of why the extension is requested, the director has received the 18,555
request not later than the day on which the return is required to 18,556
432
be filed, and the director has approved the request. If the fees 18,557
are not remitted within sixty days after the last day of the 18,558
month during which they were collected, the owner or operator 18,559
shall pay an additional fifty per cent of the amount of the fees 18,560
for each month that they are late. 18,561
One-half of the moneys remitted to the director under 18,563
division (A)(1) of this section shall be credited to the 18,564
hazardous waste facility management fund created in section 18,565
3734.18 of the Revised Code, and one-half shall be credited to 18,566
the hazardous waste clean-up fund created in section 3734.28 of 18,567
the Revised Code. The moneys remitted to the director under 18,568
division (A)(2) of this section shall be credited to the solid 18,569
waste fund, which is hereby created in the state treasury. The 18,570
environmental protection agency shall use moneys in the solid 18,571
waste fund only to pay the costs of administering and enforcing 18,572
the laws pertaining to solid wastes, infectious wastes, and 18,573
construction and demolition debris, including, without 18,574
limitation, ground water evaluations related to solid wastes, 18,575
infectious wastes, and construction and demolition debris, under 18,576
this chapter and Chapter 3714. of the Revised Code and rules 18,577
adopted under them and to pay a share of the administrative costs 18,579
of the environmental protection agency pursuant to section 18,580
3745.014 of the Revised Code. 18,581
The fees levied under this division and divisions (B) and 18,583
(C) of this section are in addition to all other applicable fees 18,584
and taxes and shall be added to any other fee or amount specified 18,585
in a contract that is charged by the owner or operator of a solid 18,586
waste disposal facility or to any other fee or amount that is 18,587
specified in a contract entered into on or after March 4, 1992, 18,588
and that is charged by a transporter of solid wastes. 18,589
(B) For the purpose of preparing, revising, and 18,591
implementing the solid waste management plan of the county or 18,592
joint solid waste management district, including, without 18,593
limitation, the development and implementation of solid waste 18,594
433
recycling or reduction programs; providing financial assistance 18,595
to boards of health within the district, if solid waste 18,596
facilities are located within the district, for the enforcement 18,597
of this chapter and rules adopted and orders and terms and 18,599
conditions of permits, licenses, and variances issued under it, 18,600
other than the hazardous waste provisions of this chapter and 18,601
rules adopted and orders and terms and conditions of permits 18,602
issued under those provisions; providing financial assistance to 18,604
the county to defray the added costs of maintaining roads and 18,605
other public facilities and of providing emergency and other 18,606
public services resulting from the location and operation of a 18,607
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 18,608
by boards of health for collecting and analyzing water samples 18,609
from public or private wells on lands adjacent to solid waste 18,610
facilities that are contained in the approved or amended plan of 18,611
the district; paying the costs of developing and implementing a 18,612
program for the inspection of solid wastes generated outside the 18,613
boundaries of this state that are disposed of at solid waste 18,614
facilities included in the district's approved solid waste 18,615
management plan or amended plan; providing financial assistance 18,616
to boards of health within the district for enforcing laws 18,617
prohibiting open dumping; providing financial assistance to local 18,618
law enforcement agencies within the district for enforcing laws 18,619
and ordinances prohibiting littering; providing financial 18,620
assistance to boards of health of health districts within the 18,621
district that are on the approved list under section 3734.08 of 18,622
the Revised Code for the training and certification required for 18,623
their employees responsible for solid waste enforcement by rules 18,624
adopted under division (L) of section 3734.02 of the Revised 18,625
Code; providing financial assistance to individual municipal 18,626
corporations and townships within the district to defray their 18,627
added costs of maintaining roads and other public facilities and 18,628
of providing emergency and other public services resulting from 18,629
434
the location and operation within their boundaries of a 18,630
composting, energy or resource recovery, incineration, or 18,631
recycling facility that either is owned by the district or is 18,632
furnishing solid waste management facility or recycling services 18,633
to the district pursuant to a contract or agreement with the 18,634
board of county commissioners or directors of the district; and 18,635
payment of any expenses that are agreed to, awarded, or ordered 18,636
to be paid under section 3734.35 of the Revised Code and of any 18,638
administrative costs incurred pursuant to that section, the solid 18,639
waste management policy committee of a county or joint solid 18,640
waste management district may levy fees upon the following
activities: 18,641
(1) The disposal at a solid waste disposal facility 18,643
located in the district of solid wastes generated within the 18,644
district; 18,645
(2) The disposal at a solid waste disposal facility within 18,647
the district of solid wastes generated outside the boundaries of 18,648
the district, but inside this state; 18,649
(3) The disposal at a solid waste disposal facility within 18,651
the district of solid wastes generated outside the boundaries of 18,652
this state. 18,653
If any such fees are levied prior to January 1, 1994, fees 18,655
levied under division (B)(1) of this section always shall be 18,656
equal to one-half of the fees levied under division (B)(2) of 18,657
this section, and fees levied under division (B)(3) of this 18,658
section, which shall be in addition to fees levied under division 18,659
(B)(2) of this section, always shall be equal to fees levied 18,660
under division (B)(1) of this section, except as otherwise 18,661
provided in this division. The solid waste management plan of 18,662
the county or joint district approved under section 3734.521 or 18,663
3734.55 of the Revised Code and any amendments to it, or the 18,664
resolution adopted under this division, as appropriate, shall 18,665
establish the rates of the fees levied under divisions (B)(1), 18,666
(2), and (3) of this section, if any, and shall specify whether 18,667
435
the fees are levied on the basis of tons or cubic yards as the 18,668
unit of measurement. Although the fees under divisions (A)(1) 18,669
and (2) of this section are levied on the basis of tons as the 18,670
unit of measurement, the solid waste management plan of the 18,671
district and any amendments to it or the solid waste management 18,672
policy committee in its resolution levying fees under this 18,673
division may direct that the fees levied under those divisions be 18,674
levied on the basis of cubic yards as the unit of measurement 18,675
based upon a conversion factor of three cubic yards per ton 18,676
generally or one cubic yard per ton for baled wastes if the fees 18,677
under divisions (B)(1) to (3) of this section are being levied on 18,678
the basis of cubic yards as the unit of measurement under the 18,679
plan, amended plan, or resolution. 18,680
On and after January 1, 1994, the fee levied under division 18,682
(B)(1) of this section shall be not less than one dollar per ton 18,683
nor more than two dollars per ton, the fee levied under division 18,684
(B)(2) of this section shall be not less than two dollars per ton 18,685
nor more than four dollars per ton, and the fee levied under 18,686
division (B)(3) of this section shall be not more than the fee 18,687
levied under division (B)(1) of this section, except as otherwise 18,688
provided in this division and notwithstanding any schedule of 18,689
those fees established in the solid waste management plan of a 18,690
county or joint district approved under section 3734.55 of the 18,691
Revised Code or a resolution adopted and ratified under this 18,692
division that is in effect on that date. If the fee that a 18,693
district is levying under division (B)(1) of this section on that 18,694
date under its approved plan or such a resolution is less than 18,695
one dollar per ton, the fee shall be one dollar per ton on and 18,696
after January 1, 1994, and if the fee that a district is so 18,697
levying under that division exceeds two dollars per ton, the fee 18,698
shall be two dollars per ton on and after that date. If the fee 18,699
that a district is so levying under division (B)(2) of this 18,700
section is less than two dollars per ton, the fee shall be two 18,701
dollars per ton on and after that date, and if the fee that the 18,702
436
district is so levying under that division exceeds four dollars 18,703
per ton, the fee shall be four dollars per ton on and after that 18,704
date. On that date, the fee levied by a district under division 18,705
(B)(3) of this section shall be equal to the fee levied under 18,706
division (B)(1) of this section. Except as otherwise provided in 18,707
this division, the fees established by the operation of this 18,708
amendment shall remain in effect until the district's resolution 18,709
levying fees under this division is amended or repealed in 18,710
accordance with this division to amend or abolish the schedule of 18,711
fees, the schedule of fees is amended or abolished in an amended 18,712
plan of the district approved under section 3734.521 or division 18,713
(A) or (D) of section 3734.56 of the Revised Code, or the 18,714
schedule of fees is amended or abolished through an amendment to 18,715
the district's plan under division (E) of section 3734.56 of the 18,716
Revised Code; the notification of the amendment or abolishment of 18,717
the fees has been given in accordance with this division; and 18,718
collection of the amended fees so established commences, or 18,719
collection of the fees ceases, in accordance with this division. 18,720
The solid waste management policy committee of a district 18,722
levying fees under divisions (B)(1) to (3) of this section on 18,724
October 29, 1993, under its solid waste management plan approved 18,725
under section 3734.55 of the Revised Code or a resolution adopted 18,727
and ratified under this division that are within the ranges of 18,728
rates prescribed by this amendment, by adoption of a resolution 18,729
not later than December 1, 1993, and without the necessity for 18,730
ratification of the resolution under this division, may amend 18,731
those fees within the prescribed ranges, provided that the 18,732
estimated revenues from the amended fees will not substantially 18,733
exceed the estimated revenues set forth in the district's budget 18,734
for calendar year 1994. Not later than seven days after the 18,735
adoption of such a resolution, the committee shall notify by 18,736
certified mail the owner or operator of each solid waste disposal 18,737
facility that is required to collect the fees of the adoption of 18,738
the resolution and of the amount of the amended fees. Collection 18,739
437
of the amended fees shall take effect on the first day of the 18,740
first month following the month in which the notification is sent 18,741
to the owner or operator. The fees established in such a 18,742
resolution shall remain in effect until the district's resolution 18,743
levying fees that was adopted and ratified under this division is 18,744
amended or repealed, and the amendment or repeal of the 18,745
resolution is ratified, in accordance with this division, to 18,746
amend or abolish the fees, the schedule of fees is amended or 18,747
abolished in an amended plan of the district approved under 18,748
section 3734.521 or division (A) or (D) of section 3734.56 of the 18,749
Revised Code, or the schedule of fees is amended or abolished 18,750
through an amendment to the district's plan under division (E) of 18,751
section 3734.56 of the Revised Code; the notification of the 18,752
amendment or abolishment of the fees has been given in accordance 18,753
with this division; and collection of the amended fees so 18,754
established commences, or collection of the fees ceases, in 18,755
accordance with this division.
Prior to the approval of the solid waste management plan of 18,757
the district under section 3734.55 of the Revised Code, the solid 18,758
waste management policy committee of a district may levy fees 18,759
under this division by adopting a resolution establishing the 18,760
proposed amount of the fees. Upon adopting the resolution, the 18,761
committee shall deliver a copy of the resolution to the board of 18,762
county commissioners of each county forming the district and to 18,763
the legislative authority of each municipal corporation and 18,764
township under the jurisdiction of the district and shall prepare 18,765
and publish the resolution and a notice of the time and location 18,766
where a public hearing on the fees will be held. Upon adopting 18,767
the resolution, the committee shall deliver written notice of the 18,768
adoption of the resolution; of the amount of the proposed fees; 18,769
and of the date, time, and location of the public hearing to the 18,770
director and to the fifty industrial, commercial, or 18,771
institutional generators of solid wastes within the district that 18,772
generate the largest quantities of solid wastes, as determined by 18,773
438
the committee, and to their local trade associations. The 18,774
committee shall make good faith efforts to identify those 18,775
generators within the district and their local trade 18,776
associations, but the nonprovision of notice under this division 18,777
to a particular generator or local trade association does not 18,778
invalidate the proceedings under this division. The publication 18,779
shall occur at least thirty days before the hearing. After the 18,780
hearing, the committee may make such revisions to the proposed 18,781
fees as it considers appropriate and thereafter, by resolution, 18,782
shall adopt the revised fee schedule. Upon adopting the revised 18,783
fee schedule, the committee shall deliver a copy of the 18,784
resolution doing so to the board of county commissioners of each 18,785
county forming the district and to the legislative authority of 18,786
each municipal corporation and township under the jurisdiction of 18,787
the district. Within sixty days after the delivery of a copy of 18,788
the resolution adopting the proposed revised fees by the policy 18,789
committee, each such board and legislative authority, by 18,790
ordinance or resolution, shall approve or disapprove the revised 18,791
fees and deliver a copy of the ordinance or resolution to the 18,792
committee. If any such board or legislative authority fails to 18,793
adopt and deliver to the policy committee an ordinance or 18,794
resolution approving or disapproving the revised fees within 18,795
sixty days after the policy committee delivered its resolution 18,796
adopting the proposed revised fees, it shall be conclusively 18,797
presumed that the board or legislative authority has approved the 18,798
proposed revised fees. 18,799
In the case of a county district or a joint district formed 18,801
by two or three counties, the committee shall declare the 18,802
proposed revised fees to be ratified as the fee schedule of the 18,803
district upon determining that the board of county commissioners 18,804
of each county forming the district has approved the proposed 18,805
revised fees and that the legislative authorities of a 18,806
combination of municipal corporations and townships with a 18,807
combined population within the district comprising at least sixty 18,808
439
per cent of the total population of the district have approved 18,809
the proposed revised fees, provided that in the case of a county 18,810
district, that combination shall include the municipal 18,811
corporation having the largest population within the boundaries 18,812
of the district, and provided further that in the case of a joint 18,813
district formed by two or three counties, that combination shall 18,814
include for each county forming the joint district the municipal 18,815
corporation having the largest population within the boundaries 18,816
of both the county in which the municipal corporation is located 18,817
and the joint district. In the case of a joint district formed 18,818
by four or more counties, the committee shall declare the 18,819
proposed revised fees to be ratified as the fee schedule of the 18,820
joint district upon determining that the boards of county 18,821
commissioners of a majority of the counties forming the district 18,822
have approved the proposed revised fees; that, in each of a 18,823
majority of the counties forming the joint district, the proposed 18,824
revised fees have been approved by the municipal corporation 18,825
having the largest population within the county and the joint 18,826
district; and that the legislative authorities of a combination 18,827
of municipal corporations and townships with a combined 18,828
population within the joint district comprising at least sixty 18,829
per cent of the total population of the joint district have 18,830
approved the proposed revised fees. 18,831
For the purposes of this division, only the population of 18,833
the unincorporated area of a township shall be considered. For 18,834
the purpose of determining the largest municipal corporation 18,835
within each county under this division, a municipal corporation 18,836
that is located in more than one solid waste management district, 18,837
but that is under the jurisdiction of one county or joint solid 18,838
waste management district in accordance with division (A) of 18,839
section 3734.52 of the Revised Code shall be considered to be 18,840
within the boundaries of the county in which a majority of the 18,841
population of the municipal corporation resides. 18,842
The committee may amend the schedule of fees levied 18,844
440
pursuant to a resolution or amended resolution adopted and 18,845
ratified under this division by adopting a resolution 18,846
establishing the proposed amount of the amended fees. The 18,847
committee may abolish the fees levied pursuant to such a 18,848
resolution or amended resolution by adopting a resolution 18,849
proposing to repeal them. Upon adopting such a resolution, the 18,850
committee shall proceed to obtain ratification of the resolution 18,851
in accordance with this division. 18,852
Not later than fourteen days after declaring the fees or 18,854
amended fees to be ratified under this division, the committee 18,855
shall notify by certified mail the owner or operator of each 18,856
solid waste disposal facility that is required to collect the 18,857
fees of the ratification and the amount of the fees. Collection 18,858
of any fees or amended fees ratified on or after March 24, 1992, 18,859
shall commence on the first day of the second month following the 18,860
month in which notification is sent to the owner or operator. 18,861
Not later than fourteen days after declaring the repeal of 18,863
the district's schedule of fees to be ratified under this 18,864
division, the committee shall notify by certified mail the owner 18,865
or operator of each facility that is collecting the fees of the 18,866
repeal. Collection of the fees shall cease on the first day of 18,867
the second month following the month in which notification is 18,868
sent to the owner or operator. 18,869
Not later than fourteen days after the director issues an 18,871
order approving a district's solid waste management plan under 18,872
section 3734.55 of the Revised Code or amended plan under 18,873
division (A) or (D) of section 3734.56 of the Revised Code that 18,874
establishes or amends a schedule of fees levied by the district, 18,875
or the ratification of an amendment to the district's approved 18,876
plan or amended plan under division (E) of section 3734.56 of the 18,877
Revised Code that establishes or amends a schedule of fees, as 18,878
appropriate, the committee shall notify by certified mail the 18,879
owner or operator of each solid waste disposal facility that is 18,880
required to collect the fees of the approval of the plan or 18,881
441
amended plan, or the amendment to the plan, as appropriate, and 18,882
the amount of the fees or amended fees. In the case of an 18,883
initial or amended plan approved under section 3734.521 of the 18,884
Revised Code in connection with a change in district composition, 18,885
other than one involving the withdrawal of a county from a joint 18,886
district, that establishes or amends a schedule of fees levied 18,887
under divisions (B)(1) to (3) of this section by a district 18,888
resulting from the change, the committee, within fourteen days 18,889
after the change takes effect pursuant to division (G) of that 18,890
section, shall notify by certified mail the owner or operator of 18,891
each solid waste disposal facility that is required to collect 18,892
the fees that the change has taken effect and of the amount of 18,893
the fees or amended fees. Collection of any fees set forth in a 18,894
plan or amended plan approved by the director on or after April 18,895
16, 1993, or an amendment of a plan or amended plan under 18,896
division (E) of section 3734.56 of the Revised Code that is 18,897
ratified on or after April 16, 1993, shall commence on the first 18,898
day of the second month following the month in which notification 18,899
is sent to the owner or operator. 18,900
Not later than fourteen days after the director issues an 18,902
order approving a district's plan under section 3734.55 of the 18,903
Revised Code or amended plan under division (A) or (D) of section 18,904
3734.56 of the Revised Code that abolishes the schedule of fees 18,905
levied under divisions (B)(1) to (3) of this section, or an 18,906
amendment to the district's approved plan or amended plan 18,907
abolishing the schedule of fees is ratified pursuant to division 18,908
(E) of section 3734.56 of the Revised Code, as appropriate, the 18,909
committee shall notify by certified mail the owner or operator of 18,910
each facility that is collecting the fees of the approval of the 18,911
plan or amended plan, or the amendment of the plan or amended 18,912
plan, as appropriate, and the abolishment of the fees. In the 18,913
case of an initial or amended plan approved under section 18,914
3734.521 of the Revised Code in connection with a change in 18,915
district composition, other than one involving the withdrawal of 18,916
442
a county from a joint district, that abolishes the schedule of 18,917
fees levied under divisions (B)(1) to (3) of this section by a 18,918
district resulting from the change, the committee, within 18,919
fourteen days after the change takes effect pursuant to division 18,920
(G) of that section, shall notify by certified mail the owner or 18,921
operator of each solid waste disposal facility that is required 18,922
to collect the fees that the change has taken effect and of the 18,923
abolishment of the fees. Collection of the fees shall cease on 18,924
the first day of the second month following the month in which 18,925
notification is sent to the owner or operator. 18,926
Except as otherwise provided in this division, if the 18,928
schedule of fees that a district is levying under divisions 18,929
(B)(1) to (3) of this section pursuant to a resolution or amended 18,930
resolution adopted and ratified under this division, the solid 18,931
waste management plan of the district approved under section 18,932
3734.55 of the Revised Code, an amended plan approved under 18,933
division (A) or (D) of section 3734.56 of the Revised Code, or an 18,934
amendment to the district's approved plan or amended plan under 18,935
division (E) of section 3734.56 of the Revised Code, is amended 18,936
by the adoption and ratification of an amendment to the 18,937
resolution or amended resolution or an amendment of the 18,938
district's approved plan or amended plan, the fees in effect 18,939
immediately prior to the approval of the plan or the amendment of 18,940
the resolution, amended resolution, plan, or amended plan, as 18,941
appropriate, shall continue to be collected until collection of 18,942
the amended fees commences pursuant to this division. 18,943
If, in the case of a change in district composition 18,945
involving the withdrawal of a county from a joint district, the 18,946
director completes the actions required under division (G)(1) or 18,947
(3) of section 3734.521 of the Revised Code, as appropriate, 18,948
forty-five days or more before the beginning of a calendar year, 18,949
the policy committee of each of the districts resulting from the 18,950
change that obtained the director's approval of an initial or 18,951
amended plan in connection with the change, within fourteen days 18,952
443
after the director's completion of the required actions, shall 18,953
notify by certified mail the owner or operator of each solid 18,954
waste disposal facility that is required to collect the 18,955
district's fees that the change is to take effect on the first 18,956
day of January immediately following the issuance of the notice 18,957
and of the amount of the fees or amended fees levied under 18,958
divisions (B)(1) to (3) of this section pursuant to the 18,959
district's initial or amended pan PLAN as so approved or, if 18,960
appropriate, the abolishment of the district's fees by that 18,961
initial or amended plan. Collection of any fees set forth in 18,962
such a plan or amended plan shall commence on the first day of 18,963
January immediately following the issuance of the notice. If 18,964
such an initial or amended plan abolishes a schedule of fees, 18,965
collection of the fees shall cease on that first day of January. 18,966
If, in the case of a change in district composition 18,968
involving the withdrawal of a county from a joint district, the 18,969
director completes the actions required under division (G)(1) or 18,970
(3) of section 3734.521 of the Revised Code, as appropriate, less 18,971
than forty-five days before the beginning of a calendar year, the 18,972
director, on behalf of each of the districts resulting from the 18,973
change that obtained the director's approval of an initial or 18,974
amended plan in connection with the change proceedings, shall 18,975
notify by certified mail the owner or operator of each solid 18,976
waste disposal facility that is required to collect the 18,977
district's fees that the change is to take effect on the first 18,978
day of January immediately following the mailing of the notice 18,979
and of the amount of the fees or amended fees levied under 18,980
divisions (B)(1) to (3) of this section pursuant to the 18,981
district's initial or amended plan as so approved or, if 18,982
appropriate, the abolishment of the district's fees by that 18,983
initial or amended plan. Collection of any fees set forth in 18,984
such a plan or amended plan shall commence on the first day of 18,985
the second month following the month in which notification is 18,986
sent to the owner or operator. If such an initial or amended 18,987
444
plan abolishes a schedule of fees, collection of the fees shall 18,988
cease on the first day of the second month following the month in 18,989
which notification is sent to the owner or operator. 18,990
In the case of a change in district composition, the 18,992
schedule of fees that the former districts that existed prior to 18,993
the change were levying under divisions (B)(1) to (3) of this 18,994
section pursuant to a resolution or amended resolution adopted 18,995
and ratified under this division, the solid waste management plan 18,996
of a former district approved under section 3734.521 or 3734.55 18,997
of the Revised Code, an amended plan approved under section 18,998
3734.521 or division (A) or (D) of section 3734.56 of the Revised 18,999
Code, or an amendment to a former district's approved plan or 19,000
amended plan under division (E) of section 3734.56 of the Revised 19,001
Code, and that were in effect on the date that the director 19,002
completed the actions required under division (G)(1) or (3) of 19,003
section 3734.521 of the Revised Code shall continue to be 19,004
collected until the collection of the fees or amended fees of the 19,005
districts resulting from the change is required to commence, or 19,006
if an initial or amended plan of a resulting district abolishes a 19,007
schedule of fees, collection of the fees is required to cease, 19,008
under this division. Moneys so received from the collection of 19,009
the fees of the former districts shall be divided among the 19,010
resulting districts in accordance with division (B) of section 19,011
343.012 of the Revised Code and the agreements entered into under 19,012
division (B) of section 343.01 of the Revised Code to establish 19,013
the former and resulting districts and any amendments to those 19,014
agreements. 19,015
For the purposes of the provisions of division (B) of this 19,017
section establishing the times when newly established or amended 19,018
fees levied by a district are required to commence and the 19,019
collection of fees that have been amended or abolished is 19,020
required to cease, "fees" or "schedule of fees" includes, in 19,021
addition to fees levied under divisions (B)(1) to (3) of this 19,022
section, those levied under section 3734.573 or 3734.574 of the 19,023
445
Revised Code. 19,024
(C) For the purposes of defraying the added costs to a 19,026
municipal corporation or township of maintaining roads and other 19,027
public facilities and of providing emergency and other public 19,028
services, and compensating a municipal corporation or township 19,029
for reductions in real property tax revenues due to reductions in 19,030
real property valuations resulting from the location and 19,031
operation of a solid waste disposal facility within the municipal 19,032
corporation or township, a municipal corporation or township in 19,033
which such a solid waste disposal facility is located may levy a 19,034
fee of not more than twenty-five cents per ton on the disposal of 19,035
solid wastes at a solid waste disposal facility located within 19,036
the boundaries of the municipal corporation or township 19,037
regardless of where the wastes were generated. 19,038
The legislative authority of a municipal corporation or 19,040
township may levy fees under this division by enacting an 19,041
ordinance or adopting a resolution establishing the amount of the 19,042
fees. Upon so doing the legislative authority shall mail a 19,043
certified copy of the ordinance or resolution to the board of 19,044
county commissioners or directors of the county or joint solid 19,045
waste management district in which the municipal corporation or 19,046
township is located or, if a regional solid waste management 19,047
authority has been formed under section 343.011 of the Revised 19,048
Code, to the board of trustees of that regional authority, the 19,049
owner or operator of each solid waste disposal facility in the 19,050
municipal corporation or township that is required to collect the 19,051
fee by the ordinance or resolution, and the director of 19,052
environmental protection. Although the fees levied under this 19,053
division are levied on the basis of tons as the unit of 19,054
measurement, the legislative authority, in its ordinance or 19,055
resolution levying the fees under this division, may direct that 19,056
the fees be levied on the basis of cubic yards as the unit of 19,057
measurement based upon a conversion factor of three cubic yards 19,058
per ton generally or one cubic yard per ton for baled wastes. 19,059
446
Not later than five days after enacting an ordinance or 19,061
adopting a resolution under this division, the legislative 19,062
authority shall so notify by certified mail the owner or operator 19,063
of each solid waste disposal facility that is required to collect 19,064
the fee. Collection of any fee levied on or after March 24, 19,065
1992, shall commence on the first day of the second month 19,066
following the month in which notification is sent to the owner or 19,067
operator. 19,068
(D)(1) The fees levied under divisions (A), (B), and (C) 19,070
of this section do not apply to the disposal of solid wastes 19,072
that:
(a) Are disposed of at a facility owned by the generator 19,074
of the wastes when the solid waste facility exclusively disposes 19,075
of solid wastes generated at one or more premises owned by the 19,076
generator regardless of whether the facility is located on a 19,077
premises where the wastes are generated; 19,078
(b) Are disposed of at facilities that exclusively dispose 19,080
of wastes that are generated from the combustion of coal, or from 19,081
the combustion of primarily coal in combination with scrap tires, 19,082
that is not combined in any way with garbage at one or more 19,083
premises owned by the generator. 19,084
(2) Except as provided in section 3734.571 of the Revised 19,086
Code, any fees levied under division (B)(1) of this section apply 19,087
to solid wastes originating outside the boundaries of a county or 19,088
joint district that are covered by an agreement for the joint use 19,089
of solid waste facilities entered into under section 343.02 of 19,090
the Revised Code by the board of county commissioners or board of 19,091
directors of the county or joint district where the wastes are 19,092
generated and disposed of. 19,093
(3) When solid wastes, other than solid wastes that 19,095
consist of scrap tires, are burned in a disposal facility that is 19,096
an incinerator or energy recovery facility, the fees levied under 19,097
divisions (A), (B), and (C) of this section shall be levied upon 19,099
the disposal of the fly ash and bottom ash remaining after 19,100
447
burning of the solid wastes and shall be collected by the owner 19,101
or operator of the sanitary landfill where the ash is disposed 19,102
of.
(4) When solid wastes are delivered to a solid waste 19,104
transfer facility, the fees levied under divisions (A), (B), and 19,105
(C) of this section shall be levied upon the disposal of solid 19,107
wastes transported off the premises of the transfer facility for 19,108
disposal and shall be collected by the owner or operator of the 19,109
solid waste disposal facility where the wastes are disposed of. 19,110
(5) The fees levied under divisions (A), (B), and (C) of 19,112
this section do not apply to sewage sludge that is generated by a 19,113
waste water treatment facility holding a national pollutant 19,114
discharge elimination system permit and that is disposed of 19,115
through incineration, land application, or composting or at 19,116
another resource recovery or disposal facility that is not a 19,117
landfill. 19,118
(6) The fees levied under divisions (A), (B), and (C) of 19,120
this section do not apply to solid wastes delivered to a solid 19,121
waste composting facility for processing. When any unprocessed 19,122
solid waste or compost product is transported off the premises of 19,123
a composting facility and disposed of at a landfill, the fees 19,124
levied under divisions (A), (B), and (C) of this section shall be 19,125
collected by the owner or operator of the landfill where the 19,126
unprocessed waste or compost product is disposed of. 19,127
(7) When solid wastes that consist of scrap tires are 19,129
processed at a scrap tire recovery facility, the fees levied 19,130
under divisions (A), (B), and (C) of this section shall be levied 19,132
upon the disposal of the fly ash and bottom ash or other solid 19,133
wastes remaining after the processing of the scrap tires and 19,134
shall be collected by the owner or operator of the solid waste 19,135
disposal facility where the ash or other solid wastes are 19,136
disposed of.
(E) The fees levied under divisions (B) and (C) of this 19,139
section shall be collected by the owner or operator of the solid 19,140
448
waste disposal facility where the wastes are disposed of as a 19,141
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 19,142
from the fees levied under division (B) of this section shall be 19,144
forwarded to the board of county commissioners or board of 19,145
directors of the district in accordance with rules adopted under 19,146
division (H) of this section. Moneys from the fees levied under 19,147
division (C) of this section shall be forwarded to the treasurer 19,148
or such other officer of the municipal corporation as, by virtue 19,149
of the charter, has the duties of the treasurer or to the clerk 19,150
of the township, as appropriate, in accordance with those rules. 19,151
(F) Moneys received by the treasurer or such other officer 19,153
of the municipal corporation under division (E) of this section 19,154
shall be paid into the general fund of the municipal corporation. 19,155
Moneys received by the clerk of the township under that division 19,156
shall be paid into the general fund of the township. The 19,157
treasurer or such other officer of the municipal corporation or 19,158
the clerk, as appropriate, shall maintain separate records of the 19,159
moneys received from the fees levied under division (C) of this 19,160
section. 19,161
(G) Moneys received by the board of county commissioners 19,163
or board of directors under division (E) of this section or 19,164
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 19,165
Code shall be paid to the county treasurer, or other official 19,166
acting in a similar capacity under a county charter, in a county 19,167
district or to the county treasurer or other official designated 19,168
by the board of directors in a joint district and kept in a 19,169
separate and distinct fund to the credit of the district. If a 19,170
regional solid waste management authority has been formed under 19,171
section 343.011 of the Revised Code, moneys received by the board 19,172
of trustees of that regional authority under division (E) of this 19,173
section shall be kept by the board in a separate and distinct 19,174
fund to the credit of the district. Moneys in the special fund 19,175
of the county or joint district arising from the fees levied 19,176
449
under division (B) of this section and the fee levied under 19,178
division (A) of section 3734.573 of the Revised Code shall be 19,179
expended by the board of county commissioners or directors of the 19,180
district in accordance with the district's solid waste management 19,181
plan or amended plan approved under section 3734.521, 3734.55, or 19,182
3734.56 of the Revised Code exclusively for the following 19,183
purposes:
(1) Preparation of the solid waste management plan of the 19,185
district under section 3734.54 of the Revised Code, monitoring 19,186
implementation of the plan, and conducting the periodic review 19,187
and amendment of the plan required by section 3734.56 of the 19,188
Revised Code by the solid waste management policy committee; 19,189
(2) Implementation of the approved solid waste management 19,191
plan or amended plan of the district, including, without 19,192
limitation, the development and implementation of solid waste 19,193
recycling or reduction programs; 19,194
(3) Providing financial assistance to boards of health 19,196
within the district, if solid waste facilities are located within 19,197
the district, for enforcement of this chapter and rules, orders, 19,198
and terms and conditions of permits, licenses, and variances 19,200
adopted or issued under it, other than the hazardous waste 19,201
provisions of this chapter and rules adopted and orders and terms 19,202
and conditions of permits issued under those provisions; 19,204
(4) Providing financial assistance to each county within 19,206
the district to defray the added costs of maintaining roads and 19,207
other public facilities and of providing emergency and other 19,208
public services resulting from the location and operation of a 19,209
solid waste facility within the county under the district's 19,210
approved solid waste management plan or amended plan; 19,211
(5) Pursuant to contracts entered into with boards of 19,213
health within the district, if solid waste facilities contained 19,214
in the district's approved plan or amended plan are located 19,215
within the district, for paying the costs incurred by those 19,216
boards of health for collecting and analyzing samples from public 19,217
450
or private water wells on lands adjacent to those facilities; 19,218
(6) Developing and implementing a program for the 19,220
inspection of solid wastes generated outside the boundaries of 19,221
this state that are disposed of at solid waste facilities 19,222
included in the district's approved solid waste management plan 19,223
or amended plan; 19,224
(7) Providing financial assistance to boards of health 19,226
within the district for the enforcement of section 3734.03 of the 19,227
Revised Code or to local law enforcement agencies having 19,228
jurisdiction within the district for enforcing anti-littering 19,229
laws and ordinances; 19,230
(8) Providing financial assistance to boards of health of 19,232
health districts within the district that are on the approved 19,233
list under section 3734.08 of the Revised Code to defray the 19,234
costs to the health districts for the participation of their 19,235
employees responsible for enforcement of the solid waste 19,236
provisions of this chapter and rules adopted and orders and terms 19,237
and conditions of permits, licenses, and variances issued under 19,238
those provisions in the training and certification program as 19,239
required by rules adopted under division (L) of section 3734.02 19,240
of the Revised Code; 19,241
(9) Providing financial assistance to individual municipal 19,243
corporations and townships within the district to defray their 19,244
added costs of maintaining roads and other public facilities and 19,245
of providing emergency and other public services resulting from 19,246
the location and operation within their boundaries of a 19,247
composting, energy or resource recovery, incineration, or 19,248
recycling facility that either is owned by the district or is 19,249
furnishing solid waste management facility or recycling services 19,250
to the district pursuant to a contract or agreement with the 19,251
board of county commissioners or directors of the district; 19,252
(10) Payment of any expenses that are agreed to, awarded, 19,254
or ordered to be paid under section 3734.35 of the Revised Code 19,255
and of any administrative costs incurred pursuant to that 19,256
451
section. In the case of a joint solid waste management district, 19,257
if the board of county commissioners of one of the counties in 19,258
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 19,259
the approval of the board of directors of the district in order 19,260
to expend moneys for administrative costs incurred. 19,261
Prior to the approval of the district's solid waste 19,263
management plan under section 3734.55 of the Revised Code, moneys 19,264
in the special fund of the district arising from the fees shall 19,266
be expended for those purposes in the manner prescribed by the 19,268
solid waste management policy committee by resolution. 19,269
Notwithstanding division (G)(6) of this section as it 19,272
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 19,275
with division (B)(2)(e) of section 3734.53 of the Revised Code as 19,276
it existed prior to that date, any moneys arising from the fees 19,277
levied under division (B)(3) of this section prior to January 1, 19,278
1994, may be expended for any of the purposes authorized in 19,279
divisions (G)(1) to (10) of this section. 19,280
(H) The director shall adopt rules in accordance with 19,283
Chapter 119. of the Revised Code prescribing procedures for 19,284
collecting and forwarding the fees levied under divisions (B) and 19,285
(C) of this section to the boards of county commissioners or 19,286
directors of county or joint solid waste management districts and 19,287
to the treasurers or other officers of municipal corporations or 19,288
to the clerks of townships. The rules also shall prescribe the 19,289
dates for forwarding the fees to the boards and officials and may 19,290
prescribe any other requirements the director considers necessary 19,291
or appropriate to implement and administer divisions (A), (B), 19,292
and (C) of this section. Collection of the fees levied under 19,293
division (A)(1) of this section shall commence on July 1, 1993. 19,294
Collection of the fees levied under division (A)(2) of this 19,296
section shall commence on January 1, 1994. 19,297
Sec. 3734.82. (A) The annual fee for a scrap tire 19,306
452
recovery facility license issued under section 3734.81 of the 19,307
Revised Code shall be in accordance with the following schedule: 19,308
Daily Design Input Annual License 19,310
Capacity (Tons) Fee 19,311
1 or less $ 100 19,312
2 to 25 500 19,313
26 to 50 1,000 19,314
51 to 100 1,500 19,315
101 to 200 2,500 19,316
201 to 500 3,500 19,317
501 or more 5,500 19,318
For the purpose of determining the applicable license fee 19,321
under this division, the daily design input capacity shall be the 19,322
quantity of scrap tires the facility is designed to process daily 19,323
as set forth in the registration certificate or permit for the 19,324
facility, and any modifications to the permit, if applicable, 19,325
issued under section 3734.78 of the Revised Code. 19,326
(B) The annual fee for a scrap tire monocell or monofill 19,328
facility license shall be in accordance with the following 19,329
schedule: 19,330
Authorized Maximum Annual License 19,332
Daily Waste Receipt Fee 19,333
(Tons) 19,334
100 or less $ 5,000 19,335
101 to 200 12,500 19,336
201 to 500 30,000 19,337
501 or more 60,000 19,338
For the purpose of determining the applicable license fee 19,341
under this division, the authorized maximum daily waste receipt 19,342
shall be the maximum amount of scrap tires the facility is 19,343
authorized to receive daily that is established in the permit for 19,344
the facility, and any modification to that permit, issued under 19,345
section 3734.77 of the Revised Code. 19,346
(C)(1) Except as otherwise provided in division (C)(2) of 19,348
453
this section, the annual fee for a scrap tire storage facility 19,349
license shall equal one thousand dollars times the number of 19,350
acres on which scrap tires are to be stored at the facility 19,351
during the license year, as set forth on the application for the 19,352
annual license, except that the total annual license fee for any 19,353
such facility shall not exceed three thousand dollars. 19,354
(2) The annual fee for a scrap tire storage facility 19,356
license for a storage facility that is owned or operated by a 19,357
motor vehicle salvage dealer licensed under Chapter 4738. of the 19,358
Revised Code is one hundred dollars. 19,359
(D)(1) Except as otherwise provided in division (D)(2) of 19,361
this section, the annual fee for a scrap tire collection facility 19,362
license is two hundred dollars. 19,363
(2) The annual fee for a scrap tire collection facility 19,365
license for a collection facility that is owned or operated by a 19,366
motor vehicle salvage dealer licensed under Chapter 4738. of the 19,367
Revised Code is fifty dollars. 19,368
(E) Except as otherwise provided in divisions (C)(2) and 19,370
(D)(2) of this section, the same fees apply to private operators 19,371
and to the state and its political subdivisions and shall be paid 19,372
within thirty days after the issuance of a license. The fees 19,373
include the cost of licensing, all inspections, and other costs 19,374
associated with the administration of the scrap tire provisions 19,375
of this chapter and rules adopted under them. Each license shall 19,376
specify that it is conditioned upon payment of the applicable fee 19,377
to the board of health or the director of environmental 19,378
protection, as appropriate, within thirty days after the issuance 19,380
of the license.
(F) The board of health shall retain fifteen thousand 19,382
dollars of each license fee collected by the board under division 19,383
(B) of this section, or the entire amount of any such fee that is 19,384
less than fifteen thousand dollars, and the entire amount of each 19,385
license fee collected by the board under divisions (A), (C), and 19,386
(D) of this section. The moneys retained shall be paid into a 19,387
454
special fund, which is hereby created in each health district, 19,388
and used solely to administer and enforce the scrap tire 19,389
provisions of this chapter and rules adopted under them. The 19,390
remainder, if any, of each license fee collected by the board 19,391
under division (B) of this section shall be transmitted to the 19,392
director within forty-five days after receipt of the fee. 19,394
(G) The director shall transmit the moneys received by the 19,396
director from license fees collected under division (B) of this 19,397
section to the treasurer of state to be credited to the scrap 19,398
tire management fund, which is hereby created in the state 19,399
treasury. The fund shall consist of all federal moneys received 19,400
by the environmental protection agency for the scrap tire 19,401
management program; all grants, gifts, and contributions made to 19,402
the director for that program; and all other moneys that may be 19,403
provided by law for that program. The director shall use moneys 19,404
in the fund as follows: 19,405
(1) Expend not more than seven hundred fifty thousand 19,407
dollars during each fiscal year to implement, administer, and 19,409
enforce the scrap tire provisions of this chapter and rules 19,410
adopted under them; 19,411
(2) For fiscal years 1998 and 1999, grant not more than 19,415
one hundred fifty thousand dollars during each fiscal year to the 19,416
polymer institute at the university of Akron for the purpose of 19,417
expediting research concerning and evaluation of alternative 19,418
methods of recycling scrap tires. The institute shall report to 19,419
the director annually concerning research programs under review, 19,420
and the results of scrap tire recycling experiments conducted, by 19,421
or in conjunction with the institute. The university shall 19,422
report to the director biennially concerning the expenditures of 19,423
moneys received by the institute under division (G)(2) of this 19,424
section.
(3) During each of fiscal years 1998, 1999, and 2000 YEAR, 19,427
request the director of budget and management to, and the 19,429
director of budget and management shall, transfer one million 19,430
455
dollars to the facilities establishment SCRAP TIRE LOANS AND 19,431
GRANTS fund created in section 166.03 166.032 of the Revised Code 19,432
for the purposes specified in that section; 19,433
(4) Annually transfer to the central support indirect fund 19,435
created in section 3745.014 of the Revised Code an amount equal 19,437
to not more than twelve per cent of each fiscal year's 19,438
appropriation to the scrap tire management fund.
(H)(1) If, during A fiscal year 1997, 1998, 1999, or 2000, 19,440
more than three million five hundred thousand dollars are 19,442
credited to the scrap tire management fund, the director, at the 19,443
conclusion of the fiscal year, shall request the director of 19,445
budget and management to, and the director of budget and 19,446
management shall, transfer to the facilities establishment SCRAP 19,448
TIRE LOANS AND GRANTS fund one-half of the moneys credited to the 19,450
scrap tire management fund in excess of that amount. 19,451
(2) In each of fiscal years 1998, 1999, and 2000 YEAR, if 19,454
more than three million five hundred thousand dollars are 19,455
credited to the scrap tire management fund during the preceding 19,456
fiscal year, the director shall expend during the current fiscal 19,457
year one-half of that excess amount to conduct removal operations 19,458
under section 3734.85 of the Revised Code. 19,459
(I) After the actions in divisions (G)(1) to (4) and (H) 19,462
of this section are completed during each of fiscal years 1998,
1999, and 2000 YEAR, the director may expend up to the balance 19,463
remaining from prior fiscal years in the scrap tire management 19,465
fund to conduct removal actions under section 3734.85 of the 19,466
Revised Code. Prior to using any moneys in the fund for that 19,467
purpose in a fiscal year, the director shall request the approval 19,468
of the controlling board for that use of the moneys. The request 19,469
shall be accompanied by a plan describing the removal actions to 19,470
be conducted during the fiscal year and an estimate of the costs 19,471
of conducting them. The controlling board shall approve the plan 19,472
only if the board finds that the proposed removal actions are in 19,473
accordance with the priorities set forth in division (B) of 19,474
456
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. 19,476
Sec. 3734.87. Not later than five years after the 19,485
effective date of this section DURING THE YEARS 2002 AND 2006, 19,486
the director of environmental protection shall submit a report to 19,487
the speaker of the house of representatives and the president of 19,488
the senate concerning the implementation, administration, and 19,489
enforcement of the scrap tire provisions of this chapter and 19,490
rules adopted under them, including at least a discussion of the 19,491
expenditure of moneys from the scrap tire management fund created 19,492
in section 3734.82 of the Revised Code and recommendations
concerning any legislative changes needed to improve that 19,493
implementation, administration, and enforcement. 19,494
Sec. 3734.901. (A) For the purpose of providing revenue 19,503
to defray the cost of administering and enforcing the scrap tire 19,504
provisions of this chapter, rules adopted under those provisions, 19,505
and terms and conditions of orders, variances, and licenses 19,506
issued under those provisions; to abate accumulations of scrap 19,507
tires; to make grants to promote research regarding alternative 19,508
methods of recycling scrap tires and loans to promote the 19,509
recycling or recovery of energy from scrap tires; and to defray 19,510
the costs of administering and enforcing sections 3734.90 to 19,511
3734.9014 of the Revised Code, a fee of fifty cents per tire is 19,512
hereby levied on the sale of tires. The fee is levied from the 19,513
first day of the calendar month that begins next after thirty 19,514
days from the effective date of this section OCTOBER 29, 1993, 19,516
through June 30, 2000 2006. 19,517
(B) Only one sale of the same article shall be used in 19,519
computing the amount of the fee due. 19,520
Sec. 3742.03. Not later than six months after the 19,530
effective date of this section, the THE public health council 19,532
shall adopt rules in accordance with Chapter 119. of the Revised 19,533
Code for the administration and enforcement of this chapter. The 19,534
rules shall specify all of the following: 19,535
457
(A) Procedures to be followed by any individual licensed 19,537
under section 3742.05 of the Revised Code for undertaking lead 19,538
abatement activities; 19,539
(B)(1) Requirements for training and licensure, in 19,541
addition to those established under section 3742.08 of the 19,542
Revised Code, to include levels of training and periodic 19,543
refresher training for each class of worker, and to be used for 19,544
licensure under section 3742.05 of the Revised Code. These 19,545
requirements shall include at least twenty-four classroom hours 19,546
of training based on the Occupational Safety and Health Act 19,547
training program for lead set forth in 29 C.F.R. 1926.62. In 19,548
establishing the training and licensure requirements, the public 19,549
health council shall consider the core of information that is 19,550
needed by all licensed persons, and establish the training 19,551
requirements so that persons who would seek licenses in more than 19,552
one area would not have to take duplicative course work. 19,553
(2) Persons certified by the American board of industrial 19,555
hygiene as a certified industrial hygienist (CIH) or as an 19,556
industrial hygienist-in-training (IHIT), and persons registered 19,557
as a sanitarian or sanitarian-in-training under Chapter 4736. of 19,558
the Revised Code, shall be exempt from any training requirements 19,559
for initial licensure established under this chapter, but shall 19,560
be required to take any examinations for licensure required under 19,561
section 3742.05 of the Revised Code. 19,562
(C) Fees for licenses issued under section 3742.05 of the 19,564
Revised Code and for their renewal. The public health council 19,566
may establish an "examination only" fee for licensure of persons 19,567
who are exempt from training requirements for licensure but who 19,569
are required to take examinations for licensure.; 19,571
(D) Procedures to be followed by lead inspectors, lead 19,573
abatement contractors, environmental lead analytical 19,574
laboratories, lead risk assessors, lead abatement project 19,575
designers, and lead abatement workers to prevent public exposure 19,576
to lead hazards and ensure worker protection during lead 19,577
458
abatement projects; 19,578
(E)(1) Record-keeping and reporting requirements for 19,580
clinical laboratories, environmental lead analytical 19,581
laboratories, lead inspectors, lead abatement contractors, lead 19,582
risk assessors, lead abatement project designers, and lead 19,583
abatement workers for lead abatement projects; 19,584
(2) Record-keeping and reporting requirements regarding 19,586
lead poisoning for physicians, in addition to the requirements of 19,587
section 3701.25 of the Revised Code; 19,588
(3) Information that is required to be reported under 19,590
rules based on divisions (E)(1) and (2) of this section and that 19,591
is a medical record is not a public record under section 149.43 19,592
of the Revised Code and shall not be released, except in 19,593
aggregate statistical form. 19,594
(F) Procedures for inspections conducted by the director 19,596
of health or a board of health under section 3742.12 or 3742.13 19,597
of the Revised Code; 19,598
(G) The level of lead in lead-based paint, 19,600
lead-contaminated dust, and lead-contaminated soil that is 19,601
hazardous to human health; 19,602
(H) The level of lead in human blood that is hazardous to 19,604
human health according to information obtained from the centers 19,605
for disease control and prevention in the public health service 19,606
of the United States department of health and human services; 19,607
(I) Environmental sampling techniques for use in 19,609
collecting samples of air, water, paint, and other materials; 19,610
(J) Requirements for a respiratory protection plan 19,612
prepared in accordance with section 3742.07 of the Revised Code; 19,613
(K) Requirements that UNDER WHICH a manufacturer of A LEAD 19,616
abatement systems and abatement products SYSTEM OR PRODUCT MUST 19,617
demonstrate evidence of safety and durability of their products 19,618
ITS SYSTEM OR PRODUCT by providing results of testing from an 19,620
independent laboratory that indicate INDICATING that the products 19,621
meet SYSTEM OR PRODUCT MEETS the standards developed by the ASTM"E06.23" subcommittee for the particular product or system OR 19,624
PRODUCT BY THE "E06.23 SUBCOMMITTEE," WHICH IS THE LEAD-PAINT 19,625
ABATEMENT SUBCOMMITTEE OF THE PERFORMANCE OF BUILDINGS COMMITTEE 19,626
OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS; 19,627
(L) Procedures to be followed by the public health council 19,629
in revising its rules to ensure that lead-hazard activities 19,630
meeting the provisions of this chapter continue to be eligible 19,631
for federal funding and meet the requirements promulgated by 19,632
regulation by the United States environmental protection agency, 19,633
the United States department of housing and urban development, 19,634
and other federal agencies that may have jurisdiction over lead 19,635
hazards; 19,636
(M) Any other requirements the council considers 19,638
appropriate for the administration or enforcement of this 19,639
chapter. 19,640
Sec. 3742.04. (A) The director of health shall do all of 19,649
the following: 19,650
(1) Administer and enforce the requirements of this 19,652
chapter and the rules adopted pursuant to it; 19,653
(2)(a) Conduct research and disseminate information on the 19,655
number, extent, and general geographic location of 19,656
lead-contaminated structures, which may include a statewide 19,657
survey and may include the establishment of a unit for the 19,658
collection and analysis of data on lead-hazard detection and 19,659
lead-hazard reduction activities, including the licensing, 19,660
certification, accreditation, APPROVAL, and enforcement 19,661
activities under this chapter; 19,662
(b) Update information and data collected or disseminated 19,664
under division (A)(2)(a) of this section to include the results 19,665
of an inspection or assessment conducted pursuant to section 19,666
3742.14 of the Revised Code, when a report based on that 19,667
inspection is provided to the director pursuant to rules adopted 19,668
by the public health council under section 3742.03 of the Revised 19,669
Code. 19,670
460
(3) Examine records and reports submitted by lead 19,672
inspectors, lead abatement contractors, lead risk assessors, lead 19,673
abatement project designers, and lead abatement workers in 19,674
accordance with section 3742.05 of the Revised Code to determine 19,675
whether the requirements of this chapter are being met; 19,676
(4) Examine records and reports submitted by physicians, 19,678
clinical laboratories, and environmental lead analytical 19,679
laboratories under section 3701.25 or 3742.09 of the Revised 19,680
Code; 19,681
(5) Issue approval to manufacturers of lead abatement 19,683
systems or products that have done all of the following: 19,684
(a) Submitted an application for approval to the director 19,686
on a form prescribed by the director; 19,687
(b) Paid the application fee established by the director; 19,689
(c) Submitted results from an independent laboratory 19,691
indicating THAT the MANUFACTURER'S SYSTEM OR product or system 19,693
satisfies ASTM standards pursuant to rules THE REQUIREMENTS 19,694
established IN RULES ADOPTED under division (K) of section 19,695
3742.03 of the Revised Code; 19,696
(d) Complied with rules adopted by the public health 19,698
council regarding durability and safety to workers and residents. 19,699
(6) Establish liaisons and cooperate with the directors or 19,701
agencies in states having lead abatement, accreditation, 19,702
licensing, and ACCREDITATION, certification, AND APPROVAL 19,704
programs to promote consistency between the requirements of this 19,705
chapter and those of other states in order to facilitate 19,706
reciprocity of licensing, certification, and accreditation THE 19,707
PROGRAMS among states.
(B) In addition to any other authority granted by this 19,709
chapter, the director of health may do any of the following: 19,710
(1) Employ persons who have received training from a 19,712
program the director has determined provides the necessary 19,713
background. The appropriate training may be obtained in a state 19,714
that has an ongoing lead abatement program under which it 19,715
461
conducts educational programs. 19,716
(2) Conduct lead abatement training programs and licensure 19,718
examinations, and collect fees to cover the cost of conducting 19,719
them; 19,720
(3) Conduct or cooperate with other state agencies to 19,722
conduct programs of public education on the nature and 19,723
consequences of lead hazards and on the need for lead-hazard 19,724
reduction activities to be conducted under careful supervision by 19,725
licensed and accredited personnel; 19,726
(4)(3) Cooperate with the United States environmental 19,728
protection agency in any joint oversight procedures the agency 19,729
may propose for laboratories that offer lead analysis services 19,730
and are accredited under the EPA AGENCY'S laboratory 19,731
accreditation program; 19,732
(5)(4) Advise, consult, cooperate with, or enter into 19,734
contracts or cooperative agreements with any person, government 19,735
entity, interstate agency, or the federal government as he THE 19,736
DIRECTOR considers necessary to fulfill the requirements of this 19,737
chapter and the rules adopted under it. 19,738
Sec. 3742.05. (A)(1) The director of health shall issue 19,747
lead inspector, lead abatement contractor, lead risk assessor, 19,748
lead abatement project designer, and lead abatement worker 19,749
licenses. The director shall issue a license to an applicant who 19,750
meets all of the following requirements: 19,751
(a) Submits an application to the director on a form 19,753
prescribed by the director; 19,754
(b) Meets the licensing and training requirements 19,756
established by the public health council under section 3742.03 of 19,757
the Revised Code; 19,758
(c) Successfully completes the licensing examination for 19,760
his THE APPLICANT'S area of expertise approved by the director 19,762
ADMINISTERED under section 3742.08 of the Revised Code and any 19,763
training required by the director under that section; 19,764
(d) Pays the license fee established by the public health 19,766
462
council under section 3742.03 of the Revised Code; 19,767
(e) Provides any information the director may require to 19,769
demonstrate the applicant's compliance with this chapter and the 19,770
rules adopted under it. 19,771
(2) An individual may hold more than one license issued 19,773
under this division, but a separate application is required for 19,774
each license. 19,775
(B) A license issued under this section expires two years 19,777
after the date of issuance. The director shall renew a license 19,778
in accordance with the standard renewal procedure set forth in 19,779
Chapter 4745. of the Revised Code, if the licensee does all of 19,780
the following: 19,781
(1) Continues to meet the requirements of division (A) of 19,783
this section; 19,784
(2) Demonstrates compliance with procedures to prevent 19,786
public exposure to lead hazards and for worker protection during 19,787
lead abatement projects established by rule adopted by the public 19,788
health council under section 3742.03 of the Revised Code; 19,789
(3) Meets the record-keeping and reporting requirements 19,791
for lead abatement projects established by rule adopted by the 19,792
public health council under section 3742.03 of the Revised Code; 19,793
(4) Pays the license renewal fee established by rule 19,795
adopted by the public health council under section 3742.03 of the 19,796
Revised Code. 19,797
(C) An individual licensed, certified, or otherwise 19,799
approved under the law of another state to perform functions 19,800
substantially similar to those of a lead inspector, lead 19,801
abatement contractor, lead risk assessor, lead abatement project 19,802
designer, or lead abatement worker may apply to the director of 19,803
health for licensure in accordance with the procedures set forth 19,804
in division (A) of this section. The director shall license an 19,805
individual under this division on a determination that the 19,806
standards for licensure, certification, or approval in that state 19,807
are at least substantially equivalent to those established by 19,808
463
this chapter and the rules adopted under it. The director may 19,809
require an examination for licensure under this division. 19,810
Sec. 3742.08. (A)(1) The director of health shall 19,819
conduct, specify requirements by rule, or approve training 19,820
programs and examinations for licensure of lead inspectors, lead 19,821
abatement contractors, lead risk assessors, lead abatement 19,822
project designers, and lead abatement workers. In accordance 19,823
with Chapter 119. of the Revised Code, the director shall adopt 19,824
rules establishing all of the following: 19,825
(1)(a) A system for accreditation of training programs and 19,827
the requirements for accreditation, including curriculum 19,828
requirements, hour requirements, hands-on training requirements, 19,829
trainee competency and proficiency requirements, and requirements 19,830
for quality control; 19,831
(2) Procedures and criteria for approval of licensing 19,833
examinations and the qualifications of examination 19,834
administrators; 19,835
(3)(b) Fees for application for approval of a training 19,837
program and for participating in any program conducted by the 19,838
director; 19,839
(4) Fees for licensing examinations; 19,841
(5)(c) Any other requirements pertinent to the operation 19,843
of a training program or an examination. 19,844
(B)(2) Each applicant for approval of a training program 19,846
or examination shall submit a completed application to the 19,847
director on a form the director shall prescribe and provide. The 19,848
director shall issue the appropriate EVIDENCE OF approval to each 19,849
applicant who meets the requirements of division (A)(1) of this 19,851
section and the criteria for approval established by rule adopted 19,852
under THIS section 3742.03 of the Revised Code and pays the fee. 19,853
(B) THE DIRECTOR SHALL ADMINISTER EXAMINATIONS FOR 19,855
LICENSURE UNDER THIS CHAPTER BY CONDUCTING EXAMINATIONS, 19,856
CONTRACTING PURSUANT TO SECTION 3701.044 OF THE REVISED CODE FOR 19,857
ANOTHER ENTITY TO CONDUCT THE EXAMINATIONS, OR APPROVING 19,858
464
EXAMINATIONS. IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 19,859
CODE, THE DIRECTOR SHALL ADOPT RULES SPECIFYING REQUIREMENTS FOR 19,860
THE ADMINISTRATION OF LICENSING EXAMINATIONS. THE RULES SHALL 19,861
INCLUDE REQUIREMENTS REGARDING THE QUALIFICATIONS OF EXAMINATION 19,863
ADMINISTRATORS, FEES TO COVER THE COST OF CONDUCTING THE 19,864
EXAMINATIONS, AND ANY OTHER REQUIREMENTS PERTINENT TO THE
EXAMINATIONS. 19,865
IF THE DIRECTOR IMPLEMENTS A SYSTEM OF APPROVING 19,867
EXAMINATIONS, THE RULES SHALL INCLUDE PROCEDURES AND CRITERIA FOR 19,868
APPROVAL AND FEES FOR THE APPROVAL. EACH APPLICANT FOR APPROVAL 19,869
SHALL SUBMIT A COMPLETED APPLICATION TO THE DIRECTOR ON A FORM 19,870
THE DIRECTOR SHALL PRESCRIBE AND PROVIDE. THE DIRECTOR SHALL 19,871
ISSUE EVIDENCE OF APPROVAL TO EACH APPLICANT WHO MEETS THE 19,872
CRITERIA FOR APPROVAL ESTABLISHED IN RULES ADOPTED UNDER THIS 19,873
DIVISION.
Sec. 3742.19. All EXCEPT FOR ANY LICENSING EXAMINATION FEE 19,882
COLLECTED AND RETAINED BY AN ENTITY UNDER CONTRACT PURSUANT TO 19,883
DIVISION (B) OF SECTION 3742.08 OF THE REVISED CODE, ALL fees 19,884
collected by the director of health under this chapter and any 19,886
grant, contribution, or other moneys received by him for the 19,887
purposes of this chapter shall be deposited into the state 19,889
treasury to the credit of the lead program fund, which is hereby 19,890
created. The moneys in the fund shall be used solely for the 19,891
administration and enforcement of this chapter and the rules 19,892
adopted under it.
Sec. 3745.11. (A) Applicants for and holders of permits, 19,901
licenses, variances, plan approvals, and certifications issued by 19,902
the director of environmental protection pursuant to Chapters 19,903
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 19,904
fee to the environmental protection agency for each such issuance 19,905
and each application for an issuance as provided by this section. 19,906
No fee shall be charged for any issuance for which no application 19,907
has been submitted to the director. 19,908
(B) Prior to January 1, 1994, each person issued a permit 19,910
465
to operate, variance, or permit to install under section 3704.03 19,911
of the Revised Code shall pay the fees specified in the following 19,912
schedule: 19,913
(1) Fuel-Burning Equipment 19,915
Input capacity 19,917
(million British Permit Permit 19,918
thermal units to to 19,920
per hour) operate Variance install 19,923
0 or more, but 19,926
less than 10 $ 75 $225 $ 100
10 or more, but 19,927
less than 100 210 450 390
100 or more, but 19,928
less than 300 270 675 585
300 or more, but 19,929
less than 500 330 900 780
500 or more 500 975 1000 19,930
Any fuel-burning equipment using only natural gas, propane, 19,933
liquefied petroleum gas, or number two or lighter fuel oil shall 19,934
be assessed a fee one-half of that shown. 19,935
(2) Incinerators 19,937
Input capacity Permit Permit 19,940
(pounds per to to 19,942
hour) operate Variance install 19,945
0 to 50 $ 50 $225 $ 65 19,948
51 to 500 210 450 390 19,949
501 to 2000 270 675 585 19,950
2001 to 30,000 330 900 780 19,951
more than 30,000 500 975 1000 19,952
(3) Process 19,955
Process weight Permit Permit 19,958
rate to to 19,959
(pounds per hour) operate Variance install 19,962
0 to 1000 $100 $225 $ 200 19,965
466
1001 to 5000 210 450 390 19,966
5001 to 10,000 270 675 585 19,967
10,001 to 50,000 330 900 780 19,968
more than 50,000 500 975 1000 19,969
In any process where process weight rate cannot be 19,972
ascertained, the minimum fee shall be assessed. 19,973
(4) Storage tanks 19,975
Gallons Permit to Permit to 19,978
(capacity) operate Variance install 19,980
less than 40,000 $150 $225 $ 195 19,983
40,000 or more, but 19,984
less than 100,000 210 450 390
100,000 or more, but 19,985
less than 400,000 270 675 585
400,000 or more, but 19,986
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 19,987
(5) Gasoline 19,990
Gasoline dispensing Permit to Permit to 19,993
facilities operate Variance install 19,995
For each gasoline 19,998
dispensing
facility $20 $100 $50
(6) Dry cleaning 20,001
Dry cleaning Permit to Permit to 20,004
facilities operate Variance install 20,006
For each dry 20,009
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 20,012
of the Revised Code shall be assessed a fee of two hundred fifty 20,013
dollars per mine or location. 20,014
(C)(1) Except as otherwise provided in division (C)(2) of 20,016
this section, beginning July 1, 1994, each person who owns or 20,017
467
operates an air contaminant source and who is required to apply 20,018
for and obtain a Title V permit under section 3704.036 of the 20,019
Revised Code shall pay the fees set forth in division (C)(1) of 20,020
this section. For the purposes of that division, total emissions 20,021
of air contaminants may be calculated using engineering 20,022
calculations, emissions factors, material balance calculations, 20,023
or performance testing procedures, as authorized by the director. 20,024
The following fees shall be assessed on the total actual 20,026
emissions from a source in tons per year of the regulated 20,027
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 20,028
organic compounds, and lead: 20,029
(a) Fifteen dollars per ton on the total actual emissions 20,031
of each such regulated pollutant during the period July through 20,032
December 1993, to be collected no sooner than July 1, 1994; 20,033
(b) Twenty dollars per ton on the total actual emissions 20,035
of each such regulated pollutant during calendar year 1994, to be 20,036
collected no sooner than April 15, 1995; 20,037
(c) Twenty-five dollars per ton on the total actual 20,039
emissions of each such regulated pollutant in calendar year 1995, 20,040
and each subsequent calendar year, to be collected no sooner than 20,041
the fifteenth day of April of the year next succeeding the 20,042
calendar year in which the emissions occurred. 20,043
The fees levied under division (C)(1) of this section do 20,045
not apply to that portion of the emissions of a regulated 20,046
pollutant at a facility that exceed four thousand tons during a 20,047
calendar year. 20,048
(2) The fees assessed under division (C)(1) of this 20,050
section are for the purpose of providing funding for the Title V 20,051
permit program. 20,052
(3) The fees assessed under division (C)(1) of this 20,054
section do not apply to emissions from any electric generating 20,055
unit designated as a Phase I unit under Title IV of the federal 20,056
Clean Air Act prior to calendar year 2000. Those fees shall be 20,057
assessed on the emissions from such a generating unit commencing 20,058
468
in calendar year 2001 based upon the total actual emissions from 20,059
the generating unit during calendar year 2000. 20,060
(4) The director shall issue invoices to owners or 20,062
operators of air contaminant sources who are required to pay a 20,063
fee assessed under division (C) or (D) of this section. Any such 20,064
invoice shall be issued no sooner than the applicable date when 20,065
the fee first may be collected in a year under the applicable 20,066
division, shall identify the nature and amount of the fee 20,067
assessed, and shall indicate that the fee is required to be paid 20,068
within thirty days after the issuance of the invoice. 20,069
(D) Beginning (1) EXCEPT AS PROVIDED IN DIVISION (D)(2) 20,072
OF THIS SECTION, BEGINNING January 1, 1994, each person who owns 20,073
or operates an air contaminant source; who is required to apply 20,074
for a permit to operate pursuant to rules adopted under division 20,075
(G), or a variance pursuant to division (H), of section 3704.03 20,076
of the Revised Code; and who is not required to apply for and 20,077
obtain a Title V permit under section 3704.036 of the Revised 20,078
Code shall pay a single fee based upon the sum of the actual 20,079
annual emissions from the facility of the regulated pollutants 20,080
particulate matter, sulfur dioxide, nitrogen oxides, organic 20,082
compounds, and lead in accordance with the following schedule: 20,083
Total tons 20,085
per year of regulated Annual fee 20,087
pollutants emitted per facility 20,089
More than 0, but less than 50 $ 75 20,091
50 or more, but less than 100 300 20,092
100 or more 700 20,093
(2)(a) AS USED IN DIVISION (D) OF THIS SECTION, "SYNTHETIC 20,097
MINOR FACILITY" MEANS A FACILITY FOR WHICH ONE OR MORE PERMITS TO 20,098
INSTALL OR PERMITS TO OPERATE HAVE BEEN ISSUED FOR THE AIR 20,099
CONTAMINANT SOURCES AT THE FACILITY THAT INCLUDE TERMS AND 20,100
CONDITIONS THAT LOWER THE FACILITY'S POTENTIAL TO EMIT AIR 20,101
CONTAMINANTS BELOW THE MAJOR SOURCE THRESHOLDS ESTABLISHED IN 20,102
RULES ADOPTED UNDER SECTION 3704.036 OF THE REVISED CODE. 20,104
469
(b) BEGINNING JANUARY 1, 2000, EACH PERSON WHO OWNS OR 20,106
OPERATES A SYNTHETIC MINOR FACILITY SHALL PAY AN ANNUAL FEE BASED 20,108
ON THE SUM OF THE ACTUAL ANNUAL EMISSIONS FROM THE FACILITY OF 20,109
PARTICULATE MATTER, SULFUR DIOXIDE, NITROGEN DIOXIDE, ORGANIC 20,110
COMPOUNDS, AND LEAD IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 20,111
COMBINED TOTAL TONS 20,113
PER YEAR OF ALL REGULATED ANNUAL FEE 20,115
POLLUTANTS EMITTED PER FACILITY 20,117
LESS THAN 10 $ 170 20,120
10 OR MORE, BUT LESS THAN 20 340 20,122
20 OR MORE, BUT LESS THAN 30 670 20,124
30 OR MORE, BUT LESS THAN 40 1,010 20,126
40 OR MORE, BUT LESS THAN 50 1,340 20,128
50 OR MORE, BUT LESS THAN 60 1,680 20,130
60 OR MORE, BUT LESS THAN 70 2,010 20,132
70 OR MORE, BUT LESS THAN 80 2,350 20,134
80 OR MORE, BUT LESS THAN 90 2,680 20,136
90 OR MORE, BUT LESS THAN 100 3,020 20,138
100 OR MORE 3,350 20,140
(3) The fees assessed under this division (D)(1) OF THIS 20,144
SECTION shall be collected annually no sooner than the fifteenth 20,145
day of April, commencing in 1995. THE FEES ASSESSED UNDER 20,146
DIVISION (D)(2) OF THIS SECTION SHALL BE COLLECTED NO SOONER THAN 20,147
THE FIFTEENTH DAY OF APRIL, COMMENCING IN 2000. The fee FEES 20,148
assessed under this division (D) OF THIS SECTION in a calendar 20,149
year shall be based upon the sum of the actual emissions of those 20,150
regulated pollutants during the preceding calendar year. For the 20,151
purpose of this division (D) OF THIS SECTION, emissions of air 20,152
contaminants may be calculated using engineering calculations, 20,154
emission factors, material balance calculations, or performance 20,155
testing procedures, as authorized by the director. The director, 20,156
by rule, may require persons who are required to pay the fees 20,157
assessed under this division (D) OF THIS SECTION to pay those 20,158
fees biennially rather than annually. 20,159
470
(E)(1) Consistent with the need to cover the reasonable 20,161
costs of the Title V permit program, the director annually shall 20,162
increase the fees prescribed in division (C)(1) of this section 20,163
by the percentage, if any, by which the consumer price index for 20,164
the most recent calendar year ending before the beginning of a 20,165
year exceeds the consumer price index for calendar year 1989. 20,166
Upon calculating an increase in fees authorized by division 20,167
(E)(1) of this section, the director shall compile revised fee 20,168
schedules for the purposes of division (C)(1) of this section and 20,169
shall make the revised schedules available to persons required to 20,170
pay the fees assessed under that division and to the public. 20,171
(2) For the purposes of division (E)(1) of this section: 20,173
(a) The consumer price index for any year is the average 20,175
of the consumer price index for all urban consumers published by 20,176
the United States department of labor as of the close of the 20,177
twelve-month period ending on the thirty-first day of August of 20,178
that year; 20,179
(b) If the 1989 consumer price index is revised, the 20,181
director shall use the revision of the consumer price index that 20,182
is most consistent with that for calendar year 1989. 20,183
(F) Each person who is issued a permit to install pursuant 20,185
to rules adopted under division (F) of section 3704.03 of the 20,186
Revised Code on or after January 1, 1994, shall pay the fees 20,187
specified in the following schedules: 20,188
(1) 20,190
(1) Fuel-burning equipment (boilers) 20,192
Input capacity (maximum) 20,194
(million British thermal units per Permit to install 20,195
hour)
Greater than 0, but less than 10 $ 200 20,196
10 or more, but less than 100 400 20,197
100 or more, but less than 300 800 20,198
300 or more, but less than 500 1500 20,199
500 or more, but less than 1000 2500 20,200
471
1000 or more, but less than 5000 4000 20,201
5000 or more 6000 20,202
Units burning exclusively natural gas, number two fuel oil, 20,205
or both shall be assessed a fee that is one-half the applicable 20,206
amount shown in division (F)(1) of this section. 20,207
(2) 20,209
(2) Incinerators 20,211
Input capacity (pounds per hour) Permit to install 20,213
0 to 100 $ 100 20,214
101 to 500 400 20,215
501 to 2000 750 20,216
2001 to 20,000 1000 20,217
more than 20,000 2500 20,218
(3) 20,221
(3)(a) Process 20,223
Process weight rate (pounds per Permit to install 20,225
hour)
0 to 1000 $ 200 20,226
1001 to 5000 400 20,227
5001 to 10,000 600 20,228
10,001 to 50,000 800 20,229
more than 50,000 1000 20,230
In any process where process weight rate cannot be 20,233
ascertained, the minimum fee shall be assessed. 20,234
(b) Notwithstanding division (F)(3)(a) of this section, 20,236
any person issued a permit to install pursuant to rules adopted 20,237
under division (F) of section 3704.03 of the Revised Code shall 20,238
pay the fees set forth in division (F)(3)(c) of this section for 20,239
a process used in any of the following industries, as identified 20,240
by the applicable four-digit standard industrial classification 20,241
code according to the Standard Industrial Classification Manual 20,242
published by the United States office of management and budget in 20,243
the executive office of the president, 1972, as revised: 20,244
1211 Bituminous coal and lignite mining; 20,246
472
1213 Bituminous coal and lignite mining services; 20,248
1411 Dimension stone; 20,250
1422 Crushed and broken limestone; 20,252
1427 Crushed and broken stone, not elsewhere classified; 20,254
1442 Construction sand and gravel; 20,256
1446 Industrial sand; 20,258
3281 Cut stone and stone products; 20,260
3295 Minerals and earth, ground or otherwise treated. 20,262
(c) The fees set forth in the following schedule apply to 20,264
the issuance of a permit to install pursuant to rules adopted 20,265
under division (F) of section 3704.03 of the Revised Code for a 20,266
process identified in division (F)(3)(b) of this section: 20,267
Process weight rate Permit to install 20,269
(pounds per hour)
0 to 10,000 $200 20,270
10,001 to 50,000 300 20,271
50,001 to 100,000 400 20,272
100,001 to 200,000 500 20,273
200,001 to 400,000 600 20,274
400,001 or more 700 20,275
(4) 20,278
(4) Storage tanks 20,280
Gallons (maximum useful Permit to install 20,282
capacity)
0 to 20,000 $100 20,283
20,001 to 40,000 150 20,284
40,001 to 100,000 200 20,285
100,001 to 250,000 250 20,286
250,001 to 500,000 350 20,287
500,001 to 1,000,000 500 20,288
1,000,001 or greater 750 20,289
(5) 20,292
(5) Gasoline/fuel dispensing facilities 20,294
473
For each gasoline/fuel Permit to install 20,296
dispensing facility
(includes all units at $100 20,297
the facility)
(6) 20,300
(6) Dry cleaning facilities 20,302
For each dry cleaning Permit to install 20,304
facility
(includes all units at $100 20,305
the facility)
(7) 20,308
(7) Registration status 20,310
Permit to install 20,312
For each source covered 20,313
by registration status $75
(G) An owner or operator who is responsible for an 20,316
asbestos demolition or renovation project pursuant to rules 20,317
adopted under section 3704.03 of the Revised Code shall pay the 20,318
fees set forth in the following schedule: 20,319
Action Fee 20,321
Each notification $75 20,322
Asbestos removal $3/unit 20,323
Asbestos cleanup $4/cubic yard 20,324
For purposes of this division, "unit" means any combination of 20,327
linear feet or square feet equal to fifty. 20,328
(H) A person who is issued an extension of time for a 20,330
permit to install an air contaminant source pursuant to rules 20,331
adopted under division (F) of section 3704.03 of the Revised Code 20,332
shall pay a fee equal to one-half the fee originally assessed for 20,333
the permit to install under this section, except that the fee for 20,334
such an extension shall not exceed two hundred dollars. 20,335
(I) A person who is issued a modification to a permit to 20,337
install an air contaminant source pursuant to rules adopted under 20,338
section 3704.03 of the Revised Code shall pay a fee equal to 20,339
474
one-half of the fee that would be assessed under this section to 20,340
obtain a permit to install the source. The fee assessed by this 20,341
division only applies to modifications that are initiated by the 20,342
owner or operator of the source and shall not exceed two thousand 20,343
dollars. 20,344
(J) Notwithstanding division (B) or (F) of this section, a 20,346
person who applies for or obtains a permit to install pursuant to 20,347
rules adopted under division (F) of section 3704.03 of the 20,348
Revised Code after the date actual construction of the source 20,349
began shall pay a fee for the permit to install that is equal to 20,350
twice the fee that otherwise would be assessed under the 20,351
applicable division unless the applicant received authorization 20,352
to begin construction under division (W) of section 3704.03 of 20,353
the Revised Code. This division only applies to sources for 20,354
which actual construction of the source begins on or after July 20,355
1, 1993. The imposition or payment of the fee established in 20,356
this division does not preclude the director from taking any 20,357
administrative or judicial enforcement action under this chapter, 20,358
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 20,359
rule adopted under any of them, in connection with a violation of 20,360
rules adopted under division (F) of section 3704.03 of the 20,361
Revised Code. 20,362
As used in this division, "actual construction of the 20,364
source" means the initiation of physical on-site construction 20,365
activities in connection with improvements to the source that are 20,366
permanent in nature, including, without limitation, the 20,367
installation of building supports and foundations and the laying 20,368
of underground pipework. 20,369
(K) Fifty cents per ton of each fee assessed under 20,371
division (C) of this section on actual emissions from a source 20,372
and received by the environmental protection agency pursuant to 20,373
that division shall be deposited into the state treasury to the 20,374
credit of the small business assistance fund created in section 20,375
3706.19 of the Revised Code. The remainder of the moneys 20,376
475
received by the division pursuant to that division and moneys 20,377
received by the agency pursuant to divisions (D), (F), (G), (H), 20,378
(I), and (J) of this section shall be deposited in the state 20,379
treasury to the credit of the clean air fund created in section 20,380
3704.035 of the Revised Code. 20,381
(L)(1)(a) Except as otherwise provided in division 20,383
(L)(1)(b) or (c) of this section, a person issued a water 20,384
discharge permit or renewal of a water discharge permit pursuant 20,385
to Chapter 6111. of the Revised Code shall pay a fee based on 20,386
each point source to which the issuance is applicable in 20,387
accordance with the following schedule: 20,388
Design flow discharge (gallons per day) Fee 20,390
0 to 1000 $ 0 20,393
1,001 to 5000 100 20,394
5,001 to 50,000 200 20,395
50,001 to 100,000 300 20,396
100,001 to 300,000 525 20,397
over 300,000 750 20,398
(b) Notwithstanding the fee schedule specified in division 20,401
(L)(1)(a) of this section, the fee for a water discharge permit 20,402
that is applicable to coal mining operations regulated under 20,403
Chapter 1513. of the Revised Code shall be two hundred fifty 20,404
dollars per mine. 20,405
(c) Notwithstanding the fee schedule specified in division 20,407
(L)(1)(a) of this section, the fee for a water discharge permit 20,408
for a public discharger identified by I in the third character of 20,409
the permittee's NPDES permit number shall not exceed seven 20,410
hundred fifty dollars. 20,411
(2) A person applying for a plan approval for a wastewater 20,413
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 20,414
of the Revised Code shall pay a fee of one hundred dollars plus 20,415
sixty-five one-hundredths of one per cent of the estimated 20,416
project cost through June 30, 2000 2002, and one hundred dollars 20,418
plus two-tenths of one per cent of the estimated project cost on 20,419
476
and after July 1, 2000 2002, except that the total fee shall not 20,420
exceed fifteen thousand dollars through June 30, 2000 2002, and 20,422
five thousand dollars on and after July 1, 2000 2002. The fee 20,423
shall be paid at the time the application is submitted. 20,424
(3) A person issued a modification of a water discharge 20,426
permit shall pay a fee equal to one-half the fee that otherwise 20,427
would be charged for a water discharge permit, except that the 20,428
fee for the modification shall not exceed four hundred dollars. 20,429
(4) A person who has entered into an agreement with the 20,431
director under section 6111.14 of the Revised Code shall pay an 20,432
administrative service fee for each plan submitted under that 20,433
section for approval that shall not exceed the minimum amount 20,434
necessary to pay administrative costs directly attributable to 20,435
processing plan approvals. The director annually shall calculate 20,436
the fee and shall notify all persons who have entered into 20,437
agreements under that section, or who have applied for 20,438
agreements, of the amount of the fee. 20,439
(5)(a)(i) Not later than January 30, 1998 2000, and 20,441
January 30, 1999 2001, a person holding an NPDES discharge permit 20,443
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 20,445
shall pay a nonrefundable annual discharge fee. Any person who 20,446
fails to pay the fee at that time shall pay an additional amount 20,447
that equals ten per cent of the required annual discharge fee. 20,448
(ii) The billing year for the annual discharge fee 20,450
established in division (L)(4)(5)(a)(i) of this section shall 20,452
consist of a twelve-month period beginning on the first day of 20,453
January of the year preceding the date when the annual discharge 20,455
fee is due. In the case of an existing source that permanently 20,456
ceases to discharge during a billing year, the director shall 20,457
reduce the annual discharge fee, including the surcharge 20,458
applicable to certain industrial facilities pursuant to division 20,459
(L)(4)(5)(c) of this section, by one-twelfth for each full month 20,460
during the billing year that the source was not discharging, but 20,461
477
only if the person holding the NPDES discharge permit for the 20,462
source notifies the director in writing, not later than the first 20,463
day of October of the billing year, of the circumstances causing 20,465
the cessation of discharge.
(iii) The annual discharge fee established in division 20,468
(L)(4)(5)(a)(i) of this section, except for the surcharge 20,469
applicable to certain industrial facilities pursuant to division 20,470
(L)(4)(5)(c) of this section, shall be based upon the average 20,473
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 20,475
period two years prior to the date on which the fee is due. In 20,476
the case of NPDES discharge permits for new sources, the fee 20,478
operation shall be calculated using the average daily design flow 20,479
of the facility until actual average daily discharge flow values 20,480
are available for the time period specified in division 20,482
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 20,483
be prorated for a new source as described in division 20,484
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger 20,488
shall pay the fee specified in the following schedule: Fee due by 20,491
Average daily January 30, 1998, 20,492
discharge flow and January 30, 1999 20,493
5,000 to 49,999 $ 180 20,496
50,000 to 100,000 450 20,497
100,001 to 250,000 900 20,498
250,001 to 1,000,000 2,250 20,499
1,000,001 to 5,000,000 4,500 20,500
5,000,001 to 10,000,000 9,000 20,501
10,000,001 to 20,000,000 13,500 20,502
20,000,001 to 50,000,000 22,500 20,503
50,000,001 to 100,000,000 36,000 20,504
100,000,001 or more 54,000 20,505
AVERAGE DAILY FEE DUE BY FEE DUE BY 20,509
478
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 20,511
5,000 TO 49,999 $ 180 $ 200 20,516
50,000 TO 100,000 450 500 20,518
100,001 TO 250,000 900 1,050 20,520
250,001 TO 1,000,000 2,250 2,600 20,522
1,000,001 TO 5,000,000 4,500 5,200 20,524
5,000,001 TO 10,000,000 9,000 10,350 20,526
10,000,001 TO 20,000,000 13,500 15,550 20,528
20,000,001 TO 50,000,000 22,500 25,900 20,530
50,000,001 TO 100,000,000 36,000 41,400 20,532
100,000,001 OR MORE 54,000 62,100 20,534
Public dischargers owning or operating two or more publicly 20,537
owned treatment works serving the same political subdivision, as 20,538
"treatment works" is defined in section 6111.01 of the Revised 20,539
Code, and that serve exclusively political subdivisions having a 20,541
population of fewer than one hundred thousand shall pay an annual 20,542
discharge fee under division (L)(5)(b) of this section that is 20,543
based on the combined average daily discharge flow of the 20,544
treatment works.
(C) An NPDES permit holder that is an industrial 20,547
discharger, other than a coal mining operator identified by P in 20,549
the third character of the permittee's NPDES permit number, shall 20,550
pay the fee specified in the following schedule: Fee due by 20,552
Average daily January 30, 1998, 20,553
discharge flow and January 30, 1999 20,554
5,000 to 49,999 $ 180 20,557
50,000 to 250,000 900 20,558
250,001 to 1,000,000 2,250 20,559
1,000,001 to 5,000,000 4,500 20,560
5,000,001 to 10,000,000 6,750 20,561
10,000,001 to 20,000,000 9,000 20,562
20,000,001 to 100,000,000 10,800 20,563
100,000,001 to 250,000,000 12,600 20,564
479
250,000,001 or more 14,400 20,565
AVERAGE DAILY FEE DUE BY FEE DUE BY 20,569
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 20,571
5,000 TO 49,999 $ 180 $ 250 20,576
50,000 TO 250,000 900 1,200 20,578
250,001 TO 1,000,000 2,250 2,950 20,580
1,000,001 TO 5,000,000 4,500 5,850 20,582
5,000,001 TO 10,000,000 6,750 8,800 20,584
10,000,001 TO 20,000,000 9,000 11,700 20,586
20,000,001 TO 100,000,000 10,800 14,050 20,588
100,000,001 TO 250,000,000 12,600 16,400 20,590
250,000,001 OR MORE 14,400 18,700 20,592
In addition to the fee specified in the above schedule, an 20,595
NPDES permit holder that is an industrial discharger classified 20,597
as a major discharger during all or part of the annual discharge 20,598
fee billing year specified in division (L)(4)(5)(a)(ii) of this 20,600
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 20,602
1998 2000, and A NONREFUNDABLE ANNUAL SURCHARGE OF SEVEN THOUSAND 20,603
FIVE HUNDRED DOLLARS not later than January 30, 1999 2001. Any 20,604
person who fails to pay the surcharge at that time shall pay an 20,605
additional amount that equals ten per cent of the amount of the 20,606
surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 20,608
section, a public discharger identified by I in the third 20,609
character of the permittee's NPDES permit number and an 20,610
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 20,611
the third character of the permittee's NPDES permit number shall 20,613
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998 2000, and not later than 20,615
January 30, 1999 2001. Any person who fails to pay the fee at 20,616
that time shall pay an additional amount that equals ten per cent 20,617
of the required fee. 20,618
(6) The director shall transmit all moneys collected under 20,620
480
division (L) of this section to the treasurer of state for 20,621
deposit into the state treasury to the credit of the surface 20,622
water protection fund created in section 6111.038 of the Revised 20,623
Code. 20,624
(7) As used in division (L) of this section: 20,626
(a) "NPDES" means the federally approved national 20,628
pollutant discharge elimination system program for issuing, 20,629
modifying, revoking, reissuing, terminating, monitoring, and 20,630
enforcing permits and imposing and enforcing pretreatment 20,631
requirements under Chapter 6111. of the Revised Code and rules 20,632
adopted under it. 20,633
(b) "Public discharger" means any holder of an NPDES 20,635
permit identified by P in the second character of the NPDES 20,636
permit number assigned by the director. 20,637
(c) "Industrial discharger" means any holder of an NPDES 20,639
permit identified by I in the second character of the NPDES 20,640
permit number assigned by the director. 20,641
(d) "Major discharger" means any holder of an NPDES permit 20,643
classified as major by the regional administrator of the United 20,644
States environmental protection agency in conjunction with the 20,645
director. 20,646
(M) Through June 30, 2000 2002, a person applying for a 20,648
license or license renewal to operate a public water system under 20,650
section 6109.21 of the Revised Code shall pay the appropriate fee 20,651
established under this division at the time of application to the 20,652
director. Any person who fails to pay the fee at that time shall 20,653
pay an additional amount that equals ten per cent of the required 20,654
fee. The director shall transmit all moneys collected under this 20,655
division to the treasurer of state for deposit into the drinking 20,656
water protection fund created in section 6109.30 of the Revised 20,657
Code. 20,658
Fees required under this division shall be calculated and 20,660
paid in accordance with the following schedule: 20,661
(1) For the initial license required under division (A)(1) 20,663
481
of section 6109.21 of the Revised Code for any public water 20,664
system that is a community water system as defined in section 20,665
6109.01 of the Revised Code, and for each license renewal 20,666
required for such a system prior to January 31, 2000 2002, the 20,667
fee is: 20,668
Number of service connections Fee amount 20,670
Not more than 49 $ 56 20,673
50 to 99 88 20,674
Number of service connections Average cost per connection 20,677
100 to 2,499 $ .96 20,679
2,500 to 4,999 .92 20,680
5,000 to 7,499 .88 20,681
7,500 to 9,999 .84 20,682
10,000 to 14,999 .80 20,683
15,000 to 24,999 .76 20,684
25,000 to 49,999 .72 20,685
50,000 to 99,999 .68 20,686
100,000 to 149,999 .64 20,687
150,000 to 199,999 .60 20,688
200,000 or more .56 20,689
A public water system may determine how it will pay the 20,692
total amount of the fee calculated under division (M)(1) of this 20,693
section, including the assessment of additional user fees that 20,694
may be assessed on a volumetric basis. 20,695
As used in division (M)(1) of this section, "service 20,697
connection" means the number of active or inactive pipes, 20,698
goosenecks, pigtails, and any other fittings connecting a water 20,699
main to any building outlet. 20,700
(2) For the initial license required under division (A)(2) 20,702
of section 6109.21 of the Revised Code for any public water 20,703
system that is not a community water system and serves a 20,704
nontransient population, and for each license renewal required 20,705
for such a system prior to January 31, 2000 2002, the fee is: 20,706
Population served Fee amount 20,708
482
Fewer than 150 $ 56 20,711
150 to 299 88 20,712
300 to 749 192 20,713
750 to 1,499 392 20,714
1,500 to 2,999 792 20,715
3,000 to 7,499 1,760 20,716
7,500 to 14,999 3,800 20,717
15,000 to 22,499 6,240 20,718
22,500 to 29,999 8,576 20,719
30,000 or more 11,600 20,720
As used in division (M)(2) of this section, "population 20,723
served" means the total number of individuals receiving water 20,724
from the water supply during a twenty-four-hour period for at 20,725
least sixty days during any calendar year. In the absence of a 20,726
specific population count, that number shall be calculated at the 20,727
rate of three individuals per service connection. 20,728
(3) For the initial license required under division (A)(3) 20,730
of section 6109.21 of the Revised Code for any public water 20,731
system that is not a community water system and serves a 20,732
transient population, and for each license renewal required for 20,733
such a system prior to January 31, 2000 2002, the fee is: 20,734
Number of wells supplying system Fee amount 20,736
1 $ 56 20,739
2 56 20,740
3 88 20,741
4 192 20,742
5 392 20,743
System supplied by surface 20,746
WATER, springs, or dug wells 792 20,747
As used in division (M)(3) of this section, "number of 20,750
wells supplying system" means those wells that are physically 20,751
connected to the plumbing system serving the public water system. 20,752
(N)(1) A person applying for a plan approval for a public 20,754
water supply system under section 6109.07 of the Revised Code 20,755
483
shall pay a fee of one hundred dollars plus two-tenths of one per 20,756
cent of the estimated project cost, except that the total fee 20,757
shall not exceed fifteen thousand dollars through June 30, 2000 20,759
2002, and five thousand dollars on and after July 1, 2000 2002. 20,760
The fee shall be paid at the time the application is submitted. 20,761
(2) A person who has entered into an agreement with the 20,763
director under division (A)(2) of section 6109.07 of the Revised 20,764
Code shall pay an administrative service fee for each plan 20,765
submitted under that section for approval that shall not exceed 20,766
the minimum amount necessary to pay administrative costs directly 20,767
attributable to processing plan approvals. The director annually 20,768
shall calculate the fee and shall notify all persons that have 20,769
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 20,770
(3) Through June 30, 2000 2002, the following fee, on a 20,772
per survey basis, shall be charged any person for services 20,774
rendered by the state in the evaluation of laboratories and 20,775
laboratory personnel for compliance with accepted analytical 20,776
techniques and procedures established pursuant to Chapter 6109. 20,777
of the Revised Code for determining the qualitative 20,778
characteristics of water:
microbiological $1,650 20,780
organic chemical 3,500 20,781
inorganic chemical 3,500 20,782
standard chemistry 1,800 20,783
limited chemistry 1,000 20,784
On and after July 1, 2000 2002, the following fee, on a per 20,787
survey basis, shall be charged any such person: 20,788
microbiological $250 20,790
chemical/radiological 250 20,791
nitrate/turbidity (only) 150 20,792
The fee for those services shall be paid at the time the request 20,795
for the survey is made. Through June 30, 2000 2002, an 20,796
individual laboratory shall not be assessed a fee under this 20,798
484
division more than once in any three-year period. 20,799
The director shall transmit all moneys collected under this 20,801
division to the treasurer of state for deposit into the drinking 20,802
water protection fund created in section 6109.30 of the Revised 20,803
Code. 20,804
(O) Any person applying to the director for examination 20,806
for certification as an operator of a water supply system or 20,807
wastewater system under Chapter 6109. or 6111. of the Revised 20,808
Code, at the time the application is submitted, shall pay an 20,809
application fee of twenty-five dollars through June 30, 2000 20,811
2002, and ten dollars on and after July 1, 2000 2002. Upon 20,812
approval from the director that the applicant is eligible to take 20,813
the examination therefor, the applicant shall pay a fee in 20,815
accordance with the following schedule through June 30, 2000 20,816
2002:
Class I operator $45 20,818
Class II operator 55 20,819
Class III operator 65 20,820
Class IV operator 75 20,821
On and after July 1, 2000 2002, the applicant shall pay a 20,824
fee in accordance with the following schedule: 20,825
Class I operator $25 20,827
Class II operator 35 20,828
Class III operator 45 20,829
Class IV operator 55 20,830
The director shall transmit all moneys collected under this 20,833
division to the treasurer of state for deposit into the drinking 20,834
water protection fund created in section 6109.30 of the Revised 20,835
Code. 20,836
(P) Through June 30, 2000 2002, any person submitting an 20,838
application for an industrial water pollution control certificate 20,839
under section 6111.31 of the Revised Code shall pay a 20,840
nonrefundable fee of five hundred dollars at the time the 20,841
application is submitted. The director shall transmit all moneys 20,842
485
collected under this division to the treasurer of state for 20,843
deposit into the surface water protection fund created in section 20,844
6111.038 of the Revised Code. A person paying a certificate fee 20,845
under this division shall not pay an application fee under 20,846
division (S)(1) of this section. 20,847
(Q) Except as otherwise provided in division (R) of this 20,849
section, a person issued a permit by the director for a new solid 20,850
waste disposal facility other than an incineration or composting 20,851
facility, a new infectious waste treatment facility other than an 20,852
incineration facility, or a modification of such an existing 20,853
facility that includes an increase in the total disposal or 20,854
treatment capacity of the facility pursuant to Chapter 3734. of 20,855
the Revised Code shall pay a fee of ten dollars per thousand 20,856
cubic yards of disposal or treatment capacity, or one thousand 20,857
dollars, whichever is greater, except that the total fee for any 20,858
such permit shall not exceed eighty thousand dollars. A person 20,859
issued a modification of a permit for a solid waste disposal 20,860
facility or an infectious waste treatment facility that does not 20,861
involve an increase in the total disposal or treatment capacity 20,862
of the facility shall pay a fee of one thousand dollars. A 20,863
person issued a permit to install a new, or modify an existing, 20,864
solid waste transfer facility under that chapter shall pay a fee 20,865
of two thousand five hundred dollars. A person issued a permit 20,866
to install a new or to modify an existing solid waste 20,867
incineration or composting facility, or an existing infectious 20,868
waste treatment facility using incineration as its principal 20,869
method of treatment, under that chapter shall pay a fee of one 20,870
thousand dollars. The increases in the permit fees under this 20,871
division resulting from the amendments made by Amended Substitute 20,872
House Bill 592 of the 117th general assembly do not apply to any 20,873
person who submitted an application for a permit to install a 20,874
new, or modify an existing, solid waste disposal facility under 20,875
that chapter prior to September 1, 1987; any such person shall 20,876
pay the permit fee established in this division as it existed 20,877
486
prior to June 24, 1988. In addition to the applicable permit fee 20,878
under this division, a person issued a permit to install or 20,879
modify a solid waste facility or an infectious waste treatment 20,880
facility under that chapter who fails to pay the permit fee to 20,881
the director in compliance with division (V) of this section 20,882
shall pay an additional ten per cent of the amount of the fee for 20,883
each week that the permit fee is late. 20,884
Permit and late payment fees paid to the director under 20,886
this division shall be credited to the general revenue fund. 20,887
(R)(1) A person issued a registration certificate for a 20,889
scrap tire collection facility under section 3734.75 of the 20,890
Revised Code shall pay a fee of two hundred dollars, except that 20,891
if the facility is owned or operated by a motor vehicle salvage 20,892
dealer licensed under Chapter 4738. of the Revised Code, the 20,893
person shall pay a fee of twenty-five dollars. 20,894
(2) A person issued a registration certificate for a new 20,896
scrap tire storage facility under section 3734.76 of the Revised 20,897
Code shall pay a fee of three hundred dollars, except that if the 20,898
facility is owned or operated by a motor vehicle salvage dealer 20,899
licensed under Chapter 4738. of the Revised Code, the person 20,900
shall pay a fee of twenty-five dollars. 20,901
(3) A person issued a permit for a scrap tire storage 20,903
facility under section 3734.76 of the Revised Code shall pay a 20,904
fee of one thousand dollars, except that if the facility is owned 20,905
or operated by a motor vehicle salvage dealer licensed under 20,906
Chapter 4738. of the Revised Code, the person shall pay a fee of 20,907
fifty dollars. 20,908
(4) A person issued a permit for a scrap tire monocell or 20,910
monofill facility under section 3734.77 of the Revised Code shall 20,911
pay a fee of ten dollars per thousand cubic yards of disposal 20,912
capacity or one thousand dollars, whichever is greater, except 20,913
that the total fee for any such permit shall not exceed eighty 20,914
thousand dollars. 20,915
(5) A person issued a registration certificate for a scrap 20,917
487
tire recovery facility under section 3734.78 of the Revised Code 20,918
shall pay a fee of one hundred dollars. 20,919
(6) A person issued a permit for a scrap tire recovery 20,921
facility under section 3734.78 of the Revised Code shall pay a 20,922
fee of one thousand dollars. 20,923
(7) In addition to the applicable registration certificate 20,925
or permit fee under divisions (R)(1) to (6) of this section, a 20,926
person issued a registration certificate or permit for any such 20,927
scrap tire facility who fails to pay the registration certificate 20,928
or permit fee to the director in compliance with division (V) of 20,929
this section shall pay an additional ten per cent of the amount 20,930
of the fee for each week that the fee is late. 20,931
(8) The registration certificate, permit, and late payment 20,933
fees paid to the director under divisions (R)(1) to (7) of this 20,934
section shall be credited to the scrap tire management fund 20,935
created in section 3734.82 of the Revised Code. 20,936
(S)(1) Except as provided by divisions (L), (M), (N), (O), 20,938
(P), and (S)(2) of this section, division (A)(2) of section 20,939
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 20,940
and rules adopted under division (T)(1) of this section, any 20,941
person applying for a registration certificate under section 20,942
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 20,943
variance, or plan approval under Chapter 3734. of the Revised 20,944
Code shall pay a nonrefundable fee of fifteen dollars at the time 20,945
the application is submitted, and any. 20,946
EXCEPT AS OTHERWISE PROVIDED, ANY person applying for a 20,948
permit, variance, or plan approval under Chapter 6109. or 6111. 20,949
of the Revised Code shall pay a nonrefundable fee of one hundred 20,950
dollars at the time the application is submitted through June 30, 20,951
2000 2002, and a nonrefundable fee of fifteen dollars at the time 20,953
the application is submitted on and after July 1, 2000 2002. 20,954
THROUGH JUNE 30, 2002, ANY PERSON APPLYING FOR A NATIONAL 20,955
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UNDER CHAPTER 6111. 20,957
OF THE REVISED CODE SHALL PAY A NONREFUNDABLE FEE OF TWO HUNDRED 20,959
488
DOLLARS AT THE TIME OF APPLICATION FOR THE PERMIT. ON AND AFTER 20,960
JULY 1, 2002, SUCH A PERSON SHALL PAY A NONREFUNDABLE FEE OF 20,961
FIFTEEN DOLLARS AT THE TIME OF APPLICATION. 20,962
The director shall transmit all moneys collected under 20,964
division (S)(1) of this section pursuant to Chapter 6109. of the 20,965
Revised Code to the treasurer of state for deposit into the 20,966
drinking water protection fund created in section 6109.30 of the 20,967
Revised Code.
The director shall transmit all moneys collected under 20,969
division (S)(1) of this section pursuant to Chapter 6111. of the 20,970
Revised Code to the treasurer of state for deposit into the 20,971
surface water protection fund created in section 6111.038 of the 20,972
Revised Code.
If a registration certificate is issued under section 20,974
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 20,975
the application fee paid shall be deducted from the amount of the 20,976
registration certificate fee due under division (R)(1), (2), or 20,977
(5) of this section, as applicable. 20,978
(2) Division (S)(1) of this section does not apply to an 20,980
application for a registration certificate for a scrap tire 20,981
collection or storage facility submitted under section 3734.75 or 20,982
3734.76 of the Revised Code, as applicable, if the owner or 20,983
operator of the facility or proposed facility is a motor vehicle 20,984
salvage dealer licensed under Chapter 4738. of the Revised Code. 20,985
(T) The director may adopt, amend, and rescind rules in 20,987
accordance with Chapter 119. of the Revised Code that do all of 20,988
the following: 20,989
(1) Prescribe fees to be paid by applicants for and 20,991
holders of any license, permit, variance, plan approval, or 20,992
certification required or authorized by Chapter 3704., 3734., 20,993
6109., or 6111. of the Revised Code that are not specifically 20,994
established in this section. The fees shall be designed to 20,995
defray the cost of processing, issuing, revoking, modifying, 20,996
denying, and enforcing the licenses, permits, variances, plan 20,997
489
approvals, and certifications. 20,998
The director shall transmit all moneys collected under 21,000
rules adopted under division (T)(1) of this section pursuant to 21,001
Chapter 6109. of the Revised Code to the treasurer of state for 21,002
deposit into the drinking water protection fund created in 21,003
section 6109.30 of the Revised Code. 21,004
The director shall transmit all moneys collected under 21,006
rules adopted under division (T)(1) of this section pursuant to 21,007
Chapter 6111. of the Revised Code to the treasurer of state for 21,008
deposit into the surface water protection fund created in section 21,009
6111.038 of the Revised Code. 21,010
(2) Exempt the state and political subdivisions thereof, 21,012
including education facilities or medical facilities owned by the 21,013
state or a political subdivision, or any person exempted from 21,014
taxation by section 5709.07 or 5709.12 of the Revised Code, from 21,015
any fee required by this section; 21,016
(3) Provide for the waiver of any fee, or any part 21,018
thereof, otherwise required by this section whenever the director 21,019
determines that the imposition of the fee would constitute an 21,020
unreasonable cost of doing business for any applicant, class of 21,021
applicants, or other person subject to the fee; 21,022
(4) Prescribe measures that the director considers 21,024
necessary to carry out this section. 21,025
(U) When the director reasonably demonstrates that the 21,027
direct cost to the state associated with the issuance of a permit 21,028
to install, license, variance, plan approval, or certification 21,029
exceeds the fee for the issuance or review specified by this 21,030
section, the director may condition the issuance or review on the 21,031
payment by the person receiving the issuance or review of, in 21,032
addition to the fee specified by this section, the amount, or any 21,033
portion thereof, in excess of the fee specified under this 21,034
section. The director shall not so condition issuances for which 21,035
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 21,036
section. 21,037
490
(V) Except as provided in divisions (L), (M), and (P) of 21,039
this section or unless otherwise prescribed by a rule of the 21,040
director adopted pursuant to Chapter 119. of the Revised Code, 21,041
all fees required by this section are payable within thirty days 21,042
after the issuance of an invoice for the fee by the director or 21,043
the effective date of the issuance of the license, permit, 21,044
variance, plan approval, or certification. If payment is late, 21,045
the person responsible for payment of the fee shall pay an 21,046
additional ten per cent of the amount due for each month that it 21,047
is late. 21,048
(W) As used in this section, "fuel-burning equipment," 21,050
"fuel-burning equipment input capacity," "incinerator," 21,051
"incinerator input capacity," "process," "process weight rate," 21,052
"storage tank," "gasoline dispensing facility," "dry cleaning 21,053
facility," "design flow discharge," and "new source treatment 21,054
works" have the meanings ascribed to those terms by applicable 21,055
rules or standards adopted by the director under Chapter 3704. or 21,056
6111. of the Revised Code. 21,057
(X) As used in divisions (B), (C), (D), (E), (F), (H), 21,059
(I), and (J) of this section, and in any other provision of this 21,060
section pertaining to fees paid pursuant to Chapter 3704. of the 21,061
Revised Code: 21,062
(1) "Facility," "federal Clean Air Act," "person," and 21,064
"Title V permit" have the same meanings as in section 3704.01 of 21,065
the Revised Code. 21,066
(2) "Title V permit program" means the following 21,068
activities as necessary to meet the requirements of Title V of 21,069
the federal Clean Air Act and 40 C.F.R. part 70, including at 21,070
least: 21,071
(a) Preparing and adopting, if applicable, generally 21,073
applicable rules or guidance regarding the permit program or its 21,074
implementation or enforcement; 21,075
(b) Reviewing and acting on any application for a Title V 21,077
permit, permit revision, or permit renewal, including the 21,078
491
development of an applicable requirement as part of the 21,079
processing of a permit, permit revision, or permit renewal; 21,080
(c) Administering the permit program, including the 21,082
supporting and tracking of permit applications, compliance 21,083
certification, and related data entry; 21,084
(d) Determining which sources are subject to the program 21,086
and implementing and enforcing the terms of any Title V permit, 21,087
not including any court actions or other formal enforcement 21,088
actions; 21,089
(e) Emission and ambient monitoring; 21,091
(f) Modeling, analyses, or demonstrations; 21,093
(g) Preparing inventories and tracking emissions; 21,095
(h) Providing direct and indirect support to small 21,097
business stationary sources to determine and meet their 21,098
obligations under the federal Clean Air Act pursuant to the small 21,099
business stationary source technical and environmental compliance 21,100
assistance program required by section 507 of that act and 21,101
established in sections 3704.18, 3704.19, and 3706.19 of the 21,102
Revised Code. 21,103
Sec. 3748.07. (A) Every facility that proposes to handle 21,113
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 21,115
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 21,116
registration. Terms and conditions of licenses and certificates 21,117
of registration may be amended in accordance with rules adopted 21,118
under section 3748.04 of the Revised Code or orders issued by the 21,119
director pursuant to section 3748.05 of the Revised Code. 21,120
(B) Until rules are adopted under section 3748.04 of the 21,122
Revised Code, an application for a certificate of registration 21,124
shall be accompanied by a biennial registration fee of one
hundred fifty SIXTY dollars. On and after the effective date of 21,126
those rules, an applicant for a license, registration
certificate, or renewal of either shall pay the appropriate fee 21,127
492
established in those rules.
All fees collected under this section shall be deposited in 21,129
the state treasury to the credit of the general operations fund 21,130
created in section 3701.83 of the Revised Code. The fees shall 21,132
be used solely to administer and enforce this chapter and rules
adopted under it. 21,133
Any fee required under this section that has not been paid 21,135
within ninety days after the invoice date shall be assessed at 21,136
two times the original invoiced fee. Any fee that has not been 21,137
paid within one hundred eighty days after the invoice date shall 21,139
be assessed at five times the original invoiced fee. 21,140
(C) The director shall grant a license or registration to 21,142
any applicant who has paid the required fee and is in compliance 21,143
with this chapter and rules adopted under it. 21,145
Until rules are adopted under section 3748.04 of the 21,147
Revised Code, certificates of registration shall be effective for 21,149
two years from the date of issuance. On and after the effective 21,150
date of those rules, licenses and certificates of registration 21,151
shall be effective for the applicable period established in those 21,152
rules. Licenses and certificates of registration shall be 21,153
renewed in accordance with the standard renewal procedure 21,154
established in Chapter 4745. of the Revised Code. 21,155
Sec. 3748.13. (A) The director of health shall inspect 21,164
sources of radiation for which licensure or registration by the 21,165
handler is required, and the sources' shielding and surroundings, 21,167
according to the schedule established in rules adopted under 21,168
division (D) of section 3748.04 of the Revised Code. In 21,169
accordance with rules adopted under that section, the director 21,170
shall inspect all records and operating procedures of handlers 21,172
that install sources of radiation and all sources of radiation 21,174
for which licensure of radioactive material or registration of 21,175
radiation-generating equipment by the handler is required. The 21,176
director may make other inspections upon receiving complaints or 21,177
other evidence of violation of this chapter or rules adopted 21,178
493
under it.
The director shall require any hospital registered under 21,181
division (A) of section 3701.07 of the Revised Code to develop 21,182
and maintain a quality assurance program for all sources of 21,183
radiation-generating equipment. A certified radiation expert 21,184
shall conduct oversight and maintenance of the program and shall 21,185
file a report of audits of the program with the director on forms 21,186
prescribed by the director. The audit reports shall become part 21,187
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 21,189
section 3748.04 of the Revised Code, a facility shall pay 21,191
inspection fees according to the following schedule and 21,192
categories:
First dental x-ray tube, 21,194
gauging x-ray tube, or
analytical x-ray equipment 21,195
used in nonhealth care
applications $80.00 94.00 21,196
Each additional dental x-ray 21,197
tube, cabinet x-ray tube,
gauging x-ray tube, or 21,198
analytical x-ray equipment
used in nonhealth care
applications at the same 21,200
location $40.00 47.00 21,201
First MEDICAL x-ray tube other 21,202
than dental, cabinet, or
gauging, or analytical x-ray 21,204
equipment used in nonhealth
care applications $160.00 187.00 21,205
Each additional MEDICAL x-ray 21,206
tube other than dental,
cabinet, or gauging, or 21,207
analytical x-ray equipment 21,208
494
used in nonhealth care
applications at the same
location $80.00 94.00 21,210
Each unit of ionizing 21,211
radiation-generating equipment
capable of operating at or 21,212
above 250 kilovoltage peak $320.00 373.00 21,213
First nonionizing 21,214
radiation-generating equipment
of any kind $160.00 187.00 21,215
Each additional nonionizing 21,216
radiation-generating equipment 21,217
of any kind at the same 21,218
location $80.00 94.00 21,219
Amount of radioactive material 21,220
licensed or amount on hand at
the time of inspection, 21,222
whichever is greater:
less than 100 microcuries $100.00 21,225
100 microcuries or more, but 21,226
less than one millicurie $150.00 21,227
one millicurie or more, but 21,228
less than 100 millicuries $200.00 21,229
100 millicuries or more $400.00 21,230
Test of a sealed source for 21,231
leakage of radioactive
material $ 80.00 21,232
Assembler-maintainer 21,233
inspection consisting of an
inspection of records and 21,234
operating procedures of
handlers that install sources
of radiation $200.00 233.00 21,235
Until rules are adopted under division (A)(8) of section 21,238
495
3748.04 of the Revised Code, the fee for an inspection to 21,239
determine whether violations cited in a previous inspection have 21,241
been corrected is fifty per cent of the fee applicable under the 21,242
schedule in this division. Until those rules are adopted, the 21,243
fee for the inspection of a facility that is not licensed or 21,244
registered and for which no license or registration application 21,245
is pending at the time of inspection is two hundred fifty NINETY 21,247
dollars plus the fee applicable under the schedule in this 21,248
division.
The director may conduct a review of shielding plans or the 21,251
adequacy of shielding on the request of a licensee or registrant 21,252
or an applicant for licensure or registration or during an 21,253
inspection when the director considers a review to be necessary. 21,254
Until rules are adopted under division (A)(8) of section 3748.04 21,255
of the Revised Code, the fee for the review is four hundred 21,256
SIXTY-SIX dollars for each room where a source of radiation is 21,257
used and is in addition to any other fee applicable under the 21,258
schedule in this division.
All fees shall be paid to the department of health no later 21,260
than thirty days after the invoice for the fee is mailed. Fees 21,261
shall be deposited in the general operations fund created in 21,262
section 3701.83 of the Revised Code. The fees shall be used 21,263
solely to administer and enforce this chapter and rules adopted 21,264
under it.
Any fee required under this section that has not been paid 21,266
within ninety days after the invoice date shall be assessed at 21,267
two times the original invoiced fee. Any fee that has not been 21,268
paid within one hundred eighty days after the invoice date shall 21,269
be assessed at five times the original invoiced fee. 21,270
(C) If the director determines that a board of health of a 21,273
city or general health district is qualified to conduct 21,274
inspections of radiation-generating equipment, the director may 21,275
delegate to the board, by contract, the authority to conduct such 21,276
inspections. In making a determination of the qualifications of 21,277
496
a board of health to conduct those inspections, the director 21,278
shall evaluate the credentials of the individuals who are to 21,279
conduct the inspections of radiation-generating equipment and the 21,280
radiation detection and measuring equipment available to them for 21,281
that purpose. If a contract is entered into, the board shall 21,282
have the same authority to make inspections of 21,283
radiation-generating equipment as the director has under this 21,284
chapter and rules adopted under it. The contract shall stipulate 21,285
that only individuals approved by the director as qualified shall 21,286
be permitted to inspect radiation-generating equipment under the 21,287
contract's provisions. The contract shall provide for such 21,288
compensation for services as is agreed to by the director and the 21,289
board of health of the contracting health district. The director 21,290
may reevaluate the credentials of the inspection personnel and 21,291
their radiation detecting and measuring equipment as often as the 21,292
director considers necessary and may terminate any contract with 21,293
the board of health of any health district that, in the 21,294
director's opinion, is not satisfactorily performing the terms of 21,295
the contract.
(D) The director may enter at all reasonable times upon 21,297
any public or private property to determine compliance with this 21,298
chapter and rules adopted under it. 21,299
Sec. 3750.02. (A) There is hereby created the emergency 21,308
response commission consisting of the directors of environmental 21,309
protection and health, the chairpersons of the public utilities 21,311
commission, industrial commission, and state and local government 21,313
commission, the fire marshal, the director of public safety, the 21,314
administrator of the bureau of employment services, and the 21,315
attorney general as members ex officio, or their designees; 21,316
notwithstanding section 101.26 of the Revised Code, the 21,317
chairpersons of the respective standing committees of the senate 21,318
and house of representatives that are primarily responsible for 21,319
considering environmental issues who may participate fully in all 21,320
the commission's deliberations and activities, except that they 21,321
497
shall serve as nonvoting members; and ten members to be appointed 21,322
by the governor with the advice and consent of the senate. The 21,323
appointed members, to the extent practicable, shall have 21,324
technical expertise in the field of emergency response. Of the 21,325
appointed members, two shall represent environmental advocacy 21,326
organizations, one shall represent the interests of petroleum 21,327
refiners or marketers or chemical manufacturers, one shall 21,328
represent the interests of another industry subject to this 21,329
chapter, one shall represent the interests of municipal 21,330
corporations, one shall represent the interests of counties, one 21,331
shall represent the interests of chiefs of fire departments, one 21,332
shall represent the interests of professional fire fighters 21,333
FIREFIGHTERS, one shall represent the interests of volunteer fire 21,335
fighters FIREFIGHTERS, and one shall represent the interests of 21,337
local emergency management agencies. 21,338
An appointed member of the commission also may serve as a 21,341
member of the local emergency planning committee of an emergency 21,342
planning district. An appointed member of the commission who is 21,343
also a member of a local emergency planning committee shall not 21,344
participate as a member of the commission in the appointment of 21,345
members of the local emergency planning committee of which the 21,346
member is a member, in the review of the chemical emergency 21,348
response and preparedness plan submitted by the local emergency 21,349
planning committee of which the member is a member, in any vote 21,350
to approve a grant to the member's district, nor OR in any vote 21,352
of the commission on any motion or resolution pertaining 21,354
specifically to the member's district or the local emergency 21,356
planning committee on which the member serves. A commission 21,358
member who is also a member of a local emergency planning 21,359
committee shall not lobby or otherwise act as an advocate for the 21,360
member's district to other members of the commission to obtain 21,362
from the commission anything of value for the member's district 21,363
or the local emergency planning committee of which the member is 21,364
a member. A member of the commission who is also a member of a 21,366
498
local emergency planning committee may vote on resolutions of the 21,367
commission that apply uniformly to all local emergency planning 21,368
committees and districts in the state and do not provide a grant 21,369
or other pecuniary benefit to the member's district or the 21,370
committee of which the member is a member. 21,372
The governor shall make the initial appointments to the 21,374
commission within thirty days after December 14, 1988. Of the 21,376
initial appointments to the commission, five shall be for a term 21,379
of two years and five shall be for a term of one year. 21,380
Thereafter, terms of office of the appointed members of the 21,381
commission shall be for two years, with each term ending on the 21,382
same day of the same month as did the term that it succeeds. 21,383
Each member shall hold office from the date of appointment until 21,384
the end of the term for which the member was appointed. Members 21,386
may be reappointed. Vacancies shall be filled in the manner 21,387
provided for original appointments. Any member appointed to fill 21,388
a vacancy occurring prior to the expiration of the term for which 21,389
the member's predecessor was appointed shall hold office for the 21,391
remainder of that term. A member shall continue in office 21,392
subsequent to the expiration date of the member's term until the 21,394
member's successor takes office or until a period of sixty days 21,395
has elapsed, whichever occurs first. The commission may at any 21,396
time by a vote of two-thirds of all the members remove any 21,397
appointed member of the commission for misfeasance, nonfeasance, 21,398
or malfeasance. Members of the commission shall serve without 21,399
compensation, but shall be reimbursed for the reasonable expenses 21,400
incurred by them in the discharge of their duties as members of 21,401
the commission. 21,402
The commission shall meet at least annually and shall hold 21,404
such additional meetings as are necessary to implement and 21,405
administer this chapter. Additional meetings may be held at the 21,406
behest of either a co-chairperson or a majority of the members. 21,408
The commission shall, by adoption of internal management rules 21,409
under division (B)(9) of this section, establish an executive 21,410
499
committee and delegate to it the performance of such of the 21,411
commission's duties and powers under this chapter as are required 21,412
or authorized to be so delegated by that division. The 21,413
commission may organize itself into such additional committees as 21,414
it considers necessary or convenient to implement and administer 21,415
this chapter. The director of environmental protection and the 21,417
director of public safety or their designees shall serve as 21,418
co-chairpersons of the commission and the executive committee. 21,419
Except as otherwise provided in this chapter, a majority of the 21,420
voting members of the commission constitutes a quorum and the 21,421
affirmative vote of a majority of the voting members of the 21,422
commission is necessary for any action taken by the commission. 21,423
Meetings of the executive committee conducted for the purpose of 21,424
determining whether to issue an enforcement order or request that 21,425
a civil action, civil penalty action, or criminal action be 21,426
brought to enforce this chapter or rules adopted or orders issued 21,427
under it are not subject to section 121.22 of the Revised Code 21,428
pursuant to division (D) of that section. 21,429
Except for the purposes of Chapters 102. and 2921. and 21,431
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 21,432
as an appointed member of the commission does not constitute 21,433
holding a public office or position of employment under the laws 21,434
of this state and does not constitute grounds for removal of 21,435
public officers or employees from their offices or positions of 21,436
employment. 21,437
(B) The commission shall: 21,439
(1) Adopt rules in accordance with Chapter 119. of the 21,441
Revised Code that are consistent with and equivalent in scope, 21,442
content, and coverage to the "Emergency Planning and Community 21,443
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 21,444
and applicable regulations adopted under it: 21,445
(a) Identifying or listing extremely hazardous substances 21,447
and establishing a threshold planning quantity for each such 21,448
substance. To the extent consistent with that act and applicable 21,449
500
regulations adopted under it, the rules may establish threshold 21,450
planning quantities based upon classes of those substances or 21,451
categories of facilities at which such substances are present. 21,452
(b) Listing hazardous chemicals, establishing threshold 21,454
quantities for those chemicals, establishing categories of health 21,455
and physical hazards of those chemicals, establishing criteria or 21,456
procedures for identifying those chemicals and the appropriate 21,457
hazard categories of those chemicals, and establishing ranges of 21,458
quantities for those chemicals to be used in preparing emergency 21,459
and hazardous chemical inventory forms under section 3750.08 of 21,460
the Revised Code. To the extent consistent with that act and 21,461
applicable regulations adopted under it, the rules may establish 21,462
threshold quantities based upon classes of those chemicals or 21,463
categories of facilities where those chemicals are present. 21,464
To the extent consistent with that act, the threshold 21,466
quantities for purposes of the submission of lists of hazardous 21,467
chemicals under section 3750.07 and the submission of emergency 21,468
and hazardous chemical inventory forms under section 3750.08 of 21,469
the Revised Code may differ. 21,470
(c) Identifying or listing hazardous substances and 21,472
establishing reportable quantities of each of those substances 21,473
and each extremely hazardous substance. In addition to being 21,474
consistent with and equivalent in scope, content, and coverage to 21,475
that act and applicable regulations adopted under it, the rules 21,476
shall be consistent with and equivalent in scope, content, and 21,477
coverage to regulations identifying or listing hazardous 21,478
substances and reportable quantities of those substances adopted 21,479
under the "Comprehensive Environmental Response, Compensation, 21,480
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 21,481
amended. 21,482
(d) Prescribing the information to be included in the 21,484
lists of hazardous chemicals required to be submitted under 21,485
section 3750.07 of the Revised Code; 21,486
(e) Prescribing the information to be included in the 21,488
501
emergency and hazardous chemical inventory forms required to be 21,489
submitted under section 3750.08 of the Revised Code. If the 21,490
commission establishes its own emergency and hazardous chemical 21,491
inventory form, the rules shall authorize owners and operators of 21,492
facilities who also have one or more facilities located outside 21,493
the state for which they are required to submit inventory forms 21,494
under the federal act and regulations adopted under it to submit 21,495
their annual inventories on forms prescribed by the administrator 21,496
of the United States environmental protection agency under that 21,497
act instead of on forms prescribed by the commission and shall 21,498
require those owners or operators to submit any additional 21,499
information required by the commission's inventory form on an 21,500
attachment to the federal form. 21,501
(f) Establishing procedures for giving verbal notice of 21,503
releases under section 3750.06 of the Revised Code and 21,504
prescribing the information to be provided in such a notice and 21,505
in the follow-up written notice required by that section; 21,506
(g) Establishing standards for determining valid needs for 21,508
the release of tier II information under division (B)(4) of 21,509
section 3750.10 of the Revised Code; 21,510
(h) Identifying the types or categories of information 21,512
submitted or obtained under this chapter and rules adopted under 21,513
it that constitute confidential business information; 21,514
(i) Establishing criteria and procedures to protect trade 21,516
secret and confidential business information from unauthorized 21,517
disclosure; 21,518
(j) Establishing other requirements or authorizations that 21,520
the commission considers necessary or appropriate to implement, 21,521
administer, and enforce this chapter. 21,522
(2) Adopt rules in accordance with Chapter 119. of the 21,524
Revised Code to implement and administer this chapter that may be 21,525
more stringent than the "Emergency Planning and Community 21,526
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 21,527
and regulations adopted under it. Rules adopted under this 21,528
502
division (B)(2) OF THIS SECTION shall not be inconsistent with 21,529
that act or the regulations adopted under it. The rules shall: 21,531
(a) Prescribe the information to be included in the 21,533
chemical emergency response and preparedness plans prepared and 21,534
submitted by local emergency planning committees under section 21,535
3750.04 of the Revised Code; 21,536
(b) Establish criteria and procedures for reviewing the 21,538
chemical emergency response and preparedness plans of local 21,539
emergency planning committees required by section 3750.04 of the 21,540
Revised Code and the annual exercise of those plans and for 21,541
providing concurrence or requesting modifications in the plans 21,542
and the exercise of those plans. The criteria shall include, 21,543
without limitation, the requirement that each exercise of a 21,544
committee's plan involve, in addition to local emergency response 21,545
and medical personnel, either a facility that is subject to the 21,546
plan or a transporter of materials that are identified or listed 21,547
as hazardous materials by regulations adopted under the 21,548
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 21,549
49 U.S.C.A. 1801, as amended. 21,550
(c) Establish policies and procedures for maintaining 21,552
information submitted to the commission and local emergency 21,553
planning committees under this chapter, and for receiving and 21,554
fulfilling requests from the public for access to review and to 21,555
obtain copies of that information. The criteria and procedures 21,556
shall include the following requirements and authorizations 21,557
regarding that information and access to it: 21,558
(i) Information that is protected as trade secret 21,560
information or confidential business information under this 21,561
chapter and rules adopted under it shall be kept in files that 21,562
are separate from those containing information that is not so 21,563
protected;. 21,564
(ii) The original copies of information submitted to the 21,566
commission or committee shall not be removed from the custody and 21,567
control of the commission or committee;. 21,568
503
(iii) A person who, either in person or by mail, requests 21,570
to obtain a copy of a material safety data sheet submitted under 21,571
this chapter by a facility owner or operator shall submit a 21,572
separate application for each facility for which a material 21,573
safety data sheet is being requested;. 21,574
(iv) A person who requests to receive by mail a copy of 21,576
information submitted under this chapter by a facility owner or 21,577
operator shall submit a separate application for each facility 21,578
for which information is being requested, and shall specify both 21,579
the facility for which information is being requested and the 21,580
particular types of documents requested;. 21,581
(v) Only employees of the commission or committee shall 21,583
copy information in the files of the commission or committee;. 21,584
(vi) The commission or committee may require any person 21,586
who requests to review or obtain a copy of information in its 21,587
files to schedule an appointment for that purpose with the 21,588
information coordinator of the commission or committee at least 21,589
twenty-four hours before arriving at the office of the commission 21,590
or committee for the review or copy. 21,591
(vii) Any person who seeks access to information in the 21,593
files of the commission or a local emergency planning committee 21,594
shall submit a written application, either in person or by mail, 21,595
to the information coordinator on a form provided by the 21,596
commission or committee. The person also shall provide the 21,597
person's name and current mailing address on the application and 21,599
may be requested by the commission or committee to provide basic 21,600
demographic information on the form to assist in the evaluation 21,601
of the information access provisions of this chapter and rules 21,602
adopted under it. Application forms may be obtained by mail or 21,603
in person or by request by telephone at the office of the 21,604
commission or committee during regular business hours. Upon 21,605
receipt of a request for an application by telephone or mail, the 21,606
information coordinator shall promptly mail an application to the 21,607
person who requested it. 21,608
504
(viii) The application form shall provide the applicant 21,610
with a means of indicating that the applicant's name and address 21,612
are to be kept confidential. If the applicant so indicates, that 21,613
information is not a public record under section 149.43 of the 21,614
Revised Code and shall not be disclosed to any person who is not 21,615
a member or employee of the commission or committee or an 21,616
employee of the environmental protection agency. When a name and 21,617
address are to be kept confidential, they also shall be deleted 21,618
from the copy of the application required to be placed in the 21,619
file of the facility under division (B)(2)(c)(xii) of this 21,620
section and shall be withheld from any log of information 21,621
requests kept by the commission or committee pursuant to that 21,622
division. 21,623
(ix) Neither the commission nor a local emergency planning 21,625
committee shall charge any fee for access to review information 21,626
in its files when no copies or computer searches of that 21,627
information are requested;. 21,628
(x) An applicant shall be informed of the cost of copying, 21,630
mailing, or conducting a computer search of information on file 21,631
with the commission or committee before such a copy or search is 21,632
made, and the commission or committee shall collect the 21,633
appropriate fees as established under section 3750.13 of the 21,634
Revised Code. Each applicant shall acknowledge on the 21,635
application form that the applicant is aware that the applicant 21,637
will be charged for copies and computer searches of that 21,638
information the applicant requests and for the costs of mailing 21,640
copies of the information to the applicant.
(xi) The commission or committee may require a person 21,642
requesting copies of information on file with it to take delivery 21,643
of them in the office of the commission or committee whenever it 21,644
considers the volume of the information to be large enough to 21,645
make mailing or delivery by a parcel or package delivery service 21,646
impractical;. 21,647
(xii) When the commission or committee receives a request 21,649
505
for access to review or obtain copies of information in its 21,650
files, it shall not routinely notify the owner or operator of the 21,651
facility involved, but instead shall either keep a log or file of 21,652
requests for the information or shall place a copy of each 21,653
completed application form in the file for the facility to which 21,654
the application pertains. Such a log or file shall be available 21,655
for review by the public and by the owners and operators of 21,656
facilities required to submit information to the commission or 21,657
committee under this chapter and rules adopted under it. 21,658
(d) Require that claims for the protection, as a trade 21,660
secret, of information obtained under this chapter regarding 21,661
extremely hazardous substances identified or listed in rules 21,662
adopted under division (B)(1)(a) of this section and hazardous 21,663
chemicals identified or listed in rules adopted under division 21,664
(B)(1)(b) of this section be submitted to the administrator of 21,665
the United States environmental protection agency for 21,666
determination under section 322 of the "Emergency Planning and 21,667
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 21,668
11042, and regulations adopted under that section; 21,669
(e) Establish criteria and procedures for the issuance of 21,671
variances under divisions (B) and (C) of section 3750.11 of the 21,672
Revised Code. The rules shall require that, before approval of 21,673
an application for a variance, the commission or committee find 21,674
by a preponderance of the scientific evidence based upon 21,675
generally accepted scientific principles or laboratory tests that 21,676
the extremely hazardous substances, hazardous chemicals, or 21,677
hazardous substances that would be subject to the reporting 21,678
requirement pose a substantial risk of catastrophic injury to 21,679
public health or safety or to the environment, or pose an 21,680
extraordinary risk of injury to emergency management personnel 21,681
responding to a release of the chemicals or substances, when the 21,682
substances or chemicals are present at a facility in an amount 21,683
equal to or exceeding the quantity for which reporting would be 21,684
required under the reporting requirement for which the variance 21,685
506
is sought. The rules shall also require that before approval of 21,686
an application for a variance, the commission or committee find 21,687
by a preponderance of the evidence that the development and 21,688
implementation of a local emergency response plan for releases of 21,689
the substances or chemicals covered by the reporting requirement 21,690
will reduce the risk of catastrophic injury to public health or 21,691
safety or to the environment, or will reduce the extraordinary 21,692
risk of injury to responding emergency management personnel, in 21,693
the event of a release of the substances or chemicals and find by 21,694
a preponderance of the evidence that the reporting requirement is 21,695
necessary for the development of such a local emergency response 21,696
plan. The rules shall require that when determining whether the 21,697
substances or chemicals that would be subject to the reporting 21,698
requirement pose a substantial risk of catastrophic injury to 21,699
public health or safety or to the environment, or pose an 21,700
extraordinary risk of injury to emergency management personnel 21,701
responding to a release of the substance or chemical, the 21,702
commission or committee consider all of the following factors: 21,703
(i) The specific characteristics and degree and nature of 21,705
the hazards posed by a release of the extremely hazardous 21,706
substances, hazardous chemicals, or hazardous substances; 21,707
(ii) The proximity of the facilities that would be subject 21,709
to the reporting requirement to residential areas, to areas where 21,710
significantly large numbers of people are employed or otherwise 21,711
congregate, and to environmental resources that are subject to 21,712
injury; 21,713
(iii) The quantities of the extremely hazardous 21,715
substances, hazardous chemicals, or hazardous substances that are 21,716
routinely present at facilities that would be subject to the 21,717
reporting requirement; 21,718
(iv) The frequency with which the extremely hazardous 21,720
substances, hazardous chemicals, or hazardous substances are 21,721
present at the facilities that would be subject to the reporting 21,722
requirement in quantities for which reporting would be required 21,723
507
thereunder. 21,724
(f) Establish criteria and procedures for the issuance of 21,726
orders under division (D) of section 3750.11 of the Revised Code 21,727
requiring the placement of emergency response lock box units. 21,728
The rules shall require that before approval of an application 21,729
for issuance of such an order, the commission or committee find 21,730
by a preponderance of the scientific evidence based upon 21,731
generally accepted scientific principles or laboratory tests that 21,732
the presence of the extremely hazardous substances, hazardous 21,733
chemicals, or hazardous substances in the quantities in which 21,734
they are routinely or intermittently present at the facility for 21,735
which the order is sought pose a substantial risk of catastrophic 21,736
injury to public health or safety or to the environment, or pose 21,737
an extraordinary risk of injury to responding emergency 21,738
management personnel, in the event of a release of any of those 21,739
substances or chemicals from the facility. The rules shall 21,740
require that before approval of an application for issuance of 21,741
such an order, the commission or committee also find by a 21,742
preponderance of the evidence that the placement of an emergency 21,743
response lock box unit at the facility is necessary to protect 21,744
against the substantial risk of catastrophic injury to public 21,745
health or safety or the environment, or to protect against an 21,746
extraordinary risk of injury to responding emergency management 21,747
personnel, in the event of a release of any of the extremely 21,748
hazardous substances, hazardous chemicals, or hazardous 21,749
substances routinely or intermittently present at the facility. 21,750
The rules shall require that when determining whether the 21,751
extremely hazardous substances, hazardous chemicals, or hazardous 21,752
substances present at the facility pose a substantial risk of 21,753
catastrophic injury to public health or safety or to the 21,754
environment, or pose an extraordinary risk of injury to 21,755
responding emergency management personnel, in the event of a 21,756
release of any of those substances or chemicals from the 21,757
facility, the commission or committee consider all of the 21,758
508
following factors: 21,759
(i) The specific characteristics and the degree and nature 21,761
of the hazards posed by a release of the extremely hazardous 21,762
substances, hazardous chemicals, or hazardous substances present 21,763
at the facility; 21,764
(ii) The proximity of the facility to residential areas, 21,766
to areas where significantly large numbers of people are employed 21,767
or otherwise congregate, and to environmental resources that are 21,768
subject to injury; 21,769
(iii) The quantities of the extremely hazardous 21,771
substances, hazardous chemicals, or hazardous substances that are 21,772
routinely present at the facility; 21,773
(iv) The frequency with which the extremely hazardous 21,775
substances, hazardous chemicals, or hazardous substances are 21,776
present at the facility. 21,777
(g) Establish procedures to be followed by the commission 21,779
and the executive committee of the commission for the issuance of 21,780
orders under this chapter. 21,781
(3) In accordance with Chapter 119. of the Revised Code 21,783
adopt rules establishing reportable quantities for releases of 21,784
oil that are consistent with and equivalent in scope, content, 21,785
and coverage to section 311 of the "Federal Water Pollution 21,786
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 21,787
as amended, and applicable regulations adopted under it.; 21,788
(4) Adopt rules in accordance with Chapter 119. of the 21,790
Revised Code establishing criteria and procedures for identifying 21,791
or listing extremely hazardous substances in addition to those 21,792
identified or listed in rules adopted under division (B)(1)(a) of 21,793
this section and for establishing threshold planning quantities 21,794
and reportable quantities for the added extremely hazardous 21,795
substances; for identifying or listing hazardous chemicals in 21,796
addition to those identified or listed in rules adopted under 21,797
division (B)(1)(b) of this section and for establishing threshold 21,798
quantities and categories of health and physical hazards for the 21,799
509
added hazardous chemicals; and for identifying or listing 21,800
hazardous substances in addition to those identified or listed in 21,801
rules adopted under division (B)(1)(c) OF THIS SECTION and for 21,802
establishing reportable quantities for the added hazardous 21,804
substances. The criteria for identifying or listing additional 21,805
extremely hazardous substances and establishing threshold 21,806
planning quantities and reportable quantities therefor and for 21,807
identifying or listing additional hazardous chemicals and 21,808
establishing threshold quantities and categories of health and 21,809
physical hazards for the added hazardous chemicals shall be 21,810
consistent with and equivalent to applicable criteria therefor 21,811
under the "Emergency Planning and Community Right-To-Know Act of 21,812
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 21,813
under it. The criteria for identifying additional hazardous 21,814
substances and for establishing reportable quantities of the 21,815
added hazardous substances shall be consistent with and 21,816
equivalent to the applicable criteria for identifying or listing 21,817
hazardous substances and establishing reportable quantities 21,818
therefor under the "Comprehensive Environmental Response, 21,819
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 21,820
U.S.C.A. 9602, as amended, and regulations adopted under it. The 21,821
THE rules shall require that, before identifying or listing 21,824
any such additional extremely hazardous substance, hazardous 21,825
chemical, or hazardous substance and establishing a threshold 21,826
planning quantity, threshold quantity, or reportable quantity 21,827
therefor, the commission find by a preponderance of the 21,828
scientific evidence based on generally accepted scientific 21,829
principles or laboratory tests that the substance or chemical 21,830
poses a substantial risk of catastrophic injury to public health 21,831
or safety or to the environment, or poses an extraordinary risk 21,832
of injury to emergency management personnel responding to a 21,833
release of the chemical or substance, when the chemical or 21,834
substance is present at a facility in an amount equal to the 21,835
proposed threshold planning quantity or threshold quantity or, in 21,836
510
the instance of a proposed additional extremely hazardous 21,837
substance or hazardous substance, poses a substantial risk of 21,838
catastrophic injury to public health or safety or to the 21,839
environment if a release of the proposed reportable quantity of 21,840
the substance occurs. The rules shall further require that, 21,841
before so identifying or listing a substance or chemical, the 21,842
commission find by a preponderance of the evidence that the 21,843
development and implementation of state or local emergency 21,844
response plans for releases of the substance or chemical will 21,845
reduce the risk of a catastrophic injury to public health or 21,846
safety or to the environment, or will reduce the extraordinary 21,847
risk of injury to responding emergency response personnel, in the 21,848
event of a release of the substance or chemical and find by a 21,849
preponderance of the evidence that the identification or listing 21,850
of the substance or chemical is necessary for the development of 21,851
state or local emergency response plans for releases of the 21,852
substance or chemical. The rules shall require that the 21,853
commission consider the toxicity of the substance or chemical in 21,854
terms of both the short-term and long-term health effects 21,855
resulting from exposure to it and its reactivity, volatility, 21,856
dispersibility, combustibility, and flammability when determining 21,857
the risks posed by a release of the substance or chemical and, as 21,858
appropriate, when establishing a threshold planning quantity, 21,859
threshold quantity, reportable quantity, or category of health or 21,860
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 21,862
Revised Code establishing criteria and procedures for receiving 21,863
and deciding claims for protection of information as a trade 21,864
secret that are applicable only to extremely hazardous substances 21,865
and hazardous chemicals identified or listed in rules adopted 21,866
under division (C)(5) of this section. The rules shall be 21,867
equivalent in scope, content, and coverage to section 322 of the 21,868
"Emergency Planning and Community Right-To-Know Act of 1986," 100 21,869
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 21,870
511
(6)(a) After consultation with the fire marshal, adopt 21,872
rules in accordance with Chapter 119. of the Revised Code 21,873
establishing standards for the construction, placement, and use 21,874
of emergency response lock box units at facilities that are 21,875
subject to this chapter. The rules shall establish all of the 21,876
following: 21,877
(i) Specific standards of construction for lock box units; 21,879
(ii) The specific types of information that shall be 21,881
placed in the lock box units required to be placed at a facility 21,882
by an order issued under division (D) of section 3750.11 of the 21,883
Revised Code, which shall include the location of on-site 21,884
emergency fire-fighting and spill cleanup equipment; a diagram of 21,885
the public and private water supply and sewage systems serving 21,886
the facility that are known to the owner or operator of the 21,887
facility; a copy of the emergency and hazardous chemical 21,888
inventory form for the facility most recently required to be 21,889
submitted under section 3750.08 of the Revised Code from which 21,890
the owner or operator may withhold information claimed or 21,891
determined to be trade secret information pursuant to rules 21,892
adopted under division (B)(2)(d) of this section, or pursuant to 21,893
division (B)(14) of this section and rules adopted under division 21,894
(B)(5) of this section, and confidential business information 21,895
identified in rules adopted under division (B)(1)(h) of this 21,896
section; a copy of the local fire department's and facility's 21,897
emergency management plans for the facility, if any; a current 21,898
list of the names, positions, addresses, and telephone numbers of 21,899
all key facility personnel knowledgeable in facility safety 21,900
procedures and the locations at the facility where extremely 21,901
hazardous substances, hazardous chemicals, and hazardous 21,902
substances are produced, used, or stored. The rules shall 21,903
stipulate that, in the instance of lock box units placed 21,904
voluntarily at facilities by the owners or operators of the 21,905
facilities, such information shall be maintained in them as is 21,906
prescribed by agreement by the owner or operator and the fire 21,907
512
department having jurisdiction over the facility. 21,908
(iii) The conditions that shall be met in order to provide 21,910
safe and expedient access to a lock box unit during a release or 21,911
threatened release of an extremely hazardous substance, hazardous 21,912
chemical, or hazardous substance. 21,913
(b) Unless the owner or operator of a facility is issued 21,915
an order under division (D) of section 3750.11 of the Revised 21,916
Code requiring the owner or operator to place a lock box unit at 21,918
the facility, the owner or operator may place a lock box unit at 21,919
the facility at the owner's or operator's discretion. If the 21,921
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 21,923
box unit is in addition to any other obligations established in 21,924
this chapter.
(c) Any costs associated with the purchase, construction, 21,926
or placement of a lock box unit shall be paid by the owner or 21,927
operator of the facility. 21,928
(7) In accordance with Chapter 119. of the Revised Code, 21,930
adopt rules governing the application for and awarding of grants 21,931
under division (C) of section 3750.14 and division (B) of section 21,932
3750.15 of the Revised Code; 21,933
(8) Adopt rules in accordance with Chapter 119. of the 21,935
Revised Code establishing reasonable maximum fees that may be 21,936
charged by the commission and local emergency planning committees 21,937
for copying information in the commission's or committee's files 21,938
to fulfill requests from the public for that information; 21,939
(9) Adopt internal management rules governing the 21,941
operations of the commission. The internal management rules 21,942
shall establish an executive committee of the commission 21,943
consisting of the director of environmental protection or the 21,944
director's designee, the director of public safety or the 21,946
director's designee, the attorney general or the attorney 21,948
general's designee, one of the appointed members of the 21,950
commission representing industries subject to this chapter to be 21,951
513
appointed by the commission, one of the appointed members of the 21,952
commission representing the interests of environmental advocacy 21,953
organizations to be appointed by the commission, and one other 21,954
appointed member or member ex officio of the commission to be 21,955
appointed by the commission. The executive committee has 21,956
exclusive authority to issue enforcement orders under section 21,957
3750.18 of the Revised Code and to request the attorney general 21,958
to bring a civil action, civil penalty action, or criminal action 21,959
under section 3750.20 of the Revised Code in the name of the 21,960
commission regarding violations of this chapter, rules adopted 21,961
under it, or orders issued under it. The internal management 21,962
rules may set forth the other specific powers and duties of the 21,963
commission that the executive committee may exercise and carry 21,964
out and the conditions under which the executive committee may do 21,965
so. The internal management rules shall not authorize the 21,966
executive committee to issue variances under division (B) or (C) 21,967
of section 3750.11 of the Revised Code or orders under division 21,968
(D) of that section.
(10) Oversee and coordinate the implementation and 21,970
enforcement of this chapter and make such recommendations to the 21,971
director of environmental protection and the director of public 21,973
safety as it considers necessary or appropriate to improve the 21,974
implementation and enforcement of this chapter; 21,975
(11) Make allocations of moneys under division (B) of 21,977
section 3750.14 of the Revised Code and make grants under 21,978
division (C) of section 3750.14 and division (B) of section 21,979
3750.15 of the Revised Code; 21,980
(12) Designate an officer of the environmental protection 21,982
agency to serve as the commission's information coordinator under 21,983
this chapter; 21,984
(13) Not later than December 14, 1989, develop and 21,987
distribute a state emergency response plan that defines the 21,989
emergency response roles and responsibilities of the state 21,990
agencies that are represented on the commission and that provides 21,991
514
appropriate coordination with the national contingency plan and 21,992
the regional contingency plan required by section 105 of the 21,993
"Comprehensive Environmental Response, Compensation, and 21,994
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 21,995
amended. The plan shall ensure a well-coordinated response by 21,996
state agencies that may be involved in assisting local emergency 21,997
responders during a major release of oil or a major sudden and 21,998
accidental release of a hazardous substance or extremely 21,999
hazardous substance. The plan may incorporate existing state 22,000
emergency response plans by reference. At least annually, the 22,001
commission and the state agencies that are represented on it 22,002
shall jointly exercise the state plan in conjunction with the 22,003
exercise of a local emergency response plan by a local emergency 22,004
planning committee under section 3750.04 of the Revised Code. 22,005
After any such exercise, the commission shall review the state 22,006
plan and make such revisions in it as the commission considers 22,007
necessary or appropriate.
(14) Receive and decide claims for the protection of 22,009
information as a trade secret that pertain only to extremely 22,010
hazardous substances and hazardous chemicals identified or listed 22,011
by rules adopted under division (C)(5) of this section. If the 22,012
commission determines that the claim meets the criteria 22,013
established in rules adopted under division (B)(5) of this 22,014
section, it shall issue an order to that effect in accordance 22,015
with section 3750.18 of the Revised Code. If the commission 22,016
determines that the claim does not meet the criteria established 22,017
in those rules, it shall issue an order to that effect in 22,018
accordance with section 3750.18 of the Revised Code. 22,019
(15) Annually compile, make available to the public, and 22,021
submit to the president of the senate and the speaker of the 22,022
house of representatives a summary report on the number of 22,023
facilities estimated to be subject to regulation under sections 22,024
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 22,025
facilities reporting to the commission, an estimate of the 22,026
515
percentage of facilities in compliance with those sections, and 22,027
recommendations regarding the types of activities the commission 22,028
considers necessary to improve such compliance. The commission 22,029
shall base its estimate of the number of facilities that are 22,030
subject to regulation under those sections on the current 22,031
estimates provided by the local emergency planning committees 22,032
under division (D)(6) of section 3750.03 of the Revised Code. 22,033
(C) The commission may: 22,035
(1) Procure by contract the temporary or intermittent 22,037
services of experts or consultants when those services are to be 22,038
performed on a part-time or fee-for-service basis and do not 22,039
involve the performance of administrative duties; 22,040
(2) Enter into contracts or agreements with political 22,042
subdivisions or emergency planning districts for the purposes of 22,043
this chapter; 22,044
(3) Accept on behalf of the state any gift, grant, or 22,046
contribution from any governmental or private source, for the 22,047
purposes of this chapter; 22,048
(4) Enter into contracts, agreements, or memoranda of 22,050
understanding with any state department, agency, board, 22,051
commission, or institution to obtain the services of personnel 22,052
thereof or utilize resources thereof for the purposes of this 22,053
chapter. Employees of a state department, agency, board, 22,054
commission, or institution providing services to the commission 22,055
under any such contract, agreement, or memorandum shall perform 22,056
only those functions and provide only the services provided for 22,057
in the contract, agreement, or memorandum. 22,058
(5) Identify or list extremely hazardous substances in 22,060
addition to those identified or listed in rules adopted under 22,061
division (B)(1)(a) of this section and establish threshold 22,062
planning quantities and reportable quantities for the additional 22,063
extremely hazardous substances, identify or list hazardous 22,064
chemicals in addition to those identified or listed in rules 22,065
adopted under division (B)(1)(b) of this section and establish 22,066
516
threshold quantities and categories or health and physical 22,067
hazards for the added chemicals, and identify or list hazardous 22,068
substances in addition to those identified or listed in rules 22,069
adopted under division (B)(1)(c) of this section and establish 22,070
reportable quantities for the added hazardous substances. The 22,071
commission may establish threshold planning quantities for the 22,072
additional extremely hazardous substances based upon classes of 22,073
those substances or categories of facilities at which they are 22,074
present and may establish threshold quantities for the additional 22,075
hazardous chemicals based upon classes of those chemicals or 22,076
categories of facilities where they are present. The commission 22,077
shall identify or list such additional substances or chemicals 22,078
and establish threshold planning quantities, threshold 22,079
quantities, reportable quantities, and hazard categories therefor 22,080
in accordance with the criteria and procedures established in 22,081
rules adopted under division (B)(4) of this section and, after 22,082
compliance with those criteria and procedures, by the adoption of 22,083
rules in accordance with Chapter 119. of the Revised Code. The 22,084
commission shall not adopt rules under division (C)(5) of this 22,085
section modifying any threshold planning quantity established in 22,086
rules adopted under division (B)(1)(a) of this section, any 22,087
threshold quantity established in rules adopted under division 22,088
(B)(1)(b) of this section, nor OR any reportable quantity 22,089
established in rules adopted under division (B)(1)(c) of this 22,090
section. 22,091
If, after the commission has adopted rules under this 22,093
division (C)(5) OF THIS SECTION identifying or listing an 22,094
extremely hazardous substance, hazardous chemical, or hazardous 22,096
substance, the administrator of the United States environmental 22,097
protection agency identifies or lists the substance or chemical 22,098
as an extremely hazardous substance or hazardous chemical under 22,099
the "Emergency Planning and Community Right-To-Know Act of 1986," 22,100
100 Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a 22,101
substance as a hazardous substance under the "Comprehensive 22,102
517
Environmental Response, Compensation, and Liability Act of 1980," 22,103
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, the commission shall 22,104
rescind its rules adopted under DIVISION (C)(5) OF this section 22,105
pertaining to the substance or chemical and adopt the appropriate 22,107
rules under division (B)(1)(a), (b), or (c) of this section. 22,108
(6) From time to time, request the director of 22,110
environmental protection and the deputy EXECUTIVE director of the 22,112
emergency management agency to review implementation, 22,113
administration, and enforcement of the chemical emergency 22,114
response planning and reporting programs created by this chapter 22,115
and rules adopted under it regarding their effectiveness in 22,116
preparing for response to releases of extremely hazardous 22,117
substances, hazardous chemicals, and hazardous substances. After 22,118
completion of any such review, the director of environmental 22,119
protection and the director of public safety shall report their 22,121
findings to the commission. Upon receipt of their findings, the 22,123
commission may make such recommendations for legislative and 22,124
administrative action as the commission finds necessary or 22,125
appropriate to promote achievement of the purposes of this 22,126
chapter.
(D) Except as provided in section 3750.06 of the Revised 22,128
Code, nothing in this chapter applies to the transportation, 22,129
including the storage incident to transportation, of any 22,130
substance or chemical subject to the requirements of this 22,131
chapter, including the transportation and distribution of natural 22,132
gas. 22,133
(E) This chapter authorizes the state, through the 22,135
emergency response commission, the department of public safety, 22,137
and THE environmental protection agency, to establish and 22,138
maintain chemical emergency response planning and preparedness, 22,139
community right-to-know, and hazardous substance and extremely 22,140
hazardous substance release reporting programs that are 22,141
consistent with and equivalent in scope, coverage, and content to 22,142
the "Emergency Planning and Community Right-To-Know Act of 1986," 22,143
518
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 22,145
it, except as otherwise specifically required or authorized in 22,146
this chapter. The commission, department, and agencies may do 22,148
all things necessary, incidental, or appropriate to implement, 22,149
administer, and enforce this chapter and to perform the duties 22,150
and exercise the powers of the state emergency response 22,151
commission under that act and regulations adopted under it and 22,152
under this chapter.
Sec. 3769.20. (A) To encourage the renovation of existing 22,161
racing facilities for the benefit of the public, breeders, and 22,162
horse owners, and to increase the revenue to the state from the 22,163
increase in pari-mutuel wagering resulting from such improvement, 22,164
the taxes paid by a permit holder to the state, in excess of the 22,165
amount paid to the PASSPORT fund, shall be reduced by one per 22,167
cent of the total amount wagered for those permit holders who 22,168
carry out a "major capital improvement project," as defined in 22,169
this section. The percentage of the reduction that may be taken 22,171
each racing day shall equal seventy-five per cent of the tax 22,172
levied under divisions (B) and (C) of section 3769.08, section 22,173
3769.087, and division (F)(2) of section 3769.26 of the Revised 22,174
Code, as applicable, divided by the calculated amount each fund 22,175
should receive under divisions (B) and (C) of section 3769.08,
section 3769.087, and division (F)(2) of section 3769.26 of the 22,176
Revised Code and the reduction provided for in this section. If 22,178
the resulting percentage is less than one, that percentage shall
be multiplied by the amount of the reduction provided for in this 22,179
section. Otherwise, the permit holder shall receive the full 22,180
reduction provided for in this section. The amount of the 22,181
allowable reduction not received shall be carried forward and 22,182
added to any other reduction balance and applied against future 22,183
tax liability. After any reductions expire, any reduction
carried forward shall be treated as a reduction as provided for 22,184
in this section. If the amount of allowable abatement exceeds 22,185
the amount of taxes derived from a permit holder, the amount of 22,187
519
the allowable abatement not used may be carried forward and 22,188
applied against future tax liability. If more than one permit 22,189
holder is authorized to conduct racing at the facility which THAT 22,190
is being improved, the cost of the major capital improvement 22,192
project shall be allocated between or among all the permit 22,193
holders in the ratio that each permit holder's number of racing 22,194
days bears to the total number of racing days conducted at the 22,195
facility. Such reduction shall start from the day racing is 22,196
first conducted following the date on which the major capital 22,197
improvement project is completed and the construction cost has 22,198
been certified by the state racing commission, except as 22,199
otherwise provided in division (B)(E) of this section, and shall 22,201
continue until the total tax reduction equals the cost of the 22,202
major capital improvement project plus debt service applicable to 22,203
the project. In no event, however, shall any tax reduction, 22,204
excluding any reduction balances, be permitted under this section 22,205
after December 31, 2004 2014. The total tax reduction because of 22,207
the major capital improvement project shall not during any one 22,208
year exceed for all permit holders using any one track, one per 22,210
cent of the total amount wagered. The commission shall notify 22,211
the tax commissioner when the diminution of tax begins and when 22,212
it ends.
(B) Each fiscal year, the commission shall submit a report 22,214
to the tax commissioner, the office of budget and management, and 22,215
the legislative budget office of the legislative service 22,216
commission. The report shall identify each capital improvement 22,217
project undertaken under this section and in progress at each 22,218
race track, indicate the total cost of each such project, state 22,219
the tax reduction that resulted from each such project during the 22,220
immediately preceding fiscal year, estimate the tax reduction 22,221
that will result from each such project during the current fiscal 22,222
year, state the total tax reduction that resulted from all such 22,223
projects at all race tracks during the immediately preceding 22,224
fiscal year, and estimate the total tax reduction that will 22,225
520
result from all such projects at all race tracks during the 22,226
current fiscal year. 22,227
(C) The tax reduction granted pursuant to this section 22,229
shall be in addition to any tax reductions for capital 22,230
improvements and new tracks provided for in section 3769.08 of 22,231
the Revised Code and approved by the racing commission prior to 22,232
March 29, 1988.
(D) In order to qualify for the reduction in tax, a permit 22,234
holder shall apply to the commission in such form as the 22,235
commission may require and shall provide full details of the 22,236
major capital improvement project, including plans and 22,237
specifications, a schedule for the project's construction and 22,238
completion, and a breakdown of proposed costs. In addition, the 22,239
permit holder shall have commenced construction of the major 22,240
capital improvement project or shall have had the application for 22,241
the project approved by the racing commission prior to March 29, 22,242
1988. The commission shall not approve an application unless the 22,243
permit holder shows that a contract for the major capital 22,244
improvement project has been let under an unrestricted 22,245
competitive bidding procedure, unless the contract is exempted by 22,246
the controlling board because of its unusual nature. In 22,247
determining whether to approve an application, the commission 22,248
shall consider whether the major capital improvement project will 22,249
promote the safety, convenience, and comfort of the racing public 22,250
and horse owners and generally tend toward the improvement of 22,251
racing in this state. 22,252
(B)(E) If the major capital improvement project is 22,254
approved by the commission and construction has started, the tax 22,255
adjustment may be authorized by the commission upon presentation 22,256
of copies of paid bills in excess of five hundred thousand 22,257
dollars. After the initial authorization, the permit holder 22,258
shall present copies of paid bills in the amount of not less than 22,259
five hundred thousand dollars. If the permit holder is in 22,260
substantial compliance with the schedule for construction and 22,261
521
completion of the major capital improvement project, the 22,262
commission may authorize the continuance of the tax adjustment 22,263
upon the presentation of such additional paid bills in increments 22,264
of five hundred thousand dollars. The commission may terminate 22,265
the tax adjustment if a permit holder fails to complete the major 22,266
capital improvement project, or fails to comply substantially 22,267
with the schedule for construction and completion of the major 22,268
capital improvement project. If the time for completion of the 22,269
major capital improvement project is delayed by acts of God, 22,270
strikes, or the unavailability of labor or materials, the time 22,271
for completion as set forth in the schedule shall be extended by 22,272
the period of such THE delay. If a permit holder fails to 22,273
complete the major capital improvement project, the commission 22,275
shall order the permit holder to repay to the state the total 22,276
amount of tax reduced, unless the permit holder has spent at 22,277
least six million dollars on the project. The normal tax paid by 22,278
the permit holder under section 3769.08 of the Revised Code shall 22,279
be increased by one per cent of the total amount wagered until 22,280
the total amount of the additional tax collected equals the total 22,281
amount of tax reduced. Any action taken by the commission 22,282
pursuant to this section in terminating the tax adjustment or 22,283
requiring repayment of the amount of tax reduced shall be subject 22,284
to Chapter 119. of the Revised Code. 22,285
(F) As used in this section, "major capital improvement 22,287
project" means the renovation, reconstruction, or remodeling, 22,288
costing at least six million dollars, of a race track facility, 22,289
including, but not limited to, the construction of barns used 22,290
exclusively for such THAT race track facility, backstretch 22,291
facilities for horsemen, paddock facilities, pari-mutuel and 22,293
totalizator equipment and appurtenances to that equipment 22,294
purchased by the track, new access roads, new parking areas, the 22,295
complete reconstruction, reshaping, and leveling of the race 22,296
track and appurtenances, grandstand enclosure, installation of 22,297
permanent new heating or air conditioning, roof replacement, and 22,298
522
installations of a permanent nature forming a part of the track 22,299
structure. 22,300
(G) The cost and expenses to which the tax reduction 22,302
GRANTED UNDER THIS SECTION applies shall be determined by 22,304
generally accepted accounting principles and be verified by an 22,305
audit of the permit holder's records, upon completion of the 22,306
major capital improvement project, either by the commission or by 22,307
an independent certified public accountant selected by the permit 22,308
holder and approved by the commission.
(H) THIS SECTION AND SECTION 3769.201 OF THE REVISED CODE 22,311
GOVERN ANY TAX REDUCTION GRANTED TO A PERMIT HOLDER FOR THE COST
TO THE PERMIT HOLDER OF ANY CLEANUP, REPAIR, OR IMPROVEMENT 22,312
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE 1997 OHIO RIVER 22,313
FLOOD TO THE PLACE, TRACK, OR ENCLOSURE FOR WHICH THE PERMIT IS 22,314
ISSUED.
Sec. 3769.201. THE HOLDER OF A PERMIT ISSUED UNDER SECTION 22,317
3769.06 OF THE REVISED CODE MAY APPLY TO THE STATE RACING 22,318
COMMISSION FOR THE TAX REDUCTION AVAILABLE UNDER SECTION 3769.20 22,319
OF THE REVISED CODE FOR THE COST TO THE PERMIT HOLDER OF ANY 22,320
CLEANUP, REPAIR, OR IMPROVEMENT REQUIRED AS A RESULT OF DAMAGE 22,321
CAUSED BY THE 1997 OHIO RIVER FLOOD TO THE PLACE, TRACK, OR 22,322
ENCLOSURE FOR WHICH THE PERMIT IS ISSUED. AS PART OF THE 22,323
APPLICATION, THE PERMIT HOLDER SHALL SUBMIT EVIDENCE OF PAYMENT
OF THE COST OF THE CLEANUP, REPAIR, OR IMPROVEMENT. THE 22,324
COMMISSION SHALL APPROVE THE TAX REDUCTION IN THE AMOUNT OF THE 22,325
COST TO THE PERMIT HOLDER, NET OF ANY INSURANCE PROCEEDS, OF ANY 22,326
CLEANUP, REPAIR, OR IMPROVEMENT THE COMMISSION DETERMINES WAS 22,327
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE FLOOD. THE PERMIT 22,328
HOLDER NEED NOT HAVE FOLLOWED UNRESTRICTED COMPETITIVE BIDDING
PROCEDURES AS REQUIRED UNDER SECTION 3769.20 OF THE REVISED CODE 22,330
TO QUALIFY FOR THE REDUCTION UNDER THIS SECTION.
THE PERMIT HOLDER SHALL CLAIM THE TAX REDUCTION UNDER THIS 22,332
SECTION IN THE SAME MANNER AS IF IT WERE A TAX REDUCTION FOR A 22,333
MAJOR CAPITAL IMPROVEMENT PROJECT UNDER SECTION 3769.20 OF THE 22,335
523
REVISED CODE. THE PERCENTAGE OF THE REDUCTION THAT MAY BE TAKEN 22,336
EACH RACING DAY SHALL EQUAL THE PERCENTAGE ALLOWED FOR A 22,337
REDUCTION UNDER SECTION 3769.20 OF THE REVISED CODE. A REDUCTION 22,338
UNDER THIS SECTION SHALL BE IN ADDITION TO, AND SHALL BE TAKEN
AFTER COMPLETION OF, A REDUCTION APPROVED UNDER SECTION 3769.20 22,339
OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. A PERMIT 22,341
HOLDER SHALL NOT TAKE A REDUCTION UNDER THIS SECTION FOR A REPAIR
OR IMPROVEMENT FOR WHICH A REDUCTION IS TAKEN UNDER SECTION 22,342
3769.20 OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. 22,343
Sec. 3770.03. (A) The state lottery commission shall 22,352
promulgate rules under which a statewide lottery may be 22,353
conducted. The rules shall be promulgated pursuant to Chapter 22,354
119. OF THE REVISED CODE, except that rules pertaining to instant 22,355
game rules shall be promulgated pursuant to section 111.15 of the 22,356
Revised Code but are not subject to division (D) of that section. 22,357
Subjects covered in such THE rules shall include, but need not be 22,358
limited to, the following: 22,360
(1) The type of lottery to be conducted; 22,362
(2) The prices of tickets in the lottery; 22,364
(3) The number, nature, and value of prize awards, the 22,366
manner and frequency of prize drawings, and the manner in which 22,367
prizes shall be awarded to holders of winning tickets. 22,368
(B) The commission shall promulgate further rules, in 22,370
addition to those described in division (A) of this section, 22,371
pursuant to Chapter 119. of the Revised Code under which a 22,372
statewide lottery may be conducted. Subjects covered in these 22,373
rules shall include, but not be limited to, the following: 22,375
(1) The locations at which lottery tickets may be sold and 22,378
the manner in which they are to be sold. Such THESE RULES SHALL 22,379
PROHIBIT A LOTTERY SALES AGENT FROM ACCEPTING A CREDIT CARD OR
CHARGE CARD IN CONNECTION WITH A PURCHASE OF ONE OR MORE LOTTERY 22,380
TICKETS. THESE rules may authorize the sale of lottery tickets 22,382
by commission personnel or other licensed individuals from 22,383
traveling show wagons at the state fair, and at any other 22,384
524
expositions the director considers acceptable. Such THESE rules 22,385
shall prohibit commission personnel or other licensed individuals 22,386
from soliciting from an exposition the right to sell lottery 22,387
tickets at that exposition, but shall allow commission personnel 22,388
or other licensed individuals to sell lottery tickets at an 22,389
exposition if the exposition requests commission personnel or
licensed individuals to do so. Such THESE rules may also address 22,392
the accessibility of sales agent locations to commission products
in accordance with the "Americans with Disabilities Act of 1990," 22,394
104 Stat. 327, 42 U.S.C.A. 12101 et seq.
(2) The manner in which lottery sales revenues are to be 22,396
collected, including authorization for the director to impose 22,397
penalties for failure by sales agents to transfer revenues to the 22,399
commission in a timely manner;
(3) The amount of compensation to be paid licensed lottery 22,401
sales agents; 22,402
(4) The substantive criteria for the licensing of lottery 22,404
sales agents consistent with section 3770.05 of the Revised Code, 22,405
and procedures for revoking or suspending such THEIR licenses 22,406
consistent with Chapter 119. of the Revised Code. If 22,407
circumstances, such as the nonpayment of funds owed by a sales 22,408
agent, or other circumstances related to the public safety, 22,409
convenience, or trust, require immediate action, the director may 22,410
suspend a license without affording an opportunity for a prior 22,411
hearing under section 119.07 of the Revised Code.
(C)(1) The state lottery commission shall meet with the 22,413
director of the commission at least once each month and shall 22,414
convene other meetings at the request of the chairman or any five 22,415
of the members. No action taken by the commission shall be 22,416
binding unless at least five of the members present vote in favor 22,417
thereof OF THE ACTION. A written record shall be made of the 22,418
proceedings of each meeting and shall be transmitted forthwith to 22,420
the governor, the president of the senate, the senate minority 22,421
leader, the speaker of the house of representatives, and the 22,422
525
house minority leader. 22,423
(2) The director shall present to the commission a report 22,425
each month, showing the total revenues, prize disbursements, and 22,426
operating expenses of the state lottery for the preceding month. 22,427
As soon as practicable after the end of each fiscal year, the 22,428
commission shall prepare and transmit to the governor and the 22,429
general assembly a report of lottery revenues, prize 22,430
disbursements, and operating expenses for the preceding fiscal 22,431
year and any recommendations for legislation considered necessary 22,433
by the commission.
Sec. 3793.08. The department of alcohol and drug addiction 22,442
services shall submit an annual report to the governor, which 22,443
shall include all of the following: 22,444
(A) A statement of the number of people served by alcohol 22,446
and drug addiction programs that receive funds distributed by the 22,447
department, with a breakdown into categories including age, sex, 22,448
race, THE TYPE OF DRUG TO WHICH THE PERSON IS ADDICTED, and any 22,449
other categories the director of alcohol and drug addiction 22,450
services considers significant;
(B) A report measuring the success of alcohol and drug 22,452
addiction programs, based on the use of measures for 22,453
accountability developed by the department, INCLUDING THE 22,454
PERCENTAGE OF PEOPLE SERVED BY SUCH PROGRAMS WHO HAVE NOT 22,455
RELAPSED;
(C) Any other information that the director considers 22,457
significant or is requested by the governor. 22,458
Sec. 3793.10. A drivers' intervention program may be used 22,467
as an alternative to a term of imprisonment for an offender 22,468
sentenced pursuant to division (A)(1) of section 4511.99 of the 22,469
Revised Code, if it is certified by the director of alcohol and 22,470
drug addiction services pursuant to this section. No drivers' 22,471
intervention program shall be used as an alternative to a term of 22,472
imprisonment that is imposed pursuant to division (A)(2), (3), or 22,474
(4) of section 4511.99 of the Revised Code.
526
To qualify for certification by the director and to receive 22,476
funds from the drivers' STATEWIDE treatment and intervention 22,478
PREVENTION fund created by division (L) of section 4511.191 22,479
4301.30 of the Revised Code in any amounts and at any times that 22,481
the director determines are appropriate, a drivers' intervention 22,482
program shall meet state minimum standards that the director 22,483
shall establish by rule. The rules shall include, but are not 22,484
limited to, standards governing program course hours and content, 22,485
qualifications of program personnel, methods of identifying and 22,486
testing participants to isolate participants with alcohol and 22,487
drug abuse problems, referral of such persons to alcohol and drug 22,488
addiction programs, the prompt notification of courts by program 22,489
operators of the completion of the programs by persons required 22,490
by courts to attend them, and record keeping, including methods 22,491
of tracking participants for a reasonable time after they have 22,492
left the program. 22,493
The director shall issue a certificate to any qualified 22,495
drivers' intervention program. The certificate shall be IS valid 22,497
for three years.
Sec. 3793.12. (A) The department of alcohol and drug 22,506
addiction services shall collect and compile statistics and other 22,507
information on the care, treatment, and rehabilitation of 22,508
alcoholics, drug dependent persons, and persons in danger of drug 22,509
dependence in this state, including, without limitation, 22,510
information on the number of such persons, the type of drug 22,511
involved, the type of care, treatment, or rehabilitation 22,512
prescribed or undertaken, and the success or failure of the care, 22,513
treatment, or rehabilitation. 22,514
(B) No alcohol or drug addiction program shall fail to 22,516
supply statistics and other information within its knowledge and 22,517
with respect to its programs, upon request of the department. 22,518
(C) Communications by a person seeking aid in good faith 22,520
for alcoholism or drug dependence ARE confidential, and this 22,521
section does not require the collection or permit the disclosure 22,522
527
of information which reveals or comprises the identity of any 22,523
person seeking aid. 22,524
(D) BASED ON THE INFORMATION COLLECTED AND COMPILED UNDER 22,526
DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A 22,527
PROJECT TO ASSESS THE OUTCOMES OF PERSONS SERVED BY ALCOHOL AND 22,528
DRUG ADDICTION PROGRAMS THAT RECEIVE FUNDS DISTRIBUTED BY THE 22,529
DEPARTMENT.
Sec. 4105.17. (A) The fee for any inspection, OR 22,538
ATTEMPTED INSPECTION THAT, DUE TO NO FAULT OF A GENERAL INSPECTOR 22,539
OR THE DIVISION OF INDUSTRIAL COMPLIANCE, IS NOT SUCCESSFULLY 22,540
COMPLETED, by a general inspector of an elevator required to be 22,541
inspected under this chapter is thirty dollars plus five dollars 22,542
for each floor where the elevator stops. THE SUPERINTENDENT OF 22,543
THE DIVISION OF INDUSTRIAL COMPLIANCE MAY ASSESS A FEE OF THIRTY 22,544
DOLLARS PLUS FIVE DOLLARS FOR EACH FLOOR WHERE AN ELEVATOR STOPS 22,545
FOR THE REINSPECTION OF AN ELEVATOR WHEN A PREVIOUS ATTEMPT TO 22,546
INSPECT THAT ELEVATOR HAS BEEN UNSUCCESSFUL THROUGH NO FAULT OF A
GENERAL INSPECTOR OR THE DIVISION OF INDUSTRIAL COMPLIANCE. The 22,547
fee for issuing or renewing a certificate of operation under 22,549
section 4105.15 of the Revised Code is thirty-five dollars. 22,550
(B) All other fees to be charged for any examination given 22,552
or other service performed by the division of industrial 22,553
compliance pursuant to this chapter shall be prescribed by the 22,555
board of building standards established by section 3781.07 of the 22,556
Revised Code. The fees shall be reasonably related to the costs 22,557
of such examination or other service. 22,558
(C) The board of building standards, subject to the 22,560
approval of the controlling board, may establish fees in excess 22,561
of the fees provided in division (A) of this section, provided 22,562
that the fees do not exceed the amounts established in division 22,563
(A) of this section by more than fifty per cent. Any moneys 22,564
collected under this section shall be paid into the state 22,565
treasury to the credit of the industrial compliance operating 22,567
fund created in section 121.084 of the Revised Code. 22,568
528
(D) Any person who fails to pay an inspection fee required 22,570
for any inspection conducted by the division pursuant to this 22,572
chapter within forty-five days after the inspection is conducted 22,573
shall pay a late payment fee equal to twenty-five per cent of the 22,574
inspection fee. 22,575
(E) In addition to the fee assessed in division (A) of 22,577
this section, the board of building standards shall assess a fee 22,578
of three dollars and twenty-five cents for each certificate of 22,579
operation or renewal thereof issued under division (A) of this 22,580
section and for each permit issued under section 4105.16 of the 22,581
Revised Code. The board shall adopt rules, in accordance with 22,582
Chapter 119. of the Revised Code, specifying the manner by which 22,583
the superintendent of the division of industrial compliance shall 22,585
collect and remit to the board the fees assessed under this 22,587
division and requiring that remittance of the fees be made at 22,588
least quarterly.
Sec. 4112.12. (A) There is hereby created the commission 22,597
on African-American males, which shall consist of not more than 22,598
forty-one members as follows: the directors or their designees 22,599
of the departments of health, development, alcohol and drug 22,600
addiction services, human services, rehabilitation and 22,601
correction, mental health, and youth services; the administrator 22,602
or his THE ADMINISTRATOR'S designee of the bureau of employment 22,603
services; the adjutant general or his THE ADJUTANT GENERAL'S 22,605
designee; the equal employment opportunity officer of the 22,606
department of administrative services or his THE EQUAL EMPLOYMENT 22,608
OPPORTUNITY OFFICER'S designee; the executive director or his THE 22,609
EXECUTIVE DIRECTOR'S designee of the Ohio civil rights 22,610
commission; the director or his THE DIRECTOR'S designee of the 22,612
office of criminal justice services; the superintendent of public 22,613
instruction; the chancellor or his THE CHANCELLOR'S designee of 22,614
the Ohio board of regents; two members of the house of 22,616
representatives appointed by the speaker of the house of 22,617
representatives; three members of the senate appointed by the 22,618
529
president of the senate; and not more than twenty-two members 22,619
appointed by the governor. The members appointed by the governor 22,620
shall include at least one representative of each of the 22,621
following: the national association for the advancement of 22,622
colored people; the urban league; an organization representing 22,623
black elected officials; an organization representing black 22,624
attorneys; the black religious community; the black business 22,625
community; the nonminority business community; AND organized 22,626
labor; and at least one black medical doctor, one black elected 22,627
member of a school board, AND one black educator,; and at least 22,628
two representatives of local private industry councils. The 22,629
remaining members that may be appointed by the governor shall be 22,630
selected from elected officials, civic and community leaders, and 22,631
representatives of the employment, criminal justice, education, 22,632
and health communities.
(B) Initial members of the commission shall be those 22,634
members serving on the governor's commission on socially 22,635
disadvantaged black males on June 30, 1991, in accordance with 22,636
executive orders 89-9 and 90-34. In the event that a member of 22,637
the general assembly serving on the commission on that date 22,638
pursuant to executive orders 89-9 and 90-34 is no longer a member 22,639
of the general assembly, the speaker of the house of 22,640
representatives or the president of the senate, as appropriate, 22,641
shall appoint a new member in accordance with division (A) of 22,642
this section. Of the initial members who are governor's 22,643
appointees, the governor shall designate seven who shall serve 22,644
terms ending June 30, 1993, seven who shall serve terms ending 22,645
June 30, 1994, and eight who shall serve terms ending June 30, 22,646
1995. Thereafter, terms of office shall be for three years, with 22,647
each term ending on the same day of the same month as did the 22,648
term that it succeeds. Each member shall hold office from the 22,649
date of his appointment until the end of the term for which he 22,650
THE MEMBER was appointed. Members may be reappointed. Vacancies 22,651
shall be filled in the manner provided for original appointments. 22,652
530
Any member appointed to fill a vacancy occurring prior to the 22,653
expiration date of the term for which his THE MEMBER'S 22,654
predecessor was appointed shall hold office as a member for the 22,655
remainder of that term. A member shall continue in office 22,656
subsequent to the expiration date of his THE MEMBER'S term until 22,657
his THE MEMBER'S successor takes office or until a period of 22,659
sixty days has elapsed, whichever occurs first.
The chairman of the governor's commission on socially 22,662
disadvantaged black males serving on June 30, 1991, shall serve
as chairman of the commission on African-American males until 22,664
June 30, 1993. Thereafter, the commission annually shall elect a 22,665
chairman CHAIRPERSON from among its members. 22,666
(C) Members of the commission and members of subcommittees 22,668
appointed under division (B) of section 4112.13 of the Revised 22,669
Code shall not be compensated, but shall be reimbursed for their 22,670
necessary and actual expenses incurred in the performance of 22,671
their official duties. 22,672
(D) The Ohio civil rights commission shall oversee and 22,674
coordinate the activities of the commission. 22,675
Sec. 4112.15. THERE IS HEREBY CREATED IN THE STATE 22,677
TREASURY THE CIVIL RIGHTS COMMISSION GENERAL REIMBURSEMENT FUND, 22,678
WHICH SHALL BE USED TO PAY OPERATING COSTS OF THE COMMISSION. 22,679
ALL MONEY PAID TO THE COMMISSION FOR COPIES OF COMMISSION 22,680
DOCUMENTS AND FOR OTHER GOODS AND SERVICES FURNISHED BY THE 22,681
COMMISSION SHALL BE CREDITED TO THE FUND. 22,682
Sec. 4115.101. THERE IS HEREBY CREATED THE PREVAILING WAGE 22,684
CUSTODIAL FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF 22,685
STATE BUT SHALL NOT BE PART OF THE STATE TREASURY. THE 22,686
ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES SHALL DEPOSIT 22,687
TO THE FUND ALL MONEY PAID BY EMPLOYERS TO THE ADMINISTRATOR THAT 22,688
ARE HELD IN TRUST FOR EMPLOYEES TO WHOM PREVAILING WAGES ARE DUE
AND OWING. THE ADMINISTRATOR SHALL MAKE DISBURSEMENTS FROM THE 22,689
FUND IN ACCORDANCE WITH THIS CHAPTER TO EMPLOYEES AFFECTED BY 22,690
VIOLATIONS OF THIS CHAPTER.
531
Sec. 4115.34. (A) If EXCEPT AS OTHERWISE PROVIDED IN 22,699
DIVISION (D) OF THIS SECTION, IF any state agency, political 22,700
subdivision, or instrumentality of the state intends to procure 22,701
any product or service, it shall determine whether the product or 22,703
service is on the procurement list published pursuant to section 22,704
4115.33 of the Revised Code; and it shall PROCURE, in accordance 22,706
with rules of the state committee for the purchase of products 22,707
and services provided by persons with severe disabilities, 22,708
procure such THE product or service at the fair market price 22,710
established by the committee from a qualified nonprofit agency 22,712
for persons with severe disabilities, if the product or service 22,713
is on the procurement list and is available within the period 22,714
required by that agency, subdivision, or instrumentality, 22,715
notwithstanding any law requiring the purchase of products and 22,717
services on a competitive bid basis. Sections 4115.31 to 4115.35 22,718
of the Revised Code do not apply if the products or services are 22,719
available for procurement from any state agency, political 22,720
subdivision, or instrumentality of the state and procurement from 22,721
such THAT agency, subdivision, or instrumentality is required 22,722
under any law in effect on August 13, 1976. 22,723
(B) The committee and any state agency, political 22,725
subdivision, or instrumentality of the state may enter into 22,726
contractual agreements, cooperative working relationships, or 22,727
other arrangements determined necessary for effective 22,728
coordination and efficient realization of the objectives of 22,729
sections 4115.31 to 4115.35 of the Revised Code and any other law 22,730
requiring procurement of products or services from any state 22,732
agency, political subdivision, or instrumentality of the state. 22,733
(C) Notwithstanding any other section of the Revised Code, 22,735
or any appropriations act, that may require a state agency, 22,736
political subdivision, or instrumentality of the state to 22,737
purchase supplies, services, or materials by means of a 22,738
competitive bid procedure, state agencies, political 22,739
subdivisions, or instrumentalities of the state need not utilize 22,740
532
the required bidding procedures if the supplies, services, or 22,741
materials are to be purchased from a qualified nonprofit agency 22,742
pursuant to sections 4115.31 to 4115.35 of the Revised Code. 22,743
(D) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 22,745
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 22,746
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 22,747
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 22,748
Sec. 4117.24. THE TRAINING AND PUBLICATIONS FUND IS HEREBY 22,750
CREATED IN THE STATE TREASURY. THE STATE EMPLOYMENT RELATIONS 22,751
BOARD SHALL DEPOSIT INTO THE TRAINING AND PUBLICATIONS FUND ALL 22,752
PAYMENTS RECEIVED BY THE BOARD FOR COPIES OF DOCUMENTS, 22,753
RULEBOOKS, AND OTHER PUBLICATIONS; FEES RECEIVED FROM SEMINAR
PARTICIPANTS; AND RECEIPTS FROM THE SALE OF CLEARINGHOUSE DATA. 22,754
THE STATE EMPLOYMENT RELATIONS BOARD SHALL USE ALL MONEYS 22,755
DEPOSITED INTO THE TRAINING AND PUBLICATIONS FUND TO DEFRAY THE 22,756
COSTS OF FURNISHING AND MAKING AVAILABLE COPIES OF DOCUMENTS, 22,757
RULEBOOKS, AND OTHER PUBLICATIONS; THE COSTS OF PLANNING,
ORGANIZING, AND CONDUCTING TRAINING SEMINARS; AND THE COSTS OF 22,758
COMPILING CLEARINGHOUSE DATA. 22,759
Sec. 4163.07. (A)(1) Prior to transporting any large 22,768
quantity of special nuclear material or by-product material into 22,769
or through the state, the carrier or shipper of the material 22,770
shall notify the deputy EXECUTIVE director of the emergency 22,771
management agency established under section 5502.22 of the 22,772
Revised Code of the shipment. The notice shall be in writing and 22,773
be sent by certified mail and shall include the name of the 22,774
shipper; the name of the carrier; the type and quantity of the 22,775
special nuclear material or by-product material; the 22,776
transportation mode of the shipment; the proposed date and time 22,777
of shipment of the material into or through the state; and the 22,778
starting point, termination or exit point, scheduled route, and 22,779
each alternate route, if any, of the shipment. In order to 22,780
constitute effective notification under division (A)(1) of this 22,781
section, notification shall be received by the deputy EXECUTIVE 22,782
533
director at least forty-eight hours prior to entry of the 22,785
shipment into the state.
(2) The carrier or shipper of any shipment subject to 22,787
division (A)(1) of this section shall immediately notify the 22,788
deputy EXECUTIVE director of any change in the date and time of 22,790
the shipment or in the route of the shipment into or through the 22,791
state.
(B) Upon receipt of a notice of any shipment of a large 22,793
quantity of special nuclear material or by-product material into 22,794
or through the state, the deputy EXECUTIVE director of the 22,795
emergency management agency shall immediately notify the director 22,798
of public safety, the director of environmental protection, the 22,799
chairman CHAIRPERSON of the public utilities commission, and the 22,800
sheriff of each county along the proposed route, or any alternate 22,802
route, of the shipment.
(C) The deputy EXECUTIVE director of the emergency 22,804
management agency shall not disclose to any person other than 22,806
those persons enumerated in division (B) of this section any 22,807
information pertaining to any shipment of special nuclear 22,808
material or by-product material prior to the time that the 22,809
shipment is completed.
(D) This section does not apply to radioactive materials, 22,811
other than by-products, shipped by or for the United States 22,812
department of defense and United States department of energy. 22,813
Nothing in this section shall require REQUIRES the disclosure of 22,815
any defense information or restricted data as defined in the 22,816
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as 22,817
amended.
(E) No person shall transport or cause to be transported 22,819
into or through the state any large quantity of special or 22,820
by-product material without first providing the notice required 22,821
in division (A) of this section. 22,822
Sec. 4301.10. (A) The department or, beginning on July 1, 22,831
1997, the division of liquor control shall: 22,832
534
(1) Control the traffic in beer and intoxicating liquor in 22,834
this state, including the manufacture, importation, and sale of 22,836
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 22,838
distribution, transportation, and sale of beer and intoxicating 22,839
liquor and the sale of alcohol, as authorized or required by this 22,840
chapter and Chapter 4303. of the Revised Code; and a certificate 22,841
signed by the director or, beginning on July 1, 1997, the 22,842
superintendent of liquor control to which is affixed the official 22,844
seal of the department or division stating that it appears from
the records of the department or division that no permit has been 22,845
issued to the person specified in the certificate, or that a 22,846
permit, if issued, has been revoked, canceled, or suspended shall 22,848
be received as prima-facie evidence of the facts recited in the 22,849
certificate in any court, or before any officer of this state; 22,851
(3) Put into operation, manage, and control a system of 22,853
state liquor stores for the sale of spirituous liquor at retail 22,854
and to holders of permits authorizing the sale of spirituous 22,855
liquor; however, the department or division shall not establish 22,856
any drive-in state liquor stores; and by means of those types of 22,857
stores, and any manufacturing plants, distributing and bottling 22,858
plants, warehouses, and other facilities that it considers 22,859
expedient, establish and maintain a state monopoly of the 22,860
distribution of spirituous liquor and its sale in packages or 22,861
containers; and for that purpose manufacture, buy, import, 22,862
possess, and sell spirituous liquors as provided in this chapter 22,863
and Chapter 4303. of the Revised Code, and in the rules 22,864
promulgated by the director or superintendent of liquor control 22,865
pursuant to those chapters; lease, or in any manner acquire the 22,866
use of any land or building required for any of those purposes; 22,867
purchase any equipment that is required; and borrow money to 22,868
carry on its business, and issue, sign, endorse, and accept 22,869
notes, checks, and bills of exchange; but all obligations of the 22,870
department or division created under authority of this division
535
shall be a charge only upon the moneys received by the department 22,871
or division from the sale of spirituous liquor and its other 22,872
business transactions in connection with the sale of spirituous 22,873
liquor, and shall not be general obligations of the state; 22,875
(4) Enforce the administrative provisions of this chapter 22,877
and Chapter 4303. of the Revised Code, and the rules and orders 22,880
of the liquor control commission and the director or 22,881
superintendent relating to the manufacture, importation, 22,883
transportation, distribution, and sale of beer and intoxicating 22,884
liquors; and the attorney general, any prosecuting attorney, and 22,885
any prosecuting officer of a municipal corporation or a municipal 22,886
court shall, at the request of the department or division of
liquor control or the department of public safety, prosecute any 22,888
person charged with the violation of any provision in those 22,889
chapters or of any section of the Revised Code relating to the 22,890
manufacture, importation, transportation, distribution, and sale 22,891
of beer and intoxicating liquor; 22,892
(5) Determine the locations of all state liquor stores and 22,894
manufacturing, distributing, and bottling plants required in 22,895
connection therewith, subject to this chapter and Chapter 4303. 22,896
of the Revised Code; 22,897
(6) Conduct inspections of liquor permit premises to 22,899
determine compliance with the administrative provisions of this 22,901
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 22,902
Except as otherwise provided in division (A)(6) of this 22,904
section, those inspections may be conducted only during those 22,905
hours in which the permit holder is open for business and only by 22,906
authorized agents or employees of the department or division or 22,907
by any peace officer, as this term is defined in section 2935.01 22,908
of the Revised Code. Inspections may be conducted at other hours 22,909
only to determine compliance with laws or commission rules that 22,910
regulate the hours of sale of beer and intoxicating liquor and 22,911
only if the investigator has reasonable cause to believe that 22,912
536
those laws or rules are being violated. Any inspection conducted 22,913
pursuant to division (A)(6) of this section is subject to all of 22,914
the following requirements: 22,915
(a) The only property that may be confiscated is 22,917
contraband, as defined in section 2901.01 of the Revised Code, or 22,919
property that is otherwise necessary for evidentiary purposes. 22,920
(b) A complete inventory of all property confiscated from 22,922
the premises shall be given to the permit holder or the permit 22,923
holder's agent or employee by the confiscating agent or officer 22,925
at the conclusion of the inspection. At that time, the inventory 22,926
shall be signed by the confiscating agent or officer and the 22,927
agent or officer shall give the permit holder or the permit 22,928
holder's agent or employee the opportunity to sign the inventory. 22,929
(c) Inspections conducted pursuant to division (A)(6) of 22,931
this section shall be conducted in a reasonable manner. A 22,932
finding by any court of competent jurisdiction that the 22,933
inspection was not conducted in a reasonable manner in accordance 22,934
with this section or any rules promulgated by the commission may 22,935
be considered grounds for suppression of evidence. A finding by 22,936
the liquor control commission that the inspection was not 22,937
conducted in a reasonable manner in accordance with this section 22,938
or any rules promulgated by the commission may be considered 22,939
grounds for dismissal of the commission case. 22,940
If any court of competent jurisdiction finds that property 22,942
confiscated as the result of an administrative inspection is not 22,943
necessary for evidentiary purposes and is not contraband, as 22,944
defined in section 2901.01 of the Revised Code, the court shall 22,946
order the immediate return of the confiscated property, provided 22,947
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 22,948
property is not grounds for dismissal of the case. The 22,949
commission likewise may order the return of confiscated property 22,950
if no criminal prosecution is pending or anticipated. 22,951
(7) Delegate to any of its agents or employees any power 22,953
537
of investigation that the department or division possesses with 22,954
respect to the enforcement of any of the administrative laws 22,955
relating to beer and to intoxicating liquor, provided that this 22,956
division does not authorize the department or division to 22,957
designate any agent or employee to serve as a liquor control 22,958
investigator. The employment and designation of liquor control
investigators shall be within the exclusive authority of the 22,959
director of public safety pursuant to sections 5502.13 and 22,960
5502.61 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of 22,962
this section, collect the following fees: 22,963
(a) An annual twenty-five-dollar registration fee for each 22,965
representative, registered pursuant to section 4303.25 of the 22,966
Revised Code, of a beer or intoxicating liquor manufacturer doing 22,967
business in this state; 22,968
(b) A fifty-dollar product registration fee for each new 22,970
beer or intoxicating liquor product sold in this state. The 22,971
product registration fee shall be accompanied by a copy of the 22,972
federal label and product approval for the new product. 22,973
(c) An annual three-hundred-dollar out-of-state supplier 22,975
consent-to-import fee from each manufacturer or supplier not 22,976
subject to division (A)(8)(e) of this section, in addition to an 22,978
initial application fee of one hundred dollars; 22,979
(d) An annual twenty-five-dollar registration fee for coil 22,981
cleaners of beer dispensing equipment doing business in this 22,982
state. 22,983
(e) An annual one-hundred-dollar out-of-state 22,985
consent-to-import fee, in addition to an initial application fee 22,986
of one hundred dollars, from any manufacturer or out-of-state 22,987
supplier that produced or shipped into this state in the 22,988
immediately preceding calendar year a total of five hundred or 22,989
fewer cases of seven-hundred-fifty milliliter equivalent of 22,990
intoxicating liquor and twelve-ounce equivalent of beer. 22,991
Each consent-to-import, representative's registration, and 22,993
538
coil cleaner registration issued under division (A)(8) of this 22,995
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 22,996
the year, ending on the uniform expiration date for each, which 22,997
shall be designated by the department or division, and is subject 22,998
to suspension, revocation, cancellation, or fine as authorized by 22,999
this chapter and Chapter 4303. of the Revised Code. 23,000
(9) Establish a system of electronic data interchange 23,002
within the department or division and regulate the electronic 23,003
transfer of information and funds among persons and governmental 23,005
entities engaged in the manufacture, distribution, and retail 23,006
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 23,008
implication conferred upon the department or division by this 23,009
chapter and Chapter 4303. of the Revised Code, and all powers 23,010
necessary for the exercise or discharge of any power, duty, or 23,011
function expressly conferred or imposed upon the department or 23,012
division by those chapters. 23,013
(B) The department or division may: 23,015
(1) Sue, but may be sued only in connection with the 23,017
execution of leases of real estate and the purchases and 23,018
contracts necessary for the operation of the state liquor stores 23,019
that are made under this chapter and Chapter 4303. of the Revised 23,020
Code; 23,021
(2) Enter into leases and contracts of all descriptions 23,023
and acquire and transfer title to personal property with regard 23,025
to the sale, distribution, and storage of spirituous liquor 23,026
within the state;
(3) Terminate at will any lease entered into pursuant to 23,028
division (B)(2) of this section upon first giving ninety days' 23,030
notice in writing to the lessor of its intention to do so; 23,031
(4) Fix the wholesale and retail prices at which the 23,033
various classes, varieties, and brands of spirituous liquor shall 23,034
be sold by the department. Those retail prices shall be the same 23,035
539
at all state liquor stores, except to the extent that a price 23,036
differential is required to collect a county sales tax levied 23,037
pursuant to section 5739.021 of the Revised Code and for which 23,038
tax the tax commissioner has authorized prepayment pursuant to 23,039
section 5739.05 of the Revised Code. In fixing selling prices, 23,040
the department or division shall compute an anticipated gross 23,041
profit at least sufficient to provide in each calendar year all 23,042
costs and expenses of the department or division and also an 23,043
adequate working capital reserve for the department or division. 23,044
The gross profit shall not exceed forty per cent of the retail 23,046
selling price based on costs of the department or division, and
in addition the sum required by section 4301.12 of the Revised 23,047
Code to be paid into the state treasury. An amount equal to one 23,048
and one-half per cent of that gross profit shall be paid into the 23,049
alcoholism-detoxification centers STATEWIDE TREATMENT AND 23,050
PREVENTION fund created under BY section 4301.30 of the Revised 23,052
Code and be appropriated by the general assembly from the fund to 23,053
the department of alcohol and drug addiction services as provided 23,054
in section 4301.30 of the Revised Code. 23,055
On spirituous liquor manufactured in Ohio from the juice of 23,057
grapes or fruits grown in Ohio, the department or division shall 23,058
compute an anticipated gross profit of not to exceed ten per 23,059
cent. The wholesale prices shall be at a discount of not less 23,060
than twelve and one-half per cent of the retail selling prices as 23,061
determined by the department or division in accordance with this 23,062
section.
(C) The department or division may approve the expansion 23,064
or diminution of a premises to which a liquor permit has been 23,066
issued and may adopt standards governing such an expansion or 23,067
diminution.
Sec. 4301.30. All fees collected by the division of liquor 23,077
control shall be deposited in the state treasury to the credit of 23,078
the undivided liquor permit fund, which is hereby created, at the 23,079
time prescribed under section 4301.12 of the Revised Code. Each 23,080
540
payment shall be accompanied by a statement showing separately 23,081
the amount collected for each class of permits in each municipal 23,082
corporation and in each township outside the limits of any 23,083
municipal corporation in such township. An amount equal to fifty 23,084
dollars for each fee received for a D-2 permit, which is not 23,085
placed in operation immediately upon a D-3 permit premises, and 23,086
twenty-five dollars for each fee received for a C-2 permit, shall 23,087
be paid from the undivided liquor permit fund into the general 23,088
revenue fund.
Prior to the fees received for a D-2 permit, which is not 23,090
in operation immediately upon a D-3 permit premises, and a C-2 23,091
permit being paid into the general revenue fund, an amount equal 23,092
to twenty-one per cent of the undivided liquor permit fund shall 23,093
be paid into the alcoholism-detoxification centers STATEWIDE 23,094
TREATMENT AND PREVENTION fund, which is hereby created in the 23,096
state treasury. Such THIS amount shall be appropriated by the 23,097
general assembly, together with an amount equal to one and 23,098
one-half per cent of the gross profit of the department of liquor 23,099
control derived under division (B)(4) of section 4301.10 of the 23,100
Revised Code, to the department of alcohol and drug addiction 23,101
services. In planning for the allocation of and in allocating 23,102
these amounts for the purposes of Chapter 3793. of the Revised 23,103
Code, the department of alcohol and drug addiction services shall 23,104
comply with the nondiscrimination provisions of Title VI of the 23,105
Civil Rights Act of 1964, and any rules adopted thereunder. 23,106
The moneys remaining in the undivided liquor permit fund 23,108
shall be distributed by the superintendent of liquor control at 23,110
quarterly calendar periods as follows: 23,111
(A) To each municipal corporation, the aggregate amount 23,113
shown by the statements to have been collected from permits 23,114
therein, for the use of the general fund of the municipal 23,115
corporation; 23,116
(B) To each township, the aggregate amount shown by the 23,118
statements to have been collected from permits in its territory, 23,119
541
outside the limits of any municipal corporation located therein, 23,120
for the use of the general fund of the township, or for fire 23,121
protection purposes, including buildings and equipment in the 23,122
township or in an established fire district within the township, 23,123
to the extent that the funds are derived from liquor permits 23,124
within the territory comprising such fire district. 23,125
For the purpose of the distribution required by this 23,127
section, E, H, and D permits covering boats or vessels are deemed 23,128
to have been issued in the municipal corporation or township 23,129
wherein the owner or operator of the vehicle, boat, vessel, or 23,130
dining car equipment to which the permit relates has the owner's 23,131
or operator's principal office or place of business within the 23,133
state.
Such distributions are subject to diminutions for refunds 23,135
as prescribed in section 4301.41 of the Revised Code. If the 23,136
liquor control commission is of the opinion that the police or 23,137
other officers of any municipal corporation or township entitled 23,138
to share in such distribution are refusing or culpably neglecting 23,139
to enforce this chapter and Chapter 4303. of the Revised Code, or 23,140
the penal laws of this state relating to the manufacture, 23,141
importation, transportation, distribution, and sale of beer and 23,142
intoxicating liquors, or if the prosecuting officer of a 23,143
municipal corporation or the municipal court thereof fails to 23,144
comply with the request of the commission authorized by division 23,145
(A)(4) of section 4301.10 of the Revised Code, the commission 23,146
may, by certified mail, MAY notify the chief executive officer of 23,148
the municipal corporation or the board of township trustees of 23,149
the township of such failure and require the immediate 23,150
cooperation of the responsible officers of the municipal 23,151
corporation or township with the division of liquor control in 23,152
the enforcement of such chapters and such penal laws. Within 23,154
thirty days after the notice is served, the commission shall 23,155
determine whether or not the requirement has been complied with. 23,156
If the commission determines that the requirement has not been 23,157
542
complied with, it may issue an order to the superintendent to 23,159
withhold the distributive share of the municipal corporation or 23,160
township until further order of the commission. This action of 23,161
the commission is reviewable within thirty days thereafter in the 23,162
court of common pleas of Franklin county. 23,163
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 23,172
4301.50 of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 23,175
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 23,177
distribution, and, except with respect to A-4 permit holders, 23,178
offer for sale. 23,179
(B) For the purposes of providing revenues for the support 23,182
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, 23,183
except for known sacramental purposes, at the rate of thirty 23,184
cents per wine gallon for wine containing not less than four per 23,185
cent of alcohol by volume and not more than fourteen per cent of 23,186
alcohol by volume, ninety-eight cents per wine gallon for wine 23,187
containing more than fourteen per cent but not more than 23,188
twenty-one per cent of alcohol by volume, one dollar and eight 23,189
cents per wine gallon for vermouth, and one dollar and 23,190
forty-eight cents per wine gallon for sparkling and carbonated 23,191
wine and champagne, the tax to be paid by the holders of A-2 and 23,192
B-5 permits or by any other person selling or distributing wine 23,193
upon which no tax has been paid. From the tax paid under this 23,195
section on wine, vermouth, and sparkling and carbonated wine and 23,196
champagne, the treasurer of state shall credit to the Ohio grape 23,197
industries fund created under section 924.54 of the Revised Code 23,198
a sum equal to one cent per gallon for each gallon upon which the 23,199
tax is paid.
(C) For the purpose of providing revenues for the support 23,201
of the state, there is hereby levied a tax on prepared and 23,202
bottled highballs, cocktails, cordials, and other mixed beverages 23,203
543
at the rate of one dollar and twenty cents per wine gallon to be 23,204
paid by holders of A-4 permits or by any other person selling or 23,205
distributing those products upon which no tax has been paid. 23,206
Only one sale of the same article shall be used in computing the 23,207
amount of tax due. The tax on mixed beverages to be paid by 23,208
holders of A-4 permits under this section shall not attach until 23,209
the ownership of the mixed beverage is transferred for valuable 23,210
consideration to a wholesaler or retailer, and no payment of the 23,211
tax shall be required prior to that time. 23,212
(D) During the period from June 30, 1995, until July 1, 23,215
1999 2001, from the tax paid under this section on wine, 23,216
vermouth, and sparkling and carbonated wine and champagne, the
treasurer of state shall credit to the Ohio grape industries fund 23,218
created under section 924.54 of the Revised Code a sum equal to 23,219
two cents per gallon upon which the tax is paid. The amount 23,220
credited under this division is in addition to the amount 23,221
credited to the Ohio grape industries fund under division (B) of
this section. 23,222
(E) For the purpose of providing revenues for the support 23,224
of the state, there is hereby levied a tax on cider at the rate 23,226
of twenty-four cents per wine gallon to be paid by the holders of 23,227
A-2 and B-5 permits or by any other person selling or 23,228
distributing cider upon which no tax has been paid. Only one 23,229
sale of the same article shall be used in computing the amount of 23,230
the tax due.
Sec. 4301.62. (A) As used in this section: 23,239
(1) "Chauffeured limousine" means a vehicle registered 23,242
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 23,244
meanings as in section 4511.01 of the Revised Code. 23,245
(B) No person shall have in the person's possession an 23,247
opened container of beer or intoxicating liquor in any of the 23,248
following circumstances: 23,249
(1) In a state liquor store; 23,251
544
(2) Except as provided in division (C) of this section, on 23,254
the premises of the holder of any permit issued by the division 23,255
of liquor control;
(3) In any other public place; 23,257
(4) Except as provided in division (D) of this section, 23,259
while operating or being a passenger in or on a motor vehicle on 23,261
any street, highway, or other public or private property open to 23,262
the public for purposes of vehicular travel or parking; 23,263
(5) Except as provided in division (D) of this section, 23,265
while being in or on a stationary motor vehicle on any street, 23,266
highway, or other public or private property open to the public 23,267
for purposes of vehicular travel or parking.
(C) A person may have in the person's possession an opened 23,270
container of beer or intoxicating liquor that has been lawfully 23,271
purchased for consumption on the premises where bought of a 23,272
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, 23,273
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-7, 23,274
E, F, or F-2 permit, or beer or intoxicating liquor consumed on 23,276
the premises of a convention facility as provided in section 23,277
4303.201 of the Revised Code.
A person may have in the person's possession on an F liquor 23,280
permit premises an opened container of beer or intoxicating 23,281
liquor that was not purchased from the holder of the F permit if 23,283
the premises for which the F permit is issued is a music festival 23,285
and the holder of the F permit grants permission for such 23,287
possession on the premises during the period for which the F 23,288
permit is issued. As used in this division, "music festival" 23,289
means a series of outdoor live musical performances, extending 23,290
for a period of at least three consecutive days and located on an 23,291
area of land of at least forty acres. 23,292
(D) This section does not apply to a person who pays all 23,294
or a portion of the fee imposed for the use of a chauffeured 23,296
limousine pursuant to a prearranged contract, or the guest of
such a THE person, when all of the following apply: 23,298
545
(1) The person or guest is a passenger in the limousine;. 23,300
(2) The person or guest is located in the limousine, but is 23,302
not occupying a seat in the front compartment of the limousine 23,303
where the operator of the limousine is located;. 23,304
(3) The limousine is located on any street, highway, or 23,306
other public or private property open to the public for purposes 23,307
of vehicular travel or parking. 23,308
Sec. 4303.07. Permit B-2 may be issued to a wholesale 23,318
distributor of wine to purchase from holders of A-2 and B-5 23,319
permits and distribute or sell such product, in the original 23,320
container in which it was placed by the B-5 permit holder or 23,321
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, 23,322
D-5h, D-5i, D-5j, and E permit holders, and for home use. The 23,325
fee for this permit is two hundred fifty dollars for each 23,326
distributing plant or warehouse. The initial fee shall be 23,327
increased ten cents per wine barrel of fifty gallons for all wine
distributed and sold in this state in excess of twelve hundred 23,328
fifty such barrels during the year covered by the permit. 23,329
Sec. 4303.10. Permit B-5 may be issued to a wholesale 23,339
distributor of wine to purchase wine from the holders of A-2 23,340
permits, to purchase and import wine in bond or otherwise, in 23,341
bulk or in containers of any size, and to bottle wine for 23,342
distribution and sale to holders of A-1-A, B-2, B-3, B-5, C-2,
D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 23,343
D-5g, D-5h, D-5i, D-5j, and E permits and for home use in sealed 23,345
containers. No wine shall be bottled by a B-5 permit holder in 23,346
containers supplied by any person who intends the wine for home 23,347
use. The fee for this permit is one thousand two hundred fifty
dollars. 23,348
Sec. 4303.181. (A) Permit D-5a may be issued either to 23,359
the owner or operator of a hotel or motel required to be licensed 23,360
under section 3731.03 of the Revised Code containing at least 23,361
fifty rooms for registered transient guests, and which qualifies 23,362
546
under the other requirements of this section, or to the owner or 23,363
operator of a restaurant specified under this section to sell 23,364
beer and any intoxicating liquor at retail, only by the 23,365
individual drink in glass and from the container, for consumption 23,366
on the premises where sold, and to registered guests in their 23,367
rooms, which may be sold by means of a controlled access alcohol 23,368
and beverage cabinet in accordance with division (B) of section 23,369
4301.21 of the Revised Code; and to sell the same products in the 23,370
same manner and amounts not for consumption on the premises as 23,371
may be sold by holders of D-1 and D-2 permits. The premises of 23,372
the hotel or motel shall include a restaurant licensed pursuant 23,373
to section 3732.03 of the Revised Code affiliated with the hotel 23,374
or motel and within or contiguous to the hotel or motel, serving 23,375
food within the hotel or motel, but the principal business of the 23,376
owner or operator of the hotel or motel shall be the 23,377
accommodation of transient guests. In addition to the privileges 23,378
authorized herein IN THIS DIVISION, the holder of a D-5a permit 23,380
may exercise the same privileges as the holder of a D-5 permit. 23,381
The owner or operator of a hotel, motel, or restaurant who 23,383
qualified for and held a D-5a permit on August 4, 1976, may, if 23,385
the owner or operator held another permit before holding a D-5a 23,386
permit, either retain a D-5a permit or apply for the permit 23,387
formerly held, and the division of liquor control shall issue the 23,388
permit for which the owner or operator applies and formerly held, 23,389
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 23,392
No quota restriction shall be placed on the number of such 23,393
permits which may be issued.
The fee for this permit is one thousand eight hundred 23,396
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 23,399
tenant, lessee, or occupant of an enclosed shopping center to 23,400
sell beer and intoxicating liquor at retail, only by the 23,401
individual drink in glass and from the container, for consumption 23,402
547
on the premises where sold; and to sell the same products in the 23,403
same manner and amount not for consumption on the premises as may 23,404
be sold by holders of D-1 and D-2 permits. In addition to the 23,405
privileges authorized in this section DIVISION, the holder of a 23,407
D-5b permit may exercise the same privileges as a holder of a D-5 23,408
permit.
A D-5b permit shall not be transferred to another location. 23,411
One D-5b permit may be issued at an enclosed shopping 23,414
center containing at least two hundred twenty-five thousand, but 23,415
less than four hundred thousand, square feet of floor area. 23,416
Two D-5b permits may be issued at an enclosed shopping 23,419
center containing at least four hundred thousand square feet of 23,420
floor area. No more than one D-5b permit may be issued at an 23,421
enclosed shopping center for each additional two hundred thousand 23,422
square feet of floor area or fraction thereof, up to a maximum of 23,423
five D-5b permits for each enclosed shopping center. The number 23,424
of D-5b permits that may be issued at an enclosed shopping center 23,425
shall be determined by subtracting the number of D-3 and D-5 23,426
permits issued in the enclosed shopping center from the number of 23,427
D-5b permits that otherwise may be issued at the enclosed 23,428
shopping center under the formulas provided in this division. 23,429
Except as provided in this section, no quota shall be placed on 23,430
the number of D-5b permits that may be issued. Notwithstanding 23,431
any quota provided in this section, the holder of any D-5b permit 23,432
first issued in accordance with this section is entitled to its 23,433
renewal in accordance with section 4303.271 of the Revised Code. 23,434
The holder of a D-5b permit issued before April 4, 1984, 23,437
whose tenancy is terminated for a cause other than nonpayment of 23,438
rent, may return the D-5b permit to the division of liquor 23,440
control, and the division shall cancel that permit. Upon 23,442
cancellation of that permit and upon the permit holder's payment 23,443
of taxes, contributions, premiums, assessments, and other debts 23,444
owing or accrued upon the date of cancellation to this state and 23,445
its political subdivisions and a filing with the division of a 23,446
548
certification thereof, the division shall issue to that person 23,448
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 23,450
person requests. The division shall issue the D-5 permit, or the 23,452
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 23,453
or D-5 permits currently issued in the municipal corporation or 23,454
in the unincorporated area of the township where that person's 23,455
proposed premises is located equals or exceeds the maximum number 23,456
of such permits that can be issued in that municipal corporation 23,457
or in the unincorporated area of that township under the 23,458
population quota restrictions contained in section 4303.29 of the 23,459
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 23,460
shall not be transferred to another location. If a D-5b permit 23,461
is canceled under the provisions of this paragraph, the number of 23,462
D-5b permits that may be issued at the enclosed shopping center 23,463
for which the D-5b permit was issued, under the formula provided 23,464
in this division, shall be reduced by one if the enclosed 23,465
shopping center was entitled to more than one D-5b permit under 23,466
the formula. 23,467
The fee for this permit is one thousand eight hundred 23,470
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 23,473
operator of a restaurant licensed pursuant to section 3732.03 of 23,474
the Revised Code, and which qualifies under the other 23,475
requirements of this section to sell beer and any intoxicating 23,476
liquor at retail, only by the individual drink in glass and from 23,477
the container, for consumption on the premises where sold, and to 23,478
sell the same products in the same manner and amounts not for 23,479
consumption on the premises as may be sold by holders of D-1 and 23,480
D-2 permits. In addition to the privileges authorized herein IN 23,481
THIS DIVISION, the holder of a D-5c permit may exercise the same 23,483
privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 23,486
restaurant licensed pursuant to section 3732.03 of the Revised 23,487
Code shall have operated the restaurant at the proposed premises 23,489
549
for not less than twenty-four consecutive months immediately 23,490
preceding the filing of an application therefor FOR THE PERMIT, 23,491
have applied for a D-5 permit no later than December 31, 1988, 23,493
and appear on the division's quota waiting list for not less than 23,495
six months immediately preceding the filing of an application 23,496
therefor FOR THE PERMIT. In addition to these requirements, the 23,498
proposed D-5c permit premises shall be located within a municipal 23,499
corporation and further within an election precinct which, at the 23,501
time of the applications, has no more than twenty-five per cent 23,502
of its total land area zoned for residential use. 23,503
A D-5c permit shall not be transferred to another location. 23,506
No quota restriction shall be placed on the number of such 23,507
permits which may be issued.
Any person who has held a D-5c permit for at least two 23,510
years may apply for a D-5 permit, and the division of liquor 23,511
control shall issue the D-5 permit notwithstanding the quota 23,512
restrictions contained in section 4303.29 of the Revised Code or 23,513
in any rule of the liquor control commission. 23,514
The fee for this permit is one thousand two hundred fifty 23,517
dollars.
(D) Permit D-5d may be issued to either the owner or 23,520
operator of a restaurant that is licensed pursuant to section 23,521
3732.03 of the Revised Code and located at an airport operated by 23,522
a board of county commissioners pursuant to section 307.20 of the 23,523
Revised Code or at an airport operated by a regional airport 23,524
authority pursuant to Chapter 308. of the Revised Code. Not more 23,525
than one D-5d permit shall be issued in each county. The holder 23,526
of a D-5d permit may sell beer and any intoxicating liquor at 23,527
retail, only by the individual drink in glass and from the 23,528
container, for consumption on the premises where sold, and may 23,529
sell the same products in the same manner and amounts not for 23,530
consumption on the premises where sold as may be sold by the 23,531
holders of D-1 and D-2 permits. In addition to the privileges 23,532
authorized in this division, the holder of a D-5d permit may 23,533
550
exercise the same privileges as the holder of a D-5 permit. 23,534
A D-5d permit shall not be transferred to another location. 23,537
Except as otherwise provided in this division, no quota 23,538
restrictions shall be placed on the number of such permits which 23,539
may be issued.
The fee for this permit is one thousand eight hundred 23,542
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 23,545
organization that is exempt from federal income taxation under 23,546
"The THE Internal Revenue Code of 1986," 100 Stat. 2085, 26 23,548
U.S.C.A. 501(c)(3), as amended, or that is a charitable
organization under any chapter of the Revised Code, and that owns 23,549
or operates a riverboat which meets all of the following: 23,550
(1) Is permanently docked at one location; 23,553
(2) Is designated as an historical riverboat by the Ohio 23,556
historical society;
(3) Contains not less than fifteen hundred square feet of 23,559
floor area;
(4) Has a seating capacity of fifty or more persons. 23,562
The holder of a D-5e permit may sell beer and intoxicating 23,565
liquor at retail, only by the individual drink in glass and from 23,566
the container, for consumption on the premises where sold. 23,567
A D-5e permit shall not be transferred to another location. 23,570
No quota restriction shall be placed on the number of such 23,571
permits which may be issued. The population quota restrictions 23,572
contained in section 4303.29 of the Revised Code or in any rule 23,573
of the liquor control commission shall not apply to this 23,574
division, and the division shall issue a D-5e permit to any 23,576
applicant who meets the requirements of this division. However, 23,577
the division shall not issue a D-5e permit if the permit premises 23,579
or proposed permit premises are located within an area in which 23,580
the sale of spirituous liquor by the glass is prohibited. 23,581
The fee for this permit is nine hundred seventy-five 23,584
dollars.
551
(F) Permit D-5f may be issued to either the owner or the 23,587
operator of a food service operation licensed under section 23,588
3732.03 of the Revised Code that meets all of the following: 23,589
(1) Contains not less than twenty-five hundred square feet 23,592
of floor area;
(2) Is located on or in, or immediately adjacent to, the 23,595
shoreline of, a navigable river;
(3) Provides docking space for twenty-five boats; 23,598
(4) Provides entertainment and recreation, provided that 23,601
not less than fifty per cent of the business on the permit 23,602
premises shall be preparing and serving meals for a 23,603
consideration.
In addition, each application for a D-5f permit shall be 23,606
accompanied by a certification from the local legislative 23,607
authority that the issuance of the D-5f permit is not 23,608
inconsistent with that political subdivision's comprehensive 23,609
development plan or other economic development goal as officially 23,610
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 23,613
liquor at retail, only by the individual drink in glass and from 23,614
the container, for consumption on the premises where sold. 23,615
A D-5f permit shall not be transferred to another location. 23,618
No more than fifteen D-5f permits shall be issued by the division 23,619
of liquor control, and no more than two such permits shall be 23,621
issued in any county. However, the division shall not issue a 23,622
D-5f permit if the permit premises or proposed permit premises 23,624
are located within an area in which the sale of spirituous liquor 23,625
by the glass is prohibited. 23,626
A fee for this permit is one thousand eight hundred 23,629
seventy-five dollars.
As used in this division, "navigable river" means a river 23,632
which is also a "navigable water" as that term is defined in the 23,633
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 23,634
(G) Permit D-5g may be issued to a nonprofit corporation 23,637
552
that is either the owner or the operator of a national 23,638
professional sports museum. The holder of a D-5g permit may sell 23,639
beer and any intoxicating liquor at retail, only by the 23,640
individual drink in glass and from the container, for consumption 23,641
on the premises where sold. The holder of a D-5g permit shall 23,642
sell no beer or intoxicating liquor for consumption on the 23,643
premises where sold after one a.m. A D-5g permit shall not be 23,644
transferred to another location. No quota restrictions shall be 23,645
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 23,646
(H) Permit D-5h may be issued to any nonprofit 23,648
organization that is exempt from federal income taxation under 23,649
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 23,650
501(c)(3), as amended, that owns or operates a fine arts museum 23,651
and has no less than five thousand bona fide members possessing 23,652
full membership privileges. The holder of a D-5h permit may sell 23,653
beer and any intoxicating liquor at retail, only by the 23,654
individual drink in glass and from the container, for consumption 23,655
on the premises where sold. The holder of a D-5h permit shall 23,656
sell no beer or intoxicating liquor for consumption on the 23,657
premises where sold after one a.m. A D-5h permit shall not be 23,658
transferred to another location. No quota restrictions shall be 23,659
placed on the number of D-5h permits that may be issued. The fee 23,660
for this permit is one thousand five hundred dollars. 23,661
(I) Permit D-5i may be issued to either the owner or the 23,663
operator of a food service operation licensed under section 23,664
3732.03 of the Revised Code that meets all of the following 23,665
requirements: 23,666
(1) It is located in a municipal corporation or a township 23,668
with a population of fifty thousand or less;. 23,669
(2) It has inside seating capacity for at least one 23,671
hundred forty persons;. 23,672
(3) It has at least five thousand square feet of floor 23,674
area;. 23,675
553
(4) It offers full-course meals, appetizers, and 23,677
sandwiches;. 23,678
(5) Its receipts from beer and liquor sales do not exceed 23,680
twenty-five per cent of its total gross receipts;. 23,681
(6) The value of its real and personal property exceeds 23,683
nine hundred twenty-five thousand dollars. 23,685
The holder of a D-5i permit shall cause an independent 23,687
audit to be performed at the end of one full year of operation 23,688
following issuance of the permit, in order to verify the 23,689
requirements of division (I)(5) of this section. The results of 23,690
the independent audit shall be transmitted to the division. Upon 23,692
determining that the receipts of the holder from beer and liquor 23,693
sales exceeded twenty-five per cent of its total gross receipts, 23,694
the division shall suspend the permit of the permit holder under 23,696
section 4301.25 of the Revised Code and may allow the permit 23,697
holder to elect a forfeiture under section 4301.252 of the 23,698
Revised Code.
The holder of a D-5i permit may sell beer and any 23,700
intoxicating liquor at retail, only by the individual drink in 23,701
glass and from the container, for consumption on the premises 23,702
where sold, and may sell the same products in the same manner and 23,703
amounts not for consumption on the premises where sold as may be 23,704
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 23,705
permit shall sell no beer or intoxicating liquor for consumption 23,706
on the premises where sold after two-thirty a.m. In addition to 23,707
the privileges authorized in THIS division (I) of this section, 23,708
the holder of a D-5i permit may exercise the same privileges as 23,710
the holder of a D-5 permit. 23,711
A D-5i permit shall not be transferred to another location. 23,713
The division of liquor control shall not renew a D-5i permit 23,715
unless the food service operation for which it is issued 23,716
continues to meet the requirements described in divisions (I)(1) 23,717
to (6) of this section. No quota restrictions shall be placed on 23,718
the number of D-5i permits that may be issued. The fee for this 23,719
554
permit is one thousand eight hundred seventy-five dollars. 23,720
(J)(1) PERMIT D-5j MAY BE ISSUED TO EITHER THE OWNER OR 23,723
THE OPERATOR OF A FOOD SERVICE OPERATION LICENSED UNDER SECTION 23,724
3732.03 OF THE REVISED CODE TO SELL BEER AND INTOXICATING LIQUOR 23,725
AT RETAIL, ONLY BY THE INDIVIDUAL DRINK IN GLASS AND FROM THE 23,726
CONTAINER, FOR CONSUMPTION ON THE PREMISES WHERE SOLD AND TO SELL 23,728
BEER AND INTOXICATING LIQUOR IN THE SAME MANNER AND AMOUNTS NOT
FOR CONSUMPTION ON THE PREMISES WHERE SOLD AS MAY BE SOLD BY THE 23,730
HOLDERS OF D-1 AND D-2 PERMITS. THE HOLDER OF A D-5j PERMIT MAY 23,732
EXERCISE THE SAME PRIVILEGES, AND SHALL OBSERVE THE SAME HOURS OF 23,734
OPERATION, AS THE HOLDER OF A D-5 PERMIT. 23,735
(2) THE D-5j PERMIT SHALL BE ISSUED ONLY WITHIN A 23,737
COMMUNITY ENTERTAINMENT DISTRICT THAT IS DESIGNATED UNDER SECTION 23,739
4301.80 OF THE REVISED CODE AND THAT IS LOCATED IN A MUNICIPAL 23,741
CORPORATION WITH A POPULATION OF AT LEAST ONE HUNDRED THOUSAND. 23,742
(3) THE LOCATION OF A D-5j PERMIT MAY BE TRANSFERRED ONLY 23,745
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE COMMUNITY ENTERTAINMENT 23,746
DISTRICT IN WHICH IT WAS ISSUED AND SHALL NOT BE TRANSFERRED 23,747
OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THAT DISTRICT. 23,748
(4) NOT MORE THAN ONE D-5j PERMIT SHALL BE ISSUED WITHIN 23,751
EACH COMMUNITY ENTERTAINMENT DISTRICT FOR EACH FIVE ACRES OF LAND 23,752
LOCATED WITHIN THE DISTRICT. NOT MORE THAN FIFTEEN D-5j PERMITS 23,754
MAY BE ISSUED WITHIN A SINGLE COMMUNITY ENTERTAINMENT DISTRICT. 23,755
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (J)(4) OF THIS SECTION, 23,756
NO QUOTA RESTRICTIONS SHALL BE PLACED UPON THE NUMBER OF D-5j 23,758
PERMITS THAT MAY BE ISSUED.
(5) THE FEE FOR A D-5j PERMIT IS ONE THOUSAND EIGHT 23,761
HUNDRED SEVENTY-FIVE DOLLARS.
Sec. 4303.182. Except as otherwise provided in this 23,772
section, permit D-6 shall be issued to the holder of an A-1-A, 23,773
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 23,774
D-5f, D-5g, D-5h, D-5i, D-5j, or D-7 permit to allow sale under 23,775
such permit between the hours of one p.m. and midnight on Sunday, 23,776
if such sale has been authorized under section 4301.361 of the 23,777
555
Revised Code and under the restrictions of such authorization. 23,778
Permit D-6 shall be issued to the holder of any permit, including 23,779
a D-4a and D-5d permit, authorizing the sale of intoxicating 23,780
liquor issued for a premises located at any publicly owned 23,781
airport, as defined in section 4563.01 of the Revised Code, at 23,782
which commercial airline companies operate regularly scheduled 23,783
flights on which space is available to the public, to allow sale 23,784
under such permit between the hours of one p.m. and midnight on 23,785
Sunday, whether or not such sale has been authorized under 23,786
section 4301.361 of the Revised Code. Permit D-6 shall be issued 23,787
to the holder of a D-5a permit, and to the holder of a D-3 or 23,788
D-3a permit who is the owner or operator of a hotel or motel 23,789
required to be licensed under section 3731.03 of the Revised Code 23,790
containing at least fifty rooms for registered transient guests 23,791
and which has on its premises a restaurant licensed pursuant to 23,792
section 3732.03 of the Revised Code affiliated with the hotel or 23,793
motel and within or contiguous to the hotel or motel and serving 23,794
food within the hotel or motel, to allow sale under such permit 23,795
between the hours of one p.m. and midnight on Sunday, whether or 23,796
not such sale has been authorized under section 4301.361 of the 23,797
Revised Code.
If the restriction to licensed premises where the sale of 23,800
food and other goods and services exceeds fifty per cent of the 23,801
total gross receipts of the permit holder at the premises is 23,802
applicable, the division of liquor control may accept an 23,803
affidavit from the permit holder to show the proportion of the 23,804
permit holder's gross receipts derived from the sale of food and 23,805
other goods and services. If the liquor control commission 23,806
determines such affidavit to have been false, it shall revoke the 23,807
permits of the permit holder at the premises concerned. 23,808
The fee for the D-6 permit is two hundred fifty dollars 23,811
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 23,812
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 23,813
D-5i, D-5j, or D-7 permit. The fee for the D-6 permit is two 23,814
556
hundred dollars when it is issued to the holder of a C-2 permit. 23,815
Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, 23,826
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 23,827
or D-6 permit shall be exercised at not more than two fixed 23,828
counters, commonly known as bars, in rooms or places on the 23,829
permit premises, where malt beverages, mixed beverages, wine, or 23,830
spirituous liquor is sold to the public for consumption on the 23,831
premises. For each additional fixed counter on the permit 23,832
premises where those beverages are sold for consumption on the 23,833
premises, the permit holder shall obtain a duplicate D-2, D-3, 23,834
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, 23,835
D-5j, or D-6 permit.
The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, 23,838
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6 permit shall be 23,840
granted, upon application to the division of liquor control, a 23,841
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, 23,842
D-5g, D-5h, D-5i, D-5j, or D-6 permit for each additional fixed 23,843
counter on the permit premises at which beer, malt beverages, 23,844
mixed beverages, wine, or spirituous liquor is sold for 23,845
consumption on the premises, provided such THE application is 23,847
made in the same manner as an application for an original permit. 23,848
Such THE application shall be identified with DUPLICATE printed 23,850
on the permit application form furnished by the department, in 23,851
boldface type. Such THE application shall identify by name, or 23,853
otherwise amply describe, the room or place on the premises where 23,854
such THE duplicate permit is to be operative. Each duplicate 23,856
permit shall be issued only to the same individual, firm, or 23,857
corporation as that of the original permit and shall be an exact 23,858
duplicate in size and word content as the original permit, except 23,859
that it shall show thereon ON IT the name or other ample 23,860
identification of the room, or place, for which IT IS issued and 23,861
shall have DUPLICATE printed thereon ON IT in boldface type. 23,862
Such a A duplicate permit shall bear the same number as that of 23,864
the original permit. The fee for such A duplicate permit is: 23,865
557
D-1, one hundred dollars; D-2, one hundred dollars; D-3, four 23,867
hundred dollars; D-3a, four hundred dollars; D-4, two hundred 23,868
dollars; D-5, one thousand dollars; D-5a, one thousand dollars; 23,869
D-5b, one thousand dollars; D-5c, four hundred dollars; D-5e, six 23,870
hundred fifty dollars; D-5f, one thousand dollars; D-6, one 23,871
hundred dollars when issued to the holder of a D-4a permit,; and 23,872
in all other cases one hundred dollars or an amount which is 23,873
twenty per cent of the fees payable for the A-1-A, D-2, D-3, 23,874
D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 23,875
and D-6 permits issued to the same premises, whichever is higher. 23,877
Application for a duplicate permit may be filed any time during 23,878
the life of an original permit. The fee for each duplicate D-2, 23,879
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, 23,880
D-5i, D-5j, or D-6 permit shall accompany the application for 23,881
each such duplicate permit. 23,882
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, 23,892
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 23,893
D-5g, D-5h, D-5i, D-5j, or F permits shall purchase any beer or 23,894
malt beverage subject to the tax imposed by sections 4301.42 and 23,896
4305.01 of the Revised Code or any wine or mixed beverage subject 23,897
to the tax imposed by section 4301.43 of the Revised Code for 23,898
resale, except from holders of A or B permits. 23,899
No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 23,901
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, or D-5i, OR D-5j permits 23,903
shall purchase spirituous liquor for resale except from the 23,904
division of liquor control, unless with the special consent of 23,905
the division under such particular regulations and markup 23,906
provisions as prescribed by the superintendent of liquor control. 23,907
Sec. 4399.12. No provision contained in Title XLIII of the 23,917
Revised Code that prohibits the sale of intoxicating liquors in 23,918
any of the circumstances described in section 4399.11 of the 23,919
Revised Code extends to or prevents the holder of an A, B, C-2, 23,920
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, 23,921
D-5h, D-5i, D-5j, G, or I permit issued by the division of liquor 23,923
558
control from distributing or selling intoxicating liquor at the
place of business described in the permit of the holder. 23,924
Sec. 4511.191. (A) Any person who operates a vehicle upon 23,933
a highway or any public or private property used by the public 23,934
for vehicular travel or parking within this state shall be deemed 23,935
to have given consent to a chemical test or tests of the person's 23,937
blood, breath, or urine for the purpose of determining the 23,938
alcohol, drug, or alcohol and drug content of the person's blood, 23,939
breath, or urine if arrested for operating a vehicle while under 23,941
the influence of alcohol, a drug of abuse, or alcohol and a drug 23,942
of abuse or for operating a vehicle with a prohibited 23,943
concentration of alcohol in the blood, breath, or urine. The 23,944
chemical test or tests shall be administered at the request of a 23,945
police officer having reasonable grounds to believe the person to 23,946
have been operating a vehicle upon a highway or any public or 23,947
private property used by the public for vehicular travel or 23,948
parking in this state while under the influence of alcohol, a 23,949
drug of abuse, or alcohol and a drug of abuse or with a 23,950
prohibited concentration of alcohol in the blood, breath, or 23,951
urine. The law enforcement agency by which the officer is 23,952
employed shall designate which of the tests shall be
administered. 23,953
(B) Any person who is dead or unconscious, or who is 23,955
otherwise in a condition rendering the person incapable of 23,956
refusal, shall be deemed not to have withdrawn consent as 23,958
provided by division (A) of this section and the test or tests 23,959
may be administered, subject to sections 313.12 to 313.16 of the 23,960
Revised Code. 23,961
(C)(1) Any person under arrest for operating a vehicle 23,963
while under the influence of alcohol, a drug of abuse, or alcohol 23,964
and a drug of abuse or for operating a vehicle with a prohibited 23,965
concentration of alcohol in the blood, breath, or urine shall be 23,966
advised at a police station, or at a hospital, first-aid station, 23,967
or clinic to which the person has been taken for first-aid or 23,968
559
medical treatment, of both of the following: 23,969
(a) The consequences, as specified in division (E) of this 23,971
section, of the person's refusal to submit upon request to a 23,972
chemical test designated by the law enforcement agency as 23,974
provided in division (A) of this section; 23,975
(b) The consequences, as specified in division (F) of this 23,977
section, of the person's submission to the designated chemical 23,979
test if the person is found to have a prohibited concentration of 23,980
alcohol in the blood, breath, or urine. 23,981
(2)(a) The advice given pursuant to division (C)(1) of 23,983
this section shall be in a written form containing the 23,984
information described in division (C)(2)(b) of this section and 23,985
shall be read to the person. The form shall contain a statement 23,986
that the form was shown to the person under arrest and read to 23,987
the person in the presence of the arresting officer and either 23,989
another police officer, a civilian police employee, or an 23,990
employee of a hospital, first-aid station, or clinic, if any, to 23,991
which the person has been taken for first-aid or medical 23,992
treatment. The witnesses shall certify to this fact by signing 23,993
the form.
(b) The form required by division (C)(2)(a) of this 23,995
section shall read as follows: 23,996
"You now are under arrest for operating a vehicle while 23,998
under the influence of alcohol, a drug of abuse, or both alcohol 23,999
and a drug of abuse and will be requested by a police officer to 24,000
submit to a chemical test to determine the concentration of 24,001
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 24,002
blood, breath, or urine. 24,003
If you refuse to submit to the requested test or if you 24,005
submit to the requested test and are found to have a prohibited 24,006
concentration of alcohol in your blood, breath, or urine, your 24,007
driver's or commercial driver's license or permit or nonresident 24,008
operating privilege immediately will be suspended for the period 24,009
of time specified by law by the officer, on behalf of the 24,010
560
registrar of motor vehicles. You may appeal this suspension at 24,011
your initial appearance before the court that hears the charges 24,012
against you resulting from the arrest, and your initial 24,013
appearance will be conducted no later than five days after the 24,014
arrest. This suspension is independent of the penalties for the 24,015
offense, and you may be subject to other penalties upon 24,016
conviction." 24,017
(D)(1) If a person under arrest as described in division 24,019
(C)(1) of this section is not asked by a police officer to submit 24,020
to a chemical test designated as provided in division (A) of this 24,021
section, the arresting officer shall seize the Ohio or 24,022
out-of-state driver's or commercial driver's license or permit of 24,023
the person and immediately forward the seized license or permit 24,024
to the court in which the arrested person is to appear on the 24,025
charge for which the person was arrested. If the arrested person 24,026
does not have the person's driver's or commercial driver's 24,027
license or permit on the person's self or in the person's 24,028
vehicle, the arresting officer shall order the arrested person to 24,030
surrender it to the law enforcement agency that employs the 24,032
officer within twenty-four hours after the arrest, and, upon the 24,033
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 24,035
person is to appear on the charge for which the person was 24,036
arrested. Upon receipt of the license or permit, the court shall 24,038
retain it pending the initial appearance of the arrested person 24,039
and any action taken under section 4511.196 of the Revised Code. 24,040
If a person under arrest as described in division (C)(1) of 24,042
this section is asked by a police officer to submit to a chemical 24,043
test designated as provided in division (A) of this section and 24,044
is advised of the consequences of the person's refusal or 24,045
submission as provided in division (C) of this section and if the 24,046
person either refuses to submit to the designated chemical test 24,047
or the person submits to the designated chemical test and the 24,048
test results indicate that the person's blood contained a 24,049
561
concentration of ten-hundredths of one per cent or more by weight 24,050
of alcohol, the person's breath contained a concentration of 24,051
ten-hundredths of one gram or more by weight of alcohol per two 24,052
hundred ten liters of the person's breath, or the person's urine 24,053
contained a concentration of fourteen-hundredths of one gram or 24,055
more by weight of alcohol per one hundred milliliters of the 24,056
person's urine at the time of the alleged offense, the arresting 24,058
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 24,060
suspension upon the person that advises the person that, 24,061
independent of any penalties or sanctions imposed upon the person 24,063
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 24,065
license or permit or nonresident operating privilege is 24,066
suspended, that the suspension takes effect immediately, that the 24,067
suspension will last at least until the person's initial 24,068
appearance on the charge that will be held within five days after 24,070
the date of the person's arrest or the issuance of a citation to 24,072
the person, and that the person may appeal the suspension at the 24,074
initial appearance; seize the Ohio or out-of-state driver's or 24,075
commercial driver's license or permit of the person; and 24,076
immediately forward the seized license or permit to the 24,077
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 24,078
self or in the person's vehicle, the arresting officer shall 24,080
order the person to surrender it to the law enforcement agency 24,081
that employs the officer within twenty-four hours after the 24,082
service of the notice of suspension, and, upon the surrender, the 24,083
officer's employing agency immediately shall forward the license 24,084
or permit to the registrar. 24,085
(b) Verify the current residence of the person and, if it 24,087
differs from that on the person's driver's or commercial driver's 24,088
license or permit, notify the registrar of the change; 24,089
(c) In addition to forwarding the arrested person's 24,091
562
driver's or commercial driver's license or permit to the 24,092
registrar, send to the registrar, within forty-eight hours after 24,093
the arrest of the person, a sworn report that includes all of the 24,094
following statements: 24,095
(i) That the officer had reasonable grounds to believe 24,097
that, at the time of the arrest, the arrested person was 24,098
operating a vehicle upon a highway or public or private property 24,099
used by the public for vehicular travel or parking within this 24,100
state while under the influence of alcohol, a drug of abuse, or 24,101
alcohol and a drug of abuse or with a prohibited concentration of 24,102
alcohol in the blood, breath, or urine; 24,103
(ii) That the person was arrested and charged with 24,105
operating a vehicle while under the influence of alcohol, a drug 24,106
of abuse, or alcohol and a drug of abuse or with operating a 24,107
vehicle with a prohibited concentration of alcohol in the blood, 24,108
breath, or urine; 24,109
(iii) That the officer asked the person to take the 24,111
designated chemical test, advised the person of the consequences 24,112
of submitting to the chemical test or refusing to take the 24,113
chemical test, and gave the person the form described in division 24,114
(C)(2) of this section; 24,115
(iv) That the person refused to submit to the chemical 24,117
test or that the person submitted to the chemical test and the 24,118
test results indicate that the person's blood contained a 24,119
concentration of ten-hundredths of one per cent or more by weight 24,121
of alcohol, the person's breath contained a concentration of 24,122
ten-hundredths of one gram or more by weight of alcohol per two 24,123
hundred ten liters of the person's breath, or the person's urine 24,124
contained a concentration of fourteen-hundredths of one gram or 24,126
more by weight of alcohol per one hundred milliliters of the 24,127
person's urine at the time of the alleged offense; 24,129
(v) That the officer served a notice of suspension upon 24,131
the person as described in division (D)(1)(a) of this section. 24,132
(2) The sworn report of an arresting officer completed 24,134
563
under division (D)(1)(c) of this section shall be given by the 24,135
officer to the arrested person at the time of the arrest or sent 24,136
to the person by regular first class mail by the registrar as 24,137
soon thereafter as possible, but no later than fourteen days 24,138
after receipt of the report. An arresting officer may give an 24,139
unsworn report to the arrested person at the time of the arrest 24,140
provided the report is complete when given to the arrested person 24,141
and subsequently is sworn to by the arresting officer. As soon 24,142
as possible, but no later than forty-eight hours after the arrest 24,143
of the person, the arresting officer shall send a copy of the 24,144
sworn report to the court in which the arrested person is to 24,145
appear on the charge for which the person was arrested. 24,146
(3) The sworn report of an arresting officer completed and 24,148
sent to the registrar and the court under divisions (D)(1)(c) and 24,149
(D)(2) of this section is prima-facie proof of the information 24,150
and statements that it contains and shall be admitted and 24,151
considered as prima-facie proof of the information and statements 24,152
that it contains in any appeal under division (H) of this section 24,153
relative to any suspension of a person's driver's or commercial 24,154
driver's license or permit or nonresident operating privilege 24,155
that results from the arrest covered by the report. 24,156
(E)(1) Upon receipt of the sworn report of an arresting 24,158
officer completed and sent to the registrar and a court pursuant 24,159
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 24,160
person who refused to take the designated chemical test, the 24,161
registrar shall enter into the registrar's records the fact that 24,163
the person's driver's or commercial driver's license or permit or 24,164
nonresident operating privilege was suspended by the arresting 24,165
officer under division (D)(1)(a) of this section and the period 24,166
of the suspension, as determined under divisions (E)(1)(a) to (d) 24,167
of this section. The suspension shall be subject to appeal as 24,168
provided in this section and shall be for whichever of the 24,169
following periods applies: 24,170
(a) If the arrested person, within five years of the date 24,172
564
on which the person refused the request to consent to the 24,173
chemical test, had not refused a previous request to consent to a 24,175
chemical test of the person's blood, breath, or urine to 24,176
determine its alcohol content, the period of suspension shall be 24,178
one year. If the person is a resident without a license or 24,179
permit to operate a vehicle within this state, the registrar 24,180
shall deny to the person the issuance of a driver's or commercial 24,181
driver's license or permit for a period of one year after the 24,182
date of the alleged violation.
(b) If the arrested person, within five years of the date 24,184
on which the person refused the request to consent to the 24,185
chemical test, had refused one previous request to consent to a 24,187
chemical test of the person's blood, breath, or urine to 24,188
determine its alcohol content, the period of suspension or denial 24,190
shall be two years.
(c) If the arrested person, within five years of the date 24,192
on which the person refused the request to consent to the 24,193
chemical test, had refused two previous requests to consent to a 24,195
chemical test of the person's blood, breath, or urine to 24,196
determine its alcohol content, the period of suspension or denial 24,198
shall be three years.
(d) If the arrested person, within five years of the date 24,200
on which the person refused the request to consent to the 24,201
chemical test, had refused three or more previous requests to 24,203
consent to a chemical test of the person's blood, breath, or 24,204
urine to determine its alcohol content, the period of suspension 24,206
or denial shall be five years. 24,207
(2) The suspension or denial imposed under division (E)(1) 24,209
of this section shall continue for the entire one-year, two-year, 24,210
three-year, or five-year period, subject to appeal as provided in 24,211
this section and subject to termination as provided in division 24,212
(K) of this section. 24,213
(F) Upon receipt of the sworn report of an arresting 24,215
officer completed and sent to the registrar and a court pursuant 24,216
565
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 24,217
person whose test results indicate that the person's blood 24,218
contained a concentration of ten-hundredths of one per cent or 24,220
more by weight of alcohol, the person's breath contained a 24,221
concentration of ten-hundredths of one gram or more by weight of 24,222
alcohol per two hundred ten liters of the person's breath, or the 24,224
person's urine contained a concentration of fourteen-hundredths 24,225
of one gram or more by weight of alcohol per one hundred 24,226
milliliters of the person's urine at the time of the alleged 24,227
offense, the registrar shall enter into the registrar's records 24,228
the fact that the person's driver's or commercial driver's 24,230
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 24,231
this section and the period of the suspension, as determined 24,232
under divisions (F)(1) to (4) of this section. The suspension 24,233
shall be subject to appeal as provided in this section and shall 24,234
be for whichever of the following periods that applies: 24,235
(1) Except when division (F)(2), (3), or (4) of this 24,237
section applies and specifies a different period of suspension or 24,238
denial, the period of the suspension or denial shall be ninety 24,239
days.
(2) If the person has been convicted, within six years of 24,241
the date the test was conducted, of one violation of division (A) 24,244
or (B) of section 4511.19 of the Revised Code, a municipal 24,245
ordinance relating to operating a vehicle while under the 24,246
influence of alcohol, a drug of abuse, or alcohol and a drug of 24,247
abuse, a municipal ordinance relating to operating a vehicle with 24,248
a prohibited concentration of alcohol in the blood, breath, or 24,249
urine, section 2903.04 of the Revised Code in a case in which the 24,250
offender was subject to the sanctions described in division (D) 24,251
of that section, or section 2903.06, 2903.07, or 2903.08 of the 24,252
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 24,253
the jury or judge found that at the time of the commission of the 24,254
566
offense the offender was under the influence of alcohol, a drug 24,255
of abuse, or alcohol and a drug of abuse, or a statute of the 24,256
United States or of any other state or a municipal ordinance of a 24,257
municipal corporation located in any other state that is 24,258
substantially similar to division (A) or (B) of section 4511.19 24,259
of the Revised Code, the period of the suspension or denial shall 24,260
be one year.
(3) If the person has been convicted, within six years of 24,262
the date the test was conducted, of two violations of a statute 24,263
or ordinance described in division (F)(2) of this section, the 24,265
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 24,267
the date the test was conducted, of more than two violations of a 24,268
statute or ordinance described in division (F)(2) of this 24,269
section, the period of the suspension or denial shall be three 24,270
years. 24,271
(G)(1) A suspension of a person's driver's or commercial 24,273
driver's license or permit or nonresident operating privilege 24,274
under division (D)(1)(a) of this section for the period of time 24,275
described in division (E) or (F) of this section is effective 24,276
immediately from the time at which the arresting officer serves 24,277
the notice of suspension upon the arrested person. Any 24,278
subsequent finding that the person is not guilty of the charge 24,279
that resulted in the person being requested to take, or in the 24,281
person taking, the chemical test or tests under division (A) of 24,282
this section affects the suspension only as described in division 24,283
(H)(2) of this section. 24,284
(2) If a person is arrested for operating a vehicle while 24,286
under the influence of alcohol, a drug of abuse, or alcohol and a 24,287
drug of abuse or for operating a vehicle with a prohibited 24,288
concentration of alcohol in the blood, breath, or urine and 24,289
regardless of whether the person's driver's or commercial 24,290
driver's license or permit or nonresident operating privilege is 24,291
or is not suspended under division (E) or (F) of this section, 24,292
567
the person's initial appearance on the charge resulting from the 24,293
arrest shall be held within five days of the person's arrest or 24,294
the issuance of the citation to the person, subject to any 24,295
continuance granted by the court pursuant to division (H)(1) of 24,297
this section regarding the issues specified in that division. 24,298
(H)(1) If a person is arrested for operating a vehicle 24,300
while under the influence of alcohol, a drug of abuse, or alcohol 24,301
and a drug of abuse or for operating a vehicle with a prohibited 24,302
concentration of alcohol in the blood, breath, or urine and if 24,303
the person's driver's or commercial driver's license or permit or 24,304
nonresident operating privilege is suspended under division (E) 24,305
or (F) of this section, the person may appeal the suspension at 24,306
the person's initial appearance on the charge resulting from the 24,309
arrest in the court in which the person will appear on that 24,310
charge. If the person appeals the suspension at the person's 24,311
initial appearance, the appeal does not stay the operation of the 24,312
suspension. Subject to division (H)(2) of this section, no court 24,313
has jurisdiction to grant a stay of a suspension imposed under 24,314
division (E) or (F) of this section, and any order issued by any 24,315
court that purports to grant a stay of any suspension imposed 24,316
under either of those divisions shall not be given administrative 24,317
effect.
If the person appeals the suspension at the person's 24,319
initial appearance, either the person or the registrar may 24,320
request a continuance of the appeal. Either the person or the 24,322
registrar shall make the request for a continuance of the appeal 24,323
at the same time as the making of the appeal. If either the 24,324
person or the registrar requests a continuance of the appeal, the 24,325
court may grant the continuance. The court also may continue the 24,326
appeal on its own motion. The granting of a continuance applies 24,327
only to the conduct of the appeal of the suspension and does not 24,328
extend the time within which the initial appearance must be 24,329
conducted, and the court shall proceed with all other aspects of 24,330
the initial appearance in accordance with its normal procedures. 24,331
568
Neither the request for nor the granting of a continuance stays 24,332
the operation of the suspension that is the subject of the 24,333
appeal.
If the person appeals the suspension at the person's 24,335
initial appearance, the scope of the appeal is limited to 24,336
determining whether one or more of the following conditions have 24,337
not been met: 24,338
(a) Whether the law enforcement officer had reasonable 24,340
ground to believe the arrested person was operating a vehicle 24,341
upon a highway or public or private property used by the public 24,342
for vehicular travel or parking within this state while under the 24,343
influence of alcohol, a drug of abuse, or alcohol and a drug of 24,344
abuse or with a prohibited concentration of alcohol in the blood, 24,345
breath, or urine and whether the arrested person was in fact 24,346
placed under arrest; 24,347
(b) Whether the law enforcement officer requested the 24,349
arrested person to submit to the chemical test designated 24,350
pursuant to division (A) of this section; 24,351
(c) Whether the arresting officer informed the arrested 24,353
person of the consequences of refusing to be tested or of 24,354
submitting to the test; 24,355
(d) Whichever of the following is applicable: 24,357
(i) Whether the arrested person refused to submit to the 24,359
chemical test requested by the officer; 24,360
(ii) Whether the chemical test results indicate that the 24,362
arrested person's blood contained a concentration of 24,363
ten-hundredths of one per cent or more by weight of alcohol, the 24,365
person's breath contained a concentration of ten-hundredths of 24,367
one gram or more by weight of alcohol per two hundred ten liters 24,368
of the person's breath, or the person's urine contained a 24,369
concentration of fourteen-hundredths of one gram or more by 24,371
weight of alcohol per one hundred milliliters of the person's 24,372
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 24,374
569
appearance, the judge or referee of the court or the mayor of the 24,375
mayor's court shall determine whether one or more of the 24,376
conditions specified in divisions (H)(1)(a) to (d) of this 24,377
section have not been met. The person who appeals the suspension 24,378
has the burden of proving, by a preponderance of the evidence, 24,379
that one or more of the specified conditions has not been met. 24,380
If during the appeal at the initial appearance the judge or 24,381
referee of the court or the mayor of the mayor's court determines 24,382
that all of those conditions have been met, the judge, referee, 24,383
or mayor shall uphold the suspension, shall continue the 24,384
suspension, and shall notify the registrar of the decision on a 24,385
form approved by the registrar. Except as otherwise provided in 24,386
division (H)(2) of this section, if the suspension is upheld or 24,387
if the person does not appeal the suspension at the person's 24,388
initial appearance under division (H)(1) of this section, the 24,389
suspension shall continue until the complaint alleging the 24,390
violation for which the person was arrested and in relation to 24,391
which the suspension was imposed is adjudicated on the merits by 24,392
the judge or referee of the trial court or by the mayor of the 24,393
mayor's court. If the suspension was imposed under division (E) 24,394
of this section and it is continued under this division, any 24,395
subsequent finding that the person is not guilty of the charge 24,396
that resulted in the person being requested to take the chemical 24,397
test or tests under division (A) of this section does not 24,398
terminate or otherwise affect the suspension. If the suspension 24,399
was imposed under division (F) of this section and it is 24,400
continued under this division, the suspension shall terminate if, 24,401
for any reason, the person subsequently is found not guilty of 24,402
the charge that resulted in the person taking the chemical test 24,403
or tests under division (A) of this section. 24,404
If, during the appeal at the initial appearance, the judge 24,406
or referee of the trial court or the mayor of the mayor's court 24,407
determines that one or more of the conditions specified in 24,408
divisions (H)(1)(a) to (d) of this section have not been met, the 24,409
570
judge, referee, or mayor shall terminate the suspension, subject 24,410
to the imposition of a new suspension under division (B) of 24,411
section 4511.196 of the Revised Code; shall notify the registrar 24,412
of the decision on a form approved by the registrar; and, except 24,413
as provided in division (B) of section 4511.196 of the Revised 24,415
Code, shall order the registrar to return the driver's or 24,416
commercial driver's license or permit to the person or to take 24,417
such measures as may be necessary, if the license or permit was 24,418
destroyed under section 4507.55 of the Revised Code, to permit 24,419
the person to obtain a replacement driver's or commercial 24,420
driver's license or permit from the registrar or a deputy 24,421
registrar in accordance with that section. The court also shall 24,422
issue to the person a court order, valid for not more than ten 24,423
days from the date of issuance, granting the person operating 24,424
privileges for that period of time.
If the person appeals the suspension at the initial 24,426
appearance, the registrar shall be represented by the prosecuting 24,427
attorney of the county in which the arrest occurred if the 24,428
initial appearance is conducted in a juvenile court or county 24,429
court, except that if the arrest occurred within a city or 24,430
village within the jurisdiction of the county court in which the 24,431
appeal is conducted, the city director of law or village 24,432
solicitor of that city or village shall represent the registrar. 24,433
If the appeal is conducted in a municipal court, the registrar 24,434
shall be represented as provided in section 1901.34 of the 24,435
Revised Code. If the appeal is conducted in a mayor's court, the 24,436
registrar shall be represented by the city director of law, 24,437
village solicitor, or other chief legal officer of the municipal 24,438
corporation that operates that mayor's court. 24,439
(I)(1) If a person's driver's or commercial driver's 24,441
license or permit or nonresident operating privilege has been 24,442
suspended pursuant to division (E) of this section, and the 24,443
person, within the preceding seven years, has refused three 24,444
previous requests to consent to a chemical test of the person's 24,446
571
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 24,447
of division (A) or (B) of section 4511.19 of the Revised Code, a 24,448
municipal ordinance relating to operating a vehicle while under 24,449
the influence of alcohol, a drug of abuse, or alcohol and a drug 24,450
of abuse, a municipal ordinance relating to operating a vehicle 24,451
with a prohibited concentration of alcohol in the blood, breath, 24,452
or urine, section 2903.04 of the Revised Code in a case in which 24,453
the person was subject to the sanctions described in division (D) 24,454
of that section, or section 2903.06, 2903.07, or 2903.08 of the 24,455
Revised Code or a municipal ordinance that is substantially 24,456
similar to section 2903.07 of the Revised Code in a case in which 24,457
the jury or judge found that the person was under the influence 24,458
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 24,459
statute of the United States or of any other state or a municipal 24,460
ordinance of a municipal corporation located in any other state 24,461
that is substantially similar to division (A) or (B) of section 24,462
4511.19 of the Revised Code, the person is not entitled to 24,463
request, and the court shall not grant to the person, 24,464
occupational driving privileges under this division. Any other 24,465
person whose driver's or commercial driver's license or 24,466
nonresident operating privilege has been suspended pursuant to 24,467
division (E) of this section may file a petition requesting 24,468
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 24,469
is a minor, juvenile court with jurisdiction over the related 24,471
criminal or delinquency case. The petition may be filed at any 24,472
time subsequent to the date on which the notice of suspension is 24,473
served upon the arrested person. The person shall pay the costs 24,474
of the proceeding, notify the registrar of the filing of the 24,475
petition, and send the registrar a copy of the petition. 24,476
In the proceedings, the registrar shall be represented by 24,478
the prosecuting attorney of the county in which the arrest 24,479
occurred if the petition is filed in the juvenile court, county 24,480
572
court, or common pleas court, except that, if the arrest occurred 24,481
within a city or village within the jurisdiction of the county 24,483
court in which the petition is filed, the city director of law or 24,484
village solicitor of that city or village shall represent the 24,485
registrar. If the petition is filed in the municipal court, the 24,486
registrar shall be represented as provided in section 1901.34 of 24,487
the Revised Code. If the petition is filed in a mayor's court, 24,488
the registrar shall be represented by the city director of law, 24,489
village solicitor, or other chief legal officer of the municipal 24,490
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 24,492
suspension would seriously affect the person's ability to 24,493
continue in the person's employment, may grant the person 24,494
occupational driving privileges during the period of suspension 24,496
imposed pursuant to division (E) of this section, subject to the 24,497
limitations contained in this division and division (I)(2) of 24,498
this section. The court may grant the occupational driving 24,499
privileges, subject to the limitations contained in this division 24,500
and division (I)(2) of this section, regardless of whether the 24,501
person appeals the suspension at the person's initial appearance 24,503
under division (H)(1) of this section or appeals the decision of 24,504
the court made pursuant to the appeal conducted at the initial 24,505
appearance, and, if the person has appealed the suspension or 24,506
decision, regardless of whether the matter at issue has been 24,507
heard or decided by the court. The court shall not grant 24,508
occupational driving privileges to any person who, within seven 24,509
years of the filing of the petition, has refused three previous 24,510
requests to consent to a chemical test of the person's blood, 24,512
breath, or urine to determine its alcohol content or has been 24,513
convicted of or pleaded guilty to three or more violations of 24,514
division (A) or (B) of section 4511.19 of the Revised Code, a 24,515
municipal ordinance relating to operating a vehicle while under 24,516
the influence of alcohol, a drug of abuse, or alcohol and a drug 24,517
of abuse, a municipal ordinance relating to operating a vehicle 24,518
573
with a prohibited concentration of alcohol in the blood, breath, 24,519
or urine, section 2903.04 of the Revised Code in a case in which 24,520
the person was subject to the sanctions described in division (D) 24,521
of that section, or section 2903.06, 2903.07, or 2903.08 of the 24,522
Revised Code or a municipal ordinance that is substantially 24,523
similar to section 2903.07 of the Revised Code in a case in which 24,524
the jury or judge found that the person was under the influence 24,525
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 24,526
statute of the United States or of any other state or a municipal 24,527
ordinance of a municipal corporation located in any other state 24,528
that is substantially similar to division (A) or (B) of section 24,529
4511.19 of the Revised Code, and shall not grant occupational 24,530
driving privileges for employment as a driver of commercial motor 24,531
vehicles to any person who is disqualified from operating a 24,532
commercial motor vehicle under section 2301.374 or 4506.16 of the 24,533
Revised Code.
(2)(a) In granting occupational driving privileges under 24,535
division (I)(1) of this section, the court may impose any 24,536
condition it considers reasonable and necessary to limit the use 24,537
of a vehicle by the person. The court shall deliver to the 24,538
person a permit card, in a form to be prescribed by the court, 24,539
setting forth the time, place, and other conditions limiting the 24,540
defendant's use of a vehicle. The grant of occupational driving 24,541
privileges shall be conditioned upon the person's having the 24,542
permit in the person's possession at all times during which the 24,544
person is operating a vehicle. 24,545
A person granted occupational driving privileges who 24,547
operates a vehicle for other than occupational purposes, in 24,548
violation of any condition imposed by the court, or without 24,549
having the permit in the person's possession, is guilty of a 24,550
violation of section 4507.02 of the Revised Code. 24,552
(b) The court may not grant a person occupational driving 24,554
privileges under division (I)(1) of this section when prohibited 24,555
by a limitation contained in that division or during any of the 24,556
574
following periods of time: 24,557
(i) The first thirty days of suspension imposed upon a 24,559
person who, within five years of the date on which the person 24,560
refused the request to consent to a chemical test of the person's 24,562
blood, breath, or urine to determine its alcohol content and for 24,564
which refusal the suspension was imposed, had not refused a 24,565
previous request to consent to a chemical test of the person's 24,566
blood, breath, or urine to determine its alcohol content; 24,568
(ii) The first ninety days of suspension imposed upon a 24,570
person who, within five years of the date on which the person 24,571
refused the request to consent to a chemical test of the person's 24,573
blood, breath, or urine to determine its alcohol content and for 24,575
which refusal the suspension was imposed, had refused one 24,576
previous request to consent to a chemical test of the person's 24,577
blood, breath, or urine to determine its alcohol content; 24,579
(iii) The first year of suspension imposed upon a person 24,581
who, within five years of the date on which the person refused 24,583
the request to consent to a chemical test of the person's blood, 24,585
breath, or urine to determine its alcohol content and for which 24,586
refusal the suspension was imposed, had refused two previous 24,587
requests to consent to a chemical test of the person's blood, 24,588
breath, or urine to determine its alcohol content; 24,590
(iv) The first three years of suspension imposed upon a 24,592
person who, within five years of the date on which the person 24,593
refused the request to consent to a chemical test of the person's 24,595
blood, breath, or urine to determine its alcohol content and for 24,597
which refusal the suspension was imposed, had refused three or 24,598
more previous requests to consent to a chemical test of the 24,599
person's blood, breath, or urine to determine its alcohol 24,601
content.
(3) The court shall give information in writing of any 24,603
action taken under this section to the registrar. 24,604
(4) If a person's driver's or commercial driver's license 24,606
or permit or nonresident operating privilege has been suspended 24,607
575
pursuant to division (F) of this section, and the person, within 24,608
the preceding seven years, has been convicted of or pleaded 24,609
guilty to three or more violations of division (A) or (B) of 24,610
section 4511.19 of the Revised Code, a municipal ordinance 24,611
relating to operating a vehicle while under the influence of 24,612
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 24,613
municipal ordinance relating to operating a vehicle with a 24,614
prohibited concentration of alcohol in the blood, breath, or 24,615
urine, section 2903.04 of the Revised Code in a case in which the 24,616
person was subject to the sanctions described in division (D) of 24,617
that section, or section 2903.06, 2903.07, or 2903.08 of the 24,618
Revised Code or a municipal ordinance that is substantially 24,619
similar to section 2903.07 of the Revised Code in a case in which 24,620
the jury or judge found that the person was under the influence 24,621
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 24,622
statute of the United States or of any other state or a municipal 24,623
ordinance of a municipal corporation located in any other state 24,625
that is substantially similar to division (A) or (B) of section 24,626
4511.19 of the Revised Code, the person is not entitled to 24,627
request, and the court shall not grant to the person, 24,628
occupational driving privileges under this division. Any other 24,629
person whose driver's or commercial driver's license or 24,630
nonresident operating privilege has been suspended pursuant to 24,631
division (F) of this section may file in the court specified in 24,632
division (I)(1) of this section a petition requesting 24,633
occupational driving privileges in accordance with section 24,634
4507.16 of the Revised Code. The petition may be filed at any 24,635
time subsequent to the date on which the arresting officer serves 24,636
the notice of suspension upon the arrested person. Upon the 24,637
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 24,638
The court may grant the occupational driving privileges, subject 24,639
to the limitations contained in section 4507.16 of the Revised 24,640
Code, regardless of whether the person appeals the suspension at 24,641
576
the person's initial appearance under division (H)(1) of this 24,643
section or appeals the decision of the court made pursuant to the 24,644
appeal conducted at the initial appearance, and, if the person 24,645
has appealed the suspension or decision, regardless of whether 24,646
the matter at issue has been heard or decided by the court. 24,647
(J) When it finally has been determined under the 24,649
procedures of this section that a nonresident's privilege to 24,650
operate a vehicle within this state has been suspended, the 24,651
registrar shall give information in writing of the action taken 24,652
to the motor vehicle administrator of the state of the person's 24,653
residence and of any state in which the person has a license. 24,654
(K) A suspension of the driver's or commercial driver's 24,656
license or permit of a resident, a suspension of the operating 24,657
privilege of a nonresident, or a denial of a driver's or 24,658
commercial driver's license or permit pursuant to division (E) or 24,660
(F) of this section shall be terminated by the registrar upon 24,662
receipt of notice of the person's entering a plea of guilty to, 24,663
or of the person's conviction of, operating a vehicle while under 24,665
the influence of alcohol, a drug of abuse, or alcohol and a drug 24,666
of abuse or with a prohibited concentration of alcohol in the 24,667
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 24,668
incident that led to the suspension or denial. 24,669
The registrar shall credit against any judicial suspension 24,671
of a person's driver's or commercial driver's license or permit 24,672
or nonresident operating privilege imposed pursuant to division 24,673
(B) or (E) of section 4507.16 of the Revised Code any time during 24,674
which the person serves a related suspension imposed pursuant to 24,675
division (E) or (F) of this section. 24,676
(L) At the end of a suspension period under this section, 24,678
section 4511.196, or division (B) of section 4507.16 of the 24,679
Revised Code and upon the request of the person whose driver's or 24,680
commercial driver's license or permit was suspended and who is 24,681
not otherwise subject to suspension, revocation, or 24,682
577
disqualification, the registrar shall return the driver's or 24,683
commercial driver's license or permit to the person upon the 24,684
person's compliance with all of the conditions specified in 24,686
divisions (L)(1) and (2) of this section: 24,687
(1) A showing by the person that the person has proof of 24,689
financial responsibility, a policy of liability insurance in 24,691
effect that meets the minimum standards set forth in section 24,692
4509.51 of the Revised Code, or proof, to the satisfaction of the 24,693
registrar, that the person is able to respond in damages in an 24,694
amount at least equal to the minimum amounts specified in section 24,695
4509.51 of the Revised Code. 24,696
(2) Subject to the limitation contained in division (L)(3) 24,699
of this section, payment by the person of a license reinstatement 24,700
fee of four hundred five dollars to the bureau of motor vehicles, 24,703
which fee shall be deposited in the state treasury and credited 24,704
as follows: 24,705
(a) One hundred twelve dollars and fifty cents shall be 24,708
credited to the drivers' STATEWIDE treatment and intervention 24,709
PREVENTION fund, which is hereby established CREATED BY SECTION 24,710
4301.30 OF THE REVISED CODE. The fund shall be used to pay the 24,711
costs of driver treatment and intervention programs operated 24,712
pursuant to sections 3793.02 and 3793.10 of the Revised Code. 24,713
The director of alcohol and drug addiction services shall 24,714
determine the share of the fund that is to be allocated to 24,715
alcohol and drug addiction programs authorized by section 3793.02 24,716
of the Revised Code, and the share of the fund that is to be 24,717
allocated to drivers' intervention programs authorized by section 24,718
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 24,720
reparations fund created by section 2743.191 of the Revised Code. 24,722
(c) Thirty-seven dollars and fifty cents shall be credited 24,725
to the indigent drivers alcohol treatment fund, which is hereby 24,726
established. Except as otherwise provided in division (L)(2)(c) 24,728
of this section, moneys in the fund shall be distributed by the 24,729
578
department of alcohol and drug addiction services to the county 24,730
indigent drivers alcohol treatment funds, the county juvenile 24,731
indigent drivers alcohol treatment funds, and the municipal 24,732
indigent drivers alcohol treatment funds that are required to be 24,733
established by counties and municipal corporations pursuant to 24,734
division (N) of this section, and shall be used only to pay the 24,735
cost of an alcohol and drug addiction treatment program attended 24,736
by an offender or juvenile traffic offender who is ordered to 24,737
attend an alcohol and drug addiction treatment program by a 24,738
county, juvenile, or municipal court judge and who is determined 24,739
by the county, juvenile, or municipal court judge not to have the 24,740
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 24,741
that division. Moneys in the fund that are not distributed to a 24,743
county indigent drivers alcohol treatment fund, a county juvenile 24,744
indigent drivers alcohol treatment fund, or a municipal indigent 24,745
drivers alcohol treatment fund under division (N) of this section 24,746
because the director of alcohol and drug addiction services does 24,747
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 24,748
arrested may be transferred by the director of budget and 24,749
management to the drivers' STATEWIDE treatment and intervention 24,750
PREVENTION fund, created in division (L)(2)(a) of this BY section 24,751
4301.30 OF THE REVISED CODE, upon certification of the amount by 24,752
the director of alcohol and drug addiction services. 24,754
(d) Seventy-five dollars shall be credited to the Ohio 24,756
rehabilitation services commission established by section 3304.12 24,757
of the Revised Code, to the services for rehabilitation fund, 24,758
which is hereby established. The fund shall be used to match 24,759
available federal matching funds where appropriate, and for any 24,760
other purpose or program of the commission to rehabilitate people 24,761
with disabilities to help them become employed and independent. 24,762
(e) Seventy-five dollars shall be deposited into the state 24,765
treasury and credited to the drug abuse resistance education 24,766
579
programs fund, which is hereby established, to be used by the 24,767
attorney general for the purposes specified in division (L)(4) of 24,769
this section.
(f) Thirty dollars shall be credited to the state bureau 24,771
of motor vehicles fund created by section 4501.25 of the Revised 24,772
Code.
(3) If a person's driver's or commercial driver's license 24,774
or permit is suspended under division (E) or (F) of this section, 24,776
section 4511.196, or division (B) of section 4507.16 of the 24,777
Revised Code, or any combination of the suspensions described in 24,778
division (L)(3) of this section, and if the suspensions arise 24,779
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 24,780
required to pay to the bureau, only one reinstatement fee of four 24,781
hundred five dollars. The reinstatement fee shall be distributed 24,782
by the bureau in accordance with division (L)(2) of this section. 24,783
(4) The attorney general shall use amounts in the drug 24,785
abuse resistance education programs fund to award grants to law 24,786
enforcement agencies to establish and implement drug abuse 24,787
resistance education programs in public schools. Grants awarded 24,788
to a law enforcement agency under division (L)(2)(e) of this 24,789
section shall be used by the agency to pay for not more than 24,790
fifty per cent of the amount of the salaries of law enforcement 24,791
officers who conduct drug abuse resistance education programs in 24,792
public schools. The attorney general shall not use more than six 24,793
per cent of the amounts the attorney general's office receives 24,795
under division (L)(2)(e) of this section to pay the costs it 24,796
incurs in administering the grant program established by division 24,797
(L)(2)(e) of this section and in providing training and materials 24,798
relating to drug abuse resistance education programs. 24,799
The attorney general shall report to the governor and the 24,801
general assembly each fiscal year on the progress made in 24,802
establishing and implementing drug abuse resistance education 24,803
programs. These reports shall include an evaluation of the 24,804
580
effectiveness of these programs. 24,805
(M) Suspension of a commercial driver's license under 24,807
division (E) or (F) of this section shall be concurrent with any 24,808
period of disqualification under section 2301.374 or 4506.16 of 24,809
the Revised Code. No person who is disqualified for life from 24,810
holding a commercial driver's license under section 4506.16 of 24,811
the Revised Code shall be issued a driver's license under Chapter 24,812
4507. of the Revised Code during the period for which the 24,813
commercial driver's license was suspended under division (E) or 24,814
(F) of this section, and no person whose commercial driver's 24,815
license is suspended under division (E) or (F) of this section 24,816
shall be issued a driver's license under that chapter during the 24,817
period of the suspension. 24,818
(N)(1) Each county shall establish an indigent drivers 24,820
alcohol treatment fund, each county shall establish a juvenile 24,821
indigent drivers alcohol treatment fund, and each municipal 24,822
corporation in which there is a municipal court shall establish 24,823
an indigent drivers alcohol treatment fund. All revenue that the 24,824
general assembly appropriates to the indigent drivers alcohol 24,825
treatment fund for transfer to a county indigent drivers alcohol 24,826
treatment fund, a county juvenile indigent drivers alcohol 24,827
treatment fund, or a municipal indigent drivers alcohol treatment 24,828
fund, all portions of fees that are paid under division (L) of 24,829
this section and that are credited under that division to the 24,830
indigent drivers alcohol treatment fund in the state treasury for 24,831
a county indigent drivers alcohol treatment fund, a county 24,832
juvenile indigent drivers alcohol treatment fund, or a municipal 24,833
indigent drivers alcohol treatment fund, and all portions of 24,834
fines that are specified for deposit into a county or municipal 24,835
indigent drivers alcohol treatment fund by section 4511.193 of 24,836
the Revised Code shall be deposited into that county indigent 24,837
drivers alcohol treatment fund, county juvenile indigent drivers 24,838
alcohol treatment fund, or municipal indigent drivers alcohol 24,839
treatment fund in accordance with division (N)(2) of this 24,840
581
section. Additionally, all portions of fines that are paid for a 24,841
violation of section 4511.19 of the Revised Code or division 24,842
(B)(2) of section 4507.02 of the Revised Code, and that are 24,843
required under division (A)(1) or (2) of section 4511.99 or 24,844
division (B)(5) of section 4507.99 of the Revised Code to be 24,845
deposited into a county indigent drivers alcohol treatment fund 24,846
or municipal indigent drivers alcohol treatment fund shall be 24,847
deposited into the appropriate fund in accordance with the 24,848
applicable division. 24,849
(2) That portion of the license reinstatement fee that is 24,851
paid under division (L) of this section and that is credited 24,852
under that division to the indigent drivers alcohol treatment 24,853
fund shall be deposited into a county indigent drivers alcohol 24,854
treatment fund, a county juvenile indigent drivers alcohol 24,855
treatment fund, or a municipal indigent drivers alcohol treatment 24,856
fund as follows: 24,857
(a) If the suspension in question was imposed under this 24,859
section, that portion of the fee shall be deposited as follows: 24,860
(i) If the fee is paid by a person who was charged in a 24,862
county court with the violation that resulted in the suspension, 24,863
the portion shall be deposited into the county indigent drivers 24,864
alcohol treatment fund under the control of that court; 24,865
(ii) If the fee is paid by a person who was charged in a 24,867
juvenile court with the violation that resulted in the 24,868
suspension, the portion shall be deposited into the county 24,869
juvenile indigent drivers alcohol treatment fund established in 24,870
the county served by the court; 24,871
(iii) If the fee is paid by a person who was charged in a 24,873
municipal court with the violation that resulted in the 24,874
suspension, the portion shall be deposited into the municipal 24,875
indigent drivers alcohol treatment fund under the control of that 24,876
court. 24,877
(b) If the suspension in question was imposed under 24,879
division (B) of section 4507.16 of the Revised Code, that portion 24,880
582
of the fee shall be deposited as follows: 24,881
(i) If the fee is paid by a person whose license or permit 24,883
was suspended by a county court, the portion shall be deposited 24,884
into the county indigent drivers alcohol treatment fund under the 24,885
control of that court; 24,886
(ii) If the fee is paid by a person whose license or 24,888
permit was suspended by a municipal court, the portion shall be 24,889
deposited into the municipal indigent drivers alcohol treatment 24,890
fund under the control of that court. 24,891
(3) Expenditures from a county indigent drivers alcohol 24,893
treatment fund, a county juvenile indigent drivers alcohol 24,894
treatment fund, or a municipal indigent drivers alcohol treatment 24,895
fund shall be made only upon the order of a county, juvenile, or 24,896
municipal court judge and only for payment of the cost of the 24,897
attendance at an alcohol and drug addiction treatment program of 24,898
a person who is convicted of, or found to be a juvenile traffic 24,899
offender by reason of, a violation of division (A) of section 24,900
4511.19 of the Revised Code or a substantially similar municipal 24,901
ordinance, who is ordered by the court to attend the alcohol and 24,902
drug addiction treatment program, and who is determined by the 24,903
court to be unable to pay the cost of attendance at the treatment 24,905
program or for payment of the costs specified in division (N)(4) 24,906
of this section in accordance with that division. The alcohol 24,907
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 24,909
section 340.02 or 340.021 of the Revised Code and serving the 24,911
alcohol, drug addiction, and mental health service district in 24,912
which the court is located shall administer the indigent drivers 24,913
alcohol treatment program of the court. When a court orders an 24,914
offender or juvenile traffic offender to attend an alcohol and 24,915
drug addiction treatment program, the board shall determine which 24,916
program is suitable to meet the needs of the offender or juvenile 24,917
traffic offender, and when a suitable program is located and 24,918
space is available at the program, the offender or juvenile 24,919
583
traffic offender shall attend the program designated by the 24,920
board. A reasonable amount not to exceed five per cent of the 24,921
amounts credited to and deposited into the county indigent 24,922
drivers alcohol treatment fund, the county juvenile indigent 24,923
drivers alcohol treatment fund, or the municipal indigent drivers 24,924
alcohol treatment fund serving every court whose program is 24,925
administered by that board shall be paid to the board to cover 24,926
the costs it incurs in administering those indigent drivers 24,927
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 24,929
in consultation with the alcohol and drug addiction services 24,930
board or the board of alcohol, drug addiction, and mental health 24,931
services established pursuant to section 340.02 or 340.021 of the 24,932
Revised Code and serving the alcohol, drug addiction, and mental 24,934
health district in which the court is located, that the funds in 24,935
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 24,936
municipal indigent drivers alcohol treatment fund under the 24,937
control of the court are more than sufficient to satisfy the 24,938
purpose for which the fund was established, as specified in 24,939
divisions (N)(1) to (3) of this section, the court may declare a 24,940
surplus in the fund. If the court declares a surplus in the 24,941
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 24,942
who are charged in the court with committing a criminal offense 24,943
or with being a delinquent child or juvenile traffic offender and 24,944
in relation to whom both of the following apply: 24,945
(a) The court determines that substance abuse was a 24,947
contributing factor leading to the criminal or delinquent 24,948
activity or the juvenile traffic offense with which the person is 24,949
charged.
(b) The court determines that the person is unable to pay 24,952
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 24,953
584
Sec. 4511.83. (A) As used in this section: 24,962
(1) "Ignition interlock device" means a device that 24,964
connects a breath analyzer to a motor vehicle's ignition system, 24,965
that is constantly available to monitor the concentration by 24,966
weight of alcohol in the breath of any person attempting to start 24,967
that motor vehicle by using its ignition system, and that deters 24,968
starting the motor vehicle by use of its ignition system unless 24,969
the person attempting to so start the vehicle provides an 24,970
appropriate breath sample for the device and the device 24,971
determines that the concentration by weight of alcohol in the 24,972
person's breath is below a preset level. 24,973
(2) "Offender with restricted driving privileges" means an 24,975
offender who is subject to an order that was issued under 24,976
division (F) of section 4507.16 of the Revised Code as a 24,977
condition of the granting of occupational driving privileges or 24,978
an offender whose driving privilege is restricted as a condition 24,979
of probation pursuant to division (G) of section 2951.02 of the 24,981
Revised Code. 24,982
(B)(1) Except in cases of a substantial emergency when no 24,984
other person is reasonably available to drive in response to the 24,985
emergency, no person shall knowingly rent, lease, or lend a motor 24,986
vehicle to any offender with restricted driving privileges, 24,987
unless the vehicle is equipped with a functioning ignition 24,988
interlock device that is certified pursuant to division (D) of 24,989
this section. 24,990
(2) Any offender with restricted driving privileges who 24,992
rents, leases, or borrows a motor vehicle from another person 24,993
shall notify the person who rents, leases, or lends the motor 24,994
vehicle to the offender that the offender has restricted driving 24,996
privileges and of the nature of the restriction. 24,997
(3) Any offender with restricted driving privileges who is 24,999
required to operate a motor vehicle owned by the offender's 25,000
employer in the course and scope of the offender's employment may 25,002
operate that vehicle without the installation of an ignition 25,004
585
interlock device, provided that the employer has been notified 25,005
that the offender has restricted driving privileges and of the 25,006
nature of the restriction and provided further that the offender 25,007
has proof of the employer's notification in the offender's 25,008
possession while operating the employer's vehicle for normal 25,010
business duties. A motor vehicle owned by a business that is 25,011
partly or entirely owned or controlled by an offender with 25,012
restricted driving privileges is not a motor vehicle owned by an 25,013
employer, for purposes of this division. 25,014
(C) If a court, pursuant to division (F) of section 25,016
4507.16 of the Revised Code, imposes the use of an ignition 25,017
interlock device as a condition of the granting of occupational 25,018
driving privileges, the court shall require the offender to 25,019
provide proof of compliance to the court at least once quarterly 25,020
or more frequently as ordered by the court in its discretion. If 25,021
a court imposes the use of an ignition interlock device as a 25,022
condition of probation under division (I) of section 2951.02 of 25,023
the Revised Code, the court shall require the offender to provide 25,024
proof of compliance to the court or probation officer prior to 25,025
issuing any driving privilege or continuing the probation status. 25,026
In either case in which a court imposes the use of such a device, 25,027
the offender, at least once quarterly or more frequently as 25,028
ordered by the court in its discretion, shall have the device 25,029
inspected as ordered by the court for accurate operation and 25,030
shall provide the results of the inspection to the court or, if 25,031
applicable, to the offender's probation officer. 25,032
(D)(1) The director of public safety, upon consultation 25,034
with the director of health and in accordance with Chapter 119. 25,035
of the Revised Code, shall certify ignition interlock devices and 25,036
shall publish and make available to the courts, without charge, a 25,037
list of approved devices together with information about the 25,038
manufacturers of the devices and where they may be obtained. The 25,039
cost of obtaining the certification of an ignition interlock 25,040
device shall be paid by the manufacturer of the device to the 25,041
586
director of public safety and shall be deposited in the drivers' 25,042
STATEWIDE treatment and intervention PREVENTION fund established 25,044
by section 4511.191 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with 25,046
Chapter 119. of the Revised Code, shall adopt and publish rules 25,047
setting forth the requirements for obtaining the certification of 25,048
an ignition interlock device. No ignition interlock device shall 25,049
be certified by the director of public safety pursuant to 25,050
division (D)(1) of this section unless it meets the requirements 25,051
specified and published by the director in the rules adopted 25,052
pursuant to this division. The requirements shall include 25,053
provisions for setting a minimum and maximum calibration range 25,054
and shall include, but shall not be limited to, specifications 25,055
that the device complies with all of the following: 25,056
(a) It does not impede the safe operation of the vehicle. 25,058
(b) It has features that make circumvention difficult and 25,060
that do not interfere with the normal use of the vehicle. 25,061
(c) It correlates well with established measures of 25,063
alcohol impairment. 25,064
(d) It works accurately and reliably in an unsupervised 25,066
environment. 25,067
(e) It is resistant to tampering and shows evidence of 25,069
tampering if tampering is attempted. 25,070
(f) It is difficult to circumvent and requires 25,072
premeditation to do so. 25,073
(g) It minimizes inconvenience to a sober user. 25,075
(h) It requires a proper, deep-lung breath sample or other 25,077
accurate measure of the concentration by weight of alcohol in the 25,078
breath. 25,079
(i) It operates reliably over the range of automobile 25,081
environments. 25,082
(j) It is made by a manufacturer who is covered by product 25,084
liability insurance. 25,085
(3) The director of public safety may adopt, in whole or 25,087
587
in part, the guidelines, rules, regulations, studies, or 25,088
independent laboratory tests performed and relied upon by other 25,089
states, or their agencies or commissions, in the certification or 25,090
approval of ignition interlock devices. 25,091
(4) The director of public safety shall adopt rules in 25,093
accordance with Chapter 119. of the Revised Code for the design 25,094
of a warning label that shall be affixed to each ignition 25,095
interlock device upon installation. The label shall contain a 25,096
warning that any person tampering, circumventing, or otherwise 25,097
misusing the device is subject to a fine, imprisonment, or both 25,098
and may be subject to civil liability. 25,099
(E)(1) No offender with restricted driving privileges, 25,101
during any period that the offender is required to operate only a 25,103
motor vehicle equipped with an ignition interlock device, shall 25,104
request or permit any other person to breathe into the device or 25,105
start a motor vehicle equipped with the device, for the purpose 25,106
of providing the offender with an operable motor vehicle. 25,107
(2)(a) Except as provided in division (E)(2)(b) of this 25,109
section, no person shall breathe into an ignition interlock 25,110
device or start a motor vehicle equipped with an ignition 25,111
interlock device for the purpose of providing an operable motor 25,112
vehicle to an offender with restricted driving privileges. 25,113
(b) Division (E)(2)(a) of this section does not apply to 25,115
an offender with restricted driving privileges who breathes into 25,116
an ignition interlock device or starts a motor vehicle equipped 25,117
with an ignition interlock device for the purpose of providing 25,118
himself or herself THE OFFENDER with an operable motor vehicle. 25,119
(3) No unauthorized person shall tamper with or circumvent 25,121
the operation of an ignition interlock device. 25,122
Sec. 4701.03. (A) The accountancy board annually shall 25,131
elect a president, secretary, and treasurer from its members. The 25,133
board may adopt and amend rules for the orderly conduct of its 25,134
affairs and for the administration of this chapter. The board 25,135
may adopt and amend rules defining the practice of public
588
accounting, rules of professional conduct appropriate to 25,136
establish and maintain a high standard of integrity and dignity 25,137
in registrants and certificate holders under this chapter, and 25,139
rules regulating the sole proprietorship, partnership, limited 25,140
liability company, professional association, 25,141
corporation-for-profit, or other legal entity practice of public 25,142
accounting. A majority of the board shall constitute a quorum 25,143
for the transaction of business.
(B) The board shall keep and hold open for public 25,145
inspection all records of its proceedings. 25,146
(C) The board may employ any clerks that are necessary to 25,148
assist it in the performance of its duties and the keeping of its 25,149
records. IF THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR, THE 25,150
EXECUTIVE DIRECTOR SHALL BE PAID IN ACCORDANCE WITH PAY RANGE 18 25,151
OF SALARY SCHEDULE E-1 LISTED IN SECTION 124.152 OF THE REVISED 25,152
CODE.
Sec. 4703.36. (A) The state board of landscape architect 25,161
examiners shall register as a landscape architect each applicant 25,162
who demonstrates to the satisfaction of the board that the 25,163
applicant has met all requirements of section 4703.34 of the 25,164
Revised Code, or in lieu thereof, has complied with the 25,165
provisions of section 4703.341 or 4703.35 of the Revised Code. 25,166
The certificate issued to each individual shall be prima-facie 25,167
evidence of the right of the individual to whom it is issued to 25,168
represent himself or herself SELF as a landscape architect and to 25,170
enter the practice of landscape architecture, subject to sections 25,171
4703.30 to 4703.49 of the Revised Code. 25,172
(B) Each certificate of qualification issued and 25,174
registered shall authorize the holder to practice landscape 25,175
architecture as a landscape architect in this state from the date 25,176
of issuance until the last day of October next succeeding the 25,177
date upon which the certificate was issued OF EACH ODD-NUMBERED 25,178
CALENDAR YEAR, unless revoked or suspended for cause as provided 25,180
in section 4703.42 of the Revised Code THIS CHAPTER or suspended 25,181
589
pursuant to section 2301.373 of the Revised Code. LICENSE 25,182
RENEWAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE STANDARD 25,183
LICENSE RENEWAL PROCEDURE IN CHAPTER 4745. OF THE REVISED CODE.
EACH RENEWAL SHALL BE RECORDED IN THE OFFICIAL REGISTER OF THE 25,184
BOARD.
(C) Each person registered by the board shall secure a 25,186
seal of the design prescribed by the board. All plans, 25,187
specifications, drawings, and other documents prepared by, or 25,188
under the direct supervision of, the landscape architect shall be 25,189
imprinted with such seal, in accordance with the requirements of 25,190
the board. 25,191
(D) Each certificate of authorization issued under 25,193
division (F) of section 4703.331 of the Revised Code shall 25,194
authorize the holder to provide landscape architectural services, 25,195
through the landscape architect designated as being in 25,196
responsible charge of the landscape architectural activities and 25,197
decisions, from the date of issuance until the last day of June 25,198
next succeeding the date upon which the certificate was issued 25,199
unless the certificate has been suspended or revoked for cause as 25,200
provided in section 4703.42 of the Revised Code. 25,201
Sec. 4703.37. (A) The state board of landscape architect 25,210
examiners shall establish an application fee for taking or 25,211
retaking the examination described in division (C) of section 25,212
4703.34 of the Revised Code at an amount adequate to cover all 25,213
rentals, compensation for proctors, and other expenses of the 25,214
board related to the examination except the expenses of procuring 25,215
and grading the examination OBTAINING REGISTRATION UNDER SECTION 25,216
4703.34 OF THE REVISED CODE AND A FEE FOR OBTAINING REGISTRATION 25,219
UNDER SECTION 4703.35 OF THE REVISED CODE. 25,220
(B) The board shall establish an examination fee for 25,221
taking the examination described in division (C) of section 25,222
4703.34 of the Revised Code at an amount adequate to cover the 25,223
expenses of procuring and grading the examination THE FEE TO 25,225
RESTORE AN EXPIRED CERTIFICATE OF QUALIFICATION IS THE RENEWAL 25,226
590
FEE FOR THE CURRENT CERTIFICATION PERIOD, PLUS THE RENEWAL FEE
FOR EACH PREVIOUS RENEWAL PERIOD IN WHICH THE CERTIFICATE WAS NOT 25,228
RENEWED, PLUS A PENALTY OF TWENTY-FIVE PER CENT OF THE TOTAL 25,229
RENEWAL FEES FOR EACH RENEWAL PERIOD OR PART THEREOF IN WHICH THE 25,230
CERTIFICATE WAS NOT RENEWED, ON THE CONDITION THAT THE MAXIMUM 25,231
FEE SHALL NOT EXCEED AN AMOUNT ESTABLISHED BY THE BOARD.
(C) The board ALSO shall establish reexamination THE 25,233
FOLLOWING fees for: 25,234
(1) THE FEE FOR TAKING OR retaking parts of the 25,237
examination described in division (C) of section 4703.34 of the 25,238
Revised Code at amounts AN AMOUNT adequate to cover the expenses 25,240
of procuring and grading such parts THE EXAMINATION PLUS A FEE 25,241
FOR RETAKING ALL OR PARTS OF THE REQUIRED EXAMINATION. 25,242
(D) The board shall establish the (2) THE fee to be paid 25,245
by an applicant for a certificate of qualification or duplicate 25,246
thereof, as issued to a landscape architect registered under 25,247
sections 4703.33 to 4703.38 of the Revised Code. 25,248
(E) The board shall establish the fee to be paid by an 25,250
applicant for registration under section 4703.35 of the Revised 25,251
Code. 25,252
(F) The board shall establish a (3) THE FEE FOR THE 25,255
BIENNIAL RENEWAL OF THE CERTIFICATE OF QUALIFICATION AND THE FEE 25,256
FOR A DUPLICATE RENEWAL CARD.
(4) THE fee to be charged an examinee for administering an 25,259
examination to him THE EXAMINEE on behalf of another 25,261
jurisdiction.
(G) The board shall establish the (5) THE fee for a 25,264
certificate of authorization issued under division (F) of section 25,265
4703.331 of the Revised Code and, the fee for annual renewal of a 25,266
certificate of authorization. The board shall establish, AND the 25,268
fee for a duplicate certificate of authorization. 25,270
(H) The board shall establish the fee for the annual 25,272
renewal of the certificate of qualification and the fee for a 25,273
duplicate renewal card. 25,274
591
(I) The fee to restore an expired certificate of 25,276
qualification shall be the renewal fee for the current year, plus 25,277
the renewal fee for each year in which the certificate was not 25,278
renewed, plus a penalty of ten per cent for each delinquent year 25,279
or part thereof; provided, however, the maximum fee shall not 25,280
exceed the combined fees and penalties for the current year and 25,281
the four previous years. 25,282
Sec. 4712.01. As used in sections 4712.01 to 4712.14 of 25,291
the Revised Code: 25,292
(A) "Buyer" means an individual who is solicited to 25,294
purchase or who purchases the services of a credit services 25,295
organization for purposes other than obtaining a business loan as 25,296
described in division (B)(6) of section 1343.01 of the Revised 25,297
Code. 25,298
(B) "Consumer reporting agency" has the same meaning as in 25,300
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 25,301
1681a, as amended. 25,302
(C)(1) "Credit services organization" means any person 25,304
that charges or receives, directly from the buyer, money or other 25,305
valuable consideration readily convertible into money, and that 25,306
sells, provides, or performs, or represents that the person can 25,307
or will sell, provide, or perform, any of the following services: 25,308
(a) Improving a buyer's credit record, history, or rating; 25,310
(b) Obtaining an extension of credit for a buyer; 25,312
(c) Providing advice or assistance to a buyer in 25,314
connection with division (C)(1)(a) or (b) of this section; 25,315
(d) Removing adverse credit information that is accurate 25,317
and not obsolete from the buyer's credit record, history, or 25,318
rating; 25,319
(e) Altering the buyer's identification to prevent the 25,321
display of the buyer's credit record, history, or rating. 25,322
(2) "Credit services organization" does not include any of 25,324
the following: 25,325
(a) A person that makes or collects loans, to the extent 25,327
592
these activities are subject to licensure or registration by this 25,328
state; 25,329
(b) A mortgage broker, as defined in division (E) of 25,331
section 1322.01 of the Revised Code, that holds a valid 25,332
certificate of registration under sections 1322.01 to 1322.12 of 25,333
the Revised Code; 25,334
(c) A lender approved by the United States secretary of 25,336
housing and urban development for participation in a mortgage 25,337
insurance program under the "National Housing Act," 48 Stat. 1246 25,338
(1934), 12 U.S.C.A. 1701, as amended; 25,339
(d) A bank, savings bank, or savings and loan association, 25,341
or a subsidiary or an affiliate of a bank, savings bank, or 25,342
savings and loan association. For purposes of division (C)(2)(d) 25,343
of this section, "affiliate" has the same meaning as in division 25,344
(A) of section 1101.01 of the Revised Code and "bank," as used in 25,345
division (A) of section 1101.01 of the Revised Code, is deemed to 25,346
include a savings bank or savings and loan association. 25,347
(e) A credit union organized and qualified under Chapter 25,349
1733. of the Revised Code or the "Federal Credit Union Act," 84 25,350
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended; 25,351
(f) A budget and debt counseling service, as defined in 25,354
division (D) of section 2716.03 of the Revised Code, provided 25,355
that the service is a nonprofit organization exempt from taxation 25,356
under section 501(c)(3) of the "Internal Revenue Code of 1986," 25,357
100 Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service 25,358
is in compliance with Chapter 4710. of the Revised Code; 25,359
(g) A consumer reporting agency that is in substantial 25,361
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 25,362
15 U.S.C.A. 1681a, as amended. 25,363
(h) A mortgage banker; 25,365
(i) Any political subdivision, or any governmental or 25,367
other public entity, corporation, or agency, in or of the United 25,368
States or any state of the United States; 25,369
(j) A college or university, or controlled entity of a 25,371
593
college or university, as defined in section 1713.05 of the 25,372
Revised Code; 25,373
(k) A MOTOR VEHICLE DEALER LICENSED PURSUANT TO CHAPTER 25,375
4517. OF THE REVISED CODE OR A MOTOR VEHICLE AUCTION OWNER 25,376
LICENSED PURSUANT TO CHAPTERS 4517. AND 4707. OF THE REVISED 25,377
CODE.
(D) "Extension of credit" means the right to defer payment 25,379
of debt, or to incur debt and defer its payment, offered or 25,380
granted primarily for personal, family, or household purposes. 25,381
"Extension of credit" does not include a mortgage. 25,382
(E) "Mortgage" means any indebtedness secured by a deed of 25,384
trust, security deed, or other lien on real property. 25,385
(F) "Mortgage banker" means any person that makes, 25,387
services, or buys and sells mortgage loans and is approved by the 25,388
United States department of housing and urban development, the 25,389
United States department of veterans affairs, the federal 25,390
national mortgage association, or the federal home loan mortgage 25,391
corporation. 25,392
(G) "Superintendent of financial institutions" includes 25,394
the deputy superintendent for consumer finance as provided in 25,395
section 1181.21 of the Revised Code. 25,396
Sec. 4713.10. The state board of cosmetology shall charge 25,405
and collect the following fees: 25,406
(A) For application to take the examination for a license 25,408
to practice cosmetology, or any branch thereof, twenty-one 25,409
dollars; 25,410
(B) For the re-examination of any applicant who has 25,412
previously failed to pass the examination, fourteen dollars; 25,413
(C) For the issuance or renewal of a cosmetology, 25,415
manicurist, or esthetics instructor's license, twenty-five THIRTY 25,417
dollars; 25,418
(D) For the issuance or renewal of a managing 25,420
cosmetologist's, managing manicurist's, or managing esthetician's 25,421
license, twenty THIRTY dollars; 25,422
594
(E) For the issuance or renewal of a cosmetology school 25,424
license, two hundred fifty dollars; 25,425
(F) For the inspection and issuance of a new beauty salon, 25,427
nail salon, or esthetics salon or the change of name or ownership 25,428
of a beauty salon, nail salon, or esthetics salon license, fifty 25,429
SIXTY dollars; 25,431
(G) For the renewal of a beauty salon, nail salon, or 25,433
esthetics salon license, forty FIFTY dollars; 25,434
(H) For the issuance or renewal of a cosmetologist's, 25,436
manicurist's, or esthetician's license, twenty THIRTY dollars; 25,437
(I) For the restoration of any lapsed license which may be 25,439
restored pursuant to section 4713.11 of the Revised Code, and in 25,440
addition to the payments required by that section, twenty THIRTY 25,441
dollars; 25,442
(J) For the issuance of a license under section 4713.09 of 25,444
the Revised Code, fifty SIXTY dollars; 25,445
(K) For the issuance of a duplicate of any license, ten 25,447
FIFTEEN dollars; 25,448
(L) For the preparation and mailing of a licensee's 25,450
records to another state for a reciprocity license, fifty 25,451
dollars; 25,452
(M) For the processing of any fees related to a check from 25,454
a licensee returned to the board for insufficient funds, an 25,455
additional twenty dollars.
Each applicant shall, in addition to the fees specified, 25,457
furnish his THE APPLICANT'S own models. 25,458
Sec. 4713.17. The state board of cosmetology, pursuant to 25,467
an adjudicatory hearing under (A) IN ACCORDANCE WITH Chapter 25,469
119. of the Revised Code, THE STATE BOARD OF COSMETOLOGY may 25,470
impose one or more of the following sanctions: deny, revoke, or 25,471
suspend a license or permit issued by the board or impose a fine 25,472
of not more than one hundred dollars per violation. The
sanctions may be imposed for any of the following: 25,473
(A)(1) Failure of a person operating a nail salon, beauty 25,475
595
salon, esthetics salon, tanning facility, or school of 25,476
cosmetology to comply with the requirements of sections 4713.01 25,477
to 4713.25 of the Revised Code; 25,478
(B)(2) Failure to comply with the sanitary rules adopted 25,480
by the board or by the department of health for the regulation of 25,481
nail salons, beauty salons, esthetics salons, schools of 25,482
cosmetology, or the practice of cosmetology; 25,483
(C)(3) Failure of a person operating a beauty salon or 25,485
nail salon where massage services are provided under section 25,486
4713.14 of the Revised Code to ensure that the person providing 25,487
the massage services complies with the sanitary rules adopted by 25,488
the board or by the department of health for the regulation of 25,489
salons; 25,490
(D)(4) Continued practice by a person knowingly having an 25,492
infectious or contagious disease; 25,493
(E)(5) Habitual drunkenness or addiction to any 25,495
habit-forming drug; 25,496
(F)(6) Willful false and fraudulent or deceptive 25,498
advertising;
(G)(7) Falsification of any record or application required 25,500
to be filed with the board; 25,501
(8) FAILURE TO PAY A FINE OR ABIDE BY A SUSPENSION ORDER 25,503
ISSUED BY THE BOARD. 25,504
A person who is alleged to have violated a provision of 25,506
this chapter for which the board proposes to impose a fine may 25,507
pay the board the amount of the fine and waive his right to an 25,509
adjudicatory hearing under Chapter 119. of the Revised Code.
(B) IF A PERSON FAILS TO REQUEST A HEARING WITHIN THIRTY 25,511
DAYS OF THE DATE THE BOARD, IN ACCORDANCE WITH SECTION 119.07 OF 25,512
THE REVISED CODE, NOTIFIES THE PERSON OF THE BOARD'S INTENT TO 25,514
ACT AGAINST THE PERSON UNDER DIVISION (A) OF THIS SECTION, THE 25,515
BOARD BY A MAJORITY VOTE OF A QUORUM OF THE BOARD MEMBERS MAY 25,516
TAKE THE ACTION AGAINST THE PERSON WITHOUT HOLDING AN
ADJUDICATION HEARING. 25,517
596
Sec. 4717.03. (A) Members of the board of embalmers and 25,527
funeral directors shall annually in July, or within thirty days 25,528
after the senate's confirmation of the new members appointed in 25,529
that year, meet and organize by selecting from among its members 25,530
a president, vice-president, and secretary-treasurer. The board 25,531
may hold other meetings as it determines necessary. A quorum of 25,532
the board consists of four members, of whom at least three shall 25,533
be members who are embalmers and funeral directors. The 25,534
concurrence of at least four members is necessary for the board 25,535
to take any action. The president and secretary-treasurer shall 25,536
sign all licenses issued under this chapter and affix the board's 25,537
seal to each license. 25,538
(B) The board may appoint an individual who is not a 25,541
member of the board to serve as executive director of the board. 25,542
The executive director serves at the pleasure of the board and 25,543
shall do all of the following:
(1) Serve as the board's chief administrative officer; 25,545
(2) Act as custodian of the board's records; 25,547
(3) Execute all of the board's orders. 25,549
In executing the board's orders, the executive director may 25,552
enter the premises, establishment, office, or place of business 25,553
of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and 25,554
execute any process issued by any court under this chapter. 25,555
(C) The board may employ clerical or technical staff who 25,558
are not members of the board and who serve at the pleasure of the 25,559
board to provide any clerical or technical assistance the board 25,560
considers necessary. The board may employ necessary inspectors, 25,561
who shall be licensed embalmers and funeral directors. Any 25,562
inspector employed by the board may enter the premises, 25,563
establishment, office, or place of business of any embalmer, 25,564
funeral director, or operator of a crematory facility in this
state, for the purposes of inspecting the facility and premises; 25,565
the license and registration of embalmers and funeral directors 25,566
597
operating in the facility; and the license of the funeral home, 25,568
embalming facility, or crematory. The inspector shall serve and 25,569
execute any process issued by any court under this chapter, serve 25,570
and execute any papers or process issued by the board or any 25,571
officer or member of the board, and perform any other duties 25,572
delegated by the board.
(D) The president of the board shall designate three of 25,575
its members to serve on the crematory review board, which is 25,576
hereby created, for such time as the president finds appropriate
to carry out the provisions of this chapter. Those members of 25,577
the crematory review board designated by the president to serve 25,578
and three members designated by the cemetery dispute resolution 25,580
commission shall designate, by a majority vote, one person who is 25,581
experienced in the operation of a crematory facility and who is
not affiliated with a cemetery or a funeral home to serve on the 25,582
crematory review board for such time as the crematory review 25,583
board finds appropriate. Members serving on the crematory review 25,584
board shall not receive any additional compensation for serving 25,585
on the board, but may be reimbursed for their actual and 25,586
necessary expenses incurred in the performance of official duties
as members of the board. Members of the crematory review board 25,587
shall designate one from among its members to serve as a 25,588
chairperson for such time as the board finds appropriate. Costs 25,589
associated with conducting an adjudicatory hearing in accordance 25,590
with division (E) of this section shall be paid from funds 25,591
available to the board of embalmers and funeral directors. 25,592
(E) Upon receiving written notice from the board of 25,595
embalmers and funeral directors of any of the following, the 25,596
crematory review board shall conduct an adjudicatory hearing on 25,597
the matter in accordance with Chapter 119. of the Revised Code, 25,598
except as otherwise provided in this section or division (C) of 25,600
section 4717.14 of the Revised Code: 25,601
(1) Notice provided under division (H) of this section of 25,603
an alleged violation of any provision of this chapter or any 25,604
598
rules adopted under this chapter, or section 1107.33 1111.19 of 25,606
the Revised Code, governing or in connection with crematory 25,610
facilities or cremation;
(2) Notice provided under division (B) of section 4717.14 25,613
of the Revised Code that the board of embalmers and funeral 25,614
directors proposes to refuse to grant or renew, or to suspend or 25,616
revoke, a license to operate a crematory facility; 25,617
(3) Notice provided under division (C) of section 4717.14 25,619
of the Revised Code that the board of embalmers and funeral 25,620
directors has issued an order summarily suspending a license to 25,621
operate a crematory facility; 25,622
(4) Notice provided under division (B) of section 4717.15 25,624
of the Revised Code that the board of embalmers and funeral 25,625
directors proposes to issue a notice of violation and order 25,626
requiring payment of a forfeiture for any violation described in 25,627
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised Code 25,630
alleged in connection with a crematory facility or cremation. 25,631
Nothing in division (E) of this section precludes the 25,633
crematory review board from appointing an independent examiner in 25,634
accordance with section 119.09 of the Revised Code to conduct any 25,635
adjudication hearing required under division (E) of this section. 25,636
The crematory review board shall submit a written report of 25,639
findings and advisory recommendations, and a written transcript 25,640
of its proceedings, to the board of embalmers and funeral 25,641
directors. The board of embalmers and funeral directors shall 25,642
serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to the 25,644
adjudication or the party's attorney, by certified mail, within 25,645
five days after receiving the report and advisory
recommendations. A party may file objections to the written 25,646
report with the board of embalmers and funeral directors within 25,647
ten days after receiving the report. No written report is final 25,649
or appealable until it is issued as a final order by the board of 25,650
embalmers and funeral directors and entered on the record of the 25,651
599
proceedings. The board of embalmers and funeral directors shall 25,652
consider objections filed by the party prior to issuing a final 25,653
order. After reviewing the findings and advisory recommendations 25,654
of the crematory review board, the written transcript of the 25,655
crematory review board's proceedings, and any objections filed by 25,656
a party, the board of embalmers and funeral directors shall issue 25,657
a final order in the matter. Any party may appeal the final 25,658
order issued by the board of embalmers and funeral directors in a 25,659
matter described in divisions (E)(1) to (4) of this section in 25,661
accordance with section 119.12 of the Revised Code, except that 25,662
the appeal may be made to the court of common pleas in the county 25,663
in which is located the crematory facility to which the final 25,664
order pertains, or in the county in which the party resides. 25,665
(F) On its own initiative or on receiving a written 25,668
complaint from any person whose identity is made known to the 25,669
board of embalmers and funeral directors, the board shall
investigate the acts or practices of any person holding or 25,671
claiming to hold a license or registration under this chapter 25,672
that, if proven to have occurred, would violate this chapter or 25,673
any rules adopted under it, or section 1107.33 1111.19 of the 25,674
Revised Code. The board may compel witnesses by subpoena to 25,676
appear and testify in relation to investigations conducted under 25,677
this chapter and may require by subpoena duces tecum the 25,678
production of any book, paper, or document pertaining to an 25,679
investigation. If a person does not comply with a subpoena or 25,680
subpoena duces tecum, the board may apply to the court of common 25,681
pleas of any county in this state for an order compelling the 25,682
person to comply with the subpoena or subpoena duces tecum, or 25,683
for failure to do so, to be held in contempt of court. 25,684
(G) If, as a result of its investigation conducted under 25,686
division (F) of this section, the board of embalmers and funeral 25,687
directors has reasonable cause to believe that the person 25,688
investigated is violating any provision of this chapter or any 25,689
rules adopted under this chapter, or section 1107.33 1111.19 of 25,691
600
the Revised Code, governing or in connection with embalming, 25,693
funeral directing, funeral homes, embalming facilities, or the 25,694
operation of funeral homes or embalming facilities, it may, after 25,695
providing the opportunity for an adjudicatory hearing, issue an
order directing the person to cease the acts or practices that 25,697
constitute the violation. The board shall conduct the 25,698
adjudicatory hearing in accordance with Chapter 119. of the 25,699
Revised Code except that, notwithstanding the provisions of that 25,700
chapter, the following shall apply: 25,701
(1) The board shall send the notice informing the person 25,704
of the person's right to a hearing by certified mail.
(2) The person is entitled to a hearing only if the person 25,706
requests a hearing and if the board receives the request within 25,707
thirty days after the mailing of the notice described in division 25,709
(G)(1) of this section.
(3) A stenographic record shall be taken, in the manner 25,711
prescribed in section 119.09 of the Revised Code, at every 25,713
adjudicatory hearing held under this section, regardless of 25,714
whether the record may be the basis of an appeal to a court.
(H) If, as a result of its investigation conducted under 25,717
division (F) of this section, the board of embalmers and funeral 25,718
directors has reasonable cause to believe that the person 25,719
investigated is violating any provision of this chapter or any 25,720
rules adopted under this chapter, or section 1107.33 1111.19 of 25,721
the Revised Code, governing or in connection with crematory 25,723
facilities or cremation, the board shall send written notice of 25,724
the alleged violation to the crematory review board. If, after 25,725
the conclusion of the adjudicatory hearing in the matter 25,726
conducted under division (E) of this section, the board of 25,728
embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted 25,729
under this chapter, or section 1107.33 1111.19 of the Revised 25,731
Code, governing or in connection with crematory facilities or 25,732
cremation, the board may issue a final order under that division 25,733
601
directing the person to cease the acts or practices that 25,734
constitute the violation. 25,735
(I) The board of embalmers and funeral directors may bring 25,737
a civil action to enjoin any violation or threatened violation of 25,738
section 1107.33 1111.19; sections 4717.01 to 4717.15 of the 25,739
Revised Code or a rule adopted under any of those sections; 25,741
division (A) or (B) of section 4717.23; division (B)(1) or (2), 25,743
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to 25,744
(K) of section 4717.26; division (D)(1) of section 4717.27; or 25,745
divisions (A) to (C) of section 4717.28 of the Revised Code. The 25,747
action shall be brought in the county where the violation 25,748
occurred or the threatened violation is expected to occur. At 25,749
the request of the board, the attorney general shall represent 25,750
the board in any matter arising under this chapter. 25,751
(J) The board of embalmers and funeral directors and the 25,753
crematory review board may issue subpoenas for funeral directors 25,755
and embalmers or persons holding themselves out as such, for 25,756
operators of crematory facilities or persons holding themselves
out as such, or for any other person whose testimony, in the 25,757
opinion of either board, is necessary. The subpoena shall 25,758
require the person to appear before the appropriate board or any 25,759
designated member of either board, upon any hearing conducted 25,760
under this chapter. The penalty for disobedience to the command 25,761
of such a subpoena is the same as for refusal to answer such a 25,762
process issued under authority of the court of common pleas. 25,763
(K) All moneys received by the board of embalmers and 25,765
funeral directors from any source shall be deposited in the state 25,766
treasury to the credit of the occupational licensing and 25,767
regulatory fund created in section 4743.05 of the Revised Code. 25,768
(L) The board of embalmers and funeral directors shall 25,770
submit a written report to the governor on or before the first 25,771
Monday of July of each year. This report shall contain a 25,772
detailed statement of the nature and amount of the board's 25,773
receipts and the amount and manner of its expenditures. 25,774
602
Sec. 4717.05. (A) Any person who desires to be licensed 25,784
as an embalmer shall apply to the board of embalmers and funeral 25,785
directors on a form provided by the board. The applicant shall 25,786
include with the application an initial license fee as set forth 25,787
in section 4717.07 of the Revised Code and evidence, verified by 25,788
oath and satisfactory to the board, that the applicant meets all 25,789
of the following requirements:
(1) The applicant is at least eighteen years of age and of 25,791
good moral character. 25,792
(2) If the applicant has pleaded guilty to, has been found 25,794
by a judge or jury to be guilty of, or has had a judicial finding 25,795
of eligibility for treatment in lieu of conviction entered 25,796
against the applicant in this state for aggravated murder, 25,797
murder, voluntary manslaughter, felonious assault, kidnapping, 25,798
rape, sexual battery, gross sexual imposition, aggravated arson, 25,799
aggravated robbery, or aggravated burglary, or has pleaded guilty 25,800
to, has been found by a judge or jury to be guilty of, or has had 25,802
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction 25,803
for a substantially equivalent offense, at least five years has 25,804
elapsed since the applicant was released from incarceration, 25,805
probation, parole, or treatment in connection with the offense. 25,806
(3) The applicant holds at least a bachelor's degree or 25,808
its equivalent from a college or university authorized to confer 25,809
degrees by the Ohio board of regents or the comparable legal 25,811
agency of another state in which the college or university is 25,812
located and submits an official transcript from that college or
university with the application. 25,813
(4) The applicant has satisfactorily completed at least 25,816
twelve months of instruction in a prescribed course in mortuary 25,817
science as approved by the board, and has presented to the board 25,818
a certificate showing successful completion of the course. The 25,819
course of mortuary science college training may be completed
either before or after the completion of the educational standard 25,820
603
set forth in division (A)(3) of this section. 25,821
(5) The applicant has registered with the board prior to 25,823
beginning an embalmer apprenticeship. 25,824
(6) The applicant has satisfactorily completed at least 25,826
one year of apprenticeship under an embalmer licensed in this 25,827
state and has assisted that person in embalming at least 25,828
twenty-five dead human bodies. 25,829
(7) The applicant, upon meeting the educational standards 25,832
provided for in divisions (A)(3) and (4) of this section and 25,833
completing the apprenticeship required in division (A)(6) of this 25,834
section, has completed the examination for an embalmer's license 25,835
required by the board.
(B) Upon receiving satisfactory evidence verified by oath 25,838
that the applicant meets all the requirements of division (A) of 25,839
this section, the board shall issue the applicant an embalmer's 25,840
license.
(C) Any person who desires to be licensed as a funeral 25,843
director shall apply to the board on a form provided by the 25,844
board. The application shall include an initial license fee as 25,845
set forth in section 4717.07 of the Revised Code and evidence, 25,846
verified by oath and satisfactory to the board, that the 25,847
applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this 25,850
section, the applicant has satisfactorily met all the
requirements for an embalmer's license as described in divisions 25,851
(A)(1) to (4) of this section. 25,852
(2) The applicant has registered with the board prior to 25,854
beginning a funeral director apprenticeship. 25,855
(3) The applicant, following mortuary science college 25,857
training described in division (A)(4) of this section, has served 25,858
a one-year apprenticeship under a licensed funeral director in 25,859
this state and has assisted that person in directing at least 25,860
twenty-five funerals. 25,861
(4) The applicant has satisfactorily completed the 25,863
604
examination for a funeral director's license as required by the 25,864
board.
(D) In lieu of mortuary science college training required 25,867
for a funeral director's license under division (C)(1) of this 25,868
section, the applicant may substitute a two-year apprenticeship 25,869
under a licensed funeral director in this state assisting that 25,870
person in directing at least fifty funerals. 25,871
(E) Upon receiving satisfactory evidence that the 25,874
applicant meets all the requirements of division (C) of this 25,875
section, the board shall issue TO the applicant a funeral
director's license. 25,876
Sec. 4717.07. (A) The board of embalmers and funeral 25,886
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral 25,888
director's license, five dollars; 25,889
(2) For the issuance of an embalmer or funeral director 25,891
registration, twenty-five dollars; 25,892
(3) For filing an embalmer or funeral director certificate 25,894
of apprenticeship, ten dollars; 25,895
(4) For the application to take the examination for a 25,897
license to practice as an embalmer or funeral director, or to 25,898
retake a section of the examination, thirty-five dollars; 25,899
(5) For the renewal of an embalmer's or funeral director's 25,902
license, thirty FIFTY dollars;
(6) For the issuance and renewal of a license to operate a 25,905
funeral home, one hundred twenty-five dollars;
(7) For the reinstatement of a lapsed embalmer's or 25,907
funeral director's license, the renewal fee prescribed in 25,908
division (A)(5) of this section plus fifty dollars for each month 25,909
or portion of a month the license is lapsed until reinstatement; 25,910
(8) For the reinstatement of a lapsed license to operate a 25,913
funeral home, the renewal fee prescribed in division (A)(6) of 25,914
this section plus fifty dollars for each month or portion of a
month the license is lapsed until reinstatement; 25,915
605
(9) For the issuance and renewal of a license to operate 25,918
an embalming facility, one hundred dollars;
(10) For the reinstatement of a lapsed license to operate 25,921
an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or 25,922
portion of a month the license is lapsed until reinstatement; 25,923
(11) For the issuance and renewal of a license to operate 25,926
a crematory facility, one hundred dollars;
(12) For the reinstatement of a lapsed license to operate 25,929
a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or 25,930
portion of a month the license is lapsed until reinstatement; 25,931
(13) For the issuance of a duplicate of a license issued 25,933
under this chapter, four dollars. 25,934
(B) In addition to the fees set forth in division (A) of 25,937
this section, an applicant shall pay the examination fee assessed 25,938
by any examining agency the board uses for any section of an 25,939
examination required under this chapter.
(C) Subject to the approval of the controlling board, the 25,942
board of embalmers and funeral directors may establish fees in 25,943
excess of the amounts set forth in this section, provided that 25,944
these fees do not exceed the amounts set forth in this section by 25,945
more than fifty per cent.
Sec. 4717.13. (A) No person shall do any of the 25,955
following:
(1) Engage in the business or profession of funeral 25,957
directing unless the person is licensed as a funeral director 25,958
under this chapter, is certified as an apprentice funeral 25,959
director in accordance with rules adopted under section 4717.04 25,960
of the Revised Code and is assisting a funeral director licensed 25,962
under this chapter, or is a student in a college of mortuary
sciences approved by the board and is under the direct 25,963
supervision of a funeral director licensed by the board; 25,964
(2) Engage in embalming unless the person is licensed as 25,966
606
an embalmer under this chapter, is certified as an apprentice 25,967
embalmer in accordance with rules adopted under section 4717.04 25,968
of the Revised Code and is assisting an embalmer licensed under 25,969
this chapter, or is a student in a college of mortuary science 25,971
approved by the board and is under the direct supervision of an 25,972
embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the 25,975
impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this 25,976
chapter and is employed by or under contract to a licensed 25,977
funeral home and performs funeral directing services for that 25,978
funeral home in a manner consistent with the advertisement, 25,979
offering, or conveyance; 25,980
(4) Advertise or otherwise offer to provide or convey the 25,983
impression that the person provides embalming services unless the 25,984
person is licensed as an embalmer under this chapter and is
employed by or under contract to a licensed funeral home or a 25,985
licensed embalming facility and performs embalming services for 25,986
the funeral home or embalming facility in a manner consistent 25,987
with the advertisement, offering, or conveyance; 25,988
(5) Operate a funeral home without a license to operate 25,990
the funeral home issued by the board under this chapter; 25,991
(6) Practice the business or profession of funeral 25,993
directing from any place except from a funeral home that a person 25,994
is licensed to operate under this chapter; 25,995
(7) Practice embalming from any place except from a 25,997
funeral home or embalming facility that a person is licensed to 25,998
operate under this chapter; 25,999
(8) Operate a crematory or perform cremation without a 26,002
license to operate the crematory issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead 26,004
human bodies or body parts are cremated or cremate dead human 26,005
bodies or human body parts in a cremation chamber in which 26,006
animals are cremated.
607
(B) No funeral director or other person in charge of the 26,009
final disposition of a dead human body shall fail to do one of 26,011
the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag 26,013
encased in a durable and long-lasting material that contains the 26,014
name, date of birth, date of death, and social security number of 26,016
the deceased;
(2) Place in the casket a capsule containing a tag bearing 26,018
the information described in division (B)(1) of this section; 26,020
(3) If the body was cremated, place in the vessel 26,022
containing the cremated remains a tag bearing the information 26,023
described in division (B)(1) of this section. 26,025
(C) No person who holds a funeral home license for a 26,028
funeral home that is closed, or that is owned by a funeral 26,029
business in which changes in the ownership of the funeral 26,030
business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in 26,031
combination with others did not own a majority of the funeral 26,032
business immediately prior to the change in ownership, shall fail 26,033
to submit to the board within thirty days after the closing or 26,034
such a change in ownership of the funeral business owning the 26,035
funeral home, a clearly enumerated account of all of the 26,038
following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection 26,039
with the funeral home, was to receive payment for providing 26,040
funeral services, funeral goods, or any combination of those in 26,041
connection with the funeral or final disposition of a dead human 26,042
body: 26,043
(1) Preneed funeral contracts governed by section 1107.33 26,045
1111.19 of the Revised Code; 26,048
(2) Life insurance policies the benefits of which are 26,050
payable to the provider of funeral or burial goods or services; 26,051
(3) Accounts at banks or savings banks insured by the 26,053
federal deposit insurance corporation, savings and loan 26,054
608
associations insured by the federal savings and loan insurance 26,055
corporation or the Ohio deposit guarantee fund, or credit unions 26,057
insured by the national credit union administration or a credit 26,058
union share guaranty corporation organized under Chapter 1761. of 26,059
the Revised Code that are payable upon the death of the person 26,061
for whose benefit deposits into the accounts were made. 26,062
Sec. 4723.06. (A) The board of nursing shall: 26,071
(1) Administer and enforce the provisions of this chapter, 26,073
including the taking of disciplinary action for violations of 26,074
section 4723.28 of the Revised Code, any other provisions of this 26,075
chapter, or rules promulgated under Chapter 119. of the Revised 26,076
Code; 26,077
(2) Examine applicants for licensure to practice as a 26,079
registered nurse or as a licensed practical nurse; 26,080
(3) Issue and renew licenses as provided in this chapter; 26,082
(4) Define the minimum curricula and standards for 26,084
educational programs of the schools of professional nursing and 26,085
schools of practical nursing in this state; 26,086
(5) Survey, inspect, and grant full approval to 26,088
prelicensure nursing education programs that meet the standards 26,090
established by rules adopted under section 4723.07 of the Revised 26,091
Code. Prelicensure nursing education programs include, but are 26,092
not limited to, associate degree, baccalaureate degree, diploma, 26,093
and doctor of nursing programs leading to initial licensure to 26,094
practice nursing as a registered nurse and practical nurse 26,095
programs leading to initial licensure to practice nursing as a 26,096
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 26,098
the board, to a new prelicensure nursing education program or a 26,099
program that is being reestablished after having ceased to 26,101
operate, if the program meets and maintains the minimum standards 26,103
of the board established by rules adopted under section 4723.07 26,104
of the Revised Code. If the board does not grant conditional 26,105
approval, it shall hold a hearing under Chapter 119. of the 26,106
609
Revised Code to consider conditional approval of the program. If 26,107
the board grants conditional approval, at its first meeting after 26,108
the first class has completed the program, the board shall 26,109
determine whether to grant full approval to the program. If the 26,110
board does not grant full approval or if it appears that the 26,113
program has failed to meet and maintain standards established by 26,114
rules adopted under section 4723.07 of the Revised Code, the 26,115
board shall hold a hearing under Chapter 119. of the Revised Code 26,116
to consider the program. Based on results of the hearing, the 26,117
board may continue or withdraw conditional approval, or grant 26,118
full approval.
(7) Place on provisional approval, for a period of time 26,120
specified by the board, a program that has ceased to meet and 26,122
maintain the minimum standards of the board established by rules 26,123
adopted under section 4723.07 of the Revised Code. At the end of 26,124
the period, the board shall reconsider whether the program meets 26,125
the standards and shall grant full approval if it does. If it 26,127
does not, the board may withdraw approval, pursuant to a hearing 26,128
under Chapter 119. of the Revised Code. 26,129
(8) Approve continuing nursing education programs and 26,131
courses under standards established in rules adopted under 26,132
section 4723.07 of the Revised Code; 26,133
(9) Approve peer support programs for nurses under rules 26,135
adopted under section 4723.07 of the Revised Code; 26,136
(10) Establish the alternative program for chemically 26,138
dependent nurses in accordance with section 4723.35 of the 26,139
Revised Code;
(11) ESTABLISH THE PRACTICE INTERVENTION AND IMPROVEMENT 26,141
PROGRAM IN ACCORDANCE WITH SECTION 4723.282 OF THE REVISED CODE; 26,142
(12) Issue and renew certificates of authority to practice 26,144
nursing as a certified registered nurse anesthetist, clinical 26,146
nurse specialist, certified nurse-midwife, or certified nurse 26,147
practitioner;
(12)(13) Approve under section 4723.46 of the Revised Code 26,150
610
national certifying organizations for examination and 26,151
certification of certified registered nurse anesthetists, 26,152
clinical nurse specialists, certified nurse-midwives, or 26,153
certified nurse practitioners;
(13)(14) Make an annual report to the governor, which 26,155
shall be open for public inspection; 26,157
(14)(15) Maintain and have open for public inspection the 26,159
following records: 26,160
(a) A record of all its meetings and proceedings; 26,162
(b) A file of applicants for and holders of licenses, 26,164
registrations, and certificates granted under this chapter. The 26,165
file shall be maintained in the form prescribed by rule of the 26,166
board. 26,167
(c) A list of prelicensure nursing education programs 26,169
approved by the board; 26,170
(d) A list of approved peer support programs for nurses. 26,172
(B) The board may fulfill the requirement of division 26,174
(A)(8) of this section by authorizing persons who meet the 26,175
standards established in rules adopted under division (F) of 26,176
section 4723.07 of the Revised Code to approve continuing nursing 26,177
education programs and courses. Persons so authorized shall 26,178
approve continuing nursing education programs and courses in 26,179
accordance with standards established in rules adopted under 26,180
division (E) of section 4723.07 of the Revised Code. 26,181
Persons seeking authorization to approve continuing nursing 26,183
education programs and courses shall apply to the board and pay 26,184
the appropriate fee established under section 4723.08 of the 26,185
Revised Code. Authorizations to approve continuing nursing 26,186
education programs and courses shall expire at the end of the 26,187
two-year period beginning the date of issuance and may be renewed 26,188
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 26,197
not to exceed the following limits: 26,198
(1) For application for licensure by examination to 26,200
611
practice nursing as a registered nurse or as a licensed practical 26,201
nurse, fifty dollars; 26,202
(2) For application for licensure by endorsement to 26,204
practice nursing as a registered nurse or as a licensed practical 26,205
nurse, fifty dollars; 26,206
(3) For application for a certificate of authority to 26,208
practice nursing as a certified registered nurse anesthetist, 26,209
clinical nurse specialist, certified nurse-midwife, or certified 26,211
nurse practitioner, one hundred dollars; 26,212
(4) For verification of a license or certificate to 26,214
another jurisdiction, fifteen dollars; 26,216
(5) For providing a replacement copy of a license or 26,218
certificate, fifteen dollars; 26,219
(6) For biennial renewal of any license, thirty-five 26,221
dollars;
(7) For biennial renewal of a certificate of authority to 26,223
practice nursing as a certified registered nurse anesthetist, 26,224
clinical nurse specialist, certified nurse-midwife, or certified 26,226
nurse practitioner, one hundred dollars;
(8) For processing a late application for renewal of any 26,228
license or certificate, fifty dollars; 26,229
(9) For application for authorization to approve 26,231
continuing nursing education programs and courses from an 26,232
applicant accredited by a national accreditation system for 26,233
nursing, five hundred dollars; 26,234
(10) For application for authorization to approve 26,236
continuing nursing education programs and courses from an 26,237
applicant not accredited by a national accreditation system for 26,238
nursing, one thousand dollars; 26,239
(11) For biennial renewal of EACH YEAR FOR WHICH 26,242
authorization to approve continuing nursing education programs 26,244
and courses IS RENEWED, three ONE hundred FIFTY dollars; 26,245
(12) For written verification of a license or certificate, 26,248
other than verification to another jurisdiction, five dollars. 26,249
612
The board may contract for services pertaining to this 26,250
verification process and the collection of the fee, and may 26,251
permit the contractor to retain a portion of the fees as 26,252
compensation, before any amounts are deposited into the state 26,253
treasury. 26,254
(B) Each quarter, the board of nursing shall certify to 26,256
the director of budget and management the number of biennial 26,257
licenses renewed under this chapter during the preceding quarter 26,258
and the amount equal to that number times five dollars. 26,259
Sec. 4723.28. As used in this section, "dangerous drug" 26,268
and "prescription" have the same meanings as in section 4729.01 26,270
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 26,272
conducted under Chapter 119. of the Revised Code and by a vote of 26,273
a quorum, may revoke or may refuse to grant a license or 26,274
certificate to a person found by the board to have committed 26,276
fraud in passing the examination or to have committed fraud, 26,277
misrepresentation, or deception in applying for or securing any 26,278
license or certificate issued by the board. 26,280
(B) The board of nursing, pursuant to an adjudication 26,282
conducted under Chapter 119. of the Revised Code and by a vote of 26,283
a quorum, may impose one or more of the following sanctions: 26,284
deny, revoke permanently, suspend, or place restrictions on any 26,285
license or certificate issued by the board; reprimand or 26,287
otherwise discipline a holder of a license or certificate; or 26,288
impose a fine of not more than five hundred dollars per 26,290
violation. The sanctions may be imposed for any of the
following: 26,291
(1) Denial, revocation, suspension, or restriction of a 26,293
license to practice nursing, for any reason other than a failure 26,294
to renew, in another state or jurisdiction; or denial, 26,295
revocation, suspension, or restriction of a license to practice a 26,296
health care occupation other than nursing, for any reason other 26,297
than a failure to renew, in Ohio or another state or 26,298
613
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 26,300
renew a license issued under this chapter, or while a license is 26,301
under suspension; 26,302
(3) Conviction of, a plea of guilty to, or a judicial 26,304
finding of guilt of a misdemeanor committed in the course of 26,305
practice; 26,306
(4) Conviction of, a plea of guilty to, or a judicial 26,308
finding of guilt of any felony or of any crime involving gross 26,309
immorality or moral turpitude; 26,310
(5) Selling, giving away, or administering drugs for other 26,312
than legal and legitimate therapeutic purposes; or conviction of, 26,313
a plea of guilty to, or a judicial finding of guilt of violating 26,314
any municipal, state, county, or federal drug law; 26,315
(6) Conviction of, a plea of guilty to, or a judicial 26,317
finding of guilt of an act in another jurisdiction that would 26,318
constitute a felony or a crime of moral turpitude in Ohio; 26,319
(7) Conviction of, a plea of guilty to, or a judicial 26,321
finding of guilt of an act in the course of practice in another 26,322
jurisdiction that would constitute a misdemeanor in Ohio; 26,323
(8) Self-administering or otherwise taking into the body 26,325
any dangerous drug in any way not in accordance with a legal, 26,326
valid prescription; 26,327
(9) Habitual indulgence in the use of controlled 26,329
substances, other habit-forming drugs, or alcohol or other 26,330
chemical substances to an extent that impairs ability to 26,331
practice; 26,332
(10) Impairment of the ability to practice according to 26,334
acceptable and prevailing standards of safe nursing care because 26,335
of habitual or excessive use of drugs, alcohol, or other chemical 26,338
substances that impair the ability to practice; 26,339
(11) Impairment of the ability to practice according to 26,341
acceptable and prevailing standards of safe nursing care because 26,342
of a physical or mental disability; 26,343
614
(12) Assaulting or causing harm to a patient or depriving 26,345
a patient of the means to summon assistance; 26,346
(13) Obtaining or attempting to obtain money or anything 26,348
of value by intentional misrepresentation or material deception 26,349
in the course of practice; 26,350
(14) Adjudication by a probate court that the license 26,352
applicant or license holder is mentally ill or mentally 26,353
incompetent. The board may restore the license upon adjudication 26,354
by a probate court of the person's restoration to competency or 26,355
upon submission to the board of other proof of competency. 26,356
(15) The suspension or termination of employment by the 26,358
department of defense or the veterans administration of the 26,359
United States for any act that violates or would violate this 26,360
chapter; 26,361
(16) Violation of this chapter or any rules adopted under 26,363
it; 26,364
(17) Violation of any restrictions placed on a license by 26,366
the board; 26,367
(18) Failure to use universal blood and body fluid 26,369
precautions established by rules adopted under section 4723.07 of 26,370
the Revised Code; 26,371
(19) Failure to practice in accordance with acceptable and 26,374
prevailing standards of safe nursing care; 26,375
(20) In the case of a registered nurse, engaging in 26,377
activities that exceed the practice of nursing as a registered 26,378
nurse under section 4723.02 of the Revised Code; 26,379
(21) In the case of a licensed practical nurse, engaging 26,381
in activities that exceed the practice of nursing as a licensed 26,382
practical nurse under section 4723.02 of the Revised Code; 26,383
(22) Aiding and abetting in the unlicensed practice of 26,385
nursing; 26,386
(23) In the case of a certified registered nurse 26,388
anesthetist, clinical nurse specialist, certified nurse-midwife, 26,390
or certified nurse practitioner, or a registered nurse approved 26,391
615
as an advanced practice nurse under section 4723.55 of the 26,392
Revised Code, either of the following: 26,393
(a) Waiving the payment of all or any part of a deductible 26,395
or copayment that a patient, pursuant to a health insurance or 26,396
health care policy, contract, or plan that covers such nursing 26,397
services, would otherwise be required to pay if the waiver is 26,398
used as an enticement to a patient or group of patients to 26,399
receive health care services from that provider; 26,400
(b) Advertising that the nurse will waive the payment of 26,402
all or any part of a deductible or copayment that a patient, 26,403
pursuant to a health insurance or health care policy, contract, 26,404
or plan that covers such nursing services, would otherwise be 26,405
required to pay. 26,406
(24) Failure to comply with the terms and conditions of 26,408
participation in the alternative program for chemically dependent 26,410
nurses created by section 4723.35 of the Revised Code; 26,411
(25) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS 26,413
REQUIRED UNDER THE PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM 26,414
ESTABLISHED UNDER SECTION 4723.282 OF THE REVISED CODE; 26,415
(26) In the case of a certified registered nurse 26,417
anesthetist, clinical nurse specialist, certified nurse-midwife, 26,419
or certified nurse practitioner: 26,420
(a) Engaging in activities that exceed those permitted for 26,423
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 26,424
(b) Failure to meet the quality assurance standards 26,426
established under section 4723.07 of the Revised Code. 26,428
(26)(27) In the case of a clinical nurse specialist, 26,430
certified nurse-midwife, or certified nurse practitioner, failure 26,432
to maintain a standard care arrangement in accordance with 26,433
section 4723.431 of the Revised Code or to practice in accordance 26,434
with the standard care arrangement. 26,435
(C) If a criminal action is brought against a license 26,437
holder for an act or crime described in divisions (B)(3) to (7) 26,438
616
of this section and the action is dismissed by the trial court 26,439
other than on the merits, the board shall hold an adjudication 26,441
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 26,442
basis of the hearing that the license holder committed the act, 26,443
or if the license holder fails to participate in the hearing, the 26,444
board may take action as though the license holder had been 26,445
convicted of the act. 26,446
If the board takes action on the basis of a conviction, 26,448
plea of guilty, or a judicial determination of guilt as described 26,449
in divisions (B)(3) to (7) of this section that is overturned on 26,450
appeal, the license holder may, on exhaustion of the appeal 26,451
process, petition the board for reconsideration of its action. 26,452
On receipt of the petition and supporting court documents, the 26,453
board shall temporarily rescind its action. If the board 26,454
determines that the decision on appeal was a decision on the 26,455
merits, it shall permanently rescind its action. If the board 26,456
determines that the decision on appeal was not a decision on the 26,457
merits, it shall hold an adjudicatory hearing to determine 26,458
whether the license holder committed the act on which the 26,459
original conviction, plea, or judicial determination was based. 26,460
If the board determines on the basis of the hearing that the 26,461
license holder committed such act, or if the license holder does 26,462
not request a hearing, the board shall reinstate its action; 26,463
otherwise, the board shall permanently rescind its action. 26,464
Notwithstanding the provision of division (C)(2) of section 26,466
2953.32 of the Revised Code specifying that if records pertaining 26,467
to a criminal case are sealed under that section the proceedings 26,468
in the case shall be deemed not to have occurred, sealing of the 26,469
records of a conviction on which the board has based an action 26,470
under this section shall have no effect on the board's action or 26,471
any sanction imposed by the board under this section. 26,472
(D) In enforcing division (B) of this section, the board 26,474
may compel any individual licensed by this chapter or who has 26,475
617
applied for licensure to submit to a mental or physical 26,476
examination, or both, as required by the board and at the expense 26,477
of the individual. Failure of any individual to submit to a 26,478
mental or physical examination when directed constitutes an 26,479
admission of the allegations, unless the failure is due to 26,480
circumstances beyond the individual's control, and a default and 26,481
final order may be entered without the taking of testimony or 26,482
presentation of evidence. If the board finds that an individual 26,483
is impaired, the board shall require the individual to submit to 26,484
care, counseling, or treatment approved or designated by the 26,485
board, as a condition for initial, continued, reinstated, or 26,486
renewed licensure to practice. The individual shall be afforded 26,487
an opportunity to demonstrate to the board that the individual 26,488
can resume the individual's occupation in compliance with 26,490
acceptable and prevailing standards under the provisions of the 26,492
individual's license. For the purpose of this section, any 26,494
individual who is licensed by this chapter or makes application 26,495
for licensure shall be deemed to have given consent to submit to 26,496
a mental or physical examination when directed to do so in 26,497
writing by the board, and to have waived all objections to the 26,498
admissibility of testimony or examination reports that constitute 26,499
a privileged communication.
(E) The board shall investigate evidence that appears to 26,501
show that any person has violated any provision of this chapter 26,502
or any rule of the board. Any person may report to the board any 26,503
information the person may have that appears to show a violation 26,504
of any provision of this chapter or rule of the board. In the 26,505
absence of bad faith, any person who reports such information or 26,506
who testifies before the board in any adjudication conducted 26,508
under Chapter 119. of the Revised Code shall not be liable for 26,509
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 26,511
investigation is confidential and not subject to discovery in any 26,512
civil action, except that the board may disclose information to 26,513
618
law enforcement officers and government entities investigating a 26,514
person licensed by the board. No law enforcement officer or 26,515
government entity with knowledge of any information disclosed by 26,516
the board pursuant to this division shall divulge the information 26,517
to any other person or government entity except for the purpose 26,518
of an adjudication by a court or licensing or registration board 26,519
or officer to which the person to whom the information relates is
a party. 26,520
If the investigation requires a review of patient records, 26,522
the investigation and proceeding shall be conducted in such a 26,523
manner as to protect patient confidentiality. 26,524
All hearings and investigations of the board shall be 26,526
considered civil actions for the purposes of section 2305.251 of 26,527
the Revised Code. 26,528
The hearings of the board shall be conducted in accordance 26,530
with Chapter 119. of the Revised Code. The board may appoint a 26,531
hearing examiner as provided in section 119.09 to conduct any 26,532
hearing the board is empowered to hold under Chapter 119. of the 26,533
Revised Code. 26,534
In the absence of fraud or bad faith, neither the board nor 26,536
any current or former members, agents, representatives, or 26,537
employees of the board shall be held liable in damages to any 26,538
person as the result of any act, omission, proceeding, conduct, 26,539
or decision related to their official duties undertaken or 26,540
performed pursuant to this chapter. If a current or former 26,541
member, agent, representative, or employee requests the state to 26,542
defend the individual against any claim or action arising out of 26,543
any act, omission, proceeding, conduct, or decision related to 26,545
the individual's official duties, if the request is made in 26,547
writing at a reasonable time before trial, and if the individual 26,548
requesting defense cooperates in good faith in the defense of the 26,549
claim or action, the state shall provide and pay for such defense 26,550
and shall pay any resulting judgment, compromise, or settlement. 26,551
At no time shall the state pay that part of a claim or judgment 26,552
619
that is for punitive or exemplary damages. 26,553
(F) Any action taken by the board under this section 26,555
resulting in a suspension from practice shall be accompanied by a 26,556
written statement of the conditions under which the person may be 26,557
reinstated to practice. 26,558
(G) No unilateral surrender of a license issued under this 26,560
chapter shall be effective unless accepted by majority vote of 26,561
the board. No application for a license issued under this 26,562
chapter may be withdrawn without a majority vote of the board. 26,563
(H) Notwithstanding division (B)(23) of this section, 26,565
sanctions shall not be imposed against any licensee who waives 26,566
deductibles and copayments: 26,567
(1) In compliance with the health benefit plan that 26,569
expressly allows such a practice. Waiver of the deductibles or 26,570
copayments shall be made only with the full knowledge and consent 26,571
of the plan purchaser, payer, and third-party administrator. The 26,572
consent shall be made available to the board upon request. 26,573
(2) For professional services rendered to any other person 26,575
licensed pursuant to this chapter to the extent allowed by this 26,576
chapter and the rules of the board. 26,577
Sec. 4723.282. (A) AS USED IN THIS SECTION, "PRACTICE 26,580
DEFICIENCY" MEANS ANY ACTIVITY THAT DOES NOT MEET ACCEPTABLE AND 26,581
PREVAILING STANDARDS OF SAFE AND EFFECTIVE NURSING CARE. 26,582
(B) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING 26,584
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 26,586
AGAINST THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS 26,587
CHAPTER WHO HAS A PRACTICE DEFICIENCY THAT HAS BEEN IDENTIFIED BY 26,588
THE BOARD THROUGH AN INVESTIGATION CONDUCTED UNDER SECTION 26,589
4723.28 OF THE REVISED CODE. THE BOARD MAY ABSTAIN FROM TAKING 26,590
ACTION ONLY IF THE BOARD HAS REASON TO BELIEVE THAT THE 26,591
INDIVIDUAL'S PRACTICE DEFICIENCY CAN BE CORRECTED THROUGH 26,592
REMEDIATION, AND IF THE INDIVIDUAL ENTERS INTO AN AGREEMENT WITH 26,593
THE BOARD TO SEEK REMEDIATION AS PRESCRIBED BY THE BOARD, 26,594
COMPLIES WITH THE TERMS AND CONDITIONS OF THE REMEDIATION, AND 26,595
620
SUCCESSFULLY COMPLETES THE REMEDIATION. IF AN INDIVIDUAL FAILS 26,596
TO COMPLETE THE REMEDIATION OR THE BOARD DETERMINES THAT 26,597
REMEDIATION CANNOT CORRECT THE INDIVIDUAL'S PRACTICE DEFICIENCY, 26,598
THE BOARD SHALL PROCEED WITH DISCIPLINARY ACTION IN ACCORDANCE 26,599
WITH SECTION 4723.28 OF THE REVISED CODE. 26,600
(C) TO IMPLEMENT ITS AUTHORITY UNDER THIS SECTION TO 26,602
ABSTAIN FROM TAKING DISCIPLINARY ACTION, THE BOARD SHALL 26,603
ESTABLISH A PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM. THE 26,604
BOARD SHALL DESIGNATE AN ADMINISTRATOR TO OPERATE THE PROGRAM 26,605
AND, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT 26,607
RULES FOR THE PROGRAM THAT ESTABLISH THE FOLLOWING: 26,608
(1) CRITERIA FOR USE IN IDENTIFYING AN INDIVIDUAL'S 26,610
PRACTICE DEFICIENCY; 26,611
(2) REQUIREMENTS THAT AN INDIVIDUAL MUST MEET TO BE 26,613
ELIGIBLE FOR REMEDIATION AND THE BOARD'S ABSTENTION FROM 26,614
DISCIPLINARY ACTION; 26,615
(3) STANDARDS AND PROCEDURES FOR PRESCRIBING REMEDIATION 26,617
THAT IS APPROPRIATE FOR AN INDIVIDUAL'S IDENTIFIED PRACTICE 26,618
DEFICIENCY; 26,619
(4) TERMS AND CONDITIONS THAT AN INDIVIDUAL MUST MEET TO 26,621
BE SUCCESSFUL IN COMPLETING THE REMEDIATION PRESCRIBED; 26,622
(5) PROCEDURES FOR THE BOARD'S MONITORING OF THE 26,624
INDIVIDUAL'S REMEDIATION; 26,625
(6) PROCEDURES FOR MAINTAINING CONFIDENTIAL RECORDS 26,627
REGARDING INDIVIDUALS WHO PARTICIPATE IN REMEDIATION; 26,628
(7) ANY OTHER REQUIREMENTS OR PROCEDURES NECESSARY TO 26,630
DEVELOP AND ADMINISTER THE PROGRAM. 26,631
(D) ALL RECORDS HELD BY THE BOARD FOR PURPOSES OF THE 26,633
PROGRAM SHALL BE CONFIDENTIAL, ARE NOT PUBLIC RECORDS FOR 26,634
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND ARE NOT 26,636
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY 26,637
JUDICIAL PROCEEDING. THE ADMINISTRATOR OF THE PROGRAM SHALL 26,638
MAINTAIN ALL RECORDS IN THE BOARD'S OFFICE IN ACCORDANCE WITH THE 26,639
BOARD'S RECORD RETENTION SCHEDULE.
621
(E) WHEN AN INDIVIDUAL BEGINS THE REMEDIATION PRESCRIBED 26,642
BY THE BOARD, THE INDIVIDUAL SHALL SIGN A WAIVER PERMITTING ANY 26,643
ENTITY THAT PROVIDES SERVICES RELATED TO THE REMEDIATION TO 26,644
RELEASE TO THE BOARD INFORMATION REGARDING THE INDIVIDUAL'S 26,645
PROGRESS. AN ENTITY THAT PROVIDES SERVICES RELATED TO 26,646
REMEDIATION SHALL REPORT TO THE BOARD IF THE INDIVIDUAL FAILS TO 26,647
COMPLETE THE REMEDIATION.
IN THE ABSENCE OF FRAUD OR BAD FAITH, AN ENTITY THAT 26,649
REPORTS TO THE BOARD REGARDING AN INDIVIDUAL'S PRACTICE 26,650
DEFICIENCY, OR PROGRESS OR LACK OF PROGRESS IN REMEDIATION, IS 26,651
NOT LIABLE IN DAMAGES TO ANY PERSON AS A RESULT OF MAKING THE 26,652
REPORT.
(F) AN INDIVIDUAL PARTICIPATING IN REMEDIATION PRESCRIBED 26,655
UNDER THIS SECTION IS RESPONSIBLE FOR ALL FINANCIAL OBLIGATIONS 26,656
THAT MAY ARISE FROM OBTAINING OR COMPLETING THE REMEDIATION. 26,657
Sec. 4725.16. (A) Each certificate of licensure, topical 26,666
ocular pharmaceutical agents certificate, and therapeutic 26,668
pharmaceutical agents certificate issued by the state board of 26,670
optometry shall expire annually on the last day of December, and 26,671
may be renewed in accordance with this section and the standard 26,672
renewal procedure established under Chapter 4745. of the Revised 26,674
Code.
(B) All licensed optometrists shall annually complete 26,677
continuing education in subjects relating to the practice of 26,679
optometry, to the end that the utilization and application of new 26,680
techniques, scientific and clinical advances, and the 26,681
achievements of research will assure comprehensive care to the 26,682
public. The board shall prescribe by rule the continuing 26,683
optometric education that licensed optometrists must complete. 26,684
The length of study shall be determined by the board but shall be 26,686
not less than six nor more than twenty-five clock hours each 26,687
year, except that the board shall prescribe an additional five 26,689
clock hours of instruction in pharmacology to be completed by 26,691
optometrists who hold topical ocular pharmaceutical agents 26,692
622
certificates or therapeutic pharmaceutical agents certificates. 26,693
Unless the continuing education required under this 26,695
division is waived or deferred under division (D) of this 26,696
section, the continuing education must be completed during the 26,697
twelve-month period beginning on the first day of October and 26,699
ending on the last day of September. If the board receives 26,700
notice from a continuing education program indicating that an 26,701
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 26,702
education completed after that day to renew the license that 26,703
expires on the last day of December of that year, the optometrist 26,705
shall pay the penalty specified under section 4725.34 of the 26,706
Revised Code for late completion of continuing education. 26,707
At least once annually, the board shall mail to each 26,710
licensed optometrist a list of courses approved in accordance 26,711
with standards prescribed by board rule. Upon the request of a 26,712
licensed optometrist, the executive director of the board shall 26,714
supply a list of additional courses that the board has approved 26,716
subsequent to the most recent mailing of the list of approved 26,717
courses.
(C) Annually, by the first day of November, the board 26,720
shall mail to each licensed optometrist a notice regarding 26,721
license renewal and an application for license renewal. The 26,722
application shall be in such form and require such pertinent 26,723
professional biographical data as the board may require. Filing 26,724
of the application with the board shall serve as notice by the 26,725
optometrist that the continuing optometric education requirement 26,727
has been successfully completed.
If the board finds that the optometrist has not completed 26,729
the required continuing optometric education, the board shall 26,731
disapprove the optometrist's application. All other applications 26,733
shall be approved. The board shall refuse to accept an 26,734
application for renewal from any applicant whose license is not
in good standing or who is under disciplinary review pursuant to 26,735
623
section 4725.19 of the Revised Code. 26,736
The board's order of disapproval for renewal shall be 26,738
effective without a hearing unless a hearing is requested 26,741
pursuant to Chapter 119. of the Revised Code. Notice of the 26,743
applicant's failure to qualify for renewal shall be served upon 26,744
the applicant by mail, which shall be sent on or before the 26,746
fifteenth day of November to the address shown in the board's 26,748
records.
(D) In cases of certified illness or undue hardship, the 26,750
board may waive or defer for up to twelve months the requirement 26,752
of continuing optometric education, except that in such cases the 26,754
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 26,755
topical ocular pharmaceutical agents certificates or therapeutic 26,756
pharmaceutical agents certificates. The board shall waive the 26,757
requirement of continuing optometric education for any 26,758
optometrist who is serving in the armed forces of the United 26,759
States or who has received an initial certificate of licensure 26,761
during the nine-month period which ended on the last day of 26,762
September.
(E) An optometrist who desires to continue the practice of 26,766
optometry and whose application for license renewal has been 26,767
approved by the board may renew each certificate held by paying 26,768
the fees for renewal specified under section 4725.34 of the 26,769
Revised Code. The optometrist shall pay the fees on or before 26,770
the first day of January to the treasurer of state. On payment 26,772
of the renewal fees, the board shall issue a renewal of the 26,773
optometrist's certificate of licensure, topical ocular 26,774
pharmaceutical agents certificate, and therapeutic pharmaceutical 26,775
agents certificate, as appropriate. 26,776
(F) A notice shall be sent to every licensed optometrist 26,780
who fails to respond to the notice provided under division (C) of 26,781
this section, at the optometrist's last address, at least one 26,783
month in advance of the date of expiration. A second notice 26,785
624
shall be sent in advance of the date of expiration and prior to 26,786
any action under division (G) of this section to classify the 26,787
optometrist's certificates as delinquent, to every optometrist 26,788
failing to respond to the preceding notice. 26,789
(G)(1) The failure of an optometrist to apply for license 26,792
renewal or the failure to pay the applicable annual renewal fees 26,794
on or before the last day of December of each year, shall 26,795
automatically work a forfeiture of the optometrist's authority to 26,797
practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's 26,798
records as delinquent. 26,799
(2) Any optometrist subject to delinquent classification 26,802
may submit a written application to the board for reinstatement. 26,804
For reinstatement to occur, the applicant must meet all of the 26,805
following conditions:
(a) Submit to the board evidence of compliance with board 26,808
rules requiring continuing optometric education in a sufficient 26,809
number of hours to make up for any delinquent compliance; 26,810
(b) Pay all delinquent annual THE renewal fees FOR THE 26,813
YEAR IN WHICH APPLICATION FOR REINSTATEMENT IS MADE and the 26,814
penalty for reinstatement FEE specified under DIVISION (A)(7) OF 26,815
section 4725.34 of the Revised Code; 26,816
(c) Pass all or part of the licensing examination accepted 26,819
by the board under section 4725.11 of the Revised Code as the 26,820
board considers appropriate to determine whether the application 26,821
for reinstatement should be approved; 26,822
(d) If the applicant has been practicing optometry in 26,824
another state or country, submit evidence that the applicant's 26,825
license to practice optometry in the other state or country is in 26,827
good standing.
(3) The board shall approve an application for 26,829
reinstatement if the conditions specified in division (G)(2) of 26,831
this section are met. An optometrist who receives reinstatement 26,832
is subject to the continuing education requirements specified 26,833
625
under division (B) of this section for the year in which 26,834
reinstatement occurs. 26,835
Sec. 4725.17. (A) An optometrist who intends not to 26,844
continue practicing optometry in this state due to retirement or 26,845
a decision to practice in another state or country may apply to 26,846
the state board of optometry to have the certificates issued to 26,847
the optometrist placed on inactive status. Application for 26,848
inactive status shall consist of a written notice to the board of 26,850
the optometrist's intention to no longer practice in this state. 26,851
The board may not accept an application submitted after the 26,852
applicant's certificate of licensure and any other certificates 26,853
have expired. The board may approve an application for placement 26,854
on inactive status only if the applicant's certificates are in 26,856
good standing and the applicant is not under disciplinary review 26,857
pursuant to section 4725.19 of the Revised Code. 26,858
(B) An individual whose certificates have been placed on 26,860
inactive status may submit a written application to the board for 26,861
reinstatement. For reinstatement to occur, the applicant must 26,863
meet all of the following conditions: 26,864
(1) Pay the renewal fees for that THE year IN WHICH 26,866
APPLICATION FOR REINSTATEMENT IS MADE and the reinstatement fee 26,867
specified under DIVISION (A)(8) OF section 4725.34 of the Revised 26,869
Code; 26,870
(2) Pass all or part of the licensing examination accepted 26,872
by the board under section 4725.11 of the Revised Code as the 26,874
board considers appropriate to determine whether the application 26,875
for reinstatement should be approved;
(3) If the applicant has been practicing optometry in 26,877
another state or country, submit evidence of being in the active 26,878
practice OF optometry in the other state or country and evidence 26,879
that the applicant's license to practice in the other state or 26,880
country is in good standing. 26,881
(C) The board shall approve an application for 26,883
reinstatement if the conditions specified in division (B) of this 26,885
626
section are met. An optometrist who receives reinstatement is 26,887
subject to the continuing education requirements specified under 26,888
section 4725.16 of the Revised Code for the year in which 26,889
reinstatement occurs.
Sec. 4729.54. (A) As used in this section: 26,898
(1) "Category I" means single-dose injections of 26,900
intravenous fluids, including saline, Ringer's lactate, five per 26,901
cent dextrose and distilled water, and other intravenous fluids 26,902
or parenteral solutions included in this category by rule of the 26,903
board of pharmacy, that have a volume of one hundred milliliters 26,904
or more and that contain no added substances, or single-dose 26,905
injections of epinephrine to be administered pursuant to sections 26,906
4765.38 and 4765.39 of the Revised Code. 26,907
(2) "Category II" means any dangerous drug that is not 26,909
included in category I or III. 26,910
(3) "Category III" means any controlled substance that is 26,912
contained in schedule I, II, III, IV, or V. 26,913
(4) "Emergency medical service organization" has the same 26,915
meaning as in section 4765.01 of the Revised Code. 26,916
(5) "Person" includes an emergency medical service 26,918
organization. 26,919
(6) "Schedule I, schedule II, schedule III, schedule IV, 26,921
and schedule V" mean controlled substance schedules I, II, III, 26,922
IV, and V, respectively, as established pursuant to section 26,923
3719.41 of the Revised Code and as amended. 26,924
(B) A person who desires to be licensed as a terminal 26,926
distributor of dangerous drugs shall file with the executive 26,927
director of the board of pharmacy a verified application that 26,928
contains the following: 26,929
(1) Information that the board requires relative to the 26,931
qualifications of a terminal distributor of dangerous drugs set 26,932
forth in section 4729.55 of the Revised Code; 26,933
(2) A statement that the person wishes to be licensed as a 26,935
category I, category II, category III, limited category I, 26,936
627
limited category II, or limited category III terminal distributor 26,937
of dangerous drugs; 26,938
(3) If the person wishes to be licensed as a limited 26,940
category I, limited category II, or limited category III terminal 26,941
distributor of dangerous drugs, a notarized list of the dangerous 26,942
drugs that the person wishes to possess, have custody or control 26,943
of, and distribute, which list shall also specify the purpose for 26,944
which those drugs will be used and their source; 26,945
(4) If the person is an emergency medical service 26,947
organization, the information that is specified in division 26,948
(C)(1) of this section; 26,949
(5) Except for an emergency medical service organization, 26,951
the identity of the one establishment or place at which the 26,952
person intends to engage in the sale or other distribution of 26,953
dangerous drugs at retail, and maintain possession, custody, or 26,954
control of dangerous drugs for purposes other than the person's 26,955
own use or consumption. 26,956
(C)(1) An emergency medical service organization that 26,958
wishes to be licensed as a terminal distributor of dangerous 26,959
drugs shall list in its application for licensure the following 26,960
additional information: 26,961
(a) The units under its control that the organization 26,963
determines will possess dangerous drugs for the purpose of 26,964
administering emergency medical services in accordance with 26,965
Chapter 4765. of the Revised Code; 26,966
(b) With respect to each such unit, whether the dangerous 26,968
drugs that the organization determines the unit will possess are 26,969
in category I, II, or III. 26,970
(2) An emergency medical service organization that is 26,972
licensed as a terminal distributor of dangerous drugs shall file 26,973
a new application for such licensure if there is any change in 26,974
the number, or location of, any of its units or any change in the 26,975
category of the dangerous drugs that any unit will possess. 26,976
(3) A unit listed in an application for licensure pursuant 26,978
628
to division (C)(1) of this section may obtain the dangerous drugs 26,979
it is authorized to possess from its emergency medical service 26,980
organization or, on a replacement basis, from a hospital 26,981
pharmacy. If units will obtain dangerous drugs from a hospital 26,982
pharmacy, the organization shall file, and maintain in current 26,983
form, the following items with the pharmacist who is responsible 26,984
for the hospital's terminal distributor of dangerous drugs 26,985
license: 26,986
(a) A copy of its standing orders or protocol; 26,988
(b) A list of the personnel employed or used by the 26,990
organization to provide emergency medical services in accordance 26,991
with Chapter 4765. of the Revised Code, who are authorized to 26,992
possess the drugs, which list also shall indicate the personnel 26,993
who are authorized to administer the drugs. 26,994
(D) Each emergency medical service organization that 26,996
applies for a terminal distributor of dangerous drugs license 26,997
shall submit with its application the following: 26,998
(1) A notarized copy of its standing orders or protocol, 27,000
which orders or protocol shall be signed by a physician and 27,001
specify the dangerous drugs that its units may carry, expressed 27,002
in standard dose units; 27,003
(2) A list of the personnel employed or used by the 27,005
organization to provide emergency medical services in accordance 27,006
with Chapter 4765. of the Revised Code. 27,007
An emergency medical service organization that is licensed 27,009
as a terminal distributor shall notify the board immediately of 27,010
any changes in its standing orders or protocol. 27,011
(E) There shall be six categories of terminal distributor 27,013
of dangerous drugs licenses, which categories shall be as 27,014
follows: 27,015
(1) Category I license. A person who obtains this license 27,017
may possess, have custody or control of, and distribute only the 27,018
dangerous drugs described in category I. 27,019
(2) Limited category I license. A person who obtains this 27,021
629
license may possess, have custody or control of, and distribute 27,022
only the dangerous drugs described in category I that were listed 27,023
in the application for licensure. 27,024
(3) Category II license. A person who obtains this 27,026
license may possess, have custody or control of, and distribute 27,027
only the dangerous drugs described in category I and category II. 27,028
(4) Limited category II license. A person who obtains 27,030
this license may possess, have custody or control of, and 27,031
distribute only the dangerous drugs described in category I or 27,032
category II that were listed in the application for licensure. 27,033
(5) Category III license. A person who obtains this 27,035
license may possess, have custody or control of, and distribute 27,036
the dangerous drugs described in category I, category II, and 27,037
category III. 27,038
(6) Limited category III license. A person who obtains 27,040
this license may possess, have custody or control of, and 27,041
distribute only the dangerous drugs described in category I, 27,042
category II, or category III that were listed in the application 27,043
for licensure. 27,044
(F) Except for an application made on behalf of an animal 27,046
shelter, if an applicant for licensure as a limited category I, 27,047
II, or III terminal distributor of dangerous drugs intends to 27,048
administer dangerous drugs to a person or animal, the applicant 27,049
shall submit, with the application, a notarized copy of its 27,050
protocol or standing orders, which protocol or orders shall be 27,051
signed by a licensed health professional authorized to prescribe 27,053
drugs, specify the dangerous drugs to be administered, and list 27,054
personnel who are authorized to administer the dangerous drugs in 27,055
accordance with federal law or the law of this state. An 27,056
application made on behalf of an animal shelter shall include a 27,057
notarized list of the dangerous drugs to be administered to
animals and the personnel who are authorized to administer the 27,058
drugs to animals in accordance with section 4729.532 of the 27,059
Revised Code. After obtaining a terminal distributor license, a 27,060
630
licensee shall notify the board immediately of any changes in its 27,061
protocol or standing orders, or in such personnel. 27,062
(G)(1) Except as provided in division (G)(2) of this 27,065
seciton SECTION, each applicant for licensure as a terminal 27,067
distributor of dangerous drugs shall submit, with the 27,068
application, a license fee determined as follows: 27,069
(a) For a category I or limited category I license, 27,071
forty-five dollars; 27,072
(b) For a category II or limited category II license, one 27,075
hundred twelve dollars and fifty cents;
(c) For a category III or limited category III license, 27,077
one hundred fifty dollars. 27,078
(2) For a professional association, corporation, 27,080
partnership, or limited liability company organized for the 27,081
purpose of practicing veterinary medicine, the fee shall be five 27,082
FORTY dollars. 27,083
Fees assessed under divisions (G)(1) and (2) of this 27,086
section shall not be returned if the applicant fails to qualify 27,087
for registration.
(H)(1) The board shall issue a terminal distributor of 27,089
dangerous drugs license to each person who submits an application 27,090
for such licensure in accordance with this section, pays the 27,091
required license fee, is determined by the board to meet the 27,092
requirements set forth in section 4729.55 of the Revised Code, 27,093
and satisfies any other applicable requirements of this section. 27,094
(2) The license of a person other than an emergency 27,096
medical service organization shall describe the one establishment 27,097
or place at which the licensee may engage in the sale or other 27,098
distribution of dangerous drugs at retail and maintain 27,099
possession, custody, or control of dangerous drugs for purposes 27,100
other than the licensee's own use or consumption. The one 27,101
establishment or place shall be that which is described in the 27,103
application for licensure. 27,104
No such license shall authorize or permit the terminal 27,106
631
distributor of dangerous drugs named in it to engage in the sale 27,107
or other distribution of dangerous drugs at retail or to maintain 27,108
possession, custody, or control of dangerous drugs for any 27,109
purpose other than the distributor's own use or consumption, at 27,111
any establishment or place other than that described in the 27,112
license, except that an agent or employee of an animal shelter 27,113
may possess and use dangerous drugs in the course of business as 27,114
provided in division (D) of section 4729.532 of the Revised Code. 27,115
(3) The license of an emergency medical service 27,117
organization shall cover and describe all the units of the 27,120
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 27,122
drugs shall indicate, on its face, the category of licensure. If 27,123
the license is a limited category I, II, or III license, it shall 27,124
specify, and shall authorize the licensee to possess, have 27,125
custody or control of, and distribute only, the dangerous drugs 27,126
that were listed in the application for licensure. 27,127
(I) All licenses issued pursuant to this section shall be 27,129
effective for a period of twelve months from the first day of 27,130
January of each year. A license shall be renewed by the board 27,131
for a like period, annually, according to the provisions of this 27,132
section, and the standard renewal procedure of Chapter 4745. of 27,133
the Revised Code. A person who desires to renew a license shall 27,134
submit an application for renewal and pay the required fee on or 27,135
before the thirty-first day of December each year. The fee 27,137
required for the renewal of a license shall be the same as the 27,138
fee paid for the license being renewed, and shall accompany the 27,139
application for renewal. 27,140
A license that has not been renewed during December in any 27,142
year and by the first day of February of the following year may 27,143
be reinstated only upon payment of the required renewal fee and a 27,144
penalty fee of fifty-five dollars. 27,145
(J)(1) No emergency medical service organization that is 27,147
licensed as a terminal distributor of dangerous drugs shall fail 27,148
632
to comply with division (C)(2) or (3) of this section. 27,149
(2) No emergency medical service organization that is 27,151
licensed as a terminal distributor of dangerous drugs shall fail 27,152
to comply with division (D) of this section. 27,153
(3) No licensed terminal distributor of dangerous drugs 27,155
shall possess, have custody or control of, or distribute 27,156
dangerous drugs that the terminal distributor is not entitled to 27,157
possess, have custody or control of, or distribute by virtue of 27,158
its category of licensure. 27,159
(4) No licensee that is required by division (F) of this 27,161
section to notify the board of changes in its protocol or 27,162
standing orders, or in personnel, shall fail to comply with that 27,163
division. 27,164
Sec. 4730.11. If the state medical board determines under 27,174
section 4730.10 of the Revised Code that an applicant meets the 27,176
requirements for a certificate of registration as a physician
assistant, the secretary of the board shall register the 27,178
applicant as a physician assistant and issue to the applicant a 27,180
certificate of registration as a physician assistant. The 27,182
certificate shall expire biennially and may be renewed in 27,183
accordance with section 4730.12 of the Revised Code.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 27,185
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 27,186
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 27,187
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 27,188
CERTIFICATE SHALL BE THIRTY-FIVE DOLLARS.
Sec. 4731.281. (A) On or before the deadline established 27,197
under division (B) of this section for applying for renewal of a 27,199
certificate of registration, each person holding a certificate 27,201
under this chapter to practice medicine and surgery, osteopathic 27,202
medicine and surgery, or podiatry shall certify to the state 27,203
medical board that in the preceding two years the person has 27,204
completed one hundred hours of continuing medical education. The 27,205
certification shall be made upon the application for biennial 27,206
633
registration submitted pursuant to division (B) of this section. 27,209
The board shall adopt rules providing for pro rata reductions by 27,210
month of the number of hours of continuing education required for 27,212
persons who are in their first registration period, who have a
registration period of less than two years due to initial 27,213
implementation of the staggered renewal schedule established 27,214
under division (B) of this section, who have been disabled due to 27,216
illness or accident, or who have been absent from the country. 27,217
In determining whether a course, program, or activity 27,219
qualifies for credit as continuing medical education, the board 27,220
shall approve all continuing medical education taken by persons 27,222
holding a certificate to practice medicine and surgery that is 27,223
certified by the Ohio state medical association, all continuing 27,224
medical education taken by persons holding a certificate to 27,225
practice osteopathic medicine and surgery that is certified by 27,226
the Ohio osteopathic association, and all continuing medical 27,228
education taken by persons holding a certificate to practice 27,229
podiatry that is certified by the Ohio podiatric medical 27,231
association. Each person holding a certificate to practice under 27,233
this chapter shall be given sufficient choice of continuing 27,234
education programs to ensure that the person has had a reasonable 27,235
opportunity to participate in continuing education programs that 27,237
are relevant to the person's medical practice in terms of subject 27,239
matter and level.
The board may require a random sample of persons holding a 27,242
certificate to practice under this chapter to submit materials 27,243
documenting completion of the continuing medical education 27,244
requirement during the preceding registration period, but this 27,245
provision shall not limit the board's authority to investigate 27,246
pursuant to section 4731.22 of the Revised Code. 27,247
(B)(1) Every person holding a certificate under this 27,249
chapter to practice medicine and surgery, osteopathic medicine 27,250
and surgery, or podiatry wishing to renew that certificate shall 27,251
apply to the board for a certificate of registration upon an 27,253
634
application furnished by the board, and pay to the board at the 27,254
time of application a fee of two THREE hundred seventy-five FIVE 27,255
dollars, according to the following schedule: 27,256
(a) Persons whose last name begins with the letters "A" 27,258
through "B," on or before April 1, 2001, and the first day of 27,259
April of every odd-numbered year thereafter; 27,260
(b) Persons whose last name begins with the letters "C" 27,262
through "D," on or before January 1, 2001, and the first day of 27,263
January of every odd-numbered year thereafter; 27,264
(c) Persons whose last name begins with the letters "E" 27,267
through "G," on or before October 1, 2000, and the first day of 27,270
October of every even-numbered year thereafter; 27,271
(d) Persons whose last name begins with the letters "H" 27,274
through "K," on or before July 1, 2000, and the first day of July 27,277
of every even-numbered year thereafter; 27,278
(e) Persons whose last name begins with the letters "L" 27,281
through "M," on or before April 1, 2000, and the first day of 27,284
April of every even-numbered year thereafter; 27,285
(f) Persons whose last name begins with the letters "N" 27,288
through "R," on or before January 1, 2000, and the first day of 27,291
January of every even-numbered year thereafter; 27,292
(g) Persons whose last name begins with the letter "S," on 27,295
or before October 1, 1999, and the first day of October of every 27,297
odd-numbered year thereafter; 27,298
(h) Persons whose last name begins with the letters "T" 27,301
through "Z," on or before July 1, 1999, and the first day of July 27,302
of every odd-numbered year thereafter. 27,303
The board shall deposit the fee in accordance with section 27,306
4731.24 of the Revised Code, except that, until July 30, 2001, 27,308
the board shall deposit twenty dollars of the fee into the state 27,309
treasury to the credit of the physician loan repayment fund 27,310
created by section 3702.78 of the Revised Code. 27,311
(2) The board shall mail or cause to be mailed to every 27,314
person registered to practice medicine and surgery, osteopathic 27,315
635
medicine and surgery, or podiatry, an application for 27,316
registration addressed to the person's last known post-office 27,317
address or may cause the application to be sent to the person 27,319
through the secretary of any recognized medical, osteopathic, or 27,320
podiatric society, according to the following schedule: 27,322
(a) To persons whose last name begins with the letters "A" 27,324
through "B," on or before January 1, 2001, and the first day of 27,326
January of every odd-numbered year thereafter; 27,327
(b) To persons whose last name begins with the letters "C" 27,330
through "D," on or before October 1, 2000, and the first day of 27,333
October of every even-numbered year thereafter; 27,334
(c) To persons whose last name begins with the letters "E" 27,337
through "G," on or before July 1, 2000, and the first day of July 27,340
of every even-numbered year thereafter; 27,341
(d) To persons whose last name begins with the letters "H" 27,344
through "K," on or before April 1, 2000, and the first day of 27,347
April of every even-numbered year thereafter; 27,348
(e) To persons whose last name begins with the letters "L" 27,351
through "M," on or before January 1, 2000, and the first day of 27,354
January of every even-numbered year thereafter; 27,355
(f) To persons whose last name begins with the letters "N" 27,358
through "R," on or before October 1, 1999, and the first day of 27,361
October of every odd-numbered year thereafter; 27,362
(g) To persons whose last name begins with the letter "S," 27,365
on or before July 1, 1999, and the first day of July of every 27,367
odd-numbered year thereafter; 27,368
(h) To persons whose last name begins with the letters "T" 27,371
through "Z," on or before April 1, 1999, and the first day of 27,374
April of every odd-numbered year thereafter. 27,375
Failure of any person to receive an application from the 27,378
board shall not excuse the person from the requirements contained 27,379
in this section. The application shall contain proper spaces for 27,380
the applicant's signature and the insertion of the required 27,381
information, including a statement that the person has fulfilled 27,383
636
the continuing education requirements imposed by this section. 27,384
The applicant shall write or cause to be written upon the 27,386
application so furnished the applicant's full name, principal 27,388
practice address and residence address, the number of the 27,390
applicant's certificate to practice, and any other facts for the 27,392
identification of the applicant as a person holding a certificate 27,393
to practice under this chapter as the board considers necessary. 27,394
The applicant shall include with the application a list of the 27,395
names and addresses of any clinical nurse specialists, certified 27,396
nurse-midwives, or certified nurse practitioners with whom the 27,397
applicant is currently collaborating, as defined in section 27,398
4723.02 of the Revised Code. The applicant shall execute and 27,401
deliver the application to the board by mail or in person. Every 27,402
person registered under this section shall give written notice to 27,403
the board of any change of principal practice address or 27,404
residence address or in the list within thirty days of the 27,405
change.
The applicant shall report any criminal offense that 27,407
constitutes grounds for refusal of registration under section 27,408
4731.22 of the Revised Code to which the applicant has pleaded 27,409
guilty, of which the applicant has been found guilty, or for 27,412
which the applicant has been found eligible for treatment in lieu 27,413
of conviction, since last signing an application for a 27,415
certificate of registration.
(C) The board shall issue to any person holding a 27,417
certificate under this chapter to practice medicine and surgery, 27,418
osteopathic medicine and surgery, or podiatry, upon application 27,419
and qualification therefor in accordance with this section, a 27,420
certificate of registration under the seal of the board. A 27,421
certificate of registration shall be valid for a two-year period, 27,422
commencing on the first day of the third month after the 27,424
registration fee is due and expiring on the last day of the month 27,426
two years thereafter. 27,427
The board shall publish and cause to be mailed to each 27,431
637
person registered under this section, upon request, a printed 27,432
list of the persons so registered.
(D) Failure of any certificate holder to register and 27,434
comply with this section shall operate automatically to suspend 27,435
the holder's certificate to practice. Continued practice after 27,438
the suspension of the certificate to practice shall be considered 27,439
as practicing in violation of section 4731.41, 4731.43, or 27,441
4731.60 of the Revised Code. Subject to section 4731.222 of the 27,442
Revised Code, the board shall reinstate a certificate to practice 27,443
for failure to register upon an applicant's submission of the 27,444
biennial registration fee, the applicable monetary penalty, and 27,446
certification by signature of the applicant that the applicant 27,447
has completed the requisite continuing medical education. The 27,448
penalty for reinstatement shall be fifty dollars if the 27,450
certificate has been suspended for two years or less and one 27,451
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 27,452
accordance with section 4731.24 of the Revised Code. 27,454
(E) If an individual certifies completion of the number of 27,456
hours and type of continuing medical education required to 27,458
receive a certificate of registration or reinstatement of a 27,459
certificate to practice, and the board finds through the random 27,460
samples it conducts under this section or through any other means 27,461
that the individual did not complete the requisite continuing 27,462
medical education, the board may impose a civil penalty of not 27,463
more than five thousand dollars. The board's finding shall be 27,464
made pursuant to an adjudication under Chapter 119. of the 27,465
Revised Code and by an affirmative vote of not fewer than six 27,467
members.
A civil penalty imposed under this division may be in 27,469
addition to or in lieu of any other action the board may take 27,470
under section 4731.22 of the Revised Code. The board shall 27,472
deposit civil penalties in accordance with section 4731.24 of the 27,473
Revised Code.
638
(F) The state medical board may obtain information not 27,475
protected by statutory or common law privilege from courts and 27,476
other sources concerning malpractice claims against any person 27,477
holding a certificate to practice under this chapter or 27,478
practicing as provided in section 4731.36 of the Revised Code. 27,479
Sec. 4732.05. The members of the state board of psychology 27,488
AND THE MEMBERS OF THE SCHOOL PSYCHOLOGY EXAMINATION COMMITTEE 27,489
shall receive an amount fixed under division (J) of section 27,490
124.15 of the Revised Code for each day employed in the discharge 27,491
of their official duties, and their necessary expenses while 27,492
engaged therein.
Sec. 4732.14. On or before the thirty-first day of August 27,501
of each even-numbered year, each person licensed by the state 27,502
board of psychology shall register with the board on a form 27,503
prescribed by the board, giving his THE PERSON'S name, address, 27,504
license number, the continuing education information required by 27,506
section 4732.141 of the Revised Code, and such other reasonable 27,507
information as the board requires, and pay to the board secretary 27,509
a biennial registration fee in an amount determined by the board, 27,510
but not to exceed two hundred SEVENTY-FIVE dollars IN FISCAL YEAR 27,511
2000 AND THREE HUNDRED FIFTY DOLLARS IN EACH FISCAL YEAR 27,512
THEREAFTER. A person licensed for the first time on or before 27,514
the thirty-first day of August of an even-numbered year shall 27,515
next be required to register on or before the thirty-first day of 27,516
August of the next even-numbered year.
Before the first day of August of each even-numbered year, 27,519
the secretary shall send a notice to each licensed psychologist 27,520
and licensed school psychologist, whether a resident or not, at 27,521
the licensed psychologist's or licensed school psychologist's 27,522
last known address, that the licensed psychologist's or licensed 27,523
school psychologist's biennial registration form and fee are due 27,524
on or before the last day of August. Before the fifteenth day of 27,525
September of such years, the secretary shall send a second notice 27,526
to each such person who has not paid the registration fee or 27,527
639
registered with the board as required by this section. A license 27,529
of any licensed psychologist or licensed school psychologist 27,530
shall automatically be suspended if the biennial registration fee 27,531
is not paid or the registration form is not received on or before 27,532
the thirtieth day of September of a renewal year. Within five 27,533
years thereafter, the board may reinstate any license so 27,534
suspended upon payment of the current registration fee and a 27,535
penalty not to exceed fifty dollars, as determined by the board, 27,536
and receipt of the registration form completed by the registrant 27,537
in accordance with this section and section 4732.141 of the 27,538
Revised Code or in accordance with any modifications authorized 27,539
by the board under division (F) of section 4732.141 of the 27,540
Revised Code. The board may by rule waive the payment of the
registration fee and completion of the continuing psychology 27,541
education required by section 4732.141 of the Revised Code by a 27,542
licensed psychologist or licensed school psychologist when the 27,543
licensed psychologist or licensed school psychologist is on 27,544
active duty in the armed forces of the United States. 27,545
Each licensed psychologist and licensed school psychologist 27,547
shall notify the secretary of any change in the licensed 27,548
psychologist's or licensed school psychologist's office address 27,549
or employment within ninety days of such change. 27,550
Sec. 4735.06. (A) Application for a license as a real 27,559
estate broker shall be made in writing to the superintendent of 27,560
real estate on blanks FORMS furnished by the superintendent and 27,561
filed with the superintendent and shall be sworn to SIGNED by the 27,563
applicant or its members or officers. Each application shall 27,565
state the name of the person applying and the location of the 27,566
place of business for which the license is desired, and give such 27,567
other information as the superintendent requires in the form of 27,568
application prescribed by the superintendent. 27,569
The application shall be accompanied by a recent photograph 27,571
of the applicant and the names of three resident freeholders of 27,572
the county in which the applicant resides or has his THE 27,573
640
APPLICANT'S place of business. If the applicant has resided, or 27,574
has engaged in the real estate business, for less than one year 27,576
in the county from which the application is made, the application 27,577
shall be accompanied by a recent photograph of the applicant and 27,578
the names of three resident freeholders of each of the counties 27,579
where he THE APPLICANT formerly resided or engaged in the real 27,580
estate business during the period of one year prior to the filing 27,581
of the application. No one of the freeholders shall be related 27,582
to the applicant, and one of them shall be the applicant's most 27,583
recent broker. If the applicant's most recent broker is a 27,584
relative of the applicant or is not a freeholder, the name of a 27,585
third freeholder shall be furnished. The freeholders shall 27,586
furnish information to the superintendent, on forms prescribed by 27,587
the superintendent, concerning the character of the applicant. 27,588
If the applicant maintains more than one place of business within 27,589
the state, he THE APPLICANT shall apply for and procure a 27,590
duplicate license for each branch office so maintained by him THE 27,591
APPLICANT. Each branch office shall be in the charge of a 27,593
licensed broker or salesman SALESPERSON.
If the applicant is a partnership or association, the names 27,595
of all the members also shall be stated, and, if the applicant is 27,596
a corporation, the names of its president and of each of its 27,597
officers also shall be stated. The superintendent has the right 27,598
to reject the application of any partnership, association, or 27,599
corporation if the name proposed to be used by such partnership, 27,600
association, or corporation is likely to mislead the public or if 27,601
the name is not such as to distinguish it from the name of any 27,602
existing partnership, association, or corporation licensed under 27,603
this chapter, unless there is filed with such THE application the 27,605
written consent of such existing partnership, association, or 27,606
corporation, executed by a duly authorized representative of it, 27,607
permitting the use of the name of such existing partnership, 27,608
association, or corporation. 27,609
(B) A fee of sixty-nine dollars shall accompany the 27,612
641
application for a real estate broker's license, which fee shall 27,613
include the license if it is issued. The application fee shall 27,614
be retained by the superintendent if the applicant is admitted to 27,615
the examination for the license or the examination requirement is 27,616
waived, but, if an applicant is not so admitted and a waiver is 27,617
not involved, one-half of the fee shall be retained by the 27,618
superintendent to cover the expenses of processing the 27,619
application and the other one-half shall be returned to the 27,620
applicant. A fee of sixty-nine dollars shall be charged by the 27,622
superintendent for each successive application made by an 27,623
applicant. 27,624
(C) Four dollars of each fee for a real estate broker's 27,627
license shall be credited to the real estate education and 27,628
research fund, which is hereby created in the state treasury. 27,629
The Ohio real estate commission may use the fund in discharging 27,630
the duties prescribed in divisions (E), (F), and (G) of section 27,631
4735.03 of the Revised Code and shall use it in the advancement 27,632
of education and research in real estate at any institution of 27,633
higher education in the state, or in contracting with any such 27,634
institution for a particular research or educational project in 27,635
the field of real estate, or in advancing loans, not exceeding 27,636
eight hundred dollars, to applicants for salesman SALESPERSON 27,637
licenses, to defray the costs of satisfying the educational 27,638
requirements of division (F) of section 4735.09 of the Revised 27,639
Code. Such loans shall be made according to rules established by 27,640
the commission under the procedures of Chapter 119. of the 27,641
Revised Code, and they shall be repaid to the fund within three 27,642
years of the time they are made. No more than ten thousand 27,643
dollars shall be lent from the fund in any one year. 27,644
The governor may appoint a representative from the 27,646
executive branch to be a member ex officio of the commission for 27,647
the purpose of advising on research requests or educational 27,648
projects. The commission shall report to the general assembly on 27,649
the third Tuesday after the third Monday in January of each year 27,650
642
setting forth the total amount contained in the fund and the 27,651
amount of each research grant that it has authorized and the 27,652
amount of each research grant requested. A copy of all research 27,653
reports shall be submitted to the state library of Ohio and the 27,654
library of the legislative service commission. 27,655
(D) If the superintendent, with the consent of the 27,657
commission, enters into an agreement with a national testing 27,658
service to administer the real estate broker's examination, 27,659
pursuant to division (A) of section 4735.07 of the Revised Code, 27,660
the superintendent may require an applicant to pay the TESTING 27,661
SERVICE'S examination fee directly to the testing service. If 27,663
the superintendent requires the payment of the examination fee 27,664
directly to the testing service, the fee which accompanies the 27,665
application for a broker's license shall be reduced by the amount 27,666
paid to the testing service EACH APPLICANT SHALL SUBMIT TO THE 27,667
SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT DETERMINED BY THE 27,668
OHIO REAL ESTATE COMMISSION PURSUANT TO DIVISION (A)(1) OF 27,669
SECTION 4735.10 OF THE REVISED CODE. 27,670
Sec. 4735.07. (A) The superintendent of real estate, with 27,679
the consent of the Ohio real estate commission, may enter into 27,680
agreements with recognized national testing services to 27,681
administer the real estate broker's examination under his THE 27,682
SUPERINTENDENT'S supervision and control, consistent with the 27,683
requirements of this chapter as to the contents of such 27,685
examination.
(B) No person APPLICANT FOR A REAL ESTATE BROKER'S LICENSE 27,687
shall take the broker's examination who has not established to 27,689
the satisfaction of the superintendent that he THE APPLICANT: 27,690
(1) Is honest, truthful, and of good reputation; 27,692
(2)(a) Has not been convicted of a felony or crime of 27,694
moral turpitude, or if he THE APPLICANT has been so convicted, 27,695
the superintendent has disregarded the conviction because the 27,697
applicant has proven to the superintendent, by a preponderance of 27,698
the evidence, that his THE APPLICANT'S activities and employment 27,699
643
record since the conviction show that he THE APPLICANT is honest, 27,701
truthful, and of good reputation, and there is no basis in fact 27,703
for believing that he THE APPLICANT again will violate the laws 27,704
involved;
(b) Has not been finally adjudged by a court to have 27,706
violated any municipal, state, or federal civil rights laws 27,707
relevant to the protection of purchasers or sellers of real 27,708
estate or, if he THE APPLICANT has been so adjudged, at least two 27,710
years have passed since the court decision and the superintendent 27,712
has disregarded the adjudication because the applicant has 27,713
proven, by a preponderance of the evidence, that his THE 27,714
APPLICANT'S activities and employment record since the 27,715
adjudication show that he THE APPLICANT is honest, truthful, and 27,716
of good reputation, and there is no basis in fact for believing 27,717
that he THE APPLICANT will again violate the laws involved; 27,718
(3) Has not, during any period in which he THE APPLICANT 27,720
was licensed under this chapter, violated any provision of, or 27,722
any rule adopted pursuant to, this chapter, or, if he THE 27,723
APPLICANT has violated any such provision or rule, has 27,724
established to the satisfaction of the superintendent that he THE 27,725
APPLICANT will not again violate such provision or rule; 27,726
(4) Is at least eighteen years of age; 27,728
(5) Has been a licensed real estate broker or salesman 27,730
SALESPERSON for at least two years; during at least two of the 27,731
five years preceding his THE PERSON'S application, has worked as 27,733
a licensed real estate broker or salesman SALESPERSON for an 27,735
average of at least thirty hours per week; and has completed one 27,736
of the following:
(a) At least twenty real estate transactions, in which 27,738
property was sold for another by the applicant while acting in 27,739
his THE capacity as OF a real estate broker or salesman 27,741
SALESPERSON;
(b) Such equivalent experience as is defined by rules 27,743
adopted by the commission; 27,744
644
(6)(a) If licensed as a real estate salesman SALESPERSON 27,746
prior to January 1, 1990, successfully has completed at an 27,747
institution of higher education all of the following: 27,748
(i) Thirty hours of classroom instruction in real estate 27,750
practice; 27,751
(ii) Thirty hours of classroom instruction that includes 27,753
the subjects of Ohio real estate law, municipal, state, and 27,754
federal civil rights law, new case law on housing discrimination, 27,755
desegregation issues, and methods of eliminating the effects of 27,756
prior discrimination. If feasible, the classroom instruction in 27,757
Ohio real estate law shall be taught by a member of the faculty 27,758
of an accredited law school. If feasible, the classroom 27,759
instruction in municipal, state, and federal civil rights law, 27,760
new case law on housing discrimination, desegregation issues, and 27,761
methods of eliminating the effects of prior discrimination shall 27,762
be taught by a staff member of the Ohio civil rights commission 27,763
who is knowledgeable with respect to those subjects. The 27,764
requirements of this division do not apply to an applicant who is 27,765
admitted to practice before the supreme court. 27,766
(iii) Thirty hours of classroom instruction in real estate 27,768
appraisal; 27,769
(iv) Thirty hours of classroom instruction in real estate 27,771
finance; 27,772
(v) Three quarter hours, or its equivalent in semester 27,774
hours, in financial management; 27,775
(vi) Three quarter hours, or its equivalent in semester 27,777
hours, in human resource or personnel management; 27,778
(vii) Three quarter hours, or its equivalent in semester 27,780
hours, in applied business economics; 27,781
(viii) Three quarter hours, or its equivalent in semester 27,783
hours, in business law. 27,784
(b) Division (B)(6)(a) of this section does not apply to 27,786
any applicant who holds a valid real estate salesman's 27,787
SALESPERSON'S license issued prior to January 2, 1972, or to 27,788
645
applicants for a limited real estate broker's or salesman's 27,790
SALESPERSON'S license. Divisions (B)(6)(a)(v), (vi), (vii), and 27,791
(viii) of this section do not apply to any applicant who holds a 27,792
valid real estate salesman's SALESPERSON'S license issued prior 27,793
to January 3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 27,795
or after January 3, 1984, satisfactorily has completed a minimum 27,796
of two years of post-secondary education, or its equivalent in 27,797
semester or quarter hours, at an institution of higher education, 27,798
and has fulfilled the requirements of division (B)(6)(a) of this 27,799
section. The requirements of division (B)(6)(a) of this section 27,800
may be included in the two years of post-secondary education, or 27,801
its equivalent in semester or quarter hours, that is required by 27,802
this division. 27,803
(C) Each applicant for a broker's license shall be 27,805
examined in the principles of real estate practice, Ohio real 27,806
estate law, and financing and appraisal, and as to the duties of 27,807
real estate brokers and real estate salesmen SALESPERSONS, the 27,808
applicant's knowledge of real estate transactions and instruments 27,809
relating to them, and the canons of business ethics pertaining to 27,810
them. The commission from time to time shall promulgate such 27,811
canons and cause them to be published in printed form. 27,812
Each applicant for a limited real estate broker's or 27,814
limited real estate salesman's SALESPERSON'S license shall be 27,815
examined only in the areas specified in section 4735.091 of the 27,816
Revised Code.
(D) Examinations shall be given entirely in writing, 27,818
except that they shall be administered orally or in braille to 27,819
the blind, as defined in section 5109.15 of the Revised Code, or 27,820
orally to an individual whose physical disability, as supported 27,821
by a physician's statement, renders it impossible to take a 27,822
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 27,823
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 27,825
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 27,826
646
examination shall be consistent with the requirements of division 27,829
(B)(6)(a) of this section and with the other specific 27,830
requirements of this section. An applicant who has completed the 27,831
requirements of division (B)(6)(a) of this section at the time of 27,832
application may be examined at the next regularly scheduled 27,833
examination after he THE APPLICANT is notified of his admission 27,834
to the examination.
(E) The superintendent may waive the requirement of 27,836
examination in the case of an application from a nonresident real 27,837
estate broker of a state having similar requirements and under 27,838
the laws of which similar recognition is extended to licensed 27,839
real estate brokers and real estate salesmen SALESPERSONS of this 27,841
state.
(F) There shall be no limit placed on the number of times 27,843
an applicant may retake the examination. 27,844
(G) The superintendent in his THE SUPERINTENDENT'S 27,846
discretion may waive the requirement of examination if the 27,848
applicant has been licensed as a real estate broker by the 27,849
superintendent or commission at some time during the two-year 27,850
period immediately preceding the date of the current application. 27,851
(H)(1) Within twelve months from the date of issuance of 27,853
any real estate broker's license issued on or after January 1, 27,854
1990, the EACH licensee successfully shall complete, at an 27,855
institution of higher education or any other institution that is 27,857
approved by the commission, ten hours of classroom instruction in 27,858
real estate brokerage. That instruction shall include, but not 27,859
be limited to, current issues in managing a real estate company 27,860
or office. Upon completion of the instruction, the licensee shall 27,861
cause to be filed with the superintendent a certificate from the 27,862
institution showing that he THE LICENSEE successfully has 27,863
completed the requirements of this division IN ACCORDANCE WITH 27,865
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 27,866
(a) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 27,868
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 27,870
647
COMPLETION OF INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 27,872
MONTHS AFTER THE DATE OF ISSUANCE OF THE SALESPERSON'S LICENSE;
(b) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 27,874
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF INSTRUCTION TO THE 27,876
SUPERINTENDENT ON OR BEFORE THE DATE THE LICENSEE'S FIRST 27,878
CONTINUING EDUCATION REQUIREMENT, AFTER LICENSURE AS A 27,879
SALESPERSON, MUST BE MET UNDER SECTION 4735.141 OF THE REVISED 27,880
CODE.
If the instruction is not successfully completed within 27,882
twelve months THE TIME PERIOD PRESCRIBED BY THIS DIVISION, the 27,883
license of the real estate broker is suspended automatically 27,885
without the taking of any action by the commission. The broker 27,886
then shall have one year after the date of the suspension of his 27,887
THE BROKER'S license to successfully complete the instruction 27,889
required under this division, and his THE BROKER'S license shall 27,890
not be reinstated by the superintendent until it is established,
to the satisfaction of the superintendent, that the requirements 27,891
of this division have been met. 27,892
(2) If the license of a real estate broker is suspended 27,894
pursuant to division (H)(1) of this section, the license of a 27,895
real estate salesman SALESPERSON associated with that broker 27,896
correspondingly is suspended pursuant to division (B) of section 27,898
4735.20 of the Revised Code. However, the suspended license of 27,899
the associated real estate salesman SALESPERSON shall be 27,900
reinstated REACTIVATED and no fee shall be charged or collected 27,902
for that reinstatement REACTIVATION if all of the following 27,904
occur:
(a) That broker subsequently submits satisfactory proof to 27,906
the superintendent that he THE BROKER has complied with the 27,907
requirements of division (H)(1) of this section and requests that 27,909
his THE BROKER'S license as a real estate broker be reinstated 27,910
REACTIVATED; 27,911
(b) The superintendent then reinstates his REACTIVATES THE 27,913
BROKER'S license as a real estate broker; 27,915
648
(c) The associated real estate salesman SALESPERSON 27,917
intends to continue to be associated with that broker and 27,918
otherwise is in compliance with this chapter. 27,919
Sec. 4735.09. (A) Application for a license as a real 27,929
estate salesman SALESPERSON shall be made in writing to the 27,930
superintendent of real estate on blanks FORMS furnished by the 27,931
superintendent and signed and sworn to by the applicant. The 27,934
application shall be in the form prescribed by the superintendent 27,935
and shall contain such information as is required by this chapter 27,936
and the rules of the Ohio real estate commission. The 27,937
application shall be accompanied by a recent photograph of the 27,938
applicant and the recommendation of the real estate broker with 27,939
whom he THE APPLICANT is associated or with whom he THE APPLICANT 27,940
intends to be associated, certifying that the applicant is 27,942
honest, truthful, and of good reputation, has not been convicted 27,943
of a felony or a crime involving moral turpitude, and has not 27,944
been finally adjudged by a court to have violated any municipal, 27,945
state, or federal civil rights laws relevant to the protection of 27,946
purchasers or sellers of real estate, which conviction or 27,947
adjudication the applicant has not disclosed to the 27,948
superintendent, and recommending that the applicant be admitted 27,949
to the examination for real estate salesman. 27,950
(B) A fee of forty-nine dollars shall accompany the 27,953
application, which fee shall include the license if it is issued. 27,954
The application fee shall be retained by the superintendent if 27,955
the applicant is admitted to the examination for the license or 27,956
the examination requirement is waived, but, if an applicant is 27,957
not so admitted and a waiver is not involved, one-half of the fee 27,958
shall be retained by the superintendent to cover the expenses of 27,959
processing the application and the other one-half shall be 27,960
returned to the applicant. A fee of forty-nine dollars shall be 27,962
charged by the superintendent for each successive application 27,963
made by the applicant. Four dollars of each fee shall be 27,965
credited to the real estate education and research fund. 27,966
649
(C) There shall be no limit placed on the number of times 27,968
an applicant may retake the examination. 27,969
(D) The superintendent, with the consent of the 27,971
commission, may enter into an agreement with a recognized 27,972
national testing service to administer the real estate salesman's 27,973
SALESPERSON'S examination under his THE SUPERINTENDENT'S 27,974
supervision and control, consistent with the requirements of this 27,976
chapter as to the contents of such THE examination. 27,977
If the superintendent, with the consent of the commission, 27,979
enters into an agreement with a national testing service to 27,980
administer the real estate salesman's SALESPERSON'S examination, 27,981
the superintendent may require an applicant to pay the TESTING 27,982
SERVICE'S examination fee directly to the testing service. If 27,984
the superintendent requires the payment of the examination fee 27,985
directly to the testing service, the fee which accompanies the 27,986
application to take the salesman's examination shall be reduced 27,987
by the amount paid to the testing service EACH APPLICANT SHALL 27,988
SUBMIT TO THE SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT 27,989
DETERMINED BY THE OHIO REAL ESTATE COMMISSION PURSUANT TO 27,990
DIVISION (A)(1) OF SECTION 4735.10 OF THE REVISED CODE. 27,991
(E) The superintendent shall issue a real estate 27,993
salesman's SALESPERSON'S license when satisfied that the 27,994
applicant has received a grade of seventy-five per cent or better 27,996
on the salesman's SALESPERSON'S examination, except that the 27,997
superintendent may waive the requirement of examination if the 27,998
applicant was licensed by the commission or superintendent at 27,999
some time within the two-year period immediately preceding the 28,000
date of the current application IS A LICENSED REAL ESTATE 28,002
SALESPERSON IN ANOTHER STATE AND THAT STATE DOES BOTH OF THE 28,003
FOLLOWING:
(1) IT APPLIES LICENSING REQUIREMENTS SIMILAR TO THOSE 28,005
APPLIED IN THIS STATE AS DETERMINED BY THE SUPERINTENDENT. 28,006
(2) IT EXTENDS SIMILAR RECIPROCITY TO LICENSED REAL ESTATE 28,008
SALESPERSONS IN THIS STATE. 28,009
650
(F) No person APPLICANT FOR A SALESPERSON'S LICENSE shall 28,011
take the salesman's SALESPERSON'S examination who has not 28,013
established to the satisfaction of the superintendent that he THE 28,014
APPLICANT:
(1) Is honest, truthful, and of good reputation; 28,016
(2)(a) Has not been convicted of a felony or crime of 28,018
moral turpitude or, if he THE APPLICANT has been so convicted, 28,019
the superintendent has disregarded the conviction because the 28,021
applicant has proven to the superintendent, by a preponderance of 28,022
the evidence, that his THE APPLICANT'S activities and employment 28,023
record since the conviction show that he THE APPLICANT is honest, 28,025
truthful, and of good reputation, and there is no basis in fact 28,027
for believing that he THE APPLICANT again will violate the laws 28,028
involved;
(b) Has not been finally adjudged by a court to have 28,030
violated any municipal, state, or federal civil rights laws 28,031
relevant to the protection of purchasers or sellers of real 28,032
estate or, if he THE APPLICANT has been so adjudged, at least two 28,034
years have passed since the court decision and the superintendent 28,035
has disregarded the adjudication because the applicant has 28,036
proven, by a preponderance of the evidence, that he THE APPLICANT 28,037
is honest, truthful, and of good reputation, and there is no 28,038
basis in fact for believing that he THE APPLICANT again will 28,040
violate the laws involved.
(3) Has not, during any period in which he THE APPLICANT 28,042
was licensed under this chapter, violated any provision of, or 28,043
any rule adopted pursuant to this chapter, or, if he THE 28,044
APPLICANT has violated such provision or rule, has established to 28,045
the satisfaction of the superintendent that he THE APPLICANT will 28,046
not again violate such provision or rule; 28,047
(4) Is at least eighteen years of age; 28,049
(5) If born after the year 1950, has a high school diploma 28,051
or its equivalent as recognized by the state department of 28,052
education; 28,053
651
(6)(a) Has successfully completed at an institution of 28,055
higher education all of the following: 28,056
(i) Thirty hours of classroom instruction in real estate 28,058
practice; 28,059
(ii) Thirty hours of classroom instruction that includes 28,061
the subjects of Ohio real estate law, municipal, state, and 28,062
federal civil rights law, new case law on housing discrimination, 28,063
desegregation issues, and methods of eliminating the effects of 28,064
prior discrimination. If feasible, the classroom instruction in 28,065
Ohio real estate law shall be taught by a member of the faculty 28,066
of an accredited law school. If feasible, the classroom 28,067
instruction in municipal, state, and federal civil rights law, 28,068
new case law on housing discrimination, desegregation issues, and 28,069
methods of eliminating the effects of prior discrimination shall 28,070
be taught by a staff member of the Ohio civil rights commission 28,071
who is knowledgeable with respect to those subjects. The 28,072
requirements of this division do not apply to an applicant who is 28,073
admitted to practice before the supreme court. 28,074
(iii) Thirty hours of classroom instruction in real estate 28,076
appraisal; 28,077
(iv) Thirty hours of classroom instruction in real estate 28,079
finance. 28,080
(b) Any person who has not been licensed as a real estate 28,082
salesman SALESPERSON or broker within a four-year period 28,083
immediately preceding his THE PERSON'S current application for 28,084
the salesman's SALESPERSON'S examination shall have successfully 28,085
completed the classroom instruction required by division 28,087
(F)(6)(a) of this section within a ten-year period immediately 28,088
preceding his THE PERSON'S current application for the salesman's 28,089
SALESPERSON'S examination.
(G) Within twelve months from the date of issuance of any 28,091
real estate salesman's license issued on or after January 4, 28,093
1988, and prior to January 1, 1990, or within twenty-four months
from the date of issuance of any real estate salesman's license 28,095
652
issued on or after January 1, 1987, and prior to January 4, 1988, 28,096
the licensee shall submit proof of successful completion, at an 28,097
institution of higher education, of thirty hours of classroom 28,098
instruction in both real estate appraisal and real estate 28,099
finance. Within twelve months from the date of issuance of any 28,100
real estate saleman's license issued on or after January 1, 1990, 28,102
the EACH licensee shall submit proof of successful completion, at 28,103
an institution of higher education or any other institution 28,105
approved by the commission, of ten hours of classroom instruction 28,106
in real estate courses that cover current issues regarding 28,107
consumers, real estate practice, ethics, and real estate law. 28,108
Upon completion of the instruction, the licensee shall cause to 28,109
have filed with the superintendent a certificate from the 28,110
institution showing that he THE LICENSEE successfully has 28,111
completed the requirements of this division IN ACCORDANCE WITH 28,114
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 28,115
(1) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 28,117
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 28,118
COMPLETION OF THE INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 28,120
MONTHS AFTER THE DATE OF ISSUANCE OF THE REAL ESTATE BROKER'S 28,121
LICENSE;
(2) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 28,123
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF THE INSTRUCTION TO THE 28,124
SUPERINTENDENT ON OR BEFORE THE LICENSEE'S FIRST CONTINUING 28,126
EDUCATION REQUIREMENT, AFTER LICENSURE AS A BROKER, MUST BE MET 28,127
UNDER SECTION 4735.141 OF THE REVISED CODE. If 28,128
IF proof of successful completion of the required 28,130
instruction is not submitted within the time period prescribed by 28,131
this division, his THE LICENSEE'S license is suspended 28,132
automatically without the taking of any action by the commission. 28,134
The superintendent immediately shall notify the broker with whom 28,135
such salesman SALESPERSON is associated of the suspension of his 28,136
THE SALESPERSON'S license. A salesman SALESPERSON whose license 28,137
has been suspended under this division shall have one year after 28,138
653
the date of the suspension of the SALESPERSON'S license to submit 28,139
proof of successful completion of the instruction required under 28,141
this division. No such license shall be reinstated REACTIVATED 28,142
by the superintendent until it is established, to the 28,145
satisfaction of the superintendent, that the requirements of this 28,146
division have been met. 28,147
(H) Examinations shall be given entirely in writing, 28,149
except that they shall be administered orally or in braille to 28,150
the blind, as defined in section 5109.15 of the Revised Code, or 28,151
orally to an individual whose physical disability, as supported 28,152
by a physician's statement, renders it impossible to take a 28,153
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 28,154
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 28,156
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 28,157
examination shall be consistent with the classroom instructional 28,159
requirements of division (F)(6)(a) of this section. All persons 28,160
whose applications are pending shall be notified by mail at least 28,161
sixty days prior to such examination, except that an applicant 28,162
who has completed the classroom instructional requirements of 28,163
division (F)(6)(a) of this section at the time of application may 28,164
be examined at the next regularly scheduled examination after he 28,165
THE APPLICANT is notified of his THE APPLICANT'S admission to the 28,167
examination. Nothing in this section shall be construed to 28,169
prevent an applicant from completing, in the discretion of the 28,170
superintendent, the classroom instructional requirements of 28,171
division (F)(6)(a) of this section concurrently with the 28,172
processing of his THE APPLICANT'S application for examination. 28,173
Sec. 4735.14. (A) Each license issued under this chapter, 28,183
shall be valid without further recommendation or examination 28,184
until CANCELED, revoked or, suspended, OR SUCH LICENSE EXPIRES BY 28,186
OPERATION OF LAW.
(B) Each real estate LICENSED broker licensee, BROKERAGE, 28,189
OR SALESPERSON shall file, on or before the date the Ohio real 28,191
estate commission has adopted by rule for that licensee in 28,192
654
accordance with division (A)(2)(e) of section 4735.10 of the
Revised Code, a certificate of continuation in business on a form 28,193
prescribed by the superintendent of real estate listing all real 28,194
estate salespersons. The certificate of continuation in business 28,196
shall be mailed by the superintendent to the licensee's place of 28,197
business PERSONAL RESIDENCE OF EACH BROKER OR SALESPERSON AND THE 28,198
PLACE OF BUSINESS OF THE BROKERAGE two months prior to THE filing 28,199
deadline.
(C) The license of any real estate broker, BROKERAGE, or 28,202
salesperson who THAT fails to file a certificate of continuation 28,203
prior to ON OR BEFORE the filing deadline of each ensuing year 28,205
shall be revoked, unless the superintendent, for good cause 28,206
shown, determines that the certificate of continuation could not 28,207
have been filed by the filing deadline, but is filed within 28,208
fifteen days from that date CANCELED. A CANCELED LICENSE MAY BE 28,209
REACTIVATED WITHIN ONE YEAR OF CANCELLATION, PROVIDED THAT THE 28,210
RENEWAL FEE PLUS A PENALTY FEE OF FIFTY PER CENT OF THE RENEWAL 28,211
FEE IS PAID TO THE SUPERINTENDENT. FAILURE TO REACTIVATE THE 28,212
LICENSE AS PROVIDED IN THIS DIVISION SHALL RESULT IN REVOCATION
OF THE LICENSE. NO PERSON, PARTNERSHIP, ASSOCIATION, 28,213
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNERSHIP 28,214
SHALL ENGAGE IN ANY ACT OR ACTS FOR WHICH A REAL ESTATE LICENSE 28,215
IS REQUIRED WHILE THAT ENTITY'S LICENSE IS CANCELED OR REVOKED. 28,216
Sec. 4735.141. (A) Except as otherwise provided in this 28,226
division, on or before January 31, 1983, and on or before the 28,227
thirty-first day of January of every third year thereafter, each 28,228
licensee who was licensed by the state prior to January 1, 1980, 28,229
as a real estate broker or salesperson shall submit proof 28,230
satisfactory to the superintendent of real estate that the 28,231
licensee has satisfactorily completed, during the preceding three 28,232
years, thirty classroom hours of continuing education as 28,233
prescribed by the Ohio real estate commission pursuant to section 28,234
4735.10 of the Revised Code. Persons licensed as real estate 28,235
salespersons within the state on or after January 1, 1980, shall 28,236
655
submit the proof to the superintendent on or before the last day 28,237
of the month of the third year directly following the filing of 28,238
the certificate prescribed in division (G) of section 4735.09 of 28,239
the Revised Code, and every third year thereafter. Persons EACH 28,240
PERSON LICENSED UNDER SECTION 4735.07 OR 4735.09 OF THE REVISED 28,242
CODE SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT OF 28,244
REAL ESTATE THAT THE LICENSEE HAS SATISFACTORILY COMPLETED THIRTY 28,245
CLASSROOM HOURS OF CONTINUING EDUCATION, AS PRESCRIBED BY THE 28,246
OHIO REAL ESTATE COMMISSION PURSUANT TO SECTION 4735.10 OF THE 28,247
REVISED CODE, ON OR BEFORE THE LICENSEE'S BIRTHDAY OCCURRING 28,249
THREE YEARS AFTER THE LICENSEE'S DATE OF INITIAL LICENSURE, AND 28,250
ON OR BEFORE THE LICENSEE'S BIRTHDAY EVERY THREE YEARS
THEREAFTER. 28,251
PERSONS licensed as real estate salespersons who 28,254
subsequently become licensed real estate brokers, shall continue 28,255
to submit proof of continuing education on IN ACCORDANCE WITH the 28,256
schedule TIME PERIOD established when they were licensed real 28,259
estate salespersons. The IN THIS SECTION. 28,260
THE requirements of this section shall not apply to persons 28,263
licensed under section 4735.091 of the Revised Code or to any 28,264
physically handicapped licensee as provided in division (E) of
this section. 28,265
Each licensee who is seventy years of age or older on the 28,267
effective date of this amendment, and each licensee who will be 28,269
seventy years of age or older within three years after the 28,270
effective date of this amendment JUNE 14, 1999, shall submit 28,271
proof satisfactory to the superintendent OF REAL ESATE that the 28,272
licensee has satisfactorily completed during the three-year 28,274
period commencing on the effective date of this amendment, and 28,275
every three-year period thereafter, IN ACCORDANCE WITH THE TIME 28,276
PERIOD ESTABLISHED IN THIS SECTION a total of nine classroom 28,278
hours of continuing education, including instruction in Ohio real 28,279
estate law; recently enacted state and federal laws affecting the 28,280
real estate industry; municipal, state, and federal civil rights 28,282
656
law; and canons of ethics for the real estate industry as adopted 28,283
by the commission. The commission shall adopt reasonable rules 28,284
in accordance with Chapter 119. of the Revised Code to carry out 28,286
the purposes of this paragraph.
A person providing any course of continuing education may 28,288
administer examinations to licensees for the purpose of 28,289
evaluating the effectiveness of the course, but passage of an 28,290
examination by a licensee shall not be a condition for successful 28,291
completion of the continuing education requirements of this 28,292
section. 28,293
(B) The continuing education requirements of this section 28,295
shall be completed in schools, seminars, and educational 28,296
institutions approved by the commission. Such approval shall be 28,297
given according to rules established by the commission under the 28,298
procedures of Chapter 119. of the Revised Code, and shall not be 28,299
limited to institutions providing two-year or four-year degrees. 28,300
Each school, seminar, or educational institution approved under 28,301
this division shall be open to all licensees on an equal basis. 28,302
(C) If the requirements of this section are not met by a 28,304
licensee within the period specified, the licensee's license 28,305
shall be suspended automatically without the taking of any action 28,306
by the superintendent. The superintendent shall notify the 28,307
licensee of the license suspension. Any license so suspended 28,308
shall remain suspended until it is reinstated REACTIVATED by the 28,309
superintendent. No such license shall be reinstated REACTIVATED 28,311
until it is established, to the satisfaction of the 28,313
superintendent, that the requirements of this section have been 28,314
met. If the requirements of this section are not met within two 28,315
years ONE YEAR from the date the license was suspended, the 28,317
license shall be revoked automatically without the taking of any 28,318
action by the commission. A person whose license has been 28,319
revoked and whose revoked license was issued prior to January 1, 28,320
1980, may have the person's license reinstated REACTIVATED by the 28,321
superintendent at any time after it has been revoked upon 28,322
657
submitting proof satisfactory to the superintendent that the 28,323
person has satisfactorily completed during the period since the 28,324
revocation of the person's license thirty classroom hours of 28,325
continuing education as prescribed by the commission pursuant to 28,326
section 4735.10 of the Revised Code. Upon reinstatement 28,327
REACTIVATION of the person's license, the licensee shall comply 28,329
with the educational requirements of division (A)(5) of this 28,330
section.
(D) If the license of a real estate broker is suspended 28,332
pursuant to division (C) of this section, the license of a real 28,334
estate salesperson associated with that broker correspondingly is 28,336
suspended pursuant to division (B) of section 4735.20 of the 28,337
Revised Code. However, the suspended license of the associated 28,338
real estate salesperson shall be reinstated REACTIVATED and no 28,339
fee shall be charged or collected for that reinstatement 28,342
REACTIVATION if all of the following occur: 28,345
(1) That broker subsequently submits proof to the 28,347
superintendent that the broker has complied with the requirements 28,348
of this section and requests that the broker's license as a real 28,349
estate broker be reinstated; REACTIVATED. 28,350
(2) The superintendent then reinstates REACTIVATES the 28,352
broker's license as a real estate broker;. 28,354
(3) The associated real estate salesperson intends to 28,356
continue to be associated with that broker, has complied with the 28,357
requirements of this section, and otherwise is in compliance with 28,358
this chapter. 28,359
ANY PERSON WHOSE LICENSE IS REACTIVATED PURSUANT TO THIS 28,361
DIVISION SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT 28,362
THAT THE PERSON HAS COMPLETED THIRTY HOURS OF CONTINUING 28,363
EDUCATION, AS PRESCRIBED BY THE OHIO REAL ESTATE COMMISSION, ON 28,364
OR BEFORE THE THIRD YEAR FOLLOWING THE LICENSEE'S BIRTHDAY 28,365
OCCURRING IMMEDIATELY AFTER REACTIVATION. 28,366
(E) Any licensee who is a physically handicapped licensee 28,368
at any time during the last three months of the third year of the 28,369
658
licensee's continuing education reporting period may receive an 28,370
extension of time to submit proof to the superintendent that the 28,371
licensee has satisfactorily completed the required thirty hours 28,372
of continuing education. To receive an extension of time, the 28,373
licensee shall submit a request to the division of real estate 28,374
for the extension and proof satisfactory to the commission that 28,375
the licensee was a physically handicapped licensee at some time 28,376
during the last three months of the three-year reporting period. 28,377
The proof shall include, but is not limited to, a signed 28,378
statement by the licensee's attending physician describing the 28,379
physical disability, certifying that the licensee's disability is 28,380
of such a nature as to prevent the licensee from attending any 28,381
classroom instruction lasting at least three hours in duration, 28,382
and stating the expected duration of the physical disability. 28,383
The licensee shall request the extension and provide the 28,384
physician's statement to the division no later than one month
prior to the end of the licensee's three-year continuing 28,385
education reporting period, unless the physical disability did 28,386
not arise until the last month of the three-year reporting 28,387
period, in which event the licensee shall request the extension 28,388
and provide the physician's statement as soon as practical after 28,389
the occurrence of the physical disability. A licensee granted an 28,390
extension pursuant to this division who is no longer a physically 28,391
handicapped licensee and who submits proof of completion of the 28,392
continuing education during the extension period, shall submit, 28,393
for future continuing education reporting periods, proof of 28,394
completion of the continuing education requirements according to 28,395
the schedule established in division (A) of this section. 28,396
Sec. 4736.12. (A) The state board of sanitarian 28,405
registration shall charge the following fees: 28,406
(1) To apply as a sanitarian-in-training, forty-five 28,408
FIFTY-FIVE dollars; 28,409
(2) For sanitarians-in-training to apply for registration 28,411
as sanitarians, forty-five FIFTY-FIVE dollars. The applicant 28,412
659
shall pay this fee only once regardless of the number of times 28,414
the applicant takes an examination required under section 4736.08 28,415
of the Revised Code.
(3) For persons other than sanitarians-in-training to 28,417
apply for registration as sanitarians, including persons meeting 28,418
the requirements of section 4736.16 of the Revised Code, ninety 28,419
ONE HUNDRED TEN dollars. The applicant shall pay this fee only 28,421
once regardless of the number of times the applicant takes an 28,422
examination required under section 4736.08 of the Revised Code. 28,423
(4) The renewal fee for registered sanitarians shall be 28,425
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 28,426
dollars and fifty cents. 28,428
(5) The renewal fee for sanitarians-in-training shall be 28,430
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 28,431
dollars and fifty cents. 28,433
(6) FOR LATE APPLICATION FOR RENEWAL, TWENTY-FIVE DOLLARS. 28,435
The board of sanitarian registration, with the approval of 28,437
the controlling board, may establish fees in excess of the 28,438
amounts provided in this section, provided that such fees do not 28,439
exceed the amounts permitted by this section by more than fifty 28,440
per cent. 28,441
(B) The board of sanitarian registration shall charge 28,443
separate fees for examinations as required by section 4736.08 of 28,444
the Revised Code, provided that the fees are not in excess of the 28,445
actual cost to the board of conducting the examinations. 28,446
(C) THE BOARD OF SANITARIAN REGISTRATION MAY ADOPT RULES 28,448
ESTABLISHING FEES FOR ALL OF THE FOLLOWING: 28,449
(1) APPLICATION FOR THE REGISTRATION OF A TRAINING AGENCY 28,451
APPROVED UNDER RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 28,452
4736.11 OF THE REVISED CODE AND FOR THE ANNUAL REGISTRATION 28,453
RENEWAL OF AN APPROVED TRAINING AGENCY.
(2) APPLICATION FOR THE REVIEW OF CONTINUING EDUCATION 28,455
HOURS SUBMITTED FOR THE BOARD'S APPROVAL BY APPROVED TRAINING 28,456
AGENCIES OR BY REGISTERED SANITARIANS OR SANITARIANS-IN-TRAINING. 28,457
660
Sec. 4741.17. (A) Applicants or registrants shall pay to 28,466
the state veterinary medical licensing board: 28,467
(1) For an initial VETERINARY license based on 28,469
examination, ON OR AFTER THE FIRST DAY OF MARCH in an 28,470
even-numbered year, three hundred seventy-five dollars, and ON OR 28,472
AFTER THE FIRST DAY OF MARCH in an odd-numbered year, two hundred 28,473
fifty dollars; 28,474
(2) For a VETERINARY license by reciprocity issued ON OR 28,476
AFTER THE FIRST DAY OF MARCH in an even-numbered year, four 28,478
hundred twenty-five dollars, and ON OR AFTER THE FIRST DAY OF 28,479
MARCH in an odd-numbered year, three hundred dollars; 28,480
(3) For a VETERINARY temporary permit, one hundred 28,482
dollars;
(4) For a duplicate license, thirty-five dollars; 28,484
(5) For the VETERINARY biennial renewal fee, where the 28,486
application is postmarked no later than the first day of March, 28,487
one hundred twenty-five FIFTY-FIVE dollars; where the application 28,488
is postmarked after the first day of March, but no later than the 28,491
first day of April, one TWO hundred seventy-five TWENTY-FIVE 28,492
dollars; and where the application is postmarked after the first 28,495
day of April, two FOUR hundred twenty-five FIFTY dollars; 28,497
(6) FOR AN INITIAL REGISTERED VETERINARY TECHNICIAN 28,499
REGISTRATION FEE ON OR AFTER THE FIRST DAY OF MARCH IN AN 28,500
ODD-NUMBERED YEAR, THIRTY-FIVE DOLLARS, AND ON OR AFTER THE FIRST 28,501
DAY OF MARCH IN AN EVEN-NUMBERED YEAR, TWENTY-FIVE DOLLARS; 28,502
(7) For the biennial RENEWAL registration fee of a 28,504
registered veterinary technician, where the application is 28,506
postmarked no later than the first day of March, twenty-five 28,507
THIRTY-FIVE dollars; where the application is postmarked after 28,510
the first day of March, but no later than the first day of April, 28,511
thirty FORTY-FIVE dollars; and where the application is 28,513
postmarked after the first day of April, thirty-five SIXTY 28,514
dollars;
(7)(8) For a specialist certificate, fifty dollars. The 28,516
661
certificate is not subject to renewal. 28,517
(8)(9) For the reinstatement of a suspended license, 28,519
seventy-five dollars; 28,521
(9)(10) For examinations offered by the board, a fee, 28,523
which shall be established by the board, in an amount adequate to 28,525
cover the expense of procuring, administering, and scoring 28,526
examinations.
(B) The board, subject to the approval of the controlling 28,528
board, may establish fees in excess of the amounts provided in 28,529
this section, provided that the fees do not exceed the amounts 28,530
permitted by this section by more than fifty per cent. 28,531
(C) For the purposes of divisions (A)(5) and (6)(7) of 28,533
this section, a date stamp of the office of the board may serve 28,534
in lieu of a postmark. 28,535
Sec. 4741.19. (A) Unless exempted under this chapter, no 28,544
person shall practice veterinary medicine, or any of its 28,545
branches, without a license issued by the board pursuant to 28,546
sections 4741.11 to 4741.13 of the Revised Code, a temporary 28,547
permit issued pursuant to section 4741.14 of the Revised Code, or 28,548
a registration certificate issued pursuant to division (C) of 28,549
this section, or with an inactive, expired, suspended, 28,550
terminated, or revoked license, temporary permit, or 28,551
registration. 28,552
(B) No veterinary student extern shall: 28,554
(1) Perform or assist surgery unless under the direct 28,556
supervision of a licensed veterinarian and unless the extern has 28,557
had the minimum education and experience prescribed by rule of 28,558
the board; 28,559
(2) Engage in any other work related to the practice of 28,561
veterinary medicine unless under the direct supervision of a 28,562
licensed veterinarian; 28,563
(3) Participate in the operation of a branch office, 28,565
clinic, or allied establishment unless a licensed veterinarian is 28,566
present on the establishment premises. 28,567
662
(C) No person shall act as a registered veterinary 28,569
technician unless he THE PERSON is registered with the board on a 28,571
biennial basis and pays the biennial registration fee. A
registered veterinary technician registration expires biennially 28,572
on the first day of March in the odd-numbered years, and may be 28,573
renewed in accordance with the standard renewal procedures 28,574
contained in Chapter 4745. of the Revised Code upon payment of 28,575
the biennial registration fee and fulfillment of ten continuing 28,576
education hours during the two years immediately preceding 28,577
renewal for registration. Each registered veterinary technician 28,578
shall notify in writing, the secretary of the board of any change 28,579
in his THE REGISTERED VETERINARY TECHNICIAN'S office address or 28,581
employment within ninety days after the change has taken place. 28,582
A registered veterinary technician operating under the 28,584
supervision of a licensed veterinarian may perform the following 28,585
duties: 28,586
(1) Prepare or supervise the preparation of patients, 28,588
instruments, equipment, and medications for surgery; 28,589
(2) Induce and monitor general anesthesia according to 28,591
medically recognized and appropriate methods; 28,592
(3) Collect or supervise the collection of specimens and 28,594
perform laboratory procedures as required by the supervising 28,595
veterinarian; 28,596
(4) Apply wound dressings, casts, or splints as required 28,598
by the supervising veterinarian; 28,599
(5) Assist a veterinarian in immunologic, diagnostic, 28,601
medical, and surgical procedures; 28,602
(6) Suture skin incisions; 28,604
(7) Dental prophylaxis; 28,606
(8) Administer or supervise the administration of topical, 28,608
oral, or parenteral medication under the direction of the 28,609
supervising veterinarian; 28,610
(9) Other ancillary veterinary technician functions that 28,612
are performed pursuant to the order and control and under the 28,613
663
full responsibility of a licensed veterinarian. 28,614
The degree of supervision by a licensed veterinarian over 28,616
the functions performed by the registered veterinary technician 28,617
shall be consistent with the standards of generally accepted 28,618
veterinary medical practices. 28,619
(D) A veterinarian licensed to practice in this state 28,621
shall not hold himself ONESELF out as a specialist unless he THE 28,624
VETERINARIAN has previously met the requirements of the American
veterinary medical association for a specialty or such other 28,625
requirements set by rule of the board and has paid the fee 28,626
required by division (A)(7)(8) of section 4741.17 of the Revised 28,627
Code.
(E) Notwithstanding division (A) of this section, any 28,629
animal owner or his THE OWNER'S designee may engage in the 28,630
practice of embryo transfer on the owner's animal if a licensed 28,631
veterinarian directly supervises the owner or his THE OWNER'S 28,632
designee and the means used to perform the embryo transfer are 28,633
nonsurgical.
Sec. 4747.05. (A) The hearing aid dealers and fitters 28,642
licensing board shall issue to each applicant, within sixty days 28,643
of receipt of a properly completed application and payment of two 28,644
hundred FIFTY dollars, a hearing aid dealer's or fitter's license 28,645
if the applicant, if an individual: 28,646
(1) Is at least eighteen years of age; 28,648
(2) Is a person of good moral character; 28,650
(3) Is free of contagious or infectious disease; 28,652
(4) Has successfully passed a qualifying examination 28,654
specified and administered by the board. 28,655
(B) If the applicant is a firm, partnership, association, 28,657
or corporation, the application, in addition to such information 28,658
as the board requires, shall be accompanied by an application for 28,659
a license for each person, whether owner or employee, of the 28,660
firm, partnership, association, or corporation, who engages in 28,661
dealing in or fitting of hearing aids, or shall contain a 28,662
664
statement that such applications are submitted separately. No 28,663
firm, partnership, association, or corporation licensed pursuant 28,664
to this chapter shall permit any unlicensed person to sell or fit 28,665
hearing aids. 28,666
(C) Each license issued expires on the thirtieth day of 28,668
January of the year following that in which it was issued. 28,669
Sec. 4747.06. (A) Each person engaged in the practice of 28,678
dealing in or fitting of hearing aids who holds a valid hearing 28,679
aid dealer's or fitter's license shall apply annually to the 28,680
hearing aid dealers and fitters licensing board for renewal of 28,681
such license under the standard renewal procedure specified in 28,682
Chapter 4745. of the Revised Code. The board shall issue to each 28,683
applicant, on proof of completion of the continuing education 28,684
required by division (B) of this section and payment of one 28,685
hundred twenty-five FIFTY dollars on or before the first day of 28,687
February, one hundred fifty SEVENTY-FIVE dollars on or before the 28,688
first day of March, or one TWO hundred seventy-five dollars 28,689
thereafter, a renewed hearing aid dealer's or fitter's license. 28,690
No person who applies for renewal of a hearing aid dealer's or 28,691
fitter's license that has expired shall be required to take any 28,692
examination as a condition of renewal provided application for 28,693
renewal is made within two years of the date such license 28,694
expired.
(B) Each person engaged in the practice of dealing in or 28,697
fitting of hearing aids who holds a valid hearing aid dealer's or 28,698
fitter's license shall complete each year not less than ten hours 28,699
of continuing professional education approved by the board. On a 28,701
form provided by the board, the person shall certify to the 28,703
board, at the time of license renewal pursuant to division (A) of 28,704
this section, that in the preceding year the person has completed 28,705
continuing education in compliance with this division and shall 28,706
submit any additional information required by rule of the board 28,708
regarding the continuing education. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing 28,711
665
the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements. 28,712
Continuing education may be applied to meet the requirement 28,715
of this division if it is provided or certified by any of the 28,716
following:
(1) The national institute of hearing instruments studies 28,718
committee of the international hearing society; 28,719
(2) The American speech-language hearing association; 28,722
(3) The American academy of audiology. 28,724
The board may excuse persons licensed under this chapter, 28,727
as a group or as individuals, from all or any part of the 28,728
requirements of this division because of an unusual circumstance,
emergency, or special hardship. 28,729
Sec. 4747.07. Each person who holds a hearing aid dealer's 28,738
or fitter's license and engages in the practice of dealing in and 28,740
fitting of hearing aids shall display such license in a 28,741
conspicuous place in his THE PERSON'S office or place of business 28,742
at all times. Each person who maintains more than one office or 28,743
place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing 28,744
board shall issue duplicate copies of a license upon receipt of a 28,746
properly completed application and payment of ten FIFTEEN dollars 28,747
for each copy requested.
Sec. 4747.10. Each person currently engaged in training to 28,756
become a licensed hearing aid dealer or fitter shall apply to the 28,757
hearing aid dealers and fitters licensing board for a hearing aid 28,758
dealer's and fitter's trainee permit. The board shall issue to 28,759
each applicant within thirty days of receipt of a properly 28,760
completed application and payment of seventy-five ONE HUNDRED 28,761
dollars, a trainee permit if such applicant is: 28,762
(A) At least eighteen years of age; 28,764
(B) The holder of a diploma from an accredited high 28,766
school, or possesses an equivalent education; 28,767
(C) A person of good moral character; 28,769
666
(D) Free of contagious or infectious disease. 28,771
Each trainee permit issued by the board expires one year 28,773
from the date it was first issued, and may be renewed once if the 28,774
trainee has not successfully completed the qualifying 28,775
requirements for licensing as a hearing aid dealer or fitter 28,776
before the expiration date of such permit. The board shall issue 28,777
a renewed permit to each applicant upon receipt of a properly 28,778
completed application and payment of seventy-five ONE HUNDRED 28,779
dollars. No person holding a trainee permit shall engage in the 28,780
practice of dealing in or fitting of hearing aids except while 28,781
under supervision by a licensed hearing aid dealer or fitter. 28,782
Sec. 4747.13. (A) Any person who wishes to make a 28,791
complaint against any person, firm, partnership, association, or 28,792
corporation licensed pursuant to this chapter shall submit such 28,793
complaint in writing to the hearing aid dealers and fitters 28,794
licensing board within one year from the date of the action or
event upon which the complaint is based. The hearing aid dealers 28,795
and fitters board shall determine whether the charges in the 28,796
complaint are of a sufficiently serious nature to warrant a 28,797
hearing before the board to determine whether the license or 28,798
permit held by the person complained against shall be revoked or 28,799
suspended. If the board determines that a hearing is warranted,
then it shall fix the time and place of such hearing and deliver 28,800
or cause to have delivered, either in person or by registered 28,801
mail, at least twenty days before the date of such hearing, an 28,802
order instructing the licensee complained against of the date, 28,803
time, and place where he THE LICENSEE shall appear before the 28,804
board. Such order shall include a copy of the complaint against 28,805
the licensee.
The board, and the licensee after receipt of the order and 28,807
a copy of the complaint made against him THE LICENSEE, may take 28,808
depositions in advance of the hearing, provided that each party 28,810
taking depositions shall give at least five days notice to the 28,811
other party of the time, date, and place where such depositions
667
shall be taken. Each party shall have the right to attend with 28,812
counsel the taking of such depositions and may cross-examine the 28,813
deponent or deponents. Each licensee appearing before the board 28,814
may be represented by counsel. No person shall have his THE 28,815
PERSON'S license or permit revoked or suspended without an 28,816
opportunity to present his THE PERSON'S case at a hearing before 28,817
the board, and the board shall grant a continuance or adjournment 28,819
of a hearing date for good cause. Each person whose license or 28,820
permit is suspended or revoked by the board may appeal such 28,821
action to the board or to the court of common pleas.
(B) The board shall petition the court of common pleas of 28,823
the county in which a person, firm, partnership, or corporation 28,824
on or after January 1, 1970, engages in the sale, practice of 28,826
dealing in or fitting of hearing aids, advertises or assumes such 28,827
practice, or engages in training to become a licensed hearing aid
dealer or fitter without first being licensed, for an order 28,828
enjoining any such acts or practices. The court may grant such 28,829
injunctive relief upon a showing that the respondent named in the 28,830
petition is engaging in such acts or practices without being 28,831
licensed under Chapter 4747. of the Revised Code THIS CHAPTER. 28,832
Sec. 4759.05. The Ohio board of dietetics shall: 28,841
(A) Adopt, amend, or rescind rules pursuant to Chapter 28,843
119. of the Revised Code to carry out the provisions of this 28,844
chapter, including rules governing the following: 28,845
(1) Selection and approval of a dietitian licensure 28,847
examination offered by the commission on dietetic registration or 28,848
any other examination; 28,849
(2) The examination of applicants for licensure as a 28,851
dietitian, to be held at least twice annually, as required under 28,852
division (A) of section 4759.06 of the Revised Code; 28,853
(3) Requirements for pre-professional dietetic experience 28,855
of applicants for licensure as a dietitian that are at least 28,856
equivalent to the requirements adopted by the commission on 28,857
dietetic registration; 28,858
668
(4) Requirements for a person holding a limited permit 28,860
under division (F) of section 4759.06 of the Revised Code and, 28,861
INCLUDING THE DURATION OF VALIDITY OF A LIMITED PERMIT; 28,862
(5) REQUIREMENTS FOR a licensed dietitian who places his A 28,865
license in inactive status under division (G) of section 4759.06
of the Revised Code, including a procedure for changing inactive 28,866
status to active status; 28,867
(5)(6) Continuing education requirements for renewal of a 28,869
license, except that the board may adopt rules to waive the 28,870
requirements for a person who is unable to meet the requirements 28,871
due to illness or other reasons. Rules adopted under this 28,872
division shall be consistent with the continuing education 28,873
requirements adopted by the commission on dietetic registration. 28,874
(6)(7) Any additional education requirements the board 28,876
considers necessary, for applicants who have not practiced 28,877
dietetics within five years of the initial date of application 28,878
for licensure; 28,879
(7)(8) Standards of professional responsibility and 28,881
practice for persons licensed under this chapter that are 28,882
consistent with those standards of professional responsibility 28,883
and practice adopted by the American dietetic association; 28,884
(8)(9) Formulation of a written application form for 28,886
licensure or license renewal that includes the statement that any 28,887
applicant who knowingly makes a false statement on the 28,888
application is guilty of a misdemeanor of the first degree under 28,889
section 2921.13 of the Revised Code; 28,890
(9)(10) Procedures for license renewal; 28,892
(10)(11) Establishing a time period after the notification 28,894
of a violation of section 4759.02 of the Revised Code, by which 28,895
the person notified must request a hearing by the board under 28,896
section 4759.09 of the Revised Code. 28,897
(B) Investigate alleged violations of section 4759.02 to 28,899
4759.10 of the Revised Code. In making its investigations, the 28,900
board may issue subpoenas, examine witnesses, and administer 28,901
669
oaths. 28,902
(C) Adopt a seal; 28,904
(D) Conduct meetings and keep records as are necessary to 28,906
carry out the provisions of this chapter; 28,907
(E) Publish, and make available to the public, upon 28,909
request and for a fee not to exceed the actual cost of printing 28,910
and mailing, the board's rules and requirements for licensure 28,911
adopted under division (A) of this section and a record of all 28,912
persons licensed under section 4759.06 of the Revised Code. 28,913
Sec. 4759.06. (A) The Ohio board of dietetics shall issue 28,922
or renew a license to practice dietetics to an applicant who: 28,923
(1) Has satisfactorily completed an application for 28,925
licensure in accordance with division (A) of section 4759.05 of 28,926
the Revised Code; 28,927
(2) Has paid the fee required under division (A) of 28,929
section 4759.08 of the Revised Code; 28,930
(3) Is a resident of the state or performs or plans to 28,932
perform dietetic services within the state; 28,933
(4) Is of good moral character; 28,935
(5) Has received a baccalaureate or higher degree from an 28,937
institution of higher education that is approved by the board or 28,938
a regional accreditation agency that is recognized by the council 28,939
on postsecondary accreditation, and has completed a program 28,940
consistent with the academic standards for dietitians established 28,941
by the American dietetic association; 28,942
(6) Has successfully completed a pre-professional dietetic 28,944
experience approved by the American dietetic association, or 28,945
experience approved by the board under division (A)(3) of section 28,946
4759.05 of the Revised Code; 28,947
(7) Has passed the examination approved by the board under 28,949
division (A)(1) of section 4759.05 of the Revised Code; 28,950
(8) Is an applicant for renewal of a license, and has 28,952
fulfilled the continuing education requirements adopted under 28,953
division (A)(5)(6) of section 4759.05 of the Revised Code. 28,954
670
(B) The board shall waive the requirements of divisions 28,956
(A)(5), (6), and (7) of this section and any rules adopted under 28,957
division (A)(6)(7) of section 4759.05 of the Revised Code if the 28,959
applicant presents satisfactory evidence to the board of current
registration as a registered dietitian with the commission on 28,960
dietetic registration. 28,961
(C) The board shall waive the requirements of division 28,963
(A)(7) of this section if the application for renewal is made 28,964
within two years after the date of license expiration. 28,965
(D) The board may waive the requirements of division 28,967
(A)(5), (6), or (7) of this section or any rules adopted under 28,968
division (A)(6)(7) of section 4759.05 of the Revised Code, if the 28,970
applicant presents satisfactory evidence of education, 28,971
experience, or passing an examination in another state or a 28,972
foreign country, that the board considers the equivalent of the 28,973
requirements stated in those divisions or rules. 28,974
(E) The board shall issue an initial license to practice 28,976
dietetics to an applicant who meets the requirements of division 28,977
(A) of this section. An initial license shall be valid from the 28,978
date of issuance through the thirtieth day of June following 28,979
issuance of the license. Each subsequent license shall be valid 28,980
from the first day of July through the thirtieth day of June. The 28,982
board shall renew the license of an applicant who is licensed to 28,983
practice dietetics and who meets the continuing education
requirements of division (A)(5)(6) of section 4759.05 of the 28,984
Revised Code. The renewal shall be pursuant to the standard 28,986
renewal procedure of sections 4745.01 to 4745.03 of the Revised 28,987
Code.
(F) The board may grant a limited permit to a person who 28,989
has completed the education and pre-professional requirements of 28,990
divisions (A)(5) and (6) of this section and who presents 28,991
evidence to the board of his application HAVING APPLIED to take 28,992
the examination approved by the board under division (A)(1) of 28,993
section 4759.05 of the Revised Code. The permit may be renewed 28,994
671
one time if the applicant has failed the examination and has 28,995
applied to take the next available examination. The permit and 28,996
renewal permit shall expire thirty days after the appropriate 28,997
examination results are made public. A person holding a limited 28,998
permit who has failed the examination shall practice only under 28,999
the direct supervision of a licensed dietitian. 29,000
(G) A licensed dietitian may place his THE license in 29,002
inactive status. 29,003
Sec. 4766.02. (A) There is hereby created the Ohio 29,012
ambulance licensing board, consisting of five voting members and 29,013
one nonvoting member who shall be residents of this state and 29,014
appointed by the governor with the advice and consent of the 29,015
senate. Except as provided in division (B) of this section, 29,016
members shall serve terms of two years. One voting member shall 29,017
be a member of the Ohio ambulance association; two voting 29,018
members, one of whom shall be a licensed funeral director, shall 29,019
be owners or operators of private emergency medical service 29,020
organizations operating in this state; one voting member shall be 29,021
a consumer of emergency medical services who is not associated 29,022
with any public or private emergency medical service 29,023
organization; and one voting member shall be an official with a 29,024
public emergency medical service organization. A physician who 29,025
holds a certificate to practice issued under Chapter 4731. of the 29,026
Revised Code who is a member of the American college of emergency 29,027
physicians shall serve as the nonvoting member. The board shall 29,028
annually select from its membership a chair and a vice-chair to 29,030
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 29,032
appointed for terms of one year and three for terms of two years. 29,033
Any member appointed to fill a vacancy occurring prior to the 29,034
expiration date of the term for which the member's predecessor 29,035
was appointed shall hold office for the remainder of that term. 29,036
Every member shall continue in office subsequent to the 29,037
expiration date of the member's term until the member's successor 29,039
672
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 29,040
(C) Three voting members shall constitute a quorum for the 29,042
transaction of business, and the affirmative vote of three 29,043
members is required for the board to take any official action. 29,044
The board, after notice and hearing, may remove a member by 29,045
majority vote for malfeasance, misfeasance, or nonfeasance. 29,046
Members of the board shall be reimbursed for actual and 29,048
necessary expenses incurred in attending meetings of the board 29,049
and in the performance of their official duties. The board may 29,050
hire such employees as are necessary to enable it to execute its 29,051
duties. 29,052
(D) The division of emergency medical services within the 29,054
department of public safety shall provide the board with office 29,055
space at no cost, but the board shall not be a part of the 29,056
division or the department. 29,057
(E) The board is the sole supervisory body regarding the 29,059
licensing of private ambulance service organizations in this 29,060
state.
Sec. 4766.04. (A) Except as otherwise provided in this 29,069
chapter, no person shall furnish, operate, conduct, maintain, 29,070
advertise, engage in, or propose or profess to engage in the 29,071
business or service of transporting persons who are seriously 29,072
ill, injured, or otherwise incapacitated in this state unless the 29,073
person is licensed pursuant to this section. 29,075
(B) To qualify for a license as a basic life-support, 29,077
intermediate life-support, or advanced life-support service 29,078
organization, an emergency medical service organization shall do 29,080
all of the following:
(1) Apply for a permit for each ambulance and nontransport 29,082
vehicle owned or leased as provided in section 4766.07 of the 29,084
Revised Code; 29,085
(2) Meet all requirements established in rules adopted by 29,088
the Ohio ambulance licensing board regarding ambulances and 29,089
673
nontransport vehicles, including requirements pertaining to 29,091
equipment, communications systems, staffing, and level of care 29,092
the particular organization is permitted to render; 29,093
(3) Maintain the appropriate type and amount of insurance 29,095
or self-insurance as specified in section 4766.06 of the Revised 29,096
Code; 29,097
(4) Meet all other requirements established under rules 29,099
adopted by the board for the particular license. 29,100
(C) To apply for a license as a basic life-support, 29,102
intermediate life-support, or advanced life-support service 29,103
organization, an emergency medical service organization shall 29,104
submit a completed application to the board, on a form provided 29,106
by the board for each particular license, together with the 29,107
appropriate fees established under section 4766.05 of the Revised 29,108
Code. The application form shall include all of the following: 29,109
(1) The name and business address of the operator of the 29,111
organization for which licensure is sought; 29,112
(2) The name under which the applicant will operate the 29,114
organization; 29,115
(3) A list of the names and addresses of all officers and 29,117
directors of the organization; 29,118
(4) A description of each vehicle to be used, including 29,120
the make, model, year of manufacture, mileage, vehicle 29,121
identification number, and the color scheme, insignia, name, 29,122
monogram, or other distinguishing characteristics to be used to 29,123
designate the applicant's vehicle; 29,124
(5) The location and description of each place from which 29,126
the organization will operate; 29,127
(6) A description of the geographic area to be served by 29,129
the applicant; 29,130
(7) Any other information the board, by rule, determines 29,132
necessary. 29,133
(D) Within sixty days after receiving a completed 29,135
application for licensure as a basic life-support, intermediate 29,136
674
life-support, or advanced life-support service organization, the 29,137
board shall approve or deny the application. The board shall 29,138
deny an application if it determines that the applicant does not 29,139
meet the requirements of this chapter or any rules adopted under 29,141
it. The board shall send notice of the denial of an application 29,143
by certified mail to the applicant. The applicant may request a 29,144
hearing within ten days after receipt of the notice. If the 29,145
board receives a timely request, it shall hold a hearing in 29,147
accordance with Chapter 119. of the Revised Code. 29,148
(E) If an applicant or licensee operates or plans to 29,150
operate an organization in more than one location under the same 29,151
or different identities, the applicant or licensee shall apply 29,152
for and meet all requirements for licensure or renewal of a 29,153
license, other than payment of a license fee or renewal fee, for 29,154
operating the organization at each separate location. An 29,155
applicant or licensee that operates or plans to operate under the 29,156
same organization identity in separate locations shall pay only a 29,157
single license fee. 29,158
(F) Each license issued under this section and each permit 29,160
issued under section 4766.07 of the Revised Code expires two 29,161
years ONE YEAR after the date of issue ISSUANCE and may be 29,163
renewed in accordance with the standard renewal procedures of 29,165
Chapter 4745. of the Revised Code, EXCEPT THAT A LICENSE OR 29,166
PERMIT ISSUED IN 1998 OR IN 1999 PRIOR TO THE EFFECTIVE DATE OF 29,167
THIS AMENDMENT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. 29,168
An application for renewal shall include the license or permit 29,170
renewal fee established under section 4766.05 of the Revised 29,172
Code. An applicant for renewal of a permit also shall submit to 29,173
the board proof of an annual inspection of the vehicle for which 29,175
permit renewal is sought. The board shall renew a license if the 29,176
applicant meets the requirements for licensure and shall renew a 29,178
permit if the applicant and vehicle meet the requirements to 29,179
maintain a permit for that vehicle.
(G) Each licensee shall maintain accurate records of all 29,181
675
service responses conducted. The records shall be maintained on 29,183
forms prescribed by the board and shall contain information as 29,185
specified by rule by the board.
Sec. 4766.05. (A) The Ohio ambulance licensing board 29,195
shall establish by rule a license fee, a permit fee for each 29,196
ambulance and nontransport vehicle owned or leased by the 29,197
licensee that is or will be used as provided in section 4766.07 29,198
of the Revised Code, and fees for renewals of licenses and 29,199
permits, taking into consideration the actual costs incurred by 29,200
the board in carrying out its duties under this chapter. However, 29,202
the fee for each license and each renewal of a license shall not 29,203
exceed two ONE hundred dollars, and the fee for each permit and 29,205
each renewal of a permit shall not exceed one hundred FIFTY
dollars for each ambulance and nontransport vehicle. For 29,207
purposes of establishing fees, "actual costs" include INCLUDES 29,208
the costs of salaries, expenses, inspection equipment, 29,210
supervision, and program administration. 29,211
(B) The board shall deposit all fees and other moneys 29,213
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of 29,214
the Revised Code in the state treasury to the credit of the 29,215
ambulance licensing trust fund, which is hereby created. All 29,216
moneys from the fund shall be used solely for the salaries and 29,217
expenses of the board incurred in implementing and enforcing this 29,218
chapter. 29,219
Sec. 4766.07. (A) Each emergency medical service 29,228
organization subject to licensure under this chapter shall 29,229
possess a valid permit for each ambulance and nontransport 29,230
vehicle it owns or leases that is or will be used by the licensee 29,232
to perform the services permitted by the license. Each licensee 29,233
and license applicant shall submit the appropriate fee and an 29,234
application for a permit for each ambulance and nontransport 29,235
vehicle to the Ohio ambulance licensing board on forms provided 29,237
by the board. The application shall include documentation that 29,238
the vehicle meets the appropriate standards set by the board, 29,239
676
that the vehicle has been inspected pursuant to division (C) of 29,241
this section, that the permit applicant maintains insurance or 29,242
self-insurance as provided in section 4766.06 of the Revised
Code, and that the vehicle and permit applicant meet any other 29,245
requirements established under rules adopted by the board. 29,247
(B)(1) Within sixty days after receiving a completed 29,249
application for a permit, the board shall issue or deny the 29,250
permit. The board shall deny an application if it determines 29,251
that the permit applicant or vehicle does not meet the 29,252
requirements of this chapter and the rules adopted under it that 29,254
apply to permits for ambulances and nontransport vehicles. The 29,256
board shall send notice of the denial of an application by 29,257
certified mail to the permit applicant. The permit applicant may 29,258
request a hearing within ten days after receipt of the notice. 29,259
If the board receives a timely request, it shall hold a hearing 29,260
in accordance with Chapter 119. of the Revised Code. 29,261
(2) If the board issues the vehicle permit, it also shall 29,263
issue a decal, in a form prescribed by rule, to be displayed on 29,264
the rear window of the vehicle. The board shall not issue a 29,265
decal until all of the requirements for licensure and permit 29,266
issuance have been met. 29,267
(C) In addition to any other requirements that the board 29,269
establishes by rule, a licensee or license applicant applying for 29,270
an initial vehicle permit under division (A) of this section 29,271
shall submit to the state highway patrol and the board the 29,272
vehicle for which the permit is sought. Thereafter, a licensee 29,274
shall annually submit to the state highway patrol and the board 29,275
each vehicle for which a permit has been issued. 29,276
(1) The state highway patrol shall conduct a physical 29,278
inspection of an ambulance or nontransport vehicle to determine 29,279
its roadworthiness and compliance with standard motor vehicle 29,280
requirements. 29,281
(2) The board shall conduct a physical inspection of the 29,283
medical equipment, communication system, and interior of an 29,285
677
ambulance to determine the operational condition and safety of 29,288
the equipment and the ambulance's interior and to determine 29,290
whether the ambulance is in compliance with the federal 29,291
requirements for ambulance construction that were in effect at 29,293
the time the ambulance was manufactured, as specified by the 29,296
general services administration in the various versions of its 29,297
publication titled "federal specification for the star-of-life 29,298
ambulance, KKK-A-1822." 29,299
(3) The board and state highway patrol shall issue a 29,301
certificate to the applicant for each vehicle that passes the 29,303
inspection and may assess a fee for each inspection, as 29,304
established by the board.
(4) The board, in consultation with the state highway 29,306
patrol, shall adopt rules regarding the implementation and 29,307
coordination of the state highway patrol and board inspections. 29,308
The rules may permit the board to contract with a third party to 29,309
conduct the inspections required of the board under this section. 29,310
(D) If an emergency medical service organization that has 29,312
made timely application to the board for a vehicle permit has 29,313
reasonable cause to believe that the state highway patrol will 29,314
not be able to conduct the required inspection before the date by 29,315
which the organization is required to renew the registration of 29,316
the ambulance or nontransport vehicle with the bureau of motor 29,318
vehicles, the organization may apply to the board for a temporary 29,319
vehicle permit. Such a permit shall be valid for a period of no 29,320
more than thirty days from the date of issuance, and shall be 29,321
accepted by the registrar of motor vehicles when the organization 29,322
applies for registration of the vehicle under section 4503.49 of 29,324
the Revised Code. 29,325
Sec. 4773.04. (A) The department of health shall examine, 29,334
or PURSUANT TO SECTION 3701.044 OF THE REVISED CODE contract with 29,335
another entity to examine, each qualified applicant for a license 29,337
issued under this chapter. To be eligible for admittance to an 29,338
examination, an applicant must submit evidence satisfactory to 29,339
678
the department or other examiner that the applicant has
successfully completed a course of study in the appropriate area 29,340
of practice and the course of study must have been conducted by 29,341
an educational program accredited by the department under section 29,342
4773.07 of the Revised Code.
In examining or providing CONTRACTING for the examination 29,344
of applicants, the department shall ensure that an opportunity to 29,346
take an examination is available as follows: 29,348
(1) At least once each month for individuals applying to 29,350
be licensed as general x-ray machine operators; 29,351
(2) At least three times each year for individuals 29,353
applying to be licensed as radiographers, radiation therapy 29,354
technologists, or nuclear medicine technologists. 29,355
(B) The department shall develop OR CONTRACT FOR a 29,357
separate examination for each type of license issued under this 29,358
chapter. An examination may consist of all or part of any 29,360
standard examination created by other entities ANY ENTITY for 29,361
purposes of determining the competence of individuals to practice 29,363
as general x-ray machine operators, radiographers, radiation 29,364
therapy technologists, or nuclear medicine technologists. 29,365
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 29,374
of the Revised Code: 29,375
(1) "Uniform registration" has the same meaning as 29,377
"registration" as used in the final report submitted to the 29,378
United States secretary of transportation, pursuant to subsection 29,379
(c) of section 22 of the "Hazardous Materials Transportation 29,380
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 29,381
1819.
(2) "Uniform permit" has the same meaning as "permit" as 29,383
used in the final report submitted to the United States secretary 29,384
of transportation, pursuant to subsection (c) of section 22 of 29,385
the "Hazardous Materials Transportation Uniform Safety Act of 29,386
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 29,387
(B)(1) The public utilities commission may adopt rules 29,389
679
applicable to the uniform registration and uniform permitting of 29,390
persons engaged in the highway transportation of hazardous 29,391
materials into, through, or within this state. Until November 29,392
17, 2000, rules adopted under this division shall be consistent 29,394
with, and equivalent in scope, coverage, and content to, the 29,395
final report submitted to the United States secretary of 29,396
transportation pursuant to subsection (c) of section 22 of the 29,397
"Hazardous Materials Transportation Uniform Safety Act of 1990," 29,398
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 29,399
November 17, 2000, the rules shall be consistent with, and 29,401
equivalent in scope, coverage, and content to, section 22 of the 29,402
"Hazardous Materials Transportation Uniform Safety Act of 1990," 29,403
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 29,404
adopted under that section. The commission may adopt additional 29,405
rules for the implementation and administration of the uniform 29,406
registration and permitting system established by rule under this 29,407
section, including rules SHALL INCLUDE RULES staggering the 29,408
registration date for carriers and reducing or extending, by no 29,410
more than one year, the permit renewal period for carriers. 29,411
Rules adopted or amended under division (B)(1) of this 29,413
section on or after November 17, 2000, shall be adopted or 29,414
amended in accordance with Chapter 119. of the Revised Code. 29,416
(2) For the purpose of minimizing filing requirements 29,418
regarding any background investigation required for the issuance 29,419
of a uniform permit as a carrier of hazardous wastes, the 29,420
commission shall accept from any applicant for such a permit any 29,421
refiling of information the applicant has filed with the office 29,422
of the attorney general under section 3734.42 of the Revised Code 29,423
or any reference to such information, if the refiled or 29,424
referenced information is on file with the office of the attorney 29,425
general, is accurate and timely for the commission's purposes 29,426
under this section, and is supplemented by any additional 29,427
information the commission requires. The office of the attorney 29,428
general, as necessary for any such background investigation, 29,429
680
shall make accessible to the commission any such information 29,430
referenced or refiled in an application for a uniform permit as a 29,431
carrier of hazardous wastes that the attorney general determines 29,432
may be disclosed in accordance with section 3734.42 of the 29,433
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 29,434
Revised Code affects any limitations under section 3734.42 of the 29,435
Revised Code on the disclosure of that information. 29,436
(C)(1) The fees for uniform registration and a uniform 29,438
permit as a carrier of hazardous materials shall consist of the 29,439
following: 29,440
(a) A processing fee of fifty dollars; 29,442
(b) An apportioned per-truck registration fee, which shall 29,444
be calculated by multiplying the percentage of a registrant's 29,445
activity in this state times the percentage of the registrant's 29,446
business that is hazardous-materials-related, times the number of 29,447
vehicles owned or operated by the registrant, times a per-truck 29,448
fee determined by order of the commission following public notice 29,449
and an opportunity for comment. 29,450
However, the total revenue from the apportioned per-truck 29,452
registration fee shall not exceed the appropriation of the 29,453
general assembly for the hazardous materials registration fund 29,454
created under division (C)(3) of this section. In determining 29,455
the per-truck fee, the commission shall calculate the difference 29,457
between the appropriation from the fund for the current fiscal 29,459
year and the net total of the processing fees collected in the 29,460
previous registration year under division (C)(1)(a) of this 29,461
section, fees collected under division (C)(2) of this section, 29,462
refunds to carriers from overpayments of fees collected under 29,463
this section, and fees paid to other states under division (D) of 29,464
this section, and shall divide that calculated amount by the 29,465
total number of apportioned trucks determined on the basis of 29,467
information submitted by all registrants in the previous
registration year. If the calculated amount is zero or less, the 29,468
fee shall be zero. Any interested party, in accordance with 29,469
681
division (H) of this section, may appeal to the court of appeals 29,470
of Franklin county an order of the commission establishing the 29,471
apportioned per-truck registration fee. 29,472
(i) The percentage of a registrant's activity in this 29,474
state shall be calculated by dividing the number of miles that 29,475
the registrant travels in this state under the international 29,476
registration plan, pursuant to section 4503.61 of the Revised 29,477
Code, by the number of miles that the registrant travels 29,478
nationwide under the international registration plan. 29,479
Registrants that operate solely within this state shall use one 29,480
hundred per cent as their percentage of activity. Registrants 29,481
that do not register their vehicles through the international 29,482
registration plan shall calculate activity in the state in the 29,483
same manner as that required by the international registration 29,484
plan. 29,485
(ii) The percentage of a registrant's business that is 29,487
hazardous-materials-related shall be calculated, for 29,488
less-than-truckload shipments, by dividing the weight of all the 29,489
registrant's hazardous materials shipments by the total weight of 29,490
all shipments in the previous year. The percentage of a 29,491
registrant's business that is hazardous-materials-related shall 29,492
be calculated, for truckload shipments, by dividing the number of 29,493
shipments for which placarding, marking of the vehicle, or 29,494
manifesting, as appropriate, was required by regulations adopted 29,495
under sections 4 to 6 of the "Hazardous Materials Transportation 29,496
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 29,497
1804, by the total number of the registrant's shipments that 29,498
transported any kind of goods in the previous year. A registrant 29,499
that transports both less-than-truckload and truckload shipments 29,500
of hazardous materials shall calculate the percentage of business 29,501
that is hazardous-materials-related on a proportional basis. 29,502
(iii) A registrant may utilize fiscal year, or calendar 29,504
year, or other current company accounting data, or other publicly 29,505
available information, in calculating the percentages required by 29,506
682
divisions (C)(1)(b)(i) and (ii) of this section. 29,507
(2) The commission, after notice and opportunity for a 29,509
hearing, may assess each carrier a fee for any background 29,510
investigation required for the issuance, for the purpose of 29,511
section 3734.15 of the Revised Code, of a uniform permit as a 29,512
carrier of hazardous wastes and fees related to investigations 29,513
and proceedings for the denial, suspension, or revocation of a 29,514
uniform permit as a carrier of hazardous materials. The fees 29,515
shall not exceed the reasonable costs of the investigations and 29,516
proceedings. The fee for a background investigation for a 29,517
uniform permit as a carrier of hazardous wastes shall be six 29,518
hundred dollars plus the costs of obtaining any necessary 29,519
information not included in the permit application, to be 29,520
calculated at the rate of thirty dollars per hour, not exceeding 29,521
six hundred dollars, plus any fees payable to obtain necessary 29,523
information.
(3) All fees collected under division (C)(1) of this 29,525
section and all background investigation and permit denial, 29,526
suspension, and revocation investigation and proceeding fees 29,528
collected under division (C)(2) of this section shall be credited 29,529
to the hazardous materials registration fund, which is hereby 29,530
created in the state treasury. Moneys in that fund shall be used 29,531
by the commission to administer and enforce sections 4905.80 to 29,532
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 29,534
adopted under division (B) of this section, may enter into 29,535
agreements, contracts, arrangements, or declarations with other 29,536
states and with the national repository, established pursuant to 29,537
the final report submitted to the United States secretary of 29,538
transportation, pursuant to subsection (c) of section 22 of the 29,539
"Hazardous Materials Transportation Uniform Safety Act of 1990," 29,540
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 29,541
contracts, arrangements, or declarations shall include, but not 29,542
be limited to, the determination of a base state, the collection 29,543
683
of uniform registration fees, the frequency of distribution of 29,544
uniform registration fees, procedures for dispute resolution, and 29,545
protection of trade secrets and confidential business 29,546
information. 29,547
(E) The first eight hundred thousand dollars of 29,549
forfeitures collected under section 4905.83 of the Revised Code 29,550
during each of fiscal years 1995 to 2000 and during fiscal year 29,552
2001 until November 17, 2000, shall be credited to the hazardous 29,554
materials transportation fund, which is hereby created in the 29,555
state treasury. Any forfeitures in excess of that amount 29,556
collected during each such period and any forfeitures collected 29,557
on or after November 17, 2000, FISCAL YEAR shall be credited to 29,558
the general revenue fund. In each of fiscal years 1995 to 2000 29,559
and in fiscal year 2001 until November 17, 2000, the commission 29,562
shall distribute moneys credited to the hazardous materials 29,563
transportation fund under this division for the purposes of 29,564
emergency response planning and the training of safety, 29,565
enforcement, and emergency services personnel in proper 29,566
techniques for the management of hazardous materials releases 29,567
that occur during transportation or otherwise. For these 29,568
purposes, fifty per cent of all such moneys credited to the fund 29,569
shall be distributed to Cleveland state university, and fifty 29,570
FORTY-FIVE per cent shall be distributed to other educational 29,572
institutions, state agencies, regional planning commissions, and 29,573
political subdivisions, AND FIVE PER CENT SHALL BE RETAINED BY 29,574
THE COMMISSION FOR THE ADMINISTRATION OF THIS SECTION AND FOR
TRAINING EMPLOYEES. However, if, in any such period, moneys 29,576
credited to the fund under this division equal an amount less 29,577
than four hundred thousand dollars, the commission shall 29,578
distribute, to the extent of the fund, two hundred thousand 29,579
dollars to Cleveland state university and the remainder to other 29,580
educational institutions, state agencies, regional planning 29,581
commissions, and political subdivisions. 29,582
(F)(1) No person shall violate or fail to perform a duty 29,584
684
imposed by this section or a rule adopted under it. 29,585
(2) No person shall knowingly falsify or fail to submit 29,587
any data, reports, records, or other information required to be 29,588
submitted to the commission pursuant to this section or a rule 29,589
adopted under it. For purposes of division (F)(2) of this 29,590
section, a person acts knowingly if either of the following 29,591
applies: 29,592
(a) The person has actual knowledge of the facts giving 29,594
rise to the violation. 29,595
(b) A reasonable person acting in the circumstances and 29,597
exercising due care would have such knowledge. 29,598
(G) After notice and opportunity for a hearing, the 29,600
commission, pursuant to criteria set forth in rules adopted under 29,601
division (B) of this section, may suspend, revoke, or deny the 29,602
uniform permit as a carrier of hazardous materials of any carrier 29,603
that has obtained or applied for such a uniform permit from the 29,604
commission pursuant to rules adopted under that division, or the 29,605
commission may order the suspension of the transportation of 29,606
hazardous materials into, through, or within this state by a 29,607
carrier that has obtained a uniform permit from another state 29,608
that has a reciprocity agreement with the commission pursuant to 29,609
division (D) of this section. 29,610
(H)(1) The proceedings specified in division (G) of this 29,612
section are subject to and governed by Chapter 4903. of the 29,613
Revised Code, except as otherwise provided in this section. The 29,614
court of appeals of Franklin county has exclusive original 29,615
jurisdiction to review, modify, or vacate any order of the 29,616
commission suspending, revoking, or denying a uniform permit as a 29,617
carrier of hazardous materials of any carrier that has obtained 29,618
or applied for a uniform permit from the commission pursuant to 29,619
rules adopted under division (B) of this section, or any order of 29,620
the commission suspending the transportation of hazardous 29,621
materials into, through, or within this state by a carrier that 29,622
has obtained a uniform permit from another state that has a 29,623
685
reciprocity agreement with the commission under division (D) of 29,624
this section. The court of appeals shall hear and determine 29,625
those appeals in the same manner and under the same standards as 29,626
the Ohio supreme court hears and determines appeals under Chapter 29,627
4903. of the Revised Code. 29,628
The judgment of the court of appeals is final and 29,630
conclusive unless reversed, vacated, or modified on appeal. Such 29,631
appeals may be taken either by the commission or the person to 29,632
whom the order was issued and shall proceed as in the case of 29,633
appeals in civil actions as provided in Chapter 2505. of the 29,634
Revised Code. 29,635
(2) Section 4903.11 of the Revised Code does not apply to 29,637
appeals of any order of the commission suspending, revoking, or 29,638
denying a uniform permit of a carrier that has obtained or 29,639
applied for a uniform permit from the commission pursuant to 29,640
rules adopted under division (B) of this section, or of any order 29,641
of the commission suspending the transportation of hazardous 29,642
materials into, through, or within this state by a carrier that 29,643
has obtained a uniform permit from another state that has a 29,644
reciprocity agreement with the commission pursuant to division 29,645
(D) of this section. Any person to whom such AN order is issued 29,646
who wishes to contest the order shall file, within sixty days 29,647
after the entry of the order upon the journal of the commission, 29,648
a notice of appeal, setting forth the order appealed from and the 29,649
errors complained of. The notice of appeal shall be served, 29,650
unless waived, upon the chairperson of the commission or, in the 29,652
event of the chairperson's absence, upon any public utilities 29,653
commissioner, or by leaving a copy at the office of the
commission at Columbus. On appeal, the court shall reverse, 29,654
vacate, or modify the order if, upon consideration of the record, 29,656
the court is of the opinion that the order was unlawful or 29,657
unreasonable.
Sec. 4911.17. There is hereby created a nine-member 29,666
consumers' counsel governing board consisting of three 29,667
686
representatives of organized groups representing each of the 29,668
following areas: labor; residential consumers; family farmers. 29,669
No more than five members of this board may be members of the 29,670
same political party.
The members of the board shall be appointed by the attorney 29,672
general with the advice and consent of the senate. 29,673
No later than January 1, 1977, the attorney general shall 29,675
make initial appointments to the board. Of the initial 29,676
appointments made to the board, three shall be for a term ending 29,677
one year after the effective date of this section SEPTEMBER 1, 29,678
1976, three shall be for a term ending two years after that date, 29,680
and three shall be for a term ending three years after that date. 29,681
Thereafter, terms of office shall be for three years, each term 29,682
ending on the same day of the same month of the year as did the 29,683
term which THAT it succeeds. Each member shall hold office from 29,685
the date of his THE MEMBER'S appointment until the end of the 29,687
term for which he THE MEMBER was appointed. Any member appointed 29,689
to fill a vacancy occurring prior to the expiration of the term 29,690
for which his THE MEMBER'S predecessor was appointed shall hold 29,691
office for the remainder of such THAT term. Any member shall 29,692
continue in office subsequent to the expiration date of his THE 29,694
MEMBER'S term until his THE MEMBER'S successor takes office. 29,696
The governing board shall meet within thirty days after all 29,698
appointments have been made and select from among its membership 29,699
a chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. The 29,701
board shall meet at least every other month thereafter. Meetings 29,703
may be held more often at the request of a majority of the 29,704
members or upon call of the chairman CHAIRPERSON. A majority of 29,705
the members constitutes a quorum. No action shall be taken 29,707
without the concurrence of a majority of the full membership of 29,708
the board. The consumers' counsel shall at all times remain
responsible to the governing board. Members of the board shall 29,709
serve without compensation but BE COMPENSATED AT THE RATE OF ONE 29,710
HUNDRED FIFTY DOLLARS PER BOARD MEETING ATTENDED IN PERSON, NOT 29,711
687
TO EXCEED ONE THOUSAND TWO HUNDRED DOLLARS PER YEAR. ALL MEMBERS 29,712
shall be reimbursed for actual and necessary expenses incurred in 29,714
the performance of the official duties. 29,715
The board shall submit to the general assembly no later 29,717
than the first day of April, annually, a report outlining the 29,718
expenditures of the office of consumers' counsel, a full record 29,719
of participation in any and all proceedings, and an outline of 29,720
other relevant activities of the office. 29,721
Sec. 4931.11. Any company organized at any time to 29,730
transact a telegraph, telephone, or communications business may 29,731
construct, reconstruct, own, use, lease, operate, maintain, and 29,732
improve communications systems for the transmission of voices, 29,733
sounds, writings, signs, signals, pictures, visions, images, or 29,734
other forms of intelligence, as public utility services, by means
of wire, cable, radio, radio relay, or other facilities, methods, 29,736
or media. Any such company has the powers and is subject to the 29,737
restrictions prescribed in sections 4931.01 4931.02 to 4931.23, 29,738
inclusive, 4931.22 of the Revised Code, for telegraph or 29,739
telephone companies. 29,740
Sec. 4931.21. Sections 4931.01 4931.02 to 4931.23, 29,749
inclusive, 4931.22 of the Revised Code do not authorize any 29,751
telegraph company to appropriate the use of the track or rolling 29,752
stock of a railroad company for transporting poles, materials, or
the employees of such telegraph company, or for any other 29,753
purpose.
Sec. 4931.99. (A) Whoever violates section 4931.24 or 29,762
4931.49 of the Revised Code is guilty of a misdemeanor of the 29,763
fourth degree. 29,764
(B) Whoever violates section 4931.25, 4931.26, 4931.27, 29,766
4931.30, or 4931.31 of the Revised Code is guilty of a 29,767
misdemeanor of the third degree. 29,768
(C) Whoever violates section 4931.28 of the Revised Code 29,770
is guilty of a felony of the fourth degree. 29,771
(D) Whoever violates section 4931.29 or division (B) of 29,773
688
section 4931.35 of the Revised Code is guilty of a misdemeanor in 29,774
the first degree. 29,775
(E) Whoever violates division (E) of section 4931.49 of 29,778
the Revised Code is guilty of a misdemeanor of the fourth degree 29,779
on a first offense and a felony of the fifth degree on each 29,780
subsequent offense.
(F) Whoever violates section 4931.55 of the Revised Code 29,782
is guilty of a minor misdemeanor for a first offense and a 29,783
misdemeanor of the first degree on each subsequent offense. 29,785
Sec. 4933.14. Except section 4931.08 of the Revised Code, 29,794
sections 4931.01 SECTIONS 4931.02 to 4931.23, inclusive, 4931.22 29,796
and 4933.13 to 4933.16, inclusive, of the Revised Code, apply to 29,798
companies organized for supplying public and private buildings,
manufacturing establishments, streets, alleys, lanes, lands, 29,799
squares, and public places with electric light and power, and to 29,800
an automatic package carrier. Except as provided by section 29,801
4931.08 of the Revised Code, every EVERY such company shall have 29,804
the powers and be subject to the restrictions prescribed for 29,805
telegraph companies by sections 4931.01 4931.02 to 4931.23, 29,806
inclusive, 4931.22 of the Revised Code. 29,808
Sec. 4937.02. (A) There is hereby created the utility 29,817
radiological safety board composed of the chairperson of the 29,819
public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 29,820
the deputy EXECUTIVE director of the emergency management agency, 29,822
and the director of commerce, or their designees each of whom 29,823
shall be an employee of the member agency of the board member for 29,824
whom the person is a designee. The purpose of the board is to 29,826
develop a comprehensive policy for the state regarding nuclear 29,827
power safety. The board's objectives shall be to promote safe, 29,828
reliable, and economical power; establish a memorandum of 29,829
understanding with the federal nuclear regulatory commission and 29,830
the state, including agreements with individual state agencies to 29,831
interact with the commission and the federal emergency management 29,832
689
agency; and recommend policies and practices that promote safety, 29,833
performance, emergency preparedness, and public health standards 29,834
that are designed to meet the state's needs. 29,835
(B) The governor shall appoint a chairperson of the board 29,838
from among the members of the board. The board shall elect one
of its members as vice-chairperson, who shall possess, during the 29,840
absence or disability of the board chairperson, all the powers of 29,842
the board chairperson. All examinations, studies, or other 29,843
official proceedings of the board shall be conducted by the board 29,844
or its designees. The board's authority under sections 4937.01 29,845
to 4937.05 of the Revised Code THIS CHAPTER shall not be 29,846
exercised by any officer, employee, or body other than the board 29,848
itself, except by express action of the board. 29,849
(C) The chairperson of the board shall cause to be kept a 29,852
complete record of all proceedings of the board, and any books, 29,853
maps, documents, and papers used or produced by the board, and 29,854
shall perform such other duties as the governor may prescribe. 29,855
(D) A majority of the board's members constitutes a quorum 29,857
for the transaction of any business, performance of any duty, or 29,858
exercise of any power of the board. No vacancy on the board 29,859
shall impair the right of the remaining board members to exercise 29,860
all powers of the board. The act of a majority of the board, 29,861
when in session as a board, is an act of the board. 29,862
(E) Members of the board and their designees shall not 29,864
receive compensation from the board, but shall receive all 29,865
ordinary and necessary expenses incurred in performance of board 29,866
business, including actual travel expenses. All such expenses 29,867
shall be paid by the agency of which the individual board member 29,868
or designee is an officer or employee. 29,869
(F) The attorney general is the board's legal advisor, but 29,871
shall designate, subject to the board's approval, one or more of 29,872
the attorney general's assistants to discharge the duties of 29,873
board attorney. 29,874
(G) The board may call to its assistance, temporarily, 29,876
690
with the consent of the member agency, any employee of a member 29,877
agency to conduct studies, examinations, and investigations for 29,878
the board or prepare any report required or authorized by 29,879
sections 4937.01 to 4937.05 of the Revised Code THIS CHAPTER. 29,880
The employee shall receive no compensation, but shall receive all 29,882
ordinary and necessary expenses incurred in performance of such 29,883
duties, including actual travel expenses. All such expenses 29,884
shall be paid by the member agency. 29,885
(H) The offices of the board shall be located in the 29,887
offices of the emergency management agency. 29,889
Sec. 4939.01. AS USED IN THIS CHAPTER: 29,891
(A) "UTILITY SERVICE PROVIDER" MEANS A NATURAL GAS 29,893
COMPANY, LOCAL EXCHANGE TELEPHONE COMPANY, INTEREXCHANGE 29,894
TELECOMMUNICATIONS COMPANY, ELECTRIC COMPANY, OR ANY OTHER PERSON 29,895
THAT OCCUPIES A PUBLIC WAY TO DELIVER NATURAL GAS, ELECTRIC, OR 29,896
TELECOMMUNICATIONS SERVICES. 29,897
(B) "CABLE OPERATOR" HAS THE SAME MEANING AS IN SECTION 2 29,899
OF THE "CABLE COMMUNICATIONS POLICY ACT OF 1984," 98 STAT. 2779, 29,904
47 U.S.C.A. 522, AS AMENDED. 29,905
(C) "PUBLIC WAY" MEANS ANY PUBLIC STREET, ROAD, HIGHWAY, 29,907
PUBLIC EASEMENT, OR PUBLIC WATERWAY, AND INCLUDES THE ENTIRE 29,908
WIDTH OF ANY RIGHT OF WAY ASSOCIATED WITH ANY PUBLIC WAY. 29,909
Sec. 4939.02. (A) A UTILITY SERVICE PROVIDER OR CABLE 29,912
OPERATOR HAS THE RIGHT TO CONSTRUCT, REPAIR, POSITION, MAINTAIN, 29,913
OR OPERATE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 29,914
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, OVER, UPON, 29,915
AND UNDER ANY PUBLIC WAY IN THE STATE, SUBJECT TO THE APPLICABLE 29,916
PROVISIONS OF THIS CHAPTER AND ANY OTHER CHAPTER OF THE REVISED 29,917
CODE. THE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 29,919
RELATED APPURTENANCES AND FACILITIES SHALL BE CONSTRUCTED AND 29,920
POSITIONED IN SUCH A WAY THAT SAFETY IS NOT UNREASONABLY 29,921
COMPROMISED IN THE USE OF THE PUBLIC WAY. 29,922
(B) THE STATE, OR ANY POLITICAL SUBDIVISION OF THE STATE, 29,924
SHALL NOT DISCRIMINATE AMONG UTILITY SERVICE PROVIDERS OR CABLE 29,925
691
OPERATORS, OR GRANT A PREFERENCE TO ANY UTILITY SERVICE PROVIDER
OR CABLE OPERATOR, IN THE ISSUANCE OF PERMITS OR THE PASSAGE OF 29,926
LAWS, ORDINANCES, OR RESOLUTIONS FOR THE USE OF PUBLIC WAYS, OR 29,927
CREATE OR ERECT ANY REQUIREMENTS FOR ENTRY UPON AND USE OF THE 29,928
PUBLIC WAYS THAT ARE NOT NECESSARY TO PROTECT THE HEALTH, SAFETY, 29,929
AND WELFARE OF THE PUBLIC. 29,930
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO 29,932
AUTHORIZE ANY UTILITY SERVICE PROVIDER OR CABLE OPERATOR TO 29,933
CONSTRUCT LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, UPON, AND 29,934
UNDER ANY PUBLIC WAY OWNED BY A POLITICAL SUBDIVISION WITHOUT 29,935
FIRST OBTAINING THE CONSENT OF THE POLITICAL SUBDIVISION FOR SUCH 29,936
CONSTRUCTION, IF CONSENT IS REQUIRED BY THE POLITICAL 29,937
SUBDIVISION.
(D) THIS SECTION DOES NOT REQUIRE ANY UTILITY SERVICE 29,939
PROVIDER OR CABLE OPERATOR THAT, AS OF THE EFFECTIVE DATE OF THIS 29,940
SECTION, OCCUPIES, OR HAS OBTAINED THE CONSENT OF A POLITICAL
SUBDIVISION TO OCCUPY, A PUBLIC WAY IN THE POLITICAL SUBDIVISION, 29,941
TO APPLY FOR ADDITIONAL OR CONTINUED CONSENT OF THE POLITICAL 29,942
SUBDIVISION AS TO ANY EXISTING LINES, POLES, PIPES, CONDUITS, 29,943
DUCTS, EQUIPMENT, AND RELATED APPURTENANCES AND FACILITIES THAT 29,944
ARE IN PLACE ON THE EFFECTIVE DATE OF THIS SECTION. THE 29,945
POLITICAL SUBDIVISION SHALL NOT DISCRIMINATE AGAINST ANY OTHER 29,946
UTILITY SERVICE PROVIDER OR CABLE OPERATOR SEEKING TO USE THE 29,947
SAME PUBLIC WAY.
(E) THE CONSTRUCTION, REPAIR, PLACEMENT, MAINTENANCE, OR 29,949
OPERATION OF LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 29,950
RELATED APPURTENANCES AND FACILITIES BY A UTILITY SERVICE
PROVIDER OR A CABLE OPERATOR IS DECLARED TO BE A MATTER OF 29,951
STATEWIDE CONCERN. 29,952
(F) CONSENT FOR THE USE OF A PUBLIC WAY BY A POLITICAL 29,954
SUBDIVISION SHALL BE BASED ON THE LAWFUL EXERCISE OF THE POLICE 29,955
POWER OF THE POLITICAL SUBDIVISION AND SHALL NOT BE UNREASONABLY
WITHHELD, NOR SHALL ANY PREFERENCE OR DISADVANTAGE BE CREATED 29,956
692
THROUGH THE GRANTING OR WITHHOLDING OF CONSENT. A POLITICAL 29,957
SUBDIVISION SHALL GRANT ITS CONSENT UNDER THIS DIVISION WITHIN 29,958
THIRTY DAYS AFTER THE DATE A UTILITY SERVICE PROVIDER OR CABLE 29,959
OPERATOR APPLIES FOR CONSENT FOR THE USE OF A PUBLIC WAY. 29,960
Sec. 4939.03. (A) A POLITICAL SUBDIVISION OF THE STATE 29,963
SHALL NOT LEVY A TAX, FEE, OR CHARGE OR REQUIRE ANY NONMONETARY 29,964
COMPENSATION OR FREE SERVICE FOR THE RIGHT OR PRIVILEGE OF USING 29,965
OR OCCUPYING A PUBLIC WAY FOR PURPOSES OF DELIVERING NATURAL GAS, 29,966
ELECTRIC, TELECOMMUNICATIONS, OR CABLE TELEVISION SERVICE. 29,967
(B) A POLITICAL SUBDIVISION MAY CHARGE A UTILITY SERVICE 29,969
PROVIDER OR A CABLE OPERATOR A CONSTRUCTION PERMIT FEE TO THE 29,970
EXTENT THAT SUCH FEE APPLIES TO ALL PERSONS SEEKING A 29,971
CONSTRUCTION PERMIT. THE FEE SHALL BE LIMITED TO THE RECOVERY OF 29,972
THE DIRECT INCREMENTAL COSTS INCURRED BY THE POLITICAL 29,973
SUBDIVISION IN INSPECTING AND REVIEWING ANY PLANS AND 29,974
SPECIFICATIONS AND IN GRANTING THE ASSOCIATED PERMIT. 29,975
(C) A UTILITY SERVICE PROVIDER OR CABLE OPERATOR THAT 29,977
PLACES LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 29,978
RELATED APPURTENANCES AND FACILITIES IN A PUBLIC WAY SHALL 29,979
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. TO THE 29,980
EXTENT A UTILITY SERVICE PROVIDER OR CABLE OPERATOR DOES NOT 29,981
COMPLY WITH THIS DIVISION, A POLITICAL SUBDIVISION MAY CHARGE THE 29,982
UTILITY SERVICE PROVIDER OR CABLE OPERATOR THE NECESSARY COSTS TO 29,983
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. 29,984
Sec. 4981.09. (A) There is hereby created in the state 29,993
treasury the rail development fund. The fund shall consist of 29,995
such moneys as may be provided by law, including moneys received 29,996
from the sale, transfer, or lease of any rail property pursuant 29,997
to section 4981.08 of the Revised Code, and amounts transferred 29,998
pursuant to division (B) of this section. Moneys in the fund 30,001
shall be used for the purpose of acquiring, rehabilitating, or 30,002
developing rail property or service, or for participation in the 30,003
acquisition of rail property with the federal government, 30,004
municipal corporations, townships, counties, or other 30,005
693
governmental agencies. For the purpose of acquiring such rail 30,006
property, the Ohio rail development commission may obtain 30,007
acquisition loans from the federal government or from any other 30,008
source.
The fund shall also be used to promote, plan, design, 30,010
construct, operate, and maintain passenger and freight rail 30,011
transportation systems, and may be used to pay the administrative 30,013
costs of the Ohio rail development commission associated with 30,014
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 30,015
The fund shall not be used to provide loan guarantees. 30,016
(B) Twice each year, by the last day of March for the 30,019
immediately preceding June through December and by the last day 30,021
of August for the immediately preceding January through May, the 30,023
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 30,024
pursuant to Chapter 5733. of the Revised Code during those months 30,025
by taxpayers engaged in the business of owning or operating a 30,027
railroad either wholly or partially within this state. The 30,029
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 30,030
budget and management shall transfer fifty per cent of the amount 30,031
certified from the general revenue fund to the rail development 30,032
fund.
Sec. 5101.03. The assistant director of the department of 30,041
human services is hereby excepted from section 121.05 of the 30,043
Revised Code. The assistant director DIRECTORS OF THE DEPARTMENT 30,045
OF HUMAN SERVICES shall exercise the powers and perform the 30,046
duties which the director of human services may order and. THE 30,047
DIRECTOR IS AUTHORIZED TO DESIGNATE WHICH ASSISTANT DIRECTOR 30,048
shall act as director in the absence or disability of the 30,049
director, or in case of a vacancy in the position of director. 30,050
Sec. 5101.16. (A) As used in this section and sections 30,059
5101.161 and 5101.162 of the Revised Code: 30,060
694
(1) "Disability assistance" means financial and medical 30,062
assistance provided under Chapter 5115. of the Revised Code. 30,063
(2) "Food stamps" means the program administered by the 30,065
department of human services pursuant to section 5101.54 of the 30,067
Revised Code.
(3) "Medicaid" means the medical assistance program 30,069
established by Chapter 5111. of the Revised Code, excluding 30,072
transportation services provided under that chapter. 30,073
(4) "Ohio works first" means the program established by 30,075
Chapter 5107. of the Revised Code. 30,076
(5) "Prevention, retention, and contingency" means the 30,078
program established by Chapter 5108. of the Revised Code. 30,080
(6) "Public assistance expenditures" means expenditures 30,082
for all of the following: 30,083
(a) Ohio works first; 30,085
(b) County administration of Ohio works first; 30,088
(c) Prevention, retention, and contingency; 30,090
(d) County administration of prevention, retention, and 30,092
contingency; 30,093
(e) Disability assistance; 30,095
(f) County administration of disability assistance; 30,097
(g) County administration of food stamps; 30,099
(h) County administration of medicaid. 30,101
(B) Each board of county commissioners shall pay the 30,103
county share of public assistance expenditures in accordance with 30,107
section 5101.161 of the Revised Code. Except as provided in 30,108
division (C) of this section, a county's share of public 30,111
assistance expenditures is the sum of all of the following for 30,113
state fiscal year 1998 and each state fiscal year thereafter: 30,114
(1) The amount that is twenty-five per cent of the 30,116
county's total expenditures for disability assistance and county 30,119
administration of disability assistance during the state fiscal 30,120
year ending in the previous calendar year that the department of 30,122
human services determines are allowable. 30,123
695
(2) The amount that is ten per cent, or other percentage 30,127
determined under division (D) of this section, of the county's 30,128
total expenditures for county administration of food stamps and 30,129
medicaid during the state fiscal year ending in the previous 30,132
calendar year that the department determines are allowable, less 30,133
the amount of federal reimbursement credited to the county under 30,135
division (E) of this section for the state fiscal year ending in 30,136
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 30,139
section, the actual amount, as determined by the department of 30,140
human services from expenditure reports submitted to the United 30,141
States department of health and human services, of the county 30,142
share of program and administrative expenditures during federal 30,143
fiscal year 1994 for assistance and services, other than child 30,144
day-care, provided under Titles IV-A and IV-F of the "Social 30,146
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those 30,147
titles existed prior to the enactment of the "Personal 30,148
Responsibility and Work Opportunity Reconciliation Act of 1996," 30,150
110 Stat. 2105. 30,151
(b) For state fiscal years 1998 2000 and 1999 2001, eighty 30,154
SEVENTY-SEVEN per cent of the amount determined under division 30,155
(B)(3)(a) of this section. 30,156
(C)(1) If a county's share of public assistance 30,158
expenditures determined under division (B) of this section for a 30,160
state fiscal year exceeds one hundred ten per cent of the 30,161
county's share for those expenditures for the immediately 30,162
preceding state fiscal year, the department of human services 30,163
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 30,164
share for expenditures under division (B) of this section equals 30,165
one hundred ten per cent of the county's share of those 30,166
expenditures for the immediately preceding state fiscal year. 30,167
(2) A county's share of public assistance expenditures 30,169
determined under division (B) of this section may be increased 30,170
696
pursuant to a sanction under section 5101.24 of the Revised Code. 30,172
(D)(1) If the per capita tax duplicate of a county is less 30,175
than the per capita tax duplicate of the state as a whole and 30,176
division (D)(2) of this section does not apply to the county, the 30,178
percentage to be used for the purpose of division (B)(2) of this 30,180
section is the product of ten multiplied by a fraction of which 30,182
the numerator is the per capita tax duplicate of the county and 30,183
the denominator is the per capita tax duplicate of the state as a 30,184
whole. The department of human services shall compute the per 30,185
capita tax duplicate for the state and for each county by 30,186
dividing the tax duplicate for the most recent available year by 30,187
the current estimate of population prepared by the department of 30,188
development.
(2) If the percentage of families in a county with an 30,190
annual income of less than three thousand dollars is greater than 30,191
the percentage of such families in the state and division (D)(1) 30,193
of this section does not apply to the county, the percentage to 30,194
be used for the purpose of division (B)(2) of this section is the 30,195
product of ten multiplied by a fraction of which the numerator is 30,197
the percentage of families in the state with an annual income of 30,198
less than three thousand dollars a year and the denominator is 30,199
the percentage of such families in the county. The department of 30,200
human services shall compute the percentage of families with an 30,201
annual income of less than three thousand dollars for the state 30,202
and for each county by multiplying the most recent estimate of 30,204
such families published by the department of development, by a 30,205
fraction, the numerator of which is the estimate of average 30,206
annual personal income published by the bureau of economic 30,207
analysis of the United States department of commerce for the year 30,208
on which the census estimate is based and the denominator of 30,209
which is the most recent such estimate published by the bureau. 30,210
(3) If the per capita tax duplicate of a county is less 30,213
than the per capita tax duplicate of the state as a whole and the 30,214
percentage of families in the county with an annual income of
697
less than three thousand dollars is greater than the percentage 30,215
of such families in the state, the percentage to be used for the 30,217
purpose of division (B)(2) of this section shall be determined as 30,218
follows: 30,219
(a) Multiply ten by the fraction determined under division 30,223
(D)(1) of this section;
(b) Multiply the product determined under division 30,226
(D)(3)(a) of this section by the fraction determined under 30,228
division (D)(2) of this section. 30,229
(4) The department of human services shall determine, for 30,231
each county, the percentage to be used for the purpose of 30,233
division (B)(2) of this section not later than the first day of 30,235
July of the year preceding the state fiscal year for which the 30,236
percentage is used.
(E) The department of human services shall credit to a 30,239
county the amount of federal reimbursement the department
receives from the United States departments of agriculture and 30,241
health and human services for the county's expenditures for 30,243
administration of food stamps and medicaid that the department 30,245
determines are allowable administrative expenditures. 30,246
(F) The department of human services shall adopt rules in 30,249
accordance with section 111.15 of the Revised Code to establish 30,252
all of the following:
(1) The method the department is to use to change a 30,256
county's share of public assistance expenditures determined under 30,258
division (B) of this section as provided in division (C) of this 30,259
section; 30,260
(2) The allocation methodology and formula the department 30,262
will use to determine the amount of funds to credit to a county 30,263
under this section; 30,264
(3) The method the department will use to change the 30,266
payment of the county share of public assistance expenditures 30,267
from a calendar-year basis to a state fiscal year basis; 30,268
(4) Other procedures and requirements necessary to 30,270
698
implement this section. 30,271
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25 30,281
of the Revised Code, "county social service agency" and "social 30,283
service duty" have the same meanings as in section 307.981 of the 30,284
Revised Code.
(B) The director of human services shall enter into a 30,287
written partnership agreement with each board of county 30,288
commissioners regarding the administration and design of the Ohio 30,289
works first program established under Chapter 5107. of the 30,290
Revised Code, the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, duties 30,292
assumed by a county department of human services pursuant to an 30,294
agreement entered into under section 329.05 of the Revised Code, 30,295
and other county department of human services' duties that the 30,297
director and board mutually agree to include in the agreement. 30,299
The director and board may include in the partnership agreement 30,300
provisions regarding the administration and design of the duties 30,301
of child support enforcement agencies and public children 30,302
services agencies included in a plan of cooperation entered into 30,303
under section 307.983 of the Revised Code that the director and
board mutually agree to include in the agreement. Social service 30,305
duties included in the agreement shall be vested in the board. 30,306
The agreement shall comply with federal statutes and regulations, 30,307
state statutes, and, except as provided in division (B)(9) of 30,308
this section, state rules governing the social service duties 30,309
included in the agreement. 30,310
A partnership agreement shall include responsibilities that 30,313
the state department of human services and county social service 30,314
agencies administering social service duties included in the 30,315
agreement must satisfy. The agreement shall establish, specify, 30,316
or provide for all of the following:
(1) Requirements governing the administration and design 30,318
of, and county social service agencies' cooperation to enhance, 30,319
social service duties included in the agreement; 30,320
699
(2) Outcomes that county social service agencies are 30,322
expected to achieve from the administration and design of social 30,323
service duties included in the agreement and assistance, 30,324
services, and technical support the state department will provide 30,326
the county social service agencies to aid the agencies in 30,327
achieving the expected outcomes;
(3) Performance AND OTHER ADMINISTRATIVE standards county 30,329
social service agencies are required to meet in the design, 30,331
administration, and outcomes of social service duties included in 30,332
the agreement and assistance, services, and technical support the 30,333
state department will provide the county social service agencies 30,334
to aid the agencies in meeting the performance AND OTHER 30,335
ADMINISTRATIVE standards;
(4) Criteria and methodology the state department will use 30,338
to evaluate whether expected outcomes are achieved and
performance AND OTHER ADMINISTRATIVE standards are met and county 30,339
social service agencies will use to evaluate whether the state 30,341
department is providing agreed upon assistance, services, and 30,342
technical support;
(5) Annual financial, administrative, or other incentive 30,344
awards, if any, to be provided in accordance with section 5101.23 30,346
of the Revised Code for exceeding performance AND OTHER 30,347
ADMINISTRATIVE standards; 30,348
(6) The state department taking action against a county 30,350
social service agency pursuant to division (B) of section 5101.24 30,352
of the Revised Code if division (A)(1), (2), or (3) of that 30,355
section applies to the agency; 30,356
(7) The funding of social service duties included in the 30,358
agreement and whether the state department will provide funding 30,359
for two or more county department of human services' duties 30,360
included in the agreement pursuant to a combined funding 30,361
allocation under division (C) of this section. The agreement 30,363
shall either specify the amount of payments to be made for the 30,364
social service duties included in the agreement or the method 30,365
700
that will be used to determine the amount of payments. 30,366
(8) Audits required by federal statutes and regulations 30,368
and state law and requirements for prompt release of audit 30,369
findings and prompt action to correct problems identified in an 30,370
audit; 30,371
(9) Which, if any, of the state department's rules will be 30,374
waived so that a policy provided for in the agreement may be
implemented; 30,375
(10) The method of amending or terminating the agreement 30,377
and an expedited process for correcting terms or conditions of 30,378
the agreement that the director and board agree are erroneous; 30,380
(11) Dispute resolution procedures for anticipated and 30,382
unanticipated disputes. The agreement may establish different 30,383
dispute resolution procedures for different types of disputes. 30,384
Dispute resolution procedures may include negotiation, mediation, 30,386
arbitration, adjudication conducted by a hearing officer or 30,387
fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An 30,389
agreement may not commence before it is entered into nor end 30,390
later than the last day of the state fiscal biennium for which it 30,392
is entered into.
(13) Other provisions determined necessary by the state 30,394
department and the county social services agency. 30,395
(C) The state department shall make payments authorized by 30,398
a partnership agreement on vouchers it prepares and may include 30,400
any funds appropriated or allocated to it for carrying out social 30,401
service duties vested in the board of county commissioners under 30,402
the agreement, including funds for personal services and 30,403
maintenance.
To the extent practicable and not in conflict with federal 30,405
statutes or regulations, state law, or an appropriation made by 30,407
the general assembly, the department may establish a consolidated 30,408
funding allocation for two or more of a county department of 30,409
human services' duties included in the agreement. A county 30,410
701
department of human services shall use funds available in a 30,411
consolidated funding allocation only for the purpose for which
the funds were appropriated. 30,412
(D) The director of human services may enter into 30,415
partnership agreements with one or more boards of county 30,416
commissioners at a time but an agreement must be entered into 30,417
with each board not later than January 1, 2000. Until a 30,418
partnership agreement with a board is entered into and 30,419
implemented, a county social service agency serving the county 30,420
that the board serves shall perform its social service duties in 30,421
the manner they are performed on the effective date of this 30,422
section OCTOBER 1, 1997, with the exception that a county social 30,424
services agency may implement changes authorized by federal 30,425
statutes or regulations, state statutes, or state department 30,426
rules.
Sec. 5101.22. The department of human services may 30,435
establish performance AND OTHER ADMINISTRATIVE standards for the 30,436
administration and outcomes of social service duties and 30,438
determine at intervals the department decides the degree to which 30,439
a county social service agency complies with a performance OR 30,440
OTHER ADMINISTRATIVE standard. The department may use 30,441
statistical sampling, performance audits, case reviews, or other 30,442
methods it determines necessary and appropriate to determine 30,443
compliance with performance AND ADMINISTRATIVE standards. 30,444
A performance OR OTHER ADMINISTRATIVE standard established 30,446
under this section for a social service duty does not apply to a 30,448
county social service agency administering the duty if a 30,449
different performance OR ADMINISTRATIVE standard is specified for 30,450
the agency's administration of the duty pursuant to a partnership 30,452
agreement entered into under section 5101.21 of the Revised Code. 30,454
Sec. 5101.23. Subject to the availability of funds, the 30,463
department of human services may provide annual financial, 30,464
administrative, or other incentive awards to county social 30,465
service agencies that exceed performance AND OTHER ADMINISTRATIVE 30,466
702
standards specified in a partnership agreement entered into under 30,468
section 5101.21 or established under section 5101.22 of the 30,469
Revised Code. The amount of a financial incentive award shall be 30,470
based on the degree to which a county social service agency 30,471
exceeds a performance OR OTHER ADMINISTRATIVE standard and the 30,472
amount of money available in the social services incentive fund 30,474
established under this section. A county social service agency 30,475
may spend funds provided as a financial incentive award only for 30,476
the purpose for which the funds are appropriated. THE DEPARTMENT 30,477
MAY ADOPT INTERNAL MANAGEMENT RULES IN ACCORDANCE WITH SECTION 30,478
111.15 OF THE REVISED CODE TO ESTABLISH THE AMOUNTS OF AWARDS,
METHODOLOGY FOR DISTRIBUTING THE AWARDS, TYPES OF AWARDS, AND 30,479
STANDARDS FOR ADMINISTRATION BY THE DEPARTMENT. 30,480
There is hereby created in the state treasury the social 30,482
services incentive fund. The director of human services may 30,483
request that the director of budget and management transfer funds 30,485
in the Title IV-A reserve fund created under section 5101.82 of 30,487
the Revised Code and other funds appropriated for social service
duties into the fund. If the director of budget and management 30,490
determines that the funds identified by the director of human 30,491
services are available and appropriate for transfer, the director 30,492
of budget and management shall make the transfer. Money in the 30,493
fund shall be used to provide incentive awards under this 30,494
section.
Sec. 5101.33. (A) As used in this section, "public 30,503
assistance BENEFITS" means cash ANY OF THE FOLLOWING: 30,504
(1) CASH assistance paid under Chapter 5107. or 5115. of 30,507
the Revised Code or any;
(2) FOOD STAMP BENEFITS PROVIDED UNDER SECTION 5101.54 OF 30,509
THE REVISED CODE;
(3) ANY OTHER program administered by the department of 30,512
human services under which cash assistance is paid PROVIDED OR 30,513
SERVICE RENDERED;
(4) ANY OTHER PROGRAM, SERVICE, OR ASSISTANCE ADMINISTERED 30,515
703
BY A PERSON OR GOVERNMENT ENTITY THAT THE DEPARTMENT DETERMINES 30,517
MAY BE DELIVERED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT 30,518
TRANSFER.
(B) The director DEPARTMENT of human services may make any 30,520
payment OR DELIVERY of public assistance to eligible recipients 30,522
BENEFITS TO ELIGIBLE INDIVIDUALS through the medium of electronic 30,525
benefit transfer by doing all of the following:
(1) Contracting with an agent to supply debit cards to the 30,527
department of human services for use by such recipients 30,528
INDIVIDUALS in accessing their public assistance BENEFITS and to 30,531
credit such cards electronically with the amounts specified by 30,533
the director OF HUMAN SERVICES pursuant to law; 30,534
(2) Informing such recipients INDIVIDUALS about the use of 30,536
the electronic benefit transfer system and furnishing them with 30,537
debit cards and information that will enable them to access their 30,538
public assistance BENEFITS through the system; 30,539
(3) Arranging with specific financial institutions or 30,541
vendors, or with county departments of human services, OR PERSONS 30,542
OR GOVERNMENT ENTITIES for recipients INDIVIDUALS to have their 30,544
cards credited electronically with the proper amounts at their 30,546
facilities;
(4) Periodically preparing vouchers for the payment of 30,548
such public assistance BENEFITS by electronic benefit transfer; 30,550
(5) SATISFYING ANY APPLICABLE REQUIREMENTS OF FEDERAL AND 30,552
STATE LAW.
(C) The director of human services or his agent shall 30,556
inform the auditor of state of the amount of reimbursement that 30,557
is due each financial institution or vendor that has paid public 30,558
assistance or aid under former Chapter 5113. of the Revised Code 30,559
through the medium DEPARTMENT MAY ENTER INTO A WRITTEN AGREEMENT 30,561
WITH ANY PERSON OR GOVERNMENT ENTITY TO PROVIDE BENEFITS 30,562
ADMINISTERED BY THAT PERSON OR ENTITY THROUGH THE MEDIUM OF 30,564
ELECTRONIC BENEFIT TRANSFER. A WRITTEN AGREEMENT MAY REQUIRE THE
PERSON OR GOVERNMENT ENTITY TO PAY TO THE DEPARTMENT EITHER OR 30,566
704
BOTH OF THE FOLLOWING:
(1) A CHARGE THAT REIMBURSES THE DEPARTMENT FOR ALL COSTS 30,568
THE DEPARTMENT INCURS IN HAVING THE BENEFITS ADMINISTERED BY THE 30,569
PERSON OR ENTITY PROVIDED THROUGH THE ELECTRONIC BENEFIT TRANSFER 30,570
SYSTEM;
(2) A FEE FOR HAVING THE BENEFITS PROVIDED THROUGH THE 30,572
ELECTRONIC BENEFIT TRANSFER SYSTEM. 30,573
(D) THE DEPARTMENT MAY DESIGNATE WHICH COUNTIES WILL 30,576
PARTICIPATE IN THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER, SPECIFY 30,577
THE DATE A DESIGNATED COUNTY WILL BEGIN PARTICIPATION, AND 30,578
SPECIFY WHICH BENEFITS WILL BE PROVIDED THROUGH THE MEDIUM OF 30,579
ELECTRONIC BENEFIT TRANSFER IN A DESIGNATED COUNTY. 30,580
(E) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 30,583
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION
OF THIS SECTION.
Sec. 5101.34. (A) THERE IS HEREBY CREATED IN THE 30,586
DEPARTMENT OF HUMAN SERVICES THE OHIO COMMISSION ON FATHERHOOD. 30,587
THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS: 30,588
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 30,590
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, AND TWO 30,591
MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER 30,592
OF THE HOUSE, EACH FROM A DIFFERENT POLITICAL PARTY. THESE 30,593
MEMBERS SHALL BE FROM LEGISLATIVE DISTRICTS THAT INCLUDE A COUNTY 30,595
OR PART OF A COUNTY THAT IS AMONG THE ONE-THIRD OF COUNTIES IN 30,596
THIS STATE WITH THE HIGHEST NUMBER PER CAPITA OF HOUSEHOLDS 30,597
HEADED BY FEMALES.
(2) THE GOVERNOR, OR THE GOVERNOR'S DESIGNEE; 30,599
(3) ONE REPRESENTATIVE OF THE JUDICIAL BRANCH OF 30,601
GOVERNMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT; 30,603
(4) THE DIRECTORS OF HEALTH, HUMAN SERVICES, 30,605
REHABILITATION AND CORRECTION, AND YOUTH SERVICES AND THE 30,606
SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THEIR DESIGNEES; 30,607
(5) ONE REPRESENTATIVE OF THE OHIO FAMILY AND CHILDREN 30,610
FIRST CABINET COUNCIL CREATED UNDER SECTION 121.37 OF THE REVISED 30,612
705
CODE APPOINTED BY THE CHAIRPERSON OF THE COUNCIL; 30,613
(6) FIVE REPRESENTATIVES OF THE GENERAL PUBLIC APPOINTED 30,615
BY THE GOVERNOR. THESE MEMBERS SHALL HAVE EXTENSIVE EXPERIENCE 30,616
IN ISSUES RELATED TO FATHERHOOD. 30,617
(B) THE APPOINTING AUTHORITIES OF THE OHIO COMMISSION ON 30,620
FATHERHOOD SHALL MAKE INITIAL APPOINTMENTS TO THE COMMISSION 30,621
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. OF 30,622
THE INITIAL APPOINTMENTS TO THE COMMISSION MADE PURSUANT TO 30,623
DIVISIONS (A)(3), (5), AND (6) OF THIS SECTION, THREE OF THE 30,625
MEMBERS SHALL SERVE A TERM OF ONE YEAR AND FOUR SHALL SERVE A 30,626
TERM OF TWO YEARS. MEMBERS SO APPOINTED SUBSEQUENTLY SHALL SERVE 30,627
TWO-YEAR TERMS. A MEMBER APPOINTED PURSUANT TO DIVISION (A)(1) 30,629
OF THIS SECTION SHALL SERVE ON THE COMMISSION UNTIL THE END OF 30,630
THE GENERAL ASSEMBLY FROM WHICH THE MEMBER WAS APPOINTED OR UNTIL 30,631
THE MEMBER CEASES TO SERVE IN THE CHAMBER OF THE GENERAL ASSEMBLY 30,632
IN WHICH THE MEMBER SERVES AT THE TIME OF APPOINTMENT, WHICHEVER 30,633
OCCURS FIRST. THE GOVERNOR OR THE GOVERNOR'S DESIGNEE SHALL 30,634
SERVE ON THE COMMISSION UNTIL THE GOVERNOR CEASES TO BE GOVERNOR. 30,635
THE DIRECTORS AND SUPERINTENDENT OR THEIR DESIGNEES SHALL SERVE 30,636
ON THE COMMISSION UNTIL THEY CEASE, OR THE DIRECTOR OR 30,638
SUPERINTENDENT A DESIGNEE REPRESENTS CEASES, TO BE DIRECTOR OR 30,639
SUPERINTENDENT. EACH MEMBER SHALL SERVE ON THE COMMISSION FROM 30,640
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 30,641
MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. 30,642
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 30,645
ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY 30,646
OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE 30,647
MEMBER'S PREDECESSOR WAS APPOINTED SHALL SERVE ON THE COMMISSION 30,648
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE TO SERVE 30,649
ON THE COMMISSION SUBSEQUENT TO THE EXPIRATION DATE OF THE 30,650
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED OR UNTIL 30,651
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 30,652
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED 30,653
FOR NECESSARY EXPENSES.
706
Sec. 5101.341. (A) THE OHIO COMMISSION ON FATHERHOOD 30,655
ANNUALLY SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. THE 30,656
DEPARTMENT OF HUMAN SERVICES SHALL PROVIDE STAFF AND OTHER 30,657
SUPPORT SERVICES FOR THE COMMISSION. 30,658
(B) THE COMMISSION MAY ACCEPT GIFTS, GRANTS, DONATIONS, 30,661
CONTRIBUTIONS, BENEFITS, AND OTHER FUNDS FROM ANY PUBLIC AGENCY 30,662
OR PRIVATE SOURCE TO CARRY OUT ANY OR ALL OF THE COMMISSION'S 30,663
DUTIES. THE FUNDS SHALL BE DEPOSITED INTO THE OHIO COMMISSION ON 30,664
FATHERHOOD FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 30,665
ALL GIFTS, GRANTS, DONATIONS, CONTRIBUTIONS, BENEFITS, AND OTHER 30,666
FUNDS RECEIVED BY THE COMMISSION PURSUANT TO THIS DIVISION SHALL 30,667
BE USED SOLELY TO SUPPORT THE OPERATIONS OF THE COMMISSION. 30,668
Sec. 5101.342. THE OHIO COMMISSION ON FATHERHOOD SHALL DO 30,671
BOTH OF THE FOLLOWING:
(A) ORGANIZE A STATE SUMMIT ON FATHERHOOD EVERY FOUR 30,673
YEARS;
(B)(1) PREPARE A REPORT EACH YEAR THAT IDENTIFIES 30,676
RESOURCES AVAILABLE TO FUND FATHERHOOD-RELATED PROGRAMS AND 30,677
EXPLORES THE CREATION OF INITIATIVES TO DO THE FOLLOWING: 30,678
(a) BUILD THE PARENTING SKILLS OF FATHERS; 30,680
(b) PROVIDE EMPLOYMENT-RELATED SERVICES FOR LOW-INCOME, 30,683
NONCUSTODIAL FATHERS;
(c) PREVENT PREMATURE FATHERHOOD; 30,685
(d) PROVIDE SERVICES TO FATHERS WHO ARE INMATES IN OR HAVE 30,687
JUST BEEN RELEASED FROM IMPRISONMENT IN A STATE CORRECTIONAL 30,688
INSTITUTION, AS DEFINED IN SECTION 2967.01 OF THE REVISED CODE, 30,689
OR IN ANY OTHER DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 30,690
OF THE REVISED CODE, SO THAT THEY ARE ABLE TO MAINTAIN OR
REESTABLISH THEIR RELATIONSHIPS WITH THEIR FAMILIES; 30,691
(e) RECONCILE FATHERS WITH THEIR FAMILIES; 30,693
(f) INCREASE PUBLIC AWARENESS OF THE CRITICAL ROLE FATHERS 30,696
PLAY.
(2) THE COMMISSION SHALL SUBMIT EACH REPORT PREPARED 30,699
PURSUANT TO DIVISION (B)(1) OF THIS SECTION TO THE PRESIDENT AND 30,700
707
MINORITY LEADER OF THE SENATE, SPEAKER AND MINORITY LEADER OF THE 30,701
HOUSE OF REPRESENTATIVES, GOVERNOR, AND CHIEF JUSTICE OF THE 30,702
SUPREME COURT. THE FIRST REPORT IS DUE NOT LATER THAN ONE YEAR 30,703
AFTER THE LAST OF THE INITIAL APPOINTMENTS TO THE COMMISSION IS 30,704
MADE UNDER SECTION 5101.341 OF THE REVISED CODE. 30,705
Sec. 5101.343. SECTION 101.84 OF THE REVISED CODE DOES NOT 30,708
APPLY TO THE OHIO COMMISSION ON FATHERHOOD. 30,709
Sec. 5101.46. (A) As used in this section: 30,718
(1) "Title XX" means Title XX of the "Social Security 30,721
Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. 30,723
(2) "Respective local agency" means, with respect to the 30,726
department of human services, a county department of human
services; with respect to the department of mental health, a 30,727
board of alcohol, drug addiction, and mental health services; and 30,729
with respect to the department of mental retardation and
developmental disabilities, a county board of mental retardation 30,730
and developmental disabilities. 30,731
(3) "Federal poverty guidelines" means the poverty 30,734
guidelines as revised annually by the United States department of 30,735
health and human services in accordance with section 673(2) of 30,736
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 30,738
U.S.C.A. 9902, as amended, for a family size equal to the size of 30,740
the family of the person whose income is being determined. 30,741
(B) The departments of human services, mental health, and 30,744
mental retardation and developmental disabilities, with their 30,745
respective local agencies, shall administer the provision of 30,746
social services funded through grants made under Title XX. The 30,748
social services furnished with Title XX funds shall be directed 30,749
at the following goals:
(1) Achieving or maintaining economic self-support to 30,751
prevent, reduce, or eliminate dependency; 30,752
(2) Achieving or maintaining self-sufficiency, including 30,754
reduction or prevention of dependency; 30,755
(3) Preventing or remedying neglect, abuse, or 30,757
708
exploitation of children and adults unable to protect their own 30,758
interests, or preserving, rehabilitating, or reuniting families; 30,759
(4) Preventing or reducing inappropriate institutional 30,761
care by providing for community-based care, home-based care, or 30,762
other forms of less intensive care; 30,763
(5) Securing referral or admission for institutional care 30,765
when other forms of care are not appropriate, or providing 30,766
services to individuals in institutions. 30,767
(C)(1) All federal funds received under Title XX shall be 30,770
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of 30,773
human services;
(b) Twelve and ninety-three one-hundreths per cent to the 30,776
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per cent to the 30,779
department of mental retardation and developmental disabilities. 30,780
(2) Each state department shall, subject to the approval 30,783
of the controlling board, develop formulas for the distribution 30,784
of their Title XX appropriations to their respective local 30,786
agencies. The formulas shall take into account the total 30,787
population of the area that is served by the agency, the 30,788
percentage of the population in the area that falls below the 30,789
federal poverty guidelines, and the agency's history of and
ability to utilize Title XX funds. 30,790
(3) Each of the state departments shall expend no more 30,793
than three per cent of its Title XX appropriation for state 30,794
administrative costs. Each of the department's respective local 30,795
agencies shall expend no more than fourteen per cent of its Title 30,797
XX appropriation for local administrative costs.
(4) The department of human services shall expend no more 30,799
than two per cent of its Title XX appropriation for the training 30,802
of the following:
(a) Employees of county departments of human services; 30,805
(b) Providers of services under contract with the state 30,808
709
departments' respective local agencies;
(c) Employees of a public children services agency 30,810
directly engaged in providing Title XX services. 30,813
(D) The department of human services shall prepare a 30,816
biennial comprehensive Title XX social services plan on the 30,817
intended use of Title XX funds. The department shall develop a 30,818
method for obtaining public comment during the development of the 30,819
plan and following its completion. 30,820
For each state fiscal year, the department of human 30,822
services shall prepare a report on the actual use of Title XX 30,824
funds. The department shall make the report available for public 30,825
inspection.
The departments of mental health and mental retardation and 30,828
developmental disabilities shall prepare and submit to the
department of human services the portions of each biennial plan 30,829
and annual report that apply to services for mental health and 30,830
mental retardation and developmental disabilities. Each 30,831
respective local agency of the three state departments shall 30,832
submit information as necessary for the preparation of biennial 30,833
plans and annual reports. 30,834
(E) Each county department shall adopt a county profile 30,837
for the administration and provision of Title XX social services 30,838
in the county. In developing its county profile, the county 30,839
department shall take into consideration the comments and 30,840
recommendations received from the public by the county human 30,841
services planning committee pursuant to section 329.06 of the 30,842
Revised Code. As part of its preparation of the county profile, 30,844
the county department may prepare a local needs report analyzing 30,845
the need for Title XX social services. 30,846
The county department shall submit the county profile to 30,849
the board of county commissioners for its review. Once the
county profile has been approved by the board, the county 30,850
department shall file a copy of the county profile with the state 30,852
department of human services. The state department shall approve 30,853
710
the county profile if the state department determines the profile
provides for the Title XX social services to meet the goals 30,854
specified in division (B) of this section. 30,855
(F) Not less often than every two years, the departments 30,857
of human services, mental health, and mental retardation and 30,858
developmental disabilities each shall commission an entity 30,859
independent of itself to conduct an audit of its Title XX 30,860
expenditures in accordance with generally accepted auditing 30,862
principles. Within thirty days following the completion of its 30,863
audit, each department shall submit a copy of the audit to the 30,864
general assembly and to the United States secretary of health and 30,865
human services. 30,866
(G) Any of the three state departments and their 30,869
respective local agencies may require that an entity under 30,870
contract to provide social services with Title XX funds submit to 30,871
an audit on the basis of alleged misuse or improper accounting of 30,872
funds. The three state departments and their respective local 30,873
agencies may terminate or refuse to enter into a Title XX 30,874
contract with a provider of social services if there are adverse 30,875
findings in an audit that are the responsibility of the provider. 30,876
The amount of any adverse findings shall not be reimbursed with 30,877
Title XX funds. The cost of conducting an audit shall be 30,878
reimbursed under a subsequent or amended Title XX contract with 30,879
the provider. 30,880
(H) If federal funds received by the department of human 30,883
services for use under Chapters 5107. and 5108. of the Revised 30,884
Code are transferred by the controlling board for use in 30,886
providing social services under this section, the DISTRIBUTION 30,887
AND USE OF THE FUNDS ARE NOT SUBJECT TO THE PROVISIONS OF 30,888
DIVISION (C) OF THIS SECTION. THE department shall distribute 30,889
MAY DO ONE OR BOTH OF THE FOLLOWING WITH THE FUNDS:
(1) DISTRIBUTE the funds solely to the county departments 30,892
of human services;
(2) USE THE FUNDS FOR SERVICES THAT BENEFIT INDIVIDUALS 30,894
711
RECEIVING SOCIAL SERVICES FUNDED WITH TITLE XX FUNDS. 30,895
(I) The department of human services may adopt rules 30,897
necessary to carry out the purposes of this section. Rules 30,899
adopted under this division shall be adopted in accordance with 30,901
Chapter 119. of the Revised Code, unless they are internal 30,902
management rules governing fiscal and administrative matters. 30,903
Internal management rules may be adopted in accordance with 30,904
section 111.15 of the Revised Code. 30,906
Sec. 5101.50. (A) AS USED IN THIS SECTION AND IN SECTIONS 30,908
5101.51 TO 5101.518 OF THE REVISED CODE: 30,909
(1) "CHILDREN'S HEALTH INSURANCE PROGRAM" MEANS THE 30,911
PROGRAM AUTHORIZED BY TITLE XXI OF THE "SOCIAL SECURITY ACT," 111 30,913
STAT. 552 (1997), 42 U.S.C.A. 1397aa. 30,915
(2) "FEDERAL POVERTY GUIDELINES" HAS THE SAME MEANING AS 30,917
IN SECTION 5101.46 OF THE REVISED CODE. 30,918
(B) THE DIRECTOR OF HUMAN SERVICES MAY CONTINUE TO OPERATE 30,920
THE CHILDREN'S HEALTH INSURANCE PROGRAM INITIALLY AUTHORIZED BY 30,921
AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF THE REVISED 30,922
CODE AS LONG AS FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR 30,923
THE PROGRAM. IF OPERATED, THE PROGRAM SHALL PROVIDE HEALTH 30,924
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 30,925
WITH FAMILY INCOMES NOT EXCEEDING ONE HUNDRED FIFTY PER CENT OF 30,926
THE FEDERAL POVERTY GUIDELINES. IN ACCORDANCE WITH 42 U.S.C.A. 30,928
1397aa, THE DIRECTOR MAY PROVIDE FOR THE HEALTH ASSISTANCE TO 30,929
MEET THE REQUIREMENTS OF 42 U.S.C.A. 1397cc, TO BE PROVIDED UNDER 30,931
THE MEDICAID PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE 30,932
REVISED CODE, OR TO BE A COMBINATION OF BOTH. 30,933
Sec. 5101.501. HEALTH ASSISTANCE PROVIDED UNDER SECTION 30,935
5101.50 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 30,936
HEALTH INSURANCE PROGRAM PART I. 30,937
Sec. 5101.502. THE DIRECTOR OF HUMAN SERVICES MAY ADOPT 30,939
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 30,940
NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE CHILDREN'S 30,942
HEALTH INSURANCE PROGRAM PART I, INCLUDING RULES THAT ESTABLISH 30,943
712
ALL OF THE FOLLOWING: 30,944
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 30,946
WILL BE REIMBURSED; 30,947
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 30,949
REIMBURSABLE UNDER THE PROGRAM; 30,950
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 30,952
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 30,954
Sec. 5101.503. A COMPLETED APPLICATION FOR MEDICAL 30,956
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 30,957
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 30,959
CHILDREN'S HEALTH INSURANCE PROGRAM PART I IF THE APPLICATION IS 30,960
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 30,962
YEARS OF AGE AND IS DENIED.
Sec. 5101.51. IN ACCORDANCE WITH FEDERAL LAW GOVERNING THE 30,964
CHILDREN'S HEALTH INSURANCE PROGRAM, THE DIRECTOR OF HUMAN 30,965
SERVICES MAY SUBMIT A STATE CHILD HEALTH PLAN TO THE UNITED 30,966
STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO PROVIDE, EXCEPT 30,967
AS PROVIDED IN SECTION 5101.516 OF THE REVISED CODE, HEALTH 30,969
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 30,970
WITH FAMILY INCOMES ABOVE ONE HUNDRED FIFTY PER CENT OF THE 30,971
FEDERAL POVERTY GUIDELINES BUT NOT EXCEEDING TWO HUNDRED PER CENT 30,972
OF THE FEDERAL POVERTY GUIDELINES. IF THE DIRECTOR SUBMITS THE 30,973
PLAN, THE DIRECTOR SHALL INCLUDE BOTH OF THE FOLLOWING IN THE 30,974
PLAN:
(A) THE HEALTH ASSISTANCE WILL NOT BEGIN BEFORE JANUARY 1, 30,977
2000.
(B) THE HEALTH ASSISTANCE WILL BE AVAILABLE ONLY WHILE 30,979
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR IT. 30,980
Sec. 5101.511. HEALTH ASSISTANCE PROVIDED UNDER SECTION 30,982
5101.51 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 30,983
HEALTH INSURANCE PROGRAM PART II. 30,984
Sec. 5101.512. IF THE DIRECTOR OF HUMAN SERVICES SUBMITS A 30,986
STATE CHILD HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH 30,987
AND HUMAN SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND 30,989
713
THE SECRETARY APPROVES THE PLAN, THE DIRECTOR SHALL IMPLEMENT THE
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IN ACCORDANCE WITH 30,991
THE PLAN. THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 30,992
CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR THE EFFICIENT 30,993
ADMINISTRATION OF THE PROGRAM, INCLUDING RULES THAT ESTABLISH ALL 30,996
OF THE FOLLOWING: 30,997
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 30,999
WILL BE REIMBURSED; 31,000
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 31,002
REIMBURSABLE UNDER THE PROGRAM; 31,003
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 31,005
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 31,006
Sec. 5101.513. THE DIRECTOR OF HUMAN SERVICES MAY CONTRACT 31,008
WITH A GOVERNMENT ENTITY OR PERSON TO PERFORM THE DIRECTOR'S 31,009
ADMINISTRATIVE DUTIES REGARDING THE CHILDREN'S HEALTH INSURANCE 31,010
PROGRAM PART II, OTHER THAN THE DUTY TO SUBMIT A STATE CHILD 31,011
HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 31,013
SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND THE DUTY 31,014
TO ADOPT RULES UNDER SECTION 5101.512 OF THE REVISED CODE. 31,015
Sec. 5101.514. IN ACCORDANCE WITH 42 U.S.C.A. 1397aa, THE 31,018
DIRECTOR MAY PROVIDE FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S 31,020
HEALTH INSURANCE PROGRAM PART II TO MEET THE REQUIREMENTS OF 42 31,021
U.S.C.A. 1397cc, TO BE PROVIDED UNDER THE MEDICAID PROGRAM 31,023
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, OR TO BE A 31,024
COMBINATION OF BOTH. 31,025
Sec. 5101.515. THE DIRECTOR OF HUMAN SERVICES MAY 31,027
DETERMINE APPLICANTS' ELIGIBILITY FOR THE CHILDREN'S HEALTH 31,028
INSURANCE PROGRAM PART II BY ANY OF THE FOLLOWING MEANS: 31,029
(A) USING EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES; 31,031
(B) ASSIGNING THE DUTY TO COUNTY DEPARTMENTS OF HUMAN 31,033
SERVICES; 31,034
(C) CONTRACTING WITH A GOVERNMENT ENTITY OR PERSON. 31,036
Sec. 5101.516. IF THE DIRECTOR OF HUMAN SERVICES 31,038
DETERMINES THAT FEDERAL FINANCIAL PARTICIPATION FOR THE 31,039
714
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IS INSUFFICIENT TO 31,040
PROVIDE HEALTH ASSISTANCE TO ALL THE INDIVIDUALS THE DIRECTOR 31,041
ANTICIPATES ARE ELIGIBLE FOR THE PROGRAM, THE DIRECTOR MAY REFUSE 31,042
TO ACCEPT NEW APPLICATIONS FOR THE PROGRAM OR MAY MAKE THE 31,043
PROGRAM'S ELIGIBILITY REQUIREMENTS MORE RESTRICTIVE. 31,044
Sec. 5101.517. TO THE EXTENT PERMITTED BY 42 U.S.C.A. 31,048
1397cc(e), THE DIRECTOR OF HUMAN SERVICES MAY REQUIRE AN 31,049
INDIVIDUAL RECEIVING HEALTH ASSISTANCE UNDER THE CHILDREN'S
HEALTH INSURANCE PROGRAM PART II TO PAY A PREMIUM, DEDUCTIBLE, 31,050
COINSURANCE PAYMENT, OR OTHER COST-SHARING EXPENSE. 31,051
Sec. 5101.518. THE DIRECTOR OF HUMAN SERVICES SHALL 31,053
ESTABLISH AN APPEAL PROCESS FOR INDIVIDUALS AGGRIEVED BY A 31,054
DECISION MADE REGARDING ELIGIBILITY FOR THE CHILDREN'S HEALTH 31,055
INSURANCE PROGRAM PART II. THE PROCESS MAY BE IDENTICAL TO, 31,056
SIMILAR TO, OR DIFFERENT FROM THE APPEAL PROCESS ESTABLISHED BY 31,057
SECTION 5101.35 OF THE REVISED CODE. 31,058
Sec. 5101.519. A COMPLETED APPLICATION FOR MEDICAL 31,060
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 31,061
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 31,063
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IF THE APPLICATION IS 31,064
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 31,066
YEARS OF AGE AND IS DENIED.
Sec. 5101.52. Upon the death of a recipient of aid, under 31,075
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 31,076
U.S.C.A. 301, as amended, or of any person who would be eligible 31,077
for such aid except that he THE PERSON is a resident of a county 31,078
home, or any person who received assistance under former Chapter 31,080
5105., 5106., or 5151. of the Revised Code, for the month of 31,081
December, 1973, or a recipient of aid under Chapter 5107. or 31,082
5115. of the Revised Code who resides RESIDED in an 31,083
unincorporated area, application may be made THE PERSON ENTITLED 31,085
TO RECEIVE PAYMENT FOR FUNERAL, CREMATION, CEMETERY, AND BURIAL 31,086
EXPENSES FOR THE DECEASED RECIPIENT MAY APPLY to the A COUNTY 31,087
department of human services for STATE funds to defray the THOSE 31,088
715
expenses of burial for such deceased recipient. AN ITEMIZED 31,090
SWORN STATEMENT OF THE TOTAL FUNERAL, CREMATION, CEMETERY, AND 31,091
BURIAL CHARGES SUBMITTED BY A FUNERAL DIRECTOR MUST ACCOMPANY THE 31,092
APPLICATION.
THE COUNTY DEPARTMENT THAT RECEIVES THE APPLICATION SHALL 31,094
MAKE THE DETERMINATION OF WHETHER TO APPROVE PAYMENT OF THE 31,095
FUNERAL, CREMATION, CEMETERY, AND BURIAL EXPENSES. THE COUNTY 31,097
DEPARTMENT SHALL NOT APPROVE THE PAYMENT IF THE RECIPIENT, AT THE 31,098
TIME OF DEATH, HAD FUNDS AVAILABLE FOR THE EXPENSES OR IF THE 31,099
TOTAL COST OF THE EXPENSES EXCEEDS THE AMOUNT DESIGNATED IN THIS 31,100
SECTION. ANY PERSON OR GOVERNMENT ENTITY, OTHER THAN THE STATE 31,101
DEPARTMENT OF HUMAN SERVICES, MAY PROVIDE CONTRIBUTIONS, 31,103
ALLOWANCES, AND GRANTS UP TO A TOTAL AMOUNT NOT TO EXCEED THE 31,104
MAXIMUM BURIAL ASSISTANCE PAYMENT UNDER THIS SECTION AND GRAVE 31,105
SPACE TOWARDS ITEMS OF CREMATION, CEMETERY, OUTSIDE RECEPTACLE, 31,106
AND INCIDENTAL FUNERAL AND BURIAL EXPENSES, OTHER THAN A STANDARD 31,107
SIZED CASKET AND PROFESSIONAL SERVICES OF THE FUNERAL DIRECTOR. 31,108
TO THE EXTENT FURNISHED, SUCH CONTRIBUTION, ALLOWANCE, GRANT, OR 31,109
GRAVE SPACE SHALL NOT BE CONSIDERED A PART OF THE TOTAL FUNERAL, 31,110
CREMATION, CEMETERY, AND BURIAL EXPENSES OF THE DECEASED 31,111
RECIPIENT. The COUNTY department shall approve burial PAYMENT OF 31,112
expenses only to the extent of the difference between the 31,113
resources of the deceased person, in real and personal property 31,114
and insurance, and the permissible payment for burial and funeral 31,115
expenses as provided in this section. 31,116
A sum not to exceed the following amount may be ordered 31,118
paid to the proper person to defray the total funeral, cremation, 31,119
cemetery, and burial expenses of the deceased recipient: 31,120
(A) A IF THE DECEASED RECIPIENT WAS A recipient of aid 31,122
under Title XVI of the "Social Security Act," 49 Stat. 620 31,125
(1935), 42 U.S.C.A. 301, as amended, or of any A person who would 31,126
be HAVE BEEN eligible for such aid except that he is a resident 31,128
of THE PERSON RESIDED IN a county home, or any A person who 31,129
received assistance under former Chapter 5105., 5106., or 5151. 31,131
716
of the Revised Code, for the month of December, 1973, or a 31,132
recipient of aid under Chapter 5107. or 5115. of the Revised Code 31,134
who resides RESIDED in an unincorporated area. If such recipient 31,135
is AND WAS eleven years of age or older, seven hundred fifty 31,136
dollars.
(B) A IF THE DECEASED RECIPIENT WAS A recipient of aid 31,138
under Chapter 5107. or 5115. of the Revised Code who resides 31,140
RESIDED in an unincorporated area, if such recipient has AND HAD 31,142
not reached the age of eleven years, five hundred dollars. 31,144
Such funeral, cremation, cemetery, and burial expense 31,146
payments shall not be made to the extent that the recipient, at 31,147
the time of death, had funds available for such purposes. No 31,148
payment shall be made by the department if the total cost of the 31,149
funeral, cremation, cemetery, and burial expenses exceeds the 31,150
amount designated under this section. Contributions, allowances, 31,151
and grants up to a total amount not to exceed the maximum burial 31,152
assistance payment under this section and grave space may be 31,153
furnished by any source, other than the department, towards items 31,154
of cremation, cemetery, outside receptacle, incidental funeral 31,155
and burial expenses, other than a standard sized casket and 31,156
professional services of the funeral director, and to the extent 31,157
so furnished shall not be considered as a part of the total 31,158
funeral, cremation, cemetery, and burial expenses of such 31,159
deceased recipient. Application for state funds shall be filed 31,160
by the proper person entitled to receive payment for funeral and 31,161
burial expenses. An itemized sworn statement of the total 31,162
funeral, cremation, cemetery, and burial charges shall be 31,163
submitted by the funeral director. 31,164
Sec. 5101.541. (A) The department of human services shall 31,173
establish, by rule, effective July 1, 1981, a system of mail 31,174
issuance of food stamp allotments utilizing direct coupon 31,175
mailing. The county department of human services shall 31,176
administer the mailing of such coupons under the supervision of 31,177
the department of human services. The system shall provide for 31,178
717
redetermination of eligibility at the same intervals as are in 31,179
effect on March 23, 1981 or at such other intervals as may be 31,180
required by federal law or regulation. 31,181
(B) The department of human services shall provide an 31,183
alternative system to the system of mail issuance established in 31,184
division (A) of this section in counties where ANY OF THE 31,185
FOLLOWING APPLY: 31,186
(1) The department can document, after notice and hearing, 31,188
significant diminution of demand for mail issuance of food stamp 31,189
coupons; or 31,190
(2) The loss rate for coupons issued through the mail 31,192
exceeds any tolerable loss rate which may be established by rule 31,193
of the United States department of agriculture; 31,194
(3) THE DEPARTMENT PROVIDES FOR FOOD STAMP BENEFITS TO BE 31,196
DISTRIBUTED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER IN 31,197
THE COUNTY PURSUANT TO SECTION 5101.33 OF THE REVISED CODE. 31,198
(C) The county department of human services shall issue to 31,200
each household or the household's authorized representative for 31,201
coupon issuance, at the time eligibility for food stamps is 31,202
established, an identification card. The card shall be issued in 31,203
the name of the household member to whom food stamp coupons are 31,204
issued or the authorized representative. 31,205
Sec. 5101.544. If the benefits of a household are reduced 31,214
under a federal, state, or local means-tested public assistance 31,215
program for failure of a member of the household to perform an 31,216
action required under the program, the household may not receive, 31,217
for the duration of the reduction, an increased allotment of food 31,218
stamp benefits as the result of a decrease in the income of the 31,219
household to the extent that the decrease is the result of the 31,220
reduction. To the extent federal law and regulations or a 31,221
federal waiver permit, an incentive payment under the LEAPprogram established under section 5107.30 of the Revised Code 31,224
shall not result in a decrease in the allotment of food stamp 31,226
benefits a household receives.
718
The department of human services shall adopt rules in 31,228
accordance with Chapter 119. of the Revised Code to implement 31,230
this section. The rules shall be consistent with 7 U.S.C.A. 31,231
2017(d), AND federal regulations, and the terms and conditions of 31,232
the federal waiver authorizing the LEAP program. 31,233
Sec. 5101.83. (A) As used in this section: 31,243
(1) "Assistance group" has the same meaning as in sections 31,245
5107.02 and 5108.01 of the Revised Code. 31,246
(2) "Fraudulent assistance" means assistance and services, 31,250
including cash assistance, provided under the Ohio works first 31,251
program established under Chapter 5107., or the prevention, 31,252
retention, and contingency program established under Chapter 31,253
5108. of the Revised Code, to or on behalf of an assistance group 31,254
that is provided as a result of fraud by a member of the 31,256
assistance group, including an intentional violation of the 31,257
program's requirements. "Fraudulent assistance" does not include 31,258
assistance or services to or on behalf of an assistance group 31,261
that is provided as a result of an error that is the fault of a 31,262
county department of human services or the state department of 31,263
human services.
(B) If a county director of human services determines that 31,267
an assistance group has received fraudulent assistance, the 31,268
assistance group is ineligible to participate in the Ohio works 31,270
first program or the prevention, retention, and contingency 31,271
program until a member of the assistance group repays the cost of 31,273
the fraudulent assistance. If a member repays the cost of the 31,274
fraudulent assistance and the assistance group otherwise meets 31,275
the eligibility requirements for the Ohio works first program or 31,277
the prevention, retention, and contingency program, the
assistance group shall not be denied the opportunity to 31,278
participate in the program. 31,279
This section does not limit the ability of a county 31,281
department of human services to recover erroneous payments under 31,282
section 5107.77 5107.76 of the Revised Code. 31,283
719
The state department of human services shall adopt rules in 31,286
accordance with Chapter 119. of the Revised Code to implement
this section.
Sec. 4 5101.86. (A) As used in this section, "poverty 31,288
guideline" means the official poverty guideline as revised 31,291
annually by the United States Secretary SECRETARY of Health 31,292
HEALTH and Human Services HUMAN SERVICES in accordance with 31,293
section 673 of the "Community Services Block Grant Act," 95 Stat. 31,295
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 31,298
to the size of the family of the person whose income is being
determined. 31,299
(B) The Department DEPARTMENT of Human Services HUMAN 31,302
SERVICES shall establish the Non-TANF Emergency Assistance 31,304
Program ADULT EMERGENCY ASSISTANCE PROGRAM with funds in 31,305
appropriation line item 400-512, Non-TANF Emergency Assistance 31,306
APPROPRIATED BY THE GENERAL ASSEMBLY. 31,307
Funds appropriated for the Non-TANF Emergency Assistance 31,309
Program PROGRAM shall be used to assist persons age eighteen or 31,313
older who are not eligible for assistance under the Temporary 31,314
Assistance for Needy Families Program authorized by Executive 31,315
Order 96-73V and have incomes not greater than 40 per cent of the 31,318
poverty guideline ELIGIBLE FOR THE PROGRAM with emergency needs, 31,319
including food, clothing, shelter, and other essential goods or 31,321
services. The funds shall be used for direct payments to, or on 31,322
behalf of, eligible persons. A PERSON IS ELIGIBLE FOR THE 31,323
PROGRAM IF THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 31,324
(1) THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE; 31,325
(2) THE PERSON IS NOT THE CUSTODIAL PARENT, CUSTODIAN, OR 31,327
GUARDIAN OF A CHILD; 31,328
(3) THE PERSON DOES NOT HAVE INCOME GREATER THAN FORTY PER 31,330
CENT OF THE POVERTY GUIDELINE, UNLESS THE PERSON IS SIXTY-FIVE 31,331
YEARS OF AGE OR OLDER AND RECEIVING SUPPLEMENTAL SECURITY INCOME 31,333
UNDER TITLE XVI OF THE "SOCIAL SECURITY ACT," 86 STAT. 1475 31,334
(1972), 42 U.S.C.A. 1383, AS AMENDED. 31,335
720
(C) As soon as possible after the start of EACH fiscal 31,337
years 1998 and 1999 YEAR, the Department DEPARTMENT shall 31,338
distribute, in a single payment, the funds appropriated that 31,340
fiscal year for the Non-TANF Emergency Assistance Program PROGRAM 31,342
to the Ohio State Set-Aside Committee STATE SET-ASIDE COMMITTEE 31,344
of the Federal Emergency Management Agency FEDERAL EMERGENCY 31,345
MANAGEMENT AGENCY or to a fiscal agent designated by the 31,347
Committee COMMITTEE. The Committee COMMITTEE shall determine the 31,349
amount of the appropriation to be allocated to each county, and 31,350
the Committee COMMITTEE or its fiscal agent shall distribute the 31,351
allocations to the counties. Each county's allocation shall be 31,353
paid to a nonprofit entity that serves as the county's emergency
food and shelter board or to a fiscal agent designated by the 31,354
entity. If an entity serves as the emergency food and shelter 31,355
board for more than one county, the allocation for each of those 31,356
counties shall be paid to that entity. 31,357
The Committee COMMITTEE may reallocate funds during A 31,360
fiscal years 1998 and 1999 YEAR based on its determination of 31,362
local needs and expenditures.
The Committee COMMITTEE or its fiscal agent may use up to 31,365
three per cent of the fiscal years 1998 and 1999 appropriation 31,366
AMOUNT APPROPRIATED FOR A FISCAL YEAR for administrative 31,367
expenses. The Committee COMMITTEE may allow any county entity 31,369
receiving funds under this section in fiscal years 1998 and 1999, 31,370
the entity's fiscal agent, or an entity designated by the county 31,371
entity to use up to four per cent of the county's allocation for 31,373
administrative expenses.
(D) If any local entity returns unexpended fiscal year 31,375
1998 Non-TANF Emergency Assistance funds FOR THE PROGRAM to the 31,378
State Set-Aside Committee COMMITTEE, the Committee COMMITTEE 31,380
shall return the funds to the department. The department shall 31,381
seek approval from the Controlling Board CONTROLLING BOARD to 31,383
transfer the unexpended funds to increase the THAT fiscal year 31,384
1999 YEAR'S appropriation for Non-TANF Emergency Assistance THE 31,387
721
PROGRAM. If the Controlling Board CONTROLLING BOARD approves the 31,389
increase, the Department DEPARTMENT shall distribute the 31,390
increased appropriation to the Committee COMMITTEE or its fiscal 31,392
agent. The Committee COMMITTEE may allocate, distribute, and 31,393
reallocate the additional funds in the same manner as other 31,394
fiscal year 1999 Non-TANF Emergency Assistance funds APPROPRIATED 31,397
THAT FISCAL YEAR FOR THE PROGRAM.
(E) Each entity receiving funds under this section shall 31,400
report to the Set-Aside Committee COMMITTEE, in the form and 31,402
manner required by the Committee COMMITTEE, information regarding 31,405
the entity's use of the funds. The Committee COMMITTEE shall 31,406
compile the information received from these reports and provide 31,407
it to the Department DEPARTMENT and the General Assembly GENERAL 31,410
ASSEMBLY. The Committee COMMITTEE shall provide the Department 31,412
DEPARTMENT and the General Assembly GENERAL ASSEMBLY with the 31,414
information no later than THE THIRTIETH DAY OF September 30 of 31,415
each fiscal year. 31,416
Sec. 5101.93. (A) There is hereby established a welfare 31,426
oversight council consisting of eight voting members, four of 31,427
whom shall be members of the house of representatives, two 31,428
appointed by the speaker and two appointed by the minority leader 31,429
of the house of representatives, not more than two of whom shall 31,430
be members of the same political party, and four of whom shall be 31,431
members of the senate, two appointed by the president and two 31,432
appointed by the minority leader of the senate, not more than two 31,433
of whom shall be members of the same political party. The 31,434
director of administrative services, the administrator of the 31,435
bureau of employment services, and the director of human services 31,437
shall be ex officio nonvoting members and two representatives of 31,438
the general public appointed by the governor shall be nonvoting 31,439
members of the council. The council may, by a majority vote, add 31,441
other nonvoting members to the council. A vacancy on the council 31,443
shall be filled in the same manner as the original appointment. 31,444
(B) The speaker of the house of representatives shall 31,446
722
designate the initial chairperson of the welfare oversight 31,447
council and the president of the senate shall designate the 31,448
initial vice-chairperson of the council. Thereafter, the 31,449
authority to designate the chairperson and the vice-chairperson 31,450
shall alternate between the speaker of the house and the 31,451
president of the senate. The chairperson and vice-chairperson 31,452
and other members of the council shall serve one-year terms. 31,453
The council shall meet at least four times a year in 31,456
Columbus or other locations selected by the chairperson to 31,457
monitor and review the Ohio works first program established under 31,458
Chapter 5107. of the Revised Code, including sanctions imposed 31,459
under section 5107.16 of the Revised Code; the prevention, 31,460
retention, and contingency program established under Chapter 31,462
5108. of the Revised Code; and the department of human services, 31,463
county departments of human services, child support enforcement 31,464
agencies, and public children services agencies. The council may 31,465
visit the department, county departments, and agencies. 31,466
The chairperson of the council shall determine the agenda 31,469
for each meeting of the council, except that if at least four 31,470
legislative members of the council submit a written request to 31,471
the chairperson to consider an item, the chairperson shall place 31,472
the item on the agenda of the council's next regularly scheduled 31,473
meeting occurring more than ten days after the written request is 31,474
submitted to the chairperson.
(C) The members of the welfare oversight council shall 31,476
serve without compensation but shall be reimbursed for their 31,477
actual and necessary expenses incurred in the discharge of their 31,478
official duties. In the discharge of its duties the council may 31,480
issue subpoenas compelling the attendance of witnesses and the 31,481
production of any records of the department of human services or 31,482
local agencies. The council shall adopt rules to implement this 31,483
section.
(D) The welfare oversight council shall advise the general 31,485
assembly on the performance of the department of human services, 31,487
723
county departments of human services, child support enforcement 31,488
agencies, and public children services agencies. The council 31,489
shall submit recommendations to the general assembly for any 31,490
changes in law that the council considers necessary or 31,491
appropriate. Between lines 9,970a and 9,979, insert: 31,492
Sec. 5104.30. (A) The department of human services is 31,501
hereby designated as the state agency responsible for 31,502
administration and coordination of federal and state funding for 31,503
publicly funded child day-care in this state. Publicly funded 31,504
child day-care shall be provided to the following: 31,505
(1) Recipients of transitional child day-care as provided 31,507
under section 5104.34 of the Revised Code; 31,508
(2) Participants in the Ohio works first program 31,511
established under Chapter 5107. of the Revised Code;
(3) INDIVIDUALS WHO WOULD BE PARTICIPATING IN THE OHIO 31,513
WORKS FIRST PROGRAM IF NOT FOR A SANCTION UNDER SECTION 5107.16 31,514
OF THE REVISED CODE AND WHO CONTINUE TO PARTICIPATE IN A WORK 31,515
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 31,516
PURSUANT TO AN ASSIGNMENT UNDER SECTION 5107.42 OF THE REVISED 31,517
CODE;
(4) A family receiving publicly funded child day-care on 31,519
October 1, 1997, until the family's income reaches one hundred 31,521
fifty per cent of the federal poverty line;
(4)(5) Subject to available funds, other individuals 31,523
determined eligible in accordance with rules adopted under 31,525
section 5104.38 of the Revised Code.
The department shall apply to the United States department 31,528
of health and human services for authority to operate a 31,529
coordinated program for publicly funded child day-care, if the 31,530
director of human services determines that the application is 31,531
necessary. For purposes of this section, the department of human 31,532
services may enter into agreements with other state agencies that 31,533
are involved in regulation or funding of child day-care. The 31,534
department shall consider the special needs of migrant workers 31,535
724
when it administers and coordinates publicly funded child 31,536
day-care and shall develop appropriate procedures for 31,537
accommodating the needs of migrant workers for publicly funded 31,538
child day-care.
(B) The department of human services shall distribute 31,540
state and federal funds for publicly funded child day-care, 31,541
including appropriations of state funds for publicly funded child 31,542
day-care and appropriations of federal funds for publicly funded 31,543
child day-care under Title XX of the "Social Security Act," 88 31,545
Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, and the child 31,546
care block grant act. The department may use any state funds 31,547
appropriated for publicly funded child day-care as the state 31,548
share required to match any federal funds appropriated for 31,549
publicly funded child day-care.
(C) The department may use federal funds available under 31,551
the child care block grant act to hire staff to prepare any rules 31,552
required under this chapter and to administer and coordinate 31,553
federal and state funding for publicly funded child day-care. 31,554
Not more than five per cent of the aggregate amount of 31,557
those federal funds received for a fiscal year may be expended 31,558
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 31,559
(1) Activities designed to provide comprehensive consumer 31,561
education to parents and the public; 31,562
(2) Activities that increase parental choice; 31,564
(3) Activities, including child day-care resource and 31,566
referral services, designed to improve the quality, and increase 31,567
the supply, of child day-care.
(D) The department shall ensure that any federal funds 31,569
received by the state under the child care block grant act will 31,570
be used only to supplement, and will not be used to supplant, 31,571
federal, state, and local funds available on the effective date 31,572
of that act for publicly funded child day-care and related 31,573
programs. A county department of human services may purchase 31,574
725
child day-care from funds obtained through any other means. 31,575
(E) The department shall encourage the development of 31,577
suitable child day-care throughout the state, especially in areas 31,578
with high concentrations of recipients of public assistance and 31,579
families with low incomes. The department shall encourage the 31,581
development of suitable child day-care designed to accommodate 31,582
the special needs of migrant workers. On request, the 31,583
department, through its employees or contracts with state or
community child day-care resource and referral service 31,584
organizations, shall provide consultation to groups and 31,585
individuals interested in developing child day-care. The 31,586
department of human services may enter into interagency 31,587
agreements with the department of education, the board of 31,588
regents, the department of development, and other state agencies 31,589
and entities whenever the cooperative efforts of the other state 31,590
agencies and entities are necessary for the department of human 31,591
services to fulfill its duties and responsibilities under this 31,592
chapter. 31,593
The department may develop and maintain a registry of 31,595
persons providing child day-care and may adopt rules pursuant to 31,596
Chapter 119. of the Revised Code establishing procedures and 31,598
requirements for its administration.
(F) The department shall adopt rules in accordance with 31,600
Chapter 119. of the Revised Code establishing a procedure for 31,601
determining rates of reimbursement and a procedure for paying 31,602
providers of publicly funded child day-care. In establishing 31,603
rates of reimbursement pursuant to this division, the department 31,604
shall use the information obtained under division (B)(3) of 31,605
section 5104.04 of the Revised Code and may establish different 31,606
rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special 31,607
needs of the child, whether expanded hours of service are 31,608
provided, whether weekend service is provided, whether the 31,609
provider has exceeded the minimum requirements of state statutes 31,610
726
and rules governing child day-care, and any other factors the 31,611
department considers appropriate. The department shall establish 31,612
an enhanced rate of reimbursement for providers who provide child 31,613
day-care for caretaker parents who work nontraditional hours.
FOR A TYPE B FAMILY DAY-CARE HOME THAT HAS RECEIVED LIMITED 31,615
CERTIFICATION PURSUANT TO RULES ADOPTED UNDER DIVISION (G)(1) OF 31,616
SECTION 5104.011 OF THE REVISED CODE, THE DEPARTMENT SHALL ADOPT 31,618
RULES ESTABLISHING A REIMBURSEMENT RATE THAT IS THE GREATER OF
THE RATE THAT WAS IN EFFECT FOR THE HOME ON OCTOBER 1, 1997, OR 31,619
SEVENTY-FIVE PER CENT OF THE REIMBURSEMENT RATE THAT APPLIES TO A 31,622
TYPE B FAMILY DAY-CARE HOME CERTIFIED BY THE SAME COUNTY 31,623
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5104.11 OF THE 31,624
REVISED CODE.
Sec. 5104.32. (A) Except as provided in division (C) of 31,634
this section, all purchases of publicly funded child day-care 31,635
shall be made under a contract entered into by a licensed child 31,636
day-care center, licensed type A family day-care home, certified 31,637
type B family day-care home, certified in-home aide, approved 31,638
child day camp, licensed preschool program, or licensed school 31,639
child program and the county department of human services. A 31,640
county department of human services may enter into a contract 31,641
with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an 31,642
unspecified period of time. All contracts for publicly funded 31,643
child day-care shall be contingent upon the availability of state 31,644
and federal funds. The department of human services shall 31,645
prescribe a standard form to be used for all contracts for the 31,646
purchase of publicly funded child day-care, regardless of the 31,647
source of public funds used to purchase the child day-care. To 31,648
the extent permitted by federal law and notwithstanding any other 31,649
provision of the Revised Code that regulates state or county 31,650
contracts or contracts involving the expenditure of state, 31,651
county, or federal funds, all contracts for publicly funded child 31,652
day-care shall be entered into in accordance with the provisions 31,653
727
of this chapter and are exempt from any other provision of the 31,654
Revised Code that regulates state or county contracts or 31,655
contracts involving the expenditure of state, county, or federal 31,656
funds. 31,657
(B) Each contract for publicly funded child day-care shall 31,659
specify at least the following: 31,660
(1) Except as provided in division (B)(2) of this section, 31,663
that the provider of publicly funded child day-care agrees to be 31,664
paid for rendering services at the lower of the rate customarily 31,665
charged by the provider for children enrolled for child day-care 31,666
or the rate of reimbursement established pursuant to section 31,667
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 31,669
day-care to caretaker parents who work nontraditional hours, that 31,670
the provider is to be paid for rendering services to those 31,671
caretaker parents at the rate of reimbursement established 31,672
pursuant to section 5104.30 of the Revised Code regardless of 31,674
whether that rate is higher than the rate the provider 31,675
customarily charges for children enrolled for child day-care; 31,676
(3) That, if a provider provides child day-care to an 31,678
individual potentially eligible for publicly funded child 31,679
day-care who is subsequently determined to be eligible, the 31,680
county department agrees to pay for all child day-care provided 31,681
between the date the county department receives the individual's 31,682
completed application and the date the individual's eligibility 31,683
is determined; 31,684
(4) Whether the county department of human services, the 31,686
provider, or a child day-care resource and referral service 31,687
organization will make eligibility determinations, whether the 31,688
provider or a child day-care resource and referral service 31,689
organization will be required to collect information to be used 31,690
by the county department to make eligibility determinations, and 31,691
the time period within which the provider or child day-care 31,692
resource and referral service organization is required to 31,693
728
complete required eligibility determinations or to transmit to 31,694
the county department any information collected for the purpose 31,695
of making eligibility determinations; 31,696
(5) That the provider shall continue to be licensed, 31,698
approved, or certified pursuant to this chapter or sections 31,699
3301.52 to 3301.59 of the Revised Code and shall comply with all 31,700
standards and other requirements in this chapter and those 31,701
sections and in rules adopted pursuant to this chapter or those 31,702
sections for maintaining the provider's license, approval, or 31,703
certification; 31,704
(6) Whether the provider will be paid by the county 31,706
department of human services or the state department of human 31,707
services; 31,708
(7) That the contract is subject to the availability of 31,710
state and federal funds; 31,711
(8) THAT, FOR EACH SIX-MONTH PERIOD THE PROVIDER PROVIDES 31,713
PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD, THE PROVIDER WILL BE 31,714
PAID FOR UP TO TEN DAYS, OR, AT THE OPTION OF THE COUNTY 31,715
DEPARTMENT, A GREATER NUMBER OF DAYS, THE PROVIDER WOULD HAVE 31,716
PROVIDED THE CHILD PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD 31,717
BEEN PRESENT.
(C) Unless specifically prohibited by federal law, the 31,719
county department of human services shall give individuals 31,720
eligible for publicly funded child day-care the option of 31,721
obtaining certificates for payment that the individual may use to 31,722
purchase services from any provider qualified to provide publicly 31,723
funded child day-care under section 5104.31 of the Revised Code. 31,724
Providers of publicly funded child day-care may present these 31,725
certificates for payment for reimbursement in accordance with 31,726
rules that the department of human services shall adopt. Only 31,727
providers may receive reimbursement for certificates for payment. 31,728
The value of the certificate for payment shall be based on the 31,729
lower of the rate customarily charged by the provider or the rate 31,731
of reimbursement established pursuant to section 5104.30 of the 31,732
729
Revised Code, unless the provider provides publicly funded child 31,733
day-care to caretaker parents who work nontraditional hours, in 31,734
which case the value of the certificate for payment for the 31,735
services to those caretaker parents shall be based on the rate of 31,736
reimbursement established pursuant to that section regardless of 31,737
whether that rate is higher than the rate customarily charged by 31,738
the provider. The county department may provide the certificates 31,740
for payment to the individuals or may contract with child 31,741
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 31,742
publicly funded child day-care pursuant to contracts entered into 31,743
under section 5104.34 of the Revised Code for the providers or 31,744
resource and referral service organizations to provide the 31,745
certificates for payment to individuals whom they determine are 31,746
eligible for publicly funded child day-care. 31,747
FOR EACH SIX-MONTH PERIOD A PROVIDER OF PUBLICLY FUNDED 31,749
CHILD DAY-CARE PROVIDES PUBLICLY FUNDED CHILD DAY-CARE TO THE 31,750
CHILD OF AN INDIVIDUAL GIVEN CERTIFICATES OF PAYMENT, THE 31,751
INDIVIDUAL SHALL PROVIDE THE PROVIDER CERTIFICATES FOR DAYS THE 31,752
PROVIDER WOULD HAVE PROVIDED PUBLICLY FUNDED CHILD DAY-CARE TO 31,753
THE CHILD HAD THE CHILD BEEN PRESENT. COUNTY DEPARTMENTS SHALL 31,754
SPECIFY THE MAXIMUM NUMBER OF DAYS PROVIDERS WILL BE PROVIDED 31,755
CERTIFICATES OF PAYMENT FOR DAYS THE PROVIDER WOULD HAVE PROVIDED 31,756
PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD BEEN PRESENT. THE
MAXIMUM NUMBER OF DAYS SHALL BE AT LEAST TEN. 31,757
Sec. 5104.34. (A)(1) Each county department of human 31,766
services shall implement procedures for making determinations of 31,767
eligibility for publicly funded child day-care. Under those 31,768
procedures, the eligibility determination for each applicant 31,769
shall be made no later than thirty calendar days from the date 31,770
the county department receives a completed application for 31,771
publicly funded child day-care. Each applicant shall be notified 31,772
promptly of the results of the eligibility determination. An 31,773
applicant aggrieved by a decision or delay in making an 31,774
730
eligibility determination may appeal the decision or delay to the 31,775
department of human services in accordance with section 5101.35 31,776
of the Revised Code. The due process rights of applicants shall 31,777
be protected. 31,778
To the extent permitted by federal law, the county 31,780
department may make all determinations of eligibility for 31,781
publicly funded child day-care, may contract with child day-care 31,782
providers or child day-care resource and referral service 31,783
organizations for the providers or resource and referral service 31,784
organizations to make all or any part of the determinations, and 31,785
may contract with child day-care providers or child day-care 31,786
resource and referral service organizations for the providers or 31,787
resource and referral service organizations to collect specified 31,788
information for use by the county department in making 31,789
determinations. If a county department contracts with a child 31,790
day-care provider or a child day-care resource and referral 31,791
service organization for eligibility determinations or for the 31,792
collection of information, the contract shall require the 31,793
provider or resource and referral service organization to make 31,794
each eligibility determination no later than thirty calendar days 31,795
from the date the provider or resource and referral organization 31,796
receives a completed application that is the basis of the 31,797
determination and to collect and transmit all necessary 31,798
information to the county department within a period of time that 31,799
enables the county department to make each eligibility 31,800
determination no later than thirty days after the filing of the 31,801
application that is the basis of the determination. 31,802
The county department may station employees of the 31,804
department in various locations throughout the county and may 31,805
assign employees of the department to hours of employment outside 31,806
the normal working hours of the department to collect information 31,807
relevant to applications for publicly funded child day-care and 31,808
to make eligibility determinations. The county department, child 31,809
day-care provider, and child day-care resource and referral 31,810
731
service organization shall make each determination of eligibility 31,811
for publicly funded child day-care no later than thirty days 31,812
after the filing of the application that is the basis of the 31,813
determination, shall make each determination in accordance with 31,814
any relevant rules adopted pursuant to section 5104.38 of the 31,815
Revised Code, and shall notify promptly each applicant for 31,816
publicly funded child day-care of the results of the 31,817
determination of the applicant's eligibility. 31,818
On or before October 1, 1991, the department of human 31,820
services shall adopt rules in accordance with Chapter 119. of the 31,821
Revised Code for monitoring the eligibility determination 31,822
process. In accordance with those rules, the state department 31,823
shall monitor eligibility determinations made by county 31,824
departments of human services and shall direct any entity that is 31,825
not in compliance with this division or any rule adopted under 31,826
this division to implement corrective action specified by the 31,827
department. 31,828
(2) All eligibility determinations for publicly funded 31,831
child day-care shall be made in accordance with rules adopted by 31,832
the department of human services pursuant to division (A) of 31,833
section 5104.38 of the Revised Code and, if a county department 31,835
of human services specifies, pursuant to rules adopted under 31,836
division (B) of that section, a maximum amount of income a family 31,838
may have to be eligible for publicly funded child day-care, the 31,839
income maximum specified by the county department. Publicly 31,840
funded child day-care may be provided only to eligible infants, 31,841
toddlers, preschool children, and school children under age 31,842
thirteen. For an applicant to be eligible for publicly funded 31,843
child day-care, the caretaker parent must be employed or 31,844
participating in a program of education or training for an amount 31,845
of time reasonably related to the time that the parent's children 31,846
are receiving publicly funded child day-care. This restriction 31,847
does not apply to families whose children are eligible for
protective or special needs day-care. 31,848
732
Subject to available funds, a county department of human 31,850
services shall allow a family to receive publicly funded child 31,852
day-care unless the family's income exceeds the maximum income 31,855
eligibility limit. Initial and continued eligibility for 31,856
publicly funded child day-care is subject to available funds 31,857
unless the family is receiving transitional child day-care as 31,859
provided under this section, participating in the Ohio works 31,860
first program established under Chapter 5107. of the Revised 31,861
Code, or was receiving publicly funded child day-care on October 31,863
1, 1997, and has a family income below one hundred fifty per cent 31,864
of the federal poverty line PURSUANT TO DIVISION (A)(1), (2), 31,865
(3), OR (4) OF SECTION 5104.30 OF THE REVISED CODE. If the 31,866
department must limit eligibility due to lack of available funds, 31,868
it shall give first priority for publicly funded child day-care 31,869
to an assistance group whose income is not more than the maximum 31,870
income eligibility limit that received transitional child 31,872
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 31,873
shall continue to receive priority for publicly funded child 31,874
day-care until its income exceeds the maximum income eligibility 31,876
limit.
(3) An assistance group that ceases to participate in the 31,878
Ohio works first program established under Chapter 5107. of the 31,880
Revised Code is eligible for transitional child day-care at any 31,882
time during the immediately following twelve-month period that 31,883
both of the following apply:
(a) The assistance group requires child day-care due to 31,885
employment; 31,886
(b) The assistance group's income is not more than one 31,888
hundred fifty per cent of the federal poverty line. 31,889
An assistance group ineligible to participate in the Ohio 31,891
works first program pursuant to section 5101.83 or section 31,892
5107.16 of the Revised Code is not eligible for transitional 31,895
child day-care. 31,896
733
(B) To the extent permitted by federal law, a county 31,898
department of human services may require a caretaker parent 31,899
determined to be eligible for publicly funded child day-care to 31,900
pay a fee according to the schedule of fees established in rules 31,901
adopted under section 5104.38 of the Revised Code. Each county 31,902
department shall make protective day-care services available to 31,903
children without regard to the income or assets of the caretaker 31,904
parent of the child. 31,905
(C) A caretaker parent receiving publicly funded child 31,907
day-care shall report to the entity that determined eligibility 31,909
any changes in status with respect to employment or participation 31,910
in a program of education or training.
(D) If a county department of human services determines 31,912
that available resources are not sufficient to provide publicly 31,913
funded child day-care to all eligible families who request it, 31,914
the county department may establish a waiting list. A county 31,915
department may establish separate waiting lists within the 31,916
waiting list based on income. When resources become available to 31,918
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 31,919
assess the needs of the next family scheduled to receive publicly 31,921
funded child day-care. If the assessment demonstrates that the 31,922
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 31,923
family. If the county department determines that the family is 31,924
no longer eligible or no longer needs publicly funded child 31,925
day-care, the county department shall remove the family from the 31,926
waiting list.
(E) As used in this section, "maximum income eligibility 31,929
limit" means the amount of income specified in rules adopted 31,930
under division (A) of section 5104.38 of the Revised Code or, if 31,933
a county department of human services specifies a higher amount 31,934
pursuant to rules adopted under division (B) of that section, the 31,936
amount the county department specifies.
734
Sec. 5104.341. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 31,939
THIS SECTION, BOTH OF THE FOLLOWING APPLY: 31,940
(1) AN ELIGIBILITY DETERMINATION MADE UNDER SECTION 31,942
5104.34 OF THE REVISED CODE FOR PUBLICLY FUNDED CHILD DAY-CARE IS 31,943
VALID FOR ONE YEAR; 31,944
(2) A FEE CHARGED UNDER DIVISION (B) OF SECTION 5104.34 OF 31,946
THE REVISED CODE SHALL NOT BE CHANGED DURING THE ONE-YEAR PERIOD, 31,948
UNLESS A CARETAKER PARENT REQUESTS THAT THE FEE BE REDUCED DUE TO 31,949
CHANGES IN INCOME, FAMILY SIZE, OR BOTH AND THE COUNTY DEPARTMENT 31,950
OF HUMAN SERVICES APPROVES THE REDUCTION.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY IN EITHER 31,953
OF THE FOLLOWING CIRCUMSTANCES: 31,954
(1) THE PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED UNDER 31,956
DIVISION (B)(4) OF SECTION 5104.35 OF THE REVISED CODE; 31,957
(2) THE RECIPIENT OF THE PUBLICLY FUNDED CHILD DAY-CARE 31,959
CEASES TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE. 31,960
Sec. 5104.38. In addition to any other rules adopted under 31,969
this chapter, the department of human services shall adopt rules 31,970
in accordance with Chapter 119. of the Revised Code governing 31,972
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 31,973
(A) Procedures and criteria to be used in making 31,975
determinations of eligibility for publicly funded child day-care 31,976
that give priority to children of families with lower incomes and 31,978
procedures and criteria for eligibility for publicly funded 31,979
protective day-care. The rules shall specify the maximum amount 31,980
of income a family may have for initial and continued 31,981
eligibility. The UNTIL JULY 1, 2000, THE maximum amount shall 31,983
not exceed one hundred eighty-five per cent of the federal 31,984
poverty line. EFFECTIVE JULY 1, 2000, THE MAXIMUM AMOUNT SHALL 31,985
NOT EXCEED TWO HUNDRED PER CENT OF THE FEDERAL POVERTY LINE.
(B) Procedures under which a county department of human 31,987
services may, if the department, under division (A) of this 31,989
section, specifies a maximum amount of income a family may have 31,990
735
for eligibility for publicly funded child day-care that is less 31,991
than one hundred eighty-five per cent of the federal poverty line 31,992
THE MAXIMUM AMOUNT SPECIFIED IN THAT DIVISION, specify a maximum 31,993
amount of income a family residing in the county the county 31,994
department serves may have for initial and continued eligibility 31,995
for publicly funded child day-care that is higher than the amount 31,996
specified by the department but does not exceed one hundred 31,997
eighty-five per cent of the federal poverty line THE MAXIMUM
AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION; 31,998
(C) A schedule of fees requiring all eligible caretaker 32,001
parents to pay a fee for publicly funded child day-care according 32,002
to income and family size, which shall be uniform for all types 32,003
of publicly funded child day-care, except as authorized by rule, 32,004
and, to the extent permitted by federal law, shall permit the use 32,006
of state and federal funds to pay the customary deposits and 32,007
other advance payments that a provider charges all children who 32,008
receive child day-care from that provider;. THE SCHEDULE OF FEES 32,009
MAY NOT PROVIDE FOR A CARETAKER PARENT TO PAY A FEE THAT EXCEEDS 32,010
TEN PER CENT OF THE PARENT'S FAMILY INCOME. 32,011
(D) A formula based upon a percentage of the county's 32,013
total expenditures for publicly funded child day-care for 32,014
determining the maximum amount of state and federal funds 32,015
appropriated for publicly funded child day-care that a county 32,016
department may use for administrative purposes; 32,017
(E) Procedures to be followed by the department and county 32,019
departments in recruiting individuals and groups to become 32,020
providers of child day-care; 32,021
(F) Procedures to be followed in establishing state or 32,023
local programs designed to assist individuals who are eligible 32,024
for publicly funded child day-care in identifying the resources 32,025
available to them and to refer the individuals to appropriate 32,026
sources to obtain child day-care; 32,027
(G) Procedures to deal with fraud and abuse committed by 32,029
either recipients or providers of publicly funded child day-care; 32,030
736
(H) Procedures for establishing a child day-care grant or 32,032
loan program in accordance with the child care block grant act; 32,033
(I) Standards and procedures for applicants to apply for 32,035
grants and loans, and for the department to make grants and 32,036
loans; 32,037
(J) A definition of "person who stands in loco parentis" 32,039
for the purposes of division (HH)(1) of section 5104.01 of the 32,041
Revised Code;
(K) PROCEDURES FOR A COUNTY DEPARTMENT OF HUMAN SERVICES 32,044
TO FOLLOW IN MAKING ELIGIBILITY DETERMINATIONS AND 32,045
REDETERMINATIONS FOR PUBLICLY FUNDED CHILD DAY-CARE AVAILABLE 32,046
THROUGH TELEPHONE, COMPUTER, AND OTHER MEANS AT LOCATIONS OTHER 32,047
THAN THE COUNTY DEPARTMENT;
(L) Any other rules necessary to carry out sections 32,049
5104.30 to 5104.39 of the Revised Code. 32,050
Sec. 5107.02. As used in this chapter: 32,060
(A) "Adult" means an individual who is not a minor child. 32,062
(B) "Assistance group" means a group of individuals 32,064
treated as a unit for purposes of determining eligibility for and 32,065
the amount of assistance provided under Ohio works first. 32,066
(C) "CUSTODIAL PARENT" MEANS EITHER PARENT, UNLESS THE 32,068
PARENTS ARE SEPARATED OR DIVORCED OR THEIR MARRIAGE HAS BEEN 32,069
DISSOLVED OR ANNULLED, IN WHICH CASE "CUSTODIAL PARENT" MEANS THE 32,070
PARENT WHO IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE 32,071
CHILD.
(D) "CUSTODIAN" MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTODY, 32,073
AS DEFINED IN SECTION 2151.011 OF THE REVISED CODE, OF A MINOR 32,074
CHILD OR COMPARABLE STATUS OVER A MINOR CHILD CREATED BY A COURT 32,076
OF COMPETENT JURISDICTION IN ANOTHER STATE. 32,077
(E) "GUARDIAN" MEANS AN INDIVIDUAL THAT IS GRANTED 32,079
AUTHORITY BY A PROBATE COURT PURSUANT TO CHAPTER 2111. OF THE 32,080
REVISED CODE, OR A COURT OF COMPETENT JURISDICTION IN ANOTHER 32,081
STATE, TO EXERCISE PARENTAL RIGHTS OVER A MINOR CHILD TO THE 32,082
EXTENT PROVIDED IN THE COURT'S ORDER AND SUBJECT TO RESIDUAL 32,083
737
PARENTAL RIGHTS OF THE MINOR CHILD'S PARENTS.
(F) "Minor child" means either of the following: 32,085
(1) An individual who has not attained age eighteen; 32,087
(2) An individual who has not attained age nineteen and is 32,090
a full-time student in a secondary school or in the equivalent 32,091
level of vocational or technical training.
(D)(G) "Minor head of household" means a minor child who 32,093
is a CUSTODIAL parent of a child included in the same assistance 32,096
group that does not include an adult.
(E)(H) "Ohio works first" means the program established by 32,098
this chapter known as temporary assistance for needy families in 32,099
Title IV-A. 32,100
(F)(I) "Payment standard" means the amount specified in 32,102
rules adopted under section 5107.05 of the Revised Code that is 32,104
the maximum amount of cash assistance an assistance group may 32,106
receive under Ohio works first from state and federal funds. 32,107
(G)(J) "Specified relative" means the following 32,109
individuals who are age eighteen or older: 32,110
(1) The following individuals related by blood or 32,112
adoption: 32,113
(a) Grandparents, including grandparents with the prefix 32,116
"great," "great-great," or "great-great-great;";
(b) Siblings; 32,118
(c) Aunts, uncles, nephews, and nieces, including such 32,121
relatives with the prefix "great," "great-great.," "grand," or 32,123
"great-grand;";
(d) First cousins and first cousins once removed. 32,126
(2) Stepparents and stepsiblings; 32,128
(3) Spouses and former spouses of individuals named in 32,131
division (G)(J)(1) or (2) of this section. 32,132
(H)(K) "Title IV-A" or "Title IV-D" mean MEANS Title IV-A 32,135
or Title IV-D of the "Social Security Act," 49 Stat. 620 (1935), 32,137
42 U.S.C. 301, as amended. 32,138
Sec. 5107.05. The department of human services shall adopt 32,148
738
rules to implement this chapter. The rules shall be consistent 32,149
with Title IV-A, Title IV-D, federal regulations, state law, the 32,150
Title IV-A state plan submitted to the United States secretary of 32,152
health and human services under section 5101.80 of the Revised 32,154
Code, amendments to the plan, and waivers granted by the United 32,156
States secretary. Rules governing eligibility, program 32,157
participation, and other applicant and participant requirements 32,158
shall be adopted in accordance with Chapter 119. of the Revised 32,160
Code. Rules governing financial and other administrative 32,161
requirements applicable to the department and county departments 32,162
of human services shall be adopted in accordance with section 32,163
111.15 of the Revised Code. 32,164
(A) The rules shall specify, establish, or govern all of 32,166
the following: 32,167
(1) A payment standard for Ohio works first based on 32,169
federal and state appropriations; 32,170
(2) The method of determining the amount of cash 32,172
assistance an assistance group receives under Ohio works first; 32,173
(3) Requirements for initial and continued eligibility for 32,176
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 32,177
The rules regarding income shall specify what is countable 32,178
income, gross earned income, and gross unearned income for the 32,179
purpose of section 5107.10 of the Revised Code. 32,180
(4) For the purpose of section 5107.12 of the Revised 32,183
Code, application and verification procedures, including the 32,184
minimum information an application must contain;. IF THERE ARE 32,185
AT LEAST TWO TELEPHONE NUMBERS AVAILABLE THAT A COUNTY DEPARTMENT 32,186
OF HUMAN SERVICES CAN CALL TO CONTACT MEMBERS OF AN ASSISTANCE 32,187
GROUP, WHICH MAY INCLUDE THE TELEPHONE NUMBER OF AN INDIVIDUAL 32,188
WHO CAN CONTACT AN ASSISTANCE GROUP MEMBER FOR THE COUNTY 32,189
DEPARTMENT, THE MINIMUM INFORMATION SHALL INCLUDE AT LEAST THOSE 32,191
TWO TELEPHONE NUMBERS.
(5) The extent to which a participant of Ohio works first 32,193
739
must notify, pursuant to section 5107.12 of the Revised Code, a 32,195
county department of human services of additional income not 32,196
previously reported to the county department; 32,197
(6) Requirements for the collection and distribution of 32,199
support payments owed participants of Ohio works first pursuant 32,200
to section 5107.20 of the Revised Code; 32,202
(7) For the purpose of section 5107.22 of the Revised 32,205
Code, what constitutes cooperating in establishing a minor 32,206
child's paternity or establishing, modifying, or enforcing a 32,207
child support order and good cause for failure or refusal to 32,208
cooperate. The rule shall be consistent with 42 U.S.C.A. 32,209
654(29). 32,210
(8) The administration of the LEAP program provided for 32,212
under section 5107.30 of the Revised Code; 32,213
(9) Circumstances under which a county department of human 32,215
services may exempt a minor head of household or adult from 32,216
participating in a work activity or developmental activity for 32,217
all or some of the weekly hours otherwise required by section 32,218
5107.43 of the Revised Code. Circumstances shall include that a 32,219
school or place of work is closed due to a holiday or weather or 32,221
other emergency and that an employer grants the minor head of 32,222
household or adult leave for illness or earned vacation.
(10) The maximum amount of time the department will 32,224
subsidize positions created by state agencies and political 32,225
subdivisions under division (C) of section 5107.52 of the Revised 32,227
Code.
(B) The rules may provide that a county department of 32,230
human services is not required to take action under section 32,231
5107.76 of the Revised Code to recover an erroneous payment that 32,233
is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section: 32,242
(1) "Countable income," "gross earned income," and "gross 32,244
unearned income" have the meanings established in rules adopted 32,245
under section 5107.05 of the Revised Code. 32,246
740
(2) "Gross income" means gross earned income and gross 32,248
unearned income. 32,249
(3) "Strike" means continuous concerted action in failing 32,251
to report to duty; willful absence from one's position; or 32,252
stoppage of work in whole from the full, faithful, and proper 32,253
performance of the duties of employment, for the purpose of 32,254
inducing, influencing, or coercing a change in wages, hours, 32,255
terms, and other conditions of employment. "Strike" does not 32,256
include a stoppage of work by employees in good faith because of 32,257
dangerous or unhealthful working conditions at the place of 32,258
employment that are abnormal to the place of employment. 32,259
(B) Under the Ohio works first program, an assistance 32,261
group shall receive, except as otherwise provided by this 32,263
chapter, time-limited cash assistance. In the case of an 32,264
assistance group that includes a minor head of household or 32,265
adult, assistance shall be provided in accordance with the 32,266
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 32,269
assistance group must meet all of the following requirements: 32,270
(1) The assistance group, except as provided in division 32,272
(E) of this section, must include at least one of the following: 32,274
(a) A minor child who, except as provided in section 32,276
5107.24 of the Revised Code, resides with a custodial parent, 32,278
legal guardian, CUSTODIAN, or specified relative caring for the 32,279
child;
(b) A CUSTODIAL PARENT OR specified relative of a minor 32,281
child receiving supplemental security income under Title XIV of 32,283
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 32,284
1383, as amended, or federal, state, or local foster care or 32,285
adoption assistance who resides with and cares for the minor 32,286
child;
(c) A woman at least six months pregnant. 32,288
(2) The assistance group must meet the income requirements 32,291
741
established by division (D) of this section. 32,292
(3) No member of the assistance group may be involved in a 32,294
strike.
(4) The assistance group must satisfy the requirements for 32,297
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 32,299
(5) The assistance group must meet requirements for Ohio 32,301
works first established by rules adopted under section 5107.05 of 32,303
the Revised Code. 32,304
(D)(1) Except as provided in division (D)(3) of this 32,306
section, to determine whether an assistance group is initially 32,307
eligible to participate in Ohio works first, a county department 32,309
of human services shall do the following:
(a) Determine whether the assistance group's gross income 32,312
exceeds the following amount:
Size of Assistance Group Gross Income 32,315
1 $423 32,317
2 $537 32,318
3 $630 32,319
4 $750 32,320
5 $858 32,321
6 $942 32,322
7 $1,038 32,323
8 $1,139 32,324
9 $1,241 32,325
10 $1,343 32,326
11 $1,440 32,327
12 $1,542 32,328
13 $1,643 32,329
14 $1,742 32,330
15 $1,844 32,331
For each person in the assistance group that brings the 32,334
assistance group to more than fifteen persons, add one hundred 32,335
two dollars to the amount of gross income for an assistance group 32,337
742
of fifteen specified in division (D)(1)(a) of this section. 32,338
In making this determination, the county department shall 32,341
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 32,343
disregarded. The assistance group is ineligible to participate 32,344
in Ohio works first if the assistance group's gross income, less 32,345
the amounts disregarded, exceeds the amount specified in division 32,346
(D)(1)(a) of this section. 32,347
(b) If the assistance group's gross income, less the 32,350
amounts disregarded pursuant to division (D)(1)(a) of this 32,352
section, does not exceed the amount specified in that division,
determine whether the assistance group's countable income is less 32,354
than the payment standard. The assistance group is ineligible to 32,355
participate in Ohio works first if the assistance group's 32,356
countable income equals or exceeds the payment standard. 32,358
(2) To determine whether an assistance group participating 32,361
in Ohio works first continues to be eligible to participate, a 32,362
county department of human services shall determine whether the 32,363
assistance group's countable income continues to be less than the 32,364
payment standard. In making this determination, the county 32,365
department shall disregard the first two hundred fifty dollars 32,366
and fifty per cent of the remainder of the assistance group's 32,367
gross earned income for the first eighteen months after the first 32,368
month the assistance group receives gross earned income while 32,369
participating in Ohio works first. No amounts shall be 32,370
disregarded from the assistance group's gross unearned income. 32,371
The assistance group ceases to be eligible to participate in Ohio 32,372
works first if its countable income, less the amounts 32,373
disregarded, equals or exceeds the payment standard. 32,374
(3) If an assistance group reapplies to participate in 32,376
Ohio works first not more than four months after ceasing to 32,377
participate, a county department of human services shall use the 32,379
income requirement established by division (D)(2) of this section 32,380
to determine eligibility for resumed participation rather than 32,381
743
the income requirement established by division (D)(1) of this 32,383
section.
(E)(1) An assistance group may continue to participate in 32,385
Ohio works first even though a public children services agency 32,386
removes the assistance group's minor children from the assistance 32,388
group's home due to abuse, neglect, or dependency if the agency 32,389
does both of the following:
(a) Notifies the county department of human services at 32,392
the time the agency removes the children that it believes the 32,393
children will be able to return to the assistance group within 32,394
three SIX months;
(b) Informs the county department at the end of both EACH 32,397
of the first two FIVE months after the agency removes the 32,398
children that the CUSTODIAL parent, legal guardian, CUSTODIAN, or 32,400
specified relative of the children is cooperating with the case 32,402
plans prepared for the children under section 2151.412 of the 32,403
Revised Code and that the agency is making reasonable efforts to 32,405
return the children to the assistance group.
(2) An assistance group may continue to participate in 32,407
Ohio works first pursuant to division (E)(1) of this section for 32,409
not more than three SIX payment months. This division does not 32,410
affect the eligibility of an assistance group that includes a 32,412
woman at least six months pregnant. 32,413
Sec. 5107.11. (A) A SPECIFIED RELATIVE OF A MINOR CHILD 32,415
RESIDING WITH THE MINOR CHILD IS NOT REQUIRED TO BE INCLUDED IN 32,417
THE MINOR CHILD'S ASSISTANCE GROUP. TO THE EXTENT PERMITTED BY 32,418
RULES ADOPTED UNDER SECTION 5107.05 OF THE REVISED CODE GOVERNING 32,419
ASSISTANCE GROUP COMPOSITION REQUIREMENTS AND EXCEPT AS PROVIDED 32,420
IN DIVISION (B) OF THIS SECTION, THE SPECIFIED RELATIVE MAY 32,421
CHOOSE TO BE INCLUDED IN THE MINOR CHILD'S ASSISTANCE GROUP. 32,423
(B) IF A SPECIFIED RELATIVE RESIDES WITH THE SPECIFIED 32,425
RELATIVE'S OWN MINOR CHILD AND ANOTHER MINOR CHILD WHO IS RELATED 32,426
TO THE SPECIFIED RELATIVE IN A MANNER THAT MAKES THE SPECIFIED 32,427
RELATIVE A SPECIFIED RELATIVE, THE SPECIFIED RELATIVE SHALL BE, 32,428
744
TO THE EXTENT PROVIDED BY RULES ADOPTED UNDER SECTION 5107.05 OF 32,429
THE REVISED CODE GOVERNING ASSISTANCE GROUP COMPOSITION 32,430
REQUIREMENTS, A MEMBER OF THE ASSISTANCE GROUP OF THE SPECIFIED 32,432
RELATIVE'S OWN MINOR CHILD BUT MAY NOT BE A MEMBER OF THE OTHER
MINOR CHILD'S ASSISTANCE GROUP. 32,433
(C) A GUARDIAN OR CUSTODIAN MAY NOT BE A MEMBER OF THE 32,435
ASSISTANCE GROUP OF THE MINOR CHILD FOR WHOM THE GUARDIAN OR 32,436
CUSTODIAN IS GUARDIAN OR CUSTODIAN, UNLESS THE GUARDIAN OR 32,437
CUSTODIAN IS A SPECIFIED RELATIVE OF THE MINOR CHILD. 32,438
Sec. 5107.16. (A) If a member of an assistance group 32,448
fails or refuses, without good cause, to comply in full with a 32,449
provision of a self-sufficiency contract entered into under 32,450
section 5107.14 of the Revised Code, a county department OF HUMAN 32,451
SERVICES shall sanction the assistance group as follows: 32,452
(1) For a first failure or refusal, the county department 32,454
shall deny or terminate the assistance group's eligibility to 32,455
participate in Ohio works first for one payment month or until 32,456
the failure or refusal ceases, whichever is longer; 32,457
(2) For a second failure or refusal, the county department 32,460
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until 32,462
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 32,464
county department shall deny or terminate the assistance group's 32,465
eligibility to participate in Ohio works first for six payment 32,466
months or until the failure or refusal ceases, whichever is 32,467
longer. 32,468
(B) Each county department of human services shall 32,471
establish standards for the determination of good cause for 32,472
failure or refusal to comply in full with a provision of a 32,473
self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 32,475
a work activity, developmental activity, or alternative work 32,476
activity under sections 5107.40 to 5107.69 of the Revised Code, 32,478
745
good cause shall include, except as provided in division (B)(2) 32,480
of this section, the following: 32,481
(a) Failure of the county department to place the member 32,484
in an activity;
(b) Failure of the county department to provide for the 32,487
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 32,489
to be necessary. In determining whether good cause exists, a 32,490
county department shall determine that day care is a necessary 32,491
support service if a single custodial parent caring for a minor 32,492
child under age six proves a demonstrated inability, as 32,493
determined by the county department, to obtain needed child care 32,494
for one or more of the following reasons: 32,495
(i) Unavailability of appropriate child care within a 32,498
reasonable distance from the CUSTODIAL parent's home or work
site; 32,499
(ii) Unavailability or unsuitability of informal child 32,502
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 32,505
child care arrangements.
(2) Good cause does not exist if the member of the 32,507
assistance group is placed in a work activity established under 32,509
section 5107.58 of the Revised Code and exhausts the support 32,510
services available for that activity. 32,511
(C) When a state hearing under division (B) of section 32,514
5101.35 of the Revised Code or an administrative appeal under 32,517
division (C) of that section is held regarding a sanction under 32,518
this section, the hearing officer, director of human services, or 32,519
director's designee shall base the decision in the hearing or 32,520
appeal on the county department's standards of good cause for 32,521
failure or refusal to comply in full with a provision of a 32,522
self-sufficiency contract, if the county department provides the 32,523
hearing officer, director, or director's designee a copy of the 32,524
county department's good cause standards. 32,525
746
(D) After sanctioning an assistance group under division 32,528
(A) of this section, a county department of human services shall 32,530
CONTINUE TO WORK WITH THE ASSISTANCE GROUP TO provide the member 32,531
of the assistance group who caused the sanction an opportunity to 32,532
demonstrate to the county department a willingness to cease the 32,533
failure or refusal to comply with the self-sufficiency contract. 32,534
(E)(1) A minor child eligible for medical assistance 32,537
pursuant to division (A)(1)(b) of section 5111.01 of the Revised 32,540
Code who would be eligible to participate in Ohio works first if 32,542
not for a sanction under this section does not lose eligibility 32,543
for medical assistance.
(2) An adult eligible for medical assistance pursuant to 32,545
division (A)(1)(b) of section 5111.01 of the Revised Code who 32,548
would be eligible to participate in Ohio works first if not for a 32,549
sanction under division (A)(1) or (2) of this section does not 32,551
lose eligibility for medical assistance. An adult eligible for 32,552
medical assistance pursuant to division (A)(1)(b) of section 32,554
5111.01 of the Revised Code who is sanctioned under division 32,557
(A)(3) of this section loses eligibility for medical assistance 32,558
unless the adult is otherwise eligible for medical assistance 32,559
pursuant to another division of section 5111.01 of the Revised 32,561
Code. 32,562
(3) An adult eligible for medical assistance pursuant to 32,564
division (A)(1)(a) of section 5111.01 of the Revised Code who is 32,569
sanctioned under division (A)(3) of this section for a failure or 32,571
refusal, without good cause, to comply in full with a provision 32,572
of a self-sufficiency contract related to work responsibilities 32,573
under sections 5107.40 to 5107.69 of the Revised Code loses 32,574
eligibility for medical assistance unless the adult is otherwise 32,575
eligible for medical assistance pursuant to another division of 32,576
section 5111.01 of the Revised Code. 32,578
(F) AN ASSISTANCE GROUP THAT WOULD BE PARTICIPATING IN 32,581
OHIO WORKS FIRST IF NOT FOR A SANCTION UNDER THIS SECTION SHALL
CONTINUE TO BE ELIGIBLE FOR ALL OF THE FOLLOWING: 32,582
747
(1) PUBLICLY FUNDED CHILD DAY-CARE IN ACCORDANCE WITH 32,584
DIVISION (A)(3) OF SECTION 5104.30 OF THE REVISED CODE; 32,585
(2) SUPPORT SERVICES IN ACCORDANCE WITH SECTION 5107.66 OF 32,587
THE REVISED CODE; 32,588
(3) TO THE EXTENT PERMITTED BY THE "FAIR LABOR STANDARDS 32,591
ACT OF 1938," 52 STAT. 1060, 29 U.S.C.A. 201, AS AMENDED, TO 32,592
PARTICIPATE IN WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 32,593
ALTERNATIVE WORK ACTIVITIES IN ACCORDANCE WITH SECTIONS 5107.40
TO 5107.69 OF THE REVISED CODE. 32,594
Sec. 5107.161. BEFORE A COUNTY DEPARTMENT OF HUMAN 32,596
SERVICES SANCTIONS AN ASSISTANCE GROUP UNDER SECTION 5107.16 OF 32,597
THE REVISED CODE, THE COUNTY DEPARTMENT SHALL PROVIDE THE 32,599
ASSISTANCE GROUP WRITTEN NOTICE OF THE SANCTION. THE WRITTEN
NOTICE SHALL INCLUDE A PROVISION PRINTED IN BOLD TYPE FACE THAT 32,600
INFORMS THE ASSISTANCE GROUP THAT IT MAY REQUEST A FACE-TO-FACE 32,601
MEETING WITH THE COUNTY DEPARTMENT NOT LATER THAN TEN DAYS AFTER 32,602
RECEIVING THE WRITTEN NOTICE TO EXPLAIN WHY THE ASSISTANCE GROUP 32,603
BELIEVES IT SHOULD NOT BE SANCTIONED. THE WRITTEN NOTICE SHALL 32,604
INCLUDE THE TELEPHONE NUMBERS OF THE ASSISTANCE GROUP'S 32,605
CASEWORKER AND OF AN OHIO WORKS FIRST OMBUDSPERSON PROVIDED FOR 32,606
UNDER SECTION 329.07 OF THE REVISED CODE WHO THE ASSISTANCE GROUP 32,607
MAY CALL IF UNABLE TO CONTACT THE CASEWORKER AND THE TOLL-FREE 32,610
TELEPHONE NUMBER OF THE STATE DEPARTMENT OF HUMAN SERVICES. 32,612
Sec. 5107.17. AN ASSISTANCE GROUP THAT RESUMES 32,614
PARTICIPATION IN OHIO WORKS FIRST FOLLOWING A SANCTION UNDER 32,616
SECTION 5107.16 OF THE REVISED CODE IS NOT REQUIRED TO DO EITHER 32,617
OF THE FOLLOWING:
(A) REAPPLY UNDER SECTION 5107.12 OF THE REVISED CODE, 32,620
UNLESS IT IS THE ASSISTANCE GROUP'S REGULARLY SCHEDULED TIME FOR 32,621
AN ELIGIBILITY REDETERMINATION; 32,622
(B) ENTER INTO A NEW SELF-SUFFICIENCY CONTRACT UNDER 32,624
SECTION 5107.14 OF THE REVISED CODE, UNLESS THE COUNTY DEPARTMENT 32,625
DETERMINES IT IS TIME FOR A NEW APPRAISAL UNDER SECTION 5107.41 32,626
OF THE REVISED CODE OR THE ASSISTANCE GROUP'S CIRCUMSTANCES HAVE 32,627
748
CHANGED IN A MANNER NECESSITATING AN AMENDMENT TO THE 32,628
SELF-SUFFICIENCY CONTRACT AS DETERMINED USING PROCEDURES INCLUDED 32,629
IN THE CONTRACT UNDER DIVISION (I) OF SECTION 5107.14 OF THE 32,631
REVISED CODE. 32,632
Sec. 5107.18. (A) Except as provided in divisions (B), 32,641
(C), (D), and (E) of this section, an assistance group is 32,643
ineligible to participate in Ohio works first if the assistance 32,644
group includes an adult who has participated in the program for
thirty-six months. The time limit applies regardless of whether 32,645
the thirty-six months are consecutive. 32,646
(B) An assistance group that has ceased to participate in 32,649
Ohio works first pursuant to division (A) of this section for at 32,651
least twenty-four months may reapply to participate in the 32,652
program if good cause exists as determined by the county 32,653
department of human services. Good cause may include losing 32,654
employment, inability to find employment, divorce, domestic 32,655
violence considerations, and unique personal circumstances. The 32,656
assistance group must provide a county department of human 32,657
services verification acceptable to the county department of 32,658
whether any members of the assistance group had employment during 32,659
the period the assistance group was not participating in Ohio 32,660
works first and the amount and sources of the assistance group's 32,661
income during that period. If a county department is satisfied 32,662
that good cause exists for the assistance group to reapply to 32,663
participate in Ohio works first, the assistance group may 32,664
reapply. Except as provided in divisions (C), (D), and (E) of 32,666
this section, the assistance group may not participate in Ohio 32,667
works first for more than twenty-four additional months. The 32,668
time limit applies regardless of whether the twenty-four months 32,669
are consecutive.
(C) In determining the number of months a CUSTODIAL parent 32,672
or pregnant woman has received assistance under Title IV-A, a 32,676
county department of human services shall disregard any month
during which the CUSTODIAL parent or pregnant woman was a minor 32,678
749
child but was neither a minor head of household nor married to 32,679
the head of an assistance group.
(D) In determining the number of months an adult has 32,682
received assistance under Title IV-A, a county department of 32,686
human services shall disregard any month during which the adult 32,687
lived on an Indian reservation or in an Alaska native village, as 32,689
those terms are used in 42 U.S.C.A. 608(a)(7)(D), if, during the 32,693
month, at least one thousand individuals lived on the reservation 32,694
or in the village and at least fifty per cent of the adults 32,695
living on the reservation or in the village were unemployed. 32,696
(E) A county department of human services may exempt not 32,699
more than twenty per cent of the average monthly number of Ohio 32,701
works first participants from the time limit established by this 32,702
section on the grounds that the county department determines that 32,703
the time limit is a hardship. In the case of the time limit 32,704
established by division (A) of this section, a county department 32,705
may not exempt an assistance group until the group has exhausted 32,706
its thirty-six months of cash assistance. 32,707
(F) The state department of human services shall 32,709
continually monitor the percentage of the average monthly number 32,710
of Ohio works first participants in each county that is exempted 32,712
under division (E) of this section from the time limit 32,713
established by this section. On determining that the percentage 32,715
in any county equals or exceeds eighteen per cent, the state
department shall immediately notify the county department of 32,716
human services. 32,717
(G) Only participation in Ohio works first on or after 32,719
October 1, 1997, applies to the time limit established by this 32,721
section. The time limit applies regardless of the source of 32,722
funding for the program. Assistance under Title IV-A provided by 32,725
any state applies to the time limit. The time limit is a 32,726
lifetime limit. No assistance group shall receive assistance 32,727
under the program in violation of the time limit for assistance 32,728
under Title IV-A established by section 408(a)(7) of the "Social 32,731
750
Security Act," as amended by the "Personal Responsibility and 32,732
Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 32,734
U.S.C.A. 608(a)(7). 32,735
Sec. 5107.22. As used in this section, "caretaker" means 32,745
the CUSTODIAL parent of a minor child or a relative acting in the 32,747
parent's place. Unless 32,748
UNLESS good cause for failure or refusal exists as 32,750
determined pursuant to rules adopted under section 5107.05 of the 32,752
Revised Code, the caretaker of a minor child shall cooperate, if 32,754
the caretaker is a member of the child's assistance group, in 32,755
establishing the child's paternity and establishing, modifying, 32,756
and enforcing a support order for the child. The child support 32,757
enforcement agency with responsibility for administering the 32,758
assistance group's paternity and support order requirements shall 32,760
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 32,761
available to the caretaker to verify the identity of the minor 32,762
child's father and establish, modify, and enforce a support 32,763
order.
A child support enforcement agency shall notify the county 32,766
department of human services serving the county in which a 32,767
caretaker resides if the agency determines that the caretaker has 32,768
failed or refused to cooperate under this section without good 32,769
cause and the caretaker is a member of an assistance group 32,770
participating in Ohio works first. 32,771
Sec. 5107.24. (A) As used in this section: 32,780
(1) "Adult-supervised living arrangement" means a family 32,782
setting approved, licensed, or certified by the department of 32,784
human services, the department of mental health, the department 32,785
of mental retardation and developmental disabilities, the 32,786
department of youth services, a public children services agency, 32,787
a private child placing agency, or a private noncustodial agency 32,788
that is maintained by a person age eighteen or older who assumes 32,789
responsibility for the care and control of a minor parent, 32,790
751
pregnant minor, or child of a minor parent or provides the minor 32,791
parent, pregnant minor, or child of a minor parent supportive 32,792
services, including counseling, guidance, and supervision. 32,793
"Adult-supervised living arrangement" does not mean a public 32,794
institution. 32,795
(2) "Child of a minor parent" means a child born to a 32,798
minor parent, except that the child ceases to be considered a 32,799
child of a minor parent when the minor parent attains age 32,800
eighteen.
(3) "Minor parent" means a CUSTODIAL parent who is under 32,802
age eighteen and is not married. 32,804
(4) "Pregnant minor" means a pregnant person who is under 32,806
age eighteen and not married. 32,808
(B)(1) Except as provided in division (B)(2) of this 32,811
section, a pregnant minor, minor parent, or child of a minor 32,812
parent must reside in a place of residence maintained by a 32,814
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 32,816
relative of the pregnant minor or minor parent as the CUSTODIAL 32,817
parent's, guardian's, CUSTODIAN'S, or specified relative's own 32,818
home to be eligible to participate in Ohio works first. 32,820
(2) A pregnant minor, minor parent, or child of a minor 32,823
parent is exempt from the requirement of division (B)(1) of this 32,824
section if any of the following apply:
(a) The minor parent or pregnant minor does not have a 32,826
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 32,828
relative living or whose whereabouts are known. 32,829
(b) No CUSTODIAL parent, legal guardian, CUSTODIAN, or 32,832
specified relative of the minor parent or pregnant minor will 32,834
allow the pregnant minor, minor parent, or minor parent's child 32,835
to live in the CUSTODIAL parent's, legal guardian's, CUSTODIAN'S 32,836
or specified relative's home. 32,837
(c) The department of human services, a county department 32,839
of human services, or a public children services agency 32,841
determines that the physical or emotional health or safety of the 32,842
752
pregnant minor, minor parent, or minor parent's child would be in 32,843
jeopardy if the pregnant minor, minor parent, or minor parent's 32,844
child lived in the same home as the CUSTODIAL parent, legal 32,845
guardian, CUSTODIAN, or specified relative. 32,847
(d) The department of human services, a county department 32,850
of human services, or a public children services agency otherwise 32,851
determines that it is in the best interest of the pregnant minor, 32,853
minor parent, or minor parent's child to waive the requirement of 32,854
division (B)(1) of this section.
(C) A pregnant minor, minor parent, or child of a minor 32,856
parent exempt from the requirement of division (B)(1) of this 32,858
section must reside in an adult-supervised living arrangement to 32,859
be eligible to participate in Ohio works first.
(D) The department of human services, whenever possible, 32,861
shall provide cash assistance under Ohio works first to the 32,863
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 32,864
relative of a pregnant minor or minor parent on behalf of the 32,865
pregnant minor, minor parent, or minor parent's child. 32,866
Sec. 5107.26. (A) As used in this section: 32,875
(1) "Transitional child day-care" means publicly funded 32,878
child day-care provided under division (A)(3) of section 5104.34 32,880
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 32,883
provided under section 5111.023 of the Revised Code. 32,884
(B) Except as provided in division (C) of this section, 32,886
each member of an assistance group participating in Ohio works 32,887
first is ineligible to participate in the program for six payment 32,890
months if a county department of human services determines that a 32,892
member of the assistance group terminated the member's employment 32,894
and each person who, ON THE DAY PRIOR TO THE DAY A RECIPIENT 32,895
BEGINS TO RECEIVE TRANSITIONAL CHILD DAY-CARE OR TRANSITIONAL
MEDICAID, was a member of the RECIPIENT'S assistance group of a 32,897
recipient of transitional child day-care or transitional medicaid 32,898
on the day prior to the day the recipient begins to receive 32,899
753
transitional child day-care or transitional medicaid is 32,900
ineligible to participate in Ohio works first for six payment 32,902
months if a county department determines that the recipient 32,904
terminated the recipient's employment. 32,906
(C) No assistance group member shall lose or be denied 32,909
eligibility to participate in Ohio works first pursuant to 32,911
division (B) of this section if THE TERMINATION OF EMPLOYMENT WAS 32,912
BECAUSE AN ASSISTANCE GROUP MEMBER OR RECIPIENT OF TRANSITIONAL 32,913
CHILD DAY-CARE OR TRANSITIONAL MEDICAID SECURED COMPARABLE OR 32,914
BETTER EMPLOYMENT OR the county department of human services 32,916
certifies that the assistance group member who OR RECIPIENT 32,918
terminated THE employment did so with just cause. 32,919
Just cause includes the following: 32,921
(1) Discrimination by an employer based on age, race, sex, 32,924
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 32,926
employment unreasonable, such as working without being paid on 32,927
schedule; 32,928
(3) Employment that has become unsuitable due to any of 32,930
the following: 32,931
(a) The wage is less than the federal minimum wage; 32,933
(b) The work is at a site subject to a strike or lockout, 32,936
unless the strike has been enjoined under section 208 of the 32,937
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 32,938
U.S.C.A. 178, as amended, an injunction has been issued under 32,940
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 32,942
U.S.C.A. 160, as amended, or an injunction has been issued under 32,943
section 4117.16 of the Revised Code; 32,944
(c) The documented degree of risk to the assistance group 32,947
member's MEMBER OR RECIPIENT'S health and safety is unreasonable; 32,949
(d) The assistance group member OR RECIPIENT is physically 32,951
or mentally unfit to perform the employment, as documented by 32,952
medical evidence or by reliable information from other sources. 32,954
(4) Documented illness of the assistance group member OR 32,957
754
RECIPIENT or of another assistance group member OF THE MEMBER OR 32,959
RECIPIENT requiring the presence of the assistance group member 32,960
OR RECIPIENT;
(5) A documented household emergency; 32,962
(6) Lack of adequate child care for children of the 32,964
assistance group member OR RECIPIENT who are under six years of 32,965
age. 32,966
Sec. 5107.28. (A) As used in this section and in sections 32,975
5107.281 to 5107.287 of the Revised Code: 32,977
(1) "Cash assistance payment" means the monthly amount an 32,979
assistance group is eligible to receive under Ohio works first. 32,980
(2) "Parent" means the CUSTODIAL parent, legal guardian, 32,982
CUSTODIAN, or specified relative with charge or care of a 32,984
learnfare participant.
(3) "Participating student" means a participant of Ohio 32,986
works first who is subject to the school attendance requirement 32,988
of the learnfare program as determined under section 5107.281 of 32,989
the Revised Code.
(B) The state department of human services shall establish 32,993
the learnfare program. The board of county commissioners of any 32,994
county may choose to have the county participate in the learnfare 32,995
program. The county department of human services of each 32,996
participating county shall administer the program in accordance 32,998
with sections 5107.28 to 5107.287 of the Revised Code and 32,999
policies the county department establishes for the program. 33,000
(C) The program shall provide for reduction in the cash 33,003
assistance payment to the assistance group of a participating 33,004
student if the student fails to comply with the program's school 33,006
attendance requirement two or more times during a school year. 33,007
(D) The program may provide for an incentive to encourage 33,010
a parent or, if a participating student is eighteen or nineteen 33,012
years of age, the student to consent to the release of the 33,013
participating student's school attendance records and the 33,015
participating student to comply with the program's school 33,016
755
attendance requirement. 33,017
Sec. 5107.541. A county department of human services may 33,026
contract with the chief administrator of a nonpublic school or 33,027
with any school district board of education that has adopted a 33,028
resolution under section 3319.089 of the Revised Code to provide 33,029
for a participant of the work experience program who has a minor 33,031
child enrolled in the nonpublic school or a public school in the 33,032
district to be assigned under the work experience program to 33,033
volunteer or work for compensation at the school in which the 33,034
child is enrolled. Unless it is not possible or practical, a 33,035
contract shall provide for a participant to volunteer or work at 33,036
the school as a classroom aide. If that is impossible or 33,037
impractical, the contract may provide for the participant to 33,039
volunteer to work in another position at the school. A contract 33,040
may provide for the nonpublic school or board of education to 33,041
receive funding to pay for coordinating, training, and 33,043
supervising participants volunteering or working in schools. 33,044
Notwithstanding section 3319.088 of the Revised Code, a 33,046
participant volunteering or working as a classroom aide under 33,047
this section is not required to obtain an educational aide permit 33,049
or paraprofessional license. The participant shall not be 33,050
considered an employee of a political subdivision for purposes of 33,051
Chapter 2744. of the Revised Code and is not entitled to any 33,053
immunity or defense available under that chapter, the common law
of this state, or section 9.86 of the Revised Code. 33,054
An assignment under this section shall include attending 33,057
academic home enrichment classes that provide instruction for
CUSTODIAL parents in creating a home environment that prepares 33,058
and enables children to learn at school. 33,059
Sec. 5107.60. In accordance with Title IV-A, federal 33,069
regulations, state law, the Title IV-A state plan prepared under 33,071
section 5101.80 of the Revised Code, and amendments to the plan, 33,072
county departments of human services shall establish and 33,073
administer the following work activities, in addition to the work 33,074
756
activities established under sections 5107.50, 5107.52, 5107.54, 33,075
and 5107.58 of the Revised Code, for minor heads of households 33,078
and adults participating in Ohio works first:
(A) Unsubsidized employment activities, including 33,081
activities a county department determines are legitimate 33,082
entrepreneurial activities;
(B) On-the-job training activities, including training to 33,085
become an employee of a child day-care center or type A family 33,087
day-care home, authorized provider of a certified type B family 33,088
day-care home, or in-home aide; 33,089
(C) Community service activities including a program under 33,093
which a participant of Ohio works first who is the CUSTODIAL 33,094
parent, legal guardian, CUSTODIAN, or specified relative 33,095
responsible for the care of a minor child enrolled in grade 33,096
twelve or lower is involved in the minor child's education on a 33,097
regular basis.;
(D) Vocational educational training activities; 33,099
(E) Jobs skills training activities that are directly 33,102
related to employment;
(F) Education activities that are directly related to 33,105
employment for participants who have not earned a high school 33,106
diploma or high school equivalence diploma; 33,107
(G) Education activities for participants who have not 33,110
completed secondary school or received a high school equivalence 33,111
diploma under which the participants attend a secondary school or 33,112
a course of study leading to a high school equivalence diploma; 33,113
(H) Child-care service activities aiding another 33,116
participant assigned to a community service activity or other 33,117
work activity. A county department may provide for a participant 33,119
assigned to this work activity to receive training necessary to
provide child-care services. 33,120
Sec. 5107.61. SERVICE AS AN OHIO WORKS FIRST OMBUDSPERSON 33,122
PURSUANT TO SECTION 329.07 OF THE REVISED CODE MAY BE AN 33,123
ASSIGNMENT UNDER THE WORK EXPERIENCE PROGRAM OR A WORK ACTIVITY 33,124
757
ESTABLISHED UNDER SECTION 5107.60 OF THE REVISED CODE TO WHICH A 33,126
PARTICIPANT OF OHIO WORKS FIRST IS ASSIGNED UNDER SECTION 5107.42 33,127
OF THE REVISED CODE.
Sec. 5107.72. Each county department of human services 33,136
shall refer a CUSTODIAL parent participating in Ohio works first 33,138
whose minor child is a member of the CUSTODIAL parent's 33,139
assistance group to any private or public agency, medical doctor, 33,140
clinic, or other person or organization which can advise the 33,141
CUSTODIAL parent on methods of controlling the size and spacing 33,143
of the CUSTODIAL parent's family, consistent with the CUSTODIAL 33,145
parent's religious and moral views. A county department shall 33,147
document each referral it makes under this section. 33,148
Sec. 5108.06. Under the prevention, retention, and 33,157
contingency program, an assistance group that includes at least 33,158
one minor child OR A PREGNANT WOMAN and meets the program's 33,159
eligibility requirements shall receive assistance or services 33,161
needed to overcome immediate barriers to achieving or maintaining 33,162
self sufficiency and personal responsibility. 33,163
Sec. 5111.01. As used in this chapter, "medical assistance 33,173
program" or "medicaid" means the program that is authorized by 33,175
this section and provided by the department of human services 33,177
under this chapter, Title XIX of the "Social Security Act," 49 33,178
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the waivers of 33,179
Title XIX requirements granted to the department by the health 33,182
care financing administration of the United States department of 33,184
health and human services. 33,185
(A) The department of human services may provide medical 33,187
assistance under the medicaid program as long as federal funds 33,189
are provided for such assistance, to the following:
(1) Families with children that meet either of the 33,192
following conditions: 33,193
(a) The family meets the income, resource, and family 33,196
composition requirements in effect on July 16, 1996, for the 33,197
former aid to dependent children program as those requirements 33,198
758
were established by Chapter 5107. of the Revised Code, federal 33,201
waivers granted pursuant to requests made under former section 33,202
5101.09 of the Revised Code, and rules adopted by the department. 33,205
An adult loses eligibility for medical assistance under division 33,206
(A)(1)(a) of this section pursuant to division (E)(3) of section 33,209
5107.16 of the Revised Code. 33,211
(b) The family does not meet the requirements specified in 33,214
division (A)(1)(a) of this section but is participating in the 33,217
Ohio works first program established under Chapter 5107. of the 33,218
Revised Code or is eligible for medical assistance pursuant to 33,219
section 5101.18 or division (E)(1) or (2) of section 5107.16 of 33,221
the Revised Code despite being ineligible to participate in Ohio 33,223
works first. 33,224
(2) Aged, blind, and disabled persons who meet the 33,226
following conditions: 33,227
(a) Receive federal aid under Title XVI of the "Social 33,229
Security Act," or are eligible for but are not receiving such 33,230
aid, provided that the income from all other sources for 33,231
individuals with independent living arrangements shall not exceed 33,232
one hundred seventy-five dollars per month. The income standards 33,233
hereby established shall be adjusted annually at the rate that is 33,234
used by the United States department of health and human services 33,236
to adjust the amounts payable under Title XVI. 33,237
(b) Do not receive aid under Title XVI, but meet any of 33,239
the following criteria: 33,240
(i) Would be eligible to receive such aid, except that 33,242
their income, other than that excluded from consideration as 33,243
income under Title XVI, exceeds the maximum under division 33,244
(A)(2)(a) of this section, and incurred expenses for medical 33,245
care, as determined under federal regulations applicable to 33,246
section 209(b) of the "Social Security Amendments of 1972," 86 33,247
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 33,248
amount by which their income exceeds the maximum under division 33,249
(A)(2)(a) of this section; 33,250
759
(ii) Received aid for the aged, aid to the blind, or aid 33,252
for the permanently and totally disabled prior to January 1, 33,253
1974, and continue to meet all the same eligibility requirements; 33,254
(iii) Are eligible for medical assistance pursuant to 33,256
section 5101.18 of the Revised Code. 33,257
(3) Persons to whom federal law requires, as a condition 33,259
of state participation in the medicaid program, that medical 33,260
assistance be provided; 33,261
(4) Persons under age twenty-one who meet the income 33,263
requirements for the Ohio works first program established under 33,264
Chapter 5107. of the Revised Code but do not meet other 33,266
eligibility requirements for the program. The department shall 33,268
adopt rules in accordance with Chapter 119. of the Revised Code 33,269
specifying which Ohio works first requirements shall be waived 33,271
for the purpose of providing medicaid eligibility under division 33,273
(A)(4) of this section.
(B) If funds are appropriated for such purpose by the 33,275
general assembly, the department may provide medical assistance 33,276
to persons in groups designated by federal law as groups to which 33,278
a state, at its option, may provide medical assistance under the 33,279
medicaid program.
(C) The department may expand eligibility for medical 33,282
assistance to include individuals under age nineteen with family 33,283
incomes at or below one hundred fifty per cent of the federal 33,284
poverty guideline guidelines, except that the eligibility 33,285
expansion shall not occur unless the department receives the 33,286
approval of the federal government. The department may implement 33,287
the eligibility expansion authorized under this division on any 33,288
date selected by the department, but not sooner than January 1, 33,289
1998. 33,290
(D) In addition to any other authority or requirement to 33,293
adopt rules under this chapter, the department may adopt rules in 33,294
accordance with section 111.15 of the Revised Code as it 33,296
considers necessary to establish standards, procedures, and other 33,297
760
requirements regarding the provision of medical assistance. The 33,298
rules may establish requirements to be followed in applying for 33,299
medical assistance, making determinations of eligibility for 33,300
medical assistance, and verifying eligibility for medical 33,301
assistance. The rules may include special conditions as the 33,302
department determines appropriate for making applications, 33,303
determining eligibility, and verifying eligibility for any 33,304
medical assistance that the department may provide pursuant to 33,305
division (C) of this section AND SECTION 5111.014 OF THE REVISED 33,306
CODE.
Sec. 5111.014. (A) THE DIRECTOR OF HUMAN SERVICES SHALL 33,308
SUBMIT TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 33,309
SERVICES AN AMENDMENT TO THE STATE MEDICAID PLAN TO MAKE AN 33,310
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS ELIGIBLE 33,311
FOR THE HEALTHY START COMPONENT OF MEDICAID: 33,312
(1) THE INDIVIDUAL IS PREGNANT; 33,314
(2) THE INDIVIDUAL'S FAMILY INCOME DOES NOT EXCEED ONE 33,316
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY GUIDELINES; 33,317
(3) THE INDIVIDUAL SATISFIES ALL RELEVANT REQUIREMENTS 33,319
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF SECTION 33,320
5111.01 OF THE REVISED CODE.
(B) IF APPROVED BY THE UNITED STATES SECRETARY OF HEALTH 33,323
AND HUMAN SERVICES, THE DIRECTOR OF HUMAN SERVICES SHALL
IMPLEMENT THE MEDICAID PLAN AMENDMENT SUBMITTED UNDER DIVISION 33,324
(A) OF THIS SECTION AS SOON AS POSSIBLE AFTER RECEIPT OF NOTICE 33,325
OF THE APPROVAL, BUT NOT SOONER THAN JANUARY 1, 2000. 33,326
Sec. 5111.022. (A) The state plan for providing medical 33,335
assistance under Title XIX of the "Social Security Act," 49 Stat. 33,336
620, 42 U.S.C.A. 301, as amended, shall include provision of the 33,337
following mental health services when provided by facilities 33,338
described in division (B) of this section: 33,339
(1) Outpatient mental health services, including, but not 33,341
limited to, preventive, diagnostic, therapeutic, rehabilitative, 33,342
and palliative interventions rendered to individuals in an 33,343
761
individual or group setting by a mental health professional in 33,344
accordance with a plan of treatment appropriately established, 33,345
monitored, and reviewed; 33,346
(2) Partial-hospitalization mental health services of 33,348
three to fourteen hours per service day, rendered by persons 33,349
directly supervised by a mental health professional; 33,350
(3) Unscheduled, emergency mental health services of a 33,352
kind ordinarily provided to persons in crisis when rendered by 33,353
persons supervised by a mental health professional. 33,354
(B) Services shall be included in the state plan only when 33,356
provided by community mental health facilities that have quality 33,357
assurance programs accredited by the joint commission on 33,358
accreditation of healthcare organizations or certified by the 33,359
department of mental health or department of human services. 33,360
(C) The comprehensive annual plan shall certify the 33,362
availability of sufficient unencumbered community mental health 33,363
state subsidy and local funds to match Title XIX reimbursement 33,364
funds earned by the facilities. Reimbursement for eligible 33,365
services shall be based on the prospective cost of providing the 33,366
services as developed in standards adopted as part of the 33,367
comprehensive annual plan. 33,368
(D) As used in this section, "mental health professional" 33,370
means a person qualified to work with mentally ill persons under 33,371
the minimum standards established by the director of mental 33,372
health pursuant to section 5119.61 of the Revised Code. 33,373
(E) With respect to services established by division (A) 33,375
of this section, the department of human services shall enter 33,376
into a separate contract with the department of mental health. 33,377
The terms of the contract between the department of human 33,378
services and the department of mental health shall specify that 33,379
BOTH OF THE FOLLOWING: 33,380
(1) THAT the department of mental health and boards of 33,382
alcohol, drug addiction, and mental health services shall provide 33,383
state and local matching funds for Title XIX of the "Social 33,384
762
Security Act" for reimbursement of services established by 33,385
division (A) of this section; 33,386
(2) HOW THE COMMUNITY MENTAL HEALTH FACILITIES DESCRIBED 33,388
IN DIVISION (B) OF THIS SECTION WILL BE PAID FOR PROVIDING THE 33,389
SERVICES ESTABLISHED BY DIVISION (A) OF THIS SECTION. 33,390
Sec. 5111.025. (A) EFFECTIVE JULY 1, 2001, AND THE FIRST 33,393
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 33,394
SHALL ADJUST THE RATE IT REIMBURSES MEDICAL PROVIDERS SPECIFIED 33,395
IN RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION FOR MEDICAL 33,396
SERVICES RENDERED UNDER THE MEDICAL ASSISTANCE PROGRAM. THE 33,397
DEPARTMENT SHALL ADJUST THE RATE BY THE PERCENTAGE INCREASE IN 33,399
THE GROSS DOMESTIC PRODUCT DEFLATOR FOR THE PRECEDING CALENDAR 33,401
YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE 33,402
UNITED STATES DEPARTMENT OF COMMERCE.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 33,404
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 33,406
EFFICIENT ADMINISTRATION OF THIS SECTION. THE RULES SHALL 33,407
ESTABLISH A LIST SPECIFYING THE MEDICAL PROVIDERS THAT WILL 33,408
RECEIVE THE ADJUSTED RATE OF REIMBURSEMENT. THE DEPARTMENT SHALL 33,410
INCLUDE IN THE LIST AT LEAST PHYSICIANS, DENTISTS, AMBULANCE 33,411
SERVICE PROVIDERS, AND PROVIDERS OF HOME AND COMMUNITY-BASED 33,412
SERVICES UNDER THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 33,413
OF THE REVISED CODE. THE DEPARTMENT SHALL EXCLUDE FROM THE LIST 33,414
NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE MENTALLY 33,415
RETARDED, HOSPITALS, AND MANAGED CARE ORGANIZATIONS. 33,416
(C) THIS SECTION DOES NOT AFFECT SECTIONS 5111.20 TO 33,418
5111.32 OF THE REVISED CODE OR PRECLUDE THE DEPARTMENT OF HUMAN 33,419
SERVICES FROM ADJUSTING THE RATE IT REIMBURSES HOSPITALS AND 33,420
MANAGED CARE ORGANIZATIONS FOR MEDICAL SERVICES RENDERED UNDER 33,421
THE MEDICAL ASSISTANCE PROGRAM IN A MANNER DIFFERENT FROM THE 33,422
METHOD OF ADJUSTMENT ESTABLISHED BY DIVISION (A) OF THIS SECTION. 33,423
Sec. 5111.026. (A) ON OR BEFORE THE THIRTY-FIRST DAY OF 33,426
DECEMBER OF THE YEAR 2000, AND EACH EVEN-NUMBERED YEAR
THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE AND 33,427
763
PREPARE A SURVEY THAT INCLUDES ALL OF THE FOLLOWING: 33,428
(1) AN EXAMINATION OF ACCESS BY RECIPIENTS OF MEDICAL 33,430
ASSISTANCE TO PROVIDERS WHO ARE AUTHORIZED UNDER CHAPTER 4731. OF 33,431
THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC 33,433
MEDICINE AND SURGERY, OR PODIATRY OR UNDER CHAPTER 4725. OF THE 33,434
REVISED CODE TO PRACTICE DENTISTRY; 33,436
(2) THE EFFECT OF RATES AND METHODS OF REIMBURSEMENT IN 33,438
THE MEDICAL ASSISTANCE PROGRAM ON PARTICIPATION IN THE PROGRAM BY 33,439
PROVIDERS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION; 33,440
(3) A COMPARISON OF THE RATES OF REIMBURSEMENT FOR 33,442
SERVICES PROVIDED UNDER THE MEDICAL ASSISTANCE PROGRAM AND 33,443
EQUIVALENT SERVICES PROVIDED IN THE PRIVATE SECTOR BY PROVIDERS 33,444
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION. 33,445
THE RESULTS OF EACH SURVEY REQUIRED UNDER THIS SECTION 33,447
SHALL BE SUBMITTED TO THE GOVERNOR, SPEAKER AND MINORITY LEADER 33,448
OF THE HOUSE OF REPRESENTATIVES, AND PRESIDENT AND MINORITY 33,449
LEADER OF THE SENATE. 33,450
(B) TO MEET THE REQUIREMENTS OF DIVISION (A) OF THIS 33,452
SECTION, THE DEPARTMENT SHALL USE A SURVEY FORMAT AND QUESTIONS 33,454
RECOMMENDED BY A COMMITTEE APPOINTED BY THE DEPARTMENT. 33,455
Sec. 5111.173. (A) THERE IS HEREBY CREATED THE MEDICAID 33,457
MANAGED CARE STUDY COMMITTEE TO EXAMINE THE MEDICAID MANAGED CARE 33,458
PROGRAM ESTABLISHED BY SECTION 5111.17 OF THE REVISED CODE. THE 33,459
COMMITTEE SHALL REVIEW THE STATUS OF THE PROGRAM AND MAY STUDY 33,460
THE FOLLOWING: CONSUMER ACCESS AND SATISFACTION, REIMBURSEMENT 33,461
ISSUES, RECENT TRENDS IN THE MEDICAID MANAGED CARE MARKET, 33,462
ALTERNATIVE MANAGED CARE DELIVERY MODELS, AND FUTURE PLANS AND 33,463
RECOMMENDATIONS FOR THE PROGRAM. 33,464
(B) MEMBERSHIP OF THE STUDY COMMITTEE SHALL INCLUDE: 33,466
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 33,468
OF THE SENATE, ONE FROM THE MAJORITY PARTY AND ONE FROM THE 33,469
MINORITY PARTY; 33,470
(2) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED 33,472
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE FROM THE 33,473
764
MAJORITY PARTY AND ONE FROM THE MINORITY PARTY; 33,474
(3) THE FOLLOWING MEMBERS JOINTLY APPOINTED BY THE 33,476
GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE 33,477
PRESIDENT OF THE SENATE: 33,478
(a) ONE REPRESENTATIVE OF THE GOVERNOR'S OFFICE; 33,480
(b) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF HUMAN 33,482
SERVICES;
(c) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF 33,484
INSURANCE;
(d) ONE REPRESENTATIVE OF THE OFFICE OF BUDGET AND 33,486
MANAGEMENT;
(e) TWO REPRESENTATIVES OF THE OHIO MEDICAL CARE ADVISORY 33,488
COMMITTEE REPRESENTING CONSUMER INTERESTS; 33,489
(f) ONE REPRESENTATIVE FROM A COUNTY DEPARTMENT OF HUMAN 33,491
SERVICES IN A COUNTY IN WHICH MEDICAID RECIPIENTS ARE REQUIRED TO 33,492
OBTAIN MEDICAL SERVICES FROM A MANAGED CARE ORGANIZATION; 33,493
(g) TWO REPRESENTATIVES OF THE INSTITUTIONAL PROVIDER 33,495
COMMUNITY;
(h) TWO REPRESENTATIVES FROM THE COMMUNITY PROVIDER 33,497
COMMUNITY; 33,498
(i) TWO REPRESENTATIVES OF ENTITIES THAT PROVIDE MEDICAID 33,500
MANAGED CARE. 33,501
(C) THE MAJORITY PARTY MEMBERS FROM THE HOUSE OF 33,503
REPRESENTATIVES AND THE SENATE SHALL SERVE AS CO-CHAIRS OF THE 33,504
STUDY COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL OF THE 33,505
CO-CHAIRS.
(D) MEMBERS OF THE STUDY COMMITTEE SHALL SERVE WITHOUT 33,507
COMPENSATION OR REIMBURSEMENT, EXCEPT TO THE EXTENT THAT SERVING 33,508
ON THE COMMITTEE IS CONSIDERED A PART OF THEIR REGULAR DUTIES OF 33,510
EMPLOYMENT.
(E) NOT LATER THAN JULY 3, 2000, THE STUDY COMMITTEE SHALL 33,513
COMPLETE ITS EXAMINATION AND SUBMIT A REPORT TO THE GOVERNOR, THE 33,514
PRESIDENT AND MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND 33,515
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. THE LEGISLATIVE 33,517
765
BUDGET OFFICE OF THE LEGISLATIVE SERVICE COMMISSION SHALL SERVE 33,518
AS STAFF TO THE STUDY COMMITTEE. ON SUBMISSION OF THE REPORT, 33,519
THE STUDY COMMITTEE SHALL CEASE TO EXIST. 33,520
Sec. 5112.03. (A) The director of human services shall 33,529
adopt, and may amend and rescind, rules in accordance with 33,530
Chapter 119. of the Revised Code for the purpose of administering 33,531
sections 5112.01 to 5112.21 of the Revised Code, including rules 33,532
that do all of the following: 33,533
(1) Define as a "disproportionate share hospital" any 33,535
hospital included under subsection (b) of section 1923 of the 33,536
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 33,537
1396r-4(b), as amended, and any other hospital the director 33,538
determines appropriate;
(2) Prescribe the form for submission of cost reports 33,540
under section 5112.04 of the Revised Code; 33,541
(3) Establish, in accordance with division (B) of section 33,543
5112.06 of the Revised Code, the ASSESSMENT rate of hospital 33,544
assessments OR RATES to be applied TO HOSPITALS under that 33,547
section;
(4) Establish schedules for hospitals to pay installments 33,549
on their assessments under section 5112.06 of the Revised Code 33,550
and for governmental hospitals to pay installments on their 33,551
intergovernmental transfers under section 5112.07 of the Revised 33,552
Code;
(5) Establish procedures to notify hospitals of 33,554
adjustments made under division (C)(2)(b) of section 5112.06 of 33,556
the Revised Code in the amount of installments on their
assessment; 33,557
(6) Establish procedures to notify hospitals of 33,559
adjustments made under division (D) of section 5112.09 of the 33,560
Revised Code in the total amount of their assessment and to 33,561
adjust for the remainder of the program year the amount of the 33,562
installments on the assessments; 33,563
(7) Establish, in accordance with section 5112.08 of the 33,565
766
Revised Code, the methodology for paying hospitals under that 33,566
section. 33,567
The director shall consult with hospitals when adopting the 33,569
rules required by divisions (A)(4) and (5) of this section in 33,570
order to minimize hospitals' cash flow difficulties. 33,571
(B) Rules adopted under this section may provide that 33,573
"total facility costs" excludes costs associated with any of the 33,575
following:
(1) Recipients of the medical assistance program; 33,577
(2) Recipients of general assistance medical assistance 33,579
provided under FORMER Chapter 5113. of the Revised Code; 33,581
(3) Recipients of disability assistance medical assistance 33,584
provided under Chapter 5115. of the Revised Code; 33,585
(4) Recipients of the program for medically handicapped 33,587
children established under section 3701.023 of the Revised Code; 33,589
(5) Recipients of the medicare program established under 33,591
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 33,594
U.S.C.A. 301, as amended; 33,595
(6) Recipients of Title V of the "Social Security Act"; 33,598
(7) Any other category of costs deemed appropriate by the 33,600
director in accordance with Title XIX of the "Social Security 33,602
Act" and the rules adopted under that title. 33,603
Sec. 5112.06. (A) For the purpose of making payments to 33,612
hospitals under the medical assistance program, there is hereby 33,613
imposed on each hospital an assessment on total facility costs at 33,614
a. THE rate AT WHICH A HOSPITAL IS to be ASSESSED SHALL BE 33,616
established each program year by the department of human 33,617
services, in accordance with division (B) of this section, in 33,618
rules adopted under section 5112.03 of the Revised Code.
(B) The department shall assess each hospital at the same 33,620
rate HOSPITALS IN A MANNER CONSISTENT WITH FEDERAL STATUTES AND 33,621
REGULATIONS. THE DEPARTMENT MAY ESTABLISH AN ASSESSMENT RATE 33,622
THAT IS THE SAME FOR ALL HOSPITALS OR MAY ESTABLISH TWO OR MORE 33,623
ASSESSMENT RATES THAT APPLY TO HOSPITALS ACCORDING TO CATEGORIES 33,624
767
THE DEPARTMENT ESTABLISHES BASED ON HOSPITALS' TOTAL FACILITY 33,625
COSTS. During any program year, the department shall not assess 33,626
hospitals ANY HOSPITAL at a rate greater than two per cent of 33,627
each THE hospital's total facility costs. 33,629
The department shall establish an assessment rate OR RATES 33,631
each program year that will do both of the following: 33,632
(1) Yield funds that, when combined with intergovernmental 33,634
transfers and federal matching funds, will produce a program of 33,635
sufficient size to pay a substantial portion of the indigent care 33,636
provided by hospitals; 33,637
(2) Yield funds that, when combined with intergovernmental 33,639
transfers and federal matching funds, will produce payments to 33,640
disproportionate share hospitals that do not exceed, in the 33,641
aggregate, the limits prescribed by the United States health care 33,643
financing administration under subparagraph SUBSECTION (f)(2)(A) 33,645
of section 1923 of the "Social Security Act," 49 Stat. 620 33,648
(1935), 42 U.S.C.A. 1396r-4(f)(2)(A), as amended. 33,650
(C)(1) Except as provided in division (C)(3) of this 33,652
section, each hospital shall pay its assessment in periodic 33,653
installments in accordance with a schedule established by the 33,654
director of human services in rules adopted under section 5112.03 33,655
of the Revised Code. 33,656
(2) The installments shall be equal in amount, unless 33,659
either of the following applies:
(a) The department makes adjustments during a program year 33,661
under division (D) of section 5112.09 of the Revised Code in the 33,662
total amount of hospitals' assessments; 33,663
(b) The director of human services determines that 33,665
adjustments in the amounts of installments are necessary for the 33,667
administration of sections 5112.01 to 5112.21 of the Revised Code 33,668
and that unequal installments will not create cash flow 33,669
difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of 33,672
the Revised Code establishing alternate schedules for hospitals 33,673
768
to pay assessments under this section in order to reduce 33,674
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human services may 33,683
require governmental hospitals to make intergovernmental 33,684
transfers each program year. The department shall not require 33,685
transfers in an amount that, when combined with hospital 33,686
assessments paid under section 5112.06 of the Revised Code and 33,687
federal matching funds, produce payments to disproportionate 33,688
share hospitals that, in the aggregate, exceed limits prescribed 33,689
by the United States health care financing administration under 33,691
subparagraph SUBSECTION (f)(2)(A) of section 1923 of the "Social 33,692
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f)(2)(A), 33,693
as amended.
(B) Before or during each program year, the department 33,696
shall notify each governmental hospital of the amount of the 33,697
intergovernmental transfer it is required to make during the 33,698
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 33,699
this section in periodic installments, executed by electronic 33,700
fund transfer, in accordance with a schedule established in rules 33,701
adopted under section 5112.03 of the Revised Code. 33,702
Sec. 5112.08. The director of human services shall adopt 33,711
rules under section 5112.03 of the Revised Code establishing a 33,712
methodology to pay hospitals that is sufficient to expend all 33,713
money in the indigent care pool. Under the rules: 33,714
(A) The department of human services shall MAY classify 33,716
similar hospitals into groups and allocate funds for distribution 33,717
within each group. 33,718
(B) The department shall establish a method of allocating 33,720
funds to each group of hospitals, taking into consideration the 33,721
relative amount of indigent care provided by each HOSPITAL OR 33,722
group OF HOSPITALS. The amount to be allocated to each group 33,724
shall be based on any combination of the following indicators of 33,725
indigent care that the director considers appropriate: 33,726
769
(1) Total costs, volume, or proportion of services to 33,728
recipients of the medical assistance program, including 33,729
recipients enrolled in health insuring corporations; 33,731
(2) Total costs, volume, or proportion of services to 33,733
low-income patients in addition to recipients of the medical 33,734
assistance program, which may include recipients of Title V of 33,736
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 33,738
as amended, general assistance established under FORMER Chapter 33,740
5113. of the Revised Code, and disability assistance established 33,741
under Chapter 5115. of the Revised Code; 33,742
(3) The amount of uncompensated care provided by the 33,744
HOSPITAL OR GROUP OF hospitals; 33,745
(4) Other factors that the director considers to be 33,747
appropriate indicators of indigent care. 33,748
(C) The department shall distribute funds to hospitals in 33,750
each HOSPITAL OR group OF HOSPITALS in a manner that first may 33,751
provide for an additional payment to individual hospitals that 33,753
provide a high proportion of indigent care in relation to the 33,754
total care provided by the hospital or in relation to other 33,755
hospitals. The department shall establish a formula to 33,756
distribute the remainder of the funds allocated to the group to 33,757
all hospitals in the group. The formula shall be consistent with 33,758
section 1923 of the "Social Security Act," 42 U.S.C.A. 1396r-4, 33,760
as amended, and shall be based on any combination of the 33,762
indicators of indigent care listed in division (B) of this 33,763
section that the director considers appropriate. 33,764
(D) The department shall make payments to each hospital in 33,766
installments not later than ten working days after the deadline 33,767
established in rules for each hospital to pay an installment on 33,768
its assessment under section 5112.06 of the Revised Code. In the 33,769
case of a governmental hospital that makes intergovernmental 33,770
transfers, the department shall pay an installment under this 33,771
section not later than ten working days after the earlier of that 33,772
deadline or the deadline established in rules for the 33,773
770
governmental hospital to pay an installment on its 33,774
intergovernmental transfer. If the amount in the hospital care 33,775
assurance program fund and the hospital care assurance match fund 33,776
created under section 5112.18 of the Revised Code is insufficient 33,777
to make the total payments for which hospitals are eligible to 33,778
receive in any period, the department shall reduce the amount of 33,779
each payment by the percentage by which the amount is 33,780
insufficient. The department shall pay hospitals any amounts not 33,781
paid in the period in which they are due as soon as moneys are 33,782
available in the funds. 33,783
Sec. 5112.09. (A) Before or during each program year, the 33,792
department of human services shall mail to each hospital by 33,795
certified mail, return receipt requested, the preliminary
determination of the amount that the hospital is assessed under 33,797
section 5112.06 of the Revised Code during the program year. The 33,798
department shall make the preliminary determination of each A 33,799
hospital's assessment by multiplying the rate established under 33,801
division (B) of section 5112.06 of the Revised Code THAT APPLIES 33,803
TO THAT HOSPITAL, by the hospital's total facility costs for the 33,805
hospital's most recent fiscal year ending in the calendar year 33,806
preceding the first day of July, except that:
(1) In the program year ending in 1995, the department 33,808
shall multiply the rate by the hospital's total facility costs 33,809
for the hospital's cost reporting period ending in state fiscal 33,810
year 1994;
(2) In program years ending in 1996 and thereafter, the 33,812
department shall multiply the rate by the hospital's total 33,813
facility costs for a cost-reporting period specified in rules 33,815
adopted under section 5112.03 of the Revised Code.
The department shall consult with hospitals each year when 33,817
determining the date on which it will mail the preliminary 33,818
determinations in order to minimize hospitals' cash flow 33,819
difficulties.
If no hospital submits a request for reconsideration under 33,821
771
division (B) of this section, the preliminary determination 33,822
constitutes the final reconciliation of each hospital's 33,823
assessment under section 5112.06 of the Revised Code. The final 33,824
reconciliation is subject to adjustments under division (D) of 33,825
this section. 33,826
(B) Not later than fourteen days after the preliminary 33,828
determinations are mailed, any hospital may submit to the 33,831
department a written request to reconsider the preliminary 33,832
determinations. The request shall be accompanied by written 33,833
materials setting forth the basis for the reconsideration. If 33,834
one or more hospitals submit a request, the department shall hold 33,835
a public hearing not later than thirty days after the preliminary 33,836
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 33,837
written notice of the date, time, and place of the hearing at 33,838
least ten days prior to the hearing. On the basis of the 33,839
evidence submitted to the department or presented at the public 33,840
hearing, the department shall reconsider and may adjust the 33,841
preliminary determinations. The result of the reconsideration is 33,842
the final reconciliation of the hospital's assessment under 33,843
section 5112.06 of the Revised Code. The final reconciliation is 33,844
subject to adjustments under division (D) of this section. 33,845
(C) The department shall mail to each hospital a written 33,848
notice of its assessment for the program year under the final 33,849
reconciliation. A hospital may appeal the final reconciliation 33,851
of its assessment to the court of common pleas of Franklin 33,852
county. While a judicial appeal is pending, the hospital shall 33,853
pay, in accordance with the schedules required by division (C) of 33,854
section 5112.06 of the Revised Code, any amount of its assessment 33,855
that is not in dispute into the hospital care assurance program 33,856
fund created in section 5112.18 of the Revised Code.
(D) In the course of any program year, the department may 33,858
adjust the assessment rate OR RATES established in rules pursuant 33,859
to section 5112.06 of the Revised Code or adjust the amounts of 33,860
772
intergovernmental transfers required under section 5112.07 of the 33,861
Revised Code and, as a result of the adjustment, adjust each 33,863
hospital's assessment and intergovernmental transfer, to reflect 33,864
refinements made by the United States health care financing 33,865
administration during that program year to the limits it 33,866
prescribed under subparagraph SUBSECTION (f)(2)(A) of section 33,868
1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 33,871
U.S.C.A. 1396r-4(f)(2)(A), as amended. An WHEN adjusted, THE 33,873
assessment rate OR RATES must comply with division (B) of section 33,875
5112.06 of the Revised Code. An adjusted intergovernmental 33,876
transfer must comply with division (A) of section 5112.07 of the 33,878
Revised Code. The department shall notify hospitals of 33,879
adjustments made under this division and adjust for the remainder 33,880
of the program year the installments paid by hospitals under 33,881
sections 5112.06 and 5112.07 of the Revised Code in accordance 33,882
with rules adopted under section 5112.03 of the Revised Code.
Sec. 5112.17. (A) As used in this section: 33,891
(1) "Federal poverty guideline" means the official poverty 33,893
guideline as revised annually by the United States secretary of 33,894
health and human services in accordance with section 673 of the 33,895
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 33,896
U.S.C.A. 9902, as amended, for a family size equal to the size of 33,897
the family of the person whose income is being determined. 33,898
(2) "Third-party payer" means any private or public entity 33,900
or program that may be liable by law or contract to make payment 33,901
to or on behalf of an individual for health care services. 33,902
"Third-party payer" does not include a hospital. 33,903
(B) Each hospital that receives payments under sections 33,905
5112.01 to 5112.21 of the Revised Code shall provide, without 33,906
charge to the individual, basic, medically necessary 33,907
hospital-level services to individuals who are residents of this 33,908
state, are not recipients of the medical assistance program, and 33,909
whose income is at or below the federal poverty guideline. 33,911
Recipients of disability assistance under Chapter 5115. of the 33,913
773
Revised Code qualify for services under this section. The 33,914
department of human services shall adopt rules under section 33,915
5112.03 of the Revised Code specifying the hospital services to 33,916
be provided under this section. 33,917
(C) BEFORE ACCEPTING A PORTION OF THE PAYMENTS RECEIVED 33,919
UNDER SECTIONS 5112.01 TO 5112.21 OF THE REVISED CODE AS THE 33,920
SOURCE OF REIMBURSEMENT FOR PROVIDING HOSPITAL SERVICES TO AN 33,921
INDIVIDUAL, A HOSPITAL MAY TAKE ACTIONS TO ENSURE THAT THERE IS
NO OTHER THIRD-PARTY PAYER AVAILABLE. Hospitals may bill any 33,922
third-party payer for services rendered under this section. 33,925
Hospitals may bill the medical assistance program, in accordance 33,926
with Chapter 5111. of the Revised Code and the rules adopted 33,927
under that chapter, for services rendered under this section if 33,928
the individual becomes a recipient of the program. Hospitals may 33,929
bill individuals for services under this section if all of the 33,930
following apply:
(1) The hospital has an established post-billing procedure 33,932
for determining the individual's income and canceling the charges 33,933
if the individual is found to qualify for services under this 33,934
section. 33,935
(2) The initial bill, and at least the first follow-up 33,937
bill, is accompanied by a written statement that does all of the 33,938
following: 33,939
(a) Explains that individuals with income at or below the 33,941
federal poverty guideline are eligible for services without 33,942
charge; 33,943
(b) Specifies the federal poverty guideline for 33,945
individuals and families of various sizes at the time the bill is 33,946
sent; 33,947
(c) Describes the procedure required by division (C)(1) of 33,949
this section. 33,950
(3) The hospital complies with any additional rules the 33,952
department adopts under section 5112.03 of the Revised Code. 33,953
Notwithstanding division (B) of this section, a hospital 33,955
774
providing care to an individual under this section is subrogated 33,956
to the rights of any individual to receive compensation or 33,957
benefits from any person or governmental entity for the hospital 33,958
goods and services rendered. 33,959
(D) Each hospital shall collect and report to the 33,961
department, in the form and manner prescribed by the department, 33,962
information on the number and identity of patients served 33,963
pursuant to this section. 33,964
(E) This section applies beginning May 22, 1992, 33,966
regardless of whether the department has adopted rules specifying 33,967
the services to be provided. Nothing in this section alters the 33,968
scope or limits the obligation of any governmental entity or 33,969
program, including the program awarding reparations to victims of 33,970
crime under sections 2743.51 to 2743.72 of the Revised Code and 33,971
the program for medically handicapped children established under 33,973
section 3701.023 of the Revised Code, to pay for hospital 33,974
services in accordance with state or local law. 33,975
Sec. 5115.01. (A) There is hereby established the 33,984
disability assistance program. Except as provided in division 33,985
(D) of this section, a disability assistance recipient shall 33,987
receive financial assistance. Except as provided in section 33,988
5115.11 of the Revised Code, a disability assistance recipient 33,989
also shall receive disability assistance medical assistance. 33,990
Except as provided by division (B) of this section, a 33,992
person who meets all of the following requirements is eligible 33,993
for disability assistance: 33,994
(1) The person is ineligible to participate in the Ohio 33,996
works first program established under Chapter 5107. of the 33,999
Revised Code and to receive supplemental security income provided 34,001
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 34,002
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 34,004
(a) Under age eighteen; 34,006
(b) Age sixty or older; 34,008
775
(c) Pregnant; 34,010
(d) Unable to do any substantial or gainful activity by 34,012
reason of a medically determinable physical or mental impairment 34,013
that can be expected to result in death or has lasted or can be 34,014
expected to last for not less than nine months;
(e) An active participant in A RESIDENT OF A RESIDENTIAL 34,017
TREATMENT CENTER CERTIFIED AS an alcohol or drug addiction 34,018
program certified by the department of alcohol and drug addiction 34,019
services under section 3793.06 of the Revised Code, including a 34,020
former recipient of supplemental security income who lost 34,021
eligibility for that program because of the enactment of 34,022
paragraph (b)(1) of section 105 of the "Contract With America 34,025
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 34,030
A person on a waiting list to participate in an alcohol or drug 34,032
addiction program, or otherwise not participating in a program 34,033
while waiting for treatment services at a program to become 34,034
available, is not an active participant. 34,035
(f) Medication dependent as determined by a physician, as 34,037
defined in section 4730.01 of the Revised Code, who has certified 34,038
to the county department of human services that the person is 34,039
receiving ongoing treatment for a chronic medical condition 34,040
requiring continuous prescription medication for an indefinite, 34,041
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 34,042
of employability lasting at least nine months. 34,043
(3) The person meets the eligibility requirements 34,045
established by the department of human services in rules adopted 34,046
under section 5115.05 of the Revised Code. 34,047
(B)(1) A person is ineligible for disability assistance if 34,049
the person is ineligible to participate in the Ohio works first 34,052
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 34,056
Code;
(b) The person's extended eligibility to participate in 34,059
776
the Ohio works first program made possible by the earned income 34,060
disregard established under division (D)(2) of section 5107.10 of 34,062
the Revised Code has ceased due to the limited number of months 34,063
the disregard is applied;
(c) The time limit established by section 5107.18 of the 34,066
Revised Code;
(d)(c) Failure to comply with an application or 34,068
verification procedure; 34,069
(e)(d) The fraud control program established pursuant to 34,072
45 C.F.R. 235.112, as in effect July 1, 1996. 34,073
(2) A person under age eighteen is ineligible for 34,075
disability assistance pursuant to division (B)(1)(a) of this 34,077
section only if the person caused the assistance group to be 34,078
ineligible to participate in the Ohio works first program or 34,080
resides with a person age eighteen or older who was a member of 34,081
the same ineligible assistance group. A person age eighteen or 34,082
older is ineligible for disability assistance pursuant to 34,083
division (B)(1)(a) of this section regardless of whether the 34,084
person caused the assistance group to be ineligible to 34,085
participate in the Ohio works first program.
(C) The county department of human services that serves 34,088
the county in which a person receiving disability assistance 34,089
pursuant to division (A)(2)(e) of this section participates in an 34,091
alcohol or drug addiction program shall designate a 34,092
representative payee for purposes of receiving and distributing 34,093
financial assistance provided under the disability assistance 34,094
program to the person.
(D) A person eligible for disability assistance pursuant 34,096
to division (A)(2)(f) of this section shall not receive financial 34,097
assistance.
(E) The department shall adopt rules in accordance with 34,099
section 111.15 of the Revised Code defining terms and 34,100
establishing standards for determining whether a person meets a 34,101
condition of disability assistance eligibility pursuant to this 34,102
777
section.
Sec. 5117.07. (A) On or before the first day of October, 34,111
the tax commissioner shall review all applications submitted 34,112
under division (C) of section 5117.03 of the Revised Code and 34,113
shall determine the eligibility of each applicant to receive a 34,114
credit or payment. THE TOTAL INCOME AND CURRENT TOTAL INCOME 34,115
AMOUNTS SET FORTH IN DIVISION (A) OF THIS SECTION ARE SUBJECT TO 34,116
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 34,117
(1) An applicant is eligible for a credit of thirty per 34,119
cent if the applicant is a head of household, has a total income 34,120
of five thousand dollars or less or a current total income of two 34,121
thousand five hundred dollars or less, owns and occupies or rents 34,122
and occupies a household receiving the source of energy for its 34,123
primary heating system from an energy company and such energy is 34,124
separately metered, and is either of the following: 34,125
(a) Sixty-five years of age or older; 34,127
(b) Permanently and totally disabled. 34,129
(2) An applicant is eligible for a credit of twenty-five 34,131
per cent if the applicant is a head of household, has a total 34,132
income of more than five thousand dollars but not more than nine 34,133
thousand dollars or a current total income of more than two 34,134
thousand five hundred dollars but not more than four thousand 34,135
five hundred dollars, is sixty-five years of age or older or 34,136
permanently and totally disabled, and owns and occupies or rents 34,137
and occupies a household receiving the source of energy for its 34,138
primary heating system from an energy company and such energy is 34,139
separately metered. 34,140
(3) An applicant is eligible for a payment if either of 34,142
the following applies to the applicant: 34,143
(a) He THE APPLICANT would be eligible for the credit 34,145
under division (A)(1) or (2) of this section but for the fact 34,147
that the source of energy for the primary heating system of the 34,148
applicant's household is not separately metered; 34,149
(b) He THE APPLICANT is a head of household, has a total 34,151
778
income of no more than nine thousand dollars or a current total 34,153
income of no more than four thousand five hundred dollars, is 34,154
sixty-five years of age or older or permanently and totally 34,155
disabled, and owns and occupies or rents and occupies a household 34,156
receiving the source of energy for its primary heating system 34,157
from an energy dealer.
(4) In the case of a multiple unit dwelling for which 34,159
separate metering for the source of energy for its primary 34,160
heating system is not provided, more than one applicant occupying 34,161
such dwelling may be determined eligible for a payment under 34,162
division (A)(3)(a) of this section. 34,163
(B) Notwithstanding division (A) of this section: 34,165
(1) No head of household who resides in public housing or 34,167
receives a rent subsidy from a government agency is eligible for 34,168
a credit or payment unless the person's rent subsidy does not 34,169
reflect the costs of his THAT PERSON'S household receiving the 34,170
source of energy for its primary heating system; 34,172
(2) A resident of a nursing home, hospital, or other 34,174
extended health care facility is not eligible for a credit or 34,175
payment for the costs of providing the source of energy for the 34,176
primary heating system of the facility. 34,177
(C) The tax commissioner shall establish a procedure 34,179
whereby he THE COMMISSIONER can verify total income and current 34,180
total income for the calendar year in which an applicant is 34,182
determined eligible for a payment or credit. If a person 34,183
receives a credit or payment that he THE PERSON is ineligible to 34,184
receive under division (A) of this section, that person shall 34,186
refund to the tax commissioner the credit or payment, or excess 34,187
portion of a credit or payment, he THAT PERSON received. The sum 34,188
refunded shall be deposited in the state treasury to the credit 34,190
of the general revenue fund.
(D) The tax commissioner may request an additional 34,192
certification of permanent and total disability for any applicant 34,193
claiming such status on an application renewal form submitted 34,194
779
under section 5117.03 of the Revised Code. Such certification 34,195
shall be requested from the person or agency named on the form 34,196
pursuant to division (B)(1) of section 5117.03 of the Revised 34,197
Code. If such additional certification is refused due to a 34,198
conclusion by the person or agency that the applicant is not 34,199
permanently and totally disabled, the commissioner shall 34,200
determine the applicant ineligible for any credit or payment. If 34,201
such additional certification is unavailable or refused for any 34,202
other reason, the tax commissioner may determine the applicant to 34,203
be eligible for a credit or payment provided he THE COMMISSIONER 34,204
has good cause to believe the applicant is permanently and 34,206
totally disabled.
(E) On or before the first day of October, the tax 34,208
commissioner shall notify each applicant of the disposition of 34,209
his THE APPLICANT'S application under divisions (A) and (B) of 34,210
this section. At the same time, he THE TAX COMMISSIONER shall 34,212
notify the applicant, regardless of whether his THE APPLICANT'S 34,214
application is approved or disapproved, that the applicant may be 34,216
eligible to participate in a state or federal weatherization 34,217
program and should contact his THE APPLICANT'S community action 34,218
agency for further information. If an application is 34,219
disapproved, the applicant may appeal to the tax commissioner for 34,220
a hearing on the matter. A notice of disapproval shall include a 34,221
detailed explanation of the applicant's right of appeal under 34,222
this chapter. Any such appeal shall be on an appeal form 34,223
prescribed by the tax commissioner and shall be filed with the 34,224
tax commissioner within twenty days of the receipt of the notice 34,225
of disapproval. 34,226
Sec. 5117.071. (A) EACH YEAR, THE TAX COMMISSIONER SHALL 34,228
ADJUST THE TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 34,230
5117.09 OF THE REVISED CODE BY COMPLETING THE FOLLOWING STEPS: 34,231
(1) DETERMINE THE PERCENTAGE INCREASE IN THE GROSS 34,233
DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC 34,234
ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE 34,235
780
PRECEDING YEAR; 34,236
(2) MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL 34,238
INCOME AMOUNTS FOR THE PRECEDING YEAR; 34,239
(3) ADD THE RESULTING PRODUCTS TO EACH OF THE TOTAL INCOME 34,241
AMOUNTS FOR THE PRECEDING YEAR; 34,242
(4) ROUND THE RESULTING SUMS UPWARD TO THE NEAREST 34,244
MULTIPLE OF TEN DOLLARS. 34,245
THE COMMISSIONER SHALL NOT MAKE THE ADJUSTMENT IN ANY YEAR 34,247
IN WHICH THE AMOUNTS RESULTING FROM THE ADJUSTMENT WOULD BE LESS 34,248
THAN THE TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR. 34,250
(B) EACH YEAR, THE TAX COMMISSIONER ALSO SHALL ADJUST THE 34,253
CURRENT TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 34,254
5117.09 OF THE REVISED CODE. FOR ANY YEAR, THE CURRENT TOTAL
INCOME AMOUNTS SHALL EQUAL ONE-HALF OF THE RESPECTIVE TOTAL 34,255
INCOME AMOUNTS SET FORTH IN THOSE SECTIONS AND ADJUSTED UNDER 34,256
DIVISION (A) OF THIS SECTION FOR THAT YEAR. 34,257
(C) THE TAX COMMISSIONER AND EACH ENERGY COMPANY AND 34,259
ENERGY DEALER SHALL USE THE ADJUSTED TOTAL INCOME AND CURRENT 34,260
TOTAL INCOME AMOUNTS DETERMINED UNDER THIS SECTION IN PERFORMING 34,262
THEIR DUTIES UNDER SECTIONS 5117.01 TO 5117.12 OF THE REVISED 34,263
CODE.
Sec. 5117.09. (A)(1) With respect to each of its 34,272
residential customers, every energy company shall, after receipt 34,273
of a certification list provided under division (A) of section 34,274
5117.08 of the Revised Code, cause the granting of a credit in 34,275
accordance with this section against the monthly billing of each 34,276
household appearing on the list except as provided in division 34,277
(A) of section 5117.08 of the Revised Code. In the case of an 34,278
applicant who has a total income of five thousand dollars or less 34,279
or a current total income of two thousand five hundred dollars or 34,280
less, the credit shall amount to thirty per cent of the current 34,281
monthly bill rendered to such household by the company for the 34,282
billing months of December, January, February, March, and April 34,283
following the receipt of a list on which the household appears. 34,284
781
In the case of an applicant who has a total income of more than 34,285
five thousand dollars but not more than nine thousand dollars or 34,286
a current total income of more than two thousand five hundred 34,287
dollars but not more than four thousand five hundred dollars, the 34,288
credit shall amount to twenty-five per cent of the current 34,289
monthly bill rendered to such household by the company for the 34,290
billing months of December, January, February, March, and April 34,291
following the receipt of a list on which the household appears. 34,292
If purchased power costs are incurred by an energy company during 34,293
the billing month for which a credit is provided under this 34,294
division, the credit shall also be applied to such costs, whether 34,295
or not the costs are charged to a current montly MONTHLY bill for 34,296
such months. 34,297
(2) THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 34,299
FORTH IN DIVISION (A)(1) OF THIS SECTION ARE SUBJECT TO 34,300
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 34,301
(B) Every energy company shall read the meter of each of 34,303
its qualified residential customers who may receive a credit 34,304
under division (A) of this section at least one time for the 34,305
service period of November and at least one time in the service 34,306
period for the current monthly bill rendered for the billing 34,307
month of April. In the event a company is unable to read a meter 34,308
because of failure to gain access after a good faith effort or 34,309
because a certification list was supplied to the utility fewer 34,310
than thirty days prior to the normal date of meter reading, the 34,311
company may render a calculated bill. In such instances the 34,312
company shall make an adjustment to the amount of the credit 34,313
granted to the customer based upon the next actual reading of the 34,314
meter if the reading shows the previous calculation to have been 34,315
in error and set forth the amount of such adjustments in the 34,316
report required to be filed with the tax commissioner under 34,317
division (D) of this section. 34,318
(C) On each billing that is subject to a credit under 34,320
division (A) of this section, there shall appear in ten-point 34,321
782
type both the amount of the credit and to the left of such amount 34,322
"Ohio Energy Credit." 34,323
(D) On or before the fifteenth day of each month following 34,325
one in which credits were provided under division (A) of this 34,326
section, each energy company shall, on a form prescribed by the 34,327
tax commissioner and requesting information that he THE 34,328
COMMISSIONER determines is necessary for the purpose of verifying 34,330
the propriety of the payment of credits, certify to the 34,331
commissioner the total amount of all credits it granted pursuant 34,332
to division (A) of this section during the preceding month. Not 34,333
later than thirty days after his receipt of such certification, 34,334
the commissioner shall pay the company the amount certified. If 34,335
the commissioner determines that a company previously received 34,336
amounts greater than the amounts of credits properly granted, 34,337
such company, upon notice from the commissioner, shall reimburse 34,338
the commissioner in the amount of the overpayments. Such 34,339
reimbursements shall be deposited in the general revenue fund. 34,340
(E)(1) Any energy company that purposely fails to grant 34,342
the credit provided under division (A) of this section is liable 34,343
to each person entitled to the credit and certified to the 34,344
company by the tax commissioner pursuant to division (A) of 34,345
section 5117.08 of the Revised Code in treble the amount of the 34,346
total credit not granted. The consumers' counsel may, on behalf 34,347
of any person or persons not granted the credit, bring an action 34,348
to recover such treble damages in the court of common pleas of 34,349
the county in which is located the office of the company nearest 34,350
the household of any such person or persons. The consumers' 34,351
counsel may also, on behalf of any persons not granted the 34,352
credit, bring a class action to recover such treble damages in 34,353
the court of common pleas of any county in which is located an 34,354
office of the company and, if feasible, in which is located a 34,355
significant number of members of the class. Any treble damage 34,356
recovery under this division does not, in any manner, diminish 34,357
any other liability provided under sections 5117.01 to 5117.12 of 34,358
783
the Revised Code. Clerical errors shall not be considered an 34,359
offense or incur liability under this division. 34,360
(2) An action shall be brought by the consumers' counsel 34,362
under division (E)(1) of this section only after he THE 34,363
CONSUMERS' COUNSEL has made a good faith attempt to dispose of 34,365
the claim by settlement, including a good faith request for only 34,366
such information in the possession of an energy company as is 34,367
needed to determine the existence or extent of such a right of 34,368
action.
(3) Nothing in division (E)(1) of this section shall be 34,370
construed to prevent persons acting without the assistance of the 34,371
consumers' counsel from bringing an action or class action under 34,372
such division. 34,373
Sec. 5119.16. The EXCEPT AS OTHERWISE PROVIDED IN DIVISION 34,382
(G) OF THIS SECTION, THE department of mental health is hereby 34,383
designated to provide certain goods and services for the 34,384
department of mental health, the department of mental retardation 34,385
and developmental disabilities, the department of rehabilitation 34,386
and correction, the department of youth services, and other 34,387
state, county, or municipal agencies requesting such THESE goods 34,388
and services when the department of mental health determines that 34,390
it is in the public interest, and considers it advisable, to 34,391
provide these goods and services. The department of mental 34,392
health also may provide goods and services to agencies operated 34,393
by the United States government and to public or private 34,394
nonprofit agencies funded in whole or in part by the state if the 34,395
public or private nonprofit agencies are designated for 34,396
participation in this program by the director of mental health 34,397
for community mental health agencies, the director of mental 34,398
retardation and developmental disabilities for community mental 34,399
retardation and developmental disabilities agencies, the director 34,400
of rehabilitation and correction for community rehabilitation and 34,401
correction agencies, or the director of youth services for 34,402
community youth services agencies. The director of aging may 34,403
784
designate for participation community agencies holding a contract 34,404
with an area agency on aging established under the "Older 34,405
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. 34,406
Designated community agencies shall receive goods and services 34,407
through the department of mental health only in those cases where 34,408
the designating state agency certifies that providing such THE 34,409
goods and services to the agency will conserve public resources 34,411
to the benefit of the public and where the provision of such THE 34,412
goods and services is considered feasible by the department of 34,414
mental health. 34,415
Purchases of goods or services under this section are not 34,417
subject to section 307.86 of the Revised Code. 34,418
(A) The goods and services to be provided by the 34,420
department of mental health may include THE FOLLOWING: 34,421
(1) Procurement, storage, processing, and distribution of 34,423
food and professional consultation on food operations; 34,424
(2) Procurement, storage, and distribution of medical and 34,426
laboratory supplies, dental supplies, medical records, forms, 34,427
optical supplies, and sundries, subject to section 5120.135 of 34,429
the Revised Code;
(3) Procurement, storage, repackaging, distribution, and 34,431
dispensing of drugs, the provision of professional pharmacy 34,432
consultation, and drug information services; 34,433
(4) Other goods and services as may be agreed to. 34,435
(B) The department of mental health shall provide the 34,437
goods and services designated in division (A) of this section to 34,438
its institutions and to state-operated community-based mental 34,439
health services. 34,440
(C) After consultation with and advice from the director 34,442
of mental retardation and developmental disabilities, the 34,443
director of rehabilitation and correction, and the director of 34,444
youth services AND EXCEPT AS OTHERWISE PROVIDED IN DIVISION (G) 34,445
OF THIS SECTION, the department of mental health shall provide 34,446
the goods and services designated in division (A) of this section 34,447
785
to the department of mental retardation and developmental 34,448
disabilities, the department of rehabilitation and correction, 34,449
and the department of youth services. 34,450
(D) The cost of administration of this section shall be 34,452
determined by the department of mental health and paid by the 34,453
agencies receiving the goods and services to the department for 34,454
deposit in the state treasury to the credit of the mental health 34,455
fund, which is hereby created. The fund shall be used to pay the 34,456
cost of administration of this section to the department. 34,457
(E) If the goods or services designated in division (A) of 34,459
this section are not provided in a satisfactory manner by the 34,460
department of mental health, the director of mental retardation 34,461
and developmental disabilities, the director of rehabilitation 34,462
and correction, the director of youth services, or the managing 34,463
officer of a department of mental health institution shall 34,464
attempt to resolve unsatisfactory service with the director of 34,465
mental health. If, after such THE attempt, the provision of 34,466
goods or services continues to be unsatisfactory, the director or 34,468
officer shall notify the director of mental health. If within 34,469
thirty days of such AFTER THE notice the department of mental 34,470
health does not provide the specified goods and services in a 34,472
satisfactory manner, the director of mental retardation and 34,473
developmental disabilities, the director of rehabilitation and 34,474
correction, the director of youth services, or the managing 34,475
officer of the department of mental health institution shall 34,476
notify the director of mental health of the director's or 34,477
managing officer's intent to cease purchasing goods and services 34,479
from the department. Following a sixty-day cancellation period 34,480
from the date of such THAT notice, the department of mental 34,482
retardation, department of rehabilitation and correction, 34,483
department of youth services, or the department of mental health 34,484
institution may obtain the goods and services from a source other 34,485
than the department of mental health, if the department certifies 34,486
to the department of administrative services that the 34,487
786
requirements of this division have been met. 34,488
(F) Whenever a state agency fails to make a payment for 34,490
goods and services provided under this section within thirty-one 34,491
days after the date the payment was due, the office of budget and 34,492
management may transfer moneys from the state agency to the 34,493
department of mental health. The amount transferred shall not 34,494
exceed the amount of overdue payments. Prior to making a 34,495
transfer under this division, the office of budget and management 34,496
shall apply any credits the state agency has accumulated in 34,497
payments for goods and services provided under this section. 34,498
(G) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 34,500
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 34,501
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 34,502
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 34,503
Sec. 5119.22. (A)(1) As used in this section: 34,512
(a) "Mental health agency" means a community mental health 34,514
agency as defined in division (H) of section 5122.01 of the 34,515
Revised Code, or a community mental health facility certified by 34,516
the department of mental health pursuant to division (I) of 34,517
section 5119.01 of the Revised Code. 34,518
(b) "Mental health services" means any of the services 34,520
listed in section 340.09 of the Revised Code. 34,521
(c) "Personal care services" means services including, but 34,523
not limited to, the following: 34,524
(i) Assisting residents with activities of daily living; 34,526
(ii) Assisting residents with self-administration of 34,528
medication in accordance with rules adopted under this section; 34,529
(iii) Preparing special diets, other than complex 34,531
therapeutic diets, for residents pursuant to the instructions of 34,532
a physician or a licensed dietitian, in accordance with rules 34,533
adopted under this section. 34,534
"Personal care services" does not include "skilled nursing 34,536
care" as defined in section 3721.01 of the Revised Code. A 34,537
facility need not provide more than one of the services listed in 34,538
787
division (A)(1)(c) of this section to be considered to be 34,539
providing personal care services. 34,540
(d) "Residential facility" means a publicly or privately 34,542
operated home or facility that provides one of the following: 34,543
(i) Room and board, personal care services, and mental 34,545
health services to one or more persons with mental illness or 34,546
persons with severe mental disabilities who are referred by or 34,547
are receiving mental health services from a mental health agency, 34,548
hospital, or practitioner; 34,549
(ii) Room and board and personal care services to one or 34,551
two persons with mental illness or persons with severe mental 34,552
disabilities who are referred by or are receiving mental health 34,553
services from a mental health agency, hospital, or practitioner; 34,554
(iii) Room and board to five or more persons with mental 34,556
illness or persons with severe mental disabilities who are 34,557
referred by or are receiving mental health services from a mental 34,558
health agency, hospital, or practitioner. 34,559
The following are not residential facilities: the 34,561
residence of a relative or guardian of a mentally ill individual, 34,562
a hospital subject to licensure under section 5119.20 of the 34,563
Revised Code, a residential facility as defined in section 34,564
5123.19 of the Revised Code, a facility providing care for a 34,565
child in the custody of a public children services agency or a 34,567
private agency certified under section 5103.03 of the Revised 34,568
Code, a foster care facility subject to section 5103.03 of the 34,570
Revised Code, an adult care facility subject to licensure under 34,571
Chapter 3722. of the Revised Code, and a nursing home, 34,572
residential care facility, or home for the aging subject to 34,573
licensure under section 3721.02 of the Revised Code. 34,574
(2) Nothing in division (A)(1)(d) of this section shall be 34,576
construed to permit personal care services to be imposed on a 34,577
resident who is capable of performing the activity in question 34,578
without assistance. 34,579
(3) Except in the case of a residential facility described 34,581
788
in division (A)(1)(d)(i) of this section, members of the staff of 34,582
a residential facility shall not administer medication to 34,583
residents, all medication taken by residents of a residential 34,584
facility shall be self-administered, and no person shall be 34,585
admitted to or retained by a residential facility unless the 34,586
person is capable of taking the person's own medication and 34,587
biologicals, as determined in writing by the person's personal 34,588
physician. Members of the staff of a residential facility may do 34,589
any of the following: 34,590
(a) Remind a resident when to take medication and watch to 34,592
ensure that the resident follows the directions on the container; 34,593
(b) Assist a resident in the self-administration of 34,595
medication by taking the medication from the locked area where it 34,596
is stored, in accordance with rules adopted pursuant to this 34,597
section, and handing it to the resident. If the resident is 34,598
physically unable to open the container, a staff member may open 34,599
the container for the resident. 34,600
(c) Assist a physically impaired but mentally alert 34,602
resident, such as a resident with arthritis, cerebral palsy, or 34,603
Parkinson's disease, in removing oral or topical medication from 34,604
containers and in consuming or applying the medication, upon 34,605
request by or with the consent of the resident. If a resident is 34,606
physically unable to place a dose of medicine to the resident's 34,608
mouth without spilling it, a staff member may place the dose in a 34,609
container and place the container to the mouth of the resident. 34,610
(B) Every person operating or desiring to operate a 34,612
residential facility shall apply for licensure of the facility to 34,613
the department of mental health and shall send a copy of the 34,614
application to the board of alcohol, drug addiction, and mental 34,615
health services whose service district includes the county in 34,616
which the person operates or desires to operate a residential 34,617
facility. The board shall review such applications and recommend 34,618
approval or disapproval to the department. Each recommendation 34,619
shall be consistent with the board's community mental health 34,620
789
plan. 34,621
(C) The department of mental health shall inspect and 34,623
license the operation of residential facilities. The department 34,624
shall consider the past record of the facility and the applicant 34,625
or licensee in arriving at its licensure decision. The 34,626
department may issue full, probationary, and interim licenses. A 34,627
full license shall expire one year TWO YEARS after the date of 34,628
issuance, a probationary license shall expire in a shorter period 34,630
of time as prescribed by rule adopted by the director of mental 34,631
health pursuant to Chapter 119. of the Revised Code, and an 34,632
interim license shall expire ninety days after the date of 34,633
issuance. The department may refuse to issue or renew and may 34,634
revoke a license if it finds the facility is not in compliance 34,635
with rules adopted by the department pursuant to division (G) of 34,636
this section or if any facility operated by the applicant or 34,637
licensee has had repeated violations of statutes or rules during 34,638
the period of previous licenses. Proceedings initiated to deny 34,639
applications for full or probationary licenses or to revoke such 34,640
licenses are governed by Chapter 119. of the Revised Code. 34,641
(D) The department may issue an interim license to operate 34,643
a residential facility if both of the following conditions are 34,644
met: 34,645
(1) The department determines that the closing of or the 34,647
need to remove residents from another residential facility has 34,648
created an emergency situation requiring immediate removal of 34,649
residents and an insufficient number of licensed beds are 34,650
available. 34,651
(2) The residential facility applying for an interim 34,653
license meets standards established for interim licenses in rules 34,654
adopted by the director under Chapter 119. of the Revised Code. 34,655
An interim license shall be valid for ninety days and may 34,657
be renewed by the director no more than twice. Proceedings 34,658
initiated to deny applications for or to revoke interim licenses 34,659
under this division are not subject to Chapter 119. of the 34,660
790
Revised Code. 34,661
(E) The department of mental health may conduct an 34,663
inspection of a residential facility: 34,664
(1) Prior to the issuance of a license to a prospective 34,666
operator; 34,667
(2) Prior to the renewal of any operator's license; 34,669
(3) To determine whether a facility has completed a plan 34,671
of correction required pursuant to this division and corrected 34,672
deficiencies to the satisfaction of the department and in 34,673
compliance with this section and rules adopted pursuant to it; 34,674
(4) Upon complaint by any individual or agency; 34,676
(5) At any time the director considers an inspection to be 34,678
necessary in order to determine whether a residential facility is 34,679
in compliance with this section and rules adopted pursuant to 34,680
this section. 34,681
In conducting inspections the department may conduct an 34,683
on-site examination and evaluation of the residential facility, 34,684
its personnel, activities, and services. The department shall 34,685
have access to examine all records, accounts, and any other 34,686
documents relating to the operation of the residential facility, 34,687
and shall have access to the facility in order to conduct 34,688
interviews with the operator, staff, and residents. Following 34,689
each inspection and review, the department shall complete a 34,690
report listing any deficiencies, and including, when appropriate, 34,691
a time table within which the operator shall correct the 34,692
deficiencies. The department may require the operator to submit 34,693
a plan of correction describing how the deficiencies will be 34,694
corrected. 34,695
(F) No person shall do any of the following: 34,697
(1) Operate a residential facility unless the facility 34,699
holds a valid license; 34,700
(2) Violate any of the conditions of licensure after 34,702
having been granted a license; 34,703
(3) Interfere with a state or local official's inspection 34,705
791
or investigation of a residential facility; 34,706
(4) Violate any of the provisions of this section or any 34,708
rules adopted pursuant to this section. 34,709
(G) The director shall adopt and may amend and rescind 34,711
rules pursuant to Chapter 119. of the Revised Code, prescribing 34,712
minimum standards for the health, safety, adequacy, and cultural 34,713
specificity and sensitivity of treatment of and services for 34,714
persons in residential facilities; establishing procedures for 34,715
the issuance, renewal or revocation of the licenses of such 34,716
facilities; establishing the maximum number of residents of a 34,717
facility; establishing the rights of residents and procedures to 34,718
protect such rights; and requiring an affiliation agreement 34,719
approved by the board between a residential facility and a mental 34,720
health agency. Such affiliation agreement must be consistent 34,721
with the residential portion of the community mental health plan 34,722
submitted pursuant to section 340.03 of the Revised Code. 34,723
(H) The department may investigate any facility that has 34,725
been reported to the department or that the department has 34,726
reasonable cause to believe is operating as a residential 34,727
facility without a valid license. 34,728
(I) The department may withhold the source of any 34,730
complaint reported as a violation of this act when the department 34,731
determines that disclosure could be detrimental to the 34,732
department's purposes or could jeopardize the investigation. The 34,733
department may disclose the source of any complaint if the 34,734
complainant agrees in writing to such disclosure and shall 34,735
disclose the source upon order by a court of competent 34,736
jurisdiction. 34,737
(J) The director of mental health may petition the court 34,739
of common pleas of the county in which a residential facility is 34,740
located for an order enjoining any person from operating a 34,741
residential facility without a license or from operating a 34,742
licensed facility when, in the director's judgment, there is a 34,743
real and present danger to the health or safety of any of the 34,744
792
occupants of the facility. The court shall have jurisdiction to 34,745
grant such injunctive relief upon a showing that the respondent 34,746
named in the petition is operating a facility without a license 34,747
or there is a real and present danger to the health or safety of 34,748
any residents of the facility. 34,749
(K) Whoever violates division (F) of this section or any 34,751
rule adopted under this section is liable for a civil penalty of 34,752
one hundred dollars for the first offense; for each subsequent 34,753
offense, such violator is liable for a civil penalty of five 34,754
hundred dollars. If the violator does not pay, the attorney 34,755
general, upon the request of the director of mental health, shall 34,756
bring a civil action to collect the penalty. Fines collected 34,757
pursuant to this section shall be deposited into the state 34,758
treasury to the credit of the mental health sale of goods and 34,759
services fund. 34,760
Sec. 5119.61. Any provision in this chapter that refers to 34,769
a board of alcohol, drug addiction, and mental health services 34,770
also refers to the community mental health board in an alcohol, 34,771
drug addiction, and mental health service district that has a 34,772
community mental health board. 34,773
The director of mental health with respect to all 34,775
facilities and programs established and operated under Chapter 34,776
340. of the Revised Code for mentally ill and emotionally 34,777
disturbed persons, shall: 34,778
(A) Make ADOPT such rules pursuant to Chapter 119. of the 34,780
Revised Code as may be necessary to carry out the purposes of 34,781
Chapter 340. and sections 5119.61 to 5119.63 of the Revised 34,783
Code;.
(1) THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 34,785
(a) RULES GOVERNING A COMMUNITY MENTAL HEALTH AGENCY'S 34,787
SERVICES UNDER DIVISION (A)(14) OF SECTION 340.03 OF THE REVISED 34,788
CODE TO AN INDIVIDUAL WHO APPLIES FOR RESIDENTIAL STATE 34,790
SUPPLEMENTAL PAYMENTS UNDER SECTION 173.35 OF THE REVISED CODE 34,791
AND IS REFERRED TO A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 34,792
793
HEALTH SERVICES UNDER DIVISION (D) OF THAT SECTION; 34,793
(b) RULES ESTABLISHING GUIDELINES FOR AFFILIATION 34,795
AGREEMENTS ENTERED UNDER DIVISION (A)(15) OF SECTION 340.03 OF 34,796
THE REVISED CODE; 34,797
(c) RULES GOVERNING A BOARD OF ALCOHOL, DRUG ADDICTION, 34,799
AND MENTAL HEALTH SERVICES WHEN MAKING A REPORT UNDER SECTION 34,800
3722.17 OF THE REVISED CODE REGARDING THE QUALITY OF CARE AND 34,801
SERVICES PROVIDED BY AN ADULT CARE FACILITY TO A PERSON WITH 34,802
MENTAL ILLNESS OR A SEVERE MENTAL DISABILITY. 34,803
(2) RULES MAY BE ADOPTED TO GOVERN THE METHOD OF PAYING A 34,805
COMMUNITY MENTAL HEALTH FACILITY DESCRIBED IN DIVISION (B) OF 34,806
SECTION 5111.022 OF THE REVISED CODE FOR PROVIDING SERVICES 34,807
ESTABLISHED BY DIVISION (A) OF THAT SECTION. SUCH RULES MUST BE 34,808
CONSISTENT WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS 34,809
OF HUMAN SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT 34,810
SECTION.
(B) Adopt rules requiring each public or private agency 34,812
providing mental health services or facilities under a contract 34,813
with a board of alcohol, drug addiction, and mental health 34,814
services and any program operated by such a board to have a 34,815
written policy that addresses the rights of clients including: 34,816
(1) The right to a copy of the agency's policy of client 34,818
rights; 34,819
(2) The right at all times to be treated with 34,821
consideration and respect for his THE CLIENT'S privacy and 34,822
dignity; 34,823
(3) The right to have access to his THE CLIENT'S own 34,825
psychiatric, medical, or other treatment records unless access is 34,826
specifically restricted in the client's treatment plan for clear 34,827
treatment reasons; 34,828
(4) The right to have a client rights officer provided by 34,830
the board or agency advise him THE CLIENT of his THE CLIENT'S 34,832
rights, including his THE CLIENT'S rights under Chapter 5122. of 34,833
the Revised Code if he THE CLIENT is committed to the board or 34,834
794
agency.
(C) Require each board of alcohol, drug addiction, and 34,836
mental health services to ensure that each contract agency 34,837
establishes grievance procedures available to all recipients of 34,838
services or applicants for services; 34,839
(D) Define minimum standards for qualifications of 34,841
personnel, professional services, and mental health 34,842
professionals, as that term is defined in section 340.02 of the 34,843
Revised Code; 34,844
(E) Review and evaluate, and, taking into account the 34,846
findings and recommendations of the board of alcohol, drug 34,847
addiction, and mental health services of the district served by 34,848
the program and the requirements and priorities of the state 34,849
mental health plan, including the needs of residents of the 34,850
district now residing in state mental institutions, approve and 34,851
allocate funds to support community programs, and make 34,852
recommendations for needed improvements to boards of alcohol, 34,853
drug addiction, and mental health services; 34,854
(F) Withhold state and federal funds for any program, in 34,856
whole or in part, from a board of alcohol, drug addiction, and 34,857
mental health services in the event of failure of that program to 34,858
comply with Chapter 340. or section 5119.61 or 5119.62 of the 34,859
Revised Code or rules of the department of mental health. The 34,860
director shall identify the areas of noncompliance and the action 34,861
necessary to achieve compliance. The director shall offer 34,862
technical assistance to the board to achieve compliance. The 34,863
director shall give the board a reasonable time within which to 34,864
comply or to present its position that it is in compliance. 34,865
Before withholding funds, a hearing shall be conducted to 34,866
determine if there are continuing violations and that either 34,867
assistance is rejected or the board is unable to achieve 34,868
compliance. Subsequent to the hearing process, if it is 34,869
determined that compliance has not been achieved, the director 34,870
may allocate all or part of the withheld funds to a public or 34,871
795
private agency, to provide the services not in compliance, until 34,872
such time as there is compliance. The director shall establish 34,873
rules pursuant to Chapter 119. of the Revised Code to implement 34,874
this division. 34,875
(G) Withhold state or federal funds from a board of 34,877
alcohol, drug addiction, and mental health services that denies 34,878
available service on the basis of religion, race, color, creed, 34,879
sex, national origin, age, physical or mental handicap, 34,880
developmental disability, or the inability to pay; 34,881
(H) Provide consultative services to community mental 34,883
health programs, with the knowledge and cooperation of the board 34,884
of alcohol, drug addiction, and mental health services; 34,885
(I) Provide to boards of alcohol, drug addiction, and 34,887
mental health services state or federal funds, in addition to 34,888
those allocated under section 5119.62 of the Revised Code, for 34,889
special programs or projects the director considers necessary, 34,890
but for which local funds are not available; 34,891
(J) Establish criteria by which a board of alcohol, drug 34,893
addiction, and mental health services reviews and evaluates the 34,894
quality, effectiveness, and efficiency of services provided 34,895
through its community mental health plan. The department shall 34,896
assess a board's evaluation of services and the compliance of 34,897
each board with this section, Chapter 340., or section 5119.62 of 34,898
the Revised Code and other state or federal law and regulations. 34,899
The department, in cooperation with the board, periodically shall 34,900
review and evaluate the quality, effectiveness, and efficiency of 34,901
services provided through each board. The department shall 34,902
collect such information as is necessary to perform these 34,903
functions. 34,904
(K) Develop and operate a community mental health 34,906
information system. 34,907
Boards of alcohol, drug abuse, and mental health services 34,909
shall submit information requested by the department in the form 34,910
and manner prescribed by the department. Information collected 34,911
796
by the department shall include, but not be limited to: 34,912
(1) Information regarding units of services provided in 34,914
whole or in part under contract with a board, including diagnosis 34,915
and special needs, demographic information, the number of units 34,916
of service provided, past treatment, financial status, and 34,917
service dates in accordance with rules adopted by the department 34,918
in accordance with Chapter 119. of the Revised Code; 34,919
(2) Financial information other than price or 34,921
price-related data regarding expenditures of boards and community 34,922
mental health agencies, including units of service provided, 34,923
budgeted and actual expenses by type, and sources of funds. 34,924
Boards shall submit the information specified in division 34,926
(K)(1) of this section no less frequently than annually for each 34,927
client, and each time the client's case is opened or closed. The 34,928
department shall not collect any information for the purpose of 34,929
identifying by name any person who receives a service through a 34,930
board of alcohol, drug addiction, and mental health services, 34,931
except as required by state or federal law to validate 34,932
appropriate reimbursement. For the purposes of division (K)(1) 34,933
of this section, the department shall use an identification 34,934
system that is consistent with applicable nationally recognized 34,935
standards. 34,936
(L) Review each board's plan submitted pursuant to section 34,938
340.03 of the Revised Code and approve or disapprove it in whole 34,939
or in part. Periodically, in consultation with representatives 34,940
of boards and after considering the recommendations of the 34,941
medical director, the director shall issue criteria for 34,942
determining when a plan is complete, criteria for plan approval 34,943
or disapproval, and provisions for conditional approval. The 34,944
factors that the director considers may include, but are not 34,945
limited to, the following: 34,946
(1) The mental health needs of all persons residing within 34,948
the board's service district, especially severely mentally 34,949
disabled children, adolescents, and adults; 34,950
797
(2) The demonstrated quality, effectiveness, efficiency, 34,952
and cultural relevance of the services provided in each service 34,953
district, the extent to which any services are duplicative of 34,954
other available services, and whether the services meet the needs 34,955
identified above; 34,956
(3) The adequacy of the board's accounting for the 34,958
expenditure of funds. 34,959
If the director disapproves all or part of any plan, he THE 34,961
DIRECTOR shall provide the board an opportunity to present its 34,962
position. The director shall inform the board of the reasons for 34,963
the disapproval and of the criteria that must be met before the 34,964
plan may be approved. The director shall give the board a 34,965
reasonable time within which to meet the criteria, and shall 34,966
offer technical assistance to the board to help it meet the 34,967
criteria.
If the approval of a plan remains in dispute thirty days 34,969
prior to the conclusion of the fiscal year in which the board's 34,970
current plan is scheduled to expire, the board or the director 34,971
may request that the dispute be submitted to a mutually agreed 34,972
upon third-party mediator with the cost to be shared by the board 34,973
and the department. The mediator shall issue to the board and 34,974
the department recommendations for resolution of the dispute. 34,975
Prior to the conclusion of the fiscal year in which the current 34,976
plan is scheduled to expire, the director, taking into 34,977
consideration the recommendations of the mediator, shall make a 34,978
final determination and approve or disapprove the plan, in whole 34,979
or in part. 34,980
(M) Visit and evaluate any community mental health 34,982
program, agency, or facility, in cooperation with a board of 34,983
alcohol, drug addiction, and mental health services, to determine 34,984
if the services meet minimum standards pursuant to division (G) 34,985
of section 5119.01 of the Revised Code. If the director 34,986
determines that the services meet minimum standards, he THE 34,987
DIRECTOR shall so certify. 34,988
798
If the director determines that the services of any 34,990
program, agency, or facility that has a contract with a board do 34,991
not meet minimum standards, he THE DIRECTOR shall identify the 34,992
areas of noncompliance, specify what action is necessary to meet 34,994
the standards, and offer technical assistance to the board so 34,995
that it may assist the program, agency, or facility to meet 34,996
minimum standards. The director shall give the board a 34,997
reasonable time within which to demonstrate that the services 34,998
meet minimum standards or to bring the program or facility into 34,999
compliance with the standards. If the director concludes that 35,000
the services continue to fail to meet minimum standards, the 35,001
director may request that the board reallocate the funds for 35,002
those services to another program, agency, or facility which 35,003
meets minimum standards. If the board does not reallocate those 35,004
funds in a reasonable period of time, the director may withhold 35,005
state and federal funds for the services and allocate those funds 35,006
directly to a public or private agency that meets minimum 35,007
standards.
Each program, agency, and facility shall pay a fee for the 35,009
certification review required by this division. Fees shall be 35,010
paid into the sale of goods and services fund created pursuant to 35,011
section 5119.161 of the Revised Code. 35,012
The director shall adopt rules under Chapter 119. of the 35,014
Revised Code to implement this division. The rules shall do all 35,015
of the following: 35,016
(1) Establish the process for certification of services of 35,018
programs, agencies, or facilities; 35,019
(2) Set the amount of certification review fees based on a 35,021
portion of the cost of performing the review; 35,022
(3) Specify the type of notice and hearing to be provided 35,024
prior to a decision whether to reallocate funds. 35,025
Sec. 5119.631. (A) THIS SECTION APPLIES TO A BOARD OF 35,027
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, ANOTHER 35,029
GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT ORGANIZATION THAT 35,030
799
RECEIVED A GRANT OR REIMBURSEMENT UNDER SECTION 5119.63 OF THE 35,031
REVISED CODE FOR A FACILITY ON WHICH THE DEPARTMENT OF MENTAL 35,033
HEALTH HOLDS A SECURITY INTEREST. 35,034
(B) A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 35,036
SERVICES, ANOTHER GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT 35,037
ORGANIZATION TO WHICH THIS SECTION APPLIES MAY APPLY TO THE 35,038
DIRECTOR OF MENTAL HEALTH FOR APPROVAL TO SELL ITS FACILITY AND 35,039
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY PURSUANT 35,040
TO THIS SECTION. THE DIRECTOR SHALL PRESCRIBE THE FORM OF THE 35,041
APPLICATION. BEFORE SUBMITTING AN APPLICATION TO THE DIRECTOR, A 35,042
GOVERNMENTAL ENTITY OR PRIVATE, NONPROFIT ORGANIZATION MUST 35,043
OBTAIN APPROVAL OF THE APPLICATION FROM THE BOARD OF ALCOHOL, 35,044
DRUG ADDICTION, AND MENTAL HEALTH SERVICES WITH JURISDICTION OVER 35,045
THE SERVICE DISTRICT IN WHICH THE EXISTING FACILITY IS LOCATED. 35,046
THE DIRECTOR SHALL APPROVE AN APPLICATION FOR A REPLACEMENT 35,047
PROJECT UPON DETERMINING THAT THE PROJECT PROVIDES FOR THE 35,048
CONTINUATION OF APPROPRIATE MENTAL HEALTH SERVICES TO THE 35,049
POPULATION SERVED BY THE BOARD, ENTITY, OR ORGANIZATION. 35,050
(C) A BOARD, ENTITY, OR ORGANIZATION THAT OBTAINS APPROVAL 35,052
FOR A PROJECT UNDER DIVISION (B) OF THIS SECTION SHALL PAY THE 35,053
PROCEEDS OF THE SALE OF ITS FACILITY TO THE DIRECTOR OF MENTAL 35,054
HEALTH. THE DIRECTOR SHALL DEPOSIT THE PROCEEDS TO THE CREDIT OF 35,055
THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND. 35,056
(D) WHEN A BOARD, ENTITY, OR ORGANIZATION THAT HAS SOLD 35,058
ITS FACILITY NOTIFIES THE DIRECTOR OF MENTAL HEALTH THAT IT IS 35,059
READY TO ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY,
THE DIRECTOR SHALL DO ONE OF THE FOLLOWING: 35,060
(1) IF THE REPLACEMENT FACILITY IS LOCATED IN THE SAME 35,062
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT AS 35,063
THE ORIGINAL FACILITY, AND IF THE PURPOSES FOR WHICH THE 35,064
REPLACEMENT FACILITY WILL BE USED ARE THE SAME AS THOSE FOR THE 35,065
ORIGINAL FACILITY, THE DIRECTOR SHALL PAY TO THE BOARD, ENTITY, 35,066
OR ORGANIZATION FROM THE COMMUNITY CAPITAL REPLACEMENT FACILITIES 35,067
FUND AN AMOUNT EQUAL TO THE PROCEEDS OF THE SALE OF THE ORIGINAL 35,068
800
FACILITY.
(2) IF THE REPLACEMENT FACILITY IS LOCATED IN A DIFFERENT 35,070
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT THAN 35,071
THE ORIGINAL FACILITY, OR IF THE PURPOSES FOR WHICH THE 35,072
REPLACEMENT FACILITY WILL BE USED ARE NOT THE SAME AS THOSE FOR 35,073
THE ORIGINAL FACILITY, THE DIRECTOR SHALL REQUEST CONTROLLING 35,074
BOARD APPROVAL FOR RELEASE OF FUNDS FOR THE PROJECT. IF THE 35,075
CONTROLLING BOARD SO APPROVES, THE DIRECTOR SHALL PAY TO THE 35,076
BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY CAPITAL 35,077
REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE PROCEEDS OF 35,078
THE SALE OF THE ORIGINAL FACILITY.
(E) THE DIRECTOR OF MENTAL HEALTH AND A BOARD, ENTITY, OR 35,080
ORGANIZATION SHALL ENTER INTO AN AGREEMENT SPECIFYING THE TERMS 35,081
OF ANY PAYMENT MADE TO THE BOARD, ENTITY, OR ORGANIZATION UNDER
DIVISION (D) OF THIS SECTION. THE TERMS MAY INCLUDE PROVISION 35,082
FOR THE DEPARTMENT OF MENTAL HEALTH TO HOLD A SECURITY INTEREST 35,083
IN THE FACILITY. 35,084
(F)(1) WHEN APPROVING AN APPLICATION UNDER DIVISION (B) OF 35,086
THIS SECTION, THE DIRECTOR OF MENTAL HEALTH SHALL ESTABLISH A 35,087
DEADLINE BY WHICH THE BOARD, ENTITY, OR ORGANIZATION MUST NOTIFY
THE DIRECTOR THAT IT IS READY TO ACQUIRE, CONSTRUCT, OR RENOVATE 35,088
A REPLACEMENT FACILITY. IF THE BOARD, ENTITY, OR ORGANIZATION 35,089
DOES NOT NOTIFY THE DIRECTOR ON OR BEFORE THE DEADLINE, THE 35,090
DIRECTOR MAY CANCEL THE PROJECT. UPON CANCELING THE PROJECT, THE 35,091
DIRECTOR SHALL PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE 35,092
COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO 35,093
THE PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY 35,094
THAT EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 35,095
FACILITY.
(2) NOTWITHSTANDING THE DEADLINE ESTABLISHED UNDER 35,097
DIVISION (F)(1) OF THIS SECTION, IF AT ANY TIME A BOARD, ENTITY, 35,098
OR ORGANIZATION NOTIFIES THE DIRECTOR THAT IT DOES NOT INTEND TO 35,099
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY UNDER THIS 35,100
SECTION, THE DIRECTOR SHALL CANCEL THE REPLACEMENT PROJECT AND 35,101
801
PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY 35,102
CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE 35,103
PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY THAT 35,104
EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 35,105
FACILITY.
(G) IF A REPLACEMENT PROJECT IS CANCELED AFTER THE SALE OF 35,107
THE ORIGINAL FACILITY, THE DIRECTOR OF MENTAL HEALTH SHALL USE 35,108
FUNDS EQUAL TO THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 35,109
ORIGINAL FACILITY FOR ADDITIONAL GRANTS OR REIMBURSEMENTS UNDER 35,110
SECTION 5119.63 OF THE REVISED CODE. THE DIRECTOR SHALL OBTAIN 35,111
THE APPROVAL OF THE CONTROLLING BOARD BEFORE RELEASING THE 35,112
ADDITIONAL GRANTS OR REIMBURSEMENTS. 35,113
(H) THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND IS 35,115
HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF MENTAL 35,116
HEALTH SHALL USE THE FUND FOR THE PURPOSES OF THIS SECTION. 35,117
Sec. 5120.14. (A) If a person who was convicted of or 35,126
pleaded guilty to an offense of violence that is a felony escapes 35,127
from a correctional institution in this state under the control 35,129
of the department of rehabilitation and correction or otherwise 35,130
escapes from the custody of the department, the department 35,131
immediately after the escape shall cause notice of REPORT the 35,132
escape, BY TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT 35,133
AGENCIES WITH JURISDICTION IN THE COUNTY IN WHICH THE INSTITUTION 35,134
FROM WHICH THE ESCAPE WAS MADE OR TO WHICH THE PERSON WAS 35,137
SENTENCED IS LOCATED, TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH 35,138
JURISDICTION IN THE COUNTY IN WHICH THE PERSON WAS CONVICTED OR 35,139
PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED PERSON WAS
SENTENCED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 35,140
ATTORNEY OF THE COUNTY IN WHICH THE INSTITUTION FROM WHICH THE 35,141
ESCAPE WAS MADE OR TO WHICH THE PERSON WAS SENTENCED IS LOCATED, 35,142
TO THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PERSON WAS 35,143
CONVICTED OR PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED 35,144
PERSON WAS SENTENCED, to be published in a newspaper of general 35,146
circulation in the county in which the institution from which the 35,147
802
escape was made or to which the person was sentenced is located, 35,148
and in TO a newspaper of general circulation in each county in 35,150
which the escaped person was indicted for an offense of violence 35,151
that is a felony for which, at the time of the escape, he THE 35,152
ESCAPED PERSON had been sentenced to that institution. The 35,153
department also immediately shall give notice of the escape by 35,155
telephone and in writing to the prosecuting attorney of each 35,156
county in which the escaped person was indicted for an offense of 35,157
violence that is a felony for which, at the time of the escape, 35,158
he had been sentenced to that institution. Upon THE WRITTEN 35,159
NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. A 35,160
FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF SECTION 35,161
2921.22 OF THE REVISED CODE.
(B) UPON the apprehension of the escaped person, the 35,165
department shall give notice of the apprehension by telephone and 35,166
in writing to the same prosecuting attorneys PERSONS who were 35,167
given notice of the escape UNDER DIVISION (A) OF THIS SECTION. 35,169
Sec. 5121.03. As used in this chapter: 35,178
(A) "Patient" means a person receiving care or treatment 35,180
in a program or facility that provides services to mentally ill 35,181
individuals. 35,182
(B) "The department" means the department of mental health 35,184
or the department of mental retardation and developmental 35,185
disabilities, whichever provides care or treatment to the 35,186
patient. 35,187
(C) "Resident" means a person admitted to an institution 35,189
or other facility pursuant to Chapter 5123. of the Revised Code 35,190
who is under observation or receiving habilitation and care in an 35,191
institution for the mentally retarded. 35,192
(D) "STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES" 35,194
MEANS COMMUNITY-BASED SERVICES THE DEPARTMENT OF MENTAL HEALTH 35,195
OPERATES FOR A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 35,197
HEALTH SERVICES PURSUANT TO A COMMUNITY MENTAL HEALTH PLAN
APPROVED UNDER DIVISION (A)(1)(c) OF SECTION 340.03 OF THE 35,199
803
REVISED CODE.
(E) "APPLICABLE COST" MEANS THE RATE FOR SUPPORT 35,201
APPLICABLE TO A PATIENT OR RESIDENT AS SPECIFIED IN THIS SECTION. 35,202
The rate COST for support of patients in hospitals and 35,204
residents in institutions under the jurisdiction of the 35,205
department of mental health or the department of mental 35,206
retardation and developmental disabilities, and of patients or 35,207
residents in private facilities or homes whose care or treatment 35,208
is being paid for by either THE department OF MENTAL RETARDATION 35,209
AND DEVELOPMENTAL DISABILITIES, shall be based on the average per 35,210
capita cost of the care and treatment of such patients or 35,211
residents. The cost of services for mentally ill patients or 35,212
mentally retarded residents shall be computed using the projected 35,213
average daily per capita cost at the hospital or institution, or 35,214
at the discretion of the department under the jurisdiction of 35,215
which the hospital or institution is operated, the subunit 35,216
thereof in which services are provided. Such costs shall be 35,217
computed at least annually for the next prospective period using 35,218
generally accepted governmental accounting principles. The cost 35,219
of services for mentally retarded residents that are being cared 35,220
for and maintained in a private facility or home under the 35,221
supervision of the department of mental retardation and 35,222
developmental disabilities regional offices and for which a 35,223
purchase of services contract is being paid to the private 35,224
facility or home by the department shall not be more than the per 35,225
diem cost of the contract. The cost of services for a resident 35,226
receiving pre-admission care, after-care, day-care, or routine 35,227
consultation and treatment services in a community service unit 35,228
under the jurisdiction of the department, shall be computed on 35,229
the basis of the average cost of such services at the institution 35,230
at which they are provided. The rate of support for a mentally 35,231
ill patient or a mentally retarded resident shall be that 35,232
percentage of the average per capita cost at the hospital or 35,233
institution at which such patient or resident receives care, in 35,234
804
accordance with section 5121.04 of the Revised Code. The 35,235
THE COST FOR SUPPORT OF A PATIENT RECEIVING STATE-OPERATED 35,237
COMMUNITY MENTAL HEALTH SERVICES IS AN AMOUNT DETERMINED USING 35,238
GUIDELINES THE DEPARTMENT OF MENTAL HEALTH SHALL ISSUE. THE 35,239
GUIDELINES SHALL BE BASED ON COST-FINDINGS AND RATE-SETTINGS 35,240
APPLICABLE TO SUCH SERVICES. 35,241
THE department shall annually determine the ability to pay 35,243
of a patient or resident or his THE PATIENT'S OR RESIDENT'S 35,244
liable relatives and the amount that such person shall pay in 35,246
accordance with section 5121.04 of the Revised Code. 35,247
Collections of support payments shall be made by the 35,249
department of mental health and the department of mental 35,250
retardation and developmental disabilities and, subject to 35,251
meeting prior requirements for payment and crediting of such 35,252
collections and other available receipts, in accordance with the 35,253
bond proceedings applicable to obligations issued pursuant to 35,254
section 154.20 of the Revised Code, such collections and other 35,255
available receipts designated by the director of the department 35,256
of mental health and the director of the department of mental 35,257
retardation and developmental disabilities for deposit in the 35,258
special accounts, together with insurance contract payments 35,259
provided for in division (B)(8) of section 5121.04 of the Revised 35,260
Code, shall be remitted to the treasurer of state for deposit in 35,261
the state treasury to the credit of the mental health operating 35,262
fund and the mental retardation operating fund, which are hereby 35,263
created, to be used for the general purposes of the department of 35,264
mental health and the department of mental retardation and 35,265
developmental disabilities. The department of mental health 35,266
shall make refunds of overpayment of support charges from the 35,267
mental health operating fund, and the department of mental 35,268
retardation and developmental disabilities shall make refunds of 35,269
overpayment of support charges from the mental retardation 35,270
operating fund. 35,271
Sec. 5121.04. (A) The department of mental health and the 35,281
805
department of mental retardation and developmental disabilities 35,282
shall investigate the financial condition of the patients in 35,283
hospitals and residents in institutions, and those RESIDENTS 35,284
whose care or treatment is being paid for in a private facility 35,285
or home under the department's control OF THE DEPARTMENT OF 35,286
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, and of the 35,287
relatives named in section 5121.06 of the Revised Code as liable 35,288
for the support of such patients or residents, in order to 35,289
determine the ability of any patient, resident, or such relatives 35,290
to pay for the support of the patient or resident and to provide 35,291
suitable clothing as required by the superintendent of the 35,292
institution.
THE DEPARTMENT OF MENTAL HEALTH SHALL INVESTIGATE THE 35,294
FINANCIAL CONDITION OF PATIENTS RECEIVING STATE-OPERATED 35,295
COMMUNITY MENTAL HEALTH SERVICES AND OF THE LIABLE RELATIVES TO 35,296
DETERMINE THE PATIENT'S OR RELATIVE'S ABILITY TO PAY FOR THE 35,297
PATIENT'S SUPPORT. In all cases, in determining ability to pay 35,299
and the amount to be charged, due regard shall be had for others 35,300
who may be dependent for support upon such relatives or the 35,301
estate of the patient.
(B) The department shall follow the provisions of this 35,303
division in determining the ability to pay of a patient or 35,304
resident or the patient's or resident's liable relatives and the 35,306
amount to be charged such patient or resident or liable 35,307
relatives.
(1) Subject to divisions (B)(10) and (11) of this section, 35,310
a patient or resident without dependents shall be liable for the 35,311
full per capita APPLICABLE cost. A patient or resident without 35,312
dependents who has a gross annual income equal to or exceeding 35,314
the sum of the full per capita APPLICABLE cost as determined 35,315
under section 5121.03 of the Revised Code, plus fifty dollars per 35,317
month, regardless of the source of such income, shall pay 35,318
currently the full amount of the per capita APPLICABLE cost; if 35,319
the patient's or resident's gross annual income is less than such 35,320
806
sum, not more than fifty dollars per month shall be kept for 35,321
personal use by or on behalf of the patient or resident, except 35,322
as permitted in the state plan for providing medical assistance 35,323
under Title XIX of the "Social Security Act," 49 Stat. 620 35,324
(1935), 42 U.S.C. 301, as amended, and the balance shall be paid 35,325
currently on the patient's or resident's support. Subject to 35,327
divisions (B)(10) and (11) of this section, the estate of a 35,328
patient or resident without dependents shall pay currently any 35,329
remaining difference between the per capita APPLICABLE cost and 35,330
the amounts prescribed in this section, or shall execute an 35,332
agreement with the department for payment to be made at some 35,333
future date under terms suitable to the department. However, no 35,334
security interest, mortgage, or lien shall be taken, granted, or 35,335
charged against any principal residence of a patient or resident 35,336
without dependents under an agreement or otherwise to secure 35,337
support payments, and no foreclosure actions shall be taken on 35,338
security interests, mortgages, or liens taken, granted, or 35,339
charged against principal residences of patients or residents
prior to October 7, 1977. 35,340
(2) The ability to pay of a patient or resident with 35,342
dependents, or of a liable relative of a patient or resident 35,343
either with or without dependents, shall be determined in 35,344
accordance with the patient's, resident's, or liable relative's 35,346
income or other assets, the needs of others who are dependent on 35,347
such income and other assets for support, and, if applicable, 35,348
divisions (B)(10) and (11) of this section. 35,349
For the first thirty days of care and treatment of each 35,351
admission AND FOR THE FIRST THIRTY DAYS OF CARE AND TREATMENT 35,352
FROM STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, but in no 35,353
event for more than thirty days in any calendar year, the 35,355
mentally ill patient or mentally retarded resident with 35,356
dependents or the liable relative of a mentally ill patient or a 35,357
mentally retarded resident either with or without dependents 35,358
shall be charged an amount equal to the percentage of the average 35,359
807
per capita APPLICABLE cost determined in accordance with the 35,360
schedule of adjusted gross annual income contained after this 35,361
paragraph. After such first thirty days of care and treatment, 35,362
such mentally ill patient or mentally retarded resident or such 35,363
liable relative shall be charged an amount equal to the 35,364
percentage of a base support rate of four dollars per day for 35,365
mentally ill patients and mentally retarded residents, as 35,366
determined in accordance with the schedule of gross annual income 35,367
contained after this paragraph, or in accordance with division 35,368
(B)(5) of this section. Beginning January 1, 1978, the 35,369
department shall increase the base rate when the consumer price 35,370
index average is more than 4.0 for the preceding calendar year by 35,371
not more than the average for such calendar year. 35,372
Adjusted Gross 35,374
Annual Income of
Patient or
Resident or
Liable Relative
(FN a) Number of Dependents (FN b) 35,375
1 2 3 4 5 6 7 8 or 35,384
more
Rate of Support (In Percentages) 35,385
$15,000 or less -- -- -- -- -- -- -- -- 35,387
15,001 to 17,500 20 -- -- -- -- -- -- -- 35,389
17,501 to 20,000 25 20 -- -- -- -- -- -- 35,391
20,001 to 21,000 30 25 20 -- -- -- -- -- 35,393
21,001 to 22,000 35 30 25 20 -- -- -- -- 35,395
22,001 to 23,000 40 35 30 25 20 -- -- -- 35,397
23,001 to 24,000 45 40 35 30 25 20 -- -- 35,399
24,001 to 25,000 50 45 40 35 30 25 20 -- 35,401
25,001 to 26,000 55 50 45 40 35 30 25 20 35,403
26,001 to 27,000 60 55 50 45 40 35 30 25 35,405
27,001 to 28,000 70 60 55 50 45 40 35 30 35,407
28,001 to 30,000 80 70 60 55 50 45 40 35 35,409
808
30,001 to 40,000 90 80 70 60 55 50 45 40 35,411
40,001 and over 100 90 80 70 60 55 50 45 35,413
Footnote a. The patient or resident or relative shall 35,416
furnish a copy of the patient's, resident's, or relative's 35,417
federal income tax return as evidence of gross annual income. 35,420
Footnote b. The number of dependents includes the liable 35,422
relative but excludes the patient or resident in the hospital or 35,423
institution. "Dependent" includes any person who receives more 35,424
than half the person's support from the patient or the patient's 35,426
liable relative.
(3) A patient or resident or liable relative having 35,428
medical, funeral, or related expenses in excess of four per cent 35,429
of the adjusted gross annual income, which expenses were not 35,430
covered by insurance, may adjust such gross annual income by 35,431
reducing the adjusted gross annual income by the full amount of 35,432
such expenses. Proof of such expenses satisfactory to the 35,433
department must be furnished. 35,434
(4) Additional dependencies may be claimed if: 35,436
(a) The liable relative is blind; 35,438
(b) The liable relative is over sixty-five; 35,440
(c) A child is a college student with expenses in excess 35,442
of fifty dollars per month; 35,443
(d) The services of a housekeeper, costing in excess of 35,445
fifty dollars per month, are required if the person who normally 35,446
keeps house for minor children is the patient or resident. 35,447
(5) If with respect to any patient or resident with 35,449
dependents there is chargeable under division (B)(2) of this 35,450
section less than fifty per cent of the per capita APPLICABLE 35,451
cost or, if the base support rate was used, less than fifty per 35,452
cent of the amount determined by use of the base support rate, 35,453
and if with respect to such patient or resident there is a liable 35,454
relative who has an estate having a value in excess of fifteen 35,455
thousand dollars or if such patient or resident has a dependent 35,456
and an estate having a value in excess of fifteen thousand 35,457
809
dollars, there shall be paid with respect to such patient or 35,458
resident a total of fifty per cent of the per capita APPLICABLE 35,459
cost or the base support rate amount, as the case may be, on a 35,460
current basis or there shall be executed with respect to such 35,461
patient or resident an agreement with the department for payment 35,462
to be made at some future date under terms suitable to the 35,463
department.
(6) When a person has been a patient or resident for 35,465
fifteen years and the support charges for which a relative is 35,466
liable have been paid for the fifteen-year period, the liable 35,467
relative shall be relieved of any further support charges. 35,468
(7) The department shall accept voluntary payments from 35,470
patients or residents or liable relatives whose incomes are below 35,471
the minimum shown in the schedule set forth in this division. 35,472
The department also shall accept voluntary payments in excess of 35,473
required amounts from both liable and nonliable relatives. 35,474
(8) If a patient or resident is covered by an insurance 35,476
policy, or other contract that provides for payment of expenses 35,477
for care and treatment for mental illness or mental retardation 35,478
at OR FROM an institution or, facility, (including a hospital or 35,480
community service unit under the jurisdiction of the department), 35,481
OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICE, the other 35,482
provisions of this section, except divisions (B)(8), (10), and 35,484
(11) of this section, and of section 5121.03 of the Revised Code 35,485
shall be suspended to the extent that such insurance policy or 35,486
other contract is in force, and such patient or resident shall be 35,487
charged the full amount of the per capita APPLICABLE cost for 35,488
care and treatment at the institution or facility at which the 35,490
patient or resident receives such care and treatment. Any 35,491
insurance carrier or other third party payor providing coverage 35,492
for such care and treatment shall pay for this support obligation 35,493
in an amount equal to the lesser of either the per capita charges 35,494
for services at the institution or facility APPLICABLE COST or 35,495
the benefits provided under the policy or other contract. 35,496
810
Whether or not an insured, owner of, or other person having an 35,497
interest in such policy or other contract is liable for support 35,498
payments under other provisions of this chapter, the insured, 35,499
policy owner, or other person shall assign payment directly to 35,500
the department of all assignable benefits under the policy or 35,501
other contract and shall pay over to the department, within ten 35,502
days of receipt, all insurance or other benefits received as 35,503
reimbursement or payment for expenses incurred by the patient or 35,505
resident or for any other reason. If the insured, policy owner, 35,506
or other person refuses to assign such payment to the department 35,508
or refuses to pay such received reimbursements or payments over 35,509
to the department within ten days of receipt, the insured's, 35,510
policy owners', or other person's total liability for the 35,511
services equals the applicable statutory liability for payment 35,513
for the services as determined under other provisions of this 35,514
chapter, plus the amounts payable under the terms of the policy 35,515
or other contract. In no event shall this total liability exceed 35,516
the full amount of the per capita APPLICABLE cost for services at 35,517
the institution or facility at which the patient or resident
received the care and treatment. Upon its request, the 35,519
department is entitled to a court order that compels the insured, 35,520
owner of, or other person having an interest in the policy or 35,521
other contract to comply with the assignment requirements of this 35,522
division or that itself serves as a legally sufficient assignment 35,523
in compliance with such requirements. Notwithstanding section 35,524
5122.31 of the Revised Code and any other law relating to 35,525
confidentiality of records, the managing officer of the 35,526
institution or facility where a person is or has been a patient 35,527
or resident, OR THE MANAGING OFFICER OF THE STATE-OPERATED 35,528
COMMUNITY MENTAL HEALTH SERVICES FROM WHICH THE PATIENT RECEIVES 35,529
SERVICES, shall disclose pertinent medical information concerning 35,531
the patient or resident to the insurance carrier or other third 35,532
party payor in question, in order to effect collection from the 35,533
carrier or payor of the state's claim for care and treatment 35,534
811
under this division. For such disclosure, the managing officer 35,535
is not subject to any civil or criminal liability. 35,536
(9) The rate to be charged for pre-admission care, 35,538
after-care, day-care, or routine consultation and treatment 35,539
services shall be based upon the ability of the patient or 35,540
resident or the patient's or resident's liable relatives to pay. 35,542
When it is determined by the department that a charge shall be 35,543
made, such charge shall be computed as provided in divisions 35,544
(B)(1) and (2) of this section. 35,545
(10) If a patient or resident with or without dependents 35,547
is the beneficiary of a trust created pursuant to section 1339.51 35,548
of the Revised Code, then, notwithstanding any contrary provision 35,549
of this chapter or of a rule adopted pursuant to this chapter, 35,550
divisions (C) and (D) of that section shall apply in determining 35,551
the assets or resources of the patient or resident, the patient's 35,553
or resident's estate, or the testator's estate and to claims 35,554
arising under this chapter against the patient or resident, the 35,555
patient's or resident's estate, or the testator's estate. 35,557
(11) If the department of mental retardation and 35,559
developmental disabilities waives the liability of an individual 35,560
and the individual's liable relatives pursuant to section 35,561
5123.194 of the Revised Code, the liability of the individual and 35,563
relative ceases in accordance with the waiver's terms.
(C) The department may enter into agreements with a 35,565
patient or resident or a liable relative for support payments to 35,566
be made in the future. However, no security interest, mortgage, 35,567
or lien shall be taken, granted, or charged against any principal 35,568
family residence of a patient or resident with dependents or a 35,569
liable relative under an agreement or otherwise to secure support 35,570
payments, and no foreclosure actions shall be taken on security 35,571
interests, mortgages or liens taken, granted, or charged against 35,572
principal residences of patients or residents or liable relatives 35,573
prior to October 7, 1977. 35,574
(D) The department shall make all investigations and 35,576
812
determinations required by this section within ninety days after 35,577
a patient or resident is admitted to an institution under the 35,578
department's control OR A PATIENT BEGINS TO RECEIVE 35,579
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, and immediately 35,580
shall notify by mail the persons liable of the amount to be 35,581
charged.
(E) All actions to enforce the collection of payments 35,583
agreed upon or charged by the department shall be commenced 35,584
within six years after the date of default of an agreement to pay 35,585
support charges or the date such payment becomes delinquent. If 35,586
a payment is made pursuant to an agreement which is in default, a 35,587
new six-year period for actions to enforce the collection of 35,588
payments under such agreement shall be computed from the date of 35,589
such payment. For purposes of this division an agreement is in 35,590
default or a payment is delinquent if a payment is not made 35,591
within thirty days after it is incurred or a payment, pursuant to 35,592
an agreement, is not made within thirty days after the date 35,593
specified for such payment. In all actions to enforce the 35,594
collection of payment for the liability for support, every court 35,595
of record shall receive into evidence the proof of claim made by 35,596
the state together with all debts and credits, and it shall be 35,597
prima-facie evidence of the facts contained in it. 35,598
Sec. 5121.06. (A) The following persons other than the 35,608
patient or resident or his THE PATIENT'S OR RESIDENT'S estate are 35,610
liable relatives and all the following persons are jointly and 35,611
severally liable for the support of a patient or resident in a 35,612
hospital or institution under the control of the department of 35,613
mental health or the department of mental retardation and 35,614
developmental disabilities OR FOR THE SUPPORT OF A PATIENT 35,615
RECEIVING STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES: 35,616
(1) The patient or resident or his THE PATIENT'S OR 35,618
RESIDENT'S estate; 35,619
(2) The patient's or resident's husband or wife SPOUSE; 35,621
(3) The father or mother, or both, of a minor patient or 35,623
813
resident under the age of eighteen years. 35,624
(B) The department shall determine, pursuant to section 35,626
5121.04 of the Revised Code, the amount to be charged each such 35,627
liable person in the order named in this section, but shall not 35,628
collect from any person more than one hundred per cent of the 35,629
appropriate average per capita per visit, or other cost 35,630
applicable to such patient or resident COST. 35,631
(C) An action to collect delinquent payments or to enforce 35,633
agreements in default may be brought against any or all persons 35,634
named in this section. To the extent parents of adult patients 35,635
or residents, pursuant to the language of this section previously 35,636
in force, incurred charges for the support of such patients or 35,637
residents between the eighteenth birthday of such patient or 35,638
resident and July 1, 1975, their liability for such period may be 35,639
cancelled, compromised, or settled as provided in section 5121.07 35,640
of the Revised Code. 35,641
(D) Irrespective of the number of patients or residents 35,643
whose care might be chargeable against a liable relative, no 35,644
individual liable relative nor any group of liable relatives who 35,645
are members of the same family unit shall be charged with the 35,646
support of more than one patient or resident during the same 35,647
period of time, and different periods of time for which such 35,648
liable relative has paid the charges for such different patients' 35,649
or residents' care and support shall be added together for the 35,650
purpose of completing the maximum fifteen-year period of 35,651
liability of such liable relative under division (B)(6) of 35,652
section 5121.04 of the Revised Code. 35,653
Sec. 5121.07. Any person who has been charged with the 35,663
payment of the support of a patient or resident of any benevolent 35,664
institution or; for pre-admission care, after-care, day-care, or 35,666
routine consultation and treatment services in a community 35,667
service unit under the control of the department of mental health
or the department of mental retardation and developmental 35,668
disabilities; OR FOR THE COST OF STATE-OPERATED COMMUNITY MENTAL 35,669
814
HEALTH SERVICES may petition the department for a release from, 35,670
or modification of, such charge, and the department, after an 35,671
investigation, may cancel or modify such former charge, or may 35,672
cancel, compromise, or settle any accrued liability in an amount 35,673
not exceeding five thousand dollars. Amounts in excess thereof
may be canceled, compromised, or settled as provided in section 35,674
131.02 of the Revised Code. The department may for due cause 35,675
increase the amount previously ordered paid. 35,676
Sec. 5121.08. The managing officers of the benevolent 35,686
institutions under the control of the department of mental health 35,687
and the department of mental retardation and developmental 35,688
disabilities, THE MANAGING OFFICERS OF STATE-OPERATED COMMUNITY 35,689
MENTAL HEALTH SERVICES, and the committing court, if requested, 35,691
shall submit to the department such information as they may
obtain concerning the financial condition of any patient or 35,692
resident or of relatives liable for the patient's or resident's 35,693
support.
Sec. 5121.09. In case the estate of any patient or 35,703
resident in a benevolent institution under the jurisdiction of 35,705
the department of mental health or the department of mental 35,706
retardation and developmental disabilities OR RECEIVING 35,707
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES is sufficient for 35,708
his THE PATIENT'S OR RESIDENT'S support, without hardship to any 35,709
others who may be dependent thereon, and no guardian has been 35,710
appointed for such estate, the agent of the department shall 35,712
petition the probate court of the proper county to appoint a
guardian.
Sec. 5121.10. Upon the death of a person who is a patient 35,722
or resident, or has been a patient or resident, of any benevolent 35,723
institution under the jurisdiction of the department of mental 35,724
health or the department of mental retardation and developmental 35,725
disabilities OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, 35,726
or upon the death of a person responsible under section 5121.06 35,728
of the Revised Code for the support of a patient or resident, the 35,729
815
department may waive the presentation of any claim for support 35,730
against the estate of such decedent, when in its judgment an 35,731
otherwise dependent person will be directly benefited by the 35,732
estate. Claims against an estate for support of a patient or 35,733
resident are subject to section 1339.51 and Chapter 2117. of the 35,734
Revised Code, and shall be treated, and may be barred, the same 35,735
as the claims of other creditors of the estate, pursuant to that 35,736
section or chapter.
The department may accept from a guardian or trustee of a 35,738
patient or resident a contract agreeing to pay to the state from 35,739
the property of his THE GUARDIAN'S OR TRUSTEE'S ward before or at 35,741
the death of the ward a fixed annual amount for the support of 35,742
the ward while he THE WARD is a patient or resident, with 35,744
interest at four per cent per annum. A copy of the contract 35,745
shall be filed in the probate court of the proper county and duly 35,746
entered as a part of the records concerning the ward. 35,747
Sec. 5123.60. (A) A legal rights service is hereby 35,756
created and established to protect and advocate the rights of 35,757
mentally ill persons, mentally retarded persons, developmentally 35,758
disabled persons, and other disabled persons who may be 35,759
represented by the service pursuant to division (L) of this 35,760
section; to receive and act upon complaints concerning 35,761
institutional and hospital practices and conditions of 35,762
institutions for mentally retarded or developmentally disabled 35,763
persons and hospitals for the mentally ill; and to assure that 35,764
all persons detained, hospitalized, discharged, or 35,765
institutionalized, and all persons whose detention, 35,766
hospitalization, discharge, or institutionalization is sought or 35,767
has been sought under this chapter or Chapter 5122. of the 35,768
Revised Code are fully informed of their rights and adequately 35,769
represented by counsel in proceedings under this chapter or 35,770
Chapter 5122. of the Revised Code and in any proceedings to 35,771
secure the rights of such persons. Notwithstanding the 35,772
definitions of "mentally retarded person" and "developmentally 35,773
816
disabled person" in section 5123.01 of the Revised Code, the 35,774
legal rights service shall determine who is a mentally retarded 35,775
or developmentally disabled person for purposes of this section 35,776
and sections 5123.601 to 5123.604 of the Revised Code. 35,777
(B) In regard to those persons detained, hospitalized, or 35,779
institutionalized under Chapter 5122. of the Revised Code, the 35,780
legal rights service shall undertake formal representation only 35,781
of those persons who are involuntarily detained, hospitalized, or 35,782
institutionalized pursuant to sections 5122.10 to 5122.15 of the 35,783
Revised Code, and those voluntarily detained, hospitalized, or 35,784
institutionalized who are minors, who have been adjudicated 35,785
incompetent, who have been detained, hospitalized, or 35,786
institutionalized in a public hospital, or who have requested 35,787
representation by the legal rights service. If a person referred 35,788
to in division (A) of this section voluntarily requests in 35,789
writing that the legal rights service terminate participation in 35,790
his THE PERSON'S case, such involvement shall cease. 35,791
(C) Any person voluntarily hospitalized or 35,793
institutionalized in a public hospital under division (A) of 35,794
section 5122.02 of the Revised Code, after being fully informed 35,795
of his THE PERSON'S rights pursuant to division (A) of this 35,796
section, may, by written request, waive assistance by the legal 35,798
rights service if the waiver is knowingly and intelligently made, 35,799
without duress or coercion. 35,800
The waiver may be rescinded at any time by the voluntary 35,802
patient or resident, or by his THE VOLUNTARY PATIENT'S OR 35,803
RESIDENT'S legal guardian. 35,804
(D) The legal rights service commission is hereby created 35,806
for the purposes of appointing an administrator of the legal 35,807
rights service, advising the administrator, assisting the 35,808
administrator in developing a budget, and establishing general 35,809
policy guidelines for the legal rights service. The commission 35,810
may receive and act upon appeals of personnel decisions by the 35,811
administrator. 35,812
817
The commission shall consist of seven members. One member, 35,814
who shall serve as chairman CHAIRPERSON, shall be appointed by 35,815
the chief justice of the supreme court, three members shall be 35,817
appointed by the speaker of the house of representatives, and 35,818
three members shall be appointed by the president of the senate. 35,819
At least two members shall have experience in the field of 35,820
developmental disabilities and at least two members shall have 35,821
experience in the field of mental health. No member shall be a 35,822
provider or related to a provider of services to mentally 35,823
retarded, developmentally disabled, or mentally ill persons. 35,824
Terms of office shall be for three years, each term ending on the 35,825
same day of the month of the year as did the term which it 35,826
succeeds. Each member shall serve subsequent to the expiration 35,827
of his THE MEMBER'S term until his A successor is appointed and 35,829
qualifies, or until sixty days has elapsed, whichever occurs 35,830
first. All vacancies shall be filled in the manner prescribed 35,831
for the regular appointments to the commission and shall be 35,832
limited to the unexpired terms. No member shall serve more than 35,833
two consecutive terms. 35,834
The commission shall meet at least four times each year. 35,836
Members shall be reimbursed for their necessary and actual 35,837
expenses incurred in the performance of their official duties. 35,838
The administrator of the legal rights service shall be 35,840
appointed for a five-year term, subject to removal for mental or 35,841
physical incapacity to perform the duties of the office, 35,842
conviction of violation of any law relating to his THE 35,843
ADMINISTRATOR'S powers and duties, or other good cause shown. 35,845
The administrator shall be a person who has had special 35,847
training and experience in the type of work with which the legal 35,848
rights service is charged. If the administrator is not an 35,849
attorney, he THE ADMINISTRATOR shall seek legal counsel when 35,850
appropriate. The salary of the administrator shall be 35,852
established in accordance with section 124.14 of the Revised 35,853
Code.
818
(E) The legal rights service shall be completely 35,855
independent of the department of mental health and the department 35,856
of mental retardation and developmental disabilities and, 35,857
notwithstanding section 109.02 of the Revised Code, shall also be 35,858
independent of the office of the attorney general. The 35,859
administrator of the legal rights service, staff, and attorneys 35,860
designated by him THE ADMINISTRATOR to represent persons 35,861
detained, hospitalized, or institutionalized under this chapter 35,864
or Chapter 5122. of the Revised Code shall have ready access: 35,865
(1) During normal business hours and at other reasonable 35,867
times, to all records relating to expenditures of state and 35,868
federal funds or to the commitment, care, treatment, and 35,869
habilitation of all persons represented by the legal rights 35,870
service, including those who may be represented pursuant to 35,871
division (L) of this section, or persons detained, hospitalized, 35,872
institutionalized, or receiving services under this chapter or 35,873
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are 35,874
records maintained by the following entities providing services 35,875
for those persons: departments; institutions; hospitals; 35,876
community residential facilities; boards of alcohol, drug 35,877
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of 35,878
those boards; and any other entity providing services to persons 35,879
who may be represented by the service pursuant to division (L) of 35,880
this section;
(2) To any records maintained in computerized data banks 35,882
of the departments or boards or, in the case of persons who may 35,883
be represented by the service pursuant to division (L) of this 35,884
section, any other entity that provides services to those 35,885
persons;
(3) During their normal working hours, to personnel of the 35,887
departments, facilities, boards, agencies, institutions, 35,889
hospitals and other service providing entities;
(4) At any time, to all persons detained, hospitalized, OR 35,891
819
institutionalized; persons receiving services under this chapter 35,892
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 35,893
persons who may be represented by the service pursuant to 35,894
division (L) of this section.
(F) The administrator of the legal rights service shall: 35,896
(1) Administer and organize the work of the legal rights 35,898
service and establish administrative or geographic divisions as 35,899
he THE ADMINISTRATOR considers necessary, proper, and expedient; 35,900
(2) Adopt and promulgate rules and prescribe duties for 35,902
the efficient conduct of the business and general administration 35,903
of the legal rights service; 35,904
(3) Appoint and discharge employees, and hire such 35,906
experts, consultants, advisors, or other professionally qualified 35,907
persons as he THE ADMINISTRATOR considers necessary to carry out 35,908
the duties of the legal rights service; 35,910
(4) Apply for and accept grants of funds, and accept 35,912
charitable gifts and bequests; 35,913
(5) Prepare and submit a budget to the general assembly 35,915
for the operation of the legal rights service; 35,916
(6) Enter into contracts and make such expenditures as are 35,918
necessary for the efficient operation of the legal rights 35,919
service; 35,920
(7) Annually prepare a report of activities and submit 35,922
copies of the report to the governor, the chief justice of the 35,923
supreme court, the president of the senate, the speaker of the 35,924
house of representatives, the director of mental health, and the 35,925
director of mental retardation and developmental disabilities, 35,926
and make the report available to the public. 35,927
(G) The legal rights service may act directly or contract 35,929
with other organizations or individuals for the provision of the 35,930
services envisioned under this section. Whenever possible, the 35,931
administrator shall attempt to facilitate the resolution of 35,932
complaints through administrative channels. The administrator 35,933
may, when IF attempts at administrative resolution prove 35,934
820
unsatisfactory, initiate actions in mandamus and such other THE 35,935
ADMINISTRATOR MAY PURSUE ANY legal, ADMINISTRATIVE, and equitable 35,937
OTHER APPROPRIATE remedies as OR APPROACHES THAT may be necessary 35,938
to accomplish the purposes of this section. Relationships 35,939
between personnel and the agents of the legal rights service and 35,941
its clients shall be fiduciary relationships, and all 35,942
communications shall be confidential, as if between attorney and 35,943
client.
(H) The legal rights service, on the order of the 35,945
administrator, with the approval of the commission, may compel by 35,946
subpoena the appearance and sworn testimony of any person the 35,947
administrator reasonably believes may be able to provide 35,948
information or to produce any documents, books, records, papers, 35,949
or other information necessary to carry out its duties. 35,950
(I) The legal rights service may conduct public hearings. 35,952
(J) The legal rights service may request from any 35,954
governmental agency any cooperation, assistance, services, or 35,955
data that will enable it to perform its duties. 35,956
(K) In any malpractice action filed against the 35,958
administrator of the legal rights service, a member of the staff 35,959
of the legal rights service, or an attorney designated by the 35,960
administrator to perform legal services under division (E) of 35,961
this section, the state shall, when the administrator, member, or 35,962
attorney has acted in good faith and in the scope of his 35,963
employment, indemnify the administrator, member, or attorney for 35,964
any judgment awarded or amount negotiated in settlement, and for 35,965
any court costs or legal fees incurred in defense of the claim. 35,966
This division does not limit or waive, and shall not be 35,968
construed to limit or waive, any defense that is available to the 35,969
legal rights service, its administrator or employees, persons 35,970
under a personal services contract with it, or persons designated 35,971
under division (E) of this section, including, but not limited 35,972
to, any defense available under section 9.86 of the Revised Code. 35,973
(L) In addition to providing services to mentally ill, 35,975
821
mentally retarded, or developmentally disabled persons, when a 35,976
grant authorizing the provision of services to other individuals 35,977
is accepted pursuant to division (F)(4) of this section, the 35,978
legal rights service and its ombudsman OMBUDSPERSON section may 35,979
provide advocacy or ombudsman OMBUDSPERSON services to those 35,981
other individuals and exercise any other authority granted by 35,983
this section or sections 5123.601 to 5123.604 of the Revised Code 35,984
on behalf of those individuals. Determinations of whether an 35,985
individual is eligible for services under this division shall be 35,986
made by the legal rights service. 35,987
Sec. 5126.35. As used in this section and in sections 35,996
5126.351 to 5126.356 5126.357 of the Revised Code: 35,997
(A) "County board client" means a person enrolled in a 36,000
program offered by a county board of mental retardation and 36,001
developmental disabilities or receiving services from a county 36,002
board.
(B) "County board worker" means a person who is employed 36,005
by a county board of mental retardation and developmental 36,006
disabilities or provides services to county board clients either 36,007
as a volunteer or pursuant to a contract with the board, except 36,008
that "county board worker" does not include a health care 36,009
professional acting within the scope of his professional OF 36,010
PRACTICE AUTHORIZED BY THE PROFESSIONAL'S license or certificate. 36,011
(C) "Delegated nursing task" means a task that is within 36,014
the scope of practice of a nurse as determined pursuant to 36,015
Chapter 4723. of the Revised Code and is delegated by a nurse to 36,016
a county board worker pursuant to a policy adopted by a county 36,017
board under section 5126.351 of the Revised Code. 36,018
(D) "Health care professional" means any of the following: 36,021
(1) A dentist who holds a valid license issued under 36,023
Chapter 4715. of the Revised Code; 36,024
(2) A registered or licensed practical nurse who holds a 36,027
valid license issued under Chapter 4723. of the Revised Code; 36,028
(3) An optometrist who holds a valid license issued under 36,031
822
Chapter 4725. of the Revised Code;
(4) A pharmacist who holds a valid license issued under 36,033
Chapter 4729. of the Revised Code; 36,034
(5) A doctor of medicine or osteopathic medicine, 36,036
podiatrist, or a practitioner of a limited branch of medicine who 36,037
holds a valid certificate issued under Chapter 4731. of the 36,039
Revised Code;
(6) A physician's assistant for whom a physician holds a 36,042
valid certificate of registration issued under section 4730.04 of 36,043
the Revised Code;
(7) An occupational therapist or occupational therapy 36,045
assistant or a physical therapist or physical therapy assistant 36,046
who holds a valid license issued under Chapter 4755. of the 36,048
Revised Code;
(8) A respiratory care professional who holds a valid 36,050
license issued under Chapter 4761. of the Revised Code. 36,052
(E) "Nurse" means a registered nurse or licensed practical 36,055
nurse who holds a valid license issued under Chapter 4723. of the 36,056
Revised Code.
(F) "Prescribed medication" means a drug described in 36,059
section 4729.01 of the Revised Code that is to be taken orally or 36,060
applied topically pursuant to the instructions of a health care 36,061
professional who is authorized by law to prescribe drugs. 36,062
Sec. 5126.357. (A) AS USED IN THIS SECTION: 36,064
(1) "CHILD" MEANS AN INDIVIDUAL WHO IS NOT MORE THAN 36,066
TWENTY-ONE YEARS OF AGE. 36,067
(2) "IN-HOME CARE" MEANS THE SUPPORTIVE SERVICES PROVIDED 36,069
WITHIN THE HOME OF AN INDIVIDUAL WHO RECEIVES FUNDING FOR THE 36,070
CARE AS A COUNTY BOARD CLIENT, INCLUDING ANY CLIENT WHO RECEIVES 36,071
THE SERVICES THROUGH THE SUPPORTED LIVING PROGRAM, RESPITE CARE 36,072
PROGRAM, OR THE HOME AND COMMUNITY-BASED SERVICES PROGRAM FUNDED 36,073
THROUGH WAIVERS OF FEDERAL REQUIREMENTS APPLICABLE TO THE MEDICAL 36,074
ASSISTANCE PROGRAM. "IN-HOME CARE" INCLUDES CARE THAT IS 36,075
PROVIDED OUTSIDE A CLIENT'S HOME IN PLACES INCIDENTAL TO THE HOME 36,076
823
AND TRAVELS THAT ARE INCIDENTAL TO THE HOME, BUT DOES NOT INCLUDE 36,077
CARE PROVIDED IN THE FACILITIES OF A COUNTY BOARD OF MENTAL 36,078
RETARDATION AND DEVELOPMENTAL DISABILITIES OR CARE PROVIDED IN 36,079
SCHOOLS.
(3) "UNLICENSED WORKER" MEANS AN INDIVIDUAL, OTHER THAN A 36,081
COUNTY BOARD WORKER OR HEALTH CARE PROFESSIONAL, WHO PROVIDES 36,082
IN-HOME CARE. 36,083
(B) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 36,085
THE PARENT OR GUARDIAN OF A CHILD WITH MENTAL RETARDATION OR A 36,086
DEVELOPMENTAL DISABILITY WHO IS RECEIVING IN-HOME CARE MAY
AUTHORIZE AN UNLICENSED WORKER TO GIVE OR APPLY PRESCRIBED 36,087
MEDICATION OR PERFORM OTHER HEALTH CARE TASKS AS PART OF THE 36,088
CHILD'S IN-HOME CARE, IF THE PARENT OR GUARDIAN IS THE PRIMARY 36,089
SUPERVISOR OF THE CARE AND THE UNLICENSED WORKER HAS BEEN
SELECTED BY THE PARENT OR GUARDIAN. SECTIONS 4723.62 AND 36,090
5126.351 TO 5126.356 OF THE REVISED CODE DO NOT APPLY TO THE 36,091
IN-HOME CARE AUTHORIZED BY A PARENT OR GUARDIAN UNDER THIS 36,092
SECTION. INSTEAD, A PARENT OR GUARDIAN SHALL OBTAIN A 36,093
PRESCRIPTION, IF APPLICABLE, AND WRITTEN INSTRUCTIONS FROM A 36,094
HEALTH CARE PROFESSIONAL FOR THE CARE TO BE PROVIDED TO THE 36,095
CHILD. THE PARENT OR GUARDIAN SHALL AUTHORIZE THE UNLICENSED 36,096
WORKER TO PROVIDE THE CARE BY PREPARING A WRITTEN DOCUMENT 36,097
GRANTING THE AUTHORIZATION. THE PARENT OR GUARDIAN SHALL PROVIDE 36,098
THE UNLICENSED WORKER WITH APPROPRIATE TRAINING AND WRITTEN 36,099
INSTRUCTIONS IN ACCORDANCE WITH THE INSTRUCTIONS OBTAINED FROM 36,100
THE HEALTH CARE PROFESSIONAL.
(C) A PARENT OR GUARDIAN WHO AUTHORIZES AN UNLICENSED 36,102
WORKER TO GIVE OR APPLY PRESCRIBED MEDICATION OR PERFORM OTHER 36,103
HEALTH CARE TASKS RETAINS FULL RESPONSIBILITY FOR THE HEALTH AND 36,104
SAFETY OF THE CHILD RECEIVING THE CARE AND FOR ENSURING THAT THE 36,105
CARE IS PROVIDED APPROPRIATELY AND SAFELY BY THE UNLICENSED 36,106
WORKER. NO ENTITY THAT PROVIDES FUNDING OR MONITORING OF THE 36,107
IN-HOME CARE PROVIDED TO THE CHILD MAY BE HELD LIABLE FOR THE 36,108
RESULTS OF THE CARE PROVIDED UNDER THIS SECTION BY AN UNLICENSED 36,109
824
WORKER, INCLUDING SUCH ENTITIES AS THE COUNTY BOARD OF MENTAL 36,110
RETARDATION AND DEVELOPMENTAL DISABILITIES AND THE DEPARTMENT OF 36,111
HUMAN SERVICES.
AN UNLICENSED WORKER WHO IS AUTHORIZED UNDER THIS SECTION 36,113
BY A PARENT OR GUARDIAN TO PROVIDE CARE TO A CHILD IS NOT LIABLE 36,114
FOR ANY INJURY CAUSED IN PROVIDING THE CARE, UNLESS THE WORKER 36,115
PROVIDED THE CARE IN A MANNER THAT IS NOT IN ACCORDANCE WITH THE 36,116
TRAINING AND INSTRUCTIONS RECEIVED OR THE WORKER ACTED IN A 36,117
MANNER THAT CONSTITUTES WANTON OR RECKLESS MISCONDUCT. 36,118
(D) A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL 36,120
DISABILITIES MAY EVALUATE THE AUTHORITY GRANTED BY A PARENT OR 36,121
GUARDIAN UNDER THIS SECTION TO AN UNLICENSED WORKER. IF THE 36,122
BOARD DETERMINES THAT THE PARENT OR GUARDIAN HAS ACTED IN A 36,123
MANNER THAT IS INAPPROPRIATE FOR THE CHILD'S HEALTH AND SAFETY, 36,124
THE AUTHORIZATION GRANTED BY THE PARENT OR GUARDIAN TO AN 36,125
UNLICENSED WORKER IS VOID AND THE PARENT OR GUARDIAN MAY NOT 36,126
AUTHORIZE OTHER UNLICENSED WORKERS TO PROVIDE THE CARE. IN 36,127
MAKING SUCH A DETERMINATION, THE BOARD SHALL USE APPROPRIATELY 36,128
LICENSED HEALTH CARE PROFESSIONALS AND SHALL PROVIDE THE PARENT 36,129
OR GUARDIAN AN OPPORTUNITY TO FILE A COMPLAINT UNDER SECTION 36,130
5126.06 OF THE REVISED CODE.
Sec. 5139.27. The department of youth services shall adopt 36,139
rules prescribing the minimum standards of construction for a 36,140
school, forestry camp, or other facility established under 36,141
section 2151.65 of the Revised Code for which financial 36,142
assistance may be granted to assist in defraying the cost of the 36,143
construction of such THE school, forestry camp, or other 36,144
facility. If an application for such THAT financial assistance 36,146
is filed with the department under section 2151.651 of the 36,148
Revised Code, and the department finds that the application is in 36,149
proper form and the specifications for the construction of such 36,150
THE school, forestry camp, or other facility meet the minimum 36,151
standards set forth in the rules adopted by the department, the 36,152
department may, from moneys available to it for granting 36,153
825
financial assistance for the construction of schools, forestry 36,154
camps, or other facilities established under section 2151.65 of 36,155
the Revised Code, grant financial assistance to the county making 36,156
such THE application, subject to the approval of the controlling 36,157
board, in an amount not to exceed one-half of the county's share 36,158
of the cost of construction of such THE school, forestry camp, or 36,159
other facility but not to exceed six thousand five hundred 36,161
dollars for each bed unit provided for in such THE school, 36,162
forestry camp, or other facility. No financial assistance shall 36,164
be granted for the construction of any school, forestry camp, or 36,165
other facility designed to accommodate more than one hundred 36,166
fifty children at any one time. As used in this section, 36,167
"construction" means the building and the initial equipping of 36,168
new structures and, to the extent provided for in rules adopted 36,169
by the department, the acquisition, remodeling, and initial 36,170
equipping of existing structures, excluding architect's fees and 36,171
the cost of land acquisition.
A county that receives financial assistance under this 36,173
section shall not be obligated to repay such THE assistance to 36,174
the state unless the school, forestry camp, or other facility for 36,176
which such THE assistance is granted is used within the ten-year 36,177
period immediately following its establishment for other than the 36,178
purpose of rehabilitating children between the ages of twelve to 36,179
eighteen years, other than psychotic or mentally retarded 36,180
children, who are designated delinquent, as defined in section 36,181
2151.02 of the Revised Code, or unruly, as defined in section 36,182
2151.022 of the Revised Code, by order of a juvenile court. If 36,183
the department of youth services finds that such THE school, 36,184
forestry camp, or other facility is used for other than such THAT 36,186
purpose within such THAT ten-year period, such THE county shall 36,188
be obligated to repay such THE assistance to the state and, 36,189
through its board of county commissioners, may enter into an 36,190
agreement with the director of budget and management for the 36,191
discharge of such THAT obligation over a period not to exceed ten 36,192
826
years in duration. Whenever a county is obligated to repay such 36,193
THAT assistance to the state and its board of county 36,195
commissioners fails to enter into or fails to comply with an 36,196
agreement for the discharge of such THAT obligation, the tax 36,198
commissioner, pursuant to section 5747.54 of the Revised Code, 36,199
shall withhold from distribution to such THE county from the 36,201
local government fund an amount sufficient to discharge such THE 36,202
county from such THAT obligation to the state. 36,203
Sec. 5139.271. Subject to the approval of the controlling 36,212
board, the department of youth services may grant and pay 36,213
financial assistance to defray the county's share of the cost of 36,214
acquiring or constructing a district detention home, established 36,215
under section 2151.34 of the Revised Code, to any county making 36,216
application under section 2151.3416 of the Revised Code if the 36,217
department finds that the application was made in accordance with 36,218
its rules and the home or the specifications for the home meet 36,219
minimum standards established by the department. No financial 36,220
assistance shall be granted for defraying the cost of architects' 36,221
fees or land. 36,222
The department shall adopt rules prescribing the minimum 36,224
standards of construction and condition of existing structures, 36,225
established under section 2151.34 of the Revised Code, for which 36,226
financial assistance is granted under this section. The 36,227
department may recommend programs of education and training and 36,228
the qualifications desired for personnel of a district detention 36,229
home. 36,230
The amount of financial assistance granted to any county 36,232
shall not exceed one-half of the county's share of the cost of 36,233
acquisition or construction of the home. The total of all state 36,234
assistance for any home shall not exceed six thousand five 36,235
hundred dollars for each bed unit provided for in such THE home. 36,236
No financial assistance shall be granted for the construction of 36,238
a home designed to accommodate more than one hundred fifty 36,239
children at any one time. 36,240
827
A county which receives financial assistance under this 36,242
section shall repay such THE assistance to the state if the home 36,243
for which such THE assistance is granted is used within the 36,245
ten-year period immediately following its establishment for 36,246
purposes other than those contained in section 2151.34 of the 36,247
Revised Code. A board of county commissioners which uses the 36,248
home for any other purpose within such THAT period shall enter 36,249
into an agreement with the director of budget and management for 36,252
the discharge of such THAT obligation over a period not to exceed 36,253
ten years. If a board of county commissioners fails to enter 36,254
into an agreement for the discharge of such THAT obligation, or 36,255
fails to comply with the terms of such an agreement, the director 36,257
shall direct the tax commissioner, pursuant to section 5747.54 of 36,258
the Revised Code, shall TO withhold from the distribution of the 36,259
local government fund an amount sufficient to discharge the 36,260
obligation.
As used in this section: 36,262
(A) "Construction" means the building and initial 36,264
equipping of new structures. 36,265
(B) "Acquisition" means "acquisition" as defined in the 36,267
rules of the department, which may include the purchase, 36,268
remodeling, and initial equipping of existing structures. 36,269
Sec. 5139.28. The department of youth services shall adopt 36,278
and promulgate rules prescribing the standards of operation, 36,279
programs of education, and training and qualifications of 36,280
personnel of a school, forestry camp, or other facility, 36,281
established under section 2151.65 of the Revised Code, for which 36,282
financial assistance may be granted to assist in defraying the 36,283
cost of the operation and maintenance of the school, forestry 36,284
camp, or other facility. If an application is made to the 36,285
department under section 2151.652 of the Revised Code for 36,286
financial assistance and the department finds that the 36,287
application is in proper form and the standards of operation, 36,288
programs of education, and training and qualifications of 36,289
828
personnel of the school, forestry camp, or other facility meet 36,290
the requirements of the rules of the department adopted under 36,291
this section, the department, from moneys made available to it 36,292
for the purpose of granting financial assistance under this 36,293
section, may grant financial assistance for the operation and 36,294
maintenance of the school, forestry camp, or other facility in an 36,295
amount not to exceed one-half of the cost of operating and 36,296
maintaining the school, forestry camp, or other facility. 36,297
The department shall not grant financial assistance for the 36,299
operation or maintenance of a school, forestry camp, or other 36,300
facility established under section 2151.65 of the Revised Code 36,301
unless it is used solely for the purpose of rehabilitating 36,302
children between twelve and eighteen years of age, other than 36,303
psychotic or mentally retarded children, who have been 36,304
adjudicated delinquent children or unruly children by order of a 36,305
juvenile court. The department shall not grant financial 36,306
assistance for the operation or maintenance of a school, forestry 36,307
camp, or other facility established under section 2151.65 of the 36,308
Revised Code that houses more than one hundred fifty children at 36,309
any one time. 36,310
Sec. 5139.281. The department of youth services shall 36,319
adopt rules prescribing the manner of application for financial 36,320
assistance under this section for the operation and maintenance 36,321
of a detention home provided, or district detention home 36,322
established, under section 2151.34 of the Revised Code and 36,323
prescribing minimum standards of operation, including criteria 36,324
for programs of education, training, counseling, recreation, 36,325
health, and safety, and qualifications of personnel with which a 36,326
home shall comply as a condition of eligibility for assistance 36,327
under this section. If the board of county commissioners 36,328
providing a detention home or the board of trustees of a district 36,329
detention home applies to the department for assistance and if 36,330
the department finds that the application is in accordance with 36,331
the rules adopted under this section and that the home meets the 36,332
829
minimum standards adopted under this section, the department may 36,333
grant assistance to the applicant board for the operation and 36,334
maintenance of each home in an amount not to exceed fifty per 36,335
cent of the approved annual operating cost. The board shall make 36,336
a separate application for each year for which assistance is 36,337
requested. The department shall not grant assistance for the 36,338
operation and maintenance of a home that is designed to 36,339
accommodate fewer than ten children or that houses more than one 36,340
hundred fifty children at any one time. 36,341
The department shall adopt any necessary rules for the 36,343
care, treatment, and training in a district detention home of 36,344
children found to be delinquent children and committed to the 36,345
home by the juvenile court under section 2151.355 of the Revised 36,346
Code and may approve for this purpose any home that is found to 36,347
be in compliance with the rules it adopts. 36,348
The department shall provide, at least once every six 36,350
months, in-service training programs for staff members of 36,351
detention homes or district detention homes and shall pay all 36,352
travel and other necessary expenses incurred by participating 36,353
staff members. 36,354
Sec. 5139.43. (A) The department of youth services shall 36,367
operate a felony delinquent care and custody program with the 36,368
remainder of the appropriation described in division (E) of 36,369
section 5139.41 of the Revised Code. The program shall be 36,371
operated in accordance with the formula developed pursuant to 36,372
sections 5139.41 and 5139.42 of the Revised Code, subject to the 36,373
conditions specified in this section, and in conjunction with the 36,374
contingency program described in section 5139.45 of the Revised 36,375
Code.
(B)(1) The department of youth services annually shall 36,377
allocate to each county a portion of the remainder of the 36,378
appropriation described in division (E) of section 5139.41 of the 36,380
Revised Code. The portion to be allocated to each county shall 36,381
be determined by multiplying the county's percentage determined 36,382
830
under division (E) of section 5139.42 of the Revised Code by the 36,383
amount of that remainder. The department shall divide the 36,384
portion to be allocated to each county by twelve or, if in a 36,385
particular fiscal year the felony delinquent care and custody 36,386
program is in effect in a county less than twelve months, by the 36,387
number of months the program is in effect in that county to 36,388
determine the monthly allocation to that county.
(2)(a) Except as provided in division DIVISIONS (B)(2)(b) 36,390
AND (E) of this section, the department shall reduce the monthly 36,392
allocation for each fiscal year to each county as determined 36,393
under division (B)(1) of this section by both of the following: 36,394
(i) Seventy-five per cent of the amount determined by 36,397
multiplying the per diem cost for the care and custody of felony 36,398
delinquents, as determined pursuant to division (D) of section 36,399
5139.42 of the Revised Code, by the number of felony delinquents 36,400
who have been adjudicated delinquent children and, except as 36,401
otherwise provided in divisions (B)(2)(a) and (3) of this 36,403
section, who are in the care and custody of an institution 36,404
pursuant to a commitment, recommitment, or revocation of a 36,406
release by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 36,408
multiplying the per diem cost for the care and custody of felony 36,409
delinquents, as determined pursuant to division (D) of section 36,410
5139.42 of the Revised Code, by the number of felony delinquents 36,411
who have been adjudicated delinquent children and, except as 36,412
otherwise provided in division (B)(3) of this section, who are in 36,414
the care and custody of a community corrections facility pursuant
to a placement by the department with the consent of the juvenile 36,415
court of that county as described in division (E) of section 36,416
5139.36 of the Revised Code. 36,417
Public safety beds shall not be included in the number of 36,420
felony delinquents who have been adjudicated delinquent children 36,421
by a juvenile court in making the seventy-five per cent reduction 36,422
described in division (B)(2)(a)(i) of this section. The 36,425
831
department shall bear the care and custody costs associated with 36,426
public safety beds. 36,427
(b) If a county has exhausted its current and future 36,429
monthly allocations for the current fiscal year as determined 36,430
under division (B)(1) of this section, the department shall bear 36,431
the remainder of the amounts calculated under divisions 36,433
(B)(2)(a)(i) and (ii) of this section for the care and custody of 36,435
felony delinquents who are in the care and custody of an 36,436
institution pursuant to a commitment, recommitment, or revocation 36,438
of a release or in the care and custody of a community 36,439
corrections facility by debiting, in accordance with division 36,441
(C)(2) of section 5139.45 of the Revised Code, the amount of the 36,442
appropriation for care and custody of felony delinquents that was 36,443
set aside for the contingency program pursuant to division (A) of 36,444
section 5139.41 of the Revised Code.
(3)(a) Subject to divisions (B)(2)(b) and (4) and 36,446
(C)(3)(b) and (c) of this section and subject to the special 36,448
provisions of division (B)(3)(b) of this section pertaining to 36,449
monthly allocations under divisions (B)(1) and (2)(a) of this 36,451
section for the month of June, after the application of division 36,452
(B)(2)(a) of this section and on or before the fifteenth day of 36,453
the following month, the department shall disburse to the 36,454
juvenile court of each county the remainder of the monthly 36,455
allocation of that county as determined pursuant to divisions 36,456
(B)(1) and (2)(a) of this section.
(b)(i) For the monthly allocation for the month of June of 36,459
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 36,460
(B)(2)(a)(i) and (ii) of this section rather than use the actual 36,462
number of those felony delinquents, shall use the estimated 36,463
number of those felony delinquents in making the seventy-five per 36,465
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 36,466
allocation of each county for the month of June, as determined 36,467
832
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 36,469
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 36,471
If the total of the seventy-five per cent and fifty per cent 36,472
reductions described in division (B)(2)(a) of this section 36,474
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 36,475
amount of the excess by debiting, in accordance with division 36,476
(C)(2) of section 5139.45 of the Revised Code, the amount of the 36,478
appropriation for care and custody of felony delinquents that was 36,479
set aside for the contingency program pursuant to division (A) of 36,480
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 36,482
department shall reconcile for each county the estimated 36,483
reductions that occurred pursuant to divisions (B)(2)(a) and 36,484
(3)(b)(i) of this section and the reductions that should have 36,486
occurred pursuant to division (B)(2)(a) of this section by using 36,487
the actual number of felony delinquents described in divisions 36,488
(B)(2)(a)(i) and (ii) of this section for the month of June of 36,489
the prior fiscal year. After that reconciliation occurs, subject 36,490
to divisions (B)(2)(b) and (4) and (C)(3)(b) and (c) of this 36,492
section, the department shall disburse to each county the 36,493
remainder of its monthly allocation for the month of June of the 36,494
prior fiscal year as adjusted pursuant to the reconciliation and 36,495
division (B)(3)(b)(ii) of this section. 36,496
In connection with the adjustments in the monthly 36,498
allocations for the month of June of the prior fiscal year, if 36,499
the encumbered monthly allocations of one or more counties for 36,500
that month exceed or are less than the monthly allocations for 36,501
that month to which those counties are entitled under divisions 36,502
(B)(1) and (2)(a) of this section by using the actual number of 36,503
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 36,504
of this section rather than the estimated number of those felony 36,505
delinquents, the department may make the necessary adjustments in 36,506
833
the monthly allocations of those counties for the month of June 36,507
of the prior fiscal year within the total of the moneys for 36,508
monthly allocations for that month that were encumbered for all 36,509
of the counties. If that total amount is insufficient to make 36,510
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 36,512
the department shall cover the insufficiency by debiting, in 36,513
accordance with division (C)(2) of section 5139.45 of the Revised 36,514
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 36,515
pursuant to division (A) of section 5139.41 of the Revised Code. 36,516
(4) Notwithstanding the general disbursement requirements 36,519
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 36,520
court fails to comply with division (C)(3)(d) of this section and 36,521
the department is not able to reconcile fiscal accounting as a 36,522
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 36,523
(b)(ii) of this section to the juvenile court until it complies 36,525
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 36,527
to it by the department of youth services pursuant to division 36,528
(B) of this section in accordance with the applicable provisions 36,529
of division (C)(2) of this section and shall transmit the moneys 36,530
to the county treasurer for deposit in accordance with this 36,531
division. The county treasurer shall create in the county 36,532
treasury a fund that shall be known as the felony delinquent care 36,533
and custody fund and shall deposit in that fund the moneys 36,534
disbursed to the juvenile court pursuant to division (B) of this 36,535
section. The county treasurer also shall deposit into that fund 36,536
the state subsidy funds granted to the county pursuant to section 36,537
5139.34 of the Revised Code. The moneys disbursed to the 36,539
juvenile court pursuant to division (B) of this section and 36,540
deposited pursuant to this division in the felony delinquent care 36,541
and custody fund shall not be commingled with any other county 36,543
834
funds except state subsidy funds granted to the county pursuant 36,544
to section 5139.34 of the Revised Code; shall not be used for any
capital construction projects; upon an order of the juvenile 36,546
court and subject to appropriation by the board of county 36,547
commissioners, shall be disbursed to the juvenile court for use 36,548
in accordance with the applicable provisions of division (C)(2) 36,549
of this section; shall not revert to the county general fund at 36,550
the end of any fiscal year; and shall carry over in the felony 36,551
delinquent care and custody fund from the end of any fiscal year 36,552
to the next fiscal year. The moneys disbursed to the juvenile 36,553
court pursuant to division (B) of this section and deposited 36,554
pursuant to this division in the felony delinquent care and 36,555
custody fund shall be in addition to, and shall not be used to 36,556
reduce, any usual annual increase in county funding that the 36,557
juvenile court is eligible to receive or the current level of 36,558
county funding of the juvenile court and of any programs or 36,559
services for delinquent children, unruly children, or juvenile 36,560
traffic offenders. 36,561
(2)(a) A county and the juvenile court that serves the 36,563
county shall use the moneys in its felony delinquent care and 36,564
custody fund in accordance with rules that the department of 36,565
youth services adopts pursuant to division (E) of section 5139.04 36,566
of the Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy 36,568
funds granted to the county pursuant to section 5139.34 of the 36,569
Revised Code shall be used to aid in the support of prevention, 36,571
early intervention, diversion, treatment, and rehabilitation 36,572
programs that are provided for alleged or adjudicated unruly 36,573
children or delinquent children or for children who are at risk 36,574
of becoming unruly children or delinquent children. The county 36,575
shall not use for capital improvements more than fifteen per cent 36,576
of the moneys in the fund that represent the applicable annual 36,577
grant of those state subsidy funds. 36,579
(ii) The moneys in the fund that were disbursed to the 36,582
835
juvenile court pursuant to division (B) of this section and 36,583
deposited pursuant to division (C)(1) of this section in the fund 36,585
shall be used to provide programs and services for the training, 36,586
treatment, or rehabilitation of felony delinquents that are 36,587
alternatives to their commitment to the department, including, 36,588
but not limited to, community residential programs, day treatment 36,589
centers, services within the home, and electronic monitoring, and 36,590
shall be used in connection with training, treatment, 36,592
rehabilitation, early intervention, or other programs or services
for any delinquent child, unruly child, or juvenile traffic 36,593
offender who is under the jurisdiction of the juvenile court. 36,594
For purposes of division (C)(2)(a)(ii) of this section, a 36,595
delinquent child includes a child who is so adjudicated for the 36,596
commission of an act that if committed by an adult would be a 36,597
misdemeanor or felony. 36,598
If, during the previous state fiscal year, the county did 36,601
not exceed in any month its monthly allocation as determined
pursuant to division (B)(1) of this section in connection with 36,603
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 36,605
of this section, the moneys in the fund that were disbursed to 36,606
the juvenile court pursuant to division (B) of this section and 36,608
deposited pursuant to division (C)(1) of this section in the fund 36,610
also may be used for prevention, early intervention, diversion, 36,611
treatment, and rehabilitation programs that are provided for 36,612
alleged or adjudicated unruly children, delinquent children, or 36,613
juvenile traffic offenders or for children who are at risk of 36,614
becoming unruly children, delinquent children, or juvenile 36,615
traffic offenders. Consistent with division (C)(1) of this 36,617
section, a county and the juvenile court of a county shall not 36,618
use any of those moneys for capital construction projects. 36,620
(iii) The county and the juvenile court that serves the 36,623
county may not use moneys in the fund for the provision of care 36,624
and services for children, including, but not limited to, care 36,625
and services in a detention facility, in another facility, or in 36,626
836
out-of-home placement, unless the minimum standards that apply to 36,627
the care and services and that the department prescribes in rules 36,628
adopted pursuant to division (E) of section 5139.04 of the 36,629
Revised Code have been satisfied. 36,630
(b) Each juvenile court shall comply with division 36,632
(C)(3)(d) of this section as implemented by the department. If a 36,633
juvenile court fails to comply with that division and the 36,634
department is not able to reconcile fiscal accounting as a 36,635
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 36,636
(3) In accordance with rules adopted by the department 36,638
pursuant to division (E) of section 5139.04 of the Revised Code, 36,640
each juvenile court and the county served by that juvenile court 36,641
shall do all of the following that apply: 36,642
(a) The juvenile court shall prepare an annual grant 36,644
agreement and application for funding that satisfies the 36,645
requirements of this section and section 5139.34 of the Revised 36,647
Code and that pertains to the use, upon an order of the juvenile 36,648
court and subject to appropriation by the board of county 36,649
commissioners, of the moneys in its felony delinquent care and 36,650
custody fund for specified programs, care, and services as 36,651
described in division (C)(2)(a) of this section, shall submit 36,652
that agreement and application to the county family and children 36,653
first council, the regional family and children first council, or 36,654
the local intersystem services to children cluster as described 36,655
in sections 121.37 and 121.38 of the Revised Code, whichever is 36,657
applicable, and shall file that agreement and application with 36,658
the department for its approval. The annual grant agreement and 36,660
application for funding shall include a method of ensuring equal
access for minority youth to the programs, care, and services 36,662
specified in it. 36,663
The department may approve an annual grant agreement and 36,666
application for funding only if the juvenile court involved has 36,667
complied with the preparation, submission, and filing
837
requirements described in division (C)(3)(a) of this section. If 36,670
the juvenile court complies with those requirements and the 36,671
department approves that agreement and application, the juvenile 36,672
court and the county served by the juvenile court may expend the 36,673
state subsidy funds granted to the county pursuant to section 36,674
5139.34 of the Revised Code only in accordance with division 36,676
(C)(2)(a) of this section, the rules pertaining to state subsidy 36,678
funds that the department adopts pursuant to division (E) of 36,679
section 5139.04 of the Revised Code, and the approved agreement 36,680
and application.
(b) By the thirty-first day of August of each year, the 36,683
juvenile court shall file with the department a report that 36,684
contains all of the statistical and other information for each 36,685
month of the prior state fiscal year that will permit the 36,686
department to prepare the report described in division (D) of 36,687
this section and the annual report described in division (H) of 36,688
section 5139.04 of the Revised Code. If the juvenile court fails 36,689
to file the report required by division (C)(3)(b) of this section 36,691
by the thirty-first day of August of any year, the department 36,693
shall not disburse any payment of state subsidy funds to which 36,694
the county otherwise is entitled pursuant to section 5139.34 of 36,695
the Revised Code and shall not disburse pursuant to division 36,696
(B)(3)(a) or (b)(ii) of this section the remainder of the 36,697
applicable monthly allocation of the county until the juvenile 36,698
court fully complies with division (C)(3)(b) of this section. 36,701
(c) If the department requires the juvenile court to 36,703
prepare monthly statistical reports for use under section 5139.42 36,704
of the Revised Code and to submit the reports on forms provided 36,705
by the department, the juvenile court shall file those reports 36,706
with the department on the forms so provided. If the juvenile 36,707
court fails to prepare and submit those monthly statistical 36,708
reports within the department's timelines, the department shall 36,709
not disburse any payment of state subsidy funds to which the 36,710
county otherwise is entitled pursuant to section 5139.34 of the 36,711
838
Revised Code and shall not disburse pursuant to division 36,713
(B)(3)(a) or (b)(ii) of this section the remainder of the 36,715
applicable monthly allocation of the county until the juvenile 36,716
court fully complies with division (C)(3)(c) of this section. IF 36,718
THE JUVENILE COURT FAILS TO PREPARE AND SUBMIT THOSE MONTHLY
STATISTICAL REPORTS WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE 36,719
THE DEPARTMENT ESTABLISHES FOR THEIR SUBMISSION, THE DEPARTMENT 36,720
SHALL NOT DISBURSE ANY PAYMENT OF STATE SUBSIDY FUNDS TO WHICH 36,721
THE COUNTY OTHERWISE IS ENTITLED PURSUANT TO SECTION 5139.34 OF 36,722
THE REVISED CODE AND SHALL NOT DISBURSE PURSUANT TO DIVISION 36,724
(B)(3)(a) OR (b)(ii) OF THIS SECTION THE REMAINDER OF THE 36,726
APPLICABLE MONTHLY ALLOCATION OF THE COUNTY, AND THE STATE
SUBSIDY FUNDS AND THE REMAINDER OF THE APPLICABLE MONTHLY 36,729
ALLOCATION SHALL REVERT TO THE DEPARTMENT. IF A JUVENILE COURT 36,730
STATES IN A MONTHLY STATISTICAL REPORT THAT THE JUVENILE COURT 36,731
ADJUDICATED FIVE HUNDRED OR MORE CHILDREN TO BE DELINQUENT 36,732
CHILDREN FOR COMMITTING ACTS THAT WOULD BE FELONIES IF COMMITTED 36,733
BY ADULTS, THE JUVENILE COURT SHALL HAVE AN INDEPENDENT AUDITOR 36,734
CERTIFY THE ACCURACY OF THE DATA ON A DATE DETERMINED BY THE 36,735
DEPARTMENT.
(d) If the department requires the juvenile court and the 36,737
county to participate in a fiscal monitoring program or another 36,739
monitoring program that is conducted by the department to ensure 36,740
compliance by the juvenile court and the county with division (C) 36,741
of this section, the juvenile court and the county shall 36,742
participate in the program and fully comply with any guidelines 36,743
for the performance of audits adopted by the department pursuant 36,744
to that program and all requests made by the department pursuant 36,745
to that program for information necessary to reconcile fiscal 36,746
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program described in 36,748
this division determines that the juvenile court or the county 36,749
used moneys in the county's felony delinquent care and custody 36,750
fund for expenses that are not authorized under division (C) of 36,752
839
this section, within forty-five days after the department 36,753
notifies the county of the unauthorized expenditures, the county 36,754
either shall repay the amount of the unauthorized expenditures to 36,755
the state's general revenue fund or shall file a written appeal 36,757
with the department. If an appeal is timely filed, the director 36,758
of the department shall render a decision on the appeal and shall 36,759
notify the appellant county or its juvenile court of that 36,760
decision within forty-five days after the date that the appeal is 36,761
filed. If the director denies an appeal, the county's fiscal 36,762
agent shall repay the amount of the unauthorized expenditures to 36,763
the state's general revenue fund within thirty days after 36,764
receiving the director's notification of the appeal decision. If 36,765
the county fails to make the repayment within that thirty-day 36,767
period and if the unauthorized expenditures pertain to moneys 36,769
allocated under sections 5139.41 to 5139.45 of the Revised Code, 36,771
the department shall deduct the amount of the unauthorized 36,773
expenditures from the next monthly allocation of those moneys to 36,775
the county in accordance with this section or from the 36,776
allocations that otherwise would be made under those sections to 36,778
the county during the next state fiscal year in accordance with 36,780
this section and shall return that deducted amount to the state's 36,781
general revenue fund. If the county fails to make the repayment 36,782
within that thirty-day period and if the unauthorized 36,783
expenditures pertain to moneys granted pursuant to section 36,784
5139.34 of the Revised Code, the department shall deduct the 36,786
amount of the unauthorized expenditures from the next annual 36,787
grant to the county pursuant to that section and shall return 36,788
than deducted amount to the state's general revenue fund. 36,789
(D) On or prior to the first day of December of each year, 36,792
the department of youth services shall submit to the joint
legislative committee on juvenile corrections overcrowding a 36,793
report that pertains to the operation of sections 5139.34 and 36,794
5139.41 to 5139.45 of the Revised Code during the immediately 36,795
preceding state fiscal year and that includes, but is not limited 36,796
840
to, the following: 36,797
(1) A description of the programs, care, and services that 36,800
were financed under those sections in each county; 36,801
(2) The number of felony delinquents, other delinquent 36,803
children, unruly children, and juvenile traffic offenders served 36,804
by the programs, care, and services in each county; 36,805
(3) The total number of children adjudicated in each 36,808
juvenile court as felony delinquents; 36,809
(4) The total number of felony delinquents who were 36,811
committed by the juvenile court of each county to the department 36,812
and who were in the care and custody of an institution or a 36,813
community corrections facility; 36,814
(5) A breakdown of the felony delinquents described in 36,816
division (D)(4) of this section on the basis of the types and 36,817
degrees of felonies committed, the ages of the felony delinquents 36,818
at the time they committed the felonies, and the sex and race of 36,819
the felony delinquents. 36,820
(E) THE DETERMINATION OF WHICH COUNTY A REDUCTION OF THE 36,822
MONTHLY CARE AND CUSTODY ALLOCATION WILL BE CHARGED AGAINST FOR A 36,823
PARTICULAR YOUTH SHALL BE MADE AS OUTLINED BELOW FOR ALL YOUTHS 36,825
WHO DO NOT QUALIFY AS PUBLIC SAFETY BEDS. THE DETERMINATION OF 36,826
WHICH COUNTY A REDUCTION OF THE MONTHLY CARE AND CUSTODY 36,827
ALLOCATION WILL BE CHARGED AGAINST SHALL BE MADE AS FOLLOWS UNTIL 36,828
EACH YOUTH IS RELEASED:
(1) IN THE EVENT OF A COMMITMENT, THE REDUCTION SHALL BE 36,830
CHARGED AGAINST THE COMMITTING COUNTY. 36,831
(2) IN THE EVENT OF A RECOMMITMENT, THE REDUCTION SHALL BE 36,833
CHARGED AGAINST THE ORIGINAL COMMITTING COUNTY UNTIL THE 36,834
EXPIRATION OF THE MINIMUM PERIOD OF INSTITUTIONALIZATION UNDER 36,835
THE ORIGINAL ORDER OF COMMITMENT OR UNTIL THE DATE ON WHICH THE 36,836
YOUTH IS ADMITTED TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO 36,837
THE ORDER OF RECOMMITMENT, WHICHEVER IS LATER. REDUCTIONS OF THE 36,838
MONTHLY ALLOCATION SHALL BE CHARGED AGAINST THE COUNTY THAT 36,839
RECOMMITTED THE YOUTH AFTER THE MINIMUM EXPIRATION DATE OF THE 36,840
841
ORIGINAL COMMITMENT. 36,841
(3) IN THE EVENT OF A REVOCATION OF A RELEASE ON PAROLE, 36,843
THE REDUCTION SHALL BE CHARGED AGAINST THE ORIGINAL COMMITTING 36,844
COUNTY.
Sec. 5145.19. (A) THERE IS HEREBY ESTABLISHED A PILOT 36,847
PROGRAM, IN THE MANNER SPECIFIED IN DIVISION (B) OF THIS SECTION, 36,849
PURSUANT TO WHICH THE DEPARTMENT OF REHABILITATION AND CORRECTION 36,850
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE NORTHWEST OHIO CLOSE 36,854
SECURITY PRISON.
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 36,857
DEPARTMENT NEED NOT COMPLY WITH SECTIONS 125.01 TO 125.11, 36,858
SECTIONS 4115.31 TO 4115.35, OR SECTION 5119.16 OF THE REVISED 36,860
CODE WHEN IT PURCHASES SUPPLIES AND SERVICES FOR THE NORTHWEST 36,862
OHIO CLOSE SECURITY PRISON. THE DEPARTMENT SHALL COMPLY WITH 36,863
DIVISION (B) OF SECTION 125.11 OF THE REVISED CODE WHEN IT 36,866
PURCHASES SUPPLIES AND SERVICES FOR THE PRISON. THE DEPARTMENT 36,867
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE PRISON THAT ARE 36,868
AVAILABLE AND PRODUCED BY PROGRAMS FOR THE EMPLOYMENT OF 36,869
PRISONERS ESTABLISHED UNDER SECTION 5145.16 OF THE REVISED CODE. 36,871
PRICES PAID FOR SUPPLIES AND SERVICES PURCHASED FOR THE 36,873
NORTHWEST OHIO CLOSE SECURITY PRISON SHALL BE FAIR AND REASONABLE 36,875
AND SHALL NOT BE GREATER THAN THE USUAL PRICES THE DEPARTMENT OF 36,876
REHABILITATION AND CORRECTION MUST PAY TO THE DEPARTMENT OF 36,877
ADMINISTRATIVE SERVICES FOR SUPPLIES AND SERVICES PURCHASED UNDER 36,878
TERM CONTRACTS OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 36,879
PREFERENCE SHALL BE GIVEN IN PURCHASING SUPPLIES AND SERVICES FOR 36,880
THE PRISON, IN ACCORDANCE WITH THE SECOND PARAGRAPH OF SECTION 36,882
5120.24 OF THE REVISED CODE, TO VENDORS IN THE AREA IN WHICH THE 36,885
PRISON IS LOCATED AS LONG AS THE PRICE PAID IS FAIR AND 36,886
REASONABLE AND IS NOT GREATER THAN THE USUAL PRICE.
ONE-HALF OF ANY AMOUNTS SAVED AS A RESULT OF PURCHASES MADE 36,890
UNDER THIS DIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE
GENERAL REVENUE FUND OF THE STATE, AND THE OTHER HALF OF THOSE 36,891
AMOUNTS SAVED SHALL BE USED FOR EDUCATIONAL OR REHABILITATION 36,892
842
PROGRAMS AT THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 36,893
DETERMINED BY THE PRISON'S WARDEN. 36,894
Sec. 5145.20. (A) THE DIRECTOR OF REHABILITATION AND 36,897
CORRECTION SHALL ISSUE, NOT LATER THAN TWO YEARS AFTER THE 36,898
OPENING OF THE NORTHWEST OHIO CLOSE SECURITY PRISON, A 36,899
PRELIMINARY REPORT, AND SHALL ISSUE, NOT LATER THAN FIVE YEARS 36,900
AFTER THE OPENING OF THE PRISON, A FINAL REPORT, THAT EVALUATES 36,901
THE PILOT PROGRAM DESCRIBED IN DIVISION (B) OF SECTION 5145.19 OF 36,903
THE REVISED CODE. THE DIRECTOR SHALL FORWARD A COPY OF THE 36,904
PRELIMINARY AND FINAL REPORTS TO THE GOVERNOR, SPEAKER AND 36,905
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND PRESIDENT 36,906
AND MINORITY LEADER OF THE SENATE.
(B) THE PRELIMINARY AND FINAL REPORTS SHALL DESCRIBE THE 36,908
EFFORTS OF THE DEPARTMENT TO IMPLEMENT THE PILOT PROGRAM; 36,909
EVALUATE THOSE EFFORTS; IDENTIFY ANY BENEFITS RESULTING FROM THE 36,911
PILOT PROGRAM ON PRISON OPERATIONS; IDENTIFY ANY FINANCIAL 36,912
BENEFITS ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM; 36,913
EVALUATE THE IMPACT OF THE PILOT PROGRAM ON THE COMMUNITY NEAR 36,914
THE PRISON; AND RECOMMEND ANY NECESSARY CHANGES IN THE PILOT 36,915
PROGRAM. THE DEPARTMENT SHALL DETERMINE THE FINANCIAL BENEFITS 36,916
ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM, AMONG OTHER 36,917
THINGS, BY CONDUCTING AN AUDIT OF PURCHASES MADE UNDER DIVISION 36,919
(B) OF SECTION 5145.19 OF THE REVISED CODE TO DETERMINE THE 36,920
AMOUNT OF SAVINGS REALIZED THROUGH THOSE PURCHASES. THE 36,921
PRELIMINARY AND FINAL REPORTS ALSO SHALL DETERMINE WHETHER ANY OF 36,922
THOSE FINANCIAL BENEFITS COULD BE DUPLICATED IF THE PILOT PROGRAM 36,923
WERE EXTENDED TO SOME OR ALL OTHER STATE CORRECTIONAL 36,924
INSTITUTIONS.
Sec. 5145.30. (A) As used in this section: 36,934
(1) "Free weight exercise equipment" means any equipment 36,936
or device that is designed to increase the muscle mass and 36,937
physical strength of the person using it. "Free weight exercise 36,938
equipment" includes, but is not limited to, barbells, dumbbells, 36,940
weight plates, and similar free weight-type equipment and other 36,941
843
devices that the department of rehabilitation and correction, in
rules adopted under section 5120.423 of the Revised Code, 36,942
designates as enabling a person to increase muscle mass and 36,943
physical strength.
(2) "Fixed weight exercise equipment" means any equipment, 36,945
machine, or device that is not designed primarily to increase 36,947
muscle mass and physical strength but rather to keep a person in 36,948
relatively good physical condition. "Fixed weight exercise 36,949
equipment" includes, but is not limited to, weight machines that 36,950
utilize weight plates, tension bands, or similar devices that 36,951
provide weight training resistance like universal and nautilus 36,952
equipment. "Fixed weight exercise equipment" includes machines 36,953
that are usually assembled as a unit, are not readily dismantled, 36,955
and have been specifically modified for prison use so as to make 36,956
them secure and immobile.
(B)(1) No officer or employee of a correctional 36,958
institution under the control or supervision of the department of 36,959
rehabilitation and correction shall do any of the following: 36,960
(1)(a) Provide a prisoner access to free weight exercise 36,962
equipment; 36,963
(2)(b) Provide a prisoner access to fixed weight exercise 36,965
equipment unless the prisoner is incarcerated in a minimum or 36,967
medium security facility. Such a prisoner shall be allowed 36,968
access to such equipment for no more than three hours per week. 36,969
The prisoner shall be supervised at all times access is
permitted, and a list documenting names of prisoners and 36,970
supervising personnel, dates, and times of usage shall be 36,971
maintained at each facility.
(3)(c) Allow a prisoner to provide or receive instruction 36,973
in boxing, wrestling, karate, judo, or another form of martial 36,976
arts, or any other program that the department, in rules adopted 36,977
under section 5120.423 of the Revised Code, designates as 36,978
enabling a person to improve fighting skills. 36,979
(C)(2) Nothing in DIVISION (B)(1) OF this section 36,982
844
prohibits an officer or employee of a correctional institution 36,983
under the control or supervision of the department from allowing 36,984
a prisoner to participate in jogging, basketball, stationary
exercise bicycling, supervised calisthenics, or other physical 36,986
activities that are not designed to increase muscle mass and 36,987
physical strength or improve fighting skills. 36,988
(C) ALL OF THE FOLLOWING APPLY REGARDING EACH CORRECTIONAL 36,991
INSTITUTION UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 36,992
REHABILITATION AND CORRECTION THAT HOUSES ANY PRISONERS: 36,993
(1) THE DEPARTMENT SHALL PROVIDE CLOTHING FOR ALL 36,995
PRISONERS WHO ARE HOUSED IN THE INSTITUTION THAT IS CONSPICUOUS 36,996
IN ITS COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY 36,997
IDENTIFIES ITS WEARER AS A PRISONER, AND THAT IS READILY 36,998
DISTINGUISHABLE FROM CLOTHING OF A NATURE THAT NORMALLY IS WORN 36,999
OUTSIDE THE INSTITUTION BY NON-PRISONERS, SHALL REQUIRE ALL 37,000
PRISONERS HOUSED IN THE INSTITUTION TO WEAR THE CLOTHING SO 37,001
PROVIDED, AND SHALL NOT PERMIT ANY PRISONER, WHILE INSIDE OR ON 37,002
THE PREMISES OF THE INSTITUTION, TO WEAR ANY CLOTHING OF A NATURE 37,004
THAT DOES NOT CONSPICUOUSLY IDENTIFY ITS WEARER AS A PRISONER AND 37,005
THAT NORMALLY IS WORN OUTSIDE THE INSTITUTION BY NON-PRISONERS. 37,006
(2) THE SECURITY CLASSIFICATION SCHEDULE THE DEPARTMENT 37,008
USES FOR PRISONERS HOUSED IN THE INSTITUTION SHALL REQUIRE THE 37,009
CONSIDERATION OF ALL INFORMATION RELEVANT TO THE CLASSIFICATION, 37,010
INCLUDING, BUT NOT LIMITED TO, ALL PENDING CRIMINAL CHARGES 37,011
AGAINST THE PRISONER BEING CLASSIFIED, THE OFFENSE FOR WHICH THE 37,012
PRISONER WILL BE CONFINED IN THE INSTITUTION, AND ALL PRIOR 37,013
CONVICTIONS OF OR PLEAS OF GUILTY BY THE PRISONER. 37,014
Sec. 5153.123. NOTWITHSTANDING SECTIONS 102.03, 102.04, 37,016
2921.42, AND 2921.43 OF THE REVISED CODE, AN EMPLOYEE OF ANY 37,017
PUBLIC CHILDREN SERVICES AGENCY OR ANY COUNTY DEPARTMENT OF HUMAN 37,018
SERVICES MAY ENTER INTO A CONTRACT WITH A PRIVATE AGENCY TO 37,020
PROVIDE TRAINING TO EMPLOYEES OF ANY PUBLIC CHILDREN SERVICES 37,021
AGENCY OR ANY COUNTY DEPARTMENT OF HUMAN SERVICES IF ALL OF THE 37,022
FOLLOWING CONDITIONS ARE MET: 37,023
845
(A) THE EMPLOYEE RECEIVES PRIOR WRITTEN PERMISSION FROM 37,025
THE EXECUTIVE DIRECTOR OF THE PUBLIC CHILDREN SERVICES AGENCY OR 37,026
COUNTY DEPARTMENT OF HUMAN SERVICES FOR WHICH THE EMPLOYEE WORKS. 37,027
(B) DURING ANY CONTRACT NEGOTIATIONS AND AT ALL TIMES 37,029
ASSOCIATED WITH THE PERFORMANCE OF DUTIES UNDER THE CONTRACT, THE 37,030
EMPLOYEE IS ON VACATION, PERSONAL, OR UNPAID LEAVE FROM THE 37,031
PUBLIC CHILDREN SERVICES AGENCY OR COUNTY DEPARTMENT OF HUMAN 37,032
SERVICES FOR WHICH THE EMPLOYEE WORKS.
(C) THE DEPARTMENT OF ADMINISTRATIVE SERVICES SELECTS THE 37,034
PRIVATE AGENCY THAT PROVIDES THE TRAINING PURSUANT TO A CONTRACT. 37,035
(D) THE EMPLOYEE IS NOT INVOLVED IN THE DEVELOPMENT OF THE 37,037
REQUEST FOR PROPOSALS TO HIRE A PRIVATE AGENCY FOR THE TRAINING, 37,038
OR IN THE SELECTION OF THE PRIVATE AGENCY THAT RECEIVES THE 37,039
TRAINING CONTRACT.
(E) THE PRIVATE AGENCY USES AN OBJECTIVE TRAINING 37,041
EVALUATION PROCESS APPROVED BY THE STATE DEPARTMENT OF HUMAN 37,042
SERVICES TO EVALUATE AND RANK TRAINERS BY PERFORMANCE TO SELECT 37,044
THE HIGHEST SCORING TRAINERS FOR CONTRACTING PURPOSES.
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of 37,053
the Revised Code:
(A) "Agency" means any administrative or operational 37,055
division, including an office, department, bureau, board, 37,056
commission, or authority, of the state or of a political 37,057
subdivision thereof, including volunteer agencies, organizations, 37,058
or departments. 37,059
(B) "Attack" means any attack, either actual or imminent, 37,061
or a series of attacks by an actual or potential enemy of the 37,062
United States or by a foreign nation upon the United States that 37,063
causes or may cause substantial damage to or destruction of life, 37,064
property, or the environment within the United States or that is 37,065
designed to injure the military or economic strength of the 37,066
United States. "Attack" includes, without limitation, acts of 37,067
sabotage, acts of terrorism, invasion, the use of bombs or 37,068
shellfire, conventional, nuclear, chemical, or biological 37,069
846
warfare, and the use of other weapons or processes. 37,070
(C) "Chief executive" means the president of the United 37,072
States, the governor of this state, the board of county 37,073
commissioners of any nonchartered county, the executive authority 37,074
of any county established under Section 3 of Article X, Ohio 37,075
Constitution, or Chapter 302. of the Revised Code, the board of 37,076
township trustees of any township, or the mayor or city manager 37,077
of any municipal corporation within this state. 37,078
(D) "Civil defense" is an integral part of emergency 37,080
management that includes all those activities and measures 37,081
designed or undertaken to minimize the effects upon the civilian 37,082
population caused or which THAT would be caused by any hazard and 37,084
to effect emergency repairs to, or the emergency restoration of, 37,085
vital equipment, resources, supplies, utilities, and facilities 37,086
necessary for survival and for the public health, safety, and 37,087
welfare that would be damaged or destroyed by any hazard. "Civil 37,088
defense" includes, but is not limited to: 37,089
(1) Those measures to be taken during a hazard, including 37,091
all of the following: 37,092
(a) The enforcement of those passive defense regulations 37,094
necessary for the protection of the civilian population and 37,095
prescribed by duly established military or civil authorities; 37,096
(b) The evacuation of personnel to shelter areas; 37,098
(c) The control of traffic and panic situations; 37,100
(d) The control and use of emergency communications, 37,102
lighting, and warning equipment and systems. 37,103
(2) Those measures to be taken after a hazard has 37,105
occurred, including all of the following: 37,106
(a) Activities necessary for fire fighting FIREFIGHTING, 37,108
rescue, emergency, medical, health, and sanitation services; 37,110
(b) Monitoring for secondary hazards that could be caused 37,112
from the initiating event; 37,113
(c) Damage assessment and disaster analysis operations; 37,115
(d) Coordination of disaster assistance programs; 37,117
847
(e) Monitoring for effects from weapons; 37,119
(f) Unexploded bomb reconnaissance; 37,121
(g) Essential debris clearance; 37,123
(h) Decontamination operations; 37,125
(i) Documentation of operations and financial expenses; 37,127
(j) Resource control; 37,129
(k) Any other activities that may be necessary for 37,131
survival and the overall health, safety, and welfare of the 37,132
civilian population. 37,133
(E) "Disaster" means any imminent threat or actual 37,135
occurrence of widespread or severe damage to or loss of property, 37,136
personal hardship or injury, or loss of life that results from 37,137
any natural phenomenon or act of man A HUMAN. 37,138
(F) "Emergency" means any period during which the congress 37,140
of the United States or a chief executive has declared or 37,141
proclaimed that an emergency exists. 37,142
(G) "Emergency management" includes all emergency 37,144
preparedness and civil defense activities and measures, whether 37,145
or not mentioned or described in sections 5502.21 to 5502.51 of 37,147
the Revised Code, that are designed or undertaken to minimize the 37,148
effects upon the civilian population caused or that could be 37,149
caused by any hazard and that are necessary to address 37,150
mitigation, emergency preparedness, response, and recovery. 37,151
(H) "Emergency preparedness" is an integral part of 37,153
emergency management that includes those activities and measures 37,154
designed or undertaken in preparation for any hazard, including, 37,156
but not limited to, natural disasters and hazards involving 37,157
hazardous materials or radiological materials, and that will 37,159
enhance the probability for preservation of life, property, and 37,160
the environment. "Emergency preparedness" includes, without
limitation: 37,161
(1) The establishment of appropriate agencies and 37,163
organizations; 37,164
(2) The development of necessary plans and standard 37,166
848
operating procedures for mitigation, preparation, response, and 37,167
recovery purposes, including, without limitation, the development 37,168
of supporting agreements and memorandums of understanding; 37,169
(3) Hazard identification; 37,171
(4) Capability assessment; 37,173
(5) The recruitment, retention, and training of personnel; 37,175
(6) The development, printing, and distribution of 37,177
emergency public information, education, and training materials 37,178
and programs; 37,179
(7) The necessary conduct of research; 37,181
(8) The development of resource inventories; 37,183
(9) The procurement and stockpiling of equipment, food, 37,185
water, medical supplies, and any other supplies necessary for 37,186
survival and for the public health, safety, and welfare; 37,187
(10) The development and construction of public shelter 37,189
facilities and shelter spaces; 37,190
(11) The development and construction of emergency 37,192
operations centers for the conduct and support of coordination, 37,193
direction, and control activities; 37,194
(12) When appropriate and considered necessary, the 37,196
nonmilitary evacuation or temporary relocation of the civilian 37,197
population. 37,198
(I) "Hazard" means any actual or imminent threat to the 37,200
survival or overall health, safety, or welfare of the civilian 37,201
population that is caused by any natural, man-made HUMAN-MADE, or 37,203
technological event. "Hazard" includes, without limitation, an 37,204
attack, disaster, and emergency. 37,205
(J) "Hazard identification" means an identification, 37,207
historical analysis, inventory, or spatial distribution of risks 37,208
that could affect a specific geographical area and that would 37,209
cause a threat to the survival, health, safety, or welfare of the 37,210
civilian population, the property of that population, or the 37,211
environment. 37,212
(K) "Law" includes a general or special statute, law, 37,214
849
local law, ordinance, resolution, rule, order, or rule of common 37,215
law. 37,216
(L) "Mitigation" means all those activities that reduce or 37,218
eliminate the probability of a hazard. "Mitigation" also 37,219
includes long-term activities and measures designed to reduce the 37,220
effects of unavoidable hazards. 37,221
(M) "Political subdivision" means a county, township, or 37,223
municipal corporation in this state. 37,224
(N) "Recovery" includes all those activities required and 37,226
necessary to return an area to its former condition to the extent 37,227
possible following the occurrence of any hazard. 37,228
(O) "Response" includes all those activities that occur 37,230
subsequent to any hazard and that provide emergency assistance 37,231
from the effects of any such hazard, reduce the probability of 37,232
further injury, damage, or destruction, and are designed or 37,233
undertaken to speed recovery operations. 37,234
(P) "Structure" includes shelters, additions to or 37,236
alterations of existing buildings, and portions of existing 37,237
buildings dedicated to public use, made and designed exclusively 37,238
for protection against the shock or other effects of nuclear, 37,239
biological, or chemical warfare, special housing for equipment, 37,240
and all other structural means of protection of individuals and 37,241
property against any hazard. 37,242
(Q) "Equipment" includes fire-fighting, first-aid, 37,244
emergency medical, hospital, salvage, and rescue equipment and 37,245
materials, equipment for evacuation or relocation of individuals, 37,246
radiological monitoring equipment, hazardous materials response 37,247
gear, communications equipment, warning equipment, and all other 37,248
means, in the nature of personal property, to be used exclusively 37,249
in the protection of individuals and property against the effects 37,250
of any hazard. 37,251
(R) "Certifying authority" means the deputy EXECUTIVE 37,253
director of the emergency management agency provided for by 37,255
section 5502.22 of the Revised Code. 37,257
850
(S) "Civil defense certificate" means a civil defense 37,259
certificate of necessity issued pursuant to section 5502.42 of 37,261
the Revised Code. 37,262
Sec. 5502.22. (A) There is hereby established within the 37,272
department of public safety an emergency management agency, which 37,273
shall be governed under rules adopted by the director of public 37,275
safety under section 5502.25 of the Revised Code. The director, 37,277
with the concurrence of the governor, shall appoint a deputy AN 37,278
EXECUTIVE director, who shall be head of the emergency management 37,280
agency. The deputy EXECUTIVE director may appoint a chief 37,283
executive assistant, executive assistants, and administrative and 37,285
technical personnel within that agency as may be necessary to 37,286
plan, organize, and maintain emergency management adequate to the 37,287
needs of the state. The deputy EXECUTIVE director shall 37,288
coordinate all activities of all agencies for emergency 37,289
management within the state, shall maintain liaison with similar 37,290
agencies of other states and of the federal government, shall 37,291
cooperate with those agencies subject to the approval of the 37,292
governor, and shall develop a statewide emergency operations plan 37,293
that shall meet any applicable federal requirements for such 37,294
plans. The deputy EXECUTIVE director shall have such additional 37,296
authority, duties, and responsibilities as are prescribed by the 37,297
governor and the director or provided by law in all matters 37,299
relating to emergency management that may be reflected in other 37,301
sections of the Revised Code. The deputy EXECUTIVE director 37,303
shall advise the governor and director on matters pertaining to 37,304
emergency management on a regular basis.
Whenever the disaster services agency or director is 37,306
referred to or designated in any statute, rule, contract, or 37,307
other document, the reference or designation shall be deemed to 37,308
refer to the emergency management agency or deputy EXECUTIVE 37,309
director, as the case may be. 37,311
(B) For the purposes of emergency management, the deputy 37,313
EXECUTIVE director, with the approval of the director, may 37,315
851
participate in federal programs, accept grants from, and enter 37,316
into cooperative agreements or contractual arrangements with any 37,317
federal, state, or local department, agency, or subdivision 37,318
thereof, or any other person or body politic. Whenever the
duties of the emergency management agency overlap with rights or 37,319
duties of other federal, state, or local departments, agencies, 37,320
subdivisions, or officials, or private agencies, the deputy 37,321
EXECUTIVE director shall cooperate with, and not infringe upon 37,323
the rights and duties of, the other public or private entities. 37,324
Funds made available by the United States for the use of 37,326
the emergency management agency shall be expended by that agency 37,327
only for the purposes for which the funds were appropriated. In 37,328
accepting federal funds, the emergency management agency shall 37,330
abide by the terms and conditions of the grant, cooperative 37,331
agreement, or contractual arrangement and shall expend the funds 37,332
in accordance with the laws and regulations of the United States. 37,333
Sec. 5502.25. The director of public safety, in accordance 37,342
with Chapter 119. of the Revised Code, shall adopt, may amend or 37,344
rescind, and shall enforce, rules with respect to the emergency
management of the state for the purpose of providing protection 37,346
for its people against any hazard. The rules shall be made 37,347
available for public inspection at the emergency operations 37,349
center/joint dispatch facility and at such other places and 37,350
during such reasonable hours as fixed by the deputy EXECUTIVE 37,351
director of emergency management.
Sec. 5502.28. In carrying out sections 5502.21 to 5502.51 37,360
of the Revised Code, the governor shall utilize the services, 37,363
equipment, supplies, and facilities of existing agencies of the 37,364
state and of the political subdivisions thereof to the maximum 37,365
extent practicable, and the officers and personnel of all such 37,366
agencies shall cooperate with and extend such services, 37,367
equipment, supplies, and facilities to the governor and to the 37,368
deputy EXECUTIVE director of the emergency management agency upon 37,370
request.
852
Every agency for emergency management established pursuant 37,372
to sections 5502.21 to 5502.51 of the Revised Code and every 37,374
political subdivision that has established a program for 37,375
emergency management under section 5502.271 of the Revised Code, 37,376
and the officers thereof, shall execute and enforce any emergency 37,378
management orders and rules issued or adopted by the director of 37,379
public safety. 37,380
Sec. 5502.34. No person shall be employed or associated in 37,389
any capacity in any position or agency established under sections 37,390
5502.21 to 5502.51 of the Revised Code who advocates or has 37,391
advocated a change by force or violence in the constitutional 37,392
form of the government of the United States or of this state or 37,393
who has been convicted of or is under indictment or information 37,394
charging any subversive act against the United States or this 37,395
state. Each person who is appointed to serve in any position in 37,396
emergency management or in an agency for emergency management, 37,397
before entering upon his THE PERSON'S duties, shall register, in 37,398
writing, his THE PERSON'S name, address, and any other necessary 37,399
information pertaining to his THE PERSON'S qualifications and 37,400
choice of type of service and shall take an oath before the 37,402
deputy EXECUTIVE director of the emergency management agency or 37,403
local emergency management director or deputy director, or any 37,404
other person authorized to administer oaths in this state, which 37,405
oath shall be as follows: 37,406
"I, ........................, do solemnly swear (or affirm) 37,408
that I will support and defend the constitution of the United 37,409
States and the constitution of the state of Ohio, against all 37,410
enemies, foreign and domestic; that I will bear true faith and 37,411
allegiance to the same; that I will obey the orders of the 37,412
governor of the state of Ohio; that I take this obligation 37,413
freely, without any mental reservation or purpose of evasion; and 37,414
that I will faithfully discharge the duties upon which I am about 37,415
to enter. 37,416
"And I do further swear (or affirm) that I do not advocate, 37,418
853
nor am I a member of any political party or organization that 37,419
advocates, the overthrow of the government of the United States 37,420
or of this state by force or violence; and that during such time 37,421
as I am engaged in emergency management employment or activities, 37,422
I will not advocate nor become a member of any political party or 37,423
organization that advocates the overthrow of the government of 37,424
the Unites UNITED States or of this state by force or violence." 37,426
Sec. 5513.07. (A) The director of transportation shall 37,435
adopt a policy for use by the department of transportation in 37,436
giving preference to United States products. The policy shall 37,438
include criteria and procedures for determining that a product is 37,439
produced or mined in the United States and shall address 37,441
information to be submitted by bidders as to the nature of the 37,442
product and the location where it is produced or mined. The
policy may include waivers and such other requirements or 37,443
procedures reasonably necessary to implement the system of 37,444
preferences established pursuant to this section. In adopting 37,445
the policy, the director shall consider, and to the extent
possible and appropriate, shall conform to the requirements of 37,446
the federal "Buy America Act," 47 Stat. 1520 (1933), 41 U.S.C. 37,447
10a-10d, as amended, and to the regulations adopted thereunder. 37,449
(B) Prior to awarding a contract under section 5513.02 of 37,452
the Revised Code, the director shall evaluate the bids received 37,453
to determine if a product is produced or mined in the United 37,454
States. The director shall first reject bids that offer products 37,455
that have not been or that will not be produced or mined in the 37,456
United States, provided that the director is not required to 37,457
reject such bids if the rejection would result in an excessive
price for the product or in acquiring a disproportionately 37,458
inferior product. When the system of preferences is in effect, 37,459
no person with responsibility for awarding contracts for the 37,460
department shall do so in violation of the preference system. 37,461
(C) DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO 37,464
THE DEPARTMENT'S PURCHASE OF ROCK SALT.
854
Sec. 5515.01. The director of transportation may upon 37,473
formal application being made to the director, grant a permit to 37,475
any individual, firm, or corporation to use or occupy such
portion of a road or highway on the state highway system as will 37,477
not incommode the traveling public. Such permits, when granted, 37,478
shall be upon the following conditions: 37,479
(A) The occupancy of such roads or highways shall be in 37,481
the location as prescribed by the director. 37,482
(B) Such location shall be changed as prescribed by the 37,484
director when the director deems such change necessary for the 37,486
convenience of the traveling public, or in connection with or
contemplation of the construction, reconstruction, improvement, 37,488
relocating, maintenance, or repair of such road or highway. 37,489
(C) The placing of objects or things shall be at a grade 37,491
and in accordance with such plans, specifications, or both, as 37,492
shall be first approved by the director. 37,493
(D) The road or highway in all respects shall be fully 37,495
restored to its former condition of usefulness and at the expense 37,496
of such individual, firm, or corporation. 37,497
(E) Such individual, firm, or corporation shall maintain 37,499
all objects and things in a proper manner, promptly repair all 37,500
damages resulting to such road or highway on account thereof, and 37,501
in event of failure to so repair such road or highway to pay to 37,502
the state all costs and expenses which may be expended by the 37,503
director in repairing any damage. 37,504
(F) Such other conditions as may seem reasonable to the 37,506
director, but no condition shall be prescribed which imposes the 37,507
payment of a money consideration for the privilege granted. 37,508
Nothing in this division prohibits the director from requiring 37,510
payment of money consideration for a lease, easement, license, or 37,511
other interest in a transportation facility under control of the 37,512
department OF TRANSPORTATION.
(G) Permits may be revoked by the director at any time for 37,514
a noncompliance with the conditions imposed. 37,515
855
(H) As a condition precedent to the issuance of a permit 37,517
to a telecommunications service provider, the director shall 37,519
require the applicant to provide proof it is party to a lease, 37,520
easement, or license for the construction, placement, or 37,521
operation of a telecommunications facility in or on a 37,522
transportation facility. 37,523
Except as otherwise provided in this section and section 37,525
5501.311 of the Revised Code, Chapters 5501., 5503., 5511.,, 37,526
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 37,529
5528., 5529., 5531., 5533., and 5535. of the Revised Code do not 37,530
prohibit telegraph, telephone, and electric light and power 37,531
companies from constructing, maintaining, and using telegraph, 37,533
telephone, or electric light and power lines along and upon such 37,535
roads or highways under sections 4931.01, 4931.03, 4931.19, 37,536
4933.14, or other sections of the Revised Code, or to affect 37,537
existing rights of any such companies, or to require such 37,538
companies to obtain a permit from the director, except with 37,539
respect to the location of poles, wires, conduits, and other 37,540
equipment comprising lines on or beneath the surface of such road 37,541
or highways.
This section does not prohibit steam or electric railroad 37,543
companies from constructing tracks across such roads or highways, 37,544
nor authorize the director to grant permission to any company 37,545
owning, operating, controlling, or managing a steam railroad or 37,546
interurban railway in this state to build a new line of railroad, 37,547
or to change or alter the location of existing tracks across any 37,548
road or highway on the state highway system at grade. No such 37,549
company shall change the elevation of any of its tracks across 37,550
such road or highway except in accordance with plans and 37,551
specifications first approved by the director. 37,552
This section does not relieve any individual, firm, or 37,554
corporation from the obligation of satisfying any claim or demand 37,555
of an owner of lands abutting on such road or highway on the 37,556
state highway system on account of placing in such road or 37,557
856
highway a burden in addition to public travel. 37,558
Sec. 5528.36. In the event the moneys to the credit of the 37,567
highway obligations bond retirement fund created by section 37,568
5528.32 of the Revised Code are insufficient, either in amount or 37,569
by reason of restrictions provided for in the second paragraph of 37,570
section 5528.31 of the Revised Code on the use thereof to the 37,571
payment only of the principal of specified issues of notes or of 37,572
bonds, to meet in full all payments of interest, principal, and 37,573
charges for the retirement of obligations issued pursuant to 37,574
Section 2i of Article VIII, Ohio Constitution, and sections 37,575
5528.30 and 5528.31 of the Revised Code due and payable during 37,576
the current calendar year, except the principal of notes which 37,577
THAT the commissioners of the sinking fund certify will be 37,579
retired by the issuance of bonds or renewal notes but including 37,580
deposits required by the second paragraph of section 5528.31 of 37,581
the Revised Code, the commissioners of the sinking fund may on or 37,582
before the fifteenth day of January of any such year or any time 37,583
or times during such calendar year, but shall in any event within 37,584
ten days prior to the time any such payments are due or prior to 37,585
the date the payments required by the second paragraph of section 37,586
5528.31 of the Revised Code become due, certify to the treasurer 37,587
of state the total amount of such payments of principal, 37,588
interest, or charges, the amount of moneys to the credit of the 37,589
highway obligations bond retirement fund created by section 37,590
5528.32 of the Revised Code, the amount thereof the use of which 37,591
is restricted by the second paragraph of section 5528.31 of the 37,592
Revised Code to the payment only of the principal of specified 37,593
issues of notes or of bonds, and the specified issue or issues of 37,594
notes or such bonds with respect to which such amount is so 37,595
restricted, and the amount of additional money necessary to be 37,596
credited to such bond retirement fund to meet in full the payment 37,597
of such interest, principal, or charges when due and the amount 37,598
required to make the payments required by the second paragraph of 37,599
section 5528.31 of the Revised Code. 37,600
857
Upon the receipt of such certification, or if on 37,602
presentation for payment when due of either principal or interest 37,603
on obligations issued pursuant to Section 2i of Article VIII, 37,604
Ohio Constitution, there are insufficient moneys for payment of 37,605
such principal and interest, the treasurer of state shall, after 37,606
making any transfer of moneys to the highway improvement bond 37,607
retirement fund created by section 5528.12 of the Revised Code 37,608
for the payment of interest, principal, and charges due and 37,609
payable for the retirement of bonds issued pursuant to Section 2g 37,610
of Article VIII, Ohio Constitution, and sections 5528.10 and 37,611
5528.11 of the Revised Code as required by section 5528.16 of the 37,612
Revised Code, SHALL transfer the amount required as the 37,613
additional moneys necessary to meet in full all payments of 37,614
interest, principal, and charges for the retirement of highway 37,615
obligations issued pursuant to Section 2i of Article VIII, Ohio 37,616
Constitution, and sections 5528.30 and 5528.31 of the Revised 37,617
Code or the amount required to make the payments required by the 37,618
second paragraph of section 5528.31 of the Revised Code to the 37,619
highway obligations bond retirement fund created by section 37,620
5528.32 of the Revised Code from the undistributed revenues 37,621
derived from fees, excise, or license taxes, levied by the state, 37,622
relating to registration, operation, or use of vehicles on public 37,623
highways, or to fuels used for propelling such vehicles. 37,624
If, after the transfer of undistributed revenues to the 37,626
highway obligations bond retirement fund in accordance with the 37,627
foregoing paragraph of this section, there be insufficient moneys 37,628
for the payment of such principal and interest or to make the 37,629
payments required by the second paragraph of section 5528.31 of 37,630
the Revised Code as certified to the treasurer of state, the 37,631
treasurer of state shall, after making whatever transfers are 37,632
required by divisions (C)(1), (2), and (3) of section 129.73 of 37,633
the Revised Code, SHALL transfer a sufficient amount to the 37,634
highway obligations bond retirement fund from the undistributed 37,635
revenues derived from all excises and taxes of the state, except 37,636
858
ad valorem taxes on real and personal property and income taxes, 37,637
which excises and taxes, other than those excepted, are and shall 37,638
be deemed to be levied, in addition to the purposes otherwise 37,639
provided for by law, to provide in accordance with the provisions 37,640
of this section for the payment of interest, principal, and 37,641
charges on highway obligations, including bonds and notes, issued 37,642
pursuant to Section 2i of Article VIII, Ohio Constitution, and 37,643
sections 5528.30 and 5528.31 of the Revised Code, provided that 37,644
the treasurer shall draw from the undistributed revenues derived 37,645
from the taxes levied by sections 3769.08, 4301.42, 4301.43, 37,646
4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 37,647
5731.19, 5733.06, 5739.02, 5741.02, 5743.02, and 5743.32 of the 37,649
Revised Code in proportion to the amount of undistributed 37,650
revenues from each such tax remaining after the transfer to the 37,651
improvements bond retirement fund created by Section 2f of 37,652
Article VIII, Ohio Constitution, the development bond retirement 37,653
fund created by Section 2h of Article VIII, Ohio Constitution, 37,654
and the public improvements bond retirement fund created by 37,655
section 129.72 of the Revised Code, of such amount of those 37,656
revenues as may be required by sections 129.55, 129.63, and 37,657
129.73 of the Revised Code to be so transferred; provided, 37,658
however, that the commissioners of the sinking fund may, in any 37,659
resolution authorizing the issuance of such highway obligations, 37,660
MAY provide for the reservation of the right to have the 37,661
undistributed revenues referred to in this paragraph applied 37,662
first to such bonds or other obligations as may thereafter be 37,663
issued and in priority to application thereof to the payment of 37,664
the principal and interest on such highway obligations, but such 37,665
reservation shall not in any way qualify the obligation of the 37,666
state, which shall be absolute and unconditional, to levy and 37,667
collect at all times sufficient excises and taxes, other than 37,668
those excepted in Section 2i of Article VIII, Ohio Constitution, 37,669
as will produce adequate revenues available for the payment of 37,670
the principal and interest of such highway obligations. 37,671
859
Sec. 5703.05. All powers, duties, and functions of the 37,680
department of taxation are vested in and shall be performed by 37,681
the tax commissioner, which powers, duties, and functions shall 37,682
include, but shall not be limited to, the following: 37,683
(A) Prescribing all blank forms which the department is 37,685
authorized to prescribe, and to provide such forms and distribute 37,686
the same as required by law and the rules of the department. The 37,687
tax commissioner shall include a mail-in registration form 37,688
prescribed in section 3503.14 of the Revised Code within the 37,689
return and instructions for the tax levied in odd-numbered years 37,690
under section 5747.02 of the Revised Code, beginning with the tax 37,691
levied for the first odd-numbered year after the effective date 37,692
of this amendment 1995. The secretary of state shall bear all 37,693
costs for the inclusion of the mail-in registration form. That 37,694
form shall be addressed for return to the office of the secretary 37,695
of state.
(B) Exercising the authority provided by law, INCLUDING 37,697
ORDERS FROM BANKRUPTCY COURTS, relative to remitting or refunding 37,699
taxes or assessments, including penalties and interest thereon, 37,700
illegally or erroneously assessed or collected, or for any other 37,701
reason overpaid, and in addition, the commissioner may on written 37,702
application of any person, firm, or corporation claiming to have 37,703
overpaid to the treasurer of state at any time within five years 37,704
prior to the making of such application any tax payable under any 37,705
law which the department of taxation is required to administer 37,706
which does not contain any provision for refund, or on his THE 37,707
COMMISSIONER'S own motion investigate the facts and make in 37,708
triplicate a written statement of his THE COMMISSIONER'S 37,709
findings, and, if he THE COMMISSIONER finds that there has been 37,710
an overpayment, issue in triplicate a certificate of abatement 37,711
payable to the taxpayer, his THE TAXPAYER'S assigns, or legal 37,712
representative which shows the amount of the overpayment and the 37,713
kind of tax overpaid. One copy of such statement shall be 37,714
entered on the journal of the commissioner, one shall be
860
certified to the attorney general, and one certified copy shall 37,716
be delivered to the taxpayer. All copies of the certificate of 37,717
abatement shall be transmitted to the attorney general, and if he 37,718
THE ATTORNEY GENERAL finds it to be correct he THE ATTORNEY 37,719
GENERAL shall so certify on each copy, and deliver one copy to 37,720
the taxpayer, one copy to the commissioner, and the third copy to 37,721
the treasurer of state. Except as provided in sections 5725.08
and 5725.16 of the Revised Code the taxpayer's copy of any 37,723
certificates of abatement may be tendered by the payee or 37,724
transferee thereof to the treasurer of state as payment, to the 37,725
extent of the amount thereof, of any tax payable to the treasurer 37,726
of state.
(C) Exercising the authority provided by law relative to 37,728
consenting to the compromise and settlement of tax claims; 37,729
(D) Exercising the authority provided by law relative to 37,731
the use of alternative tax bases by taxpayers in the making of 37,732
personal property tax returns; 37,733
(E) Exercising the authority provided by law relative to 37,735
authorizing the prepayment of taxes on retail sales of tangible 37,736
personal property or on the storage, use, or consumption of 37,737
personal property, and waiving the collection of such taxes from 37,738
the consumers; 37,739
(F) Exercising the authority provided by law to revoke 37,741
licenses; 37,742
(G) Maintaining a continuous study of the practical 37,744
operation of all taxation and revenue laws of the state, the 37,745
manner in which and extent to which such laws provide revenues 37,746
for the support of the state and its political subdivisions, the 37,747
probable effect upon such revenue of possible changes in existing 37,748
laws, and the possible enactment of measures providing for other 37,749
forms of taxation. For this purpose the commissioner may 37,750
establish and maintain a division of research and statistics, and 37,751
may appoint necessary employees who shall be in the unclassified 37,752
civil service; the results of such study shall be available to 37,753
861
the members of the general assembly and the public. 37,754
(H) Making all tax assessments, valuations, findings, 37,756
determinations, computations, and orders the department of 37,757
taxation is by law authorized and required to make and, pursuant 37,758
to time limitations provided by law, on his THE COMMISSIONER'S 37,759
own motion, reviewing, redetermining, or correcting any tax 37,760
assessments, valuations, findings, determinations, computations, 37,761
or orders he THE COMMISSIONER has made, but he THE COMMISSIONER 37,762
shall not review, redetermine, or correct any tax assessment, 37,763
valuation, finding, determination, computation, or order which he 37,764
THE COMMISSIONER has made as to which an appeal or application 37,765
for rehearing, review, redetermination, or correction has been 37,766
filed with the board of tax appeals, unless such appeal or 37,767
application is withdrawn by the appellant or applicant or 37,768
dismissed; 37,769
(I) Appointing not more than five deputy tax 37,771
commissioners, who, under such regulations as the rules of the 37,772
department of taxation prescribe, may act for the commissioner in 37,773
the performance of such duties as he THE COMMISSIONER prescribes 37,774
in the administration of the laws which he THE COMMISSIONER is 37,775
authorized and required to administer, and who shall serve in the 37,776
unclassified civil service at the pleasure of the commissioner, 37,777
but if a person who holds a position in the classified service is 37,778
appointed, it shall not affect the civil service status of such 37,779
person;
(J) Appointing and prescribing the duties of all other 37,781
employees of the department of taxation necessary in the 37,782
performance of the work of the department which the tax 37,783
commissioner is by law authorized and required to perform, and 37,784
creating such divisions or sections of employees as, in his THE 37,785
COMMISSIONER'S judgment, is proper; 37,786
(K) Organizing the work of the department, which he THE 37,788
COMMISSIONER is by law authorized and required to perform, so 37,789
that, in his THE COMMISSIONER'S judgment, an efficient and 37,790
862
economical administration of the laws will result; 37,791
(L) Maintaining a journal, which is open to public 37,793
inspection, in which he THE COMMISSIONER shall keep a record of 37,794
all actions taken by him THE COMMISSIONER relating to assessments 37,796
and the reasons therefor;
(M) Adopting and promulgating, in the manner provided by 37,798
section 5703.14 of the Revised Code, all rules of the department, 37,799
including rules for the administration of sections 3517.16, 37,800
3517.17, and 5747.081 of the Revised Code; 37,801
(N) Destroying any or all returns or assessment 37,803
certificates in the manner authorized by law; 37,804
(O) Adopting rules, in accordance with division (B) of 37,806
section 325.31 of the Revised Code, governing the expenditure of 37,807
moneys from the real estate assessment fund under that division. 37,808
Sec. 5703.052. There is hereby created in the state 37,817
treasury the tax refund fund, from which refunds shall be paid 37,818
for taxes illegally or erroneously assessed or collected, or for 37,819
any other reason overpaid, that are levied by Chapter 4301., 37,820
4305., 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 37,821
5748., 5749., or 5753., and sections 3737.71, 3905.35, 3905.36, 37,822
4303.33, 5707.03, 5725.18, 5727.28, AND 5727.38 and former 37,824
sections 5727.27 and 5727.40 of the Revised Code. Refunds for 37,825
fees illegally or erroneously assessed or collected, or for any 37,826
other reason overpaid, that are levied by sections 3734.90 to 37,827
3734.9014 of the Revised Code also shall be paid from the fund. 37,828
However, refunds for taxes levied under section 5739.101 of the 37,829
Revised Code shall not be paid from the tax refund fund, but 37,830
shall be paid as provided in section 5739.104 of the Revised 37,831
Code.
Upon certification by the tax commissioner to the treasurer 37,833
of state of a tax refund, fee refund, or tax credit due, or by 37,834
the superintendent of insurance of a domestic or foreign 37,835
insurance tax refund, the treasurer of state may place the amount 37,836
certified to the credit of the fund. The certified amount 37,837
863
transferred shall be derived from current receipts of the same 37,838
tax or the fee for which the refund arose or, in the case of a 37,839
tax credit refund, from the current receipts of the taxes levied 37,840
by sections 5739.02 and 5741.02 of the Revised Code. 37,841
If the tax refund arises from a tax payable to the general 37,843
revenue fund, and current receipts from that source are 37,844
inadequate to make the transfer of the amount so certified, the 37,845
treasurer of state may transfer such certified amount from 37,846
current receipts of the sales tax levied by section 5739.02 of 37,847
the Revised Code. 37,848
Sec. 5703.053. As used in this section, "postal service" 37,858
means the United States postal service. 37,859
An application to the tax commissioner for a tax refund 37,861
under sections 4307.05, 4307.07, 5727.28, 5728.061, 5735.122, 37,862
5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, 37,864
5743.53, 5749.08, and 5753.06 of the Revised Code or division (B) 37,865
of section 5703.05 of the Revised Code, or a fee refunded under 37,866
section 3734.905 of the Revised Code, that is received after the 37,867
last day for filing under such section shall be considered to 37,868
have been filed in a timely manner if: 37,869
(A) The application is delivered by the postal service and 37,871
the earliest postal service postmark on the cover in which the 37,872
application is enclosed is not later than the last day for filing 37,873
the application; 37,874
(B) The application is delivered by the postal service, 37,876
the only postmark on the cover in which the application is 37,877
enclosed was affixed by a private postal meter, the date of that 37,878
postmark is not later than the last day for filing the 37,879
application, and the application is received within seven days of 37,880
such last day; or 37,881
(C) The application is delivered by the postal service, no 37,883
postmark date was affixed to the cover in which the application 37,884
is enclosed or the date of the postmark so affixed is not 37,885
legible, and the application is received within seven days of the 37,886
864
last day for making the application. 37,887
Sec. 5703.21. (A) Except as provided in divisions (B), 37,896
(C), (D), and (E) of this section, no agent of the department of 37,898
taxation, except in the agent's report to the department or when 37,899
called on to testify in any court or proceeding, shall divulge 37,900
any information acquired by the agent as to the transactions, 37,901
property, or business of any person while acting or claiming to 37,902
act under orders of the department. Whoever violates this 37,903
provision shall thereafter be disqualified from acting as an 37,904
officer or employee or in any other capacity under appointment or 37,905
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 37,907
of the Revised Code, or an audit of the department pursuant to 37,908
Chapter 117. of the Revised Code, or an audit, pursuant to such 37,909
THAT chapter, the objective of which is to express an opinion on 37,911
a financial report or statement prepared or issued pursuant to 37,912
division (G)(A)(7) or (I)(9) of section 126.21 of the Revised 37,915
Code, the officers and employees of the auditor of state charged 37,916
with conducting the audit shall have access to and the right to 37,917
examine any state tax returns and state tax return information in 37,918
the possession of the department to the extent that such THE 37,919
access and examination are necessary for purposes of the audit. 37,921
Any information acquired as the result of such THAT access and 37,922
examination shall not be divulged for any purpose other than as 37,924
required for such THE audit or unless the officers and employees 37,925
are required to testify in a court or proceeding under compulsion 37,927
of legal process. Whoever violates this provision shall 37,928
thereafter be disqualified from acting as an officer or employee 37,929
or in any other capacity under appointment or employment of the 37,930
auditor of state. 37,931
(2) As provided by section 6103(d)(2) of the Internal 37,933
Revenue Code, any federal tax returns or federal tax information 37,934
which the department has acquired from the internal revenue 37,935
service, through federal and state statutory authority, may be 37,936
865
disclosed to the auditor of state solely for purposes of an audit 37,937
of the department. 37,938
(C) Division (A) of this section does not prohibit 37,940
divulging information contained in applications, complaints, and 37,941
related documents filed with the department under section 5715.27 37,942
of the Revised Code, or in applications filed with the department 37,943
under section 5715.39 of the Revised Code. 37,944
(D) Division (A) of this section does not prohibit the 37,946
department of taxation providing information to the division of 37,947
child support within the department of human services, or a child 37,948
support enforcement agency, pursuant to division (G)(2) of 37,949
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 37,952
disclosure to the board of motor vehicle collision repair 37,953
registration of any information in the possession of the 37,954
department that is necessary for the board to verify the 37,956
existence of an applicant's valid vendor's license and current 37,957
state tax identification number under section 4775.07 of the
Revised Code. 37,958
Sec. 5709.62. (A) In any municipal corporation that is 37,967
defined by the United States office of management and budget as a 37,968
central city of a metropolitan statistical area, the legislative 37,969
authority of the municipal corporation may designate one or more 37,970
areas within its municipal corporation as proposed enterprise 37,971
zones. Upon designating an area, the legislative authority shall 37,972
petition the director of development for certification of the 37,973
area as having the characteristics set forth in division (A)(1) 37,974
of section 5709.61 of the Revised Code as amended by Substitute 37,975
Senate Bill No. 19 of the 120th general assembly. Except as 37,976
otherwise provided in division (E) of this section, on and after 37,977
July 1, 1994, legislative authorities shall not enter into 37,978
agreements under this section unless the legislative authority 37,979
has petitioned the director and the director has certified the 37,980
zone under this section as amended by that act; however, all 37,981
866
agreements entered into under this section as it existed prior to 37,982
July 1, 1994, and the incentives granted under those agreements 37,983
shall remain in effect for the period agreed to under those 37,984
agreements. Within sixty days after receiving such a petition, 37,985
the director shall determine whether the area has the 37,986
characteristics set forth in division (A)(1) of section 5709.61 37,987
of the Revised Code, and shall forward the findings to the 37,989
legislative authority of the municipal corporation. If the 37,990
director certifies the area as having those characteristics, and 37,991
thereby certifies it as a zone, the legislative authority may 37,992
enter into an agreement with an enterprise under division (C) of 37,993
this section. 37,994
(B) Any enterprise that wishes to enter into an agreement 37,996
with a municipal corporation under division (C) of this section 37,997
shall submit a proposal to the legislative authority of the 37,998
municipal corporation on a form prescribed by the director of 37,999
development, together with the application fee established under 38,000
section 5709.68 of the Revised Code. The form shall require the 38,001
following information: 38,002
(1) An estimate of the number of new employees whom the 38,004
enterprise intends to hire, or of the number of employees whom 38,005
the enterprise intends to retain, within the zone at a facility 38,006
that is a project site, and an estimate of the amount of payroll 38,007
of the enterprise attributable to these employees; 38,008
(2) An estimate of the amount to be invested by the 38,010
enterprise to establish, expand, renovate, or occupy a facility, 38,011
including investment in new buildings, additions or improvements 38,012
to existing buildings, machinery, equipment, furniture, fixtures, 38,013
and inventory; 38,014
(3) A listing of the enterprise's current investment, if 38,016
any, in a facility as of the date of the proposal's submission. 38,017
The enterprise shall review and update the listings 38,019
required under this division to reflect material changes, and any 38,020
agreement entered into under division (C) of this section shall 38,021
867
set forth final estimates and listings as of the time the 38,022
agreement is entered into. The legislative authority may, on a 38,023
separate form and at any time, require any additional information 38,024
necessary to determine whether an enterprise is in compliance 38,025
with an agreement and to collect the information required to be 38,026
reported under section 5709.68 of the Revised Code. 38,027
(C) Upon receipt and investigation of a proposal under 38,029
division (B) of this section, if the legislative authority finds 38,030
that the enterprise submitting the proposal is qualified by 38,031
financial responsibility and business experience to create and 38,032
preserve employment opportunities in the zone and improve the 38,033
economic climate of the municipal corporation, the legislative 38,034
authority, on or before June 30, 1999 2004, may do one of the 38,037
following:
(1) Enter into an agreement with the enterprise under 38,039
which the enterprise agrees to establish, expand, renovate, or 38,040
occupy a facility and hire new employees, or preserve employment 38,041
opportunities for existing employees, in return for one or more 38,042
of the following incentives: 38,043
(a) Exemption for a specified number of years, not to 38,045
exceed ten, of a specified portion, up to seventy-five per cent, 38,046
of the assessed value of tangible personal property first used in 38,047
business at the project site as a result of the agreement. An 38,048
exemption granted pursuant to this division applies to inventory 38,049
required to be listed pursuant to sections 5711.15 and 5711.16 of 38,050
the Revised Code, except that, in the instance of an expansion or 38,051
other situations in which an enterprise was in business at the 38,052
facility prior to the establishment of the zone, the inventory 38,053
which is exempt is that amount or value of inventory in excess of 38,054
the amount or value of inventory required to be listed in the 38,055
personal property tax return of the enterprise in the return for 38,056
the tax year in which the agreement is entered into. 38,057
(b) Exemption for a specified number of years, not to 38,059
exceed ten, of a specified portion, up to seventy-five per cent, 38,060
868
of the increase in the assessed valuation of real property 38,061
constituting the project site subsequent to formal approval of 38,062
the agreement by the legislative authority; 38,063
(c) Provision for a specified number of years, not to 38,065
exceed ten, of any optional services or assistance that the 38,066
municipal corporation is authorized to provide with regard to the 38,067
project site. 38,068
(2) An agreement under which the enterprise agrees to 38,070
remediate an environmentally contaminated facility, to spend an 38,071
amount equal to at least two hundred fifty per cent of the true 38,072
value in money of the real property of the facility prior to 38,073
remediation as determined for the purposes of property taxation 38,074
to establish, expand, renovate, or occupy the remediated 38,075
facility, and to hire new employees or preserve employment 38,076
opportunities for existing employees at the remediated facility, 38,077
in return for one or more of the following incentives: 38,078
(a) Exemption for a specified number of years, not to 38,080
exceed ten, of a specified portion, not to exceed fifty per cent, 38,081
of the assessed valuation of the real property of the facility 38,082
prior to remediation; 38,083
(b) Exemption for a specified number of years, not to 38,085
exceed ten, of a specified portion, not to exceed one hundred per 38,086
cent, of the increase in the assessed valuation of the real 38,087
property of the facility during or after remediation; 38,088
(c) The incentive under division (C)(1)(a) of this 38,090
section, except that the percentage of the assessed value of such 38,091
property exempted from taxation shall not exceed one hundred per 38,092
cent; 38,093
(d) The incentive under division (C)(1)(c) of this 38,095
section. 38,096
(3) Enter into an agreement with an enterprise that plans 38,098
to purchase and operate a large manufacturing facility that has 38,099
ceased operation or announced its intention to cease operation, 38,100
in return for exemption for a specified number of years, not to 38,101
869
exceed ten, of a specified portion, up to one hundred per cent, 38,102
of the assessed value of tangible personal property used in 38,103
business at the project site as a result of the agreement, or of 38,104
the assessed valuation of real property constituting the project 38,105
site, or both. 38,106
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 38,108
section, the portion of the assessed value of tangible personal 38,109
property or of the increase in the assessed valuation of real 38,110
property exempted from taxation under those divisions may exceed 38,111
seventy-five per cent in any year for which that portion is 38,112
exempted if the average percentage exempted for all years in 38,113
which the agreement is in effect does not exceed sixty per cent, 38,114
or if the board of education of the city, local, or exempted 38,115
village school district within the territory of which the 38,116
property is or will be located approves a percentage in excess of 38,117
seventy-five per cent. For the purpose of obtaining such 38,118
approval, the legislative authority shall deliver to the board of 38,119
education a notice not later than forty-five days prior to 38,120
approving the agreement, excluding Saturdays, Sundays, and legal 38,122
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 38,124
the true value of the property to be exempted, and the number of 38,125
years the property is to be exempted. The board of education, by 38,126
resolution adopted by a majority of the board, shall approve or 38,127
disapprove the agreement and certify a copy of the resolution to 38,128
the legislative authority not later than fourteen days prior to 38,129
the date stipulated by the legislative authority as the date upon 38,130
which approval of the agreement is to be formally considered by 38,131
the legislative authority. The board of education may include in 38,132
the resolution conditions under which the board would approve the 38,133
agreement, including the execution of an agreement to compensate 38,134
the school district under division (B) of section 5709.82 of the 38,135
Revised Code. The legislative authority may approve the 38,136
agreement at any time after the board of education certifies its 38,137
870
resolution approving the agreement to the legislative authority, 38,138
or, if the board approves the agreement conditionally, at any 38,139
time after the conditions are agreed to by the board and the 38,140
legislative authority.
If a board of education has adopted a resolution waiving 38,142
its right to approve agreements and the resolution remains in 38,144
effect, approval of an agreement by the board is not required 38,145
under this division. If a board of education has adopted a 38,146
resolution allowing a legislative authority to deliver the notice 38,147
required under this division fewer than forty-five business days 38,148
prior to the legislative authority's approval of the agreement, 38,149
the legislative authority shall deliver the notice to the board 38,150
not later than the number of days prior to such approval as 38,151
prescribed by the board in its resolution. If a board of 38,152
education adopts a resolution waiving its right to approve 38,153
agreements or shortening the notification period, the board shall 38,154
certify a copy of the resolution to the legislative authority. 38,155
If the board of education rescinds such a resolution, it shall 38,156
certify notice of the rescission to the legislative authority. 38,157
(2) The legislative authority shall comply with section 38,159
5709.83 of the Revised Code unless the board of education has 38,162
adopted a resolution under that section waiving its right to 38,163
receive such notice.
(E) This division applies to zones certified by the 38,165
director of development under this section prior to July 22, 38,167
1994. 38,168
On or before June 30, 1999 2004, the legislative authority 38,171
that designated a zone to which this division applies may enter 38,172
into an agreement with an enterprise if the legislative authority 38,173
makes the finding required under that division and determines 38,174
that the enterprise satisfies one of the criteria described in 38,175
divisions (E)(1) to (5) of this section: 38,176
(1) The enterprise currently has no operations in this 38,178
state and, subject to approval of the agreement, intends to 38,179
871
establish operations in the zone; 38,180
(2) The enterprise currently has operations in this state 38,182
and, subject to approval of the agreement, intends to establish 38,183
operations at a new location in the zone that would not result in 38,184
a reduction in the number of employee positions at any of the 38,185
enterprise's other locations in this state; 38,186
(3) The enterprise, subject to approval of the agreement, 38,188
intends to relocate operations, currently located in another 38,189
state, to the zone; 38,190
(4) The enterprise, subject to approval of the agreement, 38,192
intends to expand operations at an existing site in the zone that 38,193
the enterprise currently operates; 38,194
(5) The enterprise, subject to approval of the agreement, 38,196
intends to relocate operations, currently located in this state, 38,197
to the zone, and the director of development has issued a waiver 38,198
for the enterprise under division (B) of section 5709.633 of the 38,199
Revised Code. 38,200
The agreement shall require the enterprise to agree to 38,202
establish, expand, renovate, or occupy a facility in the zone and 38,203
hire new employees, or preserve employment opportunities for 38,204
existing employees, in return for one or more of the incentives 38,205
described in division (C) of this section. 38,206
(F) All agreements entered into under this section shall 38,208
be in the form prescribed under section 5709.631 of the Revised 38,209
Code. After an agreement is entered into under this division, if 38,210
the legislative authority revokes its designation of a zone, or 38,211
if the director of development revokes the zone's certification, 38,212
any entitlements granted under the agreement shall continue for 38,213
the number of years specified in the agreement. 38,214
(G) Except as otherwise provided in this division, an 38,216
agreement entered into under this section shall require that the 38,217
enterprise pay an annual fee equal to the greater of one per cent 38,218
of the dollar value of incentives offered under the agreement or 38,219
five hundred dollars; provided, however, that if the value of the 38,220
872
incentives exceeds two hundred fifty thousand dollars, the fee 38,221
shall not exceed two thousand five hundred dollars. The fee 38,222
shall be payable to the legislative authority once per year for 38,223
each year the agreement is effective on the days and in the form 38,224
specified in the agreement. Fees paid shall be deposited in a 38,225
special fund created for such purpose by the legislative 38,226
authority and shall be used by the legislative authority 38,227
exclusively for the purpose of complying with section 5709.68 of 38,228
the Revised Code and by the tax incentive review council created 38,229
under section 5709.85 of the Revised Code exclusively for the 38,230
purposes of performing the duties prescribed under that section. 38,231
The legislative authority may waive or reduce the amount of the 38,232
fee charged against an enterprise, but such a waiver or reduction 38,233
does not affect the obligations of the legislative authority or 38,234
the tax incentive review council to comply with section 5709.68 38,235
or 5709.85 of the Revised Code. 38,236
(H) When an agreement is entered into pursuant to this 38,238
section, the legislative authority authorizing the agreement 38,239
shall forward a copy of the agreement to the director of 38,240
development and to the tax commissioner within fifteen days after 38,241
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 38,242
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE 38,243
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 38,245
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 38,246
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 38,248
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 38,249
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 38,250
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 38,252
shall file with each personal property tax return required to be 38,253
filed while the agreement is in effect, an informational return, 38,254
on a form prescribed by the tax commissioner for that purpose, 38,255
setting forth separately the property, and related costs and 38,256
873
values, exempted from taxation under the agreement. 38,257
(J) Enterprises may agree to give preference to residents 38,259
of the zone within which the agreement applies relative to 38,260
residents of this state who do not reside in the zone when hiring 38,261
new employees under the agreement. 38,262
(K) An agreement entered into under this section may 38,264
include a provision requiring the enterprise to create one or 38,265
more temporary internship positions for students enrolled in a 38,266
course of study at a school or other educational institution in 38,267
the vicinity, and to create a scholarship or provide another form 38,268
of educational financial assistance for students holding such a 38,269
position in exchange for the student's commitment to work for the 38,270
enterprise at the completion of the internship. 38,271
Sec. 5709.63. (A) With the consent of the legislative 38,280
authority of each affected municipal corporation or of a board of 38,281
township trustees, a board of county commissioners may, in the 38,282
manner set forth in section 5709.62 of the Revised Code, 38,283
designate one or more areas in one or more municipal corporations 38,284
or in unincorporated areas of the county as proposed enterprise 38,286
zones. A board of county commissioners may designate no more 38,287
than one area within a township, or within adjacent townships, as 38,288
a proposed enterprise zone. The board shall petition the 38,289
director of development for certification of the area as having 38,290
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 38,291
Senate Bill No. 19 of the 120th general assembly. Except as 38,292
otherwise provided in division (D) of this section, on and after 38,293
July 1, 1994, boards of county commissioners shall not enter into 38,294
agreements under this section unless the board has petitioned the 38,295
director and the director has certified the zone under this
section as amended by that act; however, all agreements entered 38,296
into under this section as it existed prior to July 1, 1994, and 38,297
the incentives granted under those agreements shall remain in 38,298
effect for the period agreed to under those agreements. The 38,299
874
director shall make the determination in the manner provided 38,300
under section 5709.62 of the Revised Code. Any enterprise 38,301
wishing to enter into an agreement with the board under division 38,302
(B) or (D) of this section shall submit a proposal to the board 38,304
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 38,306
enterprise shall review and update the estimates and listings 38,307
required by the form in the manner required under that division. 38,308
The board may, on a separate form and at any time, require any 38,309
additional information necessary to determine whether an 38,310
enterprise is in compliance with an agreement and to collect the 38,311
information required to be reported under section 5709.68 of the 38,312
Revised Code.
(B) If the board of county commissioners finds that an 38,314
enterprise submitting a proposal is qualified by financial 38,315
responsibility and business experience to create and preserve 38,316
employment opportunities in the zone and to improve the economic 38,317
climate of the municipal corporation or municipal corporations or 38,318
the unincorporated areas in which the zone is located and to 38,319
which the proposal applies, the board, on or before June 30, 1999 38,321
2004, and with the consent of the legislative authority of each 38,323
affected municipal corporation or of the board of township 38,324
trustees may do either of the following: 38,325
(1) Enter into an agreement with the enterprise under 38,327
which the enterprise agrees to establish, expand, renovate, or 38,328
occupy a facility in the zone and hire new employees, or preserve 38,329
employment opportunities for existing employees, in return for 38,330
the following incentives: 38,331
(a) When the facility is located in a municipal 38,333
corporation, the board may enter into an agreement for one or 38,334
more of the incentives provided in division (C) of section 38,335
5709.62 of the Revised Code, subject to division (D) of that 38,336
section;
(b) When the facility is located in an unincorporated 38,338
875
area, the board may enter into an agreement for one or more of 38,339
the following incentives: 38,340
(i) Exemption for a specified number of years, not to 38,342
exceed ten, of a specified portion, up to sixty per cent, of the 38,344
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 38,346
exemption granted pursuant to this division applies to inventory 38,347
required to be listed pursuant to sections 5711.15 and 5711.16 of 38,348
the Revised Code, except, in the instance of an expansion or 38,349
other situations in which an enterprise was in business at the 38,350
facility prior to the establishment of the zone, the inventory 38,351
which is exempt is that amount or value of inventory in excess of 38,352
the amount or value of inventory required to be listed in the 38,353
personal property tax return of the enterprise in the return for 38,354
the tax year in which the agreement is entered into. 38,355
(ii) Exemption for a specified number of years, not to 38,357
exceed ten, of a specified portion, up to sixty per cent, of the 38,359
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 38,360
by the board;
(iii) Provision for a specified number of years, not to 38,362
exceed ten, of any optional services or assistance the board is 38,363
authorized to provide with regard to the project site; 38,364
(iv) The incentive described in division (C)(2) of section 38,366
5709.62 of the Revised Code. 38,367
(2) Enter into an agreement with an enterprise that plans 38,369
to purchase and operate a large manufacturing facility that has 38,370
ceased operation or has announced its intention to cease 38,371
operation, in return for exemption for a specified number of 38,372
years, not to exceed ten, of a specified portion, up to one 38,373
hundred per cent, of tangible personal property used in business 38,374
at the project site as a result of the agreement, or of real 38,375
property constituting the project site, or both. 38,376
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 38,378
876
this section, the portion of the assessed value of tangible 38,381
personal property or of the increase in the assessed valuation of 38,382
real property exempted from taxation under those divisions may 38,383
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 38,384
which the agreement is in effect does not exceed fifty per cent, 38,385
or if the board of education of the city, local, or exempted 38,386
village school district within the territory of which the 38,387
property is or will be located approves a percentage in excess of 38,388
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 38,389
notice not later than forty-five days prior to approving the 38,391
agreement, excluding Saturdays, Sundays, and legal holidays as 38,393
defined in section 1.14 of the Revised Code. The notice shall 38,395
state the percentage to be exempted, an estimate of the true 38,397
value of the property to be exempted, and the number of years the 38,398
property is to be exempted. The board of education, by 38,399
resolution adopted by a majority of the board, shall approve or 38,400
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 38,401
the date stipulated by the board of commissioners as the date 38,402
upon which approval of the agreement is to be formally considered 38,403
by the board of commissioners. The board of education may 38,404
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 38,405
compensate the school district under division (B) of section 38,406
5709.82 of the Revised Code. The board of county commissioners 38,408
may approve the agreement at any time after the board of 38,409
education certifies its resolution approving the agreement to the 38,410
board of county commissioners, or, if the board of education 38,411
approves the agreement conditionally, at any time after the 38,412
conditions are agreed to by the board of education and the board 38,413
of county commissioners.
If a board of education has adopted a resolution waiving 38,415
877
its right to approve agreements and the resolution remains in 38,417
effect, approval of an agreement by the board of education is not 38,418
required under division (C) of this section. If a board of 38,419
education has adopted a resolution allowing a board of county 38,420
commissioners to deliver the notice required under this division 38,421
fewer than forty-five business days prior to approval of the 38,423
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 38,424
education not later than the number of days prior to such 38,426
approval as prescribed by the board of education in its 38,427
resolution. If a board of education adopts a resolution waiving 38,428
its right to approve agreements or shortening the notification 38,429
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 38,430
education rescinds such a resolution, it shall certify notice of 38,431
the rescission to the board of county commissioners. 38,432
(2) The board of county commissioners shall comply with 38,434
section 5709.83 of the Revised Code unless the board of education 38,437
has adopted a resolution under that section waiving its right to 38,438
receive such notice.
(D) This division applies to zones certified by the 38,440
director of development under this section prior to July 22, 38,442
1994.
On or before June 30, 1999 2004, and with the consent of 38,445
the legislative authority of each affected municipal corporation 38,447
or board of township trustees of each affected township, the 38,448
board of commissioners that designated a zone to which this 38,449
division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and 38,450
determines that the enterprise satisfies one of the criteria 38,451
described in divisions (D)(1) to (5) of this section: 38,452
(1) The enterprise currently has no operations in this 38,454
state and, subject to approval of the agreement, intends to 38,455
establish operations in the zone;
878
(2) The enterprise currently has operations in this state 38,457
and, subject to approval of the agreement, intends to establish 38,458
operations at a new location in the zone that would not result in 38,459
a reduction in the number of employee positions at any of the 38,460
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 38,462
intends to relocate operations, currently located in another 38,463
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 38,465
intends to expand operations at an existing site in the zone that 38,466
the enterprise currently operates; 38,467
(5) The enterprise, subject to approval of the agreement, 38,469
intends to relocate operations, currently located in this state, 38,470
to the zone, and the director of development has issued a waiver 38,471
for the enterprise under division (B) of section 5709.633 of the 38,472
Revised Code.
The agreement shall require the enterprise to agree to 38,474
establish, expand, renovate, or occupy a facility in the zone and 38,475
hire new employees, or preserve employment opportunities for 38,476
existing employees, in return for one or more of the incentives 38,477
described in division (B) of this section.
(E) All agreements entered into under this section shall 38,479
be in the form prescribed under section 5709.631 of the Revised 38,480
Code. After an agreement under this section is entered into, if 38,481
the board of county commissioners revokes its designation of the 38,482
zone, or if the director of development revokes the zone's 38,483
certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement. 38,484
(F) Except as otherwise provided in this paragraph, an 38,486
agreement entered into under this section shall require that the 38,487
enterprise pay an annual fee equal to the greater of one per cent 38,488
of the dollar value of incentives offered under the agreement or 38,489
five hundred dollars; provided, however, that if the value of the 38,490
incentives exceeds two hundred fifty thousand dollars, the fee
879
shall not exceed two thousand five hundred dollars. The fee 38,491
shall be payable to the board of commissioners once per year for 38,492
each year the agreement is effective on the days and in the form 38,493
specified in the agreement. Fees paid shall be deposited in a 38,494
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 38,495
section 5709.68 of the Revised Code and by the tax incentive 38,496
review council created under section 5709.85 of the Revised Code 38,497
exclusively for the purposes of performing the duties prescribed 38,498
under that section. The board may waive or reduce the amount of 38,499
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 38,500
incentive review council to comply with section 5709.68 or 38,501
5709.85 of the Revised Code, respectively. 38,502
(G) With the approval of the legislative authority of a 38,504
municipal corporation or the board of township trustees of a 38,505
township in which a zone is designated under division (A) of this 38,506
section, the board of county commissioners may delegate to that 38,507
legislative authority or board any powers and duties of the board 38,508
to negotiate and administer agreements with regard to that zone
under this section. 38,509
(H) When an agreement is entered into pursuant to this 38,511
section, the legislative authority authorizing the agreement 38,512
shall forward a copy of the agreement to the director of 38,513
development and to the tax commissioner within fifteen days after 38,514
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 38,515
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 38,517
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 38,518
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 38,520
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 38,521
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 38,522
THIS DIVISION.
880
(I) After an agreement is entered into, the enterprise 38,524
shall file with each personal property tax return required to be 38,525
filed while the agreement is in effect, an informational return, 38,526
on a form prescribed by the tax commissioner for that purpose, 38,527
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 38,528
(J) Enterprises may agree to give preference to residents 38,530
of the zone within which the agreement applies relative to 38,531
residents of this state who do not reside in the zone when hiring 38,532
new employees under the agreement.
(K) An agreement entered into under this section may 38,534
include a provision requiring the enterprise to create one or 38,535
more temporary internship positions for students enrolled in a 38,536
course of study at a school or other educational institution in 38,537
the vicinity, and to create a scholarship or provide another form 38,538
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 38,539
enterprise at the completion of the internship. 38,540
Sec. 5709.632. (A)(1) The legislative authority of a 38,549
municipal corporation defined by the United States office of 38,550
budget MANAGEMENT and management BUDGET as a central city of a 38,552
metropolitan statistical area may, in the manner set forth in 38,553
section 5709.62 of the Revised Code, designate one or more areas 38,554
in the municipal corporation as a proposed enterprise zone. 38,555
(2) With the consent of the legislative authority of each 38,557
affected municipal corporation or of a board of township 38,558
trustees, a board of county commissioners may, in the manner set 38,559
forth in section 5709.62 of the Revised Code, designate one or 38,560
more areas in one or more municipal corporations or in 38,561
unincorporated areas of the county as proposed urban jobs and 38,562
enterprise zones, except that a board of county commissioners may 38,563
designate no more than one area within a township, or within 38,564
adjacent townships, as a proposed urban jobs and enterprise zone. 38,565
(3) The legislative authority or board of county 38,567
881
commissioners may petition the director of development for 38,568
certification of the area as having the characteristics set forth 38,569
in division (A)(3) of section 5709.61 of the Revised Code. 38,570
Within sixty days after receiving such a petition, the director 38,571
shall determine whether the area has the characteristics set 38,572
forth in that division and forward the findings to the 38,573
legislative authority or board of county commissioners. If the 38,574
director certifies the area as having those characteristics and 38,575
thereby certifies it as a zone, the legislative authority or 38,576
board may enter into agreements with enterprises under division 38,577
(B) of this section. Any enterprise wishing to enter into an 38,578
agreement with a legislative authority or board of commissioners 38,579
under this section and satisfying one of the criteria described 38,580
in divisions (B)(1) to (5) of this section shall submit a 38,581
proposal to the legislative authority or board on the form 38,582
prescribed under division (B) of section 5709.62 of the Revised 38,583
Code and shall review and update the estimates and listings 38,584
required by the form in the manner required under that division. 38,585
The legislative authority or board may, on a separate form and at 38,586
any time, require any additional information necessary to 38,587
determine whether an enterprise is in compliance with an 38,588
agreement and to collect the information required to be reported 38,589
under section 5709.68 of the Revised Code. 38,590
(B) Prior to entering into an agreement with an 38,592
enterprise, the legislative authority or board of county 38,593
commissioners shall determine whether the enterprise submitting 38,594
the proposal is qualified by financial responsibility and 38,595
business experience to create and preserve employment 38,596
opportunities in the zone and to improve the economic climate of 38,597
the municipal corporation or municipal corporations or the 38,598
unincorporated areas in which the zone is located and to which 38,599
the proposal applies, and whether the enterprise satisfies one of 38,600
the following criteria: 38,601
(1) The enterprise currently has no operations in this 38,603
882
state and, subject to approval of the agreement, intends to 38,604
establish operations in the zone; 38,605
(2) The enterprise currently has operations in this state 38,607
and, subject to approval of the agreement, intends to establish 38,608
operations at a new location in the zone that would not result in 38,609
a reduction in the number of employee positions at any of the 38,610
enterprise's other locations in this state; 38,611
(3) The enterprise, subject to approval of the agreement, 38,613
intends to relocate operations, currently located in another 38,614
state, to the zone; 38,615
(4) The enterprise, subject to approval of the agreement, 38,617
intends to expand operations at an existing site in the zone that 38,618
the enterprise currently operates; 38,619
(5) The enterprise, subject to approval of the agreement, 38,621
intends to relocate operations, currently located in this state, 38,622
to the zone, and the director of development has issued a waiver 38,623
for the enterprise under division (B) of section 5709.633 of the 38,624
Revised Code. 38,625
(C) If the legislative authority or board determines that 38,627
the enterprise is so qualified and satisfies one of the criteria 38,628
described in divisions (B)(1) to (5) of this section, the 38,629
legislative authority or board may, after complying with section 38,630
5709.83 of the Revised Code and on or before June 30, 1999 2004, 38,632
and, in the case of a board of commissioners, with the consent of 38,634
the legislative authority of each affected municipal corporation
or of the board of township trustees: 38,635
(1) Enter, ENTER into an agreement with the enterprise 38,637
under which the enterprise agrees to establish, expand, renovate, 38,639
or occupy a facility in the zone and hire new employees, or 38,640
preserve employment opportunities for existing employees, in 38,641
return for the following incentives: 38,642
(a)(1) When the facility is located in a municipal 38,644
corporation, a legislative authority or board of commissioners 38,645
may enter into an agreement for one or more of the incentives 38,646
883
provided in division (C) of section 5709.62 of the Revised Code, 38,647
subject to division (D) of that section; 38,648
(b)(2) When the facility is located in an unincorporated 38,650
area, a board of commissioners may enter into an agreement for 38,651
one or more of the incentives provided in divisions (B)(1)(b), 38,652
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 38,653
subject to division (C) of that section. 38,654
(D) All agreements entered into under this section shall 38,656
be in the form prescribed under section 5709.631 of the Revised 38,657
Code. After an agreement under this section is entered into, if 38,658
the legislative authority or board of county commissioners 38,659
revokes its designation of the zone, or if the director of 38,660
development revokes the zone's certification, any entitlements 38,661
granted under the agreement shall continue for the number of 38,662
years specified in the agreement. 38,663
(E) Except as otherwise provided in this division, an 38,665
agreement entered into under this section shall require that the 38,666
enterprise pay an annual fee equal to the greater of one per cent 38,667
of the dollar value of incentives offered under the agreement or 38,668
five hundred dollars; provided, however, that if the value of the 38,669
incentives exceeds two hundred fifty thousand dollars, the fee 38,670
shall not exceed two thousand five hundred dollars. The fee 38,671
shall be payable to the legislative authority or board of 38,672
commissioners once per year for each year the agreement is 38,673
effective on the days and in the form specified in the agreement. 38,674
Fees paid shall be deposited in a special fund created for such 38,675
purpose by the legislative authority or board and shall be used 38,676
by the legislative authority or board exclusively for the purpose 38,677
of complying with section 5709.68 of the Revised Code and by the 38,678
tax incentive review council created under section 5709.85 of the 38,679
Revised Code exclusively for the purposes of performing the 38,680
duties prescribed under that section. The legislative authority 38,681
or board may waive or reduce the amount of the fee charged 38,682
against an enterprise, but such waiver or reduction does not 38,683
884
affect the obligations of the legislative authority or board or 38,684
the tax incentive review council to comply with section 5709.68 38,685
or 5709.85 of the Revised Code, respectively. 38,686
(F) With the approval of the legislative authority of a 38,688
municipal corporation or the board of township trustees of a 38,689
township in which a zone is designated under division (A)(2) of 38,690
this section, the board of county commissioners may delegate to 38,691
that legislative authority or board any powers and duties of the 38,692
board to negotiate and administer agreements with regard to that 38,693
zone under this section. 38,694
(G) When an agreement is entered into pursuant to this 38,696
section, the legislative authority or board of commissioners 38,697
authorizing the agreement shall forward a copy of the agreement 38,698
to the director of development and to the tax commissioner within 38,699
fifteen days after the agreement is entered into. IF ANY 38,701
AGREEMENT INCLUDES TERMS NOT PROVIDED FOR IN SECTION 5709.631 OF
THE REVISED CODE AFFECTING THE REVENUE OF A CITY, LOCAL, OR 38,702
EXEMPTED VILLAGE SCHOOL DISTRICT OR CAUSING REVENUE TO BE 38,703
FOREGONE BY THE DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID 38,704
TO THE SCHOOL DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED 38,706
CODE, THOSE TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE 38,707
DIRECTOR OF DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT 38,708
FORWARDED UNDER THIS DIVISION.
(H) After an agreement is entered into, the enterprise 38,710
shall file with each personal property tax return required to be 38,711
filed while the agreement is in effect, an informational return, 38,712
on a form prescribed by the tax commissioner for that purpose, 38,713
setting forth separately the property, and related costs and 38,714
values, exempted from taxation under the agreement. 38,715
(I) An agreement entered into under this section may 38,717
include a provision requiring the enterprise to create one or 38,718
more temporary internship positions for students enrolled in a 38,719
course of study at a school or other educational institution in 38,720
the vicinity, and to create a scholarship or provide another form 38,721
885
of educational financial assistance for students holding such a 38,722
position in exchange for the student's commitment to work for the 38,723
enterprise at the completion of the internship. 38,724
Sec. 5709.83. (A) Except as otherwise provided in 38,733
division (B) of this section, prior to taking formal action to 38,734
adopt or enter into any instrument granting a tax exemption under 38,736
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63, 38,737
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised 38,738
Code or formally approving an agreement under section 3735.671 of 38,739
the Revised Code, or prior to forwarding an application for a tax 38,740
exemption for residential property under section 3735.67 of the 38,741
Revised Code to the county auditor, the legislative authority of 38,742
the political subdivision or housing officer shall notify the 38,743
board of education of each CITY, LOCAL, EXEMPTED VILLAGE, OR 38,744
JOINT VOCATIONAL school district in which the proposed 38,745
tax-exempted property is located. The notice shall include a 38,746
copy of the instrument or application. The notice shall be 38,747
delivered not later than fourteen days prior to the day the 38,748
legislative authority takes formal action to adopt or enter into 38,749
the instrument, or not later than fourteen days prior to the day 38,750
the housing officer forwards the application to the county 38,751
auditor. If the board of education comments on the instrument or 38,752
application to the legislative authority or housing officer, the 38,753
legislative authority or housing officer shall consider the 38,754
comments. If the board of education OF THE CITY, LOCAL, OR 38,755
EXEMPTED VILLAGE SCHOOL DISTRICT so requests, the legislative 38,756
authority or the housing officer shall meet in person with a 38,757
representative designated by the board of education to discuss 38,758
the terms of the instrument or application. 38,759
(B) The notice otherwise required to be provided to boards 38,761
of education under division (A) of this section is not required 38,762
if the board has adopted a resolution waiving its right to 38,763
receive such notices, and that resolution remains in effect. If 38,764
a board of education adopts such a resolution, the board shall 38,765
886
cause a copy of the resolution to be certified to the legislative 38,766
authority. If the board of education rescinds such a resolution, 38,767
it shall certify notice of the rescission to the legislative
authority. A board of education may adopt such a resolution with 38,768
respect to any one or more counties, townships, or municipal 38,769
corporations situated in whole or in part within the school 38,770
district.
Sec. 5711.16. A (A) AS USED IN THIS SECTION, 38,779
"MANUFACTURER" MEANS A person who purchases, receives, or holds 38,780
personal property for the purpose of adding to its value by 38,783
manufacturing, refining, rectifying, or combining different 38,784
materials with a view of making a gain or profit by so doing is a 38,785
manufacturer. When such person
WHEN A MANUFACTURER is required to return a statement of 38,788
the amount of his THE MANUFACTURER'S personal property used in 38,789
business, he THE MANUFACTURER shall include the average value, 38,791
estimated as provided in this section, of all articles purchased, 38,792
received, or otherwise held for the purpose of being used, in
whole or in part, in manufacturing, combining, rectifying, or 38,793
refining, and of all articles which THAT were at any time by him 38,794
manufactured or changed in any way BY THE MANUFACTURER, either by 38,796
combining, rectifying, refining, or adding thereto, which he THAT 38,797
THE MANUFACTURER has had on hand during the year ending on the 38,798
day such THE property is listed for taxation annually, or the 38,800
part of such year during which he THE MANUFACTURER was engaged in 38,802
business. He THE MANUFACTURER shall separately list finished 38,803
products not kept or stored at the place of manufacture or at a 38,804
warehouse in the same county.
The average value of such property shall be ascertained by 38,806
taking the value of all property subject to be listed on the 38,807
average basis, owned by such THE manufacturer on the last 38,809
business day of each month the manufacturer was engaged in 38,810
business during the year, adding the monthly values together, and
dividing the result by the number of months the manufacturer was 38,811
887
engaged in such business during the year. The result shall be 38,812
the average value to be listed. A 38,813
(B) A manufacturer shall also SHALL list all engines and 38,816
machinery, and tools and implements, of every kind used, or 38,817
designed to be used, in refining and manufacturing, and owned or 38,818
used by such THE manufacturer.
Sec. 5711.22. (A) Deposits not taxed at the source shall 38,827
be listed and assessed at their amount in dollars on the day they 38,828
are required to be listed. Moneys shall be listed and assessed 38,829
at the amount thereof in dollars on hand on the day that they are 38,830
required to be listed. In listing investments, the amount of the 38,831
income yield of each for the calendar year next preceding the 38,832
date of listing shall, except as otherwise provided in this 38,833
chapter, be stated in dollars and cents and the assessment 38,834
thereof shall be at the amount of such income yield; but any 38,835
property defined as investments in either division (A) or (B) of 38,836
section 5701.06 of the Revised Code that has not been outstanding 38,838
for the full calendar year next preceding the date of listing, 38,839
except shares of stock of like kind as other shares of the same 38,840
corporation outstanding for the full calendar year next preceding 38,841
the date of listing, or which has yielded no income during such 38,842
calendar year shall be listed and assessed as unproductive 38,843
investments, at their true value in money on the day that such 38,844
investments are required to be listed.
Credits and other taxable intangibles shall be listed and 38,846
assessed at their true value in money on the day as of which the 38,847
same are required to be listed. 38,848
Shares of stock of a bank holding company, as defined in 38,850
Title 12 U.S.C.A., section 1841, which THAT are required to be 38,851
listed for taxation under this division and upon which dividends 38,853
were paid during the year of their issuance, which dividends are 38,854
subject to taxation under the provisions of Chapter 5747. of the 38,855
Revised Code, shall be exempt from the intangibles tax for the 38,856
year immediately succeeding their issuance. If such shares bear 38,858
888
dividends the first calendar year after their issuance, which 38,859
dividends are subject to taxation under the provisions of Chapter 38,860
5747. of the Revised Code, it shall be deemed that the 38,861
nondelinquent intangible property tax pursuant to division (A) of 38,862
section 5707.04 of the Revised Code was paid on those dividends 38,863
paid that first calendar year after the issuance of the shares. 38,864
(B)(1) Boilers, machinery, equipment, and personal 38,866
property the true value of which is determined under division (B) 38,867
of section 5711.21 of the Revised Code shall be listed and 38,868
assessed at an amount equal to the sum of the products determined 38,869
under divisions (B)(1)(a), (b), and (c) of this section. 38,870
(a) Multiply the portion of the true value determined 38,872
under division (B)(1) of section 5711.21 of the Revised Code by 38,873
the assessment rate in division (E)(F) of this section; 38,875
(b) Multiply the portion of the true value determined 38,877
under division (B)(2) of section 5711.21 of the Revised Code by 38,878
the assessment rate in section 5727.111 of the Revised Code that 38,879
is applicable to the production equipment of an electric company; 38,880
(c) Multiply the portion of the true value determined 38,882
under division (B)(3) of section 5711.21 of the Revised Code by 38,883
the assessment rate in section 5727.111 of the Revised Code that 38,884
is applicable to the property of an electric company that is not 38,885
production equipment. 38,886
(2) Personal property leased to a public utility or 38,888
interexchange telecommunications company as defined in section 38,889
5727.01 of the Revised Code and used directly in the rendition of 38,890
a public utility service as defined in division (P) of section 38,891
5739.01 of the Revised Code shall be listed and assessed at the 38,892
same percentage of true value in money that such property is 38,893
required to be assessed by section 5727.111 of the Revised Code 38,894
if owned by the public utility or interexchange 38,895
telecommunications company. 38,896
(C)(1) Merchandise or an agricultural product shipped from 38,898
outside this state and held in this state in a warehouse or a 38,899
889
place of storage without further manufacturing or processing and 38,900
for storage only and for shipment outside this state, but that is 38,902
taxable because it does not qualify as "not used in business in 38,904
this state" under division (B)(1) or (2) of section 5701.08 of
the Revised Code, shall be listed and assessed at a rate of 38,905
twenty-five one-hundredths of its true value in money until 38,906
reduced in accordance with the following schedule: 38,907
(a) For any year, subtract five one-hundredths from the 38,909
rate at which such property was required to be listed and 38,910
assessed in the preceding year, if the total statewide collection 38,911
of all real and tangible personal property taxes for the second 38,913
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 38,914
year by more than the greater of four per cent or the rate of 38,915
increase from the third to the second preceding years in the 38,916
average consumer price index (all urban consumers, all items) 38,917
prepared by the bureau of labor statistics of the United States 38,918
department of labor;
(b) If no reduction in the assessment rate is made for a 38,920
year, the rate is the same as for the preceding year. 38,921
(2) Each year until the year the assessment rate equals 38,923
zero, the tax commissioner shall determine the assessment rate 38,924
required under this division and shall notify all county auditors 38,925
of that rate.
(3) Notwithstanding provisions to the contrary in division 38,927
(B) of section 5701.08 of the Revised Code, during and after the 38,928
year for which the assessment rate as calculated under this 38,929
division equals zero, any merchandise or agricultural product 38,930
shipped from outside this state and held in this state in any 38,931
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 38,932
shipment outside this state to any person for any purpose is not 38,933
used in business in this state for property tax purposes. 38,935
(D)(1) Merchandise or an agricultural product owned by a 38,937
890
qualified out-of-state person shipped from outside this state and 38,939
held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and 38,940
for shipment inside this state, but that is taxable because it 38,941
does not qualify as "not used in business in this state" under 38,942
division (B)(1) or (2) of section 5701.08 of the Revised Code, 38,945
shall be listed and assessed at a rate of twenty-five 38,946
one-hundredths of its true value in money until reduced in 38,947
accordance with the following schedule: 38,948
(a) For any year, subtract five one-hundredths from the 38,951
rate at which such property was required to be listed and 38,952
assessed in the preceding year, if the total statewide collection 38,953
of all real and tangible personal property taxes for the second 38,954
preceding year exceeded the total statewide collection of all 38,955
real and tangible personal property taxes for the third preceding 38,956
year by more than the greater of four per cent or the rate of 38,957
increase from the third to the second preceding years in the 38,958
average consumer price index (all urban consumers, all items) 38,959
prepared by the bureau of labor statistics of the United States 38,961
department of labor; 38,962
(b) If no reduction in the assessment rate is made for a 38,965
year, the rate is the same as for the preceding year. 38,966
(2) Each year until the year the assessment rate equals 38,968
zero, the tax commissioner shall determine the assessment rate 38,969
required under this division and shall notify all county auditors 38,971
of that rate.
(3) Notwithstanding provisions to the contrary in division 38,974
(B) of section 5701.08 of the Revised Code, during and after the 38,976
year for which the assessment rate as calculated under this 38,977
division equals zero, any merchandise or agricultural product 38,978
described in division (D)(1) of this section is not used in 38,980
business in this state for property tax purposes. 38,981
(4) As used in division (D) of this section: 38,984
(a) "Qualified out-of-state person" means a person that 38,987
891
does not own, lease, or use property, other than merchandise or 38,988
an agricultural product described in this division, in this 38,989
state, and does not have employees, agents, or representatives in 38,990
this state;
(b) "Public warehouse" means a warehouse in this state 38,993
that is not subject to the control of or under the supervision of 38,994
the owner of the merchandise or agricultural product stored in 38,995
it, or staffed by the owner's employees, and from which the 38,996
property is to be shipped inside this state. 38,997
(E) IN TAX YEAR 2002, PERSONAL PROPERTY VALUED PURSUANT TO 38,999
SECTION 5711.15 OF THE REVISED CODE AND PERSONAL PROPERTY 39,002
REQUIRED TO BE LISTED ON THE AVERAGE BASIS BY DIVISION (A) OF 39,004
SECTION 5711.16 OF THE REVISED CODE, EXCEPT PROPERTY DESCRIBED IN 39,006
DIVISION (C) OR (D) OF THIS SECTION, BUSINESS FIXTURES, AND 39,009
FURNITURE NOT HELD FOR SALE IN THE COURSE OF BUSINESS, SHALL BE 39,010
LISTED AND ASSESSED AT THE RATE OF TWENTY-FOUR PER CENT OF ITS 39,011
TRUE VALUE IN MONEY. EACH TAX YEAR THEREAFTER, THE ASSESSMENT
RATE SHALL BE REDUCED ONE PER CENT UNTIL IT EQUALS ZERO IN TAX 39,012
YEAR 2026. DURING AND AFTER TAX YEAR 2026, THE PROPERTY 39,013
DESCRIBED IN DIVISION (E) OF THIS SECTION SHALL NOT BE LISTED OR 39,014
ASSESSED FOR PROPERTY TAX PURPOSES.
(F) Unless otherwise provided by law, all other personal 39,016
property used in business that has not been legally regarded as 39,017
an improvement on land and considered in arriving at the value of 39,018
the real property assessed for taxation shall be listed and 39,019
assessed at the rate of twenty-five per cent of its true value in 39,021
money.
Sec. 5727.01. As used in this chapter: 39,030
(A) "Public utility" means each person referred to as a 39,032
telephone company, telegraph company, electric company, natural 39,033
gas company, pipe-line company, water-works company, water 39,034
transportation company, heating company, rural electric company, 39,035
or railroad company. 39,036
(B) "Gross receipts" means the entire receipts for 39,038
892
business done by any person from operation as a public utility, 39,039
or incidental thereto, or in connection therewith. The gross 39,040
receipts for business done by an incorporated company engaged in 39,041
operation as a public utility includes the entire receipts for 39,042
business done by such company under the exercise of its corporate 39,043
powers, whether from the operation as a public utility or from 39,044
any other business. 39,045
(C) "Rural electric company" means any nonprofit 39,047
corporation, organization, association, or cooperative engaged in 39,048
the business of supplying electricity to its members or persons 39,049
owning an interest therein in an area the major portion of which 39,050
is rural. 39,051
(D) Any person: 39,053
(1) Is a telegraph company when engaged in the business of 39,055
transmitting telegraphic messages to, from, through, or in this 39,056
state; 39,057
(2) Is a telephone company when primarily engaged in the 39,059
business of providing local exchange telephone service, excluding 39,060
cellular radio service, in this state; 39,061
(3) Is an electric company when engaged in the business of 39,063
generating, transmitting, or distributing electricity within this 39,064
state for use by others; 39,065
(4) Is a natural gas company when engaged in the business 39,067
of supplying natural gas for lighting, power, or heating purposes 39,068
to consumers within this state; 39,069
(5) Is a pipe-line company when engaged in the business of 39,071
transporting natural gas, oil, or coal or its derivatives through 39,072
pipes or tubing, either wholly or partially within this state; 39,073
(6) Is a water-works company when engaged in the business 39,075
of supplying water through pipes or tubing, or in a similar 39,076
manner, to consumers within this state; 39,077
(7) Is a water transportation company when engaged in the 39,079
transportation of passengers or property, by boat or other 39,080
watercraft, over any waterway, whether natural or artificial, 39,081
893
from one point within this state to another point within this 39,082
state, or between points within this state and points without 39,083
this state; 39,084
(8) Is a heating company when engaged in the business of 39,086
supplying water, steam, or air through pipes or tubing to 39,087
consumers within this state for heating purposes; 39,088
(9) Is a railroad company when engaged in the business of 39,090
owning or operating a railroad either wholly or partially within 39,091
this state on rights of way acquired and held exclusively by such 39,092
company, or otherwise, and includes a passenger, street, 39,093
suburban, or interurban railroad company. 39,094
As used in division (D)(2) of this section, "local exchange 39,096
telephone service" means making available or furnishing access 39,097
and a dial tone to all persons within a local calling area for 39,098
use in originating and receiving voice grade communications over 39,099
a switched network operated by the provider of the service within 39,100
the area and for gaining access to other telecommunication 39,101
services. 39,102
(E) "Taxable property" means the property required by 39,104
section 5727.06 of the Revised Code to be assessed by the tax 39,105
commissioner but does not include either of the following: 39,106
(1) An item of tangible personal property that for the 39,108
period subsequent to the effective date of an air, water, or 39,109
noise pollution control certificate and continuing so long as the 39,110
certificate is in force, has been certified as part of the 39,111
pollution control facility with respect to which the certificate 39,112
has been issued; 39,113
(2) An item of tangible personal property that during the 39,115
construction of a plant or facility and until the item is first 39,116
capable of operation, whether actually used in operation or not, 39,117
is incorporated in or being held exclusively for incorporation in 39,118
that plant or facility. 39,119
(F) "Taxing district" means a municipal corporation or 39,121
township, or part thereof, in which the aggregate rate of 39,122
894
taxation is uniform. 39,123
(G) "Telecommunications service" has the same meaning as 39,125
in division (AA) of section 5739.01 of the Revised Code. 39,126
(H) "Interexchange telecommunications company" means a 39,128
person that is engaged in the business of transmitting telephonic 39,129
messages to, from, through, or in this state, but that is not a 39,130
telephone company. 39,131
(I) "Sale and leaseback transaction" means a transaction 39,133
in which a public utility or interexchange telecommunications 39,134
company sells any tangible personal property to a person other 39,135
than a public utility or interexchange telecommunications company 39,136
and within the same calendar year leases that property back from 39,137
the buyer. 39,138
(J) "COMBINED ELECTRIC AND GAS COMPANY" MEANS A PERSON WHO 39,140
PRIMARILY ENGAGES IN THE ACTIVITIES OF AN ELECTRIC COMPANY, BUT 39,141
ALSO ENGAGES IN THE ACTIVITIES OF A NATURAL GAS COMPANY. 39,142
Sec. 5727.111. The taxable property of each public 39,151
utility, except a railroad company, and of each interexchange 39,152
telecommunications company shall be assessed at the following 39,153
percentages of true value: 39,154
(A) Fifty per cent in the case of a rural electric 39,156
company; 39,157
(B) In the case of a telephone or telegraph company, the 39,160
percentage provided under division (E)(F) of section 5711.22 of 39,161
the Revised Code for taxable property first subject to taxation 39,162
in this state for tax year 1995 or thereafter, and eighty-eight 39,163
per cent for all other taxable property;
(C) Eighty-eight per cent in the case of a natural gas or 39,165
pipe-line company; 39,166
(D) Eighty-eight per cent in the case of a water-works or 39,168
heating company; 39,169
(E) One hundred per cent in the case of the taxable 39,171
production equipment of an electric company; 39,172
(F) Eighty-eight per cent in the case of all taxable 39,174
895
personal property of an electric company, other than its 39,175
production equipment; 39,176
(G) The percentage provided under division (E)(F) of 39,179
section 5711.22 of the Revised Code in the case of an 39,180
interexchange telecommunications company; 39,181
(H) Twenty-five per cent in the case of a water 39,183
transportation company. 39,184
Sec. 5727.12. As used in this chapter, "property used in 39,193
railroad operations" means property used in or determined by the 39,194
tax commissioner to be held by a railroad for use in railroad 39,195
operations. In determining the true value of all real and 39,196
personal property owned or leased by each railroad company and 39,197
used in railroad operations, the commissioner shall use the 39,198
unitary method and value all of the property of the company's 39,199
railroad system as a whole, considering the factors generally 39,200
used in that method, and weighing each factor appropriately. The 39,201
true value of the property used in railroad operations shall be 39,202
apportioned to this state as provided in section 5727.14 of the 39,203
Revised Code. The commissioner shall separately determine the 39,204
true value of property owned by the company that the commissioner 39,206
determines is not used in railroad operations. The commissioner 39,207
may require the advice of county auditors concerning such values. 39,209
All property of a railroad shall be assessed for taxation 39,211
at the same percentage of true value at which all other real 39,212
property in this state is assessed, in the case of real property, 39,213
and at the percentage of true value provided under division 39,215
(E)(F) of section 5711.22 of the Revised Code, in the case of 39,216
personal property. 39,217
A determination of the value of each tract, lot, or parcel 39,219
of real property or each item of personal property not used in 39,220
railroad operations shall be considered a separate determination 39,221
with respect to which a separate petition for reassessment may be 39,222
filed under section 5727.47 of the Revised Code. 39,223
Where a line of railroad is subsidized under the terms of 39,225
896
the federal regional rail reorganization act or the federal rail 39,226
revitalization and regulatory reform act, the real and other 39,227
fixed property shall be assessed solely in the name of its owner. 39,228
Sec. 5727.24. FOR THE PURPOSE OF PROVIDING REVENUE TO MEET 39,231
THE NEEDS OF THE STATE, AN EXCISE TAX IS HEREBY LEVIED ON THE
GROSS RECEIPTS OF A NATURAL GAS COMPANY AND ON THE GROSS RECEIPTS 39,232
OF A COMBINED ELECTRIC AND GAS COMPANY FROM OPERATING AS A 39,233
NATURAL GAS COMPANY. THE TAX SHALL BE COMPUTED BY MULTIPLYING 39,235
THE GROSS RECEIPTS AS DETERMINED BY THE TAX COMMISSIONER UNDER 39,236
SECTION 5727.33 OF THE REVISED CODE BY FOUR AND THREE-FOURTHS PER 39,238
CENT. A COMBINED ELECTRIC AND GAS COMPANY SHALL BE SUBJECT TO 39,239
THIS TAX ON ANY GROSS RECEIPTS DERIVED FROM OPERATING AS A
NATURAL GAS COMPANY, AND SHALL BE SUBJECT TO THE TAX IMPOSED BY 39,240
SECTION 5727.30 OF THE REVISED CODE FOR ALL OTHER GROSS RECEIPTS, 39,241
EXCLUDING THE GROSS RECEIPTS SUBJECT TO THE TAX IMPOSED BY THIS 39,242
SECTION.
Sec. 5727.25. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 39,245
THIS SECTION, WITHIN FORTY-FIVE DAYS AFTER THE LAST DAY OF MARCH, 39,247
JUNE, SEPTEMBER, AND DECEMBER, EACH NATURAL GAS COMPANY OR 39,249
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE EXCISE TAX 39,251
IMPOSED BY SECTION 5727.24 OF THE REVISED CODE SHALL FILE A 39,252
RETURN WITH THE TREASURER OF STATE, IN SUCH FORM AS THE TAX 39,253
COMMISSIONER PRESCRIBES, AND PAY THE FULL AMOUNT OF THE TAX DUE 39,254
FOR THE PRECEDING CALENDAR QUARTER, EXCEPT THAT THE FIRST PAYMENT 39,255
OF THIS TAX SHALL BE MADE ON OR BEFORE NOVEMBER 15, 2000, FOR THE 39,256
FIVE-MONTH PERIOD OF MAY 1, 2000, TO SEPTEMBER 30, 2000. 39,257
THEREAFTER, PAYMENTS SHALL BE MADE QUARTERLY IN ACCORDANCE WITH 39,258
THIS DIVISION. ALL PAYMENTS MADE UNDER THIS DIVISION SHALL BE 39,259
MADE BY ELECTRONIC FUNDS TRANSFER IN ACCORDANCE WITH SECTION 39,260
5727.311 OF THE REVISED CODE. 39,261
(B) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 39,263
COMPANY SUBJECT TO THE EXCISE TAX IMPOSED BY THIS SECTION THAT 39,265
HAS AN ANNUAL TAX LIABILITY FOR THE YEAR ENDING ON THE 39,266
THIRTY-FIRST DAY OF DECEMBER OF LESS THAN THREE HUNDRED 39,268
897
TWENTY-FIVE THOUSAND DOLLARS SHALL FILE AN ANNUAL RETURN WITH THE 39,269
TREASURER OF STATE, IN SUCH FORM AS THE TAX COMMISSIONER
PRESCRIBES, FOR THE NEXT YEAR AND REMIT THE TAXES DUE FOR THAT 39,270
YEAR WITHIN FORTY-FIVE DAYS AFTER THE THIRTY-FIRST DAY OF 39,271
DECEMBER. THE FIRST PAYMENT OF THE TAX UNDER THIS DIVISION SHALL 39,273
BE MADE ON OR BEFORE FEBRUARY 14, 2001, FOR THE YEAR ENDING 39,274
DECEMBER 31, 2000. THE MINIMUM TAX FOR A NATURAL GAS COMPANY OR 39,275
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THIS DIVISION SHALL 39,276
BE TEN DOLLARS, AND THE COMPANY SHALL NOT BE REQUIRED TO REMIT 39,277
THE TAX DUE BY ELECTRONIC FUNDS TRANSFER. 39,279
(C) A RETURN REQUIRED TO BE FILED UNDER DIVISION (A) OR 39,282
(B) OF THIS SECTION SHALL SHOW THE AMOUNT OF TAX DUE FROM THE 39,283
COMPANY FOR THE PERIOD COVERED BY THE RETURN AND ANY OTHER 39,284
INFORMATION AS PRESCRIBED BY THE TAX COMMISSIONER. A RETURN 39,285
SHALL BE CONSIDERED FILED WHEN RECEIVED BY THE TREASURER OF 39,286
STATE. THE COMMISSIONER MAY EXTEND THE TIME FOR MAKING AND 39,287
FILING RETURNS AND PAYING THE TAX. 39,288
(D) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 39,290
COMPANY THAT FAILS TO FILE A RETURN OR PAY THE FULL AMOUNT OF THE 39,291
TAX DUE WITHIN THE PERIOD PRESCRIBED UNDER THIS SECTION SHALL PAY 39,292
AN ADDITIONAL CHARGE OF FIFTY DOLLARS OR TEN PER CENT OF THE TAX 39,293
REQUIRED TO BE PAID FOR THE REPORTING PERIOD, WHICHEVER IS 39,294
GREATER. IF ANY TAX DUE IS NOT PAID TIMELY IN ACCORDANCE WITH 39,295
THIS SECTION, THE COMPANY LIABLE FOR THE TAX SHALL PAY INTEREST, 39,296
CALCULATED AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF 39,297
THE REVISED CODE, FROM THE DATE THE TAX PAYMENT WAS DUE TO THE 39,298
DATE OF PAYMENT OR TO THE DATE AN ASSESSMENT WAS ISSUED, 39,299
WHICHEVER OCCURS FIRST. THE TAX COMMISSIONER MAY COLLECT ANY 39,300
ADDITIONAL CHARGE OR INTEREST IMPOSED BY THIS SECTION BY 39,301
ASSESSMENT IN THE MANNER PROVIDED IN SECTION 5727.26 OF THE 39,302
REVISED CODE. THE COMMISSIONER MAY ABATE ALL OR A PORTION OF THE 39,303
ADDITIONAL CHARGE AND MAY ADOPT RULES GOVERNING SUCH ABATEMENTS. 39,304
(E) THE TAXES, ADDITIONAL CHARGES, PENALTIES, AND INTEREST 39,306
COLLECTED UNDER SECTIONS 5727.24 TO 5727.29 SHALL BE CREDITED IN 39,307
898
ACCORDANCE WITH SECTION 5727.45 OF THE REVISED CODE. 39,308
Sec. 5727.26. (A) THE TAX COMMISSIONER MAY MAKE AN 39,311
ASSESSMENT, BASED ON ANY INFORMATION IN THE COMMISSIONER'S 39,312
POSSESSION, AGAINST ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC 39,314
AND GAS COMPANY THAT FAILS TO FILE A RETURN OR PAY ANY TAX,
INTEREST, OR ADDITIONAL CHARGE AS REQUIRED BY SECTIONS 5727.24 TO 39,316
5727.29 OF THE REVISED CODE. THE COMMISSIONER SHALL GIVE THE 39,318
COMPANY ASSESSED WRITTEN NOTICE OF THE ASSESSMENT BY PERSONAL 39,319
SERVICE OR CERTIFIED MAIL. A PENALTY OF UP TO FIFTEEN PER CENT 39,320
MAY BE ADDED TO ALL AMOUNTS ASSESSED UNDER THIS SECTION. THE TAX 39,321
COMMISSIONER MAY ADOPT RULES PROVIDING FOR THE REMISSION OF THE 39,322
PENALTY.
(B) IF A PARTY TO WHOM THE NOTICE OF ASSESSMENT IS 39,324
DIRECTED OBJECTS TO THE ASSESSMENT, THE PARTY MAY FILE A PETITION 39,325
FOR REASSESSMENT WITH THE TAX COMMISSIONER. THE PETITION MUST BE 39,326
MADE IN WRITING, SIGNED BY THE PARTY OR THE PARTY'S AUTHORIZED 39,327
AGENT HAVING KNOWLEDGE OF THE FACTS, AND FILED WITH THE 39,328
COMMISSIONER, EITHER PERSONALLY OR BY CERTIFIED MAIL, WITHIN 39,329
THIRTY DAYS AFTER SERVICE OF THE NOTICE OF ASSESSMENT. THE 39,330
PETITION SHALL INDICATE THE OBJECTIONS OF THE COMPANY ASSESSED, 39,331
BUT ADDITIONAL OBJECTIONS MAY BE RAISED IN WRITING IF RECEIVED 39,332
PRIOR TO THE DATE SHOWN ON THE FINAL DETERMINATION OF THE 39,333
COMMISSIONER. UPON RECEIPT OF A PROPERLY FILED PETITION, THE 39,334
COMMISSIONER SHALL NOTIFY THE TREASURER OF STATE. 39,335
UNLESS THE PETITIONER WAIVES A HEARING, THE COMMISSIONER 39,337
SHALL GRANT THE PETITIONER A HEARING ON THE PETITION, ASSIGN A 39,338
TIME AND PLACE FOR THE HEARING, AND NOTIFY THE PETITIONER OF THE 39,339
TIME AND PLACE OF THE HEARING, BY PERSONAL SERVICE OR CERTIFIED 39,340
MAIL. THE COMMISSIONER MAY CONTINUE THE HEARING FROM TIME TO 39,341
TIME, IF NECESSARY.
IF THE PARTY TO WHOM THE NOTICE OF ASSESSMENT IS DIRECTED 39,343
DOES NOT FILE A PETITION FOR REASSESSMENT, THE ASSESSMENT IS 39,344
FINAL AND THE AMOUNT OF THE ASSESSMENT IS DUE AND PAYABLE FROM 39,345
THE COMPANY ASSESSED TO THE TREASURER OF STATE. 39,346
899
(C) THE TAX COMMISSIONER MAY MAKE ANY CORRECTION TO THE 39,348
ASSESSMENT THAT THE COMMISSIONER FINDS PROPER AND SHALL ISSUE A 39,349
FINAL DETERMINATION THEREON. THE COMMISSIONER SHALL SERVE A COPY 39,350
OF THE FINAL DETERMINATION ON THE PETITIONER EITHER BY PERSONAL 39,351
SERVICE OR CERTIFIED MAIL, AND THE COMMISSIONER'S DECISION IN THE 39,352
MATTER IS FINAL, SUBJECT TO APPEAL UNDER SECTION 5717.02 OF THE 39,354
REVISED CODE. THE COMMISSIONER ALSO SHALL TRANSMIT A COPY OF THE 39,355
FINAL DETERMINATION TO THE TREASURER OF STATE. ONLY OBJECTIONS 39,356
DECIDED ON THE MERITS BY THE BOARD OF TAX APPEALS OR A COURT 39,357
SHALL BE GIVEN COLLATERAL ESTOPPEL OR RES JUDICATA EFFECT IN 39,359
CONSIDERING AN APPLICATION FOR REFUND OF AN AMOUNT PAID PURSUANT 39,360
TO THE ASSESSMENT.
(D) AFTER AN ASSESSMENT BECOMES FINAL, IF ANY PORTION OF 39,362
THE ASSESSMENT, INCLUDING ACCRUED INTEREST, REMAINS UNPAID, A 39,363
CERTIFIED COPY OF THE TAX COMMISSIONER'S ENTRY MAKING THE 39,364
ASSESSMENT FINAL MAY BE FILED IN THE OFFICE OF THE CLERK OF THE 39,365
COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE NATURAL GAS 39,366
COMPANY'S OR COMBINED ELECTRIC AND GAS COMPANY'S PRINCIPAL PLACE 39,367
OF BUSINESS IS LOCATED, OR IN THE OFFICE OF THE CLERK OF COURT OF 39,368
COMMON PLEAS OF FRANKLIN COUNTY. 39,369
THE CLERK, IMMEDIATELY ON THE FILING OF THE ENTRY, MUST 39,371
ENTER JUDGMENT FOR THE STATE AGAINST THE COMPANY ASSESSED IN THE 39,372
AMOUNT SHOWN ON THE ENTRY. THE JUDGMENT MAY BE FILED BY THE 39,373
CLERK IN A LOOSE-LEAF BOOK ENTITLED, "SPECIAL JUDGMENTS FOR THE 39,374
PUBLIC UTILITY EXCISE TAX ON NATURAL GAS AND COMBINED ELECTRIC 39,375
AND GAS COMPANIES," AND SHALL HAVE THE SAME EFFECT AS OTHER 39,376
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT AT THE 39,377
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 39,378
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT. 39,379
THE PORTION OF THE ASSESSMENT NOT PAID WITHIN THIRTY DAYS 39,381
AFTER THE DAY THE ASSESSMENT WAS ISSUED SHALL BEAR INTEREST AT 39,382
THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED 39,383
CODE FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT 39,385
UNTIL IT IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS 39,386
900
THE TAX AND MAY BE COLLECTED BY THE ISSUANCE OF AN ASSESSMENT 39,388
UNDER THIS SECTION.
(E) IF THE TAX COMMISSIONER BELIEVES THAT COLLECTION OF 39,390
THE TAX WILL BE JEOPARDIZED UNLESS PROCEEDINGS TO COLLECT OR 39,391
SECURE COLLECTION OF THE TAX ARE INSTITUTED WITHOUT DELAY, THE 39,392
COMMISSIONER MAY ISSUE A JEOPARDY ASSESSMENT AGAINST THE PERSON 39,393
LIABLE FOR THE TAX. ON ISSUANCE OF THE JEOPARDY ASSESSMENT, THE 39,394
COMMISSIONER IMMEDIATELY SHALL FILE AN ENTRY WITH THE CLERK OF 39,395
THE COURT OF COMMON PLEAS IN THE MANNER PRESCRIBED BY DIVISION 39,396
(D) OF THIS SECTION. NOTICE OF THE JEOPARDY ASSESSMENT SHALL BE 39,397
SERVED ON THE PARTY ASSESSED OR THE PARTY'S LEGAL REPRESENTATIVE 39,398
WITHIN FIVE DAYS OF THE FILING OF THE ENTRY WITH THE CLERK. THE
TOTAL AMOUNT ASSESSED IS IMMEDIATELY DUE AND PAYABLE, UNLESS THE 39,399
PERSON ASSESSED FILES A PETITION FOR REASSESSMENT IN ACCORDANCE 39,400
WITH DIVISION (B) OF THIS SECTION AND PROVIDES SECURITY IN A FORM 39,401
SATISFACTORY TO THE COMMISSIONER AND IN AN AMOUNT SUFFICIENT TO 39,402
SATISFY THE UNPAID BALANCE OF THE ASSESSMENT. FULL OR PARTIAL 39,403
PAYMENT OF THE ASSESSMENT DOES NOT PREJUDICE THE COMMISSIONER'S
CONSIDERATION OF THE PETITION FOR REASSESSMENT. 39,404
(F) ALL INTEREST COLLECTED BY THE TAX COMMISSIONER UNDER 39,406
THIS SECTION SHALL BE PAID TO THE TREASURER OF STATE, AND WHEN 39,407
PAID SHALL BE CONSIDERED REVENUE ARISING FROM THE TAX IMPOSED BY 39,408
SECTION 5727.24 OF THE REVISED CODE. 39,409
(G) NO ASSESSMENT SHALL BE MADE OR ISSUED AGAINST A 39,411
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY FOR THE 39,412
TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE MORE THAN FOUR 39,413
YEARS AFTER THE RETURN DATE FOR THE PERIOD IN WHICH THE TAX WAS 39,414
REPORTED, OR MORE THAN FOUR YEARS AFTER THE RETURN FOR THE PERIOD 39,415
WAS FILED, WHICHEVER IS LATER. 39,416
Sec. 5727.27. EVERY NATURAL GAS COMPANY OR COMBINED 39,419
ELECTRIC AND GAS COMPANY LIABLE FOR THE TAX IMPOSED BY SECTION 39,420
5727.24 OF THE REVISED CODE SHALL KEEP COMPLETE AND ACCURATE 39,422
RECORDS AS PRESCRIBED BY THE TAX COMMISSIONER. THE RECORDS SHALL 39,423
BE PRESERVED FOR FOUR YEARS AFTER THE RETURN FOR THE TAX TO WHICH 39,425
901
THE RECORDS PERTAIN IS DUE OR FILED, WHICHEVER IS LATER. THE 39,426
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY SHALL
MAKE THE RECORDS AVAILABLE FOR INSPECTION BY THE COMMISSIONER OR 39,427
THE COMMISSIONER'S AGENT, ON THE REQUEST OF THE COMMISSIONER OR 39,428
AGENT. 39,429
Sec. 5727.28. (A) THE TREASURER OF STATE SHALL REFUND TO 39,432
A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY 39,433
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 39,435
CODE, THE AMOUNT OF TAX PAID ILLEGALLY OR ERRONEOUSLY, OR PAID ON 39,436
AN ILLEGAL OR ERRONEOUS ASSESSMENT. APPLICATIONS FOR A REFUND 39,437
SHALL BE FILED WITH THE TAX COMMISSIONER, ON A FORM PRESCRIBED BY 39,438
THE COMMISSIONER, WITHIN FOUR YEARS OF THE ILLEGAL OR ERRONEOUS 39,439
PAYMENT OF THE TAX. 39,440
ON THE FILING OF THE APPLICATION FOR A REFUND, THE 39,442
COMMISSIONER SHALL DETERMINE THE AMOUNT OF REFUND DUE AND CERTIFY 39,443
THAT AMOUNT TO THE DIRECTOR OF BUDGET AND MANAGEMENT AND 39,444
TREASURER OF STATE FOR PAYMENT FROM THE TAX REFUND FUND UNDER 39,445
SECTION 5703.052 OF THE REVISED CODE. IF THE APPLICATION FOR 39,446
REFUND IS FOR TAXES PAID ON AN ILLEGAL OR ERRONEOUS ASSESSMENT, 39,447
THE TAX COMMISSIONER SHALL INCLUDE IN THE CERTIFIED AMOUNT 39,448
INTEREST CALCULATED AT THE RATE PER ANNUM PRESCRIBED UNDER 39,449
SECTION 5703.47 OF THE REVISED CODE FROM THE DATE OF OVERPAYMENT 39,450
TO THE DATE OF THE COMMISSIONER'S CERTIFICATION. 39,451
(B) IF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 39,453
COMPANY ENTITLED TO A REFUND OF TAXES UNDER THIS SECTION IS 39,454
INDEBTED TO THE STATE FOR ANY TAX OR FEE ADMINISTERED BY THE TAX
COMMISSIONER THAT IS PAID TO THE STATE OR ANY CHARGE, PENALTY, OR 39,455
INTEREST ARISING FROM SUCH A TAX OR FEE, THE AMOUNT REFUNDABLE 39,456
MAY BE APPLIED IN SATISFACTION OF THAT DEBT. IF THE AMOUNT 39,457
REFUNDABLE IS LESS THAN THE AMOUNT OF THE DEBT, IT MAY BE APPLIED 39,458
IN PARTIAL SATISFACTION OF THE DEBT. IF THE AMOUNT REFUNDABLE IS 39,459
GREATER THAN THE AMOUNT OF THE DEBT, THE AMOUNT REMAINING AFTER 39,460
SATISFACTION OF THE DEBT SHALL BE REFUNDED. 39,461
(C) IN LIEU OF GRANTING A REFUND UNDER DIVISION (A) OR (B) 39,464
902
OF THIS SECTION, THE TAX COMMISSIONER MAY ALLOW A NATURAL GAS 39,465
COMPANY OR COMBINED ELECTRIC AND GAS COMPANY TO CLAIM A CREDIT OF 39,466
THE AMOUNT OF THE TAX REFUND ON THE RETURN FOR THE PERIOD DURING 39,467
WHICH THE TAX BECAME REFUNDABLE. THE COMMISSIONER MAY REQUIRE 39,468
THE COMPANY TO SUBMIT INFORMATION TO SUPPORT A CLAIM FOR A CREDIT 39,469
UNDER THIS DIVISION, AND THE COMMISSIONER MAY DISALLOW THE CREDIT 39,470
IF THE INFORMATION IS NOT PROVIDED. 39,471
Sec. 5727.29. (A) NATURAL GAS COMPANIES AND COMBINED 39,474
ELECTRIC AND GAS COMPANIES SHALL BE ENTITLED TO A REFUNDABLE 39,475
CREDIT EQUAL TO THE FOLLOWING: 39,476
(1) FOR NATURAL GAS COMPANIES, THE SUM OF THE THREE 39,478
PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS MADE PURSUANT TO 39,479
SECTION 5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 39,480
1999, AND ON OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000; 39,482
(2) FOR COMBINED ELECTRIC AND GAS COMPANIES, THE SUM OF 39,484
THE THREE PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS DERIVED 39,485
FROM OPERATING AS A NATURAL GAS COMPANY MADE PURSUANT TO SECTION 39,486
5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 1999, AND ON 39,489
OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000. TO CALCULATE THE 39,491
CREDIT ALLOWED UNDER DIVISION (A)(2) OF THIS SECTION, EACH 39,492
COMBINED ELECTRIC AND GAS COMPANY SHALL FILE A SEPARATE REPORT AS 39,493
PRESCRIBED BY THE TAX COMMISSIONER SEGREGATING GROSS RECEIPTS 39,494
FROM OPERATING AS AN ELECTRIC COMPANY AND GROSS RECEIPTS FROM 39,495
OPERATING AS A NATURAL GAS COMPANY, FOR THE PERIOD ENDING APRIL 39,496
30, 2000.
(B) NATURAL GAS COMPANIES AND COMBINED ELECTRIC AND GAS 39,498
COMPANIES SHALL CLAIM ONE-FORTIETH OF THE CREDIT CALCULATED UNDER 39,499
DIVISION (A) OF THIS SECTION ON EACH RETURN FILED UNDER DIVISION 39,501
(A) OF SECTION 5727.25 OF THE REVISED CODE UNTIL THE FULL AMOUNT 39,503
OF THE CREDIT IS CLAIMED. THE CREDIT FIRST MAY BE CLAIMED ON THE
RETURN FILED ON OR BEFORE NOVEMBER 15, 2001, PURSUANT TO DIVISION 39,505
(A) OF SECTION 5727.25 OF THE REVISED CODE. IF THE CREDIT 39,507
ALLOWED UNDER THIS SECTION EXCEEDS THE TOTAL TAXES DUE FOR ANY
QUARTER, THE TAX COMMISSIONER SHALL REFUND OR CREDIT THE EXCESS 39,508
903
IN ACCORDANCE WITH SECTION 5727.28 OF THE REVISED CODE. 39,510
(C) IF THE EXCISE TAX IMPOSED BY SECTION 5727.24 OF THE 39,513
REVISED CODE IS REPEALED OR AMENDED, NATURAL GAS COMPANIES AND 39,514
COMBINED ELECTRIC AND GAS COMPANIES AND THEIR SUCCESSORS AND 39,515
ASSIGNS SHALL BE ALLOWED TO APPLY THE CREDIT ALLOWED UNDER THIS 39,517
SECTION TO ANY OTHER TAX, ADDITIONAL CHARGE, PENALTY, INTEREST, 39,518
OR FEE ADMINISTERED BY THE TAX COMMISSIONER. UNDER NO 39,519
CIRCUMSTANCES SHALL PAYMENT OF THE REFUNDABLE CREDIT GRANTED BY 39,520
THIS SECTION BE ACCELERATED.
Sec. 5727.30. Each public utility, except railroad 39,530
companies AND NATURAL GAS COMPANIES, shall be subject to an 39,533
annual excise tax, as provided by sections 5727.31 to 5727.62 of
the Revised Code, for the privilege of owning property in this 39,534
state or doing business in this state during the twelve-month 39,535
period next succeeding the period upon which the tax is based. 39,536
The tax shall be imposed against each such public utility which 39,538
THAT, on the first day of such twelve-month period, owns property 39,541
in this state or is doing business in this state, and the lien
for the tax, including any penalties and interest accruing 39,543
thereon, shall attach on such day to the property of the public 39,544
utility in this state.
Sec. 5727.31. (A) Each public utility, except railroad 39,554
companies, doing business or owning property in this state shall 39,555
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED 39,556
CODE, annually, on or before the first day of August, SHALL file 39,557
with the tax commissioner a statement in such form as the 39,558
commissioner prescribes. 39,559
(B)(1) Annually, on or before the fifteenth day of October 39,561
of the current year, each public utility subject to the excise 39,562
taxes levied by this chapter whose estimated excise taxes for the 39,563
current year as based upon the statement required to be filed in 39,564
that year by division (A) of this section are, in the case of a 39,565
public utility other than a natural gas company, one thousand 39,566
dollars or more, or are, in the case of a natural gas company, 39,567
904
three hundred twenty-five thousand dollars or more, shall file 39,568
with the treasurer of state a report, in such form as the tax 39,569
commissioner prescribes, showing the amount of excise tax 39,570
estimated to be charged or levied pursuant to law for the current 39,571
year upon the basis of such annual statement, and shall remit a 39,572
portion of the estimated excise taxes shown to be due by the 39,573
report. The portion of the estimated excise taxes due at the 39,574
time the report is filed shall be one-third of its total excise 39,575
taxes estimated to be charged or levied for the current year 39,576
based upon the annual statement filed under division (A) of this 39,577
section. 39,578
(2) Annually, on or before the first day of March and 39,580
June, each public utility subject to the excise taxes levied by 39,581
this chapter whose excise taxes as based upon its last preceding 39,582
annual statement filed under division (A) of this section prior 39,583
to the first day of January were, in the case of a public utility 39,584
other than a natural gas company, one thousand dollars or more, 39,585
or were, in the case of a natural gas company, three hundred 39,586
twenty-five thousand dollars or more, shall file with the 39,587
treasurer of state a report, in such form as the tax commissioner 39,588
prescribes, showing the amount of excise tax charged or levied 39,589
pursuant to law upon the basis of such annual statement, and 39,590
shall remit a portion of the excise taxes shown to be due by each 39,591
such report. The portion of the excise taxes due at the time 39,592
each such report is filed shall be one-third of its total excise 39,593
taxes so charged or levied based upon such annual statement. 39,594
(C) Any public utility subject to the excise taxes imposed 39,596
by this chapter SECTION 5727.30 OF THE REVISED CODE whose tax as 39,597
certified under section 5727.38 of the Revised Code in a year 39,599
equals or exceeds the amount specified for that year in section 39,600
5727.311 of the Revised Code shall make the payments required 39,601
under this section in the second ensuing and each succeeding year 39,602
in the manner prescribed by section 5727.311 of the Revised Code, 39,603
except as otherwise prescribed by that section. 39,604
905
(D)(1) For purposes of this section, a report required to 39,606
be filed under division (B) of this section is considered filed 39,607
when it is received by the treasurer of state. 39,608
(2) For purposes of this section and sections 5727.311 and 39,610
5727.42 of the Revised Code, remittance of an excise tax required 39,611
to be made under this section is considered to be made when the 39,612
remittance is received by the treasurer of state, or when 39,613
credited to an account designated by the treasurer of state for 39,614
the receipt of tax remittances. 39,615
Sec. 5727.311. (A) Any public utility subject to an 39,625
excise tax imposed by this chapter SECTION 5727.30 OF THE REVISED 39,626
CODE whose tax as certified by the tax commissioner under section 39,628
5727.38 of the Revised Code in the year indicated in the 39,629
following schedule equals or exceeds the amount indicated for 39,630
that year in the schedule FIFTY THOUSAND DOLLARS shall make each 39,632
payment required under division (B) of section 5727.31 of the 39,633
Revised Code for the second ensuing and each succeeding year by 39,634
electronic funds transfer as prescribed by division (B) of this 39,635
section. Year for which 39,636
tax was certified 1992 1993 and 39,637
thereafter
Amount of tax $100,000 $50,000 39,638
certified
If the tax certified by the tax commissioner in each of two 39,640
consecutive years beginning with 1993 is less than fifty thousand 39,641
dollars, the public utility is relieved of the requirement to 39,642
remit taxes by electronic funds transfer for the year that next 39,643
follows the second of the consecutive years in which the tax 39,644
certified is less than fifty thousand dollars, and is relieved of 39,645
that requirement for each succeeding year unless the tax 39,646
certified in a subsequent year equals or exceeds fifty thousand 39,647
dollars. The 39,648
(B) THE tax commissioner shall notify each public utility 39,650
906
required BY THIS SECTION OR SECTION 5727.25 OF THE REVISED CODE 39,651
to remit taxes by electronic funds transfer of the public 39,653
utility's obligation to do so, shall maintain an updated list of 39,654
those public utilities, and shall timely certify the list and any 39,655
additions thereto or deletions therefrom to the treasurer of 39,656
state. Failure by the tax commissioner to notify a public
utility subject to this section to remit taxes by electronic 39,657
funds transfer does not relieve the public utility of its 39,658
obligation to remit taxes by electronic funds transfer. 39,659
(B)(C) Public utilities required by this section OR 39,661
SECTION 5727.25 OF THE REVISED CODE to remit periodic payments by 39,663
electronic funds transfer shall remit such payments to the 39,664
treasurer of state in the manner prescribed by rules adopted by 39,665
the treasurer under section 113.061 of the Revised Code. The 39,666
payment of public utility excise taxes by electronic funds 39,667
transfer does not affect a public utility's obligation to file 39,668
the annual statement and periodic reports in the manner and at 39,669
the times prescribed by section 5727.31 of the Revised Code. 39,670
A public utility required by this section to remit taxes by 39,672
electronic funds transfer may apply to the treasurer of state in 39,673
the manner prescribed by the treasurer OF STATE to be excused 39,674
from that requirement. The treasurer of state may excuse the 39,675
public utility from remittance by electronic funds transfer for 39,676
good cause shown for the period of time requested by the public 39,677
utility or for a portion of that period. The treasurer OF STATE 39,678
shall notify the tax commissioner and the public utility of the 39,679
treasurer's TREASURER OF STATE'S decision as soon as is 39,680
practicable. 39,681
(C)(D) If a public utility required by this section OR 39,683
SECTION 5727.25 OF THE REVISED CODE to remit taxes by electronic 39,685
funds transfer remits those taxes by some means other than by 39,686
electronic funds transfer as prescribed by this section and the 39,687
rules adopted by the treasurer of state, and the treasurer OF 39,688
STATE determines that the failure to remit taxes as required was 39,689
907
not due to reasonable cause or was due to willful neglect, the 39,690
treasurer OF STATE may impose an additional charge on the public 39,691
utility equal to five per cent of the amount of the taxes
required to be paid by electronic funds transfer, but not to 39,692
exceed five thousand dollars. Any additional charge imposed 39,693
under this section is in addition to any other penalty or charge 39,694
imposed under this chapter, and shall be considered as revenue 39,695
arising from excise taxes imposed by this chapter. 39,696
No additional charge shall be assessed under this division 39,698
against a public utility that has been notified of its obligation 39,699
to remit taxes under this section and that remits its first two 39,700
tax payments after such notification by some means other than 39,701
electronic funds transfer. The additional charge may be assessed 39,702
upon the remittance of any subsequent tax payment that the public 39,703
utility remits by some means other than electronic funds 39,704
transfer. 39,705
Sec. 5727.32. The statement required by section 5727.31 of 39,715
the Revised Code for the purpose of the public utility excise tax 39,716
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE shall contain: 39,718
(A) The name of the company; 39,720
(B) The nature of the company, whether a person, 39,722
association, or corporation, and under the laws of what state or 39,723
country organized; 39,724
(C) The location of its principal office; 39,726
(D) The name and post-office address of the president, 39,728
secretary, auditor, treasurer, and superintendent or general 39,729
manager; 39,730
(E) The name and post-office address of the chief officer 39,732
or managing agent of the company in this state; 39,733
(F) The amount of the excise taxes paid or to be paid with 39,735
the reports made during the current calendar year as provided by 39,736
section 5727.31 of the Revised Code; 39,737
(G) In the case of telegraph and telephone companies: 39,739
(1) The gross receipts from all sources, whether messages, 39,741
908
telephone tolls, rentals, or otherwise, for business done within 39,742
this state, including all sums earned or charged, whether 39,743
actually received or not, for the year ending on the thirtieth 39,744
day of June, and the company's proportion of gross receipts for 39,745
business done by it within this state in connection with other 39,746
companies, firms, corporations, persons, or associations, but 39,747
excluding all of the following: 39,748
(a) All of the receipts derived wholly from interstate 39,750
business or business done for or with the federal government; 39,751
(b) The receipts of amounts billed on behalf of other 39,753
entities; 39,754
(c) The receipts from sales to other telephone companies 39,756
for resale; 39,757
(d) For the year ending June 30, 1990, and each subsequent 39,759
year, THE receipts from sales to providers of telecommunications 39,760
service for resale, receipts from incoming or outgoing wide area 39,761
transmission service or wide area transmission type service, 39,762
including eight hundred or eight-hundred-type service, and 39,763
receipts from private communications service. 39,764
As used in this division, "receipts from sales to other 39,766
telephone companies for resale" and "receipts from sales to 39,767
providers of telecommunications service for resale" include, but 39,768
are not limited to, receipts of carrier access charges. "Carrier 39,769
access charges" means compensation paid to the taxpayer telephone 39,770
company by another telephone company or by a provider of 39,771
telecommunications service for the use of the taxpayer's 39,772
facilities to originate or terminate telephone calls or 39,773
telecommunications service. 39,774
(2) The total gross receipts for such period from business 39,776
done within this state. 39,777
(H) In the case of all public utilities, except NATURAL 39,779
GAS COMPANIES AND telegraph and telephone companies: 39,781
(1) The gross receipts of the company, actually received, 39,783
from all sources for business done within this state for the year 39,784
909
next preceding the first day of May, including the company's 39,785
proportion of gross receipts for business done by it within this 39,786
state in connection with other companies, firms, corporations, 39,787
persons, or associations, but excluding all of the following: 39,788
(a) Receipts from interstate business or business done for 39,790
the federal government; 39,791
(b) Receipts from sales to other public utilities for 39,793
resale, provided such other public utility is required to file a 39,794
statement pursuant to section 5727.31 of the Revised Code; 39,795
(c) For the year ending April 30, 1990, and each 39,797
subsequent year, receipts RECEIPTS from the transmission or 39,798
delivery of electricity to or for a rural electric company, 39,800
provided that the electricity that has been so transmitted or 39,801
delivered is for resale by the rural electric company; 39,802
(d) Receipts of an electric company, derived from the 39,804
provision of electricity and other services to a qualified former 39,805
owner of the production facilities which THAT generated the 39,806
electricity from which those receipts were derived. As used in 39,807
this division, a "qualified former owner" means a person who 39,808
meets both of the following conditions: 39,809
(i) On or before October 11, 1991, the person had sold to 39,811
an electric company part of the production facility at which the 39,812
electricity is generated, and, for at least twenty years prior to 39,813
that sale, the facility was used to generate electricity, but it 39,814
was not owned in whole or in part during that period by an 39,815
electric company. 39,816
(ii) At the time the electric company provided the 39,818
electricity or other services for which the exclusion is claimed, 39,819
the person, or a successor or assign of the person, owned not 39,820
less than a twenty per cent ownership of the production facility 39,821
and the rights to not less than twenty per cent of the production 39,822
of that facility; and the person, or a successor or assign of the 39,823
person, engaged primarily in a business other than providing 39,824
electricity to others. 39,825
910
(e) Receipts of a natural COMBINED ELECTRIC AND gas 39,827
company of amounts billed on behalf of other entities. 39,829
Transportation and billing and collection fees charged to other 39,830
entities shall be included in the gross receipts of DERIVED FROM
OPERATING AS a natural gas company IF THE RECEIPTS ARE SUBJECT TO 39,831
THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE. 39,832
(2) The total gross receipts of such company for such 39,834
period in this state from business done within the state. 39,835
The reports required by section 5727.31 of the Revised Code 39,837
shall contain: 39,838
(a) The name and principal mailing address of the company; 39,840
(b) The total amount of the gross receipts excise taxes 39,842
charged or levied as based upon its last preceding annual 39,843
statement filed prior to the first day of January of the year in 39,844
which such report is filed; 39,845
(c) The amount of the excise taxes due with the report as 39,847
provided by section 5727.31 of the Revised Code. 39,848
Sec. 5727.33. (A) For the purpose of computing the public 39,858
utility excise tax IMPOSED BY SECTION 5727.24 OR 5727.30 OF THE 39,859
REVISED CODE, the tax commissioner shall ascertain and determine 39,861
the entire gross receipts actually received from all sources, 39,862
excluding the receipts described in divisions (B), (C), (D), and 39,863
(E), AND (F) of this section, of each electric, rural electric, 39,864
natural COMBINED ELECTRIC AND gas, pipe-line, water-works, 39,865
heating, and water transportation company for business done 39,867
within this state for the year ending on the thirtieth day of 39,868
April, OF EACH NATURAL GAS COMPANY FOR BUSINESS DONE WITHIN THIS 39,869
STATE QUARTERLY OR YEARLY AS PROVIDED IN SECTION 5727.25 OF THE 39,870
REVISED CODE, and of each telegraph and telephone company for 39,871
business done within this state for the year ending on the 39,872
thirtieth day of June.
(B) In ascertaining and determining the gross receipts of 39,874
each of the companies named in this section, the commissioner 39,875
shall exclude all of the following: 39,876
911
(1) All receipts derived wholly from interstate business; 39,878
(2) All receipts derived wholly from business done for or 39,880
with the federal government; 39,881
(3) For the year ending April 30, 1990, and each 39,883
subsequent year, all ALL receipts derived wholly from the 39,884
transmission or delivery of electricity to or for a rural 39,885
electric company, provided that the electricity that has been so 39,886
transmitted or delivered is for resale by the rural electric 39,887
company; 39,888
(4) All receipts from the sale of merchandise; 39,890
(5) All receipts from sales to other public utilities, 39,892
except railroad, telegraph, and telephone companies, for resale, 39,893
provided the other public utility is required to file a statement 39,894
pursuant to section 5727.31 of the Revised Code. 39,895
(C) In ascertaining and determining the gross receipts of 39,897
a telephone company, the commissioner shall exclude all of the 39,899
following: 39,900
(1) For the year ending June 30, 1988, and each subsequent 39,902
year, receipts RECEIPTS of amounts billed on behalf of other 39,903
entities; 39,904
(2) For the year ending June 30, 1988, and each subsequent 39,906
year, receipts RECEIPTS from sales to other telephone companies 39,907
for resale, as defined in division (G) of section 5727.32 of the 39,908
Revised Code; 39,909
(3) For the year ending June 30, 1990, and each subsequent 39,911
year, receipts RECEIPTS from incoming or outgoing wide area 39,912
transmission service or wide area transmission type service, 39,914
including eight hundred or eight-hundred-type service; 39,915
(4) For the year ending June 30, 1990, and each subsequent 39,917
year, receipts RECEIPTS from private communications service as 39,918
described in division (AA)(2) of section 5739.01 of the Revised 39,920
Code;
(5) For the year ending June 30, 1990, and each subsequent 39,922
year, receipts RECEIPTS from sales to providers of 39,923
912
telecommunications service for resale, as defined in division (G) 39,925
of section 5727.32 of the Revised Code. 39,926
(D) In ascertaining and determining the gross receipts of 39,928
an electric company, the commissioner shall exclude receipts 39,929
derived from the provision of electricity and other services to a 39,930
qualified former owner of the production facilities which THAT 39,931
generated the electricity from which those receipts were derived. 39,932
As used in this division, a "qualified former owner" means a 39,933
person who meets both of the following conditions: 39,934
(1) On or before October 11, 1991, the person had sold to 39,936
an electric company part of the production facility at which the 39,937
electricity is generated, and, for at least twenty years prior to 39,938
that sale, the facility was used to generate electricity, but it 39,939
was not owned in whole or in part during that period by an 39,940
electric company. 39,941
(2) At the time the electric company provided the 39,943
electricity or other services for which the exclusion is claimed, 39,944
the person, or a successor or assign of the person, owned not 39,945
less than a twenty per cent ownership of the production facility 39,946
and the rights to not less than twenty per cent of the production 39,947
of that facility. 39,948
(E) In ascertaining and determining the gross receipts of 39,950
a natural gas company, the commissioner shall exclude receipts of 39,951
amounts billed on behalf of other entities. Transportation and 39,952
billing and collection fees charged to other entities shall be 39,953
included in the gross receipts of a natural gas company. 39,954
The (F) IN ASCERTAINING AND DETERMINING THE GROSS RECEIPTS 39,957
OF A COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE TAX IMPOSED 39,958
BY SECTION 5727.30 OF THE REVISED CODE, THE COMMISSIONER SHALL 39,959
EXCLUDE ALL RECEIPTS DERIVED FROM OPERATING AS A NATURAL GAS 39,960
COMPANY THAT ARE SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF 39,961
THE REVISED CODE. 39,962
(G) EXCEPT AS PROVIDED IN DIVISION (H) OF THIS SECTION, 39,964
THE amount ascertained by the commissioner under this section, 39,966
913
less a deduction of twenty-five thousand dollars, shall be the 39,967
gross receipts of such companies for business done within this 39,968
state for that year.
(H) THE AMOUNT ASCERTAINED BY THE COMMISSIONER UNDER THIS 39,970
SECTION, LESS THE FOLLOWING DEDUCTION, SHALL BE THE GROSS 39,971
RECEIPTS OF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 39,973
COMPANY FOR BUSINESS DONE WITHIN THIS STATE:
(1) FOR A NATURAL GAS COMPANY THAT FILES QUARTERLY RETURNS 39,975
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, SIX 39,976
THOUSAND TWO HUNDRED FIFTY DOLLARS FOR EACH QUARTERLY RETURN; 39,978
(2) FOR A NATURAL GAS COMPANY THAT FILES AN ANNUAL RETURN 39,980
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, 39,981
TWENTY-FIVE THOUSAND DOLLARS FOR EACH ANNUAL RETURN; 39,983
(3) FOR A COMBINED ELECTRIC AND GAS COMPANY, TWENTY-FIVE 39,985
THOUSAND DOLLARS ON THE ANNUAL STATEMENT FILED UNDER SECTION 39,986
5727.31 OF THE REVISED CODE. A COMBINED ELECTRIC AND GAS COMPANY 39,987
SHALL NOT BE ENTITLED TO A DEDUCTION IN COMPUTING GROSS RECEIPTS 39,988
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 39,989
CODE.
Sec. 5727.38. On or before the first Monday of November, 39,999
annually, the tax commissioner shall assess an excise tax against 40,000
each public utility, except railroad companies AND NATURAL GAS 40,002
COMPANIES. The tax shall be computed by multiplying the gross 40,003
receipts as determined by the commissioner under section 5727.33 40,004
of the Revised Code by six and three-fourths per cent in the case 40,006
of pipe-line companies and four and three-fourths per cent in the 40,007
case of all other companies. The minimum tax for any such 40,008
company for owning property or doing business in this state shall 40,009
be ten dollars. The assessment shall be certified to the
taxpayer and treasurer of state. 40,010
Sec. 5727.42. (A) The treasurer of state shall maintain a 40,019
list of all excise taxes levied and payments made pursuant to 40,020
this chapter. The treasurer of state shall collect and the 40,021
taxpayer shall pay all taxes and any penalties thereon. Payments 40,022
914
OF THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED CODE may be 40,023
made by mail, in person, by electronic funds transfer if required 40,025
to do so by section 5727.311 of the Revised Code, or by any other 40,026
means authorized by the treasurer of state. The treasurer of 40,027
state may adopt rules concerning the methods and timeliness of 40,028
payment.
(B) Each tax bill issued pursuant to this section shall 40,030
separately reflect the taxes due, due date, and any other 40,031
information considered necessary. Except as otherwise provided 40,032
in division (F) of this section, the THE last day on which 40,033
payment may be made without penalty shall be at least twenty but 40,034
not more than thirty days from the date of mailing the tax bill. 40,035
The treasurer of state shall mail the tax bill, and the mailing 40,036
thereof shall be prima-facie evidence of receipt thereof by the 40,037
taxpayer. 40,038
(C) The treasurer of state shall refund taxes LEVIED AND 40,040
PAYMENTS MADE FOR THE TAX IMPOSED BY SECTION 5727.30 OF THE 40,041
REVISED CODE as provided in this section, but no refund shall be 40,042
made to a taxpayer having a delinquent claim certified pursuant 40,043
to this section that remains unpaid. The treasurer of state may 40,044
consult the attorney general regarding such claims. 40,045
(D) Within twenty days after receipt of any excise tax 40,047
assessment certified to him THE TREASURER OF STATE FOR THE TAX 40,048
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE, the treasurer of 40,050
state shall:
(1) Ascertain the difference between the total taxes shown 40,052
on such assessment and the sum of all advance ESTIMATED payments, 40,054
exclusive of any penalties thereon, previously made for that 40,055
year.
(2) If the difference is a deficiency, the treasurer of 40,057
state shall issue a tax bill. 40,058
(3) If the difference is an excess, the treasurer of state 40,060
shall certify the name of the taxpayer and the amount to be 40,061
refunded to the director of budget and management for payment to 40,062
915
the taxpayer. 40,063
If the taxpayer has a deficiency for one tax year and an 40,065
excess for another tax year, or any combination thereof for more 40,066
than two years, the treasurer of state may determine the net 40,067
result and, depending on such result, proceed to mail a tax bill 40,068
or certify a refund. 40,069
(E) If a taxpayer fails to pay all taxes on or before the 40,071
due date shown on the tax bill, or fails to make an advance 40,072
ESTIMATED payment on or before the due date prescribed in 40,074
division (B) of section 5727.31 of the Revised Code, but makes 40,075
payment within ten calendar days of such date, the treasurer of 40,076
state shall add a penalty equal to five per cent of the amount 40,077
that should have been timely paid. If payment is not made within 40,078
ten days of such date, the treasurer of state shall add a penalty 40,079
equal to fifteen per cent of the amount that should have been 40,080
timely paid. The treasurer of state shall prepare a delinquent 40,081
claim for each tax bill on which penalties were added and certify 40,082
such claims to the attorney general and tax commissioner. The 40,083
attorney general shall proceed to collect the delinquent taxes 40,084
and penalties thereon in the manner prescribed by law and notify 40,085
the treasurer of state and tax commissioner of all collections. 40,086
(F) The last day on which a natural gas company that is 40,088
not required to make payments under division (B) of section 40,089
5727.31 of the Revised Code may pay its taxes without penalty 40,090
shall be the fifteenth day of March of the year following the 40,091
year in which the commissioner is required to certify his 40,092
assessment of the company's tax under section 5727.38 of the 40,093
Revised Code. The tax due date shall be reflected on the tax 40,094
bill. 40,095
Sec. 5727.48. The tax commissioner, on application by a 40,105
public utility, may extend to the public utility a further 40,106
specified time, not to exceed sixty days, within which to file 40,107
any report or statement required by this chapter to be filed with 40,108
the commissioner, EXCEPT REPORTS REQUIRED BY SECTIONS 5727.24 TO 40,109
916
5727.29 OF THE REVISED CODE. A public utility must file such an
application, in writing, with the commissioner on or before the 40,110
date that the report or statement is otherwise required to be 40,111
filed.
Sec. 5727.50. If any public utility fails to make any 40,121
report to the tax commissioner required by law, or makes such 40,122
report and fails to report or reports erroneously any information 40,123
essential to the determination of any amount, value, proportion, 40,124
or other fact to be determined by the commissioner pursuant to 40,125
law, which is necessary for the fixing of any fee, tax, or
assessment, the commissioner shall determine such amount, value, 40,126
proportion, or other fact and shall certify the same as required 40,128
by law. Such power and duty of the commissioner shall extend 40,129
only to the five years next preceding the year in which such 40,131
inquiry is made. Upon the determination and certification by the
commissioner, a tax, fee, or assessment shall be charged for 40,132
collection from such public utility at the rate provided by law 40,133
for the years when such tax, fee, or assessment was omitted, or 40,134
erroneously charged so that the total tax, fee, or assessment 40,135
paid and to be paid for such years shall be in the full amount 40,136
chargeable to such public utility by law. Such charge shall be
without prejudice to the collection of any penalty authorized by 40,137
law.
THIS SECTION SHALL NOT APPLY TO SECTIONS 5727.24 TO 5727.29 40,139
OF THE REVISED CODE.
Sec. 5727.60. If a public utility required to file a 40,149
report with the tax commissioner by sections 5727.02 TO 5727.23 40,150
AND 5727.30 to 5727.62, inclusive, of the Revised Code, fails to 40,152
make such report, it shall be subject to a penalty of ten dollars
per day for each day's omission after the time limited for making 40,153
such report.
Sec. 5733.05. As used in this section, "qualified 40,162
research" means laboratory research, experimental research, and 40,163
other similar types of research; research in developing or 40,164
917
improving a product; or research in developing or improving the 40,165
means of producing a product. It does not include market 40,166
research, consumer surveys, efficiency surveys, management 40,167
studies, ordinary testing or inspection of materials or products 40,168
for quality control, historical research, or literary research. 40,169
"Product" as used in this paragraph does not include services or 40,170
intangible property. 40,171
The annual report determines the value of the issued and 40,174
outstanding shares of stock of the taxpayer, which under division 40,175
(A) or divisions (B) and (C) of this section is the base or 40,176
measure of the franchise tax liability. Such determination shall 40,177
be made as of the date shown by the report to have been the 40,178
beginning of the corporation's annual accounting period that 40,179
includes the first day of January of the tax year. For the 40,180
purposes of this chapter, the value of the issued and outstanding 40,182
shares of stock of any corporation that is a financial 40,184
institution shall be deemed to be the value as calculated in 40,186
accordance with division (A) of this section. For the purposes 40,188
of this chapter, the value of the issued and outstanding shares 40,189
of stock of any corporation that is not a financial institution 40,190
shall be deemed to be the values as calculated in accordance with 40,191
divisions (B) and (C) of this section. 40,192
(A) The total value, as shown by the books of the 40,194
financial institution, of its capital, surplus, whether earned or 40,196
unearned, undivided profits, and reserves shall be determined as 40,198
prescribed by section 5733.056 of the Revised Code for tax years 40,199
1998 and thereafter. 40,200
(B) The sum of the corporation's net income during the 40,202
corporation's taxable year, allocated or apportioned to this 40,204
state as prescribed in divisions (B)(1) and (2) of this section, 40,206
and subject to sections 5733.052, 5733.053, 5733.057, and 40,207
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 40,209
section 5733.051 of the Revised Code. 40,210
918
(2) The amount of Ohio apportioned net income from sources 40,212
other than those allocated under section 5733.051 of the Revised 40,213
Code, which shall be determined by multiplying the corporation's 40,214
net income by a fraction. The numerator of the fraction is the 40,216
sum of the following products: the property factor multiplied by 40,219
twenty, the payroll factor multiplied by twenty, and the sales 40,220
factor multiplied by sixty. The denominator of the fraction is 40,222
one hundred, provided that the denominator shall be reduced by 40,224
twenty if the property factor has a denominator of zero, by 40,226
twenty if the payroll factor has a denominator of zero, and by 40,227
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 40,229
determined as follows:
(a) The property factor is a fraction the numerator of 40,231
which is the average value of the corporation's real and tangible 40,232
personal property owned or rented, and used in the trade or 40,233
business in this state during the taxable year, and the 40,234
denominator of which is the average value of all the 40,235
corporation's real and tangible personal property owned or 40,236
rented, and used in the trade or business everywhere during such 40,237
year. There shall be excluded from the numerator and denominator 40,238
of the property factor the original cost of all of the following 40,239
property within Ohio: property with respect to which a 40,240
"pollution control facility" certificate has been issued pursuant 40,241
to section 5709.21 of the Revised Code; property with respect to 40,242
which an "industrial water pollution control certificate" has 40,243
been issued pursuant to section 6111.31 of the Revised Code; and 40,244
property used exclusively during the taxable year for qualified 40,245
research. 40,246
(i) Property owned by the corporation is valued at its 40,248
original cost. Property rented by the corporation is valued at 40,249
eight times the net annual rental rate. "Net annual rental rate" 40,250
means the annual rental rate paid by the corporation less any 40,251
annual rental rate received by the corporation from subrentals. 40,252
919
(ii) The average value of property shall be determined by 40,254
averaging the values at the beginning and the end of the taxable 40,255
year, but the tax commissioner may require the averaging of 40,256
monthly values during the taxable year, if reasonably required to 40,257
reflect properly the average value of the corporation's property. 40,258
(b) The payroll factor is a fraction the numerator of 40,260
which is the total amount paid in this state during the taxable 40,261
year by the corporation for compensation, and the denominator of 40,262
which is the total compensation paid everywhere by the 40,263
corporation during such year. There shall be excluded from the 40,264
numerator and the denominator of the payroll factor the total 40,265
compensation paid in this state to employees who are primarily 40,266
engaged in qualified research. 40,267
(i) Compensation means any form of remuneration paid to an 40,269
employee for personal services. 40,270
(ii) Compensation is paid in this state if: (1) the 40,272
recipient's service is performed entirely within this state, (2) 40,273
the recipient's service is performed both within and without this 40,274
state, but the service performed without this state is incidental 40,275
to the recipient's service within this state, (3) some of the 40,276
service is performed within this state and either the base of 40,277
operations, or if there is no base of operations, the place from 40,278
which the service is directed or controlled is within this state, 40,279
or the base of operations or the place from which the service is 40,280
directed or controlled is not in any state in which some part of 40,281
the service is performed, but the recipient's residence is in 40,282
this state. 40,283
(iii) Compensation is paid in this state to any employee 40,285
of a common or contract motor carrier corporation, who performs 40,286
the employee's regularly assigned duties on a motor vehicle in 40,288
more than one state, in the same ratio by which the mileage 40,289
traveled by such employee within the state bears to the total 40,290
mileage traveled by such employee everywhere during the taxable 40,291
year.
920
(c) The sales factor is a fraction the numerator of which 40,293
is the total sales in this state by the corporation during the 40,294
taxable year, and the denominator of which is the total sales by 40,295
the corporation everywhere during such year. In determining the 40,296
numerator and denominator of the sales factor, receipts from the 40,297
sale or other disposal of a capital asset or an asset described 40,298
in section 1231 of the Internal Revenue Code shall be eliminated. 40,299
Also, in determining the numerator and denominator of the sales 40,300
factor, in the case of a reporting corporation owning at least 40,301
eighty per cent of the issued and outstanding common stock of one 40,302
or more public utilities or insurance companies, or owning at 40,303
least twenty-five per cent of the issued and outstanding common 40,304
stock of one or more financial institutions, receipts received by 40,305
the reporting corporation from such utilities, insurance 40,306
companies, and financial institutions shall be eliminated. 40,307
For the purpose of this section and section 5733.03 of the 40,309
Revised Code, sales of tangible personal property are in this 40,310
state where such property is received in this state by the 40,311
purchaser. In the case of delivery of tangible personal property 40,312
by common carrier or by other means of transportation, the place 40,313
at which such property is ultimately received after all 40,314
transportation has been completed shall be considered as the 40,315
place at which such property is received by the purchaser. 40,316
Direct delivery in this state, other than for purposes of 40,317
transportation, to a person or firm designated by a purchaser 40,318
constitutes delivery to the purchaser in this state, and direct 40,319
delivery outside this state to a person or firm designated by a 40,320
purchaser does not constitute delivery to the purchaser in this 40,321
state, regardless of where title passes or other conditions of 40,322
sale. 40,323
Sales, other than sales of tangible personal property, are 40,325
in this state if either: 40,326
(i) The income-producing activity is performed solely in 40,328
this state; 40,329
921
(ii) The income-producing activity is performed both 40,331
within and without this state and a greater proportion of the 40,332
income-producing activity is performed within this state than in 40,334
any other state, based on costs of performance. 40,335
(d) If the allocation and apportionment provisions of 40,337
division (B) of this section do not fairly represent the extent 40,339
of the taxpayer's business activity in this state, the taxpayer 40,340
may request, which request must be in writing and must accompany 40,341
the report, timely filed petition for reassessment, or timely 40,342
filed amended report, or the tax commissioner may require, in 40,343
respect to all or any part of the taxpayer's allocated or 40,344
apportioned base, if reasonable, any one or more of the 40,345
following:
(i) Separate accounting; 40,347
(ii) The exclusion of any one or more of the factors; 40,349
(iii) The inclusion of one or more additional factors 40,351
which will fairly represent the taxpayer's allocated or 40,352
apportioned base in this state. 40,353
An alternative method will be effective only with approval 40,355
by the tax commissioner. 40,356
Nothing in this section shall be construed to extend any 40,358
statute of limitations set forth in this chapter. 40,359
(C)(1) Subject to divisions (C)(2) and (3) of this 40,362
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 40,363
book value of a corporation's assets less the net carrying value 40,365
of its liabilities, AND EXCLUDING FROM THE CORPORATION'S ASSETS 40,366
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS OF THE FIRST 40,367
MONDAY OF JUNE IN THE CORPORATION'S TAXABLE YEAR AS DETERMINED BY 40,368
THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE LAND IS LOCATED
PURSUANT TO SECTION 5713.31 OF THE REVISED CODE. For the 40,369
purposes of determining that total value, any reserves shown on 40,370
the corporation's books shall be considered liabilities or contra 40,371
assets except for any reserves that are deemed appropriations of 40,372
922
retained earnings under generally accepted accounting principles. 40,373
(2)(a) If, on the last day of the taxpayer's taxable year 40,376
preceding the tax year, the taxpayer is a related member to a 40,377
corporation that elects to be a qualifying holding company for 40,378
the tax year beginning after the last day of the taxpayer's 40,379
taxable year, or if, on the last day of the taxpayer's taxable 40,380
year preceding the tax year, a corporation that elects to be a 40,381
qualifying holding company for the tax year beginning after the 40,382
last day of the taxpayer's taxable year is a related member to 40,383
the taxpayer, then the taxpayer's total value shall be adjusted 40,384
by the qualifying amount. Except as otherwise provided under 40,385
division (C)(2)(b) of this section, "qualifying amount" means the 40,386
amount that, when added to the taxpayer's total value, and when 40,388
subtracted from the net carrying value of the taxpayer's 40,389
liabilities computed without regard to division (C)(2) of this 40,391
section, or when subtracted from the taxpayer's total value and 40,393
when added to the net carrying value of the taxpayer's 40,394
liabilities computed without regard to division (C)(2) of this 40,396
section, results in the taxpayer's debt-to-equity ratio equaling 40,397
the debt-to-equity ratio of the qualifying controlled group on 40,398
the last day of the taxable year ending prior to the first day of 40,399
the tax year computed on a consolidated basis in accordance with 40,401
general accepted accounting principles. For the purposes of 40,402
division (C)(2)(a) of this section, the corporation's total 40,403
value, after the adjustment required by that division, shall not 40,404
exceed the net book value of the corporation's assets. 40,405
(b)(i) The amount added to the taxpayer's total value and 40,408
subtracted from the net carrying value of the taxpayer's 40,409
liabilities shall not exceed the amount of the net carrying value 40,410
of the taxpayer's liabilities owed to the taxpayer's related 40,412
members.
(ii) A liability owed to the taxpayer's related members 40,414
includes, but is not limited to, any amount that the corporation 40,416
owes to a person that is not a related member if the 40,417
923
corporation's related member or related members in whole or in 40,418
part guarantee any portion or all of that amount, or pledge, 40,419
hypothecate, mortgage, or carry out any similar transactions to 40,420
secure any portion or all of that amount. 40,421
(3) The base upon which the tax is levied under division 40,423
(C) of section 5733.06 of the Revised Code shall be computed by 40,425
multiplying the amount determined under divisions (C)(1) and (2) 40,427
of this section by the fraction determined under divisions 40,428
(B)(2)(a) to (c) of this section and, if applicable, divisions 40,431
(B)(2)(d)(ii) to (iv) of this section but without regard to 40,433
section 5733.052 of the Revised Code. 40,434
(4) For purposes of division (C) of this section, "related 40,438
member" has the same meaning as in division (A)(6) of section 40,439
5733.042 of the Revised Code without regard to division (B) of 40,440
that section.
Sec. 5733.16. For the purposes of sections 5727.38 5727.24 40,449
to 5727.62 of the Revised Code and this chapter, domestic 40,451
corporations are deemed organized upon the filing of articles of 40,452
incorporation in the office of the secretary of state, and 40,453
foreign corporations are deemed admitted to do business in this 40,454
state when the statement for admission has been filed with the 40,455
secretary of state or a certificate of compliance with the laws 40,456
of this state has been obtained from him THE SECRETARY OF STATE. 40,457
Each domestic corporation shall be required to file its first 40,458
report and pay the tax in and for the calendar year immediately 40,459
succeeding the date of its organization, and each foreign 40,460
corporation shall similarly report and pay in and for the 40,461
calendar year immediately succeeding its admission. Failure on 40,462
the part of any foreign corporation for profit and any foreign 40,463
corporation not for profit referred to in section 5733.01 of the 40,464
Revised Code to proceed according to law to obtain from the 40,465
secretary of state proper authority to do business or to own or 40,466
use property in this state shall not excuse such corporation from 40,467
liability to make proper excise or franchise tax report or return 40,468
924
or pay a proper excise or franchise tax or penalty, if such 40,469
liability would have attached had such proper authority been 40,470
obtained.
Sec. 5733.33. (A) As used in this section: 40,479
(1) "Manufacturing machinery and equipment" means engines 40,481
and machinery, and tools and implements, of every kind used, or 40,482
designed to be used, in refining and manufacturing. 40,483
(2) "New manufacturing machinery and equipment" means 40,485
manufacturing machinery and equipment, the original use in this 40,486
state of which commences with the taxpayer or with a partnership 40,487
of which the taxpayer is a partner. 40,488
(3)(a) "Purchase" has the same meaning as in section 40,490
179(d)(2) of the Internal Revenue Code. 40,491
(b) Any purchase, for FOR purposes of this section, ANY 40,493
PROPERTY THAT IS NOT MANUFACTURED OR ASSEMBLED PRIMARILY BY THE 40,494
TAXPAYER is considered to occur PURCHASED at the time the 40,496
agreement to acquire the property to be purchased becomes 40,498
binding. ANY PROPERTY THAT IS MANUFACTURED OR ASSEMBLED 40,499
PRIMARILY BY THE TAXPAYER IS CONSIDERED PURCHASED AT THE TIME THE 40,500
TAXPAYER PLACES THE PROPERTY IN SERVICE IN THE COUNTY FOR WHICH
THE TAXPAYER WILL CALCULATE THE COUNTY EXCESS AMOUNT. 40,501
(c) Notwithstanding section 179(d) of the Internal Revenue 40,503
Code, a taxpayer's direct or indirect acquisition of new 40,504
manufacturing machinery and equipment is not purchased on or 40,505
after July 1, 1995, if the taxpayer, or a person whose 40,506
relationship to the taxpayer is described in subparagraphs (A), 40,507
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 40,508
had directly or indirectly entered into a binding agreement to 40,509
acquire the property at any time prior to July 1, 1995. 40,510
(4) "Qualifying period" means the period that begins July 40,512
1, 1995, and ends December 31, 2000 2005. 40,513
(5) "County average new manufacturing machinery and 40,515
equipment investment" means either of the following: 40,516
(a) The average annual cost of new manufacturing machinery 40,519
925
and equipment purchased for use in the county during baseline 40,520
years, in the case of a taxpayer or partnership that was in 40,521
existence for more than one year during baseline years. 40,522
(b) Zero, in the case of a taxpayer or partnership that 40,524
was not in existence for more than one year during baseline 40,525
years. 40,526
(6) "Partnership" includes a limited liability company 40,529
formed under Chapter 1705. of the Revised Code or under the laws 40,531
of any other state, provided that the company is not classified 40,532
for federal income tax purposes as an association taxable as a 40,533
corporation. 40,534
(7) "Partner" includes a member of a limited liability 40,536
company formed under Chapter 1705. of the Revised Code or under 40,538
the laws of any other state, provided that the company is not 40,539
classified for federal income tax purposes as an association 40,540
taxable as a corporation. 40,541
(8) "Distressed area" means either a municipal corporation 40,543
that has a population of at least fifty thousand or a county that 40,545
meets two of the following criteria of economic distress, or a 40,546
municipal corporation the majority of the population of which is 40,547
situated in such a county:
(a) Its average rate of unemployment, during the most 40,550
recent five-year period for which data are available, is equal to 40,551
at least one hundred twenty-five per cent of the average rate of 40,552
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 40,555
per cent of the median county per capita income of the United 40,556
States as determined by the most recently available figures from 40,557
the United States census bureau; 40,558
(c)(i) In the case of a municipal corporation, at least 40,561
twenty per cent of the residents have a total income for the most 40,562
recent census year that is below the official poverty line; 40,563
(ii) In the case of a county, in intercensal years, the 40,566
county has a ratio of transfer payment income to total county 40,567
926
income equal to or greater than twenty-five per cent. 40,568
(9) "Eligible area" means a distressed area, a labor 40,570
surplus area, an inner city area, or a situational distress area. 40,572
(10) "Inner city area" means, in a municipal corporation 40,574
that has a population of at least one hundred thousand and does 40,575
not meet the criteria of a labor surplus area or a distressed 40,576
area, targeted investment areas established by the municipal 40,577
corporation within its boundaries that are comprised of the most 40,578
recent census block tracts that individually have at least twenty 40,579
per cent of their population at or below the state poverty level 40,580
or other census block tracts contiguous to such census block 40,581
tracts.
(11) "Labor surplus area" means an area designated as a 40,583
labor surplus area by the United States department of labor. 40,585
(12) "Official poverty line" has the same meaning as in 40,587
division (A) of section 3923.51 of the Revised Code. 40,588
(13) "Situational distress area" means a county or a 40,590
municipal corporation that has experienced or is experiencing a 40,591
closing or downsizing of a major employer, that will adversely 40,592
affect the county's or municipal corporation's economy. In order 40,594
to be designated as a situational distress area for a period not 40,595
to exceed thirty-six months, the county or municipal corporation 40,596
may petition the director of development. The petition shall 40,597
include written documentation that demonstrates all of the 40,598
following adverse effects on the local economy: 40,599
(a) The number of jobs lost by the closing or downsizing; 40,601
(b) The impact that the job loss has on the county's or 40,604
municipal corporation's unemployment rate as measured by the Ohio 40,605
bureau of employment services; 40,606
(c) The annual payroll associated with the job loss; 40,608
(d) The amount of state and local taxes associated with 40,610
the job loss;
(e) The impact that the closing or downsizing has on the 40,612
suppliers located in the county or municipal corporation. 40,613
927
(14) "Cost" has the same meaning and limitation as in 40,615
section 179(d)(3) of the Internal Revenue Code. 40,616
(15) "Baseline years" means: 40,618
(a) Calendar years 1992, 1993, and 1994, with regard to a 40,620
credit claimed for the purchase during calendar year 1995, 1996, 40,621
1997, or 1998 of new manufacturing machinery and equipment; 40,622
(b) Calendar years 1993, 1994, and 1995, with regard to a 40,624
credit claimed for the purchase during calendar year 1999 of new 40,625
manufacturing machinery and equipment; 40,626
(c) Calendar years 1994, 1995, and 1996, with regard to a 40,628
credit claimed for the purchase during calendar year 2000 of new 40,629
manufacturing machinery and equipment; 40,630
(d) CALENDAR YEARS 1995, 1996, AND 1997, WITH REGARD TO A 40,632
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2001 OF NEW 40,633
MANUFACTURING MACHINERY AND EQUIPMENT; 40,634
(e) CALENDAR YEARS 1996, 1997, AND 1998, WITH REGARD TO A 40,636
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2002 OF NEW 40,637
MANUFACTURING MACHINERY AND EQUIPMENT; 40,638
(f) CALENDAR YEARS 1997, 1998, AND 1999, WITH REGARD TO A 40,640
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2003 OF NEW 40,641
MANUFACTURING MACHINERY AND EQUIPMENT; 40,642
(g) CALENDAR YEARS 1998, 1999, AND 2000, WITH REGARD TO A 40,644
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2004 OF NEW 40,645
MANUFACTURING MACHINERY AND EQUIPMENT; 40,646
(h) CALENDAR YEARS 1999, 2000, AND 2001, WITH REGARD TO A 40,648
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2005 OF NEW 40,649
MANUFACTURING MACHINERY AND EQUIPMENT; 40,650
(16) "RELATED MEMBER" HAS THE SAME MEANING AS IN SECTION 40,652
5733.042 OF THE REVISED CODE.
(B)(1) A SUBJECT TO DIVISION (I) OF THIS SECTION, A 40,654
nonrefundable credit is allowed against the tax imposed by 40,656
section 5733.06 of the Revised Code for a taxpayer that purchases 40,657
new manufacturing machinery and equipment during the qualifying 40,658
period, provided that the new manufacturing machinery and 40,659
928
equipment are installed in this state no later than December 31, 40,661
2001 2006.
(2) The credit is also available to a taxpayer that is a 40,663
partner in a partnership that purchases new manufacturing 40,664
machinery and equipment during the qualifying period, provided 40,665
that the partnership installs the new manufacturing machinery and 40,666
equipment in this state no later than December 31, 2001 2006. 40,667
The taxpayer shall determine the credit amount as provided in 40,669
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 40,671
of this section, a credit may be claimed under this section in 40,672
excess of one million dollars only if the cost of all 40,673
manufacturing machinery and equipment owned in this state by the 40,674
taxpayer claiming the credit on the last day of the calendar year 40,675
exceeds the cost of all manufacturing machinery and equipment 40,676
owned in this state by the taxpayer on the first day of that 40,677
calendar year.
As used in division (B)(3)(a) of this section, "calendar 40,680
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 40,681
(b) Division (B)(3)(a) of this section does not apply if 40,684
the taxpayer claiming the credit applies for and is issued a 40,685
waiver of the requirement of that division. A taxpayer may apply 40,686
to the director of the department of development for such a 40,687
waiver in the manner prescribed by the director, and the director 40,688
may issue such a waiver if the director determines that granting 40,689
the credit is necessary to increase or retain employees in this 40,691
state, and that the credit has not caused relocation of 40,692
manufacturing machinery and equipment among counties within this 40,693
state for the primary purpose of qualifying for the credit. 40,694
(C)(1) Except as otherwise provided in division (C)(2) AND 40,697
DIVISION (I) of this section, the credit amount is equal to seven 40,698
and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 40,700
929
calendar year for use in a county over the county average new 40,701
manufacturing machinery and equipment investment for that county. 40,702
(2) As SUBJECT TO DIVISION (I) OF THIS SECTION, AS used in 40,705
division (C)(2) of this section, "county excess" means the 40,706
taxpayer's excess cost for a county as computed under division 40,707
(C)(1) of this section.
For SUBJECT TO DIVISION (I) OF THIS SECTION, a taxpayer 40,710
with a county excess, whose purchases included purchases for use 40,711
in any eligible area in the county, the credit amount is equal to 40,712
thirteen and one-half per cent of the cost of the new 40,713
manufacturing machinery and equipment purchased during the 40,714
calendar year for use in the eligible areas in the county, 40,715
provided that the cost subject to the thirteen and one-half per 40,716
cent rate shall not exceed the county excess. If the county 40,717
excess is greater than the cost of the new manufacturing 40,718
machinery and equipment purchased during the calendar year for 40,720
use in eligible areas in the county, the credit amount also shall 40,721
include an amount equal to seven and one-half per cent of the 40,722
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 40,724
manufacturing machinery and equipment in more than one county or 40,725
eligible area, it shall aggregate the amount of those credits 40,726
each year.
(4) The taxpayer shall claim one-seventh of the credit 40,728
amount for the tax year immediately following the calendar year 40,729
in which the new manufacturing machinery and equipment is 40,730
purchased for use in the county by the taxpayer or partnership. 40,732
One-seventh of the taxpayer credit amount is allowed for each of 40,733
the six ensuing tax years. Except for carried-forward amounts, 40,734
the taxpayer is not allowed any credit amount remaining if the 40,735
new manufacturing machinery and equipment is sold by the taxpayer 40,737
or partnership or is transferred by the taxpayer or partnership 40,738
out of the county before the end of the seven-year period. 40,739
(5)(a) A taxpayer that acquires manufacturing machinery 40,741
930
and equipment as a result of a merger with the taxpayer with whom 40,743
commenced the original use in this state of the manufacturing 40,744
machinery and equipment, or with a taxpayer that was a partner in 40,745
a partnership with whom commenced the original use in this state 40,746
of the manufacturing machinery and equipment, is entitled to any 40,747
remaining or carried-forward credit amounts to which the taxpayer 40,748
was entitled.
(b) A taxpayer that enters into an agreement under 40,750
division (C)(3) of section 5709.62 of the Revised Code and that 40,751
acquires manufacturing machinery or equipment as a result of 40,753
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 40,754
commenced the original use in this state of the manufacturing 40,756
machinery or equipment, and that operates the large manufacturing 40,757
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 40,758
sold the facility would have been entitled under this section had 40,760
the other taxpayer not sold the manufacturing facility or 40,761
equipment.
(c) New manufacturing machinery and equipment is not 40,764
considered sold if a pass-through entity transfers to another 40,765
pass-through entity substantially all of its assets as part of a 40,766
plan of reorganization under which substantially all gain and 40,767
loss is not recognized by the pass-through entity that is 40,768
transferring the new manufacturing machinery and equipment to the 40,769
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 40,770
in part, by reference to the basis of the pass-through entity 40,771
which transferred the new manufacturing machinery and equipment 40,772
to the transferee. 40,773
(d) Division (C)(5) of this section shall apply only if 40,775
the acquiring taxpayer or transferee does not sell the new 40,777
manufacturing machinery and equipment or transfer the new 40,778
manufacturing machinery and equipment out of the county before 40,779
931
the end of the seven-year period to which division (C)(4) of this 40,780
section refers.
(e) Division (C)(5)(b) of this section applies only to the 40,783
extent that the taxpayer that sold the manufacturing machinery or 40,784
equipment, upon request, timely provides to the tax commissioner 40,785
any information that the tax commissioner considers to be 40,786
necessary to ascertain any remaining or carried-forward amounts 40,787
to which the taxpayer that sold the facility would have been 40,788
entitled under this section had the taxpayer not sold the 40,789
manufacturing machinery or equipment. Nothing in division 40,790
(C)(5)(b) or (e) of this section shall be construed to allow a 40,792
taxpayer to claim any credit amount with respect to the acquired 40,793
manufacturing machinery or equipment that is greater than the 40,794
amount that would have been available to the other taxpayer that 40,795
sold the manufacturing machinery or equipment had the other 40,796
taxpayer not sold the manufacturing machinery or equipment. 40,797
(D) The taxpayer shall claim the credit in the order 40,800
required under section 5733.98 of the Revised Code. Each year, 40,801
any credit amount in excess of the tax due under section 5733.06 40,802
of the Revised Code after allowing for any other credits that 40,804
precede the credit under this section in that order may be 40,805
carried forward for three tax years. 40,806
(E) A taxpayer purchasing new manufacturing machinery and 40,809
equipment and intending to claim the credit shall file, with the 40,810
department of development, a notice of intent to claim the credit 40,811
on a form prescribed by the department of development. The 40,812
department of development shall inform the tax commissioner of 40,813
the notice of intent to claim the credit. 40,814
(F) The director of development shall annually certify, by 40,817
the first day of January of each year during the qualifying 40,818
period, the eligible areas for the tax credit for the calendar 40,819
year that includes that first day of January. The director shall 40,820
send a copy of the certification to the tax commissioner. 40,821
(G) New manufacturing machinery and equipment for which a 40,823
932
taxpayer claims the credit under section 5733.31, 5733.311, 40,825
5747.26, or 5747.261 of the Revised Code shall not be considered 40,827
new manufacturing machinery and equipment for purposes of the 40,828
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 40,830
partnership, the county average new manufacturing machinery and 40,831
equipment investment shall be determined based on the number of 40,832
years, if any, the partnership was in existence during baseline 40,833
years. In determining the county average new manufacturing 40,834
machinery and equipment investment, the excess of the cost of new 40,835
manufacturing machinery and equipment purchased during the 40,836
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 40,837
taxpayer's distributive PROPORTIONATE share of the cost of new 40,838
manufacturing machinery and equipment purchased by a partnership 40,840
in which the corporation had a direct or indirect investment 40,841
during the calendar year prior to the first day of a tax year for 40,842
which the taxpayer is claiming the credit. These determinations 40,843
and calculations shall be made for the taxpayer's calendar year 40,844
during which the partnership made the purchase. 40,845
(2) Nothing in this section shall be construed to limit or 40,847
disallow pass-through treatment of a pass-through entity's 40,848
income, deductions, credits, or other amounts necessary to 40,849
compute the tax imposed by section 5733.06 of the Revised Code 40,850
and the credits allowed by this chapter. 40,851
(I) IN THE CASE OF A TAXPAYER HAVING A RELATED MEMBER OR A 40,853
GROUP OF TAXPAYERS HAVING A RELATED MEMBER, THE CREDIT AVAILABLE 40,854
UNDER THIS SECTION TO THE TAXPAYER OR GROUP OF TAXPAYERS SHALL BE 40,855
COMPUTED AS IF THE TAXPAYER OR ALL TAXPAYERS OF THE GROUP AND ALL 40,856
SUCH RELATED MEMBERS WERE A CONSOLIDATED, SINGLE TAXPAYER. THE 40,857
CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYER OR TO SUCH GROUP OF 40,858
TAXPAYERS IN ANY AMOUNT ELECTED FOR THE TAXABLE YEAR BY THE
TAXPAYER OR GROUP. SUCH ELECTION SHALL BE REVOCABLE AND 40,859
AMENDABLE DURING THE PERIOD DESCRIBED IN DIVISION (B) OF SECTION 40,860
933
5733.12 OF THE REVISED CODE WITH RESPECT TO THE TAX IMPOSED BY 40,861
SECTION 5733.06 OF THE REVISED CODE AND THE PERIOD DESCRIBED IN
DIVISION (B) OF SECTION 5747.11 OF THE REVISED CODE WITH RESPECT 40,862
TO THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 40,863
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO TREAT AS A PURCHASE 40,864
THE ACQUISITION OF NEW MANUFACTURING MACHINERY AND EQUIPMENT IF
SUCH PURCHASE WOULD NOT QUALIFY AS A PURCHASE OF NEW 40,866
MANUFACTURING MACHINERY AND EQUIPMENT WITHOUT REGARD TO THE
CONSOLIDATION REQUIREMENT SET FORTH IN THIS SECTION. 40,867
Sec. 5739.31. (A)(1) No person shall engage in the 40,876
business of selling at retail or sell at retail incidental to any 40,877
other regularly conducted business without having a license 40,878
therefor, as required by sections 5739.01 to 5739.31 of the 40,879
Revised Code. 40,880
(2) No person shall engage in the business of selling at 40,882
retail as a transient vendor, as defined in division (B) of 40,883
section 5739.17 of the Revised Code, without first having 40,884
obtained a license as required by that section. 40,885
(3) No person shall engage in the business of selling at 40,887
retail as a limited vendor as defined in division (B) of section 40,888
5739.17 of the Revised Code, without first having a license as 40,889
required by that section. 40,890
(B) No person shall continue to engage in the business of 40,892
selling at retail or sell at retail incidental to any other 40,893
regularly conducted business after the license issued to that 40,894
person pursuant to section 5739.17 of the Revised Code has been 40,895
revoked under section 5739.19 of the Revised Code or while the 40,896
license is suspended by the tax commissioner under division 40,897
(B)(2) of section 5739.30 of the Revised Code, nor shall any 40,898
person obtain a new license from the county auditor OR THE TAX 40,899
COMMISSIONER while such revocation or suspension is in effect. 40,901
If a corporation's license has been revoked or suspended, none of 40,902
its officers, or employees having control or supervision of or 40,903
charged with the responsibility of filing returns and making 40,904
934
payments of tax due, shall obtain a license from the county 40,905
auditor OR THE TAX COMMISSIONER during the period of such 40,907
revocation or suspension.
Sec. 5743.08. Whenever the tax commissioner discovers any 40,916
cigarettes, subject to the taxes levied under section 5743.02, 40,917
5743.023, 5743.024, or 5743.026 of the Revised Code, and upon 40,919
which the taxes have not been paid, the commissioner may seize 40,920
and take possession of such cigarettes, which shall thereupon be 40,921
forfeited to the state, and the commissioner may within a 40,922
reasonable time thereafter, by a notice posted upon the premises 40,923
where such seizure is made, or by publication in some newspaper 40,924
having circulation in the county in which such seizure is made, 40,925
at least five days before the day of the sale, sell such THE 40,926
forfeited cigarettes, and from. FROM the proceeds of such THE 40,929
sale, THE TAX COMMISSIONER shall collect the taxes due thereon, 40,931
together with a penalty of one hundred per cent and PAY the costs 40,932
incurred in such proceedings, and pay the balance to the person 40,933
in whose possession such forfeited cigarettes were found ANY 40,934
PROCEEDS REMAINING AFTER THE COSTS ARE PAID SHALL BE CONSIDERED 40,935
AS REVENUE ARISING FROM THE TAX; provided that such THE seizure 40,937
and sale shall not be deemed to relieve any person from the fine 40,938
or imprisonment provided for violation of sections 5743.01 to 40,939
5743.20 of the Revised Code. Such THE sale shall be made in the 40,940
county where it is most convenient and economical. Except to the 40,942
extent that any county or convention facilities authority tax was 40,943
owed on such cigarettes, money collected under this section shall 40,945
be paid into the state treasury. If any county or convention 40,946
facilities authority tax was owed on such cigarettes, an amount 40,947
equal to the amount of the county or convention facilities 40,948
authority tax owed shall be paid to the county or convention 40,949
facilities authority levying the tax. The tax commissioner may 40,950
order the destruction of the forfeited cigarettes if the quantity 40,951
OR QUALITY of THE cigarettes is not sufficient to warrant their 40,953
sale.
935
Sec. 5743.14. (A) THE TAX COMMISSIONER MAY INSPECT ANY 40,962
PLACE WHERE CIGARETTES SUBJECT TO THE TAX LEVIED UNDER SECTION 40,963
5743.02, 5743.023, 5743.024, OR 5743.026 OF THE REVISED CODE ARE 40,964
SOLD OR STORED.
(B) No person shall prevent or hinder the tax commissioner 40,966
from making a full inspection of any place where cigarettes 40,967
subject to the tax levied under section 5743.02, 5743.023, 40,968
5743.024, or 5743.026 of the Revised Code are sold or stored, or 40,970
prevent or hinder the full inspection of invoices, books,
records, or papers required to be kept by sections 5743.01 to 40,971
5743.20 of the Revised Code. 40,972
Sec. 5743.55. Whenever the tax commissioner discovers any 40,981
tobacco products, subject to the tax levied under section 40,982
5743.51, 5743.62, or 5743.63 of the Revised Code, and upon which 40,983
the tax has not been paid or the commissioner has reason to 40,984
believe the tax is being avoided, the commissioner may seize and 40,985
take possession of the tobacco products, which, upon seizure, 40,986
shall be forfeited to the state. Within a reasonable time after 40,987
seizure, the commissioner may sell the forfeited tobacco 40,989
products, by a notice posted upon the premises where the seizure
is made or by publication in a newspaper of general circulation 40,990
in the county in which this seizure is made at least five days 40,991
before the day of the sale. The. FROM THE proceeds from OF this 40,993
sale, THE TAX COMMISSIONER SHALL PAY THE COSTS INCURRED IN THE 40,994
SEIZURE AND SALE, AND ANY PROCEEDS REMAINING AFTER THE SALE shall 40,995
be considered as revenue arising from the tax. The seizure and 40,996
sale shall not relieve any person from the fine or imprisonment 40,997
provided for violation of sections 5743.51 to 5743.66 of the 40,998
Revised Code. The commissioner shall make the sale in the county 40,999
where it is most convenient and economical, but may order the 41,000
destruction of the forfeited tobacco products if the quantity or 41,001
quality of tobacco products is not sufficient to warrant their 41,002
sale. 41,003
Sec. 5743.59. (A) No retail dealer of tobacco products 41,012
936
shall have in his THE RETAIL DEALER'S possession tobacco products 41,014
on which the tax imposed by section 5743.51 of the Revised Code 41,015
has not been paid, unless the retail dealer is licensed under
section 5743.61 of the Revised Code. Payment may be evidenced by 41,016
invoices from distributors stating the tax has been paid. 41,018
(B) THE TAX COMMISSIONER MAY INSPECT ANY PLACE WHERE 41,020
TOBACCO PRODUCTS SUBJECT TO THE TAX LEVIED UNDER SECTION 5743.51 41,021
OF THE REVISED CODE ARE SOLD OR STORED.
(C) No person shall prevent or hinder the tax commissioner 41,023
from making a full inspection of any place where tobacco products 41,025
subject to the tax imposed by section 5743.51 of the Revised Code 41,026
are sold or stored, or prevent or hinder the full inspection of 41,027
invoices, books, or records required to be kept by section 41,028
5743.54 of the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10, 41,037
5743.11, 5743.12, or division (C) of section 5743.54 of the 41,038
Revised Code is guilty of a misdemeanor of the first degree. If 41,039
the offender has been previously convicted of an offense under 41,040
this division, violation is a felony of the fourth degree. 41,041
(B) Whoever violates section 5743.111, 5743.112, 5743.13, 41,043
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a 41,044
felony of the fourth degree. If the offender has been previously 41,046
convicted of an offense under this division, violation is a 41,047
felony of the second degree. 41,048
(C) Whoever violates section 5743.41 or 5743.42 of the 41,050
Revised Code is guilty of a misdemeanor of the fourth degree. If 41,051
the offender has been previously convicted of an offense under 41,052
this division, violation is a misdemeanor of the third degree. 41,053
(D) Whoever violates any provision of this chapter, or any 41,055
rule promulgated by the tax commissioner under authority of this 41,056
chapter, for the violation of which no penalty is provided 41,057
elsewhere, is guilty of a misdemeanor of the fourth degree. 41,058
(E) In addition to any other penalty imposed upon a person 41,060
convicted of a violation of section 5743.112 or 5743.60 of the 41,061
937
Revised Code who was the operator of a motor vehicle used in the 41,062
violation, the registrar of motor vehicles shall suspend any 41,063
driver's or commercial driver's license issued to the offender 41,064
pursuant to the order and determination of the trial judge of any 41,065
court of record as provided in section 4507.16 of the Revised 41,066
Code. 41,067
Sec. 5747.11. (A) The tax commissioner shall refund to 41,076
employers, qualifying entities, or taxpayers, with respect to any 41,078
tax imposed under section 5733.41, 5747.02, or 5747.41, or 41,079
Chapter 5748. of the Revised Code: 41,080
(1) Overpayments of more than one dollar; 41,082
(2) Amounts in excess of one dollar paid illegally or 41,084
erroneously; 41,085
(3) Amounts in excess of one dollar paid on an illegal, 41,087
erroneous, or excessive assessment. 41,088
(B) Except as otherwise provided under divisions (D) and 41,090
(E) of this section, applications for refund shall be filed with 41,091
the tax commissioner, on the form prescribed by the commissioner, 41,092
within four years from the date of the illegal, erroneous, or 41,093
excessive payment of the tax, or within any additional period 41,094
allowed by division (B)(3)(b) of section 5747.05, division (B) of 41,095
section 5747.10, division (A) of section 5747.13, or division (C) 41,096
of section 5747.45 of the Revised Code. 41,097
On filing of the refund application, the commissioner shall 41,099
determine the amount of refund due and certify such amount to the 41,100
director of budget and management and treasurer of state for 41,101
payment from the tax refund fund created by section 5703.052 of 41,102
the Revised Code. PAYMENT SHALL BE MADE AS PROVIDED IN DIVISION 41,103
(C) OF SECTION 117.45 OF THE REVISED CODE. 41,104
(C)(1) Interest shall be allowed and paid upon any illegal 41,106
or erroneous assessment in excess of one dollar in respect of the 41,107
tax imposed under section 5747.02 or Chapter 5748. of the Revised 41,109
Code at the rate per annum prescribed by section 5703.47 of the 41,110
Revised Code from the date of the payment of the illegal or 41,111
938
erroneous assessment until the date the refund of such amount is 41,112
paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an 41,113
employer or taxpayer, rather than from an assessment by the 41,114
commissioner, such interest shall run from a period ninety days 41,115
after the final filing date of the annual return until the date 41,116
the refund is paid. 41,117
(2) Interest shall be allowed and paid at the rate per 41,119
annum prescribed by section 5703.47 of the Revised Code upon any 41,120
overpayment in excess of one dollar in respect of the tax imposed 41,121
under section 5747.02 or Chapter 5748. of the Revised Code from 41,122
the date of the overpayment until the date of the refund of the 41,123
overpayment, except that if any overpayment is refunded within 41,124
ninety days after the final filing date of the annual return or 41,125
ninety days after the return is filed, whichever is later, no 41,126
interest shall be allowed on such overpayment. If the 41,127
overpayment results from the carryback of a net operating loss or 41,128
net capital loss to a previous taxable year, the overpayment is 41,129
deemed not to have been made prior to the filing date, including 41,130
any extension thereof, for the taxable year in which the net 41,131
operating loss or net capital loss arises. For purposes of the 41,132
payment of interest on overpayments, no amount of tax, for any 41,133
taxable year, shall be treated as having been paid before the 41,134
date on which the tax return for that year was due without regard 41,135
to any extension of time for filing such return. 41,136
(3) Interest shall be allowed at the rate per annum 41,138
prescribed by section 5703.47 of the Revised Code on amounts 41,139
refunded with respect to the taxes imposed under sections 5733.41 41,141
and 5747.41 of the Revised Code. The interest shall run from
whichever of the following days is the latest until the day the 41,143
refund is paid: the day the illegal, erroneous, or excessive 41,144
payment was made; the ninetieth day after the final day the 41,145
annual report was required to be filed under section 5747.42 of 41,146
the Revised Code; or the ninetieth day after the day that report 41,147
939
was filed.
(D) "Ninety days" shall be substituted for "four years" in 41,149
division (B) of this section if the taxpayer satisfies both of 41,150
the following conditions:
(1) The taxpayer has applied for a refund based in whole 41,152
or in part upon section 5747.059 of the Revised Code; 41,153
(2) The taxpayer asserts that either the imposition or 41,155
collection of the tax imposed or charged by this chapter or any 41,156
portion of such tax violates the Constitution of the United 41,157
States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all 41,159
of the following conditions are satisfied: 41,160
(a) A qualifying entity pays an amount of the tax imposed 41,162
by section 5733.41 or 5747.41 of the Revised Code; 41,163
(b) The taxpayer is a qualifying investor as to that 41,165
qualifying entity;
(c) The taxpayer did not claim the credit provided for in 41,167
section 5747.059 of the Revised Code as to the tax described in 41,168
division (E)(1)(a) of this section; 41,169
(d) The four-year period described in division (B) of this 41,171
section has ended as to the taxable year for which the taxpayer 41,172
otherwise would have claimed that credit. 41,173
(2) A taxpayer shall file an application for refund 41,175
pursuant to division (E) of this section within one year after 41,176
the date the payment described in division (E)(1)(a) of this 41,177
section is made. An application filed under division (E)(2) of 41,178
this section shall claim refund only of overpayments resulting 41,179
from the taxpayer's failure to claim the credit described in
division (E)(1)(c) of this section. Nothing in division (E) of 41,180
this section shall be construed to relieve a taxpayer from 41,181
complying with division (A)(16) of section 5747.01 of the Revised 41,182
Code.
Sec. 5907.11. (A) The superintendent of the Ohio 41,191
veterans' home, with the approval of the board of trustees of the 41,192
940
Ohio veterans' home, may establish a local fund to be used for 41,194
the entertainment and welfare of the residents of the Ohio 41,196
veterans' home. The fund shall be designated as the home
improvement RESIDENTS' BENEFIT fund and shall be operated for the 41,199
exclusive benefit of the residents of the Ohio veterans' home. 41,201
The fund shall receive all revenue from the sale of commissary 41,202
items and shall receive all moneys received as donations from any 41,203
source.
(B) THE RESIDENTS' BENEFIT FUND ALSO MAY BE USED TO 41,205
RECEIVE AND DISBURSE ANY DONATIONS MADE FOR EVENTS SPONSORED BY 41,206
THE OHIO VETERANS HALL OF FAME. 41,207
(C) The superintendent, subject to the approval of the 41,209
board of trustees, shall establish rules for the operation of the 41,211
home improvement RESIDENTS' BENEFIT fund. 41,212
Sec. 5907.13. Residents of the Ohio veterans' home may be 41,221
assessed a fee to pay a portion of the expenses of their support, 41,222
dependent upon their ability to pay. Subject to controlling 41,223
board approval, the board of trustees of the Ohio veterans' home 41,224
shall adopt rules for determining a resident's ability to pay. 41,225
Each resident shall furnish the board of trustees such statements 41,226
of income, assets, debts, and expenses as THAT the board 41,227
requires. All 41,228
ALL fees contributed by the residents under this section 41,231
shall be deposited into an interest-bearing account in a public 41,232
depository in accordance with section 135.18 of the Revised Code. 41,233
All such OF THESE fees shall be paid to the treasurer of state 41,235
within thirty days after the end of the month of receipt, 41,236
together with all interest credited to the account to date. The 41,237
treasurer of state shall credit eighty per cent of these fees and 41,238
of this interest to the Ohio veterans' home operating fund and 41,239
twenty per cent OF THESE FEES AND OF THIS INTEREST to the Ohio 41,240
veterans' home fund. The 41,242
THE fee for each resident shall be based upon the level of 41,245
care received for domiciliary or nursing home services PROVIDED 41,246
941
TO THE RESIDENT BY THE HOME. THE BOARD OF TRUSTEES SHALL 41,247
DETERMINE AUTHORIZED LEVELS OF CARE FOR RESIDENTS. The assessment 41,248
for each resident shall not exceed the difference between the 41,249
total per diem amount collected by the state for maintenance from 41,250
all sources on the resident's behalf and the average annual per 41,251
diem cost for the resident's maintenance, computed in accordance 41,252
with veterans administration regulations.
Sec. 5907.141. (A) All money received from the United 41,261
States department of veterans affairs in per diem grants for 41,263
state home domiciliary and nursing home care THAT THE OHIO 41,265
VETERANS' HOME PROVIDES shall be deposited in the state treasury 41,266
to the credit of the Ohio veterans' home federal grant fund, 41,267
which is hereby created. Money credited to the fund shall be 41,268
used only for the operating costs of the Ohio veterans' home. 41,269
(B) ANY RESIDENT OF THE OHIO VETERANS' HOME WHOM THE 41,272
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DETERMINES TO HAVE 41,273
EXCESS INCOME OR ASSETS, THEREFORE RENDERING THE HOME INELIGIBLE 41,274
TO COLLECT PER DIEM GRANT REIMBURSEMENT FOR DAYS OF CARE PROVIDED 41,275
TO THAT RESIDENT, IS REQUIRED TO PAY, IN ADDITION TO THE FEES 41,276
ASSESSED UNDER SECTION 5907.13 OF THE REVISED CODE, AN AMOUNT 41,277
EQUAL TO THE RATE OF PER DIEM GRANT THAT THE DEPARTMENT DENIED 41,278
FOR THAT PARTICULAR RESIDENT. ANY AMOUNT THAT THE RESIDENT PAYS 41,279
UNDER THIS DIVISION SHALL BE COLLECTED AND DISTRIBUTED IN THE 41,280
SAME MANNER AS THE FEES ASSESSED UNDER SECTION 5907.13 OF THE 41,281
REVISED CODE.
Sec. 5907.15. There is hereby created in the state 41,290
treasury the Ohio veterans VETERANS' home rental and, service 41,292
revenue, AND MEDICARE REIMBURSEMENT fund. Revenue generated from 41,295
temporary use agreements of the home, from the sale of meals at
the home's dining halls, and from rental, lease, or sharing 41,296
agreements for the use of facilities, supplies, equipment, 41,298
utilities, or services provided by the home, AND FROM MEDICARE 41,299
REIMBURSEMENTS shall be credited to the fund. The fund shall be 41,300
used only for maintenance costs of the home AND FOR THE PURCHASE 41,301
942
OF MEDICATIONS, MEDICAL SUPPLIES, AND MEDICAL EQUIPMENT BY THE 41,302
HOME.
Sec. 6109.01. As used in this chapter: 41,311
(A) "Public water system" means a system for the provision 41,313
to the public of piped water for human consumption THROUGH PIPES 41,314
OR OTHER CONSTRUCTED CONVEYANCES if the system has at least 41,316
fifteen service connections or regularly serves at least 41,317
twenty-five individuals. "Public water system" includes any 41,318
collection, treatment, storage, and distribution facilities under 41,319
control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment 41,320
storage facilities not under such control that are used primarily 41,322
in connection with the system, and any water supply system 41,323
serving an agricultural labor camp as defined in section 3733.41 41,324
of the Revised Code.
(B) "Contaminant" means any physical, chemical, 41,326
biological, or radiological substance or matter in water. 41,327
(C) "Person" means the state, any political subdivision, 41,329
agency, institution, or instrumentality thereof, any federal 41,330
agency, and any person as defined in section 1.59 of the Revised 41,331
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking 41,333
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), as amended by 41,334
the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 41,335
U.S.C. 300(f), the "Safe Drinking Water Act Amendments of 1986," 41,336
100 Stat. 642, 42 U.S.C. 300(f), and the "Safe Drinking Water Act 41,337
Amendments of 1996," 110 Stat. 1613, 42 U.S.C. 300(f), and
regulations adopted under those acts. 41,338
(E) "Community water system" means a public water system 41,340
that has at least fifteen service connections used by year-round 41,341
residents or that regularly serves at least twenty-five 41,342
year-round residents.
(F) "Small system" means a public water system serving a 41,344
population of ten thousand or fewer individuals. 41,345
943
(G) "Technical assistance" means nonfinancial assistance 41,347
provided by the state to public water systems and other eligible 41,348
applicants, including, without limitation, assistance for 41,349
planning and design, development, and implementation of source 41,350
water quality protection programs; locating alternative supplies 41,351
of drinking water; operational training; restructuring or 41,352
consolidation of small systems; providing treatment information 41,353
in order to assist compliance with a national primary drinking 41,354
water standard; and other nonfinancial assistance authorized by 41,355
the requirements governing the funds established under this 41,356
chapter. 41,357
(H) "Disadvantaged community" means the service area or 41,359
portion of a service area of a public water system that meets 41,360
affordability and other criteria established by the director of 41,361
environmental protection in rules adopted under division (M) of 41,362
section 6109.22 of the Revised Code and may include the service 41,363
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 41,364
Revised Code.
(I) "Director of environmental protection" or "director" 41,366
includes an authorized representative of the director. 41,367
(J) "Federal Water Pollution Control Act" has the same 41,369
meaning as in section 6111.01 of the Revised Code. 41,370
Sec. 6109.21. (A) Except as provided in divisions (D) and 41,380
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 41,381
without a license issued by the director of environmental 41,382
protection. A person who operates or maintains a public water 41,383
system on January 1, 1994, shall obtain an initial license under 41,384
this section in accordance with the following schedule: 41,385
(1) If the public water system is a community water 41,387
system, not later than January 31, 1994; 41,388
(2) If the public water system is not a community water 41,390
system and serves a nontransient population, not later than 41,391
944
January 31, 1994; 41,392
(3) If the public water system is not a community water 41,394
system and serves a transient population, not later than January 41,395
31, 1995. 41,396
A person proposing to operate or maintain a new public 41,398
water system after January 1, 1994, in addition to complying with 41,399
section 6109.07 of the Revised Code and rules adopted under it, 41,400
shall submit an application for an initial license under this 41,401
section to the director prior to commencing operation of the 41,402
system. 41,403
A license or license renewal issued under this section 41,405
shall be renewed annually. Such a license or license renewal 41,406
shall expire on the thirtieth day of January in the year 41,407
following its issuance. A license holder that proposes to 41,408
continue operating the public water system for which the license 41,409
or license renewal was issued shall apply for a license renewal 41,410
at least thirty days prior to that expiration date. 41,411
The director shall adopt, and may amend and rescind, rules 41,413
in accordance with Chapter 119. of the Revised Code establishing 41,414
procedures governing and information to be included on 41,415
applications for licenses and license renewals under this 41,416
section. Through June 30, 2000 2002, each application shall be 41,418
accompanied by the appropriate fee established under division (M) 41,419
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 41,420
maintain a new public water system after January 1, 1994, shall 41,421
submit a fee that equals a prorated amount of the appropriate fee 41,422
established under that division for the remainder of the 41,423
licensing year. 41,424
(B) Not later than thirty days after receiving a completed 41,426
application and the appropriate license fee for an initial 41,427
license under division (A) of this section, the director shall 41,428
issue the license for the public water system. Not later than 41,429
thirty days after receiving a completed application and the 41,430
945
appropriate license fee for a license renewal under division (A) 41,431
of this section, the director shall do one of the following: 41,432
(1) Issue the license renewal for the public water system; 41,434
(2) Issue the license renewal subject to terms and 41,436
conditions that the director determines are necessary to ensure 41,437
compliance with this chapter and rules adopted under it; 41,438
(3) Deny the license renewal if the director finds that 41,440
the public water system was not operated in substantial 41,441
compliance with this chapter and rules adopted under it. 41,442
(C) The director may suspend or revoke a license or 41,444
license renewal issued under this section if the director finds 41,445
that the public water system was not operated in substantial 41,446
compliance with this chapter and rules adopted under it. The 41,447
director shall adopt, and may amend and rescind, rules in 41,448
accordance with Chapter 119. of the Revised Code governing such 41,449
suspensions and revocations. 41,450
(D)(1) As used in division (D) of this section, "church" 41,452
means a fellowship of believers, congregation, society, 41,453
corporation, convention, or association that is formed primarily 41,454
or exclusively for religious purposes and that is not formed or 41,455
operated for the private profit of any person. 41,456
(2) This section does not apply to a church that operates 41,458
or maintains a public water system solely to provide water for 41,459
that church or for a campground that is owned by the church and 41,460
operated primarily or exclusively for members of the church and 41,461
their families. A church that, on or before the effective date 41,462
of this amendment MARCH 5, 1996, has obtained a license under 41,464
this section for such a public water system need not obtain a
license renewal under this section. 41,465
(E) This section does not apply to any public or nonpublic 41,467
school that meets minimum standards of the state board of 41,468
education that operates or maintains a public water system solely 41,469
to provide water for that school. 41,470
Sec. 6119.10. The board of trustees of a regional water 41,479
946
and sewer district or any officer or employee designated by such 41,480
THE board may make any contract for the purchase of supplies or 41,482
material or for labor for any work, under the supervision of the 41,483
board, the cost of which shall not exceed ten FIFTEEN thousand 41,484
dollars. When an expenditure, other than for the acquisition of 41,486
real estate and interests in real estate, the discharge of 41,487
noncontractual claims, personal services, the joint use of 41,488
facilities or the exercise of powers with other political 41,489
subdivisions, or for the product or services of public utilities, 41,490
exceeds ten FIFTEEN thousand dollars, such THE expenditures shall 41,492
be made only after a notice calling for bids has been published 41,493
not less than two consecutive weeks in at least one newspaper 41,494
having a general circulation within the district. If the bids 41,495
are for a contract for the construction, demolition, alteration, 41,496
repair, or reconstruction of an improvement, the board may let 41,497
the contract to the lowest and best bidder who meets the 41,498
requirements of section 153.54 of the Revised Code. If the bids 41,499
are for a contract for any other work relating to the 41,500
improvements for which a regional water and sewer district was 41,501
established, the board of trustees of the regional water and 41,502
sewer district may let the contract to the lowest or best bidder 41,503
who gives a good and approved bond with ample security 41,504
conditioned on the carrying out of the contract. Such THE 41,505
contract shall be in writing and shall be accompanied by or shall 41,507
refer to plans and specifications for the work to be done, 41,508
approved by the board. The plans and specifications shall at all 41,509
times be made and considered part of the contract. The contract 41,510
shall be approved by the board and signed by its president or 41,511
other duly authorized officer and by the contractor. In case of 41,512
a real and present emergency, the board of trustees of the 41,513
district may, by two-thirds vote of all members, MAY authorize 41,514
the president or other duly authorized officer to enter into a 41,515
contract for work to be done or for the purchase of supplies or 41,516
materials without formal bidding or advertising. All contracts 41,517
947
shall have attached the certificate required by section 5705.41 41,518
of the Revised Code duly executed by the secretary of the board 41,519
of trustees of the district. The district may make improvements 41,520
by force account or direct labor, provided THAT, if the estimated 41,521
cost of supplies or material for any such improvement exceeds ten 41,522
FIFTEEN thousand dollars, bids shall be received as provided in 41,524
this section. For the purposes of the competitive bidding 41,525
requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate 41,526
contracts for labor, supplies, or materials if such THE contracts 41,528
are in fact a part of a single contract required to be bid 41,529
competitively under this section. 41,530
Section 2. That existing sections 9.06, 9.07, 102.02, 41,533
103.143, 103.73, 103.74, 109.081, 111.18, 117.14, 117.44, 117.45, 41,534
118.01, 118.05, 118.08, 120.04, 120.06, 120.18, 120.28, 120.33, 41,535
121.05, 121.24, 122.011, 122.05, 122.15, 122.152, 124.04, 124.07, 41,536
124.181, 125.023, 125.04, 125.11, 125.15, 125.28, 126.12, 126.21, 41,537
126.25, 126.31, 126.32, 127.16, 129.55, 129.63, 129.73, 131.01, 41,538
133.20, 135.63, 149.30, 166.03, 166.05, 169.02, 169.03, 169.09, 41,539
173.35, 307.851, 307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 41,540
340.03, 341.011, 718.01, 742.63, 753.19, 901.41, 901.62, 901.63, 41,542
924.51, 924.52, 1101.15, 1107.15, 1109.23, 1151.07, 1151.201,
1155.07, 1155.10, 1155.13, 1161.09, 1161.38, 1163.09, 1163.13, 41,544
1163.16, 1181.06, 1301.01, 1309.401, 1317.07, 1321.57, 1322.02,
1322.10, 1501.01, 1507.01, 1507.12, 1515.091, 1521.04, 1547.67, 41,545
1547.68, 1547.72, 1555.12, 2108.15, 2941.51, 2151.36, 2305.232, 41,546
2949.17, 2949.19, 2949.20, 2949.201, 3109.17, 3109.18, 3375.90, 41,548
3383.08, 3501.18, 3501.21, 3517.152, 3701.04, 3701.261, 3701.262, 41,550
3701.263, 3701.89, 3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 41,552
3705.24, 3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 3722.15,
3722.16, 3734.02, 3734.05, 3734.06, 3734.18, 3734.28, 3734.57, 41,553
3734.82, 3734.87, 3734.901, 3742.03, 3742.04, 3742.05, 3742.08, 41,555
3742.19, 3745.11, 3748.07, 3748.13, 3750.02, 3769.20, 3770.03, 41,556
3793.08, 3793.10, 3793.12, 4105.17, 4112.12, 4115.34, 4163.07, 41,558
948
4301.10, 4301.30, 4301.43, 4301.62, 4303.07, 4303.10, 4303.181, 41,559
4303.182, 4303.30, 4303.35, 4399.12, 4511.191, 4511.83, 4701.03, 41,560
4703.36, 4703.37, 4712.01, 4713.10, 4713.17, 4717.03, 4717.05, 41,562
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 41,563
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 41,565
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 41,566
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 41,567
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4911.17, 4931.11, 41,568
4931.21, 4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 5101.16, 41,569
5101.21, 5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 5101.541, 41,570
5101.544, 5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 5104.38, 41,571
5107.02, 5107.05, 5107.10, 5107.16, 5107.18, 5107.22, 5107.24, 41,572
5107.26, 5107.28, 5107.541, 5107.60, 5107.72, 5108.06, 5111.01, 41,573
5111.022, 5112.03, 5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 41,575
5115.01, 5117.07, 5117.09, 5119.16, 5119.22, 5119.61, 5120.14, 41,576
5121.03, 5121.04, 5121.06, 5121.07, 5121.08, 5121.09, 5121.10, 41,577
5123.60, 5126.35, 5139.27, 5139.271, 5139.28, 5139.281, 5139.43, 41,579
5145.30, 5502.21, 5502.22, 5502.25, 5502.28, 5502.34, 5513.07, 41,580
5515.01, 5528.36, 5703.05, 5703.052, 5703.053, 5703.21, 5709.62, 41,581
5709.63, 5709.632, 5709.83, 5711.16, 5711.22, 5727.01, 5727.111,
5727.12, 5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 41,582
5727.42, 5727.48, 5727.50, 5727.60, 5733.05, 5733.16, 5733.33, 41,583
5739.31, 5743.08, 5743.14, 5743.55, 5743.59, 5743.99, 5747.11, 41,584
5907.11, 5907.13, 5907.141, 5907.15, 6109.01, 6109.21, and 41,586
6119.10 and sections 117.16, 1155.131, 1163.17, 2108.021, 41,587
2151.55, 4113.14, 4931.01, 4931.03, 4931.08, 4931.20, 4931.23, 41,588
4931.24, 5107.77, 5111.172, and 5115.08 of the Revised Code are 41,589
hereby repealed. That existing Section 4 of Sub. H.B. 167 of the 41,591
121st General Assembly, as amended by Sub. H.B. 710 of the 121st 41,592
General Assembly and Am. Sub. H.B. 215 of the 122nd General 41,593
Assembly, is hereby repealed. 41,594
Section 3. That Section 5 of Am. Sub. S.B. 50 of the 121st 41,596
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd 41,598
General Assembly, be amended to read as follows: 41,599
949
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st 41,602
General Assembly shall take effect July 1, 1999 2001." 41,603
Section 4. That existing Section 5 of Am. Sub. S.B. 50 of 41,605
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 41,606
the 122nd General Assembly, is hereby repealed. 41,607
Section 5. Except as otherwise provided, all appropriation 41,609
line items (ALI) in this act are hereby appropriated out of any 41,610
moneys in the state treasury to the credit of the designated 41,611
fund, which are not otherwise appropriated. For all 41,612
appropriations made in this act, those amounts in the first 41,613
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 41,614
FND ALI ALI TITLE FY 2000 FY 2001 41,623
Section 6. ACC ACCOUNTANCY BOARD OF OHIO 41,626
General Services Fund Group 41,628
4J8 889-601 CPA Education 41,631
Assistance $ 200,000 $ 200,000 41,633
4K9 889-609 Operating Expenses $ 818,726 $ 810,813 41,637
TOTAL GSF General Services Fund 41,638
Group $ 1,018,726 $ 1,010,813 41,641
TOTAL ALL BUDGET FUND GROUPS $ 1,018,726 $ 1,010,813 41,644
Section 7. PAY ACCRUED LEAVE LIABILITY 41,647
Accrued Leave Liability Fund Group 41,649
806 995-666 Accrued Leave Fund $ 51,911,388 $ 58,703,605 41,654
807 995-667 Disability Fund $ 33,111,113 $ 34,766,669 41,658
TOTAL ALF Accrued Leave Liability 41,659
Fund Group $ 85,022,501 $ 93,470,274 41,662
Agency Fund Group 41,665
808 995-668 State Employee Health 41,668
Benefit Fund $ 125,908,931 $ 133,973,454 41,670
809 995-669 Dependent Care 41,672
Spending Account $ 2,579,750 $ 2,773,231 41,674
810 995-670 Life Insurance 41,676
Investment Fund $ 2,259,874 $ 2,372,867 41,678
950
811 995-671 Parental Leave 41,680
Benefit Fund $ 4,149,522 $ 5,186,902 41,682
TOTAL AGY Agency Fund Group $ 134,898,077 $ 144,306,454 41,685
TOTAL ALL BUDGET FUND GROUPS $ 219,920,578 $ 237,776,728 41,691
Accrued Leave Liability Fund 41,694
The foregoing appropriation item 995-666, Accrued Leave 41,696
Fund, shall be used to make payments from the Accrued Leave 41,697
Liability Fund (Fund 806), pursuant to section 125.211 of the 41,698
Revised Code. If it is determined by the Director of Budget and 41,699
Management that additional amounts are necessary, the amounts are 41,700
hereby appropriated. 41,701
State Employee Disability Leave Benefit Fund 41,703
The foregoing appropriation item 995-667, Disability Fund, 41,705
shall be used to make payments from the State Employee Disability 41,706
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 41,707
Revised Code. If it is determined by the Director of Budget and 41,708
Management that additional amounts are necessary, the amounts are 41,709
hereby appropriated. 41,710
State Employee Health Benefit Fund 41,712
The foregoing appropriation item 995-668, State Employee 41,714
Health Benefit Fund, shall be used to make payments from the 41,715
State Employee Health Benefit Fund (Fund 808), pursuant to 41,716
section 124.87 of the Revised Code. If it is determined by the 41,717
Director of Budget and Management that additional amounts are 41,718
necessary, the amounts are hereby appropriated. 41,719
Dependent Care Spending Account 41,721
The foregoing appropriation item 995-669, Dependent Care 41,723
Spending Account, shall be used to make payments from the 41,724
Dependent Care Spending Account (Fund 809) to employees eligible 41,725
for dependent care expenses. If it is determined by the Director 41,726
of Budget and Management that additional amounts are necessary, 41,727
the amounts are hereby appropriated. 41,728
Life Insurance Investment Fund 41,730
The foregoing appropriation item 995-670, Life Insurance 41,732
951
Investment Fund, shall be used to make payments from the Life 41,733
Insurance Investment Fund (Fund 810) for the costs and expenses 41,734
of the state's life insurance benefit program pursuant to section 41,735
125.212 of the Revised Code. If it is determined by the Director 41,736
of Budget and Management that additional amounts are necessary, 41,737
the amounts are hereby appropriated. 41,738
Parental Leave Benefit Fund 41,740
The foregoing appropriation item 995-671, Parental Leave 41,742
Benefit Fund, shall be used to make payments from the Parental 41,743
Leave Benefit Fund (Fund 811) to employees eligible for parental 41,744
leave benefits pursuant to section 124.137 of the Revised Code. 41,745
If it is determined by the Director of Budget and Management that 41,746
additional amounts are necessary, the amounts are hereby 41,747
appropriated. 41,748
Section 8. ADJ ADJUTANT GENERAL 41,750
General Revenue Fund 41,752
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 41,757
GRF 745-403 Armory Deferred 41,759
Maintenance $ 800,000 $ 800,000 41,761
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 41,765
GRF 745-409 Central 41,767
Administration $ 3,860,435 $ 3,848,936 41,769
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 41,773
GRF 745-502 Ohio National Guard 41,775
Unit Fund $ 118,086 $ 121,392 41,777
TOTAL GRF General Revenue Fund $ 10,625,842 $ 10,611,725 41,780
General Services Fund Group 41,783
534 745-612 Armory Improvements $ 511,500 $ 523,776 41,788
536 745-620 Camp Perry Clubhouse 41,790
and Rental $ 996,340 $ 1,008,771 41,792
537 745-604 ONG Maintenance $ 205,163 $ 209,847 41,796
TOTAL GSF General Services Fund 41,797
Group $ 1,713,003 $ 1,742,394 41,800
Federal Special Revenue Fund Group 41,803
952
3E8 745-628 Air National Guard 41,806
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 41,808
3R8 745-603 Counter Drug 41,810
Operations $ 100,000 $ 100,000 41,812
3S0 745-602 Higher Ground 41,814
Training $ 35,000 $ 35,000 41,816
341 745-615 Air National Guard 41,818
Base Security $ 2,008,925 $ 1,992,760 41,820
342 745-616 Army National Guard 41,822
Service Agreement $ 4,370,403 $ 4,439,930 41,824
343 745-619 Army National Guard 41,826
Training Site
Agreement $ 2,734,477 $ 2,781,245 41,828
TOTAL FED Federal Special Revenue 41,829
Fund Group $ 20,429,107 $ 20,598,733 41,832
State Special Revenue Fund Group 41,835
528 745-605 Marksmanship 41,837
Activities $ 61,600 $ 63,078 41,839
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 41,842
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,829,552 $ 33,015,930 41,847
Armory Deferred Maintenance 41,850
Of the foregoing appropriation item 745-403, Armory 41,852
Deferred Maintenance, all disbursements shall be made based on a 41,853
spending plan approved by the Director of Budget and Management. 41,854
Marksmanship Activities 41,856
On July 1, 1999, or as soon thereafter as possible, the 41,858
Director of Budget and Management shall transfer the cash balance 41,859
in the Marksmanship Program (Fund 340) to Marksmanship Activities 41,860
(Fund 528), and Fund 340 is hereby abolished. The director shall 41,861
cancel any existing encumbrances against appropriation item 41,862
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 41,863
953
528). The amounts of the reestablished encumbrances are hereby 41,864
appropriated.
Section 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 41,866
General Revenue Fund 41,868
GRF 100-402 Unemployment 41,871
Compensation $ 130,591 $ 134,069 41,873
GRF 100-405 Agency Audit Expenses $ 672,767 $ 770,956 41,877
GRF 100-406 County & University 41,879
Human Resources
Services $ 1,263,419 $ 1,244,851 41,881
GRF 100-409 Departmental 41,883
Information Services $ 1,518,558 $ 1,489,757 41,885
GRF 100-410 Veterans' Records 41,887
Conversion $ 500,000 $ 500,000 41,889
GRF 100-414 Ohio Geographically 41,891
Referenced
Information Program $ 642,224 $ 659,227 41,893
GRF 100-416 Strategic Technology 41,895
Development Programs $ 4,043,290 $ 4,188,593 41,897
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 41,901
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 41,905
GRF 100-433 State of Ohio 41,907
Computer Center $ 5,090,081 $ 5,204,349 41,909
GRF 100-439 Equal Opportunity 41,911
Programs $ 1,394,375 $ 1,430,694 41,913
GRF 100-447 OBA - Building Rent 41,915
Payments $ 89,400,000 $ 97,335,000 41,917
GRF 100-448 OBA - Building 41,919
Operating Payments $ 25,498,000 $ 25,498,000 41,921
GRF 100-449 DAS - Building 41,923
Operating Payments $ 5,637,392 $ 5,620,548 41,925
GRF 100-451 Minority Affairs $ 876,551 $ 878,910 41,929
GRF 130-321 State Agency Support 41,931
Services $ 3,938,112 $ 3,994,685 41,933
954
TOTAL GRF General Revenue Fund $ 151,392,909 $ 159,820,213 41,936
General Services Fund Group 41,939
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 41,944
115 100-632 Central Service 41,946
Agency $ 389,317 $ 398,151 41,948
117 100-644 General Services 41,950
Division - Operating $ 6,152,252 $ 5,836,960 41,952
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 41,956
125 100-622 Human Resources 41,958
Division - Operating $ 21,275,977 $ 19,663,245 41,960
127 100-627 Vehicle Liability 41,962
Insurance $ 4,160,053 $ 4,276,001 41,964
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 41,968
130 100-606 Fidelity Bonding 41,970
Programs $ 109,611 $ 112,497 41,972
131 100-639 State Architect's 41,974
Office $ 6,154,743 $ 6,066,535 41,976
132 100-631 DAS Building 41,978
Management $ 10,584,283 $ 10,327,827 41,980
188 100-649 Equal Opportunity 41,982
Programs $ 2,194,260 $ 2,228,255 41,984
201 100-653 General Services 41,986
Resale Merchandise $ 1,978,768 $ 2,034,174 41,988
210 100-612 State Printing $ 6,157,561 $ 6,322,592 41,992
4H2 100-604 Governor's Residence 41,994
Gift $ 21,622 $ 22,141 41,996
4P3 100-603 Departmental MIS 41,998
Services $ 6,493,349 $ 7,312,130 42,000
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 42,004
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 42,008
TOTAL GSF General Services Fund 42,009
Group $ 80,845,416 $ 80,066,246 42,012
Federal Special Revenue Fund Group 42,015
955
307 100-633 Federal Special 42,018
Revenue $ 183,000 $ 79,000 42,020
TOTAL FED Federal Special Revenue 42,021
Fund Group $ 183,000 $ 79,000 42,024
State Special Revenue Fund Group 42,027
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 42,031
TOTAL SSR State Special Revenue 42,032
Fund Group $ 12,000,000 $ 12,000,000 42,035
Intragovernmental Service Fund Group 42,038
133 100-607 Information 42,041
Technology Fund $ 92,027,981 $ 91,726,824 42,043
4N6 100-617 Major Computer 42,045
Purchases $ 19,016,469 $ 19,472,864 42,047
TOTAL ISF Intragovernmental 42,048
Service Fund Group $ 111,044,450 $ 111,199,688 42,051
Agency Fund Group 42,054
113 100-628 Unemployment 42,057
Compensation $ 4,884,530 $ 5,128,757 42,059
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 42,063
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 42,066
Holding Account Redistribution Fund Group 42,069
R08 100-646 General Services 42,072
Refunds $ 20,000 $ 20,000 42,074
TOTAL 090 Holding Account 42,075
Redistribution Fund Group $ 20,000 $ 20,000 42,078
TOTAL ALL BUDGET FUND GROUPS $2,145,370,305 $2,242,563,904 42,081
Section 9.01. Agency Audit Expenses 42,084
Of the foregoing appropriation item 100-405, Agency Audit 42,086
Expenses, up to $222,000 in fiscal year 2000 and up to $226,800 42,087
in fiscal year 2001 shall be used to subsidize the operations of 42,088
the Central Service Agency. The Department of Administrative 42,089
Services shall transfer cash from appropriation item 100-405, 42,090
Agency Adult Expenses, to the Central Service Agency Fund (Fund 42,091
115) using an intrastate transfer voucher. 42,092
956
Of the foregoing appropriation item 100-405, Agency Audit 42,094
Expenses, up to $30,000 in fiscal year 2000 and $30,000 in fiscal 42,095
year 2001 shall be used for the Department of Administrative 42,098
Services' GRF line item-related auditing expenses. The remainder 42,099
of the appropriation shall be used for auditing expenses 42,100
designated in division (A)(1) of section 117.13 of the Revised 42,101
Code for those state agencies audited on a biennial basis. 42,102
Of the foregoing appropriation item 100-405, Agency Audit 42,104
Expenses, $5,000 in each fiscal year shall be used for the Ohio 42,105
Veterans' Children's Home Ex-Pupils Association. 42,106
Of the foregoing appropriation item 100-406, County & 42,108
University Human Resources Services, the Director of 42,109
Administrative Services shall transfer $10,795 in fiscal year 42,110
2000 to the Workforce Development Fund (Fund 5D7) to pay interest 42,111
that should have accrued to the Workforce Development Fund in 42,112
fiscal year 1998. This transfer shall be made using an 42,113
intrastate transfer voucher.
Veterans' Records Conversion 42,115
The office of Veterans Affairs within the Office of the 42,117
Governor shall identify the Merchant Marines who served in the 42,118
war zone in World War II.
Fidelity Bonding Programs 42,120
Pursuant to a written request by the Chief of the Division 42,122
of Wildlife in the Department of Natural Resources, the 42,123
self-insured blanket fidelity bonding program authorized by 42,124
section 9.832 of the Revised Code shall revert to the Division of 42,125
Wildlife effective July 1, 1999. Upon receipt of the chief's 42,126
request, the Department of Administrative Services shall prepare 42,127
a preliminary estimate of the amount of cash held on behalf of 42,128
the Division of Wildlife that is not committed for costs incurred 42,129
by or for the self-insured fidelity bonding program. The 42,130
Director of Administrative Services shall certify such amount to 42,131
the Director of Budget and Management. Upon receipt of the 42,132
certification, the Director of Budget and Management shall 42,133
957
transfer the amount of cash certified by the Director of 42,134
Administrative Services from the State Insurance Pool (Fund 130) 42,135
to the Wildlife Fund created in section 1531.17 of the Revised 42,136
Code. After transfer of the preliminary estimate of cash to the 42,137
Wildlife Fund, the Department of Administrative Services shall 42,138
reconcile fiscal year 1999 financial activity in the State 42,139
Insurance Pool. The department shall determine the final amount 42,140
of cash to be transferred between the State Insurance Pool and 42,141
the Wildlife Fund. The Director of Budget and Management shall 42,142
transfer the final amount certified to the Wildlife Fund or to 42,143
the State Insurance Pool, as appropriate.
Section 9.02. Ohio Building Authority 42,145
The foregoing appropriation item 100-447, OBA - Building 42,147
Rent Payments, shall be used to meet all payments at the times 42,149
they are required to be made during the period from July 1, 1999, 42,150
to June 30, 2001, by the Department of Administrative Services to 42,151
the Ohio Building Authority pursuant to leases and agreements 42,152
under Chapter 152. of the Revised Code, but limited to the 42,153
aggregate amount of $186,735,000. The foregoing appropriation 42,154
item 100-448, OBA - Building Operating Payments, shall be used to 42,156
meet all payments at the times that they are required to be made 42,157
during the period from July 1, 1999, to June 30, 2001, by the 42,158
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 42,160
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 42,161
pledged for bond service charges on obligations issued pursuant 42,162
to Chapter 152. of the Revised Code. 42,163
The payments to the Ohio Building Authority are for the 42,165
purpose of paying the expenses of agencies that occupy space in 42,166
the various state facilities. The Department of Administrative 42,167
Services may enter into leases and agreements with the Ohio 42,168
Building Authority providing for the payment of such expenses. 42,169
The Ohio Building Authority shall report to the Department of 42,171
958
Administrative Services and the Office of Budget and Management 42,172
not later than five months after the start of a fiscal year the 42,173
actual expenses incurred by the Ohio Building Authority in 42,174
operating such facilities and any balances remaining from 42,175
payments and rentals received in the prior fiscal year. The 42,176
Department of Administrative Services shall reduce subsequent 42,177
payments by the amount of the balance reported to it by the Ohio 42,178
Building Authority.
Section 9.03. DAS - Building Operating Payments 42,180
The foregoing appropriation item 100-449, DAS - Building 42,182
Operating Payments, shall be used to pay the rent expenses of 42,184
veterans organizations pursuant to section 123.024 of the Revised 42,185
Code in fiscal years 2000 and 2001. 42,186
Notwithstanding section 125.28 of the Revised Code, the 42,188
remaining portion of this appropriation may be used to pay the 42,190
operating expenses of state facilities maintained by the 42,192
Department of Administrative Services that are not billed to 42,194
building tenants. Such expenses may include, but are not limited 42,196
to, the costs for vacant space and space undergoing renovation, 42,197
and the rent expenses of tenants that are relocated due to 42,198
building renovations. 42,199
Such payments shall be processed by the Department of 42,201
Administrative Services through intrastate vouchers and placed in 42,203
the Facilities Management Fund (Fund 132). 42,205
Section 9.04. Equal Opportunity Programs and Minority 42,207
Affairs
The Department of Administrative Services, with the 42,209
approval of the Director of Budget and Management, shall 42,210
establish charges for recovering the costs of administering the 42,211
activities supported by the Equal Opportunity Programs Fund (Fund 42,212
188). These charges shall be deposited to the credit of the 42,214
Equal Opportunity Programs Fund (Fund 188) upon payment made by 42,215
state agencies; state-supported or state-assisted institutions of 42,217
higher education; and tax-supported agencies, municipal 42,218
959
corporations, or other political subdivisions of the state, for 42,219
services rendered.
The foregoing appropriation item 100-451, Minority Affairs, 42,222
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an access 42,224
point and official representation to multi-cultural communities; 42,225
research and reports on multi-cultural issues; and educational, 42,226
governmental, and other services that foster multi-cultural 42,227
opportunities and understanding in the state of Ohio. 42,228
Minority Business Enterprises (MBEs) and Disadvantaged 42,230
Business Enterprises (DBEs) Predicate Study 42,231
During the 1999-2001 biennium, the Director of 42,233
Administrative Services shall use no less than $750,000 in each 42,234
fiscal year to perform a predicate study of minority business 42,235
enterprises and disadvantaged business enterprises.
The Director of Administrative Services shall present the 42,237
results of this study to the Governor and the General Assembly by 42,238
January 1, 2001.
Section 9.05. Central Service Agency Fund 42,240
In order to complete the migration of the licensing 42,242
applications of the professional licensing boards to a local area 42,244
network, the Director of Budget and Management may, at the 42,245
request of the Director of Administrative Services, cancel 42,246
related encumbrances in the Central Service Agency Fund (Fund 42,247
115) and reestablish these encumbrances in fiscal year 2000 for 42,248
the same purpose and to the same vendor. The Director of Budget 42,249
and Management shall reduce the appropriation balance in fiscal 42,250
year 1999 by the amount of encumbrances canceled in Fund 115. As 42,251
determined by the Director of Budget and Management, the 42,252
appropriation authority necessary to reestablish such 42,253
encumbrances or parts of encumbrances in fiscal year 2000 in the 42,254
Central Service Agency Fund (Fund 115) is hereby appropriated. 42,255
The Director of Budget and Management may transfer up to 42,257
$750,000 in fiscal year 2000 and up to $750,000 in fiscal year 42,258
960
2001 from the Occupational Licensing and Regulatory Fund (Fund 42,259
4K9) to the Central Service Agency Fund (Fund 115). The Director 42,260
of Budget and Management may transfer up to $300,000 in fiscal 42,261
year 2000 and up to $300,000 in fiscal year 2001 from the State 42,262
Medical Board Operating Fund (Fund 5C6) to the Central Service 42,263
Agency Fund (Fund 115). The appropriation item 100-632, Central 42,264
Service Agency, shall be used to purchase the necessary 42,265
equipment, products, and services to install a local area network 42,266
for the professional licensing boards, to improve processing of 42,267
their licensing applications to this fiscal year 2001. 42,269
Appropriation authority equal to the cash transfer is hereby 42,270
appropriated to appropriation item 100-632, Central Service 42,271
Agency.
Section 9.06. Tuition Reimbursement 42,273
Of the foregoing appropriation item 100-622, Human 42,275
Resources Division - Operating, $250,000 in fiscal year 2000 and 42,276
$250,000 in fiscal year 2001 shall be set aside for the District 42,277
1199 Health Care Employees Tuition Reimbursement Program, per 42,278
existing collective bargaining agreements. Of the foregoing 42,279
appropriation item 100-622, Human Resources Division - Operating, 42,280
$75,000 in fiscal year 2000 and $75,000 in fiscal year 2001 shall 42,281
be set aside for the Ohio Education Association Tuition 42,282
Reimbursement Program, per existing collective bargaining 42,283
agreements. The Department of Administrative Services, with the 42,284
approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the 42,285
District 1199 Health Care Employees Tuition Reimbursement Program 42,286
and the Ohio Education Association Tuition Reimbursement Program. 42,287
Receipts for these charges shall be deposited into the Human 42,288
Resources Services Fund (Fund 125). 42,289
Innovation Ohio 42,291
Of the foregoing appropriation item 100-622, Human 42,293
Resources Division - Operating, $174,004 in fiscal year 2000 and 42,294
$178,876 in fiscal year 2001 shall be used for the Innovation 42,295
961
Ohio program.
Section 9.07. Collective Bargaining Arbitration Expenses 42,298
With approval of the Director of Budget and Management, the 42,300
Department of Administrative Services may seek reimbursement from 42,301
state agencies for the actual costs and expenses the department 42,302
incurs in the collective bargaining arbitration process. Such 42,303
reimbursements shall be processed through intrastate transfer 42,304
vouchers and placed in the Collective Bargaining Fund (Fund 128). 42,305
DAS Building Management 42,307
Of the foregoing appropriation item 100-631, DAS Building 42,309
Management, up to $175,000 may be used to pay office relocation 42,310
and office remodeling costs for the veterans organizations 42,311
designated in section 123.024 of the Revised Code.
Of the foregoing appropriation item 100-631, DAS Building 42,313
Management, up to $193,000 in fiscal year 2000 may be used to pay 42,314
site management and maintenance costs at the Water Tower Park 42,315
Project, formerly known as Coit Road. 42,316
Workforce Development Fund 42,318
There is hereby established in the state treasury the 42,320
Workforce Development Fund (Fund 5D7). The foregoing 42,321
appropriation item 100-621, Workforce Development, shall be used 42,322
to make payments from the fund. The fund shall be under the 42,323
supervision of the Department of Administrative Services, which 42,324
may adopt rules with regard to the administration of the fund. 42,325
The fund shall be used to pay the costs of the Workforce 42,326
Development Program established by Article 37 of the contract 42,327
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 42,328
March 1, 1997. The program shall be administered in accordance 42,329
with the contract. Revenues shall accrue to the fund as 42,330
specified in the contract. The fund may be used to pay direct 42,331
and indirect costs of the program that are attributable to staff, 42,332
consultants, and service providers. All income derived from the 42,333
investment of the fund shall accrue to the fund. 42,334
If it is determined by the Director of Administrative 42,336
962
Services that additional appropriation amounts are necessary, the 42,337
Director of Administrative Services may request that the Director 42,338
of Budget and Management increase such amounts. Such amounts are 42,339
hereby appropriated. 42,340
Section 9.08. Payroll Withholding Fund 42,342
The foregoing appropriation item 100-629, Payroll 42,344
Deductions, shall be used to make payments from the Payroll 42,345
Withholding Fund (Fund 124). If it is determined by the Director 42,346
of Budget and Management that additional appropriation amounts 42,347
are necessary, such amounts are hereby appropriated. 42,348
Section 9.09. General Services Charges 42,350
The Department of Administrative Services, with the 42,352
approval of the Director of Budget and Management, shall 42,353
establish charges for recovering the costs of administering the 42,354
programs in the General Services Administration Fund (Fund 117) 42,355
and the State Printing Fund (Fund 210). 42,357
Section 9.10. Merchandise for Resale 42,359
The foregoing appropriation item 100-653, General Services 42,361
Resale Merchandise, shall be used to account for merchandise for 42,362
resale, which is administered by the General Services Division. 42,363
Deposits to the fund may comprise the cost of merchandise for 42,364
resale and shipping fees. Notwithstanding any other language to 42,365
the contrary, the Director of Budget and Management may transfer 42,366
up to $150,000 cash from the General Services Resale Merchandise 42,367
Fund (Fund 201) to the General Services Fund (Fund 117) during 42,368
the 1999-2001 biennium. Appropriation item 100-644, General 42,369
Services Division - Operating, shall be used to pay the costs of 42,370
placing the forms distribution inventory on the internet. 42,371
Section 9.11. Unemployment Compensation Fund 42,373
The foregoing appropriation item 100-628, Unemployment 42,375
Compensation, shall be used to make payments from the 42,376
Unemployment Compensation Fund (Fund 113), pursuant to section 42,377
4141.241 of the Revised Code. If it is determined that 42,378
additional amounts are necessary, such amounts are hereby 42,379
963
appropriated. 42,380
Section 9.12. Governor's Residence Gift 42,382
The foregoing appropriation item 100-604, Governor's 42,384
Residence Gift, shall be used to provide part or all of the 42,385
funding related to construction, goods, or services for the 42,386
Governor's residence. All receipts for this purpose shall be 42,387
deposited into Fund 4H2. 42,388
Section 9.13. Investment Recovery Fund 42,390
Of the foregoing appropriation item 100-602, Investment 42,392
Recovery, up to $1,072,187 in fiscal year 2000 and up to 42,393
$1,057,259 in fiscal year 2001 shall be used to pay the operating 42,395
expenses of the State Surplus Property Program and the Surplus 42,396
Federal Property Program pursuant to Chapter 125. of the Revised 42,397
Code. If additional appropriations are necessary for the 42,398
operations of these programs, the Director of Administrative 42,399
Services shall seek increased appropriations from the Controlling 42,400
Board pursuant to section 131.35 of the Revised Code. 42,401
Of the foregoing appropriation item 100-602, Investment 42,403
Recovery, up to $2,249,340 in fiscal year 2000 and $2,355,742 in 42,404
fiscal year 2001 shall be used to transfer proceeds from the sale 42,406
of surplus property from the Investment Recovery Fund to 42,407
non-General Revenue Funds pursuant to division (A)(2) of section 42,408
125.14 of the Revised Code. If it is determined by the Director 42,409
of Administrative Services that additional appropriations are 42,410
necessary for the transfer of such sale proceeds, the Director of 42,411
Administrative Services may request that the Director of Budget 42,412
and Management increase such amounts. Such amounts are hereby 42,413
appropriated.
Notwithstanding section 125.14 of the Revised Code, cash 42,415
balances in the Investment Recovery Fund may be used to support 42,416
the operating expenses of the Federal Surplus Property Program 42,417
created in sections 125.84 to 125.90 of the Revised Code. 42,418
Section 9.14. Departmental MIS 42,420
The foregoing appropriation item 100-603, Departmental MIS 42,422
964
Services, may be used to pay operating expenses of management 42,423
information systems activities in the Department of 42,424
Administrative Services. The Department of Administrative 42,425
Services shall establish charges for recovering the costs of 42,426
management information systems activities. These charges shall 42,427
be deposited to the credit of the Departmental MIS Fund (Fund 42,428
4P3), which is hereby created. 42,429
Notwithstanding any other language to the contrary, the 42,431
Director of Budget and Management may transfer up to $3,725,928 42,432
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 42,433
year 2001 appropriations from appropriation item 100-603, 42,434
Departmental MIS Services, to any Department of Administrative 42,435
Services non-General Revenue Fund appropriation item. The 42,437
appropriations transferred shall be used to make payments for 42,438
management information systems services. Notwithstanding any 42,439
other language to the contrary, the Director of Budget and 42,440
Management may transfer up to $654,383 of fiscal year 2000 42,441
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 42,442
Information Services, to any Department of Administrative 42,443
Services appropriation item in the General Revenue Fund. The 42,444
appropriations transferred shall be used to make payments for 42,445
management information systems services. 42,446
Section 9.15. Telecommunications Fund 42,448
Notwithstanding any other provisions of law to the 42,450
contrary, the Telecommunications Fund (Fund 123) created in 42,451
section 125.15 of the Revised Code shall cease to exist, 42,452
effective July 1, 1999. All assets, liabilities, revenues, and 42,453
obligations associated with the Telecommunications Fund are 42,454
hereby transferred to the Computer Services Fund (Fund 133) on 42,455
the effective date of this section.
Information Technology Fund 42,457
Of the foregoing appropriation item 100-607, Information 42,459
Technology Fund, $6,840,467 in fiscal year 2000 and $5,000,000 in 42,460
965
fiscal year 2001 shall be used for operating expenses of the Y2K 42,461
Competency Center. These moneys may also be used to assist the 42,462
procurement of services and equipment necessary for century date 42,463
conversions.
Section 9.16. Computer Equipment Purchases 42,465
The Director of Administrative Services shall compute the 42,467
amount of revenue attributable to the amortization of all 42,468
equipment purchases from appropriation items 100-607, Information 42,469
Technology Fund; 100-617, Major Computer Purchases; and CAP-837, 42,470
Major Equipment Purchases, which is recovered by the Department 42,471
of Administrative Services as part of the rates charged by Fund 42,472
133, Information Technology Fund. The Director of Budget and 42,473
Management may transfer this cash from Fund 133, Information 42,474
Technology Fund, to Fund 4N6, Equipment Purchases. 42,475
Section 9.17. Multi-Agency Radio Communication System Debt 42,477
Service Payments 42,478
The Director of Administrative Services, in consultation 42,480
with the Multi-Agency Radio Communication System (MARCS) Steering 42,481
Committee and the Director of Budget and Management, shall 42,482
determine the share of debt service payments attributable to 42,483
spending for MARCS components that are not specific to any one 42,484
agency and that shall be charged to agencies supported by the 42,485
motor fuel tax. Such share of debt service payments shall be 42,486
calculated for MARCS capital disbursements made beginning July 1, 42,488
1997. Within thirty days of any payment made from appropriation 42,489
item 100-447, OBA - Building Rent Payments, the Director of 42,490
Administrative Services shall certify to the Director of Budget 42,491
and Management the amount of this share. The Director of Budget 42,492
and Management shall transfer such amounts to the General Revenue 42,493
Fund from the Highway Operating Fund (Fund 002) established in 42,494
section 5735.281 of the Revised Code.
Section 9.18. General Services Refunds 42,496
The foregoing appropriation item 100-646, General Services 42,498
Refunds, shall be used to hold bid guarantee and building plans 42,500
966
and specifications deposits until they are refunded. The 42,501
Director of Administrative Services may request that the Director 42,502
of Budget and Management transfer cash received for the costs of 42,503
providing the building plans and specifications to contractors 42,504
from the General Services Refund Fund to Fund 131, State 42,505
Architect's Office. Prior to the transfer of cash, the Director 42,507
of Administrative Services shall certify that such amounts are in 42,508
excess of amounts required for refunding deposits and are 42,509
directly related to costs of producing building plans and 42,510
specifications. If it is determined that additional 42,511
appropriations are necessary, such amounts are hereby 42,512
appropriated.
Section 10. AAM COMMISSION ON AFRICAN AMERICAN MALES 42,514
General Revenue Fund 42,516
GRF 036-100 Personal Services $ 549,872 $ 563,069 42,520
GRF 036-200 Maintenance $ 125,750 $ 128,768 42,524
TOTAL GRF General Revenue Fund $ 675,622 $ 691,837 42,527
State Special Revenue Fund Group 42,530
4H3 036-601 Commission on African 42,531
American Males -
Gifts/Grants $ 210,000 $ 210,000 42,533
TOTAL SSR State Special Revenue $ 210,000 $ 210,000 42,537
Fund Group
TOTAL ALL BUDGET FUND GROUP $ 885,622 $ 901,837 42,540
Section 11. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 42,543
General Revenue Fund 42,545
GRF 029-321 Operating Expenses $ 381,126 $ 381,126 42,550
TOTAL GRF General Revenue Fund $ 381,126 $ 381,126 42,553
TOTAL ALL BUDGET FUND GROUPS $ 381,126 $ 381,126 42,556
Operating 42,559
The Chief Administrative Officer of the House of 42,561
Representatives and the Clerk of the Senate shall determine, by 42,562
mutual agreement, which of them shall act as the fiscal agent for 42,564
the Joint Committee on Agency Rule Review.
967
Section 12. AGE DEPARTMENT OF AGING 42,566
General Revenue Fund 42,568
GRF 490-100 Personal Services $ 2,038,021 $ 2,010,528 42,573
GRF 490-200 Maintenance $ 898,667 $ 916,640 42,577
GRF 490-300 Equipment $ 16,633 $ 16,966 42,581
GRF 490-403 PASSPORT $ 56,400,000 $ 60,300,000 42,585
GRF 490-404 Eldercare $ 211,287 $ 155,200 42,589
GRF 490-408 STARS $ 2,037,000 $ 2,138,850 42,593
GRF 490-409 Americorps Operations $ 320,000 $ 318,000 42,597
GRF 490-410 Long-Term Care 42,599
Ombudsman $ 1,431,251 $ 1,459,876 42,601
GRF 490-411 Senior Community 42,603
Services $ 13,743,032 $ 14,068,112 42,605
GRF 490-412 Residential State 42,607
Supplement $ 12,000,000 $ 12,800,000 42,609
GRF 490-414 Alzheimers Respite $ 3,027,217 $ 4,527,217 42,613
GRF 490-418 Area Agency on Aging 42,615
Region 9, Inc. $ 77,036 $ 0 42,618
GRF 490-499 Senior Employment 42,620
Program $ 15,504 $ 15,892 42,622
GRF 490-504 Senior Facilities $ 366,354 $ 375,146 42,626
GRF 490-506 Senior Volunteers $ 495,541 $ 506,714 42,630
TOTAL GRF General Revenue Fund $ 93,077,543 $ 99,609,141 42,633
General Services Fund Group 42,636
480 490-606 Senior Citizens 42,639
Services Special
Events $ 347,422 $ 355,760 42,641
TOTAL GSF General Services Fund 42,642
Group $ 347,422 $ 355,760 42,645
Federal Special Revenue Fund Group 42,648
3C4 490-607 PASSPORT $ 115,382,758 $ 125,869,741 42,653
3M3 490-611 Federal Aging 42,655
Nutrition $ 23,487,872 $ 25,010,161 42,657
968
3M4 490-612 Federal Supportive 42,659
Services $ 16,806,644 $ 18,537,855 42,661
3R7 490-617 Americorps Programs $ 6,116,058 $ 6,408,865 42,665
322 490-618 Older Americans 42,667
Support Services $ 11,054,648 $ 11,946,028 42,670
TOTAL FED Federal Special Revenue 42,671
Fund Group $ 172,847,980 $ 187,772,650 42,674
State Special Revenue Fund Group 42,677
4C4 490-609 Regional Long-Term 42,680
Care Ombudsman 42,681
Program $ 420,614 $ 430,709 42,683
4H1 490-603 Aging Services $ 681,087 $ 697,433 42,687
4J4 490-610 PASSPORT/Residential 42,689
State Supplement $ 24,000,000 $ 24,000,000 42,691
4U9 490-602 PASSPORT Fund $ 7,300,000 $ 7,500,000 42,695
TOTAL SSR State Special Revenue 42,696
Fund Group $ 32,401,701 $ 32,628,142 42,699
TOTAL ALL BUDGET FUND GROUPS $ 298,674,646 $ 320,365,693 42,702
Section 12.01. Pre-Admission Review for Nursing Facility 42,705
Admission 42,706
Pursuant to sections 5101.751 and 5101.754 of the Revised 42,709
Code and an interagency agreement, the Department of Human 42,710
Services shall designate the Department of Aging to perform 42,712
assessments under sections 5101.75 and 5111.204 of the Revised 42,714
Code. Of the foregoing appropriation item 490-403, PASSPORT, the 42,716
Department of Aging may use not more than $2,200,000 in fiscal 42,717
year 2000 and $2,332,000 in fiscal year 2001 to perform the 42,719
assessments for persons not eligible for Medicaid in accordance 42,720
with the department's interagency agreement with the Department 42,722
of Human Services in fiscal year 2000 and with the Department of 42,723
Job and Family Services in fiscal year 2001 and to assist
individuals in planning for their long-term health care needs. 42,725
Section 12.02. PASSPORT 42,727
Appropriation item 490-403, PASSPORT, and the amounts set 42,729
969
aside for the PASSPORT Waiver Program in appropriation item 42,730
490-610, PASSPORT/Residential State Supplement, may be used to 42,732
assess clients regardless of Medicaid eligibility. 42,733
The Director of Aging shall adopt rules in accordance with 42,735
section 111.15 of the Revised Code governing the nonwaiver funded 42,736
PASSPORT program, including client eligibility. 42,737
The Department of Aging shall administer the Medicaid 42,739
Waiver funded PASSPORT Home Care program as delegated by the 42,740
Department of Human Services in an interagency agreement. The 42,741
foregoing appropriation items 490-403, PASSPORT, 490-603, Aging 42,742
Services, and the amounts set aside for the PASSPORT Waiver 42,744
Program in appropriation item 490-610, PASSPORT/Residential State 42,745
Supplement, shall be used to provide the required state match for 42,747
federal Medicaid funds supporting the Medicaid Waiver funded 42,748
PASSPORT Home Care program. Appropriation item 490-403, 42,749
PASSPORT, and the amounts set aside for the PASSPORT Waiver 42,750
Program in appropriation item 490-610, PASSPORT/Residential State 42,751
Supplement, may also be used to support the Department of Aging's 42,753
administrative costs associated with operating the PASSPORT 42,754
program.
The foregoing appropriation item 490-607, PASSPORT, shall 42,756
be used to provide the federal matching share for all PASSPORT 42,757
program costs determined by the Department of Human Services to 42,758
be eligible for Medicaid reimbursement. 42,759
Eldercare Pilot 42,761
The foregoing appropriation item 490-404, Eldercare, shall 42,764
be used to fund the existing eldercare service programs and shall 42,765
be limited to providing services to those persons who are 42,766
enrolled in these programs on the effective date of this section. 42,767
STARS 42,769
The STARS (Seniors Teaching and Reaching Students) program 42,771
shall maintain at least one program in a rural district. 42,773
Senior Community Services 42,775
The foregoing appropriation item 490-411, Senior Community 42,777
970
Services, shall be used for services designated by the Department 42,779
of Aging including, but not limited to, home-delivered meals, 42,781
transportation services, personal care services, respite 42,783
services, home repair, and care coordination. The Department of 42,785
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 42,787
income, frail, and cognitively impaired persons age 60 and over. 42,789
The department shall promote cost sharing by service recipients 42,791
for those services funded with block grant funds, including, 42,793
where possible, sliding-fee scale payment systems based on the 42,795
income of service recipients.
Of the foregoing appropriation item 490-411, Senior 42,797
Community Services, $100,000 in each fiscal year shall be for the 42,798
Visiting Nurses Association of Cleveland. 42,799
Of the foregoing appropriation item 490-411, Senior 42,801
Community Services, $98,000 in each fiscal year shall be for the 42,802
Parma Nutrition Program.
Alzheimers Respite 42,804
The foregoing appropriation item 490-414, Alzheimers 42,806
Respite, shall be used only to fund Alzheimer's disease services 42,808
under section 173.04 of the Revised Code.
Residential State Supplement 42,810
Of the foregoing appropriation item 490-412, Residential 42,812
State Supplement, $800,000 in fiscal year 2001 shall be used to 42,813
increase, by at least $24, both the monthly benefit payments to 42,815
Residential State Supplement recipients and the allowable fee the 42,816
Residential State Supplement recipient pays to the provider of 42,817
the approved living arrangement.
Under the Residential State Supplement Program, $850 shall 42,820
be the amount used for determining whether a resident of a 42,821
residential care facility, as defined in section 3721.01 of the 42,823
Revised Code, is eligible for payments under the program and for 42,824
determining the amount per month an eligible resident will 42,825
receive. The Departments of Aging and Human Services shall 42,826
971
reflect this amount in any applicable rules the departments adopt 42,827
under section 173.35 of the Revised Code. 42,828
The $850 amount shall be increased by at least $24 to 42,830
reflect the $800,000 increase in funding for the Residential 42,831
State Supplement program set aside in fiscal year 2001 in 42,832
appropriation item 490-412.
Transfer of Residential State Supplement Appropriations 42,834
The Department of Aging may transfer cash by intrastate 42,836
transfer vouchers from the foregoing appropriation items 490-412, 42,838
Residential State Supplement, and 490-610, PASSPORT/Residential 42,840
State Supplement, to the Department of Human Services' Fund 4J5, 42,842
Home and Community-Based Services for the Aged Fund. The funds 42,844
shall be used to make benefit payments to Residential State 42,846
Supplement recipients.
Long-Term Care Ombudsman 42,848
The foregoing appropriation item 490-410, Long-Term Care 42,850
Ombudsman, shall be used for a program to fund ombudsman program 42,853
activities in nursing homes, adult care facilities, boarding 42,854
homes, and home and community care services. 42,855
Regional Long-Term Care Ombudsman Programs 42,857
The foregoing appropriation item 490-609, Regional 42,859
Long-Term Care Ombudsman Programs, shall be used solely to pay 42,862
the costs of operating the regional long-term care ombudsman 42,863
programs.
PASSPORT/Residential State Supplement 42,865
Of the foregoing appropriation item 490-610, 42,867
PASSPORT/Residential State Supplement, up to $2,835,000 each 42,868
fiscal year shall be used to fund the Residential State 42,870
Supplement program. The remaining available funds shall be used 42,871
to fund the PASSPORT program. 42,872
Section 12.03. Residential State Supplement 42,874
If the Department of Aging, in consultation with the 42,876
Director of Budget and Management, determines that available 42,877
funding is insufficient to make payments to all eligible 42,878
972
individuals, the department may establish priority policies to 42,879
further limit eligibility criteria. 42,880
Transfer of Appropriations - Federal Aging Nutrition, 42,882
Federal Supportive Services, and Older Americans Support Services 42,884
Upon written request of the Director of the Department of 42,886
Aging, the Director of Budget and Management may transfer 42,888
appropriation authority among line items 490-611, Federal Aging 42,890
Nutrition, 490-612, Federal Supportive Services, and 490-618, 42,892
Older Americans Support Services, in amounts not to exceed 30 per
cent of the appropriation from which the transfer is made. The 42,894
Department of Aging shall report such transfers to the 42,896
Controlling Board at the next regularly scheduled meeting of the 42,898
board.
Americorps 42,900
The foregoing appropriation items 490-409, Americorps 42,902
Operations, and 490-617, Americorps Programs, shall be used in 42,904
accordance with section 121.40 of the Revised Code. 42,905
Section 13. AGR DEPARTMENT OF AGRICULTURE 42,907
General Revenue Fund 42,909
GRF 700-321 Operating Expenses $ 3,238,140 $ 3,257,801 42,914
GRF 700-401 Animal Disease 42,916
Control $ 4,068,075 $ 4,058,066 42,918
GRF 700-402 Amusement Ride Safety $ 324,839 $ 320,887 42,922
GRF 700-403 Milk Lab Program $ 1,625,380 $ 1,626,907 42,926
GRF 700-404 Ohio Proud $ 268,859 $ 271,720 42,930
GRF 700-405 Animal Damage Control $ 110,493 $ 111,135 42,934
GRF 700-406 Consumer Analytical 42,936
Lab $ 828,046 $ 817,680 42,938
GRF 700-407 Foods, Dairies, and 42,940
Drugs $ 1,528,717 $ 1,519,869 42,942
GRF 700-409 Farmland Preservation $ 188,942 $ 188,892 42,946
GRF 700-410 Plant Industry $ 1,669,128 $ 1,652,998 42,950
GRF 700-411 International Trade 42,952
and Market
973
Development $ 1,175,427 $ 1,176,063 42,954
GRF 700-412 Weights and Measures $ 1,064,691 $ 1,066,207 42,958
GRF 700-413 Gypsy Moth Prevention $ 384,232 $ 384,864 42,962
GRF 700-415 Poultry Inspection $ 296,552 $ 297,964 42,966
GRF 700-424 Livestock Testing and 42,968
Inspections $ 300,839 $ 305,659 42,970
GRF 700-499 Meat Inspection Match $ 4,651,662 $ 4,604,566 42,974
GRF 700-501 County Agricultural 42,976
Societies $ 455,900 $ 466,842 42,978
GRF 700-503 Swine and Cattle 42,980
Breeder Awards $ 121,250 $ 124,160 42,982
TOTAL GRF General Revenue Fund $ 22,301,172 $ 22,252,280 42,985
Federal Special Revenue Fund Group 42,988
3J4 700-607 Indirect Cost $ 785,968 $ 783,080 42,993
3R2 700-614 Federal Plant 42,995
Industry $ 506,539 $ 492,198 42,997
326 700-618 Meat Inspection 42,999
Service $ 4,451,662 $ 4,444,566 43,001
336 700-617 Ohio Farm Loan 43,003
Revolving Fund $ 194,180 $ 194,180 43,005
382 700-601 Cooperative Contracts $ 697,631 $ 712,631 43,009
TOTAL FED Federal Special Revenue 43,010
Fund Group $ 6,635,980 $ 6,626,655 43,013
State Special Revenue Fund Group 43,016
4C9 700-605 Feed, Fertilizer, and 43,019
Lime Inspection $ 791,987 $ 767,311 43,021
4E4 700-606 Utility Radiological 43,023
Safety $ 100,211 $ 99,733 43,025
4P7 700-610 Food Safety $ 237,871 $ 237,453 43,029
4R0 700-636 Ohio Proud Marketing $ 26,291 $ 26,922 43,033
4R2 700-637 Dairy Inspection Fund $ 2,293,385 $ 2,286,261 43,037
4T6 700-611 Poultry and Meat 43,039
Inspection $ 67,002 $ 66,751 43,041
974
4T7 700-613 International Trade 43,043
Fund $ 29,446 $ 30,153 43,045
4V0 700-602 License Fees $ 33,158 $ 33,954 43,049
4V5 700-615 Animal Industry Lab 43,051
Fund $ 13,146 $ 13,461 43,053
493 700-603 Fruits and Vegetables $ 377,621 $ 377,596 43,057
494 700-612 Agricultural 43,059
Commodity Marketing
Program $ 217,206 $ 222,419 43,061
496 700-626 Ohio Grape Industries $ 534,519 $ 531,474 43,065
497 700-627 Commodity Handlers 43,067
Regulatory Program $ 853,883 $ 850,342 43,069
5H2 700-608 Metrology Lab $ 56,412 $ 57,766 43,073
578 700-620 Ride Inspection Fees $ 419,220 $ 403,787 43,077
579 700-630 Scale Certification $ 237,387 $ 237,507 43,081
652 700-634 Laboratory Services $ 1,030,008 $ 1,037,518 43,085
669 700-635 Pesticide Program $ 1,552,133 $ 1,532,077 43,089
TOTAL SSR State Special Revenue
Fund Group $ 8,870,886 $ 8,812,485 43,092
TOTAL ALL BUDGET FUND GROUPS $ 37,808,038 $ 37,691,420 43,095
Livestock Environmental Assurance Program 43,098
Of the foregoing appropriation item 700-424, Livestock 43,100
Testing and Inspections, $100,000 in each fiscal year shall be 43,101
used for the Livestock Environmental Assurance. 43,102
Nursery Field Inspectors 43,104
Of the foregoing appropriation item 700-410, Plant 43,106
Industry, $100,000 in each fiscal year shall be used for nursery 43,107
field inspectors.
Poultry Inspector 43,109
Of the foregoing appropriation item 700-415, Poultry 43,111
Inspection, $35,000 in each fiscal year shall be used to pay for 43,112
an additional poultry inspector.
Exotic Meat Inspection 43,114
Of the foregoing appropriation item 700-499, Meat 43,116
975
Inspection Match, $10,000 in fiscal year 2000 and $10,000 in 43,117
fiscal year 2001 shall be used for the inspection of exotic meat. 43,118
Section 14. AIR AIR QUALITY DEVELOPMENT AUTHORITY 43,120
Agency Fund Group 43,122
4Z9 898-602 Small Business 43,125
Ombudsman $ 204,600 $ 209,579 43,127
5A0 898-603 Small Business 43,129
Assistance $ 184,140 $ 188,500 43,131
570 898-601 Operating Expenses $ 217,732 $ 223,000 43,135
TOTAL AGY Agency Fund Group $ 606,472 $ 621,079 43,138
TOTAL ALL BUDGET FUND GROUPS $ 606,472 $ 621,079 43,141
Section 15. ADA DEPARTMENT OF ALCOHOL AND 43,144
DRUG ADDICTION SERVICES 43,145
General Revenue Fund 43,147
GRF 038-321 Operating Expenses $ 1,549,614 $ 2,532,505 43,152
GRF 038-401 Alcohol and Drug 43,154
Addiction Services $ 32,481,379 $ 32,818,617 43,156
GRF 038-404 Prevention Services $ 1,429,136 $ 1,455,436 43,160
TOTAL GRF General Revenue Fund $ 35,460,129 $ 36,806,558 43,163
Federal Special Revenue Fund Group 43,166
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 43,171
3G4 038-614 Substance Abuse Block 43,173
Grant $ 61,964,608 $ 61,964,607 43,175
3H8 038-609 Demonstration Grants $ 2,999,879 $ 2,355,089 43,179
3J8 038-610 Medicaid $ 21,500,000 $ 21,500,000 43,183
3N8 038-611 Administrative 43,185
Reimbursement $ 932,509 $ 335,703 43,187
TOTAL FED Federal Special Revenue 43,188
Fund Group $ 91,749,561 $ 90,507,964 43,191
State Special Revenue Fund Group 43,194
4C5 038-606 Revolving 43,197
Loans/Recovery Homes $ 20,460 $ 20,972 43,199
475 038-621 Statewide Treatment 43,201
and Prevention $ 15,897,330 $ 16,338,475 43,203
976
689 038-604 Education and 43,205
Conferences $ 255,516 $ 260,624 43,207
TOTAL SSR State Special Revenue 43,208
Fund Group $ 16,173,306 $ 16,620,071 43,211
TOTAL ALL BUDGET FUND GROUPS $ 143,382,996 $ 143,934,593 43,214
Am. Sub. H.B. 484 of the 122nd General Assembly 43,217
Of the foregoing appropriation item 038-401, Alcohol and 43,219
Drug Addiction Services, all moneys except those designated for 43,220
other purposes in this section shall be expended in accordance 43,221
with the priorities established in Am. Sub. H.B. 484 of the 122nd 43,222
General Assembly.
Operating Expenses 43,224
Of the foregoing appropriation item 038-321, Operating 43,226
Expenses, $1,000,000 in fiscal year 2001 shall be set aside for 43,227
the operations of the Allman Building and the Eyman Building at 43,228
the Massillon Psychiatric Center.
Vocational Rehabilitation Services Agreement 43,230
The Department of Alcohol and Drug Addiction Services and 43,232
the Rehabilitation Services Commission shall enter into an 43,233
interagency agreement for the provision of vocational 43,234
rehabilitation services and staff to mutually eligible clients. 43,235
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, an amount up to $171,395 in fiscal year 2000 43,237
and $171,395 in fiscal year 2001 may be transferred to the 43,238
Rehabilitation Services Commission appropriation item 415-618, 43,239
Third Party Funding, to provide vocational rehabilitation 43,240
services and staff in accordance with the interagency agreement. 43,241
Treatment Services Expansion 43,243
Of the foregoing appropriation item 038-401, Alcohol and 43,245
Drug Addiction Services, $5,000,000 in fiscal year 2000 and 43,247
$5,000,000 in fiscal year 2001 shall be used by the Department of 43,249
Alcohol and Drug Addiction Services to expand community-based 43,250
treatment of nonviolent offenders, rural treatment services, and 43,251
treatment services to persons under 100 per cent of the federal
977
poverty guidelines. 43,252
Funding for the Client Engagement and Treatment Outcomes 43,254
Study
Of the foregoing appropriation item 038-401, Alcohol and 43,256
Drug Addiction Services, $150,000 in fiscal year 2000 and 43,257
$150,000 in fiscal year 2001 shall be used to fund the study 43,259
required in this section under the heading "Client Engagement and 43,260
Treatment Outcomes Study." The funds shall be allocated to
participating boards for the cost of data collection, 43,261
professional contact with discharged clients, and providing 43,262
non-Medicaid reimbursable supports or services to clients, which 43,263
will aid in relapse prevention or client re-engagement, if 43,264
relapse has occurred. The Department shall use no more than five 43,265
per cent of these funds for administration.
Alcohol and Drug Addiction Services Transfer 43,267
Of the foregoing appropriation item 038-401, Alcohol and 43,269
Drug Addiction Services, $1,500,000 in fiscal year 2000 and 43,270
$2,000,000 in fiscal year 2001 shall be used to provide substance 43,271
abuse prevention and treatment services to children, or their 43,272
families, whose income is at or below 200 per cent of the 43,273
official income poverty guideline. 43,274
Of the foregoing appropriation item 038-404, Prevention 43,276
Services, $123,864 in fiscal year 2000 and $271,424 in fiscal 43,278
year 2001 shall be used to fund adolescent youth mentoring
programs for children, or their families, whose income is at or 43,279
below 200 per cent of the official income poverty guideline. The 43,280
Director of the Department of Alcohol and Drug Addiction Services 43,281
and the Directors of the Department of Human Services and Job and 43,282
Family Services shall develop operating and reporting guidelines 43,283
for these programs. 43,284
Community Treatment Services 43,286
Of the foregoing appropriation item 038-401, Alcohol and 43,288
Drug Addiction Services, $100,000 in each fiscal year shall go to 43,289
the Stark County Alcohol and Drug Addiction Services Center to 43,290
978
provide treatment services. 43,291
Of the foregoing appropriation item 038-401, Alcohol and 43,293
Drug Addiction Services, $400,000 in each fiscal year shall go to 43,294
the Bellfaire/Jewish Children's Bureau to provide substance abuse 43,295
treatment services.
Of the foregoing appropriation item 038-401, Alcohol and 43,297
Drug Addiction Services, $75,000 in each fiscal year shall be for 43,298
the Talbert House.
Parent Awareness Task Force 43,300
The Parent Awareness Task Force shall study ways to engage 43,302
more parents in activities, coalitions, and educational programs 43,303
in Ohio relating to alcohol and other drug abuse prevention. Of 43,304
the foregoing appropriation item 038-404, Prevention Services, 43,305
$30,000 in each fiscal year may be used to support the functions 43,306
of the Parent Awareness Task Force.
Fund Adjustments 43,308
Effective July 1, 1999, or as soon thereafter as possible, 43,310
the Director of Budget and Management shall transfer the cash 43,312
balance in the Driver's Treatment and Intervention Fund (Fund 43,313
474), which is abolished in division (L)(2)(a) of section 43,314
4511.191 of the Revised Code, as amended by this act, to the
Statewide Treatment and Prevention Fund (Fund 475), which is 43,316
created in section 4301.30 of the Revised Code and was formerly 43,317
named the Alcoholism Detoxification Centers Fund. The director
shall cancel any existing encumbrances against appropriation item 43,319
038-628, DWI Treatment (Fund 474), and reestablish them against 43,320
appropriation item 038-621, Statewide Treatment and Prevention,
Fund 475. The amounts of the reestablished encumbrances are 43,321
hereby appropriated. 43,322
Client Engagement and Treatment Outcomes Study 43,325
(A) Not later than thirty days after the effective date of 43,327
this section, the Department of Alcohol and Drug Addiction 43,328
Services shall convene a study council for the purpose of 43,329
studying client engagement and treatment outcomes. The council 43,330
979
shall include, at a minimum, representatives of at least four 43,331
different boards of alcohol, drug addiction, and mental health 43,332
services serving urban and rural alcohol, drug addiction, and 43,333
mental health service districts; representatives of certified 43,334
alcohol and drug addiction programs under contract with boards of 43,335
alcohol, drug addiction, and mental health services to provide 43,336
comprehensive addiction services; and other professionals with 43,337
interest or expertise in client engagement and treatment 43,338
outcomes. The department shall recruit persons who have 43,339
successfully completed the treatment goals of an individualized 43,340
treatment plan developed by the type of alcohol and drug 43,341
addiction program represented on the council to volunteer as 43,342
subjects of the study. As a condition of volunteering to be a 43,343
subject, a person must consent in accordance with section 3793.13 43,344
of the Revised Code to the study council receiving and using in 43,345
the study the person's records and information that otherwise are 43,346
confidential under that section.
(B) The study council shall do all of the following: 43,348
(1) Conduct the study for two years; 43,350
(2) Design the study; 43,352
(3) Use at least the following methodologies in conducting 43,354
the study: 43,355
(a) Having a professional contact a subject of the study 43,357
on the fifteenth, thirtieth, sixtieth, one hundred eightieth, and 43,358
three hundred sixtieth day after the subject's discharge from 43,360
treatment;
(b) In the case of a subject involved in the criminal 43,362
justice system, having a review conducted of court-ordered 43,363
testing and other existing records available to the council; 43,364
(c) Having a subject's family, neighbors, or employer 43,366
contacted if the subject gives permission for the contact. 43,367
(4) Establish requirements for the study's conduct, 43,369
including the method of collecting data and analyzing the data; 43,370
(5) Collect data with which to measure outcome variables, 43,372
980
including relapse, criminal recidivism, and employment status 43,373
among the subjects of the study; 43,374
(6) Determine the most successful means of, and time 43,376
frames for, intervening with the subjects of the study after 43,377
discharge from alcohol and drug addiction treatment to prevent 43,378
relapse, maximize life stability, and, in the case of subjects 43,379
who relapse, intervene as early as possible to assist them in 43,380
participating in appropriate services and activities; 43,381
(7) Recommend changes to existing statewide clinical 43,383
protocols and quality standards for publicly funded alcohol and 43,384
drug addiction treatment services with the goal of reducing rates 43,385
of relapse after treatment discharge; 43,386
(8) Issue progress reports to the department as required 43,388
by the department; 43,389
(9) Not later than ninety days after the conclusion of the 43,391
study, issue a final report to the department, the Speaker and 43,392
Minority Leader of the House of Representatives, and the 43,393
President and Minority Leader of the Senate. The final report 43,394
shall contain the council's recommendations for changes to state 43,395
law and rules with the goal of improving clinical quality and 43,396
reducing rates of relapse following treatment discharge. 43,397
(C) The study council shall cease to exist on completion 43,399
of its final report. 43,400
(D) The department shall look for and pursue funding 43,402
available to support the work of the study council, including any 43,403
funding available from the United States Substance Abuse and 43,404
Mental Health Services Administration and private charitable 43,405
foundations.
Section 16. AMB AMBULANCE LICENSING BOARD 43,407
General Services Fund Group 43,409
4N1 915-601 Operating Expenses $ 238,563 $ 235,570 43,414
TOTAL GSF General Services 43,415
Fund Group $ 238,563 $ 235,570 43,418
TOTAL ALL BUDGET FUND GROUPS $ 238,563 $ 235,570 43,421
981
Section 17. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 43,424
General Services Fund Group 43,426
4K9 891-609 Operating Expenses $ 430,407 $ 430,473 43,431
TOTAL GSF General Services Fund 43,432
Group $ 430,407 $ 430,473 43,435
TOTAL ALL BUDGET FUND GROUPS $ 430,407 $ 430,473 43,438
Section 18. ART OHIO ARTS COUNCIL 43,442
General Revenue Fund 43,444
GRF 370-100 Personal Services $ 2,152,354 $ 2,183,954 43,449
GRF 370-200 Maintenance $ 565,024 $ 578,585 43,453
GRF 370-300 Equipment $ 33,500 $ 34,304 43,457
GRF 370-502 Program Subsidies $ 13,705,728 $ 13,482,842 43,461
TOTAL GRF General Revenue Fund $ 16,456,606 $ 16,279,685 43,464
General Services Fund Group 43,467
4B7 370-603 Per Cent for Art 43,470
Acquisitions $ 81,066 $ 83,012 43,472
460 370-602 Gifts and Donations $ 121,661 $ 124,368 43,476
TOTAL GSF General Services Fund 43,477
Group $ 202,727 $ 207,380 43,480
Federal Special Revenue Fund Group 43,483
314 370-601 Federal Programs $ 664,600 $ 664,600 43,488
TOTAL FED Federal Special Revenue 43,489
Fund Group $ 664,600 $ 664,600 43,492
TOTAL ALL BUDGET FUND GROUPS $ 17,323,933 $ 17,151,665 43,495
Program Subsidies 43,498
A museum is not eligible to receive funds from 43,500
appropriation item 370-502, Program Subsidies, if $8,000,000 or 43,501
more in capital appropriations were appropriated by the state for 43,502
the museum between January 1, 1986, and December 31, 2000. 43,503
Per Cent for Art Acquisitions 43,505
The unobligated balance remaining from prior projects of 43,507
appropriation item 370-603, Per Cent for Art Acquisitions, shall 43,509
be used by the Ohio Arts Council to pay for start-up costs in 43,510
connection with the selection of artists of new Per Cent for Art 43,511
982
projects.
In accordance with section 3379.10 of the Revised Code, the 43,513
Director of Budget and Management shall determine which 43,514
appropriations in this act are subject to the Per Cent for the 43,515
Arts Program. Not later than forty-five days after the effective 43,516
date of this section, the Director of Budget and Management shall 43,517
submit to the Director of the Ohio Arts Council and the 43,518
Controlling Board a report detailing the affected capital 43,519
projects by agency and appropriation item number, the amount of 43,521
the appropriation, and the amount of the appropriation reserved 43,522
for the Per Cent for the Arts Program.
Section 19. AFC OHIO ARTS AND SPORTS FACILITIES 43,525
COMMISSION 43,526
General Revenue Fund 43,528
GRF 371-321 Operating Expenses $ 908,925 $ 940,557 43,533
GRF 371-401 Lease Rental Payments $ 24,400,000 $ 32,600,000 43,537
TOTAL GRF General Revenue Fund $ 25,308,925 $ 33,540,557 43,540
General Services Fund Group 43,543
4T8 371-601 Riffe Theatre 43,546
Equipment Maintenance $ 21,622 $ 22,141 43,548
TOTAL GSF General Services Fund 43,549
Group $ 21,622 $ 22,141 43,552
TOTAL ALL BUDGET FUND GROUPS $ 25,330,547 $ 33,562,698 43,555
Capital Donations Fund 43,558
The Executive Director of the Arts and Sports Facilities 43,560
Commission shall certify to the Director of Budget and Management 43,561
the amount of cash receipts and related investment income, 43,562
irrevocable letters of credit from a bank or private nonprofit 43,563
entity, or certification of the availability of funds which have 43,564
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 43,565
appropriation item 371-602, Capital Donations. Prior to 43,567
certifying these amounts to the director, the executive director 43,568
shall make a written agreement with the participating entity on 43,569
983
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 43,570
Capital Donations Fund Refunds 43,572
At the request of the Arts and Sports Facilities 43,574
Commission, the Director of Budget and Management shall cancel 43,575
current and prior-year encumbrances in appropriation item 43,576
371-602, Capital Donations Fund, which are no longer needed for a 43,577
project to refund excess donations as authorized in section
3383.08 of the Revised Code. As determined by the Director of 43,578
Budget and Management, the appropriation authority necessary to 43,579
make the refund is hereby appropriated. 43,580
Ohio Building Authority Lease Payments 43,582
Appropriations to the Arts and Sports Facilities Commission 43,584
from the General Revenue Fund include $57,000,000 for the 43,585
biennium for appropriation item 371-401, Lease Rental Payments. 43,586
This appropriation shall be used for payments to the Ohio 43,587
Building Authority for the period July 1, 1999, to June 30, 2001, 43,588
pursuant to the primary leases and agreements for those buildings 43,589
made under Chapter 152. of the Revised Code which are the source 43,590
of funds pledged for bond service charges on related obligations 43,591
issued pursuant to Chapter 152. of the Revised Code. 43,592
Section 20. ATH ATHLETIC COMMISSION 43,594
Special Services Fund Group 43,596
4K9 175-609 Athletic Commission - 43,599
Operating $ 137,640 $ 137,946 43,601
TOTAL GSF General Services Fund $ 137,640 $ 137,946 43,604
Group
TOTAL ALL BUDGET FUND GROUPS $ 137,640 $ 137,946 43,607
Section 21. AGO ATTORNEY GENERAL 43,610
General Revenue Fund 43,612
GRF 055-321 Operating Expenses $ 56,367,407 $ 60,440,184 43,617
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 43,621
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 43,625
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 43,629
984
TOTAL GRF General Revenue Fund $ 57,643,210 $ 61,751,710 43,632
General Services Fund Group 43,635
106 055-612 General Reimbursement $ 12,452,999 $ 12,810,180 43,640
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 43,644
195 055-660 Workers' Compensation 43,646
Section $ 6,646,301 $ 6,794,833 43,648
4Y7 055-608 Title Defect 43,650
Rescission $ 785,800 $ 807,141 43,652
4Z2 055-609 BCI Asset Forfeiture 43,654
and Cost
Reimbursement $ 308,400 $ 317,035 43,656
418 055-615 Charitable 43,658
Foundations $ 1,460,757 $ 1,498,158 43,660
420 055-603 Attorney General 43,662
Antitrust $ 420,108 $ 426,184 43,664
421 055-617 Police Officers' 43,666
Training Academy Fee $ 1,035,353 $ 1,062,272 43,668
5A9 055-618 Telemarketing Fraud 43,670
Enforcement $ 50,000 $ 50,000 43,672
590 055-633 Peace Officer Private 43,674
Security Fund $ 85,962 $ 90,790 43,676
629 055-636 Corrupt Activity 43,678
Investigation and
Prosecution $ 100,503 $ 103,317 43,680
631 055-637 Consumer Protection 43,682
Enforcement $ 1,090,936 $ 1,103,555 43,684
TOTAL GSF General Services Fund 43,685
Group $ 25,501,778 $ 26,179,934 43,688
Federal Special Revenue Fund Group 43,690
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 43,695
3R6 055-613 Attorney General 43,697
Federal Funds $ 1,000,000 $ 1,000,000 43,699
306 055-620 Medicaid Fraud 43,701
Control $ 2,515,772 $ 2,515,772 43,703
985
381 055-611 Civil Rights Legal 43,705
Service $ 315,329 $ 315,329 43,707
383 055-634 Crime Victims 43,709
Assistance $ 8,000,000 $ 6,500,000 43,711
TOTAL FED Federal Special Revenue 43,712
Fund Group $ 14,481,101 $ 12,981,101 43,715
State Special Revenue Fund Group 43,718
108 055-622 Crime Victims 43,721
Compensation $ 4,039,318 $ 4,142,419 43,723
176 055-625 Victims Assistance 43,725
Office $ 374,768 $ 384,353 43,727
177 055-626 Victims Assistance 43,729
Programs $ 1,745,612 $ 1,794,489 43,731
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 43,735
417 055-621 Domestic Violence 43,737
Shelter $ 13,458 $ 13,835 43,739
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 43,743
659 055-641 Solid and Hazardous 43,745
Waste Background
Investigations $ 756,162 $ 775,535 43,747
TOTAL SSR State Special Revenue 43,748
Fund Group $ 27,408,071 $ 28,032,538 43,751
Holding Account Redistribution Fund Group 43,754
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 43,759
R04 055-631 General Holding 43,761
Account $ 75,000 $ 75,000 43,763
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 43,767
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 43,771
R42 055-601 Organized Crime 43,773
Commission Account $ 200,000 $ 200,000 43,775
TOTAL 090 Holding Account 43,776
Redistribution Fund Group $ 1,040,600 $ 1,040,600 43,779
TOTAL ALL BUDGET FUND GROUPS $ 126,074,760 $ 129,985,883 43,782
Law-Related Education 43,785
986
The foregoing appropriation item 055-405, Law-Related 43,787
Education, shall be distributed directly to the Ohio Center for 43,788
Law-Related Education for the purposes of providing continuing 43,789
citizenship education activities to primary and secondary 43,790
students and accessing additional public and private money for 43,791
new programs. 43,792
Workers' Compensation Section 43,794
The Workers' Compensation Section Fund (Fund 195) shall 43,796
receive payments from the Bureau of Workers' Compensation and the 43,797
Ohio Industrial Commission at the beginning of each quarter of 43,798
each fiscal year to fund legal services to be provided to the 43,799
Bureau of Workers' Compensation and the Ohio Industrial 43,800
Commission during the ensuing quarter. Such advance payment 43,801
shall be subject to adjustment. 43,802
In addition, the Bureau of Workers' Compensation shall 43,804
transfer payments at the beginning of each quarter for the 43,805
support of the Workers' Compensation Fraud Unit. 43,806
All amounts shall be mutually agreed upon by the Attorney 43,808
General, the Bureau of Workers' Compensation, and the Ohio 43,809
Industrial Commission. 43,810
Corrupt Activity Investigation and Prosecution 43,812
The foregoing appropriation item 055-636, Corrupt Activity 43,814
Investigation and Prosecution, shall be used as provided by 43,815
division (D)(2) of section 2923.35 of the Revised Code to dispose 43,816
of the proceeds, fines, and penalties credited to the Corrupt 43,817
Activity Investigation and Prosecution Fund, which is created in 43,818
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 43,819
is determined that additional amounts are necessary, the amounts 43,820
are hereby appropriated.
Section 22. AUD AUDITOR OF STATE 43,822
General Revenue Fund 43,824
GRF 070-321 Operating Expenses $ 33,329,077 $ 33,625,207 43,829
GRF 070-403 Fiscal 43,831
Watch/Emergency
987
Technical Assistance $ 250,000 $ 250,000 43,833
GRF 070-405 Electronic Data 43,835
Processing - Auditing
and Administration $ 850,406 $ 858,421 43,837
GRF 070-406 Uniform Accounting 43,839
Network/Technology
Improvements Fund $ 3,500,000 $ 5,500,000 43,841
TOTAL GRF General Revenue Fund $ 37,929,483 $ 40,233,628 43,844
General Services Fund Group 43,847
109 070-601 Public Audit Expense 43,850
- Intra-State $ 8,713,266 $ 8,933,768 43,852
422 070-601 Public Audit Expense 43,854
- Local Government $ 35,568,004 $ 36,472,007 43,856
584 070-603 Training Program $ 164,558 $ 168,819 43,860
675 070-605 Uniform Accounting 43,862
Network $ 1,196,458 $ 1,229,253 43,864
TOTAL GSF General Services Fund 43,865
Group $ 45,642,286 $ 46,803,847 43,868
Holding Account Redistribution Fund Group 43,871
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 43,876
TOTAL 090 Holding Account 43,877
Redistribution Fund Group $ 200,000 $ 200,000 43,880
TOTAL ALL BUDGET FUND GROUPS $ 83,771,769 $ 87,237,475 43,883
Electronic Data Processing 43,886
The unencumbered balance of appropriation item 070-405, 43,888
Electronic Data Processing-Auditing and Administration, at the 43,889
end of fiscal year 2000 is hereby transferred to fiscal year 2001 43,890
for use under the same appropriation item. 43,891
Uniform Accounting Network/Technology Improvements Fund 43,893
The foregoing appropriation item 070-406, Uniform 43,895
Accounting Network/Technology Improvements Fund, shall be used to 43,896
pay the costs of the development and implementation of the 43,899
Uniform Accounting Network and technology improvements for the 43,900
Auditor of State's Office. The unencumbered balance of the 43,901
988
appropriation at the end of fiscal year 2000 is hereby 43,902
transferred to fiscal year 2001 to pay the costs of the 43,903
development and implementation of the Uniform Accounting Network 43,904
and technology improvements for the Auditor of State's Office. 43,905
Section 23. BRB BOARD OF BARBER EXAMINERS 43,907
General Services Fund Group 43,909
4K9 877-609 Operating Expenses $ 450,186 $ 442,657 43,914
TOTAL GSF General Services Fund 43,915
Group $ 450,186 $ 442,657 43,918
TOTAL ALL BUDGET FUND GROUPS $ 450,186 $ 442,657 43,921
Section 24. OBM OFFICE OF BUDGET AND MANAGEMENT 43,924
General Revenue Fund 43,926
GRF 042-321 Budget Development 43,929
and Implementation $ 2,250,596 $ 2,249,452 43,931
GRF 042-401 Office of Quality 43,933
Services $ 597,326 $ 581,355 43,935
GRF 042-410 National Association 43,937
Dues $ 24,360 $ 25,578 43,939
GRF 042-412 Biennial Audit $ 45,000 $ 45,000 43,943
GRF 042-434 Financial Planning 43,945
Commissions $ 381,493 $ 333,795 43,947
TOTAL GRF General Revenue Fund $ 3,298,775 $ 3,235,180 43,950
General Services Fund Group 43,953
105 042-603 State Accounting $ 8,078,632 $ 8,067,780 43,958
4C1 042-601 Quality Services 43,960
Academy $ 120,000 $ 125,000 43,962
TOTAL GSF General Services Fund 43,963
Group $ 8,198,632 $ 8,192,780 43,966
TOTAL ALL BUDGET FUND GROUPS $ 11,497,407 $ 11,427,960 43,969
Transfer of Appropriations 43,972
The Director of Budget and Management may transfer 43,974
appropriations within the same fiscal year between the foregoing 43,975
appropriation items 042-321, Budget Development and 43,976
Implementation, and 042-434, Financial Planning Commission.
989
Office of Quality Services 43,978
A portion of the foregoing appropriation item 042-401, 43,980
Office of Quality Services, may be used to provide financial 43,981
sponsorship support for conferences and showcases that promote 43,982
quality improvement efforts. Such expenditures are not subject 43,983
to Chapter 125. of the Revised Code.
Ohio's Quality Showcase 43,985
The Office of Quality Services may cosponsor Ohio's Quality 43,987
Showcase. The office may grant funds to other sponsoring 43,989
entities for the purpose of conducting this event, provided that 43,990
such grants are used exclusively for the direct expenses of the 43,991
event.
Any state agency, at the discretion and with the approval 43,993
of the director or other executive authority of the agency, may 43,994
provide financial or in-kind support for Ohio's Quality Showcase 43,995
cosponsored by the Office of Quality Services. Any financial 43,997
contribution made by an agency shall not exceed $3,000 annually.
Audit Costs 43,999
Of the foregoing appropriation item 042-603, State 44,001
Accounting, no more than $310,000 in fiscal year 2000 and 44,002
$325,000 in fiscal year 2001 shall be used to pay for centralized 44,003
audit costs associated with either Single Audit Schedules or the 44,004
General Purpose Financial Statements for the state. 44,005
Section 25. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 44,007
General Revenue Fund 44,009
GRF 874-321 Operating Expenses $ 5,423,069 $ 4,071,007 44,014
TOTAL GRF General Revenue Fund $ 5,423,069 $ 4,071,007 44,017
General Services Fund Group 44,020
4G5 874-603 Capitol Square 44,023
Maintenance Expenses $ 952,492 $ 979,162 44,026
4S7 874-602 Statehouse Gift 44,028
Shop/Events $ 466,325 $ 471,930 44,030
4T2 874-604 Government 44,032
Television/
990
Telecommunications
Operating $ 318,304 $ 327,217 44,034
TOTAL GSF General Services 44,035
Fund Group $ 1,737,121 $ 1,778,309 44,038
Underground Parking Garage 44,041
208 874-601 Underground Parking 44,044
Garage Operating $ 2,349,722 $ 2,412,097 44,046
TOTAL UPG Underground Parking 44,047
Garage $ 2,349,722 $ 2,412,097 44,050
TOTAL ALL BUDGET FUND GROUPS $ 9,509,912 $ 8,261,413 44,053
Statehouse Committee Room Audio-Visual Wiring 44,056
Of the foregoing appropriation item 874-321, Operating 44,058
Expenses, $950,000 in fiscal year 2000 shall be used to install 44,059
hard wiring in the Statehouse and Senate Building committee 44,060
hearing rooms.
Capitol Square Retaining Wall 44,062
Of the foregoing appropriation item 874-321, Operating 44,064
Expenses, $500,000 in fiscal year 2000 shall be used to complete 44,065
the replacement of the Capitol Square retaining wall. 44,066
Ohio Government Telecommunications 44,068
The foregoing appropriation item 874-604, Government 44,070
Television/Telecommunications Operating Fund, shall be used to 44,072
pay for the operations of the Ohio Government Telecommunications 44,073
program.
Cash Transfer to the Department of Commerce 44,075
Within 60 days of the effective date of this section, the 44,077
Director of Budget and Management shall transfer $500,000 cash 44,078
from the Capitol Square Review and Advisory Board Revival 44,079
Reimbursement Fund (Fund 4Y9) to the Department of Commerce's 44,080
Division of Administration fund (Fund 163). This cash transfer
shall be used to repay a fiscal year 1994 loan. 44,081
Section 25.01. Notwithstanding section 4735.141 of the 44,083
Revised Code, as amended by this act, all persons licensed under 44,084
sections 4735.07 and 4735.09 of the Revised Code before January 44,085
991
1, 2001, shall submit proof satisfactory to the Superintendent of 44,086
Real Estate that the licensee has satisfactorily completed 44,087
continuing education, as prescribed by the Ohio Real Estate 44,088
Commission pursuant to section 4735.10 of the Revised Code and as 44,089
to the number of hours required under section 4735.141 of the 44,090
Revised Code, as that section existed prior to this act, in 44,091
accordance with the appropriate time period, as follows: 44,092
(A) For continuing education that, under section 4735.141 44,094
of the Revised Code, as that section existed prior to this act, 44,095
would have been due in the year 2000, on or before the licensee's 44,096
birthday in the year 2001, and on or before the licensee's 44,097
birthday every three years thereafter; 44,098
(B) For continuing education that, under section 4735.141 44,100
of the Revised Code, as that section existed prior to this act, 44,101
would have been due in the year 2001, on or before the licensee's 44,102
birthday in the year 2002, and on or before the licensee's 44,103
birthday every three years thereafter; 44,104
(C) For continuing education that, under section 4735.141 44,106
of the Revised Code, as that section existed prior to this act, 44,107
would have been due in the year 2002, on or before the licensee's 44,108
birthday in the year 2003, and on or before the licensee's 44,109
birthday every three years thereafter. 44,110
Section 26. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 44,112
General Services Fund Group 44,114
4K9 878-609 Operating Expenses $ 535,723 $ 521,163 44,119
TOTAL GSF General Services Fund 44,120
Group $ 535,723 $ 521,163 44,123
TOTAL ALL BUDGET FUND GROUPS $ 535,723 $ 521,163 44,126
Section 27. CIV OHIO CIVIL RIGHTS COMMISSION 44,129
General Revenue Fund 44,131
GRF 876-100 Personal Services $ 9,281,149 $ 9,467,977 44,136
GRF 876-200 Maintenance $ 1,068,519 $ 1,094,163 44,140
GRF 876-300 Equipment $ 121,033 $ 123,938 44,144
TOTAL GRF General Revenue Fund $ 10,470,701 $ 10,686,078 44,147
992
Federal Special Revenue Fund Group 44,150
334 876-601 Federal Programs $ 2,376,200 $ 2,381,200 44,155
TOTAL FED Federal Special Revenue 44,156
Fund Group $ 2,376,200 $ 2,381,200 44,159
State Special Revenue Fund Group 44,162
217 876-604 General Reimbursement $ 20,000 $ 20,000 44,167
TOTAL SSR State Special 44,168
Revenue Fund Group $ 20,000 $ 20,000 44,171
TOTAL ALL BUDGET FUND GROUPS $ 12,866,901 $ 13,087,278 44,174
Section 28. COM DEPARTMENT OF COMMERCE 44,177
General Revenue Fund 44,179
GRF 800-402 Grants - Volunteer 44,182
Fire Departments $ 782,478 $ 819,807 44,184
Total GRF General Revenue Fund $ 782,478 $ 819,807 44,187
General Services Fund Group 44,190
163 800-620 Division of 44,193
Administration $ 4,771,766 $ 4,787,925 44,195
TOTAL GSF General Services Fund 44,196
Group $ 4,771,766 $ 4,787,925 44,199
Federal Special Revenue Fund Group 44,202
348 800-622 Underground Storage 44,205
Tanks $ 200,580 $ 195,008 44,207
348 800-624 Leaking Underground 44,209
Storage Tanks $ 1,314,605 $ 1,295,920 44,211
TOTAL FED Federal Special Revenue 44,212
Fund Group $ 1,515,185 $ 1,490,928 44,215
State Special Revenue Fund Group 44,218
4B2 800-631 Real Estate Appraisal 44,221
Recovery $ 68,500 $ 68,500 44,223
4D2 800-605 Auction Education $ 30,230 $ 30,476 44,227
4H9 800-608 Cemeteries $ 237,344 $ 243,434 44,231
4L5 800-609 Fireworks Training 44,233
and Education $ 5,000 $ 5,000 44,235
993
4X2 800-619 Financial 44,237
Institutions $ 1,920,385 $ 1,873,615 44,239
5B8 800-628 Auctioneers $ 347,591 $ 323,316 44,243
5B9 800-632 PI & Security Guard 44,245
Provider $ 935,159 $ 940,874 44,247
543 800-602 Unclaimed 44,249
Funds-Operating $ 4,611,007 $ 4,663,857 44,251
543 800-625 Unclaimed 44,253
Funds-Claims $ 23,783,981 $ 24,354,796 44,255
544 800-612 Banks $ 5,979,092 $ 5,956,369 44,259
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 44,263
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 44,267
547 800-603 Real Estate 44,269
Education/Research $ 248,237 $ 254,194 44,271
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 44,275
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 44,279
550 800-617 Securities $ 4,675,239 $ 4,639,787 44,283
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 44,287
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 44,291
556 800-615 Industrial Compliance $ 19,106,662 $ 19,160,662 44,295
6A4 800-630 Real Estate 44,297
Appraiser-Operating $ 496,596 $ 489,207 44,299
653 800-629 UST 44,301
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 44,303
TOTAL SSR State Special Revenue 44,304
Fund Group $ 83,426,495 $ 83,551,569 44,307
Liquor Control Fund Group 44,310
043 800-321 Liquor Control 44,313
Operating $ 15,694,491 $ 14,245,821 44,315
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 44,319
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 44,323
TOTAL LCF Liquor Control 44,324
Fund Group $ 306,119,075 $ 312,805,522 44,327
994
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,455,751 44,330
Grants - Volunteer Fire Departments 44,333
The foregoing appropriation item 800-402, Grants - 44,335
Volunteer Fire Departments, shall be used to make annual grants 44,336
to volunteer fire departments of up to $10,000, or up to $25,000 44,337
in cases when the volunteer fire department provides service for 44,338
an area affected by a natural disaster. The program shall be 44,340
administered by the Fire Marshal under the Department of 44,341
Commerce. The Fire Marshal shall issue necessary rules for the 44,342
administration and operation of this program. 44,343
Unclaimed Funds Payments 44,345
The foregoing appropriation item 800-625, Unclaimed 44,347
Funds-Claims, shall be used to pay claims pursuant to section 44,348
169.08 of the Revised Code. If it is determined that additional 44,349
amounts are necessary, the amounts are hereby appropriated. 44,350
Increased Appropriation Authority - Merchandising 44,352
The Director of Commerce may, upon concurrence by the 44,354
Director of Budget and Management, submit to the Controlling 44,355
Board for approval a request for increased appropriation 44,356
authority for appropriation item 800-601, Merchandising. 44,357
Administrative Assessments 44,359
Notwithstanding any other provision of law to the contrary, 44,361
Fund 163, Administration, shall receive assessments from all 44,362
operating funds of the department in accordance with procedures 44,363
prescribed by the Director of Commerce and approved by the 44,364
Director of Budget and Management.
Cash Balance Transfer 44,366
On July 1, 1999, or as soon thereafter as possible, the 44,368
Director of Budget and Management shall transfer the cash balance 44,369
in the Savings Bank Fund (Fund 4G8), which was abolished in this 44,370
act by the repeal of section 1163.17 of the Revised Code, to the 44,371
Savings Institutions Fund (Fund 545), which is created in this 44,372
act by the enactment of section 1181.18 of the Revised Code. The
Director shall cancel any existing encumbrances against 44,373
995
appropriation item 800-606, Savings Banks, and reestablish them 44,374
against appropriation item, 800-613, Savings Institutions (Fund 44,375
545). The amounts of the reestablished encumbrances are hereby 44,376
appropriated.
Section 29. OCC OFFICE OF CONSUMERS' COUNSEL 44,378
General Services Fund Group 44,380
5F5 053-601 Operating Expenses $ 7,114,415 $ 7,232,869 44,385
TOTAL GSF General Services 44,386
Fund Group $ 7,114,415 $ 7,232,869 44,389
TOTAL ALL BUDGET FUND GROUPS $ 7,114,415 $ 7,232,869 44,392
Section 30. CEB CONTROLLING BOARD 44,395
General Revenue Fund 44,397
GRF 911-401 Emergency 44,400
Purposes/Contingencies$ 6,372,000 $ 6,000,000 44,402
GRF 911-402 Employee Compensation 44,404
Adjustment $ 0 $ 38,000,000 44,406
GRF 911-403 School District 44,408
Financial Planning $ 500,000 $ 500,000 44,410
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 44,414
GRF 911-419 Foster Caregiver 44,416
Training $ 0 $ 3,000,000 44,418
GRF 911-441 Ballot Advertising 44,420
Costs $ 800,000 $ 800,000 44,422
TOTAL GRF General Revenue Fund $ 9,672,000 $ 50,300,000 44,425
State Special Revenue Fund Group 44,427
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 44,432
TOTAL SSR State Special 44,433
Revenue Fund Group $ 20,600,000 $ 4,400,000 44,436
TOTAL ALL BUDGET FUND GROUPS $ 30,272,000 $ 54,700,000 44,439
Federal Share 44,442
In transferring appropriations to or from appropriation 44,444
items that have federal shares identified in this act, the 44,446
Controlling Board shall add or subtract corresponding amounts of 44,447
federal matching funds at the percentages indicated by the state 44,448
996
and federal division of the appropriations in this act. Such 44,450
changes are hereby appropriated. 44,451
Disaster Assistance 44,453
Pursuant to requests submitted by the Department of Public 44,455
Safety, the Controlling Board may approve transfers from the 44,456
foregoing appropriation item 911-401, Emergency 44,457
Purposes/Contingencies, to a Department of Public Safety General 44,458
Revenue Fund appropriation item to provide funding for assistance 44,459
to political subdivisions made necessary by natural disasters or 44,460
emergencies. Such transfers may be requested and approved prior 44,461
to the occurrence of any specific natural disasters or 44,462
emergencies in order to facilitate the provision of timely 44,463
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 44,464
that meet Controlling Board criteria for assistance. The 44,465
department shall submit a report to the Controlling Board 44,466
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 44,468
The Office of Criminal Justice Services and the Public 44,470
Defender Commission may each request, upon approval of the 44,471
Director of Budget and Management, additional funds from the 44,472
foregoing appropriation item 911-401, Emergency 44,473
Purposes/Contingencies, for costs related to the disturbance that 44,474
occurred on April 11, 1993, at the Southern Ohio Correctional 44,475
Facility in Lucasville, Ohio. 44,476
Project OASIS 44,478
The Office of the Attorney General may request, upon 44,480
approval of the Director of Budget and Management, that the 44,481
Controlling Board release up to $372,000 in fiscal year 2000 from 44,482
the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project 44,483
OASIS in the event that federal funding for this program is 44,484
insufficient or delayed.
Disaster Services 44,486
997
The foregoing appropriation item 911-601, Disaster 44,488
Services, shall be used by the Controlling Board, pursuant to 44,490
requests submitted by state agencies, to transfer cash and 44,491
appropriation authority to any fund and appropriation line item 44,492
of the state for the payment of state agency program expenses as 44,494
follows:
(A) The southern Ohio flooding, referred to as 44,497
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 44,501
FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of 44,503
Natural Resources to be used for statewide flood mitigation 44,504
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 44,506
local governments for costs associated with tornado disaster 44,507
relief in Hamilton and Warren Counties; 44,508
(E) If the Director of Budget and Management determines 44,512
that sufficient funds exist beyond the expected program costs of 44,513
these disasters, other disasters declared by the Governor. 44,515
Of the amount appropriated in fiscal year 2000 for the 44,517
foregoing appropriation item 911-601, Disaster Services, 44,518
$5,000,000 is the unencumbered and unallotted cash balance that 44,519
exists in Fund 5E2 on June 30, 1999. 44,520
Employee Compensation 44,522
Notwithstanding division (D) of section 127.14 and division 44,524
(B) of section 131.35 of the Revised Code, except for the General 44,525
Revenue Fund, the Controlling Board may, upon the request of 44,526
either the Director of Budget and Management, or a state agency 44,527
with the approval of the Director of Budget and Management, 44,528
increase appropriations for any fund, as necessary for the 44,529
various state agencies, to assist in paying the costs of 44,530
increases in employee compensation that occur on or after July 1, 44,531
2000, that are provided pursuant to collective bargaining 44,532
agreements under Chapter 4117. of the Revised Code and the costs 44,533
998
of increased compensation provided for employees that are exempt 44,534
from collective bargaining. 44,535
The Controlling Board may transfer appropriations from the 44,537
foregoing appropriation item 911-402, Employee Compensation 44,538
Adjustment, to the various agencies based on requests submitted 44,539
by the Director of Budget and Management to assist in paying for 44,540
the General Revenue Fund's share of employee compensation 44,541
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 44,542
compensation that are provided to employees that are exempt from 44,543
collective bargaining.
School District Financial Planning 44,545
The foregoing appropriation item 911-403, School District 44,547
Financial Planning, shall be used to pay costs of implementing 44,548
the school district watch and fiscal emergency provisions of 44,549
sections 3316.01 to 3316.08 of the Revised Code, including the 44,550
expenses of the school district financial planning and 44,551
supervision commission. Upon the request of any agency involved 44,552
in implementing the school district watch or fiscal emergency 44,553
provisions, the Controlling Board may transfer all or part of the 44,555
appropriation to the agency.
Mandate Assistance 44,557
(A) The foregoing appropriation item 911-404, Mandate 44,559
Assistance, shall be used to provide financial assistance to 44,560
local units of government, school districts, and fire departments 44,562
for the cost of the following three unfunded state mandates: 44,563
(1) The cost to county prosecutors for prosecuting certain 44,565
felonies that occur on the grounds of state institutions operated 44,567
by the Department of Rehabilitation and Correction and the 44,568
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 44,570
of providing firefighter training and equipment or gear; 44,571
(3) The cost to school districts of in-service training 44,573
for child abuse detection. 44,574
999
(B) The State and Local Government Commission may prepare 44,576
and submit to the Controlling Board one or more requests to 44,577
transfer appropriations from appropriation item 911-404, Mandate 44,578
Assistance, to the state agencies charged with administering the 44,579
state financial assistance to be provided under this section. 44,580
The state agencies charged with this administrative 44,582
responsibility are listed below, as well as the estimated annual 44,583
amounts that the commission may propose be used for each program 44,585
of state financial assistance.
Administering Estimated Annual 44,590
Program Agency Amount 44,593
Prosecution Costs Office of Criminal 44,596
Justice Services $200,000 44,598
Firefighter Training Department of 44,600
Costs Commerce $1,000,000 44,601
Child Abuse Detection Department of 44,603
Training Costs Education $800,000 44,604
(C) Subject to the total amount appropriated in each 44,607
fiscal year for appropriation item 911-404, Mandate Assistance, 44,608
the commission may propose to the Controlling Board that amounts 44,610
smaller or larger than these estimated annual amounts be 44,611
transferred to each program. 44,612
(D) In addition to making the initial transfers requested 44,614
by the commission, the Controlling Board may, if requested by the 44,616
commission, transfer appropriations received by a state agency 44,618
under this section back to appropriation item 911-404, Mandate 44,619
Assistance, or to one or more of the other programs of state 44,620
financial assistance identified under this section. 44,621
(E) It is expected that not all costs incurred by local 44,623
units of government, school districts, and fire departments under 44,624
each of the three programs of state financial assistance 44,625
identified under this section will be fully reimbursed by the 44,626
state. Reimbursement levels may vary by program and shall be 44,627
based on: the relationship between the appropriation transfers 44,628
1000
requested by the commission and provided by the Controlling Board 44,629
for each of the programs; the rules and procedures established 44,631
for each program by the commission and the administering state 44,632
agency; and the actual costs incurred by local units of 44,634
government, school districts, and fire departments. 44,635
(F) Each of these programs of state financial assistance 44,637
shall be carried out as follows: 44,638
(1) Prosecution Costs 44,640
(a) Appropriations may be transferred to the Office of 44,642
Criminal Justice Services to cover local prosecution costs for 44,643
aggravated murder, murder, felonies of the first degree, and 44,644
felonies of the second degree that occur on the grounds of 44,645
institutions operated by the Department of Rehabilitation and 44,646
Correction and the Department of Youth Services. 44,647
(b) Upon a delinquency filing in juvenile court or the 44,649
return of an indictment for aggravated murder, murder, or any 44,650
felony of the first or second degree that was committed at a 44,651
Department of Youth Services or a Department of Rehabilitation 44,652
and Correction institution, the affected county may, in 44,653
accordance with rules that the Office of Criminal Justice 44,654
Services shall adopt, apply to the Office of Criminal Justice 44,655
Services for a grant to cover all documented costs that are 44,656
incurred by the county prosecutor's office. 44,657
(c) Twice each year, the Office of Criminal Justice 44,659
Services shall designate counties to receive grants from those 44,661
counties that have submitted one or more applications in 44,662
compliance with the rules that have been adopted by the Office of 44,663
Criminal Justice Services for the receipt of such grants. In 44,664
each year's first round of grant awards, if sufficient 44,665
appropriations have been made, up to a total of $100,000 may be 44,667
awarded. In each year's second round of grant awards, the 44,668
remaining appropriations available for this purpose may be 44,669
awarded.
(d) If for a given round of grants there are insufficient 44,671
1001
appropriations to make grant awards to all the eligible counties, 44,673
the first priority shall be given to counties with cases 44,674
involving aggravated murder and murder, second priority shall be 44,675
given to cases involving a felony of the first degree, and third 44,676
priority shall be given to cases involving a felony of the second 44,677
degree. Within these priorities, the grant awards shall be based 44,678
on the order in which the applications were received, except that 44,679
applications for cases involving a felony of the first or second 44,680
degree shall not be considered in more than two consecutive 44,681
rounds of grant awards.
(2) Firefighter Training Costs 44,683
Appropriations may be transferred to the Department of 44,685
Commerce for use as full or partial reimbursement to local units 44,686
of government and fire departments for the cost of firefighter 44,687
training and equipment or gear. In accordance with rules that 44,688
the department shall adopt, a local unit of government or fire 44,689
department may apply to the department for a grant to cover all 44,690
documented costs that are incurred to provide firefighter 44,691
training and equipment or gear. The department shall make grants 44,692
within the limits of the funding provided, with priority given to 44,694
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 44,696
Appropriations may be transferred to the Department of 44,698
Education for disbursement to local school districts as full or 44,699
partial reimbursement for the cost of providing in-service 44,700
training for child abuse detection. In accordance with rules 44,701
that the department shall adopt, a local school district may 44,702
apply to the department for a grant to cover all documented costs 44,703
that are incurred to provide in-service training for child abuse 44,704
detection. The department shall make grants within the limits of 44,705
the funding provided. 44,706
Foster Caregiver Training 44,708
Upon the passage of appropriate legislation by the 123rd 44,709
General Assembly, the Department of Job and Family Services shall 44,710
1002
request that the Controlling Board transfer up to $3,000,000 in 44,711
fiscal year 2001 from the foregoing appropriation item 911-419, 44,712
Foster Caregiver Training, for the purpose of establishing a 44,713
program of precertification and continuing training for foster
caregivers. 44,714
Ballot Advertising Costs 44,716
Pursuant to requests submitted by the Ohio Ballot Board, 44,718
the Controlling Board shall approve transfers from the foregoing 44,719
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 44,720
Ballot Board line item in order to reimburse county boards of 44,721
elections for the cost of public notices associated with
statewide ballot initiatives. 44,722
Of the foregoing appropriation item 911-441, Ballot 44,724
Advertising Costs, the Director of Budget and Management shall 44,725
transfer any amounts that are not needed for the purpose of 44,726
reimbursing county boards of elections for the cost of public 44,727
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 44,728
Section 31. COS STATE BOARD OF COSMETOLOGY 44,730
General Services Fund Group 44,732
4K9 879-609 Operating Expenses $ 2,201,152 $ 2,198,147 44,737
TOTAL GSF General Services Fund 44,738
Group $ 2,201,152 $ 2,198,147 44,741
TOTAL ALL BUDGET FUND GROUPS $ 2,201,152 $ 2,198,147 44,744
Section 32. CSW COUNSELOR AND SOCIAL WORKERS BOARD 44,747
General Services Fund Group 44,749
4K9 899-609 Operating Expenses $ 850,781 $ 848,656 44,754
TOTAL GSF General Services Fund 44,755
Group $ 850,781 $ 848,656 44,758
TOTAL ALL BUDGET FUND GROUPS $ 850,781 $ 848,656 44,761
Section 33. CLA COURT OF CLAIMS 44,764
General Revenue Fund 44,766
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 44,771
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 44,774
1003
State Special Revenue Fund Group 44,777
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 44,782
TOTAL SSR State Special Revenue 44,783
Fund Group $ 22,086,768 $ 22,925,167 44,786
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 44,789
Section 34. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 44,792
General Revenue Fund 44,794
GRF 196-401 Criminal Justice 44,797
Information System $ 970,000 $ 972,000 44,799
GRF 196-403 Violence Prevention $ 350,763 $ 364,842 44,803
GRF 196-424 Operating Expenses $ 1,003,621 $ 1,011,300 44,807
GRF 196-499 State Match $ 826,876 $ 800,104 44,811
GRF 196-502 Lucasville 44,812
Disturbance Costs $ 50,000 $ 0 44,814
TOTAL GRF General Revenue Fund $ 3,201,260 $ 3,148,246 44,817
Federal Special Revenue Fund Group 44,820
3L5 196-604 Justice Programs $ 30,515,304 $ 32,648,653 44,825
TOTAL FED Federal Special Revenue 44,826
Fund Group $ 30,515,304 $ 32,648,653 44,829
TOTAL ALL BUDGET FUND GROUPS $ 33,716,564 $ 35,796,899 44,832
Indigent Defense 44,835
The Office of Criminal Justice Services shall make all 44,838
efforts to maximize the amount of funding available for the 44,839
defense of indigent persons.
Criminal Justice Information System 44,841
The foregoing appropriation item 196-401, Criminal Justice 44,843
Information System, shall be used by the Office of Criminal 44,844
Justice Services to work on a plan to improve Ohio's criminal 44,845
justice information systems. The Director of Criminal Justice 44,846
Services shall evaluate the progress of this plan and issue a 44,847
report to the Governor, the Speaker and the Minority Leader of 44,848
the House of Representatives, the President and the Minority 44,849
Leader of the Senate, the Criminal Justice Policy Board, and the 44,851
Legislative Budget Office of the Legislative Service Commission
1004
by the first day of January of each year of the two-year biennium 44,852
beginning July 1, 1999, and ending June 30, 2001. 44,853
Violence Prevention 44,855
Of the foregoing appropriation item 196-403, Violence 44,857
Prevention, $4,000 in fiscal year 2000 shall be distributed to 44,858
the City of Painesville for the purpose of funding the City of 44,859
Painesville Crime Prevention Program, and $4,000 in fiscal year 44,861
2000 shall be distributed to the City of Mentor for the purpose
of funding the City of Mentor Crime Prevention Program. 44,862
Section 35. DEN STATE DENTAL BOARD 44,864
General Services Fund Group 44,866
4K9 880-609 Operating Expenses $ 1,119,536 $ 1,114,065 44,871
TOTAL GSF General Services Fund 44,872
Group $ 1,119,536 $ 1,114,065 44,875
TOTAL ALL BUDGET FUND GROUPS $ 1,119,536 $ 1,114,065 44,878
Section 36. BDP BOARD OF DEPOSIT 44,881
General Services Fund Group 44,883
4M2 974-601 Board of Deposit $ 818,400 $ 838,041 44,888
TOTAL GSF General Services Fund 44,889
Group $ 818,400 $ 838,041 44,892
TOTAL ALL BUDGET FUND GROUPS $ 818,400 $ 838,041 44,895
Board of Deposit Expense Fund 44,898
Upon receiving certification of expenses from the Treasurer 44,901
of State, the Director of Budget and Management shall transfer 44,902
cash from the Investment Earnings Redistribution Fund (Fund 608) 44,903
to the Board of Deposit Expense Fund (Fund 4M2). This fund shall 44,905
be used to pay for banking charges and fees required for the 44,906
operation of the State of Ohio Regular Account.
Section 37. DEV DEPARTMENT OF DEVELOPMENT 44,908
General Revenue Fund 44,910
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 44,915
GRF 195-200 Maintenance $ 608,000 $ 608,000 44,919
GRF 195-300 Equipment $ 111,550 $ 111,550 44,923
GRF 195-401 Thomas Edison Program $ 25,553,540 $ 25,528,749 44,927
1005
GRF 195-404 Small Business 44,929
Development $ 2,445,388 $ 2,465,504 44,931
GRF 195-405 Minority Business 44,933
Development Division $ 2,073,570 $ 2,074,418 44,935
GRF 195-406 Transitional and 44,937
Permanent Housing $ 2,760,270 $ 2,826,679 44,939
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 44,943
GRF 195-408 Coal Research 44,945
Development $ 588,465 $ 587,907 44,947
GRF 195-410 Defense Conversion 44,949
Assistance Program $ 740,000 $ 500,000 44,951
GRF 195-412 Business Development 44,953
Grants $ 10,005,000 $ 10,005,000 44,955
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 44,959
GRF 195-415 Regional Offices and 44,961
Economic Development $ 6,414,854 $ 6,338,038 44,963
GRF 195-416 Governor's Office of 44,965
Appalachia $ 1,628,800 $ 641,376 44,967
GRF 195-417 Urban/Rural 44,969
Initiative $ 1,000,000 $ 1,000,000 44,971
GRF 195-422 Technology Action $ 5,100,000 $ 5,100,000 44,975
GRF 195-431 Community Development 44,977
Corporation Grants $ 2,520,386 $ 2,582,510 44,979
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 44,983
GRF 195-434 Industrial Training 44,985
Grants $ 18,000,000 $ 20,000,000 44,987
GRF 195-436 Labor/Management 44,989
Cooperation $ 1,164,000 $ 1,164,000 44,991
GRF 195-440 Emergency Shelter 44,993
Housing Grants $ 2,930,029 $ 2,999,139 44,995
GRF 195-441 Low and Moderate 44,997
Income Housing $ 7,760,000 $ 7,760,000 44,999
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 45,003
GRF 195-498 State Energy Match $ 147,221 $ 151,299 45,007
1006
GRF 195-501 Appalachian Local 45,009
Development Districts $ 452,370 $ 463,227 45,011
GRF 195-502 Appalachian Regional 45,013
Commission Dues $ 190,000 $ 194,400 45,015
GRF 195-507 Travel & Tourism 45,017
Grants $ 1,695,000 $ 1,540,000 45,019
GRF 195-513 Empowerment 45,021
Zones/Enterprise
Communities $ 2,000,000 $ 0 45,023
TOTAL GRF General Revenue Fund $ 111,690,930 $ 110,642,553 45,026
General Services Fund Group 45,029
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 45,034
136 195-621 International Trade $ 75,000 $ 0 45,038
685 195-636 General 45,040
Reimbursements $ 1,199,500 $ 1,222,233 45,042
TOTAL GSF General Services Fund 45,043
Group $ 8,737,530 $ 8,694,398 45,046
Federal Special Revenue Fund Group 45,049
3K8 195-613 Community Development 45,052
Block Grant $ 65,000,000 $ 65,000,000 45,054
3K9 195-611 Home Energy 45,056
Assistance Block
Grant $ 55,000,000 $ 55,000,000 45,058
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 45,062
3L0 195-612 Community Services 45,064
Block Grant $ 20,090,000 $ 20,090,000 45,066
308 195-602 Appalachian Regional 45,068
Commission $ 650,000 $ 650,000 45,070
308 195-603 Housing and Urban 45,072
Development $ 34,895,700 $ 34,895,700 45,074
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 45,078
308 195-609 Small Business 45,080
Administration $ 3,701,900 $ 3,701,900 45,082
308 195-616 Technology Programs $ 117,700 $ 0 45,086
1007
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 45,090
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 45,094
380 195-622 Housing Development 45,096
Operating $ 3,711,800 $ 3,938,200 45,098
TOTAL FED Federal Special Revenue 45,099
Fund Group $ 212,791,425 $ 212,846,902 45,102
State Special Revenue Fund Group 45,104
4F2 195-639 State Special 45,107
Projects $ 1,530,000 $ 1,030,100 45,109
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 45,113
4S0 195-630 Enterprise Zone 45,115
Operating $ 323,079 $ 323,355 45,117
4S1 195-634 Job Creation Tax 45,119
Credit Operating $ 251,856 $ 258,422 45,121
4W1 195-646 Minority Business 45,123
Enterprise Loan $ 3,898,213 $ 3,972,954 45,125
444 195-607 Water and Sewer 45,127
Commission Loans $ 500,000 $ 500,000 45,129
445 195-617 Housing Finance 45,131
Agency $ 3,669,522 $ 3,532,181 45,133
450 195-624 Minority Business 45,135
Bonding Program
Administration $ 12,644 $ 12,947 45,137
451 195-625 Economic Development 45,139
Financing Operating $ 1,906,075 $ 1,970,014 45,141
586 195-653 Scrap Tire Loans and 45,143
Grants $ 1,000,000 $ 1,000,000 45,145
611 195-631 Water and Sewer 45,147
Administration $ 15,000 $ 15,000 45,149
617 195-654 Volume Cap 45,151
Administration $ 200,000 $ 196,640 45,153
646 195-638 Low and Moderate 45,155
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 45,157
1008
TOTAL SSR State Special Revenue 45,158
Fund Group $ 34,751,589 $ 34,846,113 45,161
Facilities Establishment Fund 45,164
037 195-615 Facilities 45,167
Establishment $ 53,970,000 $ 55,481,100 45,169
4Z6 195-647 Rural Industrial Park 45,171
Loan $ 1,000,000 $ 1,000,000 45,173
5D1 195-649 Port Authority Bond 45,175
Reserves $ 2,500,000 $ 2,500,000 45,177
5D2 195-650 Urban Redevelopment 45,179
Loans $ 10,000,000 $ 10,000,000 45,181
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 45,185
TOTAL 037 Facilities 45,186
Establishment Fund $ 69,716,375 $ 71,227,475 45,189
Coal Research/Development Fund 45,192
046 195-632 Coal Research and 45,195
Development Fund $ 12,276,000 $ 12,570,624 45,197
TOTAL 046 Coal Research/ 45,198
Development Fund $ 12,276,000 $ 12,570,624 45,201
TOTAL ALL BUDGET FUND GROUPS $ 450,163,849 $ 450,828,065 45,204
Section 37.01. Washington Office 45,207
Of the foregoing appropriation items 195-100, Personal 45,209
Services, 195-200, Maintenance, and 195-300, Equipment, no more 45,210
than $335,700 in fiscal year 2000 and $335,700 in fiscal year 45,211
2001 may be transferred to the General Reimbursement Fund (Fund 45,212
685) to support the Washington Office. The transfer shall be 45,213
made using an intrastate transfer voucher. 45,214
Thomas Edison Program 45,216
The foregoing appropriation item 195-401, Thomas Edison 45,218
Program, shall be used for the purposes of sections 122.28 to 45,220
122.38 of the Revised Code in order to provide funds for 45,222
cooperative public and private efforts in technological 45,223
innovation to promote the development and transfer of technology 45,224
by and to Ohio businesses that will lead to the creation of jobs, 45,226
1009
and to provide for the administration of this program by the 45,228
Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison 45,230
Program, not more than $2,363,000 in fiscal year 2000 and 45,232
$2,363,000 in fiscal year 2001 shall be used for the Technology 45,233
Division's operating expenses in administering this program. 45,234
Of the foregoing appropriation item 195-401, Thomas Edison 45,236
Program, $2,000,000 in each fiscal year shall be used for the 45,237
establishment of a new Edison Center for Information Technology 45,238
to be headquartered in Dayton.
Of the foregoing appropriation item 195-401, Thomas Edison 45,240
Program, $50,000 in each fiscal year shall be used for the 45,241
BIOSTART Business Incubator.
Of the foregoing appropriation item 195-401, Thomas Edison 45,243
Program, $150,000 in each fiscal year shall be used for 45,244
cooperative technology clusters.
Of the foregoing appropriation item 195-401, Thomas Edison 45,246
Program, $400,000 in each fiscal year shall be used for the 45,247
Wright Technology Center.
Section 37.02. Small Business Development 45,249
The foregoing appropriation item 195-404, Small Business 45,251
Development, shall be used to ensure that the unique needs and 45,253
concerns of small businesses are addressed. 45,255
The foregoing appropriation shall be used to provide grants 45,257
to local organizations to support the operation of Small Business 45,259
Development Centers, and other local economic development 45,260
activity promoting small business and for the cost of 45,261
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 45,262
facilitate access to state and federal programs. These funds 45,263
shall be used as matching funds for grants from the United States 45,264
Small Business Administration and other federal agencies, 45,266
pursuant to Public Law No. 96-302 (1980) as amended by Public Law 45,267
No. 98-395 (1984), and regulations and policy guidelines for 45,268
1010
these programs.
In addition, the Office of Small Business shall operate the 45,270
One-Stop Business Permit Center, the Women's Business Resource 45,272
Program, support government procurement assistance, and implement 45,274
and coordinate the duties imposed on the Department of 45,276
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 45,277
Section 37.03. Transitional and Permanent Housing Program 45,280
Of the foregoing appropriation item 195-406, Transitional 45,282
and Permanent Housing, the Office of Housing and Community 45,284
Partnerships shall make grants to local governments and nonprofit 45,286
organizations for the acquisition, rehabilitation, renovation, 45,288
construction, conversion, operating, and supportive services 45,290
costs for both new and existing transitional and/or permanent 45,292
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 45,294
and Permanent Housing, at least seventy-five per cent shall be 45,296
used to provide transitional housing for homeless families and 45,298
individuals.
Coal Research Development 45,300
The foregoing appropriation item 195-408, Coal Research 45,302
Development, shall be used for the administrative costs of the 45,303
Coal Development Office within the Technology Division and for 45,304
grants which encourage, promote, and assist the use of Ohio coal 45,305
pursuant to section 1551.32 of the Revised Code. 45,306
Defense Conversion Assistance Program 45,308
The Director of Development may use the foregoing 45,310
appropriation item 195-410, Defense Conversion Assistance 45,311
Program, in accordance with existing program guidelines, and 45,312
other resources as appropriate, for Ohio-based defense conversion 45,313
projects and administrative support costs. 45,314
Section 37.04. Business Development 45,316
The foregoing appropriation item 195-412, Business 45,318
Development Grants, shall be used as an incentive for attracting 45,319
and retaining business opportunities for the state. Any such 45,320
1011
business opportunity, whether new, expanding, or relocating in 45,321
Ohio, is eligible for funding. The project must create or retain 45,322
a significant number of jobs for Ohioans. Grant awards may be 45,323
considered only when (1) the project's viability hinges on an 45,324
award of 195-412, Business Development Grants, funds; (2) all 45,325
other public or private sources of financing have been 45,326
considered; or (3) the funds must act as a catalyst for the 45,327
infusion into the project of other financing sources. 45,328
The department's primary goal shall be to award funds to 45,330
political subdivisions of the state for off-site infrastructure 45,331
improvements. In order to meet the particular needs of economic 45,332
development in a region, the department may elect to award funds 45,333
directly to a business for on-site infrastructure improvements. 45,335
Infrastructure improvements are defined as improvements to water 45,336
system facilities, sewer and sewage treatment facilities, 45,337
electric or gas service facilities, rail facilities, site 45,338
preparation, and parking facilities. The Director of Development 45,339
may recommend the funds be used in an alternative manner when 45,340
deemed appropriate to meet an extraordinary economic development 45,341
opportunity or need.
The foregoing appropriation item 195-412, Business 45,343
Development Grants, may be expended only after the submission of 45,344
a request to the Controlling Board by the Department of 45,345
Development outlining the planned use of the funds, and the 45,346
subsequent approval of the request by the Controlling Board. 45,347
The foregoing appropriation item 195-412, Business 45,349
Development Grants, may be used for, but is not limited to, 45,350
construction, rehabilitation, and acquisition projects for rail 45,351
freight assistance as requested by the Department of 45,352
Transportation. The Director of Transportation shall submit the 45,353
proposed projects to the Director of Development for an 45,354
evaluation of potential economic benefit. 45,355
Section 37.05. First Frontier Match 45,357
The foregoing appropriation item 195-414, First Frontier 45,359
1012
Match, shall be used as matching funds to counties for the 45,361
purpose of marketing state, regional, and/or local 45,363
characteristics which may attract economic development. In each 45,364
fiscal year, the Director of Development shall allocate no less 45,365
than $400,000 of the foregoing appropriation to marketing 45,367
programs by targeted counties, which are defined as counties that 45,370
have a population of less than 175,000 residents. The balance of 45,372
the appropriation may be used either for marketing programs by 45,373
individual targeted counties or regional marketing campaigns, 45,374
which are defined as marketing programs in which at least one 45,376
targeted county is participating with one or more other targeted 45,377
counties or larger counties. In the event that, during a fiscal 45,378
year, targeted counties are unable to utilize the full amount of 45,379
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 45,380
unutilized balance of funds to regional marketing campaigns. 45,381
Regional Offices and Economic Development 45,383
The foregoing appropriation item 195-415, Regional Offices 45,385
and Economic Development, shall be used for the operating 45,386
expenses of the Economic Development Division and the Regional 45,387
Economic Development Offices and for grants for cooperative 45,388
economic development ventures. 45,389
Of the foregoing appropriation item 195-415, Regional 45,391
Offices and Economic Development, $45,000 in each fiscal year 45,392
shall be used for the Northeast Midwest Institute. 45,393
Section 37.06. Governor's Office of Appalachian Ohio 45,395
Of the foregoing appropriation item 195-416, Governor's 45,397
Office of Appalachia, shall be used for the administrative costs 45,399
of planning and liaison activities for the Governor's Office of 45,401
Appalachian Ohio. Funds not expended for liaison and training 45,403
activities may be expended for special project grants within the 45,404
Appalachian Region. 45,405
Of the foregoing appropriation item 195-416, Governor's 45,407
Office of Appalachia, up to $250,000 each fiscal year shall be 45,409
1013
used to match federal funds from the Appalachian Development 45,411
Commission to provide job training to impact the Appalachian 45,413
Region.
Of the foregoing appropriation item 195-416, Governor's 45,415
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 45,416
used for the Foundation for Appalachian Ohio. The foundation 45,417
shall match the state's contribution on a dollar-for-dollar 45,418
basis.
Urban/Rural Initiative 45,420
The foregoing appropriation item 195-417, Urban/Rural 45,422
Initiative, shall be used to make grants in accordance with 45,423
sections 122.19 to 122.22 of the Ohio Revised Code. 45,424
Technology Action 45,426
With Controlling Board approval, the foregoing 45,428
appropriation item 195-422, Technology Action, shall be used by 45,429
the Governor's Science Advisor, in consultation with the 45,430
Technology Action Fund Review Committee and with the approval of 45,431
the Director of Development, to match funding for high-priority
technology initiatives that will make Ohio entities more 45,432
competitive in federal research and development programs. 45,433
Guidelines and criteria for the release of funds shall be 45,434
developed by the Governor's Science Advisor to ensure support for 45,435
projects that advance the state's science and technology
priorities, general potential economic growth, and leverage other 45,436
financing sources. 45,437
Of the foregoing appropriation item 195-422, Technology 45,439
Action, $250,000 in fiscal year 2000 shall be used for a 45,440
strategic competitive study for Wright Patterson Air Force Base. 45,441
These state funds shall leverage a minimum of $250,000 in 45,442
matching funds for this purpose. The study shall be conducted by
the Miami Valley Economic Development Coalition. 45,443
Of the foregoing appropriation item 195-422, Technology 45,445
Action, not more than $100,000 in each fiscal year shall be used 45,446
for operating expenditures in administering this program. 45,447
1014
Of the foregoing appropriation item 195-422, Technology 45,449
Action, $100,000 in each fiscal year shall be used for statewide 45,450
information technology initiatives in conjunction with the new 45,451
Edison Center for Information Technology to be headquartered in 45,452
Dayton. This funding shall be administered by the Governor's 45,453
Science Advisor in accordance with the guidelines and procedures 45,454
for the release of funds from this program.
Section 37.07. Community Development Corporations 45,456
Of the foregoing appropriation item 195-431, Community 45,458
Development Corporation Grants, a portion of funds in each fiscal 45,460
year of the biennium shall be used to make grants to the Ohio 45,463
Community Development Finance Fund, a nonprofit corporation, in 45,465
order to leverage private-sector funds to assist nonprofit 45,466
development organizations to create affordable housing and 45,467
permanent jobs in distressed areas of the state. The remaining 45,469
moneys shall be used to provide funds to assist local community 45,471
development corporations to develop affordable housing programs 45,473
and economic development programs in their neighborhoods, and for 45,475
operating costs.
Of the foregoing appropriation item 195-431, Community 45,477
Development Corporation Grants, no less than $100,000 in each 45,479
fiscal year shall be used to provide training, technical 45,481
assistance, and capacity building assistance to nonprofit 45,482
development organizations in underserved areas of the state. For 45,484
grants awarded in each fiscal year of the biennium, priority 45,485
shall be given to proposals submitted by nonprofit development 45,486
organizations from underserved areas of the state. 45,487
Section 37.08. International Trade 45,489
The foregoing appropriation item 195-432, International 45,491
Trade, shall be used to operate and to maintain Ohio's 45,492
out-of-state trade offices.
The Director of Development may enter into contracts with 45,494
foreign nationals to staff foreign offices. Such contracts may 45,495
be paid in local currency or United States currency and shall be 45,496
1015
exempt from the provisions of section 127.16 of the Revised Code. 45,498
The director may also establish foreign currency accounts in 45,499
accordance with section 122.05 of the Revised Code for the 45,500
payment of expenses related to the operation and maintenance of 45,501
these foreign trade offices. 45,502
The foregoing appropriation item 195-432, International 45,504
Trade, shall be used to fund the International Trade Division and 45,505
assist Ohio manufacturers and agricultural producers exporting to 45,506
foreign countries in conjunction with the Department of 45,507
Agriculture. 45,508
Of the foregoing appropriation item 195-432, International 45,510
Trade, up to $25,000 may be used to purchase gifts for 45,511
representatives of foreign governments or dignitaries of foreign 45,512
countries. 45,513
Section 37.09. Ohio Industrial Training Program 45,515
The foregoing appropriation item 195-434, Industrial 45,518
Training Grants, shall be used to promote industrial training 45,519
through training grants for the reimbursement of eligible 45,520
training expenses.
Section 37.10. Emergency Shelter Housing Grants 45,522
(A) As used in this section, "emergency shelter housing" 45,524
means a structure suitable for the temporary housing of the 45,526
homeless and the provision of, or referral to, supportive 45,528
services. Shelters that restrict admission to victims of 45,530
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 45,532
(B) The foregoing appropriation item 195-440, Emergency 45,534
Shelter Housing Grants, shall be used by the Office of Housing 45,535
and Community Partnerships in the Department of Development to 45,536
make grants to private, nonprofit organizations to provide 45,537
emergency shelter housing for the homeless. The department shall 45,538
distribute the grants pursuant to rules adopted by the Director 45,539
of Development. The director may amend or rescind such rules and 45,540
may adopt other rules necessary to implement this section. In
1016
awarding grants, the department shall give preference to 45,541
organizations applying to fund existing emergency shelter 45,542
housing.
The department shall notify each organization that applied 45,544
for a grant under this section of the amount of its grant award, 45,545
if any. To receive a grant, the organization shall provide 45,546
matching funds equal to fifty per cent of the total grant it was 45,547
awarded. The organization shall expend its grant for shelter 45,548
operations and supportive services, which include employment
assistance, case management, information and referral services, 45,549
transportation, and clothing. In providing employment 45,550
assistance, the organization shall, at a minimum, refer persons 45,551
to the Ohio Bureau of Employment Services. 45,552
Low and Moderate Income Housing 45,554
The Director of Budget and Management, in consultation with 45,556
the Director of Development, shall use $7,760,000 in each fiscal 45,557
year to support low- and moderate-income housing activities. No 45,558
less than $250,000 per year shall be used from either 45,559
appropriation item 195-441, Low and Moderate Income Housing, or 45,560
appropriation item 195-638, Low and Moderate Income Housing Trust 45,561
Fund, for the Migrant Housing Labor Camp Improvements Program. 45,562
Up to $7,760,000 in each fiscal year shall be transferred from 45,563
appropriation item 195-441, Low and Moderate Income Housing, to 45,564
appropriation item 195-638, Low and Moderate Income Housing Trust 45,565
Fund.
HEAP Weatherization 45,567
Fifteen per cent of the federal funds received by the state 45,569
for the Home Energy Assistance Block Grant shall be deposited in 45,571
the Department of Development's Federal Special Revenue Fund 45,573
(Fund 3K9) and shall be used to provide home weatherization 45,575
services in the state.
Section 37.11. Travel and Tourism Grants 45,577
The foregoing appropriation item 195-507, Travel and 45,579
Tourism Grants, shall be used to provide grants to local 45,581
1017
organizations to support various local travel and tourism events 45,582
in Ohio.
Of the foregoing appropriation item 195-507, Travel and 45,584
Tourism Grants, up to $200,000 in each fiscal year of the 45,585
biennium may be used to support the outdoor dramas Trumpet in the 45,587
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 45,589
Drama; $5,000 in each fiscal year shall go to the Lake County 45,590
Visitors Bureau; $50,000 in fiscal year 2000 shall go to the
Mariemont Seventy-Fifth Anniversary Commemorative and Renewal 45,591
Project; $25,000 in each fiscal year shall go to the Underground 45,593
Railroad Freedom Center, Family History Documentation Program;
$50,000 in each fiscal year shall go to the Cincinnati Ballet; 45,594
$25,000 in each fiscal year shall go to the Ohio River Scenic 45,595
Trails; $75,000 in each fiscal year shall go to the Cincinnati 45,597
Film Commission; $75,000 in each fiscal year shall go to the
Greater Cleveland Media Development Corporation; $100,000 in 45,598
fiscal year 2000 for the 1999 AAU Junior Olympics Cleveland 45,600
Committee, Inc.; $150,000 in fiscal year 2000 for the United 45,601
States International Air and Trade Show in Dayton; $40,000 in 45,602
fiscal year 2000 for the River Edges New Environment Renewal Plan 45,604
in Warren; $25,000 in fiscal year 2000 for the Tall Stacks 99 45,605
riverboat festival in Cincinnati; and $875,000 in fiscal year 45,606
2000 and $1,000,000 in fiscal year 2001 shall be used for grants 45,608
to the International Center for the Preservation of Wild Animals. 45,609
Section 37.12. Minority Business Enterprise Loan 45,611
All loan repayments from the Minority Development Financing 45,613
Advisory Board loan program and the Ohio Mini-Loan Guarantee 45,614
Program shall be deposited in the State Treasury, to the credit 45,615
of the Minority Business Enterprise Loan Fund (Fund 4W1). 45,616
Section 37.13. Economic Development Financing Operating 45,618
The foregoing appropriation item 195-625, Economic 45,620
Development Financing Operating, shall be used for the operating 45,621
expenses of financial assistance programs authorized under 45,622
Chapter 166. of the Revised Code and under sections 122.43 and 45,623
1018
122.45 of the Revised Code. 45,624
All Loan and Grant Programs 45,626
The Department of Development shall continue to submit to 45,628
the General Assembly, the Office of Budget and Management, and 45,630
the Legislative Budget Office of the Legislative Service 45,632
Commission by the first day of April of each year a report 45,633
detailing the status of all open loans and grants made by the 45,634
department and all loans and grants which have been closed out 45,637
during the preceding calendar year. A grant shall be considered 45,638
open for three years from the date it was awarded. The report 45,639
shall identify, where applicable, the date of Controlling Board 45,641
approval, the number of jobs estimated to be retained and 45,642
created, and the number of people estimated to be trained, as 45,643
well as the actual numbers realized to date. In addition, 45,644
beginning on the first day of July of each year, the Department
of Development shall also submit a quarterly report of the loans 45,645
and grants which have been approved from the beginning of the 45,646
current calendar year. 45,647
Rural Revitalization Task Force 45,649
In the 1999-2001 biennium, the department shall coordinate 45,651
an effort to determine potential opportunities to enhance 45,652
economic development activities in distressed rural communities. 45,653
Section 37.14. Facilities Establishment Fund 45,655
The foregoing appropriation item 195-615, Facilities 45,657
Establishment Fund (Fund 037), shall be used for the purposes of 45,658
the Facilities Establishment Fund under Chapter 166. of the 45,660
Revised Code. 45,661
Notwithstanding Chapter 166. of the Revised Code, up to 45,663
$1,600,000 may be transferred each fiscal year from the 45,665
Facilities Establishment Fund (Fund 037) to the Economic 45,666
Development Financing Operating Fund (Fund 451). The transfer is 45,667
subject to Controlling Board approval pursuant to division (B) of 45,669
section 166.03 of the Revised Code. 45,670
Notwithstanding Chapter 166. of the Revised Code, up to 45,672
1019
$3,800,000 may be transferred in each fiscal year of the biennium 45,673
from the Facilities Establishment Fund (Fund 037) to the Minority 45,674
Business Enterprise Loan Fund (Fund 4W1). The transfer is 45,675
subject to Controlling Board approval pursuant to division (B) of 45,676
section 166.03 of the Revised Code. 45,677
Notwithstanding Chapter 166. of the Revised Code, up to 45,679
$5,000,000 cash may be transferred during the biennium from the 45,680
Facilities Establishment Fund (Fund 037) to the Port Authority 45,681
Bond Reserves Fund (Fund 5D1) for use by any port authority in 45,682
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 45,683
Director of Development shall develop program guidelines for the 45,684
transfer and release of funds, including, but not limited to, a 45,685
provision that no port authority shall receive more than 45,686
$2,000,000. The transfer and release of funds are subject to 45,687
Controlling Board approval.
Notwithstanding Chapter 166. of the Revised Code, up to 45,689
$20,000,000 cash may be transferred during the biennium from the 45,690
Facilities Establishment Fund (Fund 037) to the Urban 45,691
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 45,692
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 45,693
release of funds, including, but not limited to, the completion 45,694
of all appropriate environmental assessments before state 45,695
assistance is committed to a project. Program guidelines shall 45,696
give priority to municipal corporations with a population greater 45,697
than 200,000 and then to older suburbs contiguous to these
municipal corporations. "Older suburb" means municipal 45,698
corporations with at least sixty per cent or more of housing 45,699
units constructed prior to 1960, and with two per cent or lower 45,700
average annual residential growth, adjusted for inflation, over 45,701
the past fifteen years and measured by the number of issued
building permits. The transfer and release of funds are subject 45,702
to Controlling Board approval. 45,703
1020
Family Farm Loan Program 45,705
Notwithstanding Chapter 166. of the Revised Code, up to 45,707
$2,500,000 shall be transferred during the biennium from moneys 45,708
in the Facilities Establishment Fund (Fund 037) to the Family 45,709
Farm Loan Fund (Fund 5H1) in the Department of Development. 45,710
These moneys shall be used for loan guarantees. The transfer is 45,711
subject to Controlling Board approval. 45,712
Financial assistance from the Family Farm Loan Fund shall 45,715
be repaid to Fund 5H1. This fund is established in accordance 45,716
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 45,717
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 45,720
all outstanding balances, all loan repayments, and any other 45,722
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037). 45,723
Scrap Tire Loans and Grants 45,725
On July 1, 1999, or as soon thereafter as possible, the 45,727
Director of Development shall certify to the Director of Budget 45,728
and Management the balance in Fund 037, Facilities Establishment, 45,729
for the Scrap Tire Loan and Grant Program. The Director of 45,730
Budget and Management shall transfer the certified amount to Fund 45,731
586, Scrap Tire Loans and Grants.
Section 37.15. Supportive Services 45,733
The Director of Development may assess divisions of the 45,735
department for the cost of central service operations. Such an 45,736
assessment shall be based on a plan submitted to and approved by 45,737
the Office of Budget and Management by the first day of August of 45,738
each fiscal year, and contain the characteristics of 45,739
administrative ease and uniform application. 45,740
A division's payments shall be credited to the Supportive 45,742
Services Fund (Fund 135) using an intrastate transfer voucher. 45,743
General Reimbursement 45,745
The foregoing appropriation item 195-636, General 45,747
Reimbursements, shall be used for conference and subscription 45,748
1021
fees and other reimbursable costs. Revenues to the General 45,749
Reimbursement Fund (Fund 685) shall consist of fees and other 45,750
moneys charged for conferences, subscriptions, and other 45,751
administrative costs that are not central service costs. 45,752
State Special Projects 45,754
The foregoing appropriation item 195-639, State Special 45,757
Projects, shall be used as a general account for the deposit of 45,758
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used 45,759
to (1) pay the expenses of verifying the income-eligibility of 45,760
HEAP applicants, (2) market economic development opportunities in 45,761
the state, and (3) leverage additional federal funds. State 45,762
funds shall be used to match federal housing grants for the 45,763
homeless. 45,764
Volume Cap Administration 45,766
The foregoing appropriation item 195-654, Volume Cap 45,768
Administration, shall be used for administrative expenses related 45,769
to the administration of the Volume Cap Program. Revenues 45,771
received by the Volume Cap Administration Fund (Fund 617) shall 45,772
consist of application fees, forfeited deposits, and interest
earned from the custodial account. 45,773
Section 37.16. Job Creation Planning Project 45,775
The Department of Development, with the collaboration of 45,777
the Department of Human Services, shall establish a joint project 45,778
to develop and implement ways to create at least one thousand new 45,779
jobs in each of the following: 45,780
(A) Federal empowerment zones; 45,782
(B) Rural economically depressed counties. 45,784
Not later than December 31, 2000, the departments shall 45,786
jointly issue a final report to the Welfare Oversight Committee 45,787
that describes the activities undertaken pursuant to the joint 45,788
project. The committee may require additional interim reports 45,789
from the departments. 45,790
Section 38. OBD OHIO BOARD OF DIETETICS 45,792
1022
General Services Fund Group 45,794
4K9 860-609 Operating Expenses $ 282,267 $ 276,113 45,799
TOTAL GSF General Services Fund 45,800
Group $ 282,267 $ 276,113 45,803
TOTAL ALL BUDGET FUND GROUPS $ 282,267 $ 276,113 45,806
Section 39. CDR COMMISSION ON DISPUTE RESOLUTION AND 45,809
CONFLICT MANAGEMENT 45,810
General Revenue Fund 45,812
GRF 145-401 Commission on Dispute 45,815
Resolution/Management $ 583,225 $ 597,222 45,817
TOTAL GRF General Revenue Fund $ 583,225 $ 597,222 45,820
General Services Fund Group 45,823
4B6 145-601 Gifts and Grants $ 153,450 $ 157,133 45,828
TOTAL GSF General Services Fund 45,829
Group $ 153,450 $ 157,133 45,832
TOTAL ALL BUDGET FUND GROUPS $ 736,675 $ 754,355 45,835
Commission on Dispute Resolution/Management 45,838
The foregoing appropriation item 145-401, Commission on 45,839
Dispute Resolution/Management, shall be used in each fiscal year 45,840
by the Commission on Dispute Resolution and Conflict Management 45,841
for the purpose of providing dispute resolution and conflict 45,842
management training, consultation, and materials for state and 45,843
local government, communities, school districts, courts and, in 45,844
consultation with the Department of Education, for the purpose of 45,845
offering competitive school conflict programs to school 45,846
districts.
The Commission shall assist the Department of Education in 45,848
the development and dissemination of the school conflict 45,849
management programs to school districts.
Section 40. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 45,851
NETWORK COMMISSION 45,852
General Revenue Fund 45,854
GRF 374-100 Personal Services $ 1,775,810 $ 1,702,801 45,859
GRF 374-200 Maintenance $ 847,878 $ 868,227 45,863
1023
GRF 374-300 Equipment $ 49,038 $ 50,214 45,867
GRF 374-401 Statehouse News 45,869
Bureau $ 265,507 $ 271,880 45,871
GRF 374-404 Telecommunications 45,873
Operating Subsidy $ 5,349,336 $ 5,723,791 45,875
TOTAL GRF General Revenue Fund $ 8,287,569 $ 8,616,913 45,878
General Services Fund Group 45,881
4F3 374-603 Affiliate Services $ 2,729,574 $ 2,753,275 45,886
TOTAL GSF General Services 45,887
Fund Group $ 2,729,574 $ 2,753,275 45,890
State Special Revenue Fund Group 45,892
5D3 374-604 High Definition 45,894
Television $ 12,000,000 $ 0 45,896
TOTAL SSR State Special Revenue $ 12,000,000 $ 0 45,899
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 23,017,143 $ 11,370,188 45,902
Statehouse News Bureau 45,905
The foregoing appropriation item 374-401, Statehouse News 45,907
Bureau, shall be used solely to support the operations of the 45,908
Ohio Statehouse News Bureau. 45,909
Telecommunications Operating Subsidy 45,911
The foregoing appropriation item 374-404, 45,913
Telecommunications Operating Subsidy, shall be distributed by the 45,914
Ohio Educational Telecommunications Network Commission to Ohio's 45,915
qualified public educational television stations, radio reading 45,916
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 45,917
allocation developed by the Ohio Educational Telecommunications 45,918
Network Commission.
Project Equity Fund 45,920
The Project Equity Fund (Fund 4F3) is hereby renamed the 45,922
Affiliates Services Fund (Fund 4F3), and the Fees and Grants Fund 45,923
(Fund 140) and the Fees and Grants Fund (Fund 463) are hereby 45,924
abolished. On July 1, 1999, or as soon thereafter as possible, 45,925
1024
the Director of Budget and Management shall transfer the cash 45,926
balances in the Fees and Grants Fund (Fund 140) and in the Fees
and Grants Fund (Fund 463) to the Affiliates Services Fund (Fund 45,927
4F3). The director shall cancel any existing encumbrances 45,928
against appropriation item 374-601, Fees and Grants (Fund 463), 45,929
and reestablish them against appropriation item 374-603, 45,931
Affiliates Services (Fund 4F3). The amounts of the reestablished 45,932
encumbrances are hereby appropriated.
High Definition Television 45,934
The foregoing appropriation item 374-604, High Definition 45,936
Television, shall be distributed by the Ohio Educational 45,937
Telecommunications Network Commission to public television 45,938
stations for the purchase of high definition television
transmitter hardware. Distribution of moneys appropriated from 45,939
Fund 5D3 shall require approval of the Controlling Board. 45,940
Section 41. ELC OHIO ELECTIONS COMMISSION 45,942
General Revenue Fund 45,944
GRF 051-321 Operating Expenses $ 423,950 $ 444,757 45,949
TOTAL GRF General Revenue Fund 45,952
$ 423,950 $ 444,757 45,955
State Special Revenue Fund Group 45,957
4P2 051-601 Ohio Elections 45,960
Commission Fund $ 150,000 $ 150,000 45,963
TOTAL SSR State Special 45,964
Revenue Fund Group $ 150,000 $ 150,000 45,967
TOTAL ALL BUDGET FUND GROUPS $ 573,950 $ 594,757 45,970
Section 42. FUN STATE BOARD OF EMBALMERS AND FUNERAL 45,973
DIRECTORS 45,974
General Services Fund Group 45,976
4K9 881-609 Operating Expenses $ 472,893 $ 472,893 45,981
TOTAL GSF General Services 45,982
Fund Group $ 472,893 $ 472,893 45,985
TOTAL ALL BUDGET FUND GROUPS $ 472,893 $ 472,893 45,988
Section 43. ERB STATE EMPLOYMENT RELATIONS BOARD 45,991
1025
General Revenue Fund 45,993
GRF 125-321 Operating Expenses $ 3,628,561 $ 3,596,072 45,998
TOTAL GRF General Revenue Fund $ 3,628,561 $ 3,596,072 46,001
General Services Fund Group 46,004
572 125-603 Training and 46,007
Publications $ 70,423 $ 72,113 46,009
TOTAL GSF General Services 46,010
Fund Group $ 70,423 $ 72,113 46,013
TOTAL ALL BUDGET FUND GROUPS $ 3,698,984 $ 3,668,185 46,016
Operating Expenses 46,019
Of the foregoing appropriation item 125-321, Operating 46,021
Expenses, $17,023 in fiscal year 2000 and $34,182 in fiscal year 46,022
2001 shall be used to supplement funding of per diem costs for 46,023
fact-finders.
Training and Publications Fund 46,025
Effective July 1, 1999, the Research and Training Fund 46,027
(Fund 572) is hereby renamed the Training and Publications Fund 46,028
(Fund 572), and the Transcript and Other Fund (Fund 440) is 46,030
hereby abolished. On July 1, 1999, or as soon thereafter as 46,031
possible, the Director of Budget and Management shall transfer 46,032
the cash balance in the Transcript and Other Fund (Fund 440) to 46,033
the Training and Publications Fund (Fund 572). The director 46,034
shall cancel any existing encumbrances against appropriation item 46,035
125-601, Transcript and Other (Fund 440), and reestablish them 46,036
against appropriation item 125-603, Training and Publications 46,037
(Fund 572). The amounts of the reestablished encumbrances are
hereby appropriated. 46,038
Section 44. BES BUREAU OF EMPLOYMENT SERVICES 46,040
General Revenue Fund 46,042
GRF 795-406 Workforce Development $ 350,004 $ 0 46,047
GRF 795-407 OBES Operating $ 23,227,425 $ 0 46,051
GRF 795-408 Labor Market 46,053
Projections $ 180,209 $ 0 46,055
GRF 795-410 Women's Programs $ 474,237 $ 0 46,059
1026
GRF 795-412 Prevailing Wage/Min. 46,061
Wage & Minors $ 2,366,897 $ 0 46,063
GRF 795-413 OSHA Match $ 133,833 $ 0 46,067
GRF 795-414 Apprenticeship 46,069
Council $ 178,590 $ 0 46,071
GRF 795-417 Public Employment 46,073
Risk Reduction
Program $ 1,324,292 $ 0 46,075
TOTAL GRF General Revenue Fund $ 28,235,487 $ 0 46,078
Federal Special Revenue Fund Group 46,081
3S9 795-620 TANF Employment and 46,084
Training $ 700,000 $ 0 46,086
331 795-601 Federal Operating $ 112,769,618 $ 0 46,090
349 795-614 OSHA Enforcement $ 1,293,258 $ 0 46,094
365 795-602 Job Training Program $ 101,224,584 $ 0 46,098
TOTAL FED Federal Special Revenue 46,099
Fund Group $ 215,987,460 $ 0 46,102
State Special Revenue Fund Group 46,105
4A9 795-607 Unemployment 46,108
Compensation
Administration Fund $ 17,015,029 $ 0 46,110
4G1 795-610 Interagency 46,112
Agreements $ 607,279 $ 0 46,114
4R3 795-609 Banking Fees $ 579,040 $ 0 46,118
5A5 795-616 Unemployment 46,120
Compensation Benefit
Automation $ 6,705,016 $ 0 46,122
557 795-613 Apprenticeship 46,124
Council Conference $ 15,000 $ 0 46,126
TOTAL SSR State Special Revenue 46,127
Fund Group $ 24,921,364 $ 0 46,130
TOTAL ALL BUDGET FUND GROUPS $ 269,144,311 $ 0 46,133
Administration Support Services 46,136
The Administrator of the Bureau of Employment Services may 46,138
1027
assess programs of the bureau for the cost of administration, 46,140
support, and technical services. Such an assessment shall be 46,141
based upon a plan submitted to and approved by the Office of 46,142
Budget and Management by the first day of August of each fiscal 46,143
year and shall contain the characteristics of administrative ease 46,144
and uniform application. A program's payments shall be 46,146
transferred via intrastate transfer voucher to the Unemployment 46,148
Compensation Administration Fund (Fund 331). 46,149
Employer Surcharge 46,151
The surcharge and the interest on the surcharge amounts due 46,153
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 46,154
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 46,155
General Assembly shall be assessed, collected, accounted for, and 46,156
made available to the Administrator of the Bureau of Employment 46,157
Services in the same manner as are the surcharge and interest 46,158
amounts pursuant to section 4141.251 of the Revised Code. 46,159
Federal Operating 46,161
From the foregoing appropriation item 795-601, Federal 46,163
Operating, $707,513.42 represents the funds made available to 46,164
this state under section 903 of the Social Security Act, as 46,165
amended. This amount shall be used under the direction of the 46,166
Bureau of Employment Services to pay for administration of the 46,167
state's unemployment compensation law and public employment
offices. No part of the money hereby appropriated may be 46,168
obligated after the expiration of the two-year period beginning 46,169
on the effective date of this section.
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 46,171
General Services Fund Group 46,173
4K9 892-609 Operating Expenses $ 891,949 $ 950,525 46,178
TOTAL GSF General Services 46,179
Fund Group $ 891,949 $ 950,525 46,182
TOTAL ALL BUDGET FUND GROUPS $ 891,949 $ 950,525 46,185
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY 46,188
General Revenue Fund 46,190
1028
GRF 715-501 Local Air Pollution 46,193
Control $ 1,295,661 $ 1,331,940 46,195
GRF 716-321 Central 46,197
Administration $ 3,776,667 $ 3,877,556 46,199
GRF 717-321 Water Quality 46,201
Planning and
Assessment $ 8,707,106 $ 8,947,356 46,203
GRF 718-321 Groundwater $ 1,112,838 $ 1,147,341 46,207
GRF 719-321 Air Pollution Control $ 2,576,286 $ 2,662,369 46,211
GRF 721-321 Public Water System 46,213
Supervision $ 2,791,652 $ 2,879,263 46,215
GRF 723-321 Hazardous Waste $ 232,835 $ 250,883 46,219
GRF 724-321 Pollution Prevention $ 716,856 $ 819,356 46,223
GRF 725-321 Laboratory $ 1,148,662 $ 1,182,713 46,227
GRF 726-321 Emergency Response $ 1,582,266 $ 1,538,553 46,231
GRF 728-321 Environmental 46,233
Financial Assistance $ 25,499 $ 30,137 46,235
GRF 729-321 Solid Waste $ 61,568 $ 72,766 46,239
TOTAL GRF General Revenue Fund $ 24,027,896 $ 24,740,233 46,242
General Services Fund Group 46,245
199 715-602 Laboratory Services $ 802,472 $ 822,893 46,250
4A1 715-640 Operating Expenses $ 3,876,896 $ 4,019,750 46,254
TOTAL GSF General Services 46,255
Fund Group $ 4,679,368 $ 4,842,643 46,258
Federal Special Revenue Fund Group 46,261
3F2 715-630 Revolving Loan Fund - 46,264
Operating $ 3,680,500 $ 3,716,000 46,266
3F3 715-632 Fed Supported Cleanup 46,268
and Response $ 3,064,631 $ 4,464,910 46,270
3F4 715-633 Water Quality 46,272
Management $ 727,000 $ 727,000 46,274
3F5 715-641 Nonpoint Source 46,276
Pollution Management $ 4,700,000 $ 5,300,000 46,278
3J1 715-620 Urban Stormwater $ 500,000 $ 500,000 46,282
1029
3J5 715-615 Maumee River $ 153,680 $ 0 46,286
3K4 715-634 DOD Monitoring and 46,288
Oversight $ 718,301 $ 682,460 46,290
3K6 715-639 Remedial Action Plan $ 750,000 $ 521,400 46,294
3M5 715-652 Haz Mat Transport 46,296
Uniform Safety $ 283,728 $ 284,493 46,298
3N1 715-655 Pollution Prevention 46,300
Grants $ 87,150 $ 25,000 46,302
3N4 715-657 DOE Monitoring and 46,304
Oversight $ 3,868,638 $ 3,883,118 46,306
3S4 715-653 Performance 46,308
Partnership Grants $ 13,795,906 $ 13,754,814 46,310
3T1 715-668 Rural Hardship Grant $ 900,000 $ 100,000 46,314
352 715-611 Wastewater Pollution $ 239,650 $ 240,425 46,318
353 715-612 Public Water Supply $ 260,000 $ 260,000 46,322
356 715-616 Indirect Costs $ 3,000,000 $ 3,000,000 46,326
357 715-619 Air Pollution Control $ 388,750 $ 255,000 46,330
362 715-605 Underground Injection 46,332
Control $ 50,000 $ 0 46,334
TOTAL FED Federal Special Revenue 46,335
Fund Group $ 37,167,934 $ 37,714,620 46,338
State Special Revenue Fund Group 46,341
3T3 715-669 Drinking Water SRF $ 5,414,115 $ 5,260,935 46,346
4C3 715-647 Central Support 46,348
Indirect $ 7,103,081 $ 7,150,702 46,350
4J0 715-638 Underground Injection 46,352
Control $ 347,808 $ 357,265 46,354
4K2 715-648 Clean Air - Non Title 46,356
V $ 2,882,688 $ 3,183,577 46,358
4K3 715-649 Solid Waste $ 10,471,339 $ 10,779,003 46,362
4K4 715-650 Surface Water 46,364
Protection $ 7,117,576 $ 7,134,669 46,366
4K5 715-651 Drinking Water 46,368
Protection $ 4,344,761 $ 4,460,047 46,370
1030
4P5 715-654 Cozart Landfill $ 133,640 $ 137,382 46,374
4R5 715-656 Scrap Tire Management $ 3,333,097 $ 2,441,618 46,378
4R9 715-658 Voluntary Action 46,380
Program $ 771,406 $ 801,634 46,382
4T3 715-659 Clean Air Title V 46,384
Permit Program $ 16,254,785 $ 17,466,741 46,386
4U7 715-660 Construction & 46,388
Demolition Debris $ 122,000 $ 127,500 46,390
5H4 715-664 Groundwater Support $ 1,383,904 $ 1,412,845 46,394
500 715-608 Immediate Removal 46,396
Special Account $ 800,390 $ 601,597 46,398
503 715-621 Hazardous Waste 46,400
Facility Management $ 8,219,531 $ 8,283,100 46,402
503 715-662 Hazardous Waste 46,404
Facility Board $ 654,214 $ 641,903 46,406
505 715-623 Hazardous Waste 46,408
Cleanup $ 12,914,553 $ 11,881,897 46,410
541 715-670 Environmental 46,412
Protection
Remediation Fund $ 2,417,353 $ 2,024,727 46,414
542 715-671 Risk Management 46,416
Reporting $ 480,200 $ 480,200 46,418
592 715-627 Anti-Tampering 46,420
Settlement $ 16,530 $ 15,334 46,422
6A1 715-645 Environmental 46,424
Education $ 2,137,081 $ 2,138,253 46,426
602 715-626 Motor Vehicle 46,428
Inspection and
Maintenance $ 2,630,980 $ 2,474,801 46,430
644 715-631 ER Radiological 46,432
Safety $ 183,380 $ 184,893 46,434
660 715-629 Infectious Wastes 46,436
Management $ 127,849 $ 131,251 46,438
1031
676 715-642 Water Pollution 46,440
Control Loan
Administration $ 100,000 $ 1,060,000 46,442
678 715-635 Air Toxic Release $ 355,457 $ 370,598 46,446
679 715-636 Emergency Planning $ 1,897,343 $ 1,950,986 46,450
696 715-643 Air Pollution Control 46,452
Administration $ 765,621 $ 790,153 46,454
699 715-644 Water Pollution 46,456
Control
Administration $ 487,633 $ 500,384 46,458
TOTAL SSR State Special Revenue 46,459
Fund Group $ 93,868,315 $ 94,243,995 46,462
TOTAL ALL BUDGET FUND GROUPS $ 159,743,513 $ 161,541,491 46,465
Central Support Indirect Chargeback 46,468
The Environmental Protection Agency, with approval of the 46,470
Director of Budget and Management, shall utilize a methodology 46,471
for determining each division's payments into the Operating 46,472
Expenses Fund (Fund 4A1). The methodology used shall contain the 46,473
characteristics of administrative ease and uniform application. 46,474
Payments to the Operating Expenses Fund (Fund 4A1) shall be made
using an intrastate transfer voucher. 46,475
Memorandum of Understanding 46,477
Due to the competitive economic forces of Ohio's bordering 46,479
states, the Director of the Environmental Protection Agency 46,480
should actively pursue a memorandum of understanding with the 46,481
United States Environmental Protection Agency for the Voluntary 46,482
Action Program in Ohio. A memorandum of understanding will raise 46,483
the level of comfort and protection for participants in the 46,484
Voluntary Action Program, with the goal of attracting economic
development and enhancing environmental protection. 46,485
Scrap Tire Transfers 46,487
Not later than September 1, 1999, the Director of 46,489
Environmental Protection shall transfer cash in the amount of 46,491
$400,000 from the Scrap Tire Management Fund (Fund 4R5) to the
1032
Department of Development Scrap Tire Loans and Grants Fund (Fund 46,492
586). The transfer will reimburse the Department of Development 46,493
for expenditures made for a tire development and reprocessing 46,494
project. This payment is in lieu of the fiscal year 1998 funding 46,495
for the Scrap Tire Development and Reprocessing Project 46,496
prescribed in Section 58 of Am. Sub. H.B. 215 of the 122nd 46,497
General Assembly.
Notwithstanding division (G)(3) of section 3734.82 of the 46,499
Revised Code, not later than March 1, 2000, the Director of 46,500
Environmental Protection, with the concurrence of the Director of 46,501
Development, shall certify to the Director of Budget and 46,502
Management the amount overpaid in prior fiscal years to the Scrap 46,503
Tire Management Fund and transferred to the Department of 46,504
Development. In fiscal years 2000 and 2001, the Director of 46,505
Environmental Protection shall request that the Director of 46,506
Budget and Management transfer $1,000,000, prescribed in division 46,507
(G)(3) of section 3734.82 of the Revised Code, less one-half of 46,509
the amount of the certified overpayment from the Scrap Tire 46,510
Management Fund (Fund 4R5) to the Scrap Tire Loans and Grants 46,511
Fund (Fund 586).
Ashtabula River Project 46,513
The Director of Environmental Protection, with the approval 46,516
of the Director of Budget and Management, shall transfer cash in 46,517
an amount not to exceed $4,000,000 in fiscal year 2000 and an 46,518
amount not to exceed $3,000,000 in fiscal year 2001 from the
Hazardous Waste Cleanup Fund (Fund 505) to the Environmental 46,519
Protection Remediation Fund (Fund 541). The amounts of the cash 46,520
transferred is hereby appropriated. 46,522
Toussaint River Project 46,524
Of the foregoing appropriation item 717-321, Water Quality 46,526
Planning and Assessment, $100,000 in fiscal year 2000 shall be 46,527
used for the Toussaint River Ordinance Clean-Up Project. 46,528
Areawide Planning Agencies 46,530
Of the foregoing appropriation item, 717-321, Water Quality 46,532
1033
Planning and Assessment, $450,000 in fiscal year 2000 and 46,533
$450,000 in fiscal year 2001 shall be divided evenly between the 46,534
following six areawide planning agencies: Eastgate Development 46,535
and Transportation Agency, Toledo Metropolitan Area Council of 46,536
Governments, Northeast Ohio Four County Regional Planning and 46,537
Development Organization, Northeast Ohio Areawide Coordinating 46,538
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 46,539
and Miami Valley Regional Planning Commission. 46,540
Study of Division of Surface Water and Division of Air 46,542
Pollution Control 46,543
The Director of Environmental Protection shall conduct a 46,545
study of the operations of the Division of Surface Water and the 46,546
Division of Air Pollution Control in the Environmental Protection 46,547
Agency and make recommendations for improving efficiencies within 46,548
those divisions. The study may address the following topics: 46,549
(1) Standardization of permit application requirements; 46,551
(2) Computerization of information regarding the status of 46,553
permit applications, and the ability of permit applicants to 46,554
access that information; 46,555
(3) Definition and coordination of the roles of agency 46,557
district offices and the central office in the permitting 46,558
process;
(4) Review of unwritten division policies and determination 46,560
of which of those policies should be adopted as rules; 46,561
(5) Determination of the efficiency of implementing 46,563
permits by rule and general permits. 46,564
The director shall submit a report containing the findings 46,566
of the study and recommendations to the Governor, the Director of 46,567
Budget and Management, the President and Minority Leader of the 46,568
Senate, and the Speaker and Minority Leader of the House of 46,570
Representatives not later than June 30, 2000. The report shall 46,571
include recommendations concerning resource allocation, staff 46,572
utilization, fee structures, and permit processing as well as 46,573
plans for the implementation of the recommendations to improve 46,574
1034
operational efficiency.
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION 46,576
General Revenue Fund 46,578
GRF 172-321 Operating Expenses $ 463,373 $ 464,059 46,583
TOTAL GRF General Revenue Fund $ 463,373 $ 464,059 46,586
TOTAL ALL BUDGET FUND GROUPS $ 463,373 $ 464,059 46,589
Section 48. ETH OHIO ETHICS COMMISSION 46,592
General Revenue Fund 46,594
GRF 146-321 Operating Expenses $ 1,312,468 $ 1,304,989 46,599
TOTAL GRF General Revenue Fund $ 1,312,468 $ 1,304,989 46,602
General Services Fund Group 46,605
4M6 146-601 Operating Expenses $ 338,667 $ 363,766 46,610
TOTAL GSF General Services 46,611
Fund Group $ 338,667 $ 363,766 46,614
TOTAL ALL BUDGET FUND GROUPS $ 1,651,135 $ 1,668,755 46,617
Section 49. EXP OHIO EXPOSITIONS COMMISSION 46,620
General Revenue Fund 46,622
GRF 723-403 Junior Fair Subsidy $ 500,000 $ 525,000 46,627
GRF 723-404 State Fair Reserve $ 700,000 $ 0 46,631
TOTAL GRF General Revenue Fund $ 1,200,000 $ 525,000 46,634
State Special Revenue Fund Group 46,637
506 723-601 Operating Expenses $ 13,483,707 $ 13,945,497 46,642
4N2 723-602 Ohio State Fair 46,644
Harness Racing $ 475,000 $ 500,000 46,646
640 723-603 State Fair Reserve $ 700,000 $ 0 46,650
TOTAL SSR State Special Revenue 46,651
Fund Group $ 14,658,707 $ 14,445,497 46,654
TOTAL ALL BUDGET FUND GROUPS $ 15,858,707 $ 14,970,497 46,657
State Fair Reserve 46,660
Within thirty days after the effective date of this 46,662
section, the Director of Budget and Management shall transfer 46,663
$700,000 in cash by intrastate transfer voucher from 46,664
appropriation item 723-404 to Fund 640, State Fair Reserve, which 46,665
is hereby created.
1035
The foregoing appropriation item 723-603, State Fair 46,667
Reserve, shall serve as a budget reserve fund for the Ohio 46,668
Expositions Commission in the event of a significant decline in 46,669
attendance due to inclement weather or extraordinary 46,670
circumstances during the Ohio State Fair and resulting in a loss 46,671
of revenue. The State Fair Reserve may be used by the Ohio 46,672
Expositions Commission to pay bills resulting from the Ohio State 46,673
Fair only if all the following criteria are met: 46,674
(A) Admission revenues for the 1999 Ohio State Fair are 46,676
less than $2,580,000 or admission revenues for the 2000 Ohio 46,677
State Fair are less than $2,660,000 due to inclement weather or 46,678
extraordinary circumstances. These amounts are ninety per cent 46,679
of the projected admission revenues for each year. 46,680
(B) The Ohio Expositions Commission declares a state of 46,682
fiscal exigency and requests release of funds by the Director of 46,683
Budget and Management. 46,684
(C) The Director of Budget and Management releases the 46,686
funds. The Director of Budget and Management may approve or 46,687
disapprove the request for release of funds, may increase or 46,688
decrease the amount of release, and may place such conditions as 46,689
the director deems necessary on the use of the released funds. 46,690
The Director of Budget and Management may transfer appropriation 46,691
authority from fiscal year 2000 to fiscal year 2001 as needed. 46,692
Not later than October 15 of each fiscal year, the Director 46,694
of Budget and Management, in consultation with the Expositions 46,695
Commission, shall determine the amount of available funds in Fund 46,696
640, State Fair Reserve. The Director of Budget and Management 46,697
may then transfer all or part of the available balance, as 46,698
needed, to Fund 5A4, Junior Fair Subsidy, which is hereby 46,699
created. Any amounts transferred to Fund 5A4, Junior Fair 46,700
Subsidy, shall be in addition to existing appropriations that 46,701
support Junior Fair activities.
Section 50. GOV OFFICE OF THE GOVERNOR 46,703
General Revenue Fund 46,705
1036
GRF 040-321 Operating Expenses $ 4,621,451 $ 4,764,041 46,710
GRF 040-403 National Governors 46,712
Conference $ 170,848 $ 175,973 46,714
GRF 040-408 Office of Veterans' 46,716
Affairs $ 266,938 $ 274,866 46,718
GRF 040-501 Veterans Service 46,720
Commission Education $ 20,000 $ 20,000 46,722
TOTAL GRF General Revenue Fund $ 5,079,237 $ 5,234,880 46,725
General Services Fund Group 46,728
412 040-607 Notary Commission $ 156,666 $ 161,289 46,733
TOTAL GSF General Services 46,734
Fund Group $ 156,666 $ 161,289 46,737
TOTAL ALL BUDGET FUND GROUPS $ 5,235,903 $ 5,396,169 46,740
Appointment of Legal Counsel for the Governor 46,743
The Governor may expend a portion of the foregoing 46,745
appropriation item 040-321, Operating Expenses, to hire or 46,746
appoint legal counsel to be used in proceedings involving the 46,747
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 46,748
notwithstanding sections 109.02 and 109.07 of the Revised Code. 46,749
Of the foregoing appropriation item 040-501, Veterans 46,751
Service Commission Education, no more than $20,000 in each fiscal 46,752
year may be used to provide moneys to the Association of County 46,753
Veterans Service Commissioners to reimburse its member county 46,754
veterans service commissions for costs incurred in carrying out 46,755
educational and outreach duties required under divisions (E) and 46,756
(F) of section 5901.03 of the Revised Code. Upon the 46,757
presentation of an itemized statement, the Office of Veterans 46,759
Affairs shall direct the Auditor of State to issue a warrant upon 46,761
the state treasury to the association to reimburse member
commissions for reasonable and appropriate expenses incurred 46,762
performing these duties. The association shall establish uniform 46,763
procedures for reimbursing member commissions. 46,764
Section 51. DOH DEPARTMENT OF HEALTH 46,766
1037
General Revenue Fund 46,768
GRF 440-402 Osteoporosis 46,771
Awareness $ 50,000 $ 50,000 46,773
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 46,777
GRF 440-407 Encephalitis Control 46,779
Project $ 246,967 $ 250,484 46,781
GRF 440-412 Cancer Incidence 46,783
Surveillance System $ 877,770 $ 878,159 46,785
GRF 440-413 Ohio Health Care 46,787
Policy and Data $ 3,848,845 $ 3,848,845 46,789
GRF 440-416 Child and Family 46,791
Health Services $ 11,279,151 $ 11,189,770 46,793
GRF 440-418 Immunizations $ 7,417,075 $ 8,096,207 46,797
GRF 440-424 Kid's Card $ 250,000 $ 250,000 46,800
GRF 440-430 Adult Care Facilities $ 1,836,179 $ 1,818,757 46,804
GRF 440-439 Nursing Home Survey 46,806
and Certification $ 3,081,223 $ 3,159,794 46,808
GRF 440-444 AIDS Prevention/AZT $ 8,080,677 $ 8,784,732 46,812
GRF 440-445 Nurse Aide Program $ 618,832 $ 620,832 46,816
GRF 440-451 Prevention $ 6,134,734 $ 7,128,593 46,820
GRF 440-452 Child and Family 46,822
Health Care
Operations $ 989,603 $ 979,196 46,824
GRF 440-453 Quality Assurance $ 5,920,825 $ 5,946,099 46,828
GRF 440-457 Services to State 46,830
Employees $ 135,143 $ 134,700 46,832
GRF 440-459 Ohio Early Start $ 12,380,104 $ 12,380,104 46,836
GRF 440-461 Vital Statistics $ 3,579,867 $ 3,541,713 46,840
GRF 440-501 Local Health 46,842
Districts $ 4,059,968 $ 4,157,407 46,844
GRF 440-504 Poison Control 46,846
Network $ 447,000 $ 451,728 46,848
GRF 440-505 Medically Handicapped 46,850
Children $ 12,533,049 $ 12,533,049 46,852
1038
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 46,856
GRF 440-507 Cystic Fibrosis $ 799,968 $ 800,136 46,860
GRF 440-508 Migrant Health $ 125,460 $ 128,471 46,864
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 46,868
TOTAL GRF General Revenue Fund $ 86,494,893 $ 88,943,845 46,871
General Services Fund Group 46,874
142 440-618 General Operations $ 3,661,794 $ 3,395,177 46,879
211 440-613 Central Support 46,881
Indirect Costs $ 24,374,512 $ 25,014,398 46,883
473 440-622 Lab Operating 46,885
Expenses $ 3,788,586 $ 3,843,985 46,887
683 440-633 Employee Assistance 46,889
Program $ 1,063,630 $ 1,034,876 46,891
698 440-634 Nurse Aide Training $ 300,000 $ 307,800 46,895
TOTAL GSF General Services 46,896
Fund Group $ 33,188,522 $ 33,596,236 46,899
Federal Special Revenue Fund Group 46,902
320 440-601 Maternal Child Health 46,905
Block Grant $ 26,200,000 $ 26,855,000 46,907
387 440-602 Preventive Health 46,909
Block Grant $ 8,786,601 $ 8,786,601 46,911
389 440-604 Women, Infants, and 46,913
Children $ 177,000,000 $ 177,000,000 46,915
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 46,919
392 440-618 General Operations $ 63,328,268 $ 64,876,942 46,923
TOTAL FED Federal Special Revenue 46,924
Fund Group $ 295,174,513 $ 297,879,637 46,927
State Special Revenue Fund Group 46,930
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 46,935
4F9 440-610 Sickle Cell Disease 46,937
Control $ 966,867 $ 988,347 46,939
4G0 440-636 Heirloom Birth 46,941
Certificate $ 135,206 $ 138,853 46,943
1039
4G0 440-637 Birth Certificate 46,945
Surcharge $ 51,400 $ 52,839 46,947
4L3 440-609 Miscellaneous 46,949
Expenses $ 445,000 $ 445,000 46,951
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 46,955
4V6 440-641 Save Our Sight $ 800,000 $ 800,000 46,958
470 440-618 General Operations $ 12,541,756 $ 12,320,915 46,962
471 440-619 Certificate of Need $ 321,962 $ 330,371 46,966
477 440-627 Medically Handicapped 46,968
Children Audit $ 1,600,000 $ 1,600,000 46,970
5B5 440-616 Quality, Monitoring, 46,972
and Inspection $ 740,973 $ 759,670 46,974
5C0 440-615 Alcohol Testing and 46,976
Permit $ 1,305,067 $ 1,325,113 46,978
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 46,982
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 46,986
610 440-626 Radiation Emergency 46,988
Response $ 920,982 $ 921,584 46,989
666 440-607 Medically Handicapped 46,991
Children-County
Assessments $ 14,433,293 $ 14,039,889 46,993
TOTAL SSR State Special Revenue 46,994
Fund Group $ 40,307,358 $ 39,409,340 46,997
Holding Account Redistribution Fund Group 47,000
R14 440-631 Vital Statistics $ 68,691 $ 68,691 47,005
R48 440-625 Refunds, Grants 47,007
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 47,009
TOTAL 090 Holding Account 47,010
Redistribution
Fund Group $ 78,971 $ 78,971 47,013
TOTAL ALL BUDGET FUND GROUPS $ 455,244,257 $ 459,908,029 47,016
Hemophilia Services 47,019
Of the foregoing appropriation item 440-406, Hemophilia 47,021
1040
Services, $205,000 in each fiscal year shall be used to implement 47,022
the Hemophilia Insurance Pilot Project. 47,023
Of the foregoing appropriation item 440-406, Hemophilia 47,025
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 47,026
year 2001 shall be used by the Department of Health to provide 47,027
grants to the nine hemophilia treatment centers to provide 47,028
prevention services for persons with hemophilia and their family 47,029
members affected by AIDS and other bloodborne pathogens. 47,030
Cancer Registry System 47,032
Of the foregoing appropriation item 440-412, Cancer 47,034
Incidence Surveillance System, $50,000 in each fiscal year shall 47,035
be provided to the Northern Ohio Cancer Resource Center. 47,036
The remaining moneys in appropriation item 440-412, Cancer 47,038
Incidence Surveillance System, shall be used to fund the Cancer 47,039
Surveillance System maintained and operated by the Arthur G. 47,040
James Cancer Hospital and Research Institute of The Ohio State 47,041
University pursuant to sections 3335.60 to 3335.62 of the Revised 47,043
Code.
The Department of Health shall provide the Arthur G. James 47,045
Cancer Hospital and Research Institute of The Ohio State 47,046
University with all of its records pertaining to the department's 47,047
former duties under sections 3701.261 (3335.60), 3701.262 47,048
(3335.61), and 3701.263 (3335.62) of the Revised Code as those 47,049
sections existed immediately prior to the effective date of their 47,050
amendment by this act. 47,051
Health Care Policy and Data 47,053
From the foregoing appropriation item 440-413, Ohio Health 47,055
Care Policy and Data, $750,000 in each fiscal year shall be used 47,056
for grants that enhance the quality and delivery of public and 47,057
private health services. Funds shall be distributed by the 47,058
Director of Health for a period of up to two years. The funds 47,059
granted by the Department of Health or other state dollars shall
constitute no more than 50 per cent of the total cost of the 47,060
program or project. The grantees shall use data collection and 47,061
1041
analysis, community health needs assessments, and outcome 47,062
measurement to achieve the goals of the program or project. 47,063
Funded programs and projects shall demonstrate collaborative 47,064
activities between public health agencies and organizations,
provider alliances and organizations, or providers of acute 47,065
health care services. 47,066
Child and Family Health Services 47,068
Of the foregoing appropriation item 440-416, Child and 47,070
Family Health Services, $1,700,000 in each fiscal year shall be 47,071
used for family planning services. None of the funds received 47,073
through these family planning grants shall be used to provide 47,075
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 47,076
except in the case of a medical emergency. These funds shall be 47,077
distributed on the basis of the relative need in the community 47,078
served by the Director of Health to family planning programs, 47,079
which shall include family planning programs funded under Title V 47,080
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 47,082
301, as amended, and Title X of the "Public Health Services Act," 47,083
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 47,084
other family planning programs which the Department of Health 47,085
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 47,086
emergency, with state moneys, but that otherwise substantially 47,087
comply with the quality standards for such programs under Title V 47,088
and Title X.
The Director of Budget and Management shall transfer, no 47,090
later than 15 days after the effective date of this section, from 47,091
appropriation item 400-410, TANF State, or 400-411, TANF Federal 47,092
Block Grant, or both, to appropriation item 440-416, Child and 47,093
Family Health Services, $250,000 in fiscal year 2000 to be used 47,094
for family planning services for children or their families whose
income is at or below 200 per cent of the official poverty 47,095
guideline. The amount is hereby appropriated. 47,096
1042
The Director of Budget and Management shall transfer, no 47,098
later than July 15, 2000, from appropriation item 600-410, TANF 47,099
State, or 600-411, TANF Federal Block Grant, or both, to 47,100
appropriation item 440-416, Child and Family Health Services, 47,101
$250,000 in fiscal year 2001 to be used for family planning
services for children or their families whose income is at or 47,102
below 200 per cent of the official poverty guideline. The amount 47,103
is hereby appropriated.
The Director of Health shall, by rule, provide reasonable 47,105
methods by which a grantee wishing to be eligible for federal 47,106
funding may comply with these requirements for state funding 47,107
without losing its eligibility for federal funding. 47,108
Of the foregoing appropriation item 440-416, Child and 47,110
Family Health Services, $150,000 in each fiscal year shall be 47,111
used to provide malpractice insurance for physicians and other 47,113
health professionals providing prenatal services in programs 47,114
funded by the Department of Health. 47,115
Of the foregoing appropriation item 440-416, Child and 47,117
Family Health Services, $650,000 in each fiscal year shall be 47,119
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 47,121
Family Health Services, $200,000 shall be used in each fiscal 47,123
year for the OPTIONS dental care access program. 47,124
Of the foregoing appropriation item 440-416, Child and 47,126
Family Health Services, $400,000 in each fiscal year shall be 47,127
used by local Child and Family Health Services Clinics to provide 47,128
services to uninsured low-income persons. 47,129
Of the foregoing appropriation item 440-416, Child and 47,131
Family Health Services, $600,000 in each fiscal year shall be 47,132
used by Federally Qualified Health Centers and federally 47,133
designated look-alikes to provide services to uninsured 47,134
low-income persons.
Of the foregoing appropriation item 440-416, Child and 47,136
Family Health Services, $25,000 in fiscal year 2000 shall be 47,137
1043
provided to the Cincinnati Down Syndrome Association. 47,138
Of the foregoing appropriation item 440-416, Child and 47,140
Family Health Services, $40,000 in each fiscal year shall be 47,141
provided to the Wellness Community Center. 47,142
Of the foregoing appropriation item 440-416, Child and 47,144
Family Health Services, $100,000 in fiscal year 2000 shall be 47,145
provided to the Marietta Community Nutrition Program for Children 47,146
in Washington County.
HIV/AIDS Prevention/Protease Inhibitors 47,148
Of the foregoing appropriation item 440-444, AIDS 47,150
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 47,151
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 47,152
in acquiring protease inhibitor drugs. 47,153
Of the foregoing appropriation item 440-444, AIDS 47,155
Prevention/AZT, $124,500 in each fiscal year shall be used for 47,156
the AIDS Drug Reimbursement Program pursuant to section 3701.241 47,157
of the Revised Code and Title XXVI of the "Public Health Services 47,158
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 47,159
Department of Health is authorized to adopt rules pursuant to 47,160
Chapter 119. of the Revised Code as necessary for the 47,161
administration of the program. 47,162
Prevention 47,164
Of the foregoing appropriation item 440-451, Prevention, 47,166
$100,000 shall be used in each fiscal year for rape prevention 47,168
programs.
Of the foregoing appropriation item 440-451, Prevention, 47,170
$450,000 in fiscal year 2001 shall be used for rabies prevention. 47,171
Ohio Early Start 47,173
Of the foregoing appropriation item 440-459, Ohio Early 47,175
Start, $5.9 million in fiscal year 2000 and $6.0 million in 47,176
fiscal year 2001 shall be used for Welcome Home services that 47,177
include home visits by registered nurses to first-time and teen 47,178
parents.
The remaining moneys in appropriation item 440-459, Ohio 47,180
1044
Early Start, shall be used to provide services to children under 47,181
age three who are at risk of developmental delay or child abuse 47,182
and neglect. The appropriation shall be allocated with the 47,183
approval of the Family and Children First Cabinet Council and 47,184
pursuant to rules adopted in accordance with Chapter 119. of the 47,185
Revised Code.
Poison Control Network 47,187
Of the foregoing appropriation item 440-504, Poison Control 47,189
Network, all available funds in each fiscal year shall be used by 47,190
the Department of Health for grants to the consolidated Ohio 47,191
Poison Control Center to provide poison control services to Ohio 47,192
citizens. 47,193
Tuberculosis 47,195
The foregoing appropriation item 440-506, Tuberculosis, 47,197
shall be used to make payments to counties pursuant to section 47,198
339.43 of the Revised Code. 47,199
Maternal Child Health Block Grant 47,201
Of the foregoing appropriation item 440-601, Maternal Child 47,203
Health Block Grant (Fund 320), $2,091,299 shall be used in each 47,204
fiscal year for the purposes of abstinence-only education. The 47,205
Director of Health shall develop guidelines for the establishment 47,206
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 47,207
shall be pursuant to Title V of the "Social Security Act," 42 47,208
U.S.C.A. 510, and shall include, but are not limited to, 47,209
advertising campaigns and direct training in schools and other 47,210
locations.
A portion of the foregoing appropriation item 440-601, 47,212
Maternal Child Health Block Grant (Fund 320), may be used to 47,213
ensure that current information on sudden infant death syndrome 47,214
is available for distribution by local health districts. 47,215
Genetics Services 47,217
The foregoing appropriation item 440-608, Genetics Services 47,219
(Fund 4D6), shall be used by the Department of Health to 47,220
1045
administer programs authorized by sections 3701.501 and 3701.502 47,221
of the Revised Code. 47,222
Sickle Cell Fund 47,224
The foregoing appropriation item 440-610, Sickle Cell 47,226
Disease Control (Fund 4F9), shall be used by the Department of 47,227
Health to administer programs authorized by section 3701.131 of 47,228
the Revised Code. The source of the funds is as specified in 47,229
section 3701.23 of the Revised Code. 47,230
Osteoporosis Awareness Program 47,232
Grants from pharmaceutical companies, and others, for the 47,234
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 47,235
Non-Governmental Revenue, and shall be used, along with 47,236
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 47,238
Office of Women's Health Initiatives to implement an Osteoporosis 47,239
Awareness Program.
Medically Handicapped Children Audit 47,241
The Medically Handicapped Children Audit Fund (Fund 477) 47,243
shall receive revenue from audits of hospitals and recoveries 47,244
from third-party payors. Moneys may be expended for payment of 47,245
audit settlements and for costs directly related to obtaining 47,246
recoveries from third-party payors and for encouraging Program 47,247
for Medically Handicapped Children recipients to apply for 47,248
third-party benefits. Moneys also may be expended for payments 47,249
for diagnostic and treatment services on behalf of medically 47,250
handicapped children, as defined in division (A) of section 47,251
3701.022 of the Revised Code, and Ohio residents who are 47,252
twenty-one or more years of age and who are suffering from cystic 47,253
fibrosis.
Rabies Prevention 47,255
The foregoing appropriation item 440-624, Health Services 47,257
(Fund 5E1), shall be used for rabies prevention. 47,258
Medically Handicapped Children - County Assessments 47,261
The foregoing appropriation item 440-607, Medically 47,263
Handicapped Children - County Assessments (Fund 666), shall be 47,264
1046
used to make payments pursuant to division (E) of section 47,265
3701.023 of the Revised Code. 47,266
Cash Transfer from Liquor Control Fund to Alcohol Testing 47,268
and Permit Fund 47,269
The Director of Budget and Management, pursuant to a plan 47,271
submitted by the Department of Health, or as otherwise determined 47,273
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 47,275
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 47,276
needs of the Alcohol Testing and Permit program. 47,277
The Director of Budget and Management shall transfer to the 47,279
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 47,280
Control Fund (Fund 043) established in section 4301.12 of the 47,281
Revised Code such amounts at such times as determined by the 47,282
transfer schedule.
Indigent Persons Care Study 47,284
Before December 31, 1999, the Department of Health shall 47,286
submit a report to the Governor, the Speaker of the House of 47,287
Representatives, the President of the Senate, the Minority Leader 47,288
of the House of Representatives, the Minority Leader of the 47,289
Senate, the Legislative Budget Office of the Legislative Service 47,290
Commission, and the Office of Budget and Management. The report 47,291
shall include findings based on the data collected between July 47,292
1, 1997, and June 30, 1999, regarding the number of indigent 47,293
persons involved in motor vehicle accidents, the cost of the 47,294
indigent persons' medical care, and how the care was paid for. 47,295
Section 52. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 47,297
General Revenue Fund 47,299
GRF 148-100 Personal Services $ 173,950 $ 178,125 47,304
GRF 148-200 Maintenance $ 37,422 $ 38,320 47,308
TOTAL GRF General Revenue Fund $ 211,372 $ 216,445 47,311
General Services Fund Group 47,313
601 148-602 Gifts and 47,316
Miscellaneous $ 8,107 $ 8,302 47,318
1047
TOTAL GSF General Services 47,319
Fund Group $ 8,107 $ 8,302 47,322
TOTAL ALL BUDGET FUND GROUPS $ 219,479 $ 224,747 47,325
Resource Utilization Study 47,328
The Commission on Hispanic/Latino Affairs shall explore 47,330
with the University of Toledo, or any other state university or 47,331
college, better options for utilizing the state resources 47,332
provided to the commission. The commission shall submit a report 47,333
of its findings to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader 47,334
of the House of Representatives, and the Minority Leader of the 47,335
Senate by December 31, 2000. 47,336
Section 53. OHS OHIO HISTORICAL SOCIETY 47,338
General Revenue Fund 47,340
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 47,345
GRF 360-502 Site Operations $ 7,713,699 $ 7,406,284 47,349
GRF 360-503 Ohio Bicentennial 47,351
Commission $ 1,146,155 $ 1,108,063 47,353
GRF 360-504 Ohio Preservation 47,355
Office $ 418,507 $ 426,824 47,357
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 47,361
GRF 360-506 Hayes Presidential 47,363
Center $ 751,229 $ 769,258 47,365
GRF 360-508 Historical Grants $ 2,910,000 $ 600,000 47,369
GRF 360-509 Adena Visitor Center 47,371
and Grounds $ 1,200,000 $ 0 47,373
GRF 360-511 Battle Flags 47,374
Restoration $ 125,000 $ 125,000 47,376
TOTAL GRF General Revenue Fund $ 19,250,139 $ 15,540,630 47,379
TOTAL ALL BUDGET FUND GROUPS $ 19,250,139 $ 15,540,630 47,382
Subsidy Appropriation 47,385
Upon approval by the Director of Budget and Management, the 47,387
foregoing appropriation items shall be released to the Ohio 47,388
Historical Society in quarterly amounts that in total do not 47,389
1048
exceed the annual appropriations. The funds and fiscal records 47,390
of the society for fiscal years 2000 and 2001 shall be examined 47,391
by independent certified public accountants approved by the 47,392
Auditor of State, and a copy of the audited financial statements 47,393
shall be filed with the Office of Budget and Management. The 47,394
society shall prepare and submit to the Office of Budget and 47,396
Management the following:
(A) An estimated operating budget for each fiscal year of 47,398
the biennium. The operating budget shall be submitted at or near 47,399
the beginning of each year. 47,400
(B) Financial reports, indicating actual receipts and 47,402
expenditures for the fiscal year to date. These reports shall be 47,403
filed at least semiannually during the fiscal biennium. 47,404
The foregoing appropriations shall be considered to be the 47,406
contractual consideration provided by the state to support the 47,407
state's offer to contract with the Ohio Historical Society under 47,408
section 149.30 of the Revised Code. 47,409
Study to Determine Digitizing Costs 47,411
The Ohio Historical Society shall conduct a study to 47,413
determine the costs of digitizing the archives and library 47,414
records for internet access. The society shall report findings of 47,415
the study to the Governor and the General Assembly by December 47,416
31, 1999.
Site Operations 47,418
Of the foregoing appropriation item 360-502, Site 47,420
Operations, $150,000 in fiscal year 2000 shall be used for the 47,421
Neil Armstrong Museum and $231,000 in fiscal year 2000 shall be 47,422
used for the Piqua Historical Area.
Ohio Bicentennial Commission 47,424
Of the foregoing appropriation item 360-503, Ohio 47,426
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 47,427
used for the Newark Bicentennial, $25,000 in fiscal year 2000 47,428
shall be used for the Greenfield Bicentennial, $25,000 in fiscal 47,429
year 2000 shall be used for the Bethel Bicentennial, and $50,000 47,430
1049
in fiscal year 2000 shall be used for the Aurora Bicentennial.
Historical Grants 47,432
Of the foregoing appropriation item 360-508, Historical 47,434
Grants, $1,000,000 in fiscal year 2000 shall be distributed to 47,435
the Cleveland Museum of Art; $25,000 in each fiscal year shall be 47,436
used for Thurber House; $225,000 in each fiscal year shall be 47,437
used for the American Classical Music Hall of Fame and Museum;
$1,000,000 in fiscal year 2000 shall be distrubuted to the 47,438
Western Reserve Historical Society; $10,000 in fiscal yar 2000 47,439
shall be released to Historic Hopewell; $50,000 in fiscal year 47,440
2000 shall be used for the Noble County Historical Society; 47,441
$250,000 in each fiscal year shall be used for the Great Lakes 47,442
Historical Society/Maritime Museum; $100,000 in fiscal year 2000
shall be used for the Tallmadge Church State Memorial; $100,000 47,443
in each fiscal year shall be used for the Ohio & Erie Canal 47,444
Heritage Corridor project; $50,000 in fiscal year 2000 shall be 47,445
used for the Fountain Square Renovation in Cincinnati; and 47,446
$100,000 in fiscal year 2000 shall be used for the Hebrew Union 47,447
College Holocaust Records Studies Program.
Adena Visitor Center and Grounds 47,449
The foregoing appropriation item 360-509, Adena Visitor 47,451
Center and Grounds, shall be used toward the completion of a 47,452
visitor center and the repair, restoration, and renovation of 47,453
existing structures in preparation for Ohio's bicentennial 47,454
celebration.
Hayes Presidential Center 47,456
If a United States government agency, including, but not 47,458
limited to, the National Park Service, chooses to take over the 47,459
operations and/or maintenance of the Hayes Presidential Center, 47,460
in whole or in part, the Ohio Historical Society shall make 47,462
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 47,464
and/or maintenance.
Ohio Historical Society Review Committee 47,466
1050
(A) There is hereby created the Ohio Historical Society 47,468
Review Committee consisting of seven members. The Governor, the 47,469
Speaker of the House of Representatives, the President of the 47,470
Senate, and the minority leaders of the House and the Senate 47,471
shall each appoint one member. The President of the Ohio 47,472
Historical Society Board of Trustees, and another member of the 47,473
Ohio Historical Society Board shall also be members. 47,474
(1) All members shall serve without compensation. 47,476
(2) Four members shall constitute a quorum. 47,478
(3) The society's members shall include one representative 47,480
who is elected by the society and one who is appointed by the 47,481
Governor.
(4) The review committee shall select a chairperson from 47,483
among its members.
(B) The task of the review committee shall include, but is 47,485
not limited to, the formulation of financial alternatives 47,486
concerning future funding needs, a review of the appropriateness 47,487
of the statutory duties of the society, and a review of the 47,488
financial and governance relationship between the state and the
Ohio Historical Society. 47,489
(C) The review committee shall make recommendations to the 47,491
Governor, the House of Representatives, the Senate, and the Ohio 47,492
Historical Society by October 1, 2000, at which time the 47,494
committee shall be terminated.
(D) The review committee may enter into professional 47,496
services contracts to assist with their review. Such expenses, 47,497
and other expenses related to the activities of the review 47,498
committee, shall be paid from the foregoing appropriation item 47,500
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 47,501
Section 54. REP OHIO HOUSE OF REPRESENTATIVES 47,503
General Revenue Fund 47,505
GRF 025-321 Operating Expenses $ 17,989,966 $ 17,989,966 47,510
TOTAL GRF General Revenue Fund $ 17,989,966 $ 17,989,966 47,513
1051
General Services Fund Group 47,516
103 025-601 House Reimbursement $ 1,287,500 $ 1,287,500 47,521
4A4 025-602 Miscellaneous Sales $ 33,990 $ 33,990 47,525
TOTAL GSF General Services 47,526
Fund Group $ 1,321,490 $ 1,321,490 47,529
TOTAL ALL BUDGET FUND GROUPS $ 19,311,456 $ 19,311,456 47,532
Section 55. HUM DEPARTMENT OF HUMAN SERVICES 47,535
General Revenue Fund 47,537
GRF 400-100 Personal Services 47,540
State $ 35,596,987 $ 0 47,544
Federal $ 16,903,068 $ 0 47,548
Personal Services 47,550
Total $ 52,500,055 $ 0 47,552
GRF 400-200 Maintenance 47,554
State $ 17,044,633 $ 0 47,558
Federal $ 7,409,647 $ 0 47,562
Maintenance Total $ 24,454,280 $ 0 47,566
GRF 400-300 Equipment 47,568
State $ 925,465 $ 0 47,572
Federal $ 406,522 $ 0 47,576
Equipment Total $ 1,331,987 $ 0 47,580
GRF 400-402 Electronic Benefits 47,582
Transfer (EBT)
State $ 7,260,457 $ 0 47,586
Federal $ 7,260,458 $ 0 47,590
EBT Total $ 14,521,095 $ 0 47,594
GRF 400-405 Family Violence 47,596
Prevention Programs $ 812,274 $ 0 47,598
GRF 400-408 Child & Family 47,600
Services Activities $ 3,104,606 $ 0 47,602
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 47,606
GRF 400-410 TANF State $ 261,857,133 $ 0 47,610
GRF 400-411 TANF Federal Block 47,612
Grant $ 417,200,000 $ 0 47,614
1052
GRF 400-413 Day Care Match/Maint. 47,616
of Effort $ 76,454,292 $ 0 47,618
GRF 400-416 Computer Projects 47,620
State $ 69,280,200 $ 0 47,624
Federal $ 29,719,800 $ 0 47,628
Computer Projects 47,630
Total $ 99,000,000 $ 0 47,632
GRF 400-420 Child Support 47,634
Administration $ 7,125,822 $ 0 47,636
GRF 400-426 Children's Health 47,638
Insurance Program
State $ 2,104,086 $ 0 47,642
Federal $ 4,656,614 $ 0 47,646
Children's Health 47,648
Insurance Program
Total $ 6,760,700 $ 0 47,650
GRF 400-502 Child Support Match $ 20,207,796 $ 0 47,654
GRF 400-504 Non-TANF County 47,656
Administration $ 76,017,940 $ 0 47,658
GRF 400-511 Disability Assistance $ 52,400,000 $ 0 47,662
GRF 400-512 Non-TANF Emergency 47,664
Assistance $ 4,200,000 $ 0 47,666
GRF 400-522 Burial Claims $ 1,338,062 $ 0 47,670
GRF 400-525 Health Care/Medicaid 47,672
State $2,286,724,346 $ 0 47,676
Federal $3,220,800,570 $ 0 47,680
Health Care/Medicaid 47,682
Total $5,507,524,916 $ 0 47,684
GRF 400-527 Child Protective 47,686
Services $ 54,808,735 $ 0 47,688
GRF 400-528 Adoption Services 47,690
State $ 27,253,334 $ 0 47,694
Federal $ 25,996,634 $ 0 47,698
1053
Adoption Services 47,700
Total $ 53,249,968 $ 0 47,702
GRF 400-534 Adult Protective 47,704
Services $ 3,031,340 $ 0 47,706
GRF 400-552 County Social 47,708
Services $ 12,072,886 $ 0 47,710
TOTAL GRF General Revenue Fund 47,711
State $2,798,189,999 $ 0 47,715
Federal $3,966,121,403 $ 0 47,719
GRF Total $6,764,311,402 $ 0 47,723
General Services Fund Group 47,726
4A8 400-658 Child Support 47,729
Collections $ 42,751,619 $ 0 47,731
4R4 400-665 BCII Service Fees $ 110,119 $ 0 47,735
5C9 400-671 Medicaid Program 47,737
Support $ 83,135,065 $ 0 47,739
613 400-645 Training Activities $ 75,000 $ 0 47,743
TOTAL GSF General Services 47,744
Fund Group $ 126,071,803 $ 0 47,747
Federal Special Revenue Fund Group 47,750
3A2 400-641 Emergency Food 47,753
Distribution $ 1,499,480 $ 0 47,755
3D3 400-648 Children's Trust Fund 47,757
Federal $ 1,475,393 $ 0 47,759
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 47,763
3F0 400-650 Hospital Care 47,765
Assurance Match $ 319,566,075 $ 0 47,767
3G5 400-655 Interagency 47,769
Reimbursement $ 775,423,674 $ 0 47,771
3G9 400-657 Special Activities 47,773
Family Assistance $ 333,882 $ 0 47,775
3H7 400-617 Day Care Federal $ 137,857,760 $ 0 47,779
3N0 400-628 IV-E Foster Care 47,781
Maintenance/Pass 47,782
1054
Through $ 162,844,023 $ 0 47,784
3S5 400-622 Child Support 47,786
Projects $ 534,050 $ 0 47,788
316 400-602 State and Local 47,790
Training $ 6,770,894 $ 0 47,792
327 400-606 Child Welfare $ 29,007,597 $ 0 47,796
384 400-610 Food Stamps and State 47,798
Administration $ 141,595,547 $ 0 47,800
385 400-614 Foreign Refugees $ 7,309,725 $ 0 47,804
395 400-616 Special 47,806
Activities/Child and
Family Services $ 4,418,844 $ 0 47,808
396 400-620 Social Services Block 47,810
Grant $ 73,947,634 $ 0 47,812
397 400-626 Child Support $ 216,456,690 $ 0 47,816
398 400-627 Adoption Maintenance/ 47,818
Administration $ 204,774,490 $ 0 47,821
TOTAL FED Federal Special Revenue 47,822
Fund Group $2,301,901,550 $ 0 47,825
State Special Revenue Fund Group 47,828
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 47,833
4E3 400-605 Nursing Home 47,835
Assessments $ 92,910 $ 0 47,837
4E7 400-604 Child and Family 47,839
Services Collections $ 138,780 $ 0 47,841
4F1 400-609 Foundation 47,843
Grants/Child and
Family Services $ 1,383,822 $ 0 47,845
4J5 400-613 Nursing Facility Bed 47,847
Assessments $ 32,319,125 $ 0 47,849
4J5 400-618 Residential State 47,851
Supplement Payments $ 14,112,907 $ 0 47,853
4K1 400-621 ICF MR Bed 47,855
Assessments $ 21,323,562 $ 0 47,857
1055
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 47,861
4V2 400-612 Child Support 47,863
Activities $ 124,993 $ 0 47,865
5E3 400-633 EBT Contracted 47,866
Services $ 1,000,000 $ 0 47,868
5E4 400-615 Private Child Care 47,870
Agencies Training $ 10,280 $ 0 47,872
6A7 400-656 Ford Foundation $ 61,680 $ 0 47,876
600 400-603 Third-Party 47,878
Recoveries $ 10,370,063 $ 0 47,880
651 400-649 Hospital Care 47,882
Assurance Program $ 228,951,047 $ 0 47,884
TOTAL SSR State Special Revenue 47,885
Fund Group $ 314,056,333 $ 0 47,888
Agency Fund Group 47,891
192 400-646 Support Intercept - 47,894
Federal $ 68,354,979 $ 0 47,896
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 47,900
583 400-642 Support 47,902
Intercept-State $ 14,458,021 $ 0 47,904
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 47,907
Holding Account Redistribution Fund Group 47,910
R12 400-643 Refunds and Audit 47,913
Settlements $ 200,000 $ 0 47,915
R13 400-644 Forgery Collections $ 700,000 $ 0 47,919
TOTAL 090 Holding Account 47,920
Redistribution
Fund Group $ 900,000 $ 0 47,923
TOTAL ALL BUDGET FUND GROUPS $9,595,677,088 $ 0 47,926
Section 55.01. Family Violence Prevention 47,929
The foregoing appropriation item 400-405, Family Violence 47,931
Prevention Programs, may be used to provide grants for county and 47,932
local family violence prevention community education initiatives, 47,933
and to provide funding for domestic violence shelters that the 47,934
1056
Department of Human Services determines are exclusively for 47,936
victims of domestic violence.
Section 55.02. Health Care/Medicaid 47,938
The foregoing appropriation item 400-525, Health 47,940
Care/Medicaid, shall not be limited by the provisions of section 47,941
131.33 of the Revised Code. 47,942
Section 55.03. Medicaid Eligibility Simplifications 47,944
(A) The Department of Human Services may implement a 47,946
series of initiatives designed to simplify eligibility 47,947
determination procedures in the Medicaid program. The 47,948
initiatives may be designed to do the following: 47,949
(1) Reduce the complexity of the processes used in 47,951
applying for benefits and in making eligibility determinations, 47,952
including redeterminations of eligibility; 47,953
(2) Create and promote consistency from county to county 47,955
with regard to the Medicaid application and eligibility 47,956
determination processes; 47,957
(3) Coordinate, where possible, the Medicaid application 47,959
and eligibility determination processes with other health and 47,960
human services programs; 47,961
(4) Provide information to the public regarding the 47,963
opportunity to receive Medicaid benefits and how to apply for 47,964
them.
(B) During state fiscal year 2000, the Department of Human 47,966
Services may work with a targeted group of county departments of 47,967
human services in developing and testing the initiatives to 47,968
determine which initiatives would be best for implementation 47,969
statewide. The department may work with the county departments 47,970
from the following counties: Butler, Clermont, Cuyahoga, 47,971
Franklin, Hamilton, Hocking, Warren, and any other counties 47,972
selected by the department. During state fiscal year 2001, the 47,973
department may promote the initiatives that were determined to be 47,975
best for statewide implementation.
County Outreach Plans 47,977
1057
The Department of Human Services may allow for the 47,979
pass-through of federal nonenhanced Medicaid administrative 47,980
matching funds to county departments of human services that 47,981
submit Medicaid outreach plans that meet the requirements of this 47,982
section.
(A) The Department of Human Services may approve only 47,984
those plans that: 47,985
(1) Incorporate methods that the department has determined 47,987
will be effective in increasing the enrollment of eligible 47,988
individuals in Medicaid;
(2) Provide sufficient local match to meet the nonfederal 47,990
share of the county plan; 47,991
(3) Comply with the laws of this state and federal 47,993
regulations.
(B) The total amount passed through under this section 47,995
shall not exceed $4,000,000 in fiscal year 2000 and $4,000,000 in 47,996
fiscal year 2001. 47,997
(C) In the event that changes occur in the requirements 47,999
for federal funding for Medicaid administration or outreach, 48,000
including changes in continuation of the enhanced Medicaid 48,001
outreach funds through the Personal Responsibility and Work 48,002
Opportunity Reconciliation Act of 1996 beyond federal fiscal year 48,003
1999, the Department of Human Services may terminate the 48,004
pass-through of federal funds authorized by this section. 48,005
Section 55.04. Community Based Providers 48,007
From the foregoing appropriation item 400-525, Health 48,009
Care/Medicaid, $34,600,000 in fiscal year 2000 shall be used to 48,010
increase reimbursements in accordance with division (B) of 48,011
section 5111.025 of the Revised Code.
Section 55.05. Disability Assistance 48,013
The following schedule shall be used to determine monthly 48,015
grant levels in the Disability Assistance Program effective July 48,016
1, 1999. 48,017
Persons in 48,019
1058
Assistance Group Monthly Grant 48,020
1 $115 48,023
2 159 48,024
3 193 48,025
4 225 48,026
5 251 48,027
6 281 48,028
7 312 48,029
8 361 48,030
9 394 48,031
10 426 48,032
11 458 48,033
12 490 48,034
13 522 48,035
14 554 48,036
For each additional person add 40 48,039
TANF Federal Funds 48,042
Upon the request of the Department of Human Services, the 48,044
Controlling Board may increase appropriations in appropriation 48,046
item 400-411, TANF Federal Block Grant, provided sufficient 48,047
Federal TANF block grant funds exist to do so, without any 48,048
corresponding decrease in other appropriation items. The 48,050
department shall first provide the Office of Budget and
Management with documentation to support the need for the 48,051
increased appropriation.
All transfers of moneys from or charges against TANF 48,053
Federal Block Grant awards for use in the Social Services Block 48,054
Grant or the Child Care Development Block Grant from either 48,055
unobligated prior year appropriation authority in item 400-411, 48,056
or from FY 2000 appropriation authority in item 400-411, that 48,057
meet or exceed the Controlling Board thresholds as defined in
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 48,058
Code, shall be done only with the approval of the Controlling 48,059
Board. The Department of Human Services shall first provide the 48,060
1059
Office of Budget and Management with documentation to support the 48,061
need for such transfers or charges for use in the Social Services 48,062
Block Grant or in the Child Care Development Block Grant. 48,063
TANF County Incentives 48,065
Of the foregoing appropriation item 400-411, TANF Federal 48,067
Block Grant, the Department of Human Services may provide 48,069
financial incentives to those county departments of human 48,070
services that have exceeded performance standards adopted by the 48,071
state department, and where the board of county commissioners has 48,072
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 48,073
of the county department. Any financial incentive funds provided 48,074
pursuant to this division shall be used by the county department 48,075
for additional or enhanced services for families eligible for 48,076
assistance under Chapter 5107. or 5108. of the Revised Code or, 48,078
upon request by the county and approval by the Department of
Human Services, be transferred to the Child Care Development Fund 48,079
or the Social Services Block Grant. The county departments of 48,080
human services may retain and expend such funds without regard to 48,082
the state or county fiscal year in which the financial incentives 48,083
were earned or paid. Each county department of human services 48,084
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 48,085
these financial incentives and an evaluation of the effectiveness 48,086
of the county department's use of these funds in achieving 48,087
self-sufficiency for families eligible for assistance under 48,088
Chapter 5107. or 5108. of the Revised Code.
Hamilton Health Care Center 48,090
In fiscal year 2000, the Director of Human Services shall 48,092
provide $100,000 from appropriation item 400-410, TANF State, to 48,093
the Butler County department of human services for the purpose of 48,094
contracting with the Hamilton Health Care Center to provide 48,095
health care services for children or their families who reside in 48,096
Butler County whose income is at or below 200 per cent of the 48,097
1060
official income poverty guideline. The Butler County department 48,098
of human services and the Hamilton Health Care Center shall agree 48,099
on reporting requirements to be incorporated into the contract. 48,100
As used in this section, "poverty guideline" means the 48,102
official proverty guideline as revised annually by the United 48,103
States Secretary of Health and Human Services in accordance with 48,104
section 673 of the "Community Services Block Grant Act," 95 Stat. 48,105
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 48,107
to the size of the family of the person whose income is being
determined. 48,108
Alcohol and Drug Addiction Services Transfer 48,110
From the foregoing appropriation item 400-410, TANF State, 48,112
no later than 30 days after the effective date of this section, 48,113
the Director of Budget and Management shall transfer $1,500,000 48,114
in appropriation authority to appropriation item 038-401, Alcohol 48,115
and Drug Addiction Services, and $123,864 in appropriation 48,116
authority to appropriation item 038-404, Prevention Services, in 48,117
the Department of Alcohol and Drug Addiction Services. Of the 48,119
amounts transferred, $1,500,000 in appropriation authority shall 48,120
be used to provide substance abuse prevention and treatment 48,121
services to children, or their families, whose income is at or 48,122
below 200 per cent of the official income poverty guideline. The 48,123
remaining $123,864 in transferred appropriation authority shall 48,124
be used to fund adolescent youth mentoring programs for children 48,125
or their families whose income is at or below 200 per cent of the 48,126
official income poverty guideline. The Director of Alcohol and 48,127
Drug Addiction Services and the Director of Human Services shall 48,129
develop operating and reporting guidelines for these programs. 48,130
Individual Development Accounts 48,132
From the foregoing appropriation items 400-410, TANF State, 48,134
or 400-411, TANF Federal Block Grant, or in combination of both, 48,135
up to $2,000,000 in fiscal year 2000 shall be used to allow 48,137
county departments of human services to make matching
contributions to Individual Development Accounts that have been 48,138
1061
established by residents of the county. 48,139
Human Services Personal Care Assistance 48,141
In fiscal year 2000, the Director of Human Services shall 48,143
provide $240,000 from appropriation item 400-410, TANF State to 48,144
be divided between the county departments of human services of 48,145
Cuyahoga County and Franklin County to contract with the 48,146
Rehabilitation Services Commission to place up to 25
TANF-eligible persons into jobs as personal care assistants. The 48,148
county departments of human services in Cuyahoga County and 48,149
Franklin County and the Rehabilitation Services Commission shall 48,150
agree on reporting requirements to be incorporated into the
contract.
TANF Family Planning 48,152
The Director of Budget and Management shall transfer, no 48,154
later than 15 days after the effective date of this section, 48,155
$250,000 in fiscal year 2000 from appropriation item 400-410, 48,156
TANF State, or 400-411, TANF Federal Block Grant, or both, to 48,157
440-416, Child and Family Health Services, to be used for family
planning services. 48,158
Ohio Association of Second Harvest Food Banks 48,160
The Department of Human Services may use up to $2,500,000 48,162
in fiscal year 2000 of the funds transferred from the Temporary 48,163
Assistance to Needy Families Block Grant to the Social Services 48,164
Block Grant to support expenditures to Ohio Association of Second 48,165
Harvest Food Banks pursuant to the following criteria.
As used in this section, "proverty guideline" means the 48,167
official poverty guideline as revised annually by the United 48,168
States Secretary of Health and Human Services in accordance with 48,169
section 673 of the "Community Services Block Grant Act," 95 Stat. 48,170
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 48,172
to the size of the family of the person whose income is being
determined. 48,173
The Department of Human Services shall provide an annual 48,175
grant of $2,500,000 in fiscal year 2000 to the Ohio Association 48,176
1062
of Second Harvest Food Banks. In fiscal year 2000, the Ohio 48,177
Association of Second Harvest Food Banks shall use $1,500,000 for 48,178
the purchase of food products for the Ohio Food Program of which 48,179
up to $105,000 may be used for food storage and transport and
shall use $1,000,000 for the Agricultural Surplus Production 48,180
Alliance Project. Funds provided for the Ohio Food Program shall 48,181
be used to purchase food products and distribute those food 48,182
products to agencies participating in the emergency food
distribution program. No funds provided through this grant may 48,183
be used for administrative expenses other than funds provided for 48,184
food storage and transport. As soon as possible after entering 48,185
into a grant agreement at the beginning of the fiscal year, the 48,186
Department of Human Services shall distribute the grant funds in 48,187
one single payment. The Ohio Association of Second Harvest Food 48,188
Banks shall develop a plan for the distribution of the food 48,189
products to local food distribution agencies. Agencies receiving
these food products shall ensure that individuals and families 48,190
who receive any of the food products purchased with these funds 48,191
have an income at or below 150 per cent of the poverty guideline. 48,192
The Department of Human Services and the Ohio Association of 48,193
Second Harvest Food Banks shall agree on reporting requiremens to 48,194
be incorporated into the grant agreement.
Any fiscal year 2000 funds from this grant remaining 48,196
unspent on June 30, 2000, shall be returned by the Ohio 48,197
Association of Second Harvest Food Banks to the Department of 48,198
Human Services no later than November 1, 2000.
Computer Related Services 48,200
The Department of Human Services may use up to $20,000,000 48,202
in state fiscal year 2000 of the funds transferred from the 48,203
Temporary Assistance to Needy Families to the Social Service 48,204
Block Grant to support computer related expenditures for services 48,205
that benefit the County Department of Human Services. 48,206
Additional Maintenance of Effort and Matching Funding for 48,208
the Child Care Development Fund 48,209
1063
The Department of Human Services may transfer sufficient 48,211
moneys from the Temporary Assistance to Needy Families Block 48,212
Grant to the Social Service Block Grant to support matching and 48,213
maintenance of effort requirements of the Child Care Development 48,214
Fund in order to match all funds for which Ohio is eligible.
Additional Funding for the AdoptOhio Program 48,216
The Department of Human Services may use up to $1,495,395 48,218
in state fiscal year 2000 of the funds transferred from the 48,219
Temporary Assistance to Needy Famnilies Block Grant to the Social 48,220
Service Block Grant to support expenditures for AdoptOhio if the 48,221
existing appropriations in 400-408 is not sufficient to support 48,222
the program.
Inner City Youth Opportunities Program 48,224
In fiscal year 2000, the Director of Human Services shall 48,226
provide $75,000 from appropriation item 400-410, TANF State, to 48,227
the Hamilton County department of human services to contract with 48,228
the Inner City Youth Opportunities organization of Cincinnati for 48,229
the purpose of providing allowable services to TANF-eligible 48,230
individuals. The Hamilton County department of human services 48,231
and Inner City Youth Opportunities shall agree on reporting 48,232
requirements to be incorporated into the contract.
TANF Fatherhood Programs 48,234
From the foregoing appropriation item 400-411, TANF Federal 48,236
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 48,237
to support local fatherhood programs. Of the foregoing 48,238
$5,000,000, $300,000 in fiscal year 2000 shall be used to 48,239
establish and operate a Fatherhood Commission. Of the foregoing
$5,000,000, $310,000 in fiscal year 2000 shall be used to support 48,240
the Center for Families and Children in Cleveland. 48,241
TANF Adult Literacy and Child Reading Programs 48,243
From the foregoing appropriation item 400-411, TANF Federal 48,245
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 48,246
to support local adult literacy and child reading programs. 48,247
Transfer for Child Nutrition Services 48,249
1064
No later than 30 days after the effective date of this 48,251
section, the Director of Budget and Management shall transfer 48,253
$2,500,000 in appropriation authority from appropriation item 48,254
400-411, TANF Federal Block Grant, in the Department of Human 48,256
Services, to State Special Revenue Fund, 5B1, Child Nutrition
Services, in the Department of Education. The amount transferred 48,257
shall be used by the Department of Education to support 19 pilot 48,258
programs to provide nutritional benefits to older children 48,259
enrolled in educational or enrichment activities. Such 48,260
transferred amounts shall not be used as matching funds. The
Director of Human Services and the Superintendent of Public 48,261
Instruction shall develop reporting guidelines on the use of 48,262
these moneys. The Department of Education shall assure that 48,263
children receiving these benefits meet TANF eligibility criteria. 48,264
Any fiscal year 2000 moneys from this transfer remaining unspent
on June 30, 2000, shall be transferred by the Director of Budget 48,265
and Management no later than August 1, 2000, to appropriation 48,267
item 600-411, TANF Federal Block Grant, in the Department of Job 48,269
and Family Services.
Cincinnati YWCA GED and Child Care Programs 48,271
In fiscal year 2000, the Director of Human Services shall 48,273
provide $65,000 from appropriation item 400-410, TANF State, to 48,274
the Hamilton County department of human services to contract with 48,275
the YWCA of Greater Cincinnati for the purpose of providing a 48,276
General Educational Development (GED) program to TANF-eligible 48,277
individuals, and child care to individuals enrolled in the GED 48,278
program. The Hamilton County department of human services and
the YWCA of Greater Cincinnati shall agree on reporting 48,279
requirements to be incorporated into the contract. 48,280
Single Allocation for County Departments of Human Services 48,282
Using the foregoing appropriation items 400-504, Non-TANF 48,284
County Administration; 400-610, Food Stamps and State 48,285
Administration; 400-410, TANF State; 400-411, TANF Federal Block 48,287
Grant; 400-620, Social Services Block Grant; 400-552, County 48,288
1065
Social Services; 400-413, Day Care Match/Maintenance of Effort; 48,289
400-617, Day Care Federal; 400-534, Adult Protective Services; 48,290
and 400-614, Foreign Refugees, the Department of Human Services 48,291
may establish a single allocation for county departments of human 48,292
services that are subject to a partnership agreement between a 48,293
board of county commissioners and the department. The county 48,294
department is not required to use all the money from one or more 48,295
of the foregoing appropriations items listed in this paragraph 48,296
for the purpose for which the specific appropriation item is made 48,297
so long as the county department uses the money for a purpose for 48,298
which at least one of the other of those foregoing appropriation 48,299
items is made. The county department may not use the money in 48,300
the allocation for a purpose other than a purpose for which any 48,301
of those foregoing appropriation items are made. If the spending 48,302
estimates used in establishing the single allocation are not 48,303
realized and the county department uses money in one or more of 48,304
those foregoing appropriation items in a manner for which federal 48,305
financial participation is not available, the department shall 48,306
use state funds available in one or more of those foregoing 48,307
appropriation items to ensure that the county department receives 48,308
the full amount of its allocation. The single allocation is the 48,309
maximum amount the county department will receive from those 48,310
foregoing appropriation items. 48,311
Reports on Interagency Transfers 48,313
With regard to the foregoing appropriation item 400-655, 48,315
Interagency Reimbursement, the Department of Human Services shall 48,316
provide the Legislative Budget Office of the Legislative Service 48,317
Commission with a report each month that details interagency 48,319
transfers through the appropriation item. The reports shall 48,320
break down transfers by agency and appropriation item to which 48,321
transfers are made. Transfers shall further be broken down by 48,322
source of federal funds, including federal program number (as
shown in the Catalog of Federal Domestic Assistance), grant 48,323
number, and department reporting category number. In addition, 48,324
1066
transfers of Medicaid dollars shall be grouped between 48,325
reimbursement for services and administrative costs. Reports 48,326
shall be provided to the Legislative Budget Office of the 48,327
Legislative Service Commission within two weeks after the end of 48,329
the month.
Section 55.06. Hospital Care Assurance Match 48,331
Appropriation item 400-650, Hospital Care Assurance Match, 48,334
shall be used by the Department of Human Services to receive and 48,335
distribute funds in connection with the Hospital Care Assurance 48,336
Program.
Section 55.07. Transfer of Funds 48,338
The Department of Human Services shall transfer, through 48,340
intrastate transfer vouchers, cash from State Special Revenue 48,341
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 48,342
Community-Based Services, in the Department of Mental Retardation 48,343
and Developmental Disabilities. The sum of the transfers shall 48,344
be equal to the amounts appropriated in fiscal year 2000 in 48,345
appropriation item 322-604, Waiver - Match. The transfer may 48,347
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 48,348
The Department of Human Services shall transfer, through 48,350
intrastate transfer vouchers, cash from the State Special Revenue 48,351
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 48,352
4J4, PASSPORT, in the Department of Aging. The sum of the 48,353
transfers shall be equal to the amount appropriated in fiscal 48,354
year 2000 in appropriation item 490-610, PASSPORT/Residential 48,357
State Supplement. The transfer may occur on a quarterly basis or 48,358
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 48,360
The Department of Human Services shall transfer, through 48,362
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 48,363
Program Support, to the Department of Mental Health's Fund 4X5, 48,364
OhioCare, in accordance with an interagency agreement that 48,366
delegates authority from the Department of Human Services to the
1067
Department of Mental Health to administer specified Medicaid 48,367
services.
The Director of Budget and Management shall transfer cash 48,369
from the Department of Human Services Fund 5C9, Medicaid Program 48,371
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 48,372
Transfer from the Children's Trust Fund to the Wellness 48,374
Block Grant Fund
Within 90 days after the effective date of this section, 48,376
the Director of Budget and Management shall transfer $1,000,000 48,378
in fiscal year 2000 from Fund 198, Children's Trust Fund, to Fund 48,379
4N7, Wellness Block Grant, within the Department of Human 48,380
Services' budget.
Foster Care Liability Coverage 48,382
On behalf of public children services agencies and in 48,384
consultation with the Department of Insurance and the Office of 48,385
State Purchasing, the Department of Human Services may seek and 48,386
accept proposals for a uniform and statewide insurance policy to 48,387
indemnify foster parents for personal injury and property damage 48,388
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 48,389
children services agency that agrees to purchase the insurance 48,390
policy.
Protective Services Incentive Funding 48,392
Notwithstanding the formula in section 5101.14 of the 48,394
Revised Code, from the foregoing appropriation item 400-527, 48,395
Child Protective Services, the Department of Human Services may 48,397
use no more than $2,400,000 in fiscal year 2000 as incentive 48,398
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 48,399
delivery to and assist public children service agencies in 48,400
complying with federal reporting requirements. Of this amount, 48,402
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 48,403
1068
Department of Human Services shall develop a process for the 48,404
release of these funds and may adopt rules in accordance with 48,405
section 111.15 of the Revised Code governing the distribution, 48,406
release, and use of these funds.
Statewide Automated Child Welfare Information System 48,408
Of the foregoing appropriation item 400-416, Computer 48,409
Projects, in fiscal year 2000, $10,000,000 shall be used for the 48,410
development and implementation of the Statewide Automated Child 48,411
Welfare Information System (SACWIS). 48,412
Day Care/Head Start Collaborations 48,414
The Department of Human Services and the county departments 48,416
of human services shall work to develop collaborative efforts 48,417
between Head Start and child care providers. The Department of 48,418
Human Services may use the foregoing appropriation items 400-413, 48,420
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 48,421
child day care centers. 48,422
Four C's Comprehensive Community Child Care Program 48,424
Of the foregoing appropriation item 400-413, Day Care 48,426
Match/Maintenance of Effort, $25,000 in fiscal year 2000 shall be 48,427
used to support the Four C's Comprehensive Community Child Care 48,428
Program Center.
Adoption Assistance 48,430
Of the foregoing appropriation item 400-528, Adoption 48,433
Services State, at least $3,700,000 in fiscal year 2000 shall be 48,434
used in support of post finalization adoption services offered 48,435
pursuant to section 5153.163 of the Revised Code. The Department 48,437
of Human Services shall adopt rules and procedures pursuant to 48,438
section 111.15 of the Revised Code to set payment levels and 48,439
limit eligibility for post finalization adoption services as 48,440
necessary to limit program expenditures to the amounts set forth 48,441
in this section, based on factors including, but not limited to, 48,442
any or all of the following: type, or extent, of the adopted 48,443
child's disability or special need; and resources available to 48,444
1069
the adoptive family to meet the child's service needs. 48,445
Adoption Connection of Cincinnati 48,447
Of the foregoing appropriation item 400-528, Adoption 48,449
Services, $42,000 is earmarked in FY 2000 to support the Adoption 48,450
Connection of Cincinnati.
Child Support Collections/TANF MOE 48,452
The foregoing appropriation item 400-658, Child Support 48,454
Collections, shall be used by the Department of Human Services to 48,455
meet the TANF Maintenance of Effort requirements of Pub. L. No. 48,456
104-193. After the state has met the maintenance of effort 48,457
requirement, the Department of Human Services may use funds from 48,458
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 48,459
Private Child Care Agencies Training 48,461
The foregoing appropriation item 400-615, Private Child 48,463
Care Agencies Training, shall be used by the Department of Human 48,464
Services to provide the state match for federal Title IV-E 48,465
training dollars for private child placing agencies and private 48,466
noncustodial agencies. Revenues shall consist of moneys derived 48,467
from fees established under section 5101.143 of the Revised Code 48,468
and paid by private child placing agencies and private 48,469
noncustodial agencies.
Child Care Quality Improvement 48,471
A portion of the foregoing appropriation item 400-620, 48,473
Social Services Block Grant, shall be made available to county 48,474
departments of human services to fund the improvement of the 48,475
quality of publicly funded child care and access to publicly 48,476
funded child care, including, but not limited to, recruitment,
training, mentoring, and oversight of child care providers or 48,477
in-home providers. The Department of Human Services may transfer 48,478
funds from the foregoing appropriation item 400-411, TANF Federal 48,479
Block Grant, to 400-620, Social Services Block Grant, as needed 48,480
to cover such expenditures.
Transfer for Lead Assessments 48,482
1070
Of the foregoing appropriation item 400-525, Health 48,484
Care/Medicaid, the Department of Human Services may transfer 48,485
funds from the General Revenue Fund to the General Operations 48,486
Fund (Fund 142) of the Department of Health. Transfer of the 48,487
funds shall be made through intrastate transfer voucher pursuant 48,488
to an interagency agreement for the purpose of performing
environmental lead assessments in the homes of Medicaid 48,489
Healthcheck recipients.
Childhood Lead Poisoning Prevention Program 48,491
Of the foregoing appropriation item 400-525, Health 48,493
Care/Medicaid, up to $250,000 over the biennium shall be used to 48,494
fund the harmonization of data on Medicaid eligible children in 48,495
the Department of Human Services and data on tested children in 48,496
the Department of Health. 48,497
Childhood Lead Poisoning Working Group 48,499
There is hereby created the Childhood Lead Poisoning 48,501
Working Group to work with the consultant on the implementation 48,502
of the data-sharing project, and to study and propose a state 48,503
plan to address lead poisoning treatment and control issues. The 48,504
Working Group shall consist of fourteen members, one of whom must 48,505
be a senator appointed by the President of the Senate, and one 48,506
member shall be a representative appointed by the Speaker of the 48,508
House of Representatives. The Working Group shall also consist
of two designees of the Director of each of the following 48,509
departments: Department of Human Services, Department of Health, 48,510
Department of Development, Ohio Environmental Protection Agency, 48,511
and the Department of Education. The Help End Lead Poisoning 48,512
Coalition shall appoint two members. The members of the Working 48,513
Group shall be appointed within thirty days of the effective date 48,514
of this section. 48,515
Not later than June 30, 2000, the Working Group shall 48,517
submit a report of its findings and recommendations to the 48,518
Speaker and Minority Leader of the House of Representatives and 48,519
the President and the Minority Leader of the Senate. The 48,520
1071
above-mentioned departments shall make staff available to the 48,521
Working Group.
Medicaid Program Support Fund - State 48,523
The foregoing appropriation item 400-671, Medicaid Program 48,525
Support, shall be used by the Department of Human Services to pay 48,526
for Medicaid services and contracts. 48,527
Holding Account Redistribution Group 48,529
The foregoing appropriation items 400-643 and 400-644, 48,531
Holding Account Redistribution Fund Group, shall be used to hold 48,532
revenues until they are directed to the appropriate accounts or 48,533
until they are refunded. If it is determined that additional 48,534
appropriation authority is necessary, such amounts are hereby 48,535
appropriated.
Agency Fund Group 48,537
The Agency Fund Group shall be used to hold revenues until 48,540
the appropriate fund is determined or until they are directed to 48,541
the appropriate governmental agency other than the Department of 48,543
Human Services. If it is determined that additional 48,544
appropriation authority is necessary, such amounts are hereby
appropriated. 48,545
Federal Special Revenue Fund Group 48,547
The foregoing appropriation items that appear in the 48,549
Department of Human Services' Federal Special Revenue Fund Group 48,550
shall be used to collect revenue from various sources and use the 48,551
revenue to support programs administered by the Department of 48,552
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 48,553
the Director of Budget and Management on forms prescribed by the 48,554
Controlling Board. If the Director agrees that the additional 48,555
appropriation authority is necessary in order to perform the 48,556
functions allowable in the appropriation item, then such amounts 48,557
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 48,558
the action taken.
1072
Section 55.08. Adoptive Placement Payments 48,560
The foregoing appropriation item 400-408, Child & Family 48,562
Services Activities, may be used to make payments pursuant to 48,563
agreements entered into under section 5103.12 of the Revised 48,564
Code. 48,565
Consolidation of State Grants 48,567
With the consent of a county, the Department of Human 48,569
Services may combine into a single and consolidated grant of 48,570
state aid, funds that would otherwise be provided to that county 48,571
pursuant to the operation of section 5101.14 of the Revised Code 48,572
and other funds that would otherwise be provided to that county 48,573
for the purpose of providing kinship care. 48,574
Funds contained in any such consolidation grant shall not 48,576
be subject to either statutory or administrative rules that would 48,577
otherwise govern allowable uses from such funds, except that such 48,579
funds shall continue to be used by the county to meet the
expenses of its children services program. Funds contained in 48,580
any consolidation grant shall be paid to each county within 48,581
thirty days after the beginning of each calendar quarter. Funds 48,582
provided to a county under this section shall be deposited in the 48,584
children services fund, established in section 5101.143 of the 48,585
Revised Code, and shall be used for no other purpose than to meet 48,586
the expenses of the children services program.
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL 48,588
General Revenue Fund 48,590
GRF 965-321 Operating Expenses $ 640,670 $ 636,253 48,595
TOTAL GRF General Revenue Fund $ 640,670 $ 636,253 48,598
State Special Revenue Fund Group 48,600
4Z3 965-602 Special 48,603
Investigations $ 100,000 $ 100,000 48,605
TOTAL SSR State Special Revenue $ 100,000 $ 100,000 48,608
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 740,670 $ 736,253 48,611
Of the foregoing appropriation item 965-602, Special 48,614
1073
Investigations, up to $100,000 in each fiscal year may be used 48,615
for investigative costs, pursuant to section 121.481 of the 48,616
Revised Code.
Section 57. INS DEPARTMENT OF INSURANCE 48,618
State Special Revenue Fund Group 48,620
554 820-601 Operating Expenses - 48,623
OSHIIP $ 733,707 $ 751,351 48,625
554 820-606 Operating Expenses $ 17,540,571 $ 17,771,394 48,629
555 820-605 Examination $ 6,147,608 $ 6,090,979 48,633
TOTAL SSR State Special Revenue 48,634
Fund Group $ 24,421,886 $ 24,613,724 48,637
TOTAL ALL BUDGET FUND GROUPS $ 24,421,886 $ 24,613,724 48,640
Market Conduct Examination 48,643
When conducting a market conduct examination of any insurer 48,645
doing business in this state, the Superintendent of Insurance may 48,646
assess the costs of such examination against the insurer. The 48,647
superintendent may enter into consent agreements to impose 48,648
administrative assessments or fines for conduct discovered that 48,649
may be violations of statutes or regulations administered by the 48,650
superintendent. All costs, assessments, or fines collected shall 48,651
be deposited to the credit of the Department of Insurance 48,652
Operating Fund (Fund 554). 48,653
Examinations of Domestic Fraternal Benefit Societies 48,655
The Superintendent of Insurance may transfer funds from the 48,657
Department of Insurance Operating Fund (Fund 554) established by 48,658
section 3901.021 of the Revised Code to the Superintendents 48,659
Examination Fund (Fund 555) established by section 3901.071 of 48,660
the Revised Code, only for the expenses incurred in examining 48,661
Domestic Fraternal Benefit Societies as required by section 48,662
3921.35 of the Revised Code. 48,663
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES 48,665
General Revenue Fund 48,667
GRF 600-100 Personal Services 48,670
State $ 0 $ 35,389,243 48,674
1074
Federal $ 0 $ 16,630,812 48,678
Personal Services 48,680
Total $ 0 $ 52,020,055 48,682
GRF 600-200 Maintenance 48,684
State $ 0 $ 17,309,326 48,688
Federal $ 0 $ 7,368,926 48,692
Maintenance Total $ 0 $ 24,678,252 48,696
GRF 600-300 Equipment 48,698
State $ 0 $ 420,342 48,702
Federal $ 0 $ 180,834 48,706
Equipment Total $ 0 $ 601,176 48,710
GRF 600-402 Electronic Benefits 48,712
Transfer (EBT)
State $ 0 $ 7,332,532 48,716
Federal $ 0 $ 7,332,531 48,720
EBT Total $ 0 $ 14,665,063 48,724
GRF 600-405 Family Violence 48,726
Prevention Programs $ 0 $ 835,018 48,728
GRF 600-406 Workforce Development $ 0 $ 358,404 48,732
GRF 600-407 Unemployment 48,734
Insurance/Employment
Services Operating $ 0 $ 22,727,425 48,736
GRF 600-408 Labor Market 48,738
Projections $ 0 $ 184,534 48,740
GRF 600-410 TANF State $ 0 $ 261,857,133 48,744
GRF 600-411 TANF Federal Block 48,746
Grant $ 0 $ 417,200,000 48,748
GRF 600-412 Prevailing 48,750
Wage/Minimum Wage and
Minors $ 0 $ 2,423,702 48,752
GRF 600-413 Day Care 48,754
Match/Maintenance of
Effort $ 0 $ 76,454,292 48,756
1075
GRF 600-414 Apprenticeship 48,758
Council $ 0 $ 177,769 48,760
GRF 600-416 Computer Projects 48,762
State $ 0 $ 74,620,000 48,766
Federal $ 0 $ 29,380,000 48,770
Computer Projects 48,772
Total $ 0 $ 104,000,000 48,774
GRF 600-417 Public Employee Risk 48,776
Reduction Program $ 0 $ 1,356,075 48,778
GRF 600-420 Child Support 48,780
Administration $ 0 $ 8,103,800 48,782
GRF 600-426 Children's Health 48,784
Insurance Plan (CHIP)
State $ 0 $ 7,099,589 48,787
Federal $ 0 $ 16,857,856 48,790
CHIP Total $ 0 $ 23,957,445 48,793
GRF 600-427 Child and Family 48,795
Services Activities $ 0 $ 3,110,655 48,797
GRF 600-428 Wellness Block Grant $ 0 $ 14,337,515 48,801
GRF 600-429 Womens Programs $ 0 $ 485,619 48,805
GRF 600-430 OSHA Match $ 0 $ 137,045 48,809
GRF 600-502 Child Support Match $ 0 $ 20,773,614 48,813
GRF 600-504 Non-TANF County 48,815
Administration $ 0 $ 75,017,940 48,817
GRF 600-511 Disability 48,819
Assistance/Other
Assistance $ 0 $ 52,000,000 48,821
GRF 600-512 Non-TANF Emergency 48,823
Assistance $ 0 $ 4,200,000 48,825
GRF 600-522 Burial Claims $ 0 $ 1,465,911 48,829
GRF 600-525 Health Care/Medicaid 48,831
State $ 0 $2,424,948,748 48,835
Federal $ 0 $3,429,587,099 48,839
Health Care Total $ 0 $5,854,535,847 48,843
1076
GRF 600-527 Child Protective 48,845
Services $ 0 $ 57,332,997 48,847
GRF 600-528 Adoption Services 48,849
State $ 0 $ 28,428,928 48,853
Federal $ 0 $ 27,632,851 48,857
Adoption Services 48,859
Total $ 0 $ 56,061,779 48,861
GRF 600-534 Adult Protective 48,863
Services $ 0 $ 3,031,340 48,865
GRF 600-552 County Social 48,867
Services $ 0 $ 12,072,886 48,869
TOTAL GRF General Revenue Fund 48,870
State $ 0 $2,977,409,580 48,874
Federal $ 0 $4,188,753,711 48,878
GRF Total $ 0 $7,166,163,291 48,882
General Services Fund Group 48,885
4A8 600-658 Child Support 48,888
Collections $ 0 $ 42,389,027 48,890
4R4 600-665 BCII Service Fees $ 0 $ 113,202 48,894
5C9 600-671 Medicaid Program 48,896
Support $ 0 $ 83,527,307 48,898
613 600-645 Training Activities $ 0 $ 75,000 48,902
TOTAL GSF General Services 48,903
Fund Group $ 0 $ 126,104,536 48,906
Federal Special Revenue Fund Group 48,909
3A2 600-641 Emergency Food 48,912
Distribution $ 0 $ 1,499,480 48,914
3D3 600-648 Children's Trust Fund 48,916
Federal $ 0 $ 1,475,393 48,918
3F0 600-623 Health Care Federal $ 0 $ 206,652,537 48,922
3F0 600-650 Hospital Care 48,924
Assurance Match $ 0 $ 309,158,525 48,926
3G5 600-655 Interagency 48,928
Reimbursement $ 0 $ 795,010,866 48,930
1077
3G9 600-657 Special Activities 48,932
Family Assistance $ 0 $ 544,782 48,934
3H7 600-617 Day Care Federal $ 0 $ 137,857,760 48,938
3N0 600-628 IV-E Foster Care 48,940
Maintenance $ 0 $ 196,993,903 48,942
3S5 600-622 Child Support 48,944
Projects $ 0 $ 534,050 48,946
3S9 600-620 TANF Employment and 48,948
Training $ 0 $ 700,000 48,950
316 600-602 State and Local 48,952
Training $ 0 $ 7,336,811 48,954
327 600-606 Child Welfare $ 0 $ 29,481,996 48,958
331 600-601 Federal Operating $ 0 $ 111,819,362 48,962
349 600-614 OSHA Enforcement $ 0 $ 1,326,501 48,966
365 600-602 JOB Training Program $ 0 $ 121,099,383 48,970
384 600-610 Food Stamps and State 48,972
Administration $ 0 $ 150,437,578 48,974
385 600-614 Refugee Services $ 0 $ 7,309,725 48,978
395 600-616 Special 48,980
Activities/Child and
Family Services $ 0 $ 4,311,677 48,982
396 600-620 Social Services Block 48,984
Grant $ 0 $ 60,420,498 48,986
397 600-626 Child Support $ 0 $ 226,768,641 48,990
398 600-627 Adoption Maintenance/ 48,992
Administration $ 0 $ 267,459,255 48,995
TOTAL FED Federal Special Revenue 48,996
Fund Group $ 0 $2,638,198,723 48,999
State Special Revenue Fund Group 49,002
198 600-647 Children's Trust Fund $ 0 $ 3,238,074 49,007
4A9 600-607 Unemployment 49,009
Compensation Admin
Fund $ 0 $ 13,962,175 49,011
1078
4E3 600-605 Nursing Home 49,013
Assessments $ 0 $ 95,511 49,015
4E7 600-604 Child and Family 49,017
Services Collections $ 0 $ 142,666 49,019
4F1 600-609 Foundation 49,021
Grants/Child and
Family Services $ 0 $ 1,422,569 49,023
4G1 600-610 Interagency 49,025
Agreements $ 0 $ 605,091 49,027
4J5 600-613 Nursing Facility Bed 49,029
Assessments $ 0 $ 32,334,707 49,031
4J5 600-618 Residential State 49,033
Supplement Payments $ 0 $ 14,285,756 49,035
4K1 600-621 ICF/MR Bed 49,037
Assessments $ 0 $ 21,180,717 49,039
4N7 600-670 Wellness Block Grant $ 0 $ 1,000,000 49,043
4R3 600-609 Banking Fees $ 0 $ 592,937 49,047
4V2 600-612 Child Support 49,049
Activities $ 0 $ 124,993 49,051
5A5 600-616 Unemployment Benefit 49,053
Automation $ 0 $ 6,892,757 49,055
5E3 600-633 EBT Contracted 49,057
Services $ 0 $ 500,000 49,059
5E4 600-615 Private Child Care 49,061
Agencies Training $ 0 $ 10,568 49,063
557 600-613 Apprenticeship 49,065
Council Conference $ 0 $ 15,000 49,067
6A7 600-656 Ford Foundation $ 0 $ 63,407 49,071
600 600-603 Third-Party 49,073
Recoveries $ 0 $ 10,369,063 49,075
651 600-649 Hospital Care 49,077
Assurance Program
Fund $ 0 $ 217,786,293 49,079
TOTAL SSR State Special Revenue 49,080
1079
Fund Group $ 0 $ 324,622,284 49,083
Agency Fund Group 49,086
5B6 600-601 Food Stamp Intercept $ 0 $ 5,283,920 49,091
192 600-646 Support Intercept - 49,093
Federal $ 0 $ 70,965,066 49,095
583 600-642 Support 49,097
Intercept-State $ 0 $ 17,175,008 49,099
TOTAL AGY Agency Fund Group $ 0 $ 93,423,994 49,102
Holding Account Redistribution Fund Group 49,105
R12 600-643 Refunds and Audit 49,108
Settlements $ 0 $ 200,000 49,110
R13 600-644 Forgery Collections $ 0 $ 700,000 49,114
TOTAL 090 Holding Account 49,115
Redistribution
Fund Group $ 0 $ 900,000 49,118
TOTAL ALL BUDGET FUND GROUPS $ 0 $10,349,412,828 49,121
Section 58.01. Family Violence Prevention Programs 49,124
The foregoing appropriation item 600-405, Family Violence 49,126
Prevention Programs, may be used to provide grants for county and 49,127
local family violence prevention community education initiatives, 49,128
and to provide funding for domestic violence shelters that the 49,129
Department of Job and Family Services determines are exclusively 49,130
for victims of domestic violence. 49,131
Section 58.02. Health Care/Medicaid 49,133
The foregoing appropriation item 600-525, Health 49,135
Care/Medicaid, shall not be limited by the provisions of section 49,136
131.33 of the Revised Code. 49,137
Section 58.03. Community Based Providers 49,139
From the foregoing appropriation item 600-525, Health 49,141
Care/Medicaid, $90,100,000 in fiscal year 2001 shall be used to 49,142
increase reimbursements in accordance with division (B) of 49,143
section 5111.025 of the Revised Code.
Section 58.04. Disability Assistance 49,145
The following schedule shall be used to determine monthly 49,147
1080
grant levels in the Disability Assistance Program effective July 49,148
1, 1999. 49,149
Persons in 49,151
Assistance Group Monthly Grant 49,152
1 $115 49,155
2 159 49,156
3 193 49,157
4 225 49,158
5 251 49,159
6 281 49,160
7 312 49,161
8 361 49,162
9 394 49,163
10 426 49,164
11 458 49,165
12 490 49,166
13 522 49,167
14 554 49,168
For each additional person add 40 49,171
TANF Federal Funds 49,174
Upon the request of the Department of Job and Family 49,176
Services, the Controlling Board may increase appropriations in 49,177
item 600-411, TANF Federal Block Grant, provided sufficient 49,178
Federal TANF block grant funds exist to do so, without any 49,179
corresponding decrease in other line items. The department shall 49,180
first provide the Office of Budget and Management with 49,181
documentation to support the need for the increased
appropriation.
All transfers of moneys from or charges against TANF 49,183
Federal Block Grant awards for use in the Social Services Block 49,184
Grant or the Child Care Development Block Grant from either 49,185
unobligated prior year appropriation authority in item 400-411, 49,186
or from FY 2001 appropriation authority in item 600-411, that
meet or exceed the Controlling Board thresholds as defined in 49,187
1081
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 49,188
Code, shall only be done with the approval of the Controlling 49,189
Board. The Department of Job and Family Services shall first 49,190
provide the Office of Budget and Management with documentation to
support the need for such transfers or charges for use in the 49,191
Social Services Block Grant or in the Child Care Development 49,192
Block Grant.
Alcohol and Drug Addiction Services Transfer 49,194
No later than July 15, 2000, the Director of Budget and 49,196
Management shall transfer $2,000,000 in appropriation authority 49,197
from appropriation item 600-410, TANF State, to appropriation 49,198
item 038-401, Alcohol and Drug Addiction Services, and $271,424 49,199
in appropriation authority from appropriation item 600-410, TANF 49,200
State, to appropriation item 038-404, Prevention Services, in the 49,201
Department of Alcohol and Drug Addiction Services. Of the 49,202
amounts transferred, $2,000,000 in appropriation authority shall 49,203
be used to provide substance abuse prevention and treatment 49,204
services to children, or their families, whose income is at or 49,205
below 200 per cent of the official income poverty guideline. The 49,206
remaining $271,424 in transferred appropriation authority shall 49,207
be used to fund adolescent youth mentoring programs for children 49,208
or their families whose income is at or below 200 per cent of the 49,209
income official poverty guideline. The Director of Alcohol and 49,210
Drug Addiction Services and the Director of Job and Family 49,212
Services shall develop operating and reporting guidelines for the 49,213
program.
TANF County Incentives 49,215
Of the foregoing appropriation item 600-411, TANF Federal 49,217
Block Grant, the Department of Job and Family Services may 49,218
provide financial incentives to those county departments of human 49,220
services that have exceeded performance standards adopted by the 49,221
state department, and where the board of county commissioners has 49,222
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 49,223
1082
of the county department. Any financial incentive funds provided 49,224
pursuant to this division shall be used by the county department 49,225
for additional or enhanced services for families eligible for 49,226
assistance under Chapter 5107. or 5108. of the Revised Code or, 49,227
upon request by the county and approval by the Department of Job 49,228
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 49,229
of human services may retain and expend such funds without regard 49,231
to the state or county fiscal year in which the financial 49,232
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 49,233
Job and Family Services providing detailed information on the 49,234
expenditure of these financial incentives and an evaluation of 49,236
the effectiveness of the county department's use of these funds 49,237
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 49,238
Hamilton Health Care Center 49,240
In fiscal year 2001, the Director of Job and Family 49,242
Services shall provide $100,000 from appropriation item 600-410, 49,243
TANF State, to the Butler County department of human services for 49,244
the purpose of contracting with the Hamilton Health Care Center 49,245
to provide health care services for children or their families 49,247
who reside in Butler County whose income is at or below 200 per
cent of the official poverty guideline. The Butler county 49,249
department of human services and the Hamilton Health Care Center 49,250
shall agree on reporting requirements to be incorporated into the 49,251
contract.
As used in this section, "poverty guideline" means the 49,253
official poverty guideline as revised annually by the United 49,254
States Secretary of Health and Human Services in accordance with 49,255
section 673 of the "Community Services Block Grant Act," 95 Stat. 49,256
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 49,258
to the size of the family of the person whose income is being
determined. 49,259
1083
Individual Development Accounts 49,261
From the foregoing appropriation item 600-410, TANF State, 49,263
or 600-411, TANF Federal Block Grant, or a combination of both, 49,264
up to $2,000,000 in fiscal year 2001 shall be used to allow 49,266
county departments of human services to make matching
contributions to Individual Development Accounts that have been 49,267
established by residents of the county. 49,268
Human Services Personal Care Assistance 49,270
In fiscal year 2001, the Director of Job and Family 49,272
Services shall provide $240,000 from appropriation item 600-410, 49,273
TANF State to be divided between the county departments of human 49,274
services of Cuyahoga County and Franklin County to contract with 49,275
the Rehabilitation Services Commission to place up to 25 49,276
TANF-eligible persons into jobs as personal care assistants. The 49,277
county departments of human services in Cuyahoga County and
Franklin County and the Rehabilitation Services Commission shall 49,278
agree on reporting requirements to be incorporated into the 49,279
contract.
TANF Family Planning 49,281
The Director of Budget and Management shall transfer, no 49,283
later than July 15, 2000, $250,000 in fiscal year 2001 from 49,284
appropriation item 600-410, TANF State, or 600-411, TANF Federal 49,285
Block Grant, or a combination of both, to 440-416, Child and 49,286
Family Health Services to be used for family planning services. 49,287
Ohio Association of Second Harvest Food Banks 49,289
The Department of Job and Family Services may use up to 49,291
$2,500,000 in fiscal year 2001 of the funds transferred from the 49,292
Temporary Assistance to Needy Families Block Grant to the Social 49,293
Service Block Grant to support expenditures to Ohio Association 49,294
of Second Harvest Food Banks pursuant to the following criteria. 49,295
As used in this section, "poverty guideline" means the 49,297
official poverty guideline as revised annually by the United 49,298
States Secretary of Health and Human Services in accordance with 49,299
section 673 of the "Community Services Block Grant Act," 95 Stat. 49,300
1084
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 49,302
to the size of the family of the person whose income is being
determined. 49,303
The Department of Job and Family Services shall provide an 49,305
annual grant of $2,500,000 in fiscal year 2001 to the Ohio 49,306
Association of Second Harvest Food Banks. In fiscal year 2001, 49,308
the Ohio Association of Second Harvest Food Banks shall use 49,309
$1,500,000 for the purchase of food products for the Ohio Food
Program of which up to $105,000 may be used for food storage and 49,310
transport and shall use $1,000,000 for the Agricultural Surplus 49,311
Production Alliance Project. Funds provided for the Ohio Food 49,312
Program shall be used to purchase food products and distribute 49,313
those food products to agencies participating in the emergency
food distribution program. No funds provided through this grant 49,314
may be used for administrative expenses other than funds provided 49,315
for food storage and transport. As soon as possible after 49,316
entering into a grant agreement at the beginning of the fiscal 49,317
year, the Department of Job and Family Services shall distribute 49,318
the grant funds in one single payment. The Ohio Association of
Second Harvest Food Banks shall develop a plan for the 49,319
distribution of the food products to local food distribution 49,321
agencies. Agencies receiving these food products shall ensure
that individuals and families who receive any of the food 49,322
products purchased with these funds have an income at or below 49,323
150 per cent of the poverty guideline. The Department of Job and 49,324
Family Services and the Ohio Association of Second Harvest Food 49,325
Banks shall agree on reporting requirements to be incorporated 49,326
into the grant agreement.
Any fiscal year 2001 funds from this grant remaining 49,328
unspent on June 30, 2001 shall be returned by the Ohio 49,329
Association of Second Harvest Food Banks to the Department of Job 49,330
and Family Services no later than November 1, 2001.
Computer-Related Services 49,332
The Department of Job and Family Services may use up to 49,334
1085
$17,000,000 in state fiscal year 2001 of the funds transferred 49,335
from the Temporary Assistance to Needy Families to the Social 49,336
Services Block Grant to support computer-related expenditures for 49,337
services that benefit the County Department of Human Services. 49,338
Additional Maintenance of Effort and Matching Funding for 49,340
the Child Care Development Fund 49,341
The Department of Job and Family Services may transfer 49,343
sufficient moneys from the Temporary Assistance to Needy Families 49,344
Block Grant to the Social Service Block Grant to support matching 49,345
and maintenance of effort requirements of the Child Care 49,346
Development Fund in order to match all funds for which Ohio is
eligible. 49,347
Additional Funding for the AdoptOhio Program 49,349
The Department of Job and Family Services may use up to 49,351
$2,116,349 in state fiscal year 2001 of the funds transferred 49,352
from the Temporary Assistance to Needy Families Block Grant to 49,353
the Social Service Block Grant to support expenditures for 49,354
AdoptOhio if the existing appropriations in 600-408 is not
sufficient to support the program. 49,355
Inner City Youth Opportunities Program 49,357
In fiscal year 2001, the Director of Job and Family 49,359
Services shall provide $75,000 from appropriation item 600-410, 49,360
TANF State, to the Hamilton County department of human services 49,361
to contract with the Inner City Youth Opportunities organization 49,362
of Cincinnati for the purpose of providing allowable services to 49,363
TANF-eligible individuals. The Hamilton County department of 49,364
human services and Inner City Youth Opportunities shall agree on 49,365
reporting requirements to be incorporated into the contract. 49,366
TANF Fatherhood Programs 49,368
From the foregoing appropriation item 600-411, TANF Federal 49,370
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 49,371
to support local fatherhood programs. Of the foregoing 49,372
$5,000,000, $300,000 in fiscal year 2001 shall be used to operate 49,373
a Fatherhood Commission. Of the foregoing $5,000,000, $310,000 49,374
1086
in fiscal year 2001 shall be used to support the Center for 49,375
Families and Children in Cleveland. 49,376
TANF Adult Literacy and Child Reading Programs 49,378
From the foregoing appropriation item 600-411, TANF Federal 49,380
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 49,381
to support local adult literacy and child reading programs. 49,382
Cincinnati YWCA GED and Child Care Program 49,384
In fiscal year 2001, the Director of Job and Family 49,386
Services shall provide $65,000 from appropriation item 400-410, 49,387
TANF State, to the Hamilton County department of human services 49,388
to contract with the YWCA of Greater Cincinnati for the purpose 49,389
of providing a General Educational Development (GED) program to 49,390
TANF-eligible individuals, and child care to individuals enrolled 49,391
in the GED program. The Hamilton County department of human 49,392
services and the YWCA of Greater Cincinnati shall agree on 49,393
reporting requirements to be incorporated into the contract. 49,394
Transfer for Child Nutrition Services 49,396
No later than August 1, 2000, the Director of Budget and 49,398
Management shall transfer $2,500,000 in appropriation authority 49,399
from appropriation item 600-411, TANF Federal Block Grant, in the 49,400
Department of Job and Family Services, to State Special Revenue 49,401
Fund, 5B1, Child Nutrition Services, in the Department of
Education. The amount transferred shall be used by the 49,402
Department of Education to support 19 pilot programs to provide 49,403
nutritional benefits to older children enrolled in educational or 49,404
enrichment activities. Such transferred amounts shall not be 49,405
used as matching funds. The Director of Job and Family Services 49,406
and the Superintendent of Public Instruction shall develop
reporting guidelines on the use of these moneys. The Department 49,407
of Education shall assure that children receiving these benefits 49,408
meet TANF eligibility criteria. Any fiscal year 2001 moneys from 49,409
this transfer remaining unspent on June 30, 2001 shall be 49,410
transferred by the Director of Budget and Management no later 49,411
than August 1, 2001, to appropriation item 600-411, TANF Federal
1087
Block Grant, in the Department of Job and Family Services. 49,412
Single Allocation for County Departments of Human Services 49,414
Using the foregoing appropriation items 600-504, Non-TANF 49,416
County Administration; 600-610, Food Stamps and State 49,417
Administration; 600-410, TANF State; 600-411, TANF Federal Block 49,419
Grant; 600-620, Social Services Block Grant; 600-552, County 49,420
Social Services; 600-413, Day Care Match/Maintenance of Effort; 49,421
600-617, Day Care Federal; 600-534, Adult Protective Services; 49,422
and 600-614, Refugees Services, the Department of Job and Family 49,423
Services may establish a single allocation for county departments 49,424
of human services that are subject to a partnership agreement 49,425
between a board of county commissioners and the department. The 49,426
county department is not required to use all the money from one 49,427
or more of the foregoing appropriation items listed in this 49,428
paragraph for the purpose the specific appropriation item is made 49,429
so long as the county department uses the money for a purpose at 49,430
least one of the other of those foregoing appropriation items is 49,431
made. The county department may not use the money in the 49,432
allocation for a purpose other than a purpose any of those 49,433
foregoing appropriation items are made. If the spending 49,434
estimates used in establishing the single allocation are not 49,435
realized and the county department uses money in one or more of 49,436
those foregoing appropriation items in a manner for which federal 49,437
financial participation is not available, the department shall 49,438
use state funds available in one or more of those foregoing 49,439
appropriation items to ensure that the county department receives 49,440
the full amount of its allocation. The single allocation is the 49,441
maximum amount the county department shall receive from those 49,442
foregoing appropriation items. 49,443
Reports on Interagency Transfers 49,445
With regard to the foregoing appropriation item 600-655, 49,447
Interagency Reimbursement, the Department of Job and Family 49,448
Services shall provide the Legislative Budget Office of the 49,449
Legislative Service Commission with a report each month that 49,451
1088
details interagency transfers through the appropriation item.
The reports shall break down transfers by agency and 49,452
appropriation item to which transfers are made. Transfers shall 49,453
further be broken down by source of federal funds, including 49,454
federal program number (as shown in the Catalog of Federal 49,455
Domestic Assistance), grant number, and department reporting 49,456
category number. In addition, transfers of Medicaid dollars 49,457
shall be grouped between reimbursement for services and 49,458
administrative costs. Reports shall be provided to the 49,459
Legislative Budget Office of the Legislative Service Commission 49,460
within two weeks after the end of the month.
Section 58.05. Hospital Care Assurance Assessment Match 49,462
Fund
Appropriation item 600-650, Hospital Care Assurance 49,464
Assessment Match, shall be used by the Department of Job and 49,465
Family Services to receive and distribute funds in connection 49,466
with the Hospital Care Assurance Program. 49,467
Section 58.06. Transfer of Funds 49,469
The Ohio Department of Job and Family Services shall 49,471
transfer through intrastate transfer vouchers, cash from State 49,472
Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, 49,474
Home and Community-Based Services, in the Ohio Department of 49,475
Mental Retardation and Developmental Disabilities. The sum of 49,476
the transfers shall be equal to the amounts appropriated in 49,477
fiscal year 2001 in appropriation item 322-604, Waiver - Match. 49,478
The transfer may occur on a quarterly basis or on a schedule 49,479
developed and agreed to by both departments. 49,480
The Ohio Department of Job and Family Services shall 49,482
transfer, through intrastate transfer vouchers, cash from the 49,483
State Special Revenue Fund 4J5, Home and Community-Based Services 49,484
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 49,485
Aging. The sum of the transfers shall be equal to the amount 49,486
appropriated in fiscal year 2001 in appropriation item 490-610, 49,487
PASSPORT/Residential State Supplement. The transfer may occur on 49,488
1089
a quarterly basis or on a schedule developed and agreed to by 49,489
both departments.
Transfers of IMD/DSH Cash 49,491
The Department of Job and Family Services shall transfer, 49,493
through intrastate transfer voucher, cash from fund 5C9, Medicaid 49,495
Program Support, to the Department of Mental Health's Fund 4X5, 49,496
OhioCare, in accordance with an interagency agreement which 49,497
delegates authority from the Department of Job and Family 49,498
Services to the Department of Mental Health to administer
specified Medicaid services. 49,499
The Director of Budget and Management shall transfer cash 49,501
from the Department of Job and Family Services, fund 5C9, 49,502
Medicaid Program Support, in the amount of $2,000,000 in fiscal 49,503
year 2001 to the Department of Health's Health Services Fund, 49,504
Fund 5E1.
Transfer from the Children's Trust Fund to the Wellness 49,506
Block Grant Fund
The Director of Budget and Management shall transfer 49,508
$1,000,000 in fiscal year 2001 from Fund 198, Children's Trust 49,510
Fund, to Fund 4N7, Wellness Block Grant, within the Department of 49,511
Job and Family Services' budget.
Foster Care Liability Coverage 49,513
On behalf of public children services agencies and in 49,515
consultation with the Department of Insurance and the Office of 49,516
State Purchasing, the Department of Job and Family Services may 49,517
seek and accept proposals for a uniform and statewide insurance 49,518
policy to indemnify foster parents for personal injury and
property damage suffered by them due to the care of a foster 49,520
child. Premiums for such a policy shall be the sole 49,521
responsibility of each public children services agency that 49,522
agrees to purchase the insurance policy.
Protective Services Incentive Funding 49,524
Notwithstanding the formula in section 5101.14 of the 49,526
Revised Code, from the foregoing appropriation item 400-527, 49,527
1090
Child Protective Services, the Department of Human Services may 49,529
use no more than $2,400,000 in fiscal year 2000 as incentive 49,530
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 49,531
delivery to and assist public children service agencies in 49,532
complying with federal reporting requirements. Of this amount, 49,533
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 49,535
Department of Human Services shall develop a process for the 49,536
release of these funds and may adopt rules in accordance with 49,537
section 111.15 of the Revised Code governing the distribution,
release, and use of these funds. 49,538
Statewide Automated Child Welfare Information System 49,540
Of the foregoing appropriation item 400-416, Computer 49,542
Projects, in fiscal year 2001, $10,000,000 shall be used for the 49,543
development and implementation of the Statewide Automated Child 49,544
Welfare Information System (SACWIS). 49,545
Day Care/Head Start Collaborations 49,547
The Department of Job and Family Services and the county 49,549
departments of human services shall work to develop collaborative 49,550
efforts between Head Start and child care providers. The 49,551
Department of Job and Family Services may use the foregoing 49,552
appropriation items 600-413, Day Care Match/Maintenance of 49,553
Effort, and 600-617, Day Care Federal, to support collaborative 49,554
efforts between Head Start and child day-care centers. 49,555
Four C's Comprehensive Community Child Care Program 49,557
Of the foregoing appropriation item 600-413, Day Care 49,559
Match/Maintenance of Effort, $25,000 in fiscal year 2001 shall be 49,560
used to support the Four C's Comprehensive Community Child Care 49,561
Program Center.
Adoption Assistance 49,563
Of the foregoing appropriation item 600-528, State Adoption 49,566
Services, at least $3,700,000 in fiscal year 2001 shall be used 49,567
in support of post finalization adoption services offered
1091
pursuant to section 5153.163 of the Revised Code. The Department 49,569
of Job and Family Services shall adopt rules and procedures
pursuant to section 111.15 of the Revised Code to set payment 49,570
levels and limit eligibility for post finalization adoption 49,571
services as necessary to limit program expenditures to the 49,572
amounts set forth in this section, based on factors including, 49,573
but not limited to, any or all of the following: type, or 49,574
extent, of the adopted child's disability or special need; and 49,575
resources available to the adoptive family to meet the child's 49,577
service needs.
Adoption Connection of Cincinnati 49,579
Of the foregoing appropriation item 600-528, Adoption 49,581
Services, $42,000 is earmarked in fiscal year 2000 to support the 49,582
Adoption Connection of Cincinnati. 49,583
Child Support Collections/TANF MOE 49,585
The foregoing appropriation item 600-658, Child Support 49,587
Collections, shall be used by the Department of Job and Family 49,588
Services to meet the TANF maintenance of effort requirements of 49,589
Pub. L. No. 104-193. After the state has met the maintenance of 49,591
effort requirement, the Department of Job and Family Services may 49,592
use funds from appropriation item 600-658 to support public
assistance activities. 49,593
Private Child Care Agencies Training 49,595
The foregoing appropriation item 600-615, Private Child 49,597
Care Agencies Training, shall be used by the Department of Job 49,598
and Family Services to provide the state match for federal Title 49,599
IV-E training dollars for private child placing agencies and 49,600
private noncustodial agencies. Revenues shall consist of moneys 49,601
derived from fees established under section 5101.143 of the 49,603
Revised Code and paid by private child placing agencies and 49,604
private noncustodial agencies.
Child Care Quality Improvement 49,606
A portion of the foregoing appropriation item 600-620, 49,608
Social Services Block Grant (Fund 396), shall be made available 49,609
1092
to county departments of human services to fund the improvement 49,610
of the quality of publicly funded child care and access to 49,611
publicly funded child care, including, but not limited to,
recruitment, training, mentoring, and oversight of child care 49,612
providers or in-home providers. The Department of Job and Family 49,613
Services may transfer funds from the foregoing appropriation item 49,614
600-411, TANF Federal Block Grant, to 600-620, Social Services 49,615
Block Grant (Fund 396), as needed to cover such expenditures. 49,616
Transfer for Lead Assessments 49,618
Of the foregoing appropriation item 600-525, Health 49,620
Care/Medicaid, the Department of Job and Family Services may 49,621
transfer funds from the General Revenue Fund to the General 49,622
Operations Fund (Fund 142) of the Department of Health. Transfer 49,623
of the funds shall be made through intrastate transfer voucher 49,624
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 49,625
Medicaid Healthcheck recipients. 49,626
Medicaid Program Support Fund - State 49,628
The foregoing appropriation item 600-671, Medicaid Program 49,630
Support, shall be used by the Department of Job and Family 49,631
Services to pay for Medicaid services and contracts. 49,632
Holding Account Redistribution Group 49,634
The foregoing appropriation items 600-643 and 600-644, 49,636
Holding Account Redistribution Fund Group, shall be used to hold 49,637
revenues until they are directed to the appropriate accounts or 49,638
until they are refunded. If it is determined that additional 49,639
appropriation authority is necessary, such amounts are hereby 49,640
appropriated.
Agency Fund Group 49,642
The Agency Fund Group shall be used to hold revenues until 49,645
the appropriate fund is determined or until they are directed to 49,646
the appropriate governmental agency other than the Department of 49,647
Job and Family Services. If it is determined that additional 49,649
appropriation authority is necessary, such amounts are hereby
1093
appropriated. 49,650
Federal Special Revenue Fund Group 49,652
The foregoing appropriation items that appear in the 49,654
Department of Human Service's Federal Special Revenue Fund Group 49,655
shall be used to collect revenue from various sources and use the 49,656
revenue to support programs administered by the Department of 49,657
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 49,658
the Director of Budget and Management on forms prescribed by the 49,659
Controlling Board. If the Director agrees that the additional 49,660
appropriation authority is necessary in order to perform the 49,661
functions allowable in the appropriation item then such amounts 49,662
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 49,663
the action taken.
Section 58.07. Adoptive Placement Payments 49,665
The foregoing appropriation item 600-427, Child & Family 49,667
Services Activities, may be used to make payments pursuant to 49,668
agreements entered into under section 5103.12 of the Revised 49,669
Code. 49,670
Consolidation of State Grants 49,672
With the consent of a county, the Department of Job and 49,674
Family Services may combine into a single and consolidated grant 49,675
of state aid, funds that would otherwise be provided to that 49,676
county pursuant to the operation of section 5101.14 of the 49,677
Revised Code and other funds that would otherwise be provided to 49,678
that county for the purpose of providing kinship care. In fiscal 49,679
year 2001, the grant shall also include unspent funds remaining 49,680
from any grant provided to the county under this section in 49,681
fiscal year 2000.
Funds contained in any such consolidation grant shall not 49,683
be subject to either statutory or administrative rules which 49,684
would otherwise govern allowable uses from such funds, except 49,685
that such funds shall continue to be used by the county to meet 49,686
1094
the expenses of its children services program. Funds contained 49,687
in any consolidation grant shall be paid to each county within 49,688
thirty days after the beginning of each calendar quarter. Funds 49,689
provided to a county under this section shall be deposited in the 49,691
children services fund, established in section 5101.143 of the 49,692
Revised Code, and shall be used for no other purpose than to meet 49,693
the expenses of the children services program. Within ninety 49,694
days after the end of fiscal year 2001, each county shall return 49,695
to the Department of Job and Family Services any unspent balance
in the consolidated grant, unless this section is renewed for a 49,696
subsequent period of time. 49,697
Section 58.08. Administration Support Services 49,699
The Department of Job and Family Services may assess 49,701
programs of the department for the cost of administration, 49,702
support, and technical services. Such an assessment shall be 49,703
based upon a plan submitted to and approved by the Office of 49,704
Budget and Management by the first day of August of each fiscal
year and shall contain the characteristics of administrative ease 49,705
and uniform application. A program's payments shall be 49,706
transferred via intrastate transfer voucher to the Unemployment 49,707
Compensation Administration Fund (Fund 331). 49,708
Employer Surcharge 49,710
The surcharge and the interest on the surcharge amounts due 49,712
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 49,713
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 49,714
General Assembly shall be assessed, collected, accounted for, and 49,715
made available to the Department of Job and Family Services in 49,716
the same manner as are the surcharge and interest amounts
pursuant to section 4141.251 of the Revised Code. 49,717
Section 59. JCO JUDICIAL CONFERENCE OF OHIO 49,719
General Revenue Fund 49,721
GRF 018-321 Operating Expenses $ 1,020,000 $ 1,080,000 49,726
TOTAL GRF General Revenue Fund $ 1,020,000 $ 1,080,000 49,729
General Services Fund Group 49,732
1095
403 018-601 Ohio Jury 49,735
Instructions $ 180,000 $ 180,000 49,737
TOTAL GSF General Services 49,738
Fund Group $ 180,000 $ 180,000 49,741
TOTAL ALL BUDGET FUND GROUPS $ 1,200,000 $ 1,260,000 49,744
Ohio Jury Instructions Fund 49,747
The Ohio Jury Instructions Fund (Fund 403) shall consist of 49,749
grants, royalties, dues, conference fees, bequests, devises, and 49,750
other gifts received for the purpose of supporting costs incurred 49,751
by the Judicial Conference of Ohio in dispensing education and 49,752
informational data to the state's judicial system. Fund 403 49,754
shall be used by the Judicial Conference of Ohio to pay expenses 49,755
incurred in dispensing educational and informational data to the 49,756
state's judicial system. All moneys accruing to Fund 403 in 49,757
excess of $180,000 in fiscal year 2000 and in excess of $180,000 49,758
in fiscal year 2001 are hereby appropriated for the purposes 49,759
authorized.
No money in the Ohio Jury Instructions Fund shall be 49,761
transferred to any other fund by the Director of Budget and 49,762
Management or the Controlling Board. 49,763
Section 60. JSC THE JUDICIARY/SUPREME COURT 49,765
General Revenue Fund 49,767
GRF 005-321 Operating Expenses - 49,769
Judiciary $ 84,146,536 $ 85,597,403 49,771
GRF 005-401 State Criminal 49,773
Sentencing Council $ 363,182 $ 363,568 49,775
GRF 005-402 Task Force on Family 49,777
Law and Children $ 100,000 $ 100,000 49,779
GRF 010-321 Operating Expenses - 49,781
Supreme Court $ 9,342,738 $ 9,377,229 49,783
GRF 010-401 Law-Related Education $ 197,163 $ 203,077 49,787
TOTAL GRF General Revenue Fund $ 94,149,619 $ 95,641,277 49,790
General Services Fund Group 49,792
6A2 005-602 Dispute Resolution $ 36,050 $ 37,132 49,797
1096
672 005-601 Continuing Judicial 49,799
Education $ 231,750 $ 238,703 49,801
TOTAL GSF General Services 49,802
Fund Group $ 267,800 $ 275,835 49,805
State Special Revenue Fund Group 49,808
4C8 010-603 Attorney Registration $ 1,745,355 $ 1,735,424 49,813
6A8 010-602 Supreme Court 49,815
Admissions $ 812,601 $ 821,061 49,817
643 010-601 Commission on 49,819
Continuing Legal
Education $ 250,000 $ 239,999 49,821
TOTAL SSR State Special Revenue 49,822
Fund Group $ 2,807,956 $ 2,796,484 49,825
Federal Special Revenue Fund Group 49,827
3J0 005-603 Federal Grants $ 781,468 $ 816,405 49,832
TOTAL FED Federal Special 49,833
Revenue Fund Group $ 781,468 $ 816,405 49,836
TOTAL ALL BUDGET FUND GROUPS $ 98,006,843 $ 99,530,001 49,842
Law-Related Education 49,845
The foregoing appropriation item 010-401, Law-Related 49,847
Education, shall be distributed directly to the Ohio Center for 49,848
Law-Related Education for the purposes of providing continuing 49,849
citizenship education activities to primary and secondary 49,850
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 49,851
private money for new programs. 49,853
Dispute Resolution 49,855
The Dispute Resolution Fund (Fund 6A2) shall consist of 49,857
grants and other moneys awarded to promote alternative dispute 49,858
resolution in the Ohio courts and deposited into the Dispute 49,859
Resolution Fund pursuant to the Rules for the Government of the 49,860
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 49,861
Resolution, shall promote alternative dispute resolution programs 49,862
in the Ohio courts and be used for the education of judges, 49,863
1097
attorneys, and other court personnel in dispute resolution 49,864
concepts. If it is determined by the Administrative Director of 49,865
the Supreme Court that additional appropriations are necessary, 49,866
the amounts are hereby appropriated. 49,867
No money in the Dispute Resolution Fund shall be 49,869
transferred to any other fund by the Director of Budget and 49,870
Management or the Controlling Board. Interest earned on moneys 49,871
in the Dispute Resolution Fund shall be credited to the fund. 49,872
Continuing Judicial Education 49,874
The Continuing Judicial Education Fund (Fund 672) shall 49,876
consist of fees paid by judges and court personnel for attending 49,878
continuing education courses and other gifts and grants received 49,880
for the purpose of continuing judicial education. The foregoing 49,881
appropriation item 005-601, Continuing Judicial Education, shall 49,882
be used to pay expenses for continuing education courses for 49,883
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional 49,884
appropriations are necessary, the amounts are hereby 49,885
appropriated.
No money in the Continuing Judicial Education Fund shall be 49,887
transferred to any other fund by the Director of Budget and 49,888
Management or the Controlling Board. Interest earned on moneys 49,889
in the Continuing Judicial Education Fund shall be credited to 49,890
the fund. 49,891
Attorney Registration 49,893
In addition to funding other activities considered 49,895
appropriate by the Supreme Court, the foregoing appropriation 49,896
item 010-603, Attorney Registration, may be used to compensate 49,897
employees and fund the appropriate activities of the following 49,898
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 49,899
Disciplinary Counsel, the Board of Commissioners on Grievances 49,900
and Discipline, the Clients' Security Fund, the Board of 49,901
Commissioners on the Unauthorized Practice of Law, and the Office 49,902
1098
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 49,903
appropriations are necessary, the amounts are hereby 49,904
appropriated.
No moneys in the Attorney Registration Fund shall be 49,906
transferred to any other fund by the Director of Budget and 49,907
Management or the Controlling Board. Interest earned on moneys 49,908
in the Attorney Registration Fund shall be credited to the fund. 49,909
Supreme Court Admissions 49,911
The foregoing appropriation item 010-602, Supreme Court 49,913
Admissions, shall be used to compensate Supreme Court employees 49,914
who are primarily responsible for administering the attorney 49,915
admissions program, pursuant to the Rules for the Government of 49,916
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the 49,917
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 49,918
Court Rules for the Government of the Bar of Ohio. If it is 49,919
determined by the Administrative Director of the Supreme Court 49,920
that additional appropriations are necessary, the amounts are 49,921
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 49,923
transferred to any other fund by the Director of Budget and 49,924
Management or the Controlling Board. Interest earned on moneys 49,925
in the Supreme Court Admissions Fund shall be credited to the 49,926
fund.
Continuing Legal Education 49,928
The foregoing appropriation item 010-601, Commission on 49,930
Continuing Legal Education, shall be used to compensate employees 49,931
of the Commission on Continuing Legal Education, established 49,932
pursuant to the Supreme Court Rules for the Government of the Bar 49,933
of Ohio, and to fund other activities of the commission 49,934
considered appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional 49,935
appropriations are necessary, the amounts are hereby 49,936
1099
appropriated.
No moneys in the Continuing Legal Education Fund shall be 49,938
transferred to any other fund by the Director of Budget and 49,939
Management or the Controlling Board. Interest earned on moneys 49,940
in the Continuing Legal Education Fund shall be credited to the 49,941
fund.
Federal Miscellaneous 49,943
The Federal Miscellaneous Fund (3J0) shall consist of 49,945
grants and other moneys awarded to the Supreme Court of Ohio (The 49,946
Judiciary) by the United States Government, the State Justice 49,947
Institute, or other entities that receive the moneys directly 49,948
from the United States Government or the State Justice Institute 49,949
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 49,950
Grants, shall be used in a manner consistent with the purpose of 49,951
the grant or award. If it is determined by the Administrative 49,952
Director of the Supreme Court that additional appropriations are 49,953
necessary, the amounts are hereby appropriated.
No money in the Federal Miscellaneous Fund shall be 49,955
transferred to any other fund by the Director of Budget and 49,956
Management or the Controlling Board. However, interest earned on 49,957
moneys in the Federal Miscellaneous Fund on or after July 1, 49,958
1995, shall be credited or transferred to the General Revenue
Fund. 49,959
Section 61. LEC LAKE ERIE COMMISSION 49,961
State Special Revenue Fund Group 49,963
4C0 780-601 Lake Erie Protection 49,966
Fund $ 998,400 $ 1,022,362 49,968
5D8 780-602 Lake Erie Resources 49,970
Fund $ 588,759 $ 602,889 49,972
TOTAL SSR State Special Revenue 49,973
Fund Group $ 1,587,159 $ 1,625,251 49,976
TOTAL ALL BUDGET FUND GROUPS $ 1,587,159 $ 1,625,251 49,979
Cash Transfer 49,982
1100
Not later than September 30 of each fiscal year, the 49,984
executive director of the Lake Erie Commission, with the approval 49,985
of the Commission, shall certify to the Director of Budget and 49,987
Management the cash balance in the Lake Erie Resources Fund (Fund 49,988
5D8) and may request to transfer cash balances in excess of
amounts needed to meet operating expenses from Fund 5D8 to the 49,989
Lake Erie Protection Fund (Fund 4C0). Cash transferred shall be 49,990
used for the purposes described in division (A) of section 49,991
1506.23 of the Revised Code. Additional appropriation authority 49,992
in the amount of the cash transfer is hereby appropriated. 49,993
Section 62. LRS LEGAL RIGHTS SERVICE 49,995
General Revenue Fund 49,997
GRF 054-100 Personal Services $ 331,826 $ 327,673 50,002
GRF 054-200 Maintenance $ 48,998 $ 50,174 50,006
GRF 054-300 Equipment $ 2,680 $ 2,744 50,010
GRF 054-401 Ombudsman $ 382,659 $ 379,363 50,014
TOTAL GRF General Revenue Fund $ 766,163 $ 759,954 50,017
General Services Fund Group 50,020
416 054-601 Gifts and Donations $ 1,256 $ 1,291 50,025
TOTAL GSF General Services 50,026
Fund Group $ 1,256 $ 1,291 50,029
Federal Special Revenue Fund Group 50,032
3B8 054-603 Protection and 50,035
Advocacy - Mentally
Ill $ 706,422 $ 706,422 50,037
3N3 054-606 Protection and 50,039
Advocacy - Individual
Rights $ 334,739 $ 334,739 50,041
3N9 054-607 Assistive Technology $ 83,000 $ 83,000 50,045
3R9 054-604 Family Support 50,047
Collaborative $ 200,000 $ 200,000 50,049
3T2 054-609 Client Assistance 50,051
Program $ 380,000 $ 380,000 50,053
1101
305 054-602 Protection and 50,055
Advocacy -
Developmentally
Disabled $ 1,059,481 $ 1,059,481 50,057
TOTAL FED Federal Special Revenue 50,058
Fund Group $ 2,763,642 $ 2,763,642 50,061
TOTAL ALL BUDGET FUND GROUPS $ 3,531,061 $ 3,524,887 50,064
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 50,067
General Revenue Fund 50,069
GRF 028-321 Legislative Ethics 50,072
Committee $ 551,500 $ 569,400 50,074
TOTAL GRF General Revenue Fund $ 551,500 $ 569,400 50,077
State Special Revenue Fund Group 50,080
4G7 028-601 Joint Legislative 50,083
Ethics Commitee $ 60,000 $ 50,000 50,085
TOTAL SSR State Special Revenue $ 60,000 $ 50,000 50,088
Fund
TOTAL ALL BUDGET FUND GROUPS $ 611,500 $ 619,400 50,091
Section 64. LSC LEGISLATIVE SERVICE COMMISSION 50,094
General Revenue Fund 50,096
GRF 035-321 Operating Expenses $ 8,566,725 $ 8,875,000 50,101
GRF 035-402 Legislative Interns $ 840,000 $ 890,000 50,105
GRF 035-403 Legislative Budget 50,107
Office $ 2,672,000 $ 2,752,000 50,109
GRF 035-404 Legislative Office of 50,111
Education Oversight $ 1,116,995 $ 1,087,423 50,113
GRF 035-405 Correctional 50,115
Institution
Inspection Committee $ 470,000 $ 495,000 50,117
GRF 035-406 ATMS Replacement 50,119
Project $ 90,000 $ 90,000 50,121
GRF 035-407 Legislative Task 50,123
Force on
Redistricting $ 2,400,000 $ 2,100,000 50,125
1102
GRF 035-409 National Associations $ 392,674 $ 405,717 50,129
GRF 035-410 Legislative 50,131
Information Systems $ 5,260,000 $ 4,265,000 50,133
TOTAL GRF General Revenue Fund $ 21,808,394 $ 20,960,140 50,136
General Services Fund Group 50,139
4F6 035-603 Legislative Budget 50,142
Services $ 140,000 $ 144,000 50,144
410 035-601 Sale of Publications $ 25,000 $ 25,000 50,148
TOTAL GSF General Services 50,149
Fund Group $ 165,000 $ 169,000 50,152
TOTAL ALL BUDGET FUND GROUPS $ 21,973,394 $ 21,129,140 50,155
Operating Expenses 50,158
Of the foregoing appropriation item 035-321, Operating 50,160
Expenses, $350,000 in fiscal year 2000 and $175,000 in fiscal 50,161
year 2001 shall be used to pay for equipment for the electronic 50,162
filing of rules and related documents.
ATMS Replacement Project 50,164
Of the foregoing appropriation item 035-406, ATMS 50,166
Replacement Project, any amounts not used for the ATMS project 50,167
may be used to pay the operating expenses of the Legislative 50,168
Service Commission. 50,169
Legislative Task Force on Redistricting 50,171
Of the foregoing appropriation item 035-407, Legislative 50,173
Task Force on Redistricting, $400,000 in fiscal year 2000 and 50,174
$100,000 in fiscal year 2001 shall be used to assist county 50,175
boards of elections to comply with the requirement of using 50,176
census bureau geography to determine precinct boundaries. Upon 50,177
written request from the Secretary of State, the Director of the
Legislative Service Commission shall transfer $400,000 in fiscal 50,178
year 2000 and $100,000 in fiscal year 2001 to the Secretary of 50,179
State. Transfer shall be made through intrastate voucher. The 50,180
Secretary of State shall expend the transferred funds in 50,181
accordance with the requirements of this section.
National Associations 50,183
1103
Of the foregoing appropriation item 035-409, National 50,185
Associations, $8,000 in each fiscal year shall be used for the 50,187
State and Local Legal Center.
Legislative Office of Education Oversight 50,189
The foregoing appropriation item 035-404, Legislative 50,191
Office of Education Oversight, shall be used to support the 50,192
legislative oversight activities of the Legislative Committee on 50,193
Education Oversight established in section 3301.68 of the Revised 50,194
Code. 50,195
Section 103.141 Report 50,197
Notwithstanding section 103.141 of the Revised Code, the 50,200
Legislative Budget Office of the Legislative Service Commission
may submit the estimates required by that section for calendar 50,201
years 1996 and 1997 in October 2000. 50,202
LBO Child Care Study 50,204
The Legislative Budget Office of the Legislative Service 50,206
Commission (LBO) shall undertake a study of publicly funded child 50,207
care payment procedures and make recommendations regarding the 50,208
feasibility and the potential for development of a cost-based 50,209
prospective payment system. Any prospective payment system 50,210
should provide for predictability and stability of payment and
should take into consideration facility costs and training costs. 50,211
LBO shall report its findings to the Speaker and Minority Leader 50,212
of the House of Representatives, President and Minority Leader of 50,213
the Senate, and the Governor no later than July 1, 2000. 50,214
Section 65. LIB STATE LIBRARY BOARD 50,216
General Revenue Fund 50,218
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 50,223
GRF 350-200 Maintenance $ 2,087,742 $ 1,728,248 50,227
GRF 350-300 Equipment $ 1,966,322 $ 579,914 50,231
GRF 350-400 Ohio Public Library 50,233
Information Network $ 5,712,486 $ 5,854,002 50,235
GRF 350-501 Cincinnati Public 50,237
Library $ 751,887 $ 769,932 50,239
1104
GRF 350-502 Regional Library 50,241
Systems $ 1,871,151 $ 1,926,769 50,243
GRF 350-503 Cleveland Public 50,245
Library $ 1,140,923 $ 1,164,705 50,246
GRF 350-505 Netwellness $ 750,000 $ 750,000 50,250
TOTAL GRF General Revenue Fund $ 19,609,950 $ 18,044,528 50,253
General Services Fund Group 50,256
139 350-602 Intra-Agency Service 50,259
Charges $ 28,123 $ 28,911 50,261
459 350-602 Interlibrary Service 50,263
Charges $ 774,564 $ 781,280 50,265
TOTAL GSF General Services 50,266
Fund Group $ 802,687 $ 810,191 50,269
Federal Special Revenue Fund Group 50,272
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 50,277
TOTAL FED Federal Special Revenue 50,278
Fund Group $ 5,163,542 $ 5,163,542 50,281
TOTAL ALL BUDGET FUND GROUPS $ 25,576,179 $ 24,018,261 50,284
Maintenance 50,287
Of the foregoing appropriation item, 350-200, Maintenance, 50,289
$400,000 in fiscal year 2000 shall be used to fund the relocation 50,290
of the State Library from the State Departments Building. 50,291
Equipment 50,293
Of the foregoing appropriation item, 350-300, Equipment, 50,295
$1,400,000 in fiscal year 2000 shall be used to fund the 50,296
relocation of the State Library from the State Departments 50,297
Building.
Ohio Public Library Information Network 50,299
The foregoing appropriation item 350-400, Ohio Public 50,301
Library Information Network, shall be used for an information 50,302
telecommunications network linking public libraries in the state 50,303
and such others as may be certified as participants by the Ohio 50,304
Public Library Information Network Board. 50,305
The Ohio Public Library Information Network Board shall 50,309
1105
consist of eleven members appointed by the State Library Board 50,310
from among the staff of public libraries and past and present 50,311
members of boards of trustees of public libraries, based on the 50,312
recommendations of the Ohio library community. The Ohio Public 50,313
Library Information Network Board in consultation with the State 50,314
Library shall develop a plan of operations for the network. The 50,315
Board shall have the authority to make decisions regarding the 50,316
use of the foregoing appropriation item 350-400, Ohio Public 50,317
Library Information Network, and to receive and expend grants to 50,318
carry out the operations of the network in accordance with state 50,319
law and the authority to appoint and fix the compensation of a 50,321
director and necessary staff. The State Library will be the 50,322
fiscal agent for the network and shall have fiscal accountability 50,323
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 50,324
travel and necessary expenses incurred in the carrying out of 50,325
their responsibilities.
In order to limit access to obscene and illegal materials 50,327
through internet use at Ohio Public Library Information Network 50,328
(OPLIN) terminals, local libraries with OPLIN computer terminals 50,329
shall adopt policies that control access to obscene and illegal 50,330
materials. These policies may include use of technological 50,332
systems to select or block certain internet access. The OPLIN 50,333
shall condition provision of its funds, goods, and services on 50,334
compliance with these policies. The OPLIN board shall also adopt 50,335
and communicate specific recommendations to local libraries on 50,336
methods to control such improper usage. These methods may 50,337
include each library implementing a written policy controlling 50,339
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 50,340
internet usage.
Of the foregoing appropriation item 350-400, Ohio Public 50,342
Library Information Network, up to $66,000 in fiscal year 2000 50,343
and up to $72,000 in fiscal year 2001 shall be used to help local 50,344
1106
libraries purchase filters to screen out obscene and illegal 50,345
internet materials. 50,346
The OPLIN board shall research and assist or advise local 50,348
libraries with emerging technologies and methods that may be 50,349
effective means to control access to obscene and illegal 50,351
materials. On October 1, 1999, and biannually thereafter, the 50,352
OPLIN Executive Director shall provide written reports to the 50,353
Governor, the Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the 50,354
Senate on any steps being taken by OPLIN and public libraries in 50,356
this state to limit and control such improper usage as well as 50,358
information on technological, legal, and law enforcement trends
nationally and internationally affecting this area of public 50,359
access and service. 50,360
The Ohio Public Library Information Network, InfOhio, and 50,362
OhioLink shall, to the extent feasible, coordinate and cooperate 50,363
in their purchase or other acquisition of the use of electronic 50,364
databases for their respective users and shall contribute funds 50,365
in an equitable manner to such effort.
Regional Library Systems 50,367
Of the foregoing appropriation item 350-502, Regional 50,369
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 50,370
fiscal year 2001 shall be used to replace federal dollars that 50,371
will be eliminated due to the expiration of the Library Services 50,372
and Construction Act (LSCA).
Netwellness 50,374
The foregoing appropriation item 350-505, Netwellness, 50,376
shall be used to fund the Netwellness program, a joint venture of 50,377
the University of Cincinnati, Case Western Reserve University, 50,378
and The Ohio State University.
Section 66. LCO LIQUOR CONTROL COMMISSION 50,380
Liquor Control Fund Group 50,382
043 970-321 Operating Expenses $ 656,322 $ 671,416 50,387
1107
TOTAL LCF Liquor Control Fund $ 656,322 $ 671,416 50,390
Group
TOTAL ALL BUDGET FUND GROUPS $ 656,322 $ 671,416 50,393
Section 67. MED STATE MEDICAL BOARD 50,396
General Services Fund Group 50,398
5C6 883-609 State Medical Board 50,401
Operating $ 5,891,825 $ 5,861,245 50,403
TOTAL GSF General Services 50,404
Fund Group $ 5,891,825 $ 5,861,245 50,407
TOTAL ALL BUDGET FUND GROUPS $ 5,891,825 $ 5,861,245 50,410
Section 68. DMH DEPARTMENT OF MENTAL HEALTH 50,413
Division of General Administration Intragovernmental Service Fund 50,415
Group 50,416
151 235-601 General 50,419
Administration $ 72,523,765 $ 74,161,226 50,421
TOTAL ISF Intragovernmental $ 72,523,765 $ 74,161,226 50,424
Service Fund Group
Division of Mental Health-- 50,426
Psychiatric Services to Correctional Facilities 50,427
General Revenue Fund 50,429
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 50,434
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 50,437
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 50,440
Forensic Services 50,443
The foregoing appropriation item 322-401, Forensic 50,445
Services, shall be used to provide psychiatric services to courts 50,447
of common pleas. The appropriation shall be allocated through 50,448
community mental health boards to certified community agencies 50,449
and shall be distributed according to the criteria delineated in 50,450
Rule 5122:4-1-01 of the Administrative Code. These community 50,451
forensic funds may also be used to provide forensic training to 50,452
community mental health boards and to forensic psychiatry 50,453
residency programs in hospitals operated by the Department of 50,454
Mental Health and to provide evaluations of patients of forensic 50,455
1108
status in facilities operated by the Department of Mental Health 50,456
prior to conditional release to the community. 50,457
In addition, appropriation item 332-401 may be used to 50,459
support projects involving mental health, substance abuse, 50,460
courts, and law enforcement to identify and develop appropriate 50,461
alternative services to institutionalization for non-violent 50,462
mentally ill offenders, and to provide linkage to community 50,463
services for severely mentally disabled offenders released from 50,465
institutions operated by the Department of Rehabilitation and 50,468
Correction. Funds may also be utilized to provide forensic 50,469
monitoring and tracking in addition to community programs serving 50,471
persons of forensic status on conditional release or probation. 50,472
Diversion Linkage Projects 50,474
Any cash transferred from the Department of Rehabilitation 50,476
and Correction Community Mental Health and Substance Abuse 50,477
Treatment Fund (Fund 4J3) and from the Department of Youth 50,478
Services Community Mental Health and Substance Abuse Treatment 50,479
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
shall be used by the Department of Mental Health to fund existing 50,480
county Diversion Linkage projects which provide alternative 50,481
services to institutionalization for non-violent mentally ill 50,482
offenders. The amount of the transfer is hereby appropriated. 50,483
Division of Mental Health-- 50,484
Administration and Statewide Programs 50,485
General Revenue Fund 50,487
GRF 333-100 Personal Services - 50,490
Central
Administration $ 18,585,795 $ 17,027,859 50,492
GRF 333-200 Maintenance - Central 50,494
Administration $ 2,378,563 $ 2,348,974 50,496
GRF 333-300 Equipment - Central 50,498
Administration $ 1,004,165 $ 506,598 50,500
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 50,504
1109
GRF 333-403 Pre-Admission 50,506
Screening Expenses $ 645,750 $ 658,665 50,508
GRF 333-415 Rental Payments OPFC $ 30,000,000 $ 28,600,000 50,512
GRF 333-416 Research Program 50,514
Evaluation $ 958,606 $ 984,933 50,516
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 50,519
General Services Fund Group 50,522
149 333-609 Central Office Rotary 50,525
- Operating $ 1,122,727 $ 1,135,684 50,527
TOTAL General Services Fund Group $ 1,122,727 $ 1,135,684 50,530
Federal Special Revenue Fund Group 50,533
3A7 333-612 Social Services Block 50,536
Grant $ 25,000 $ 25,000 50,538
3A8 333-613 Federal Grant - 50,540
Administration $ 24,880 $ 24,880 50,542
3A9 333-614 Mental Health Block 50,544
Grant $ 644,212 $ 644,212 50,546
3B1 333-635 Community Medicaid 50,548
Expansion $ 4,465,264 $ 4,465,264 50,550
324 333-605 Medicaid/Medicare $ 150,000 $ 150,000 50,554
TOTAL Federal Special Revenue 50,555
Fund Group $ 5,309,356 $ 5,309,356 50,558
State Special Revenue Fund Group 50,561
4X5 333-607 Behavioral Health 50,564
Medicaid Services $ 3,200,000 $ 2,775,000 50,566
485 333-632 Mental Health 50,568
Operating $ 124,284 $ 127,764 50,570
TOTAL State Special Revenue 50,571
Fund Group $ 3,324,284 $ 2,902,764 50,574
TOTAL ALL BUDGET FUND GROUPS $ 64,819,420 $ 60,994,810 50,577
Residency Traineeship Programs 50,580
The foregoing appropriation item 333-402, Resident 50,582
Trainees, shall be used to fund training agreements entered into 50,583
by the Department of Mental Health for the development of 50,584
1110
curricula and the provision of training programs to support 50,585
public mental health services. The appropriation line item may 50,586
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 50,587
between the public mental health system and college and 50,588
university traineeship programs established pursuant to section 50,589
5119.11 of the Revised Code.
Pre-Admission Screening Expenses 50,591
The foregoing appropriation item 333-403, Pre-Admission 50,593
Screening Expenses, shall be used to pay for costs to ensure that 50,595
uniform statewide methods for pre-admission screening are in 50,596
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 50,597
another inpatient facility is sought. Pre-admission screening 50,599
includes the following activities: pre-admission assessment, 50,600
consideration of continued stay requests, discharge planning and 50,601
referral, and adjudication of appeals and grievance procedures. 50,602
Rental Payments to the Ohio Public Facilities Commission 50,604
The foregoing appropriation item 333-415, Rental Payments 50,606
OPFC, shall be used to meet all payments at the times they are 50,608
required to be made during the period from July 1, 1999, to June 50,609
30, 2001, by the Department of Mental Health to the Ohio Public 50,610
Facilities Commission pursuant to leases and agreements made 50,611
under section 154.20 of the Revised Code, but limited to the 50,612
aggregate amount of $58,600,000. Nothing in this act shall be 50,613
deemed to contravene the obligation of the state to pay, without 50,614
necessity for further appropriation, from the sources pledged 50,615
thereto, the bond service charges on obligations issued pursuant 50,616
to section 154.20 of the Revised Code. 50,617
Section 68.01. Division of Mental Health--Hospitals 50,619
General Revenue Fund 50,621
GRF 334-408 Community and 50,624
Hospital Mental
Health Services $ 343,457,861 $ 349,242,440 50,626
1111
GRF 334-506 Court Costs $ 966,274 $ 989,465 50,630
TOTAL GRF General Revenue Fund $ 344,424,135 $ 350,231,905 50,633
General Services Fund Group 50,636
149 334-609 Hospital Rotary - 50,639
Operating Expenses $ 4,291,568 $ 2,196,668 50,641
150 334-620 Special Education $ 105,250 $ 105,250 50,645
TOTAL GSF General Services 50,647
Fund Group $ 4,396,818 $ 2,301,918 50,650
Federal Special Revenue Fund Group 50,653
3B0 334-617 Elementary and 50,656
Secondary Education
Act $ 180,348 $ 189,215 50,658
324 334-605 Medicaid/Medicare $ 13,160,416 $ 13,299,340 50,662
TOTAL FED Federal Special Revenue 50,663
Fund Group $ 13,340,764 $ 13,488,555 50,666
State Special Revenue Fund Group 50,669
485 334-632 Mental Health 50,672
Operating $ 2,565,188 $ 2,651,013 50,674
692 334-636 Community Mental 50,676
Health Board Risk
Fund $ 581,871 $ 598,163 50,678
TOTAL SSR State Special Revenue 50,679
Fund Group $ 3,147,059 $ 3,249,176 50,682
TOTAL ALL BUDGET FUND GROUPS $ 365,308,776 $ 369,271,554 50,685
Community Mental Health Board Risk Fund 50,689
The foregoing appropriation item 334-636, Community Mental 50,691
Health Board Risk Fund, shall be used to make payments pursuant 50,693
to section 5119.62 of the Revised Code. 50,694
Section 68.02. Division of Mental Health--Community 50,696
Support Services 50,697
General Revenue Fund 50,699
GRF 335-419 Community Medication 50,702
Subsidy $ 7,181,673 $ 7,701,549 50,704
1112
GRF 335-502 Community Mental 50,706
Health Programs $ 37,272,143 $ 38,166,674 50,708
GRF 335-508 Services for Severely 50,710
Mentally Disabled $ 58,991,734 $ 60,405,135 50,712
TOTAL GRF General Revenue Fund $ 103,445,550 $ 106,273,358 50,715
General Services Fund Group 50,718
4N8 335-606 Family Stability 50,721
Incentive $ 7,196,000 $ 7,300,000 50,723
TOTAL GSF General Services 50,724
Fund Group $ 7,196,000 $ 7,300,000 50,727
Federal Special Revenue Fund Group 50,730
3A7 335-612 Social Services Block 50,733
Grant $ 12,519,873 $ 9,250,982 50,735
3A8 335-613 Federal Grant - 50,737
Community Mental
Health Board Subsidy $ 597,120 $ 597,120 50,739
3A9 335-614 Mental Health Block 50,741
Grant $ 12,128,136 $ 12,128,136 50,743
3B1 335-635 Community Medicaid 50,745
Expansion $ 145,600,000 $ 151,424,000 50,747
TOTAL FED Federal Special Revenue 50,748
Fund Group $ 170,845,129 $ 173,400,238 50,751
TOTAL ALL BUDGET FUND GROUPS $ 281,486,679 $ 286,973,596 50,754
DEPARTMENT TOTAL 50,755
GENERAL REVENUE FUND $ 507,138,893 $ 512,548,051 50,758
DEPARTMENT TOTAL 50,759
GENERAL SERVICES FUND GROUP $ 12,715,545 $ 10,737,602 50,762
DEPARTMENT TOTAL 50,763
FEDERAL SPECIAL REVENUE 50,764
FUND GROUP $ 189,495,249 $ 192,198,149 50,767
DEPARTMENT TOTAL 50,768
STATE SPECIAL REVENUE FUND GROUP $ 6,471,343 $ 6,151,940 50,771
DEPARTMENT TOTAL 50,772
INTRAGOVERNMENTAL FUND GROUP $ 72,523,765 $ 74,161,226 50,775
1113
TOTAL DEPARTMENT OF MENTAL HEALTH $ 788,344,795 $ 795,796,968 50,778
Section 68.03. Community Medication Subsidy 50,781
The foregoing appropriation item 335-419, Community 50,783
Medication Subsidy, shall be used to provide subsidized support 50,784
for psychotropic medication needs of indigent citizens in the 50,785
community to reduce unnecessary hospitalization because of lack 50,786
of medication and to provide subsidized support for methadone 50,787
costs. 50,788
General Community Mental Health Programs 50,790
The foregoing appropriation item 335-502, Community Mental 50,792
Health Programs, shall be distributed by the Department of Mental 50,794
Health on a per capita basis to community mental health boards. 50,795
The purpose of the appropriation shall be to provide 50,797
subsidized support for general mental health services to Ohioans. 50,798
The range of mental health services eligible for funding shall be 50,799
defined in a Department of Mental Health administrative rule. 50,800
Community mental health boards shall allocate funds in support of 50,802
these services in accordance with the mental health needs of the 50,803
community.
Mental Health Services for Severely Mentally Disabled 50,805
Persons
The foregoing appropriation item 335-508, Services for 50,807
Severely Mentally Disabled, shall be used to fund mental health 50,809
services for adults and children who meet or have formerly met 50,810
criteria established by the Department of Mental Health under its 50,811
definition of severely mentally disabled. Those adults and 50,812
children who constitute severely mentally disabled shall include 50,813
those with a history of recent or chronic psychiatric 50,814
hospitalizations, a history of psychosis, a prognosis of 50,815
continued severe social and adaptive functioning impairment, or 50,816
those certified impaired by the Social Security Administration 50,817
for reasons of mental illness. In addition to the above, children 50,818
and adolescents who are currently determined to be severely 50,819
mentally disabled, or who are at risk of becoming severely mental 50,820
1114
disabled, and who are already in or about to enter the juvenile 50,821
justice system, or child welfare system, or receiving special 50,822
education services within the education system may also receive 50,823
services funded by appropriation item 335-508, Services for 50,824
Severely Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for 50,826
Serverely Mentally Disabled, $100,000 in each fiscal year shall 50,827
be used to fund family and consumer education and support. 50,828
Of the foregoing appropriation item 335-508, Services for 50,831
Severely Mentally Disabled, $2.7 million in each fiscal year 50,832
shall be used to transfer cash from the General Revenue Fund to
Fund 4N8, Family Stability Incentive. This transfer shall be 50,833
made using an intrastate voucher. 50,834
Behavioral Health Medicaid Services 50,836
The Department of Mental Health shall administer specified 50,838
Medicaid Services as delegated by the Department of Human 50,839
Services in an interagency agreement. The foregoing 50,840
appropriation item 333-607, Behavioral Health Medicaid Services, 50,841
may be used to make payments for free-standing psychiatric 50,842
hospital inpatient services as defined in an interagency 50,843
agreement with the Department of Human Services.
Community Capital Replacement Facility Fund 50,845
Any proceeds received from the sale of property approved by 50,847
the Director of Mental Health under section 5119.631 of the 50,848
Revised Code are hereby appropriated. 50,849
Section 69. DMR DEPARTMENT OF MENTAL RETARDATION 50,851
AND DEVELOPMENTAL DISABILITIES 50,852
Section 69.01. General Administration and Statewide 50,854
Services 50,855
General Revenue Fund 50,857
GRF 320-321 Central 50,860
Administration $ 12,054,435 $ 11,889,457 50,862
GRF 320-411 Special Olympics $ 200,000 $ 200,000 50,866
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 50,870
1115
GRF 320-415 Rent Payments-OPFC $ 30,000,000 $ 28,600,000 50,874
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 50,877
General Services Fund Group 50,880
4B5 320-640 Conference/Training $ 761,387 $ 780,768 50,885
TOTAL GSF General Services 50,886
Fund Group $ 761,387 $ 780,768 50,889
Federal Special Revenue Fund Group 50,892
3A4 320-605 Administrative 50,895
Support $ 5,795,804 $ 6,491,300 50,897
3A5 320-613 DD Council Operating 50,899
Expenses $ 992,486 $ 992,486 50,901
325 320-634 Protective Services $ 916,969 $ 916,969 50,905
TOTAL FED Federal Special Revenue 50,906
Fund Group $ 7,705,259 $ 8,400,755 50,909
TOTAL ALL GENERAL ADMINISTRATION 50,910
AND STATEWIDE SERVICES 50,911
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 50,914
Rental Payments to the Ohio Public Facilities Commission 50,918
The foregoing appropriation item 320-415, Rent Payments - 50,920
OPFC, shall be used to meet all payments at the times they are 50,922
required to be made during the period from July 1, 1999, to June 50,923
30, 2001, by the Department of Mental Retardation and 50,924
Developmental Disabilities to the Ohio Public Facilities 50,925
Commission pursuant to leases and agreements made under section 50,926
154.20 of the Revised Code, but limited to the aggregate amount 50,927
of $58,600,000. Nothing in this act shall be deemed to 50,928
contravene the obligation of the state to pay, without necessity 50,929
for further appropriation, from the sources pledged thereto, the 50,930
bond service charges on obligations issued pursuant to section 50,931
154.20 of the Revised Code.
Section 69.02. Community Services 50,933
General Revenue Fund 50,935
GRF 322-405 State Use Program $ 268,364 $ 264,685 50,940
1116
GRF 322-413 Residential and 50,942
Support Services $ 133,882,337 $ 137,095,513 50,944
GRF 322-451 Family Support 50,946
Services $ 7,705,342 $ 7,975,870 50,949
GRF 322-452 Case Management $ 6,235,022 $ 6,384,663 50,953
GRF 322-501 County Boards 50,955
Subsidies $ 45,720,356 $ 46,817,644 50,957
TOTAL GRF General Revenue Fund $ 193,811,421 $ 198,538,375 50,960
General Services Fund Group 50,963
4J6 322-645 Intersystem Services 50,966
for Children $ 3,798,005 $ 3,907,448 50,968
4U4 322-606 Community MR and DD 50,970
Trust $ 116,242 $ 119,201 50,972
4V1 322-611 Program Support $ 110,560 $ 113,374 50,975
4V1 322-615 Ohio's 50,977
Self-Determination
Project $ 131,666 $ 131,666 50,979
488 322-603 Residential Services 50,981
Refund $ 3,297,786 $ 3,650,224 50,983
TOTAL GSF General Services 50,984
Fund Group $ 7,454,259 $ 7,921,913 50,987
Federal Special Revenue Fund Group 50,990
3A4 322-605 Community Program 50,993
Support $ 2,569,284 $ 2,749,134 50,995
3A4 322-610 Community Residential 50,997
Support $ 5,537,250 $ 5,924,858 50,999
3A5 322-613 DD Council Grants $ 3,358,290 $ 3,358,290 51,003
3G6 322-639 Medicaid Waiver $ 135,921,846 $ 136,602,770 51,007
3M7 322-650 CAFS Medicaid $ 141,058,250 $ 141,890,490 51,011
325 322-608 Federal Grants - 51,013
Operating Expenses $ 1,197,586 $ 1,225,523 51,015
325 322-612 Social Service Block 51,017
Grant $ 15,100,000 $ 15,100,000 51,019
1117
325 322-614 Health and Human 51,021
Services $ 214,245 $ 214,245 51,023
325 322-617 Education Grants - 51,025
Operating $ 277,650 $ 277,650 51,027
TOTAL FED Federal Special Revenue 51,028
Fund Group $ 305,234,401 $ 307,342,960 51,031
State Special Revenue Fund Group 51,034
4K8 322-604 Waiver - Match $ 12,868,321 $ 12,532,806 51,039
5H0 322-619 Medicaid Repayment $ 534,560 $ 549,980 51,043
TOTAL SSR State Special Revenue 51,044
Fund Group $ 13,402,881 $ 13,082,786 51,047
TOTAL ALL COMMUNITY SERVICES 51,048
BUDGET FUND GROUPS $ 519,902,962 $ 526,886,034 51,051
Residential and Support Services 51,054
The foregoing appropriation item 322-413, Residential and 51,056
Support Services, shall be used for any of the following: 51,057
(A) Home and community-based waiver services pursuant to 51,059
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 51,060
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental 51,062
retardation and developmental disabilities; 51,063
(C) Supported living services contracted by county boards 51,065
of mental retardation and developmental disabilities in 51,066
accordance with sections 5126.40 to 5126.47 of the Revised Code; 51,067
(D) County board of mental retardation and developmental 51,069
disabilities contracted purchase of service; 51,070
(E) Sermak Class Services used to implement the 51,072
requirements of the consent decree in the case of Sermak v. 51,073
Manuel, Case No. c-2-80-220, United States District Court for the 51,074
Southern District of Ohio, Eastern Division.
Notwithstanding Chapters 5123. and 5126. of the Revised 51,076
Code, the Department of Mental Retardation and Developmental 51,078
Disabilities may develop residential and support service programs 51,079
that enable persons with mental retardation and developmental 51,080
1118
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 51,081
may waive the support collection requirements of those statutes 51,082
for persons in community programs developed by the department 51,083
under this section. The department shall adopt rules under 51,084
Chapter 119. of the Revised Code or may use existing rules for 51,085
the implementation of these programs.
Family Support Services 51,087
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 51,089
5126.11 of the Revised Code, the Department of Mental Retardation 51,090
and Developmental Disabilities may implement programs funded by 51,091
appropriation item 322-451, Family Support Services, to provide 51,092
assistance to persons with mental retardation or developmental 51,093
disabilities and their families who are living in the community. 51,095
The department shall adopt rules to implement these programs. 51,096
Case Management 51,098
The foregoing appropriation item 322-452, Case Management, 51,100
shall be allocated to county boards of mental retardation and 51,102
developmental disabilities for the purpose of providing case 51,103
management services and to assist in bringing state funding for 51,104
all department-approved case managers within county boards of 51,105
mental retardation and developmental disabilities to the level 51,106
authorized in division (D) of section 5126.15 of the Revised 51,107
Code. The department may request approval from the Controlling 51,108
Board to transfer any unobligated appropriation authority from 51,109
other state General Revenue Fund appropriation items within the 51,110
department's budget to appropriation item 322-452, Case 51,111
Management, to be used to meet the statutory funding level in 51,112
division (D) of section 5126.15 of the Revised Code. 51,113
Notwithstanding division (D) of section 5126.15 of the 51,115
Revised Code and subject to funding in appropriation item 51,116
322-452, Case Management, no county may receive less than its 51,117
allocation in fiscal year 1995.
State Subsidies to MR/DD boards 51,119
1119
Of the foregoing appropriation item 322-501, County Boards 51,121
Subsidies, $1,500,000 in each fiscal year shall be used to fund 51,122
the tax equity program in accordance with sections 5126.16, 51,123
5126.17, and 5126.18 of the Revised Code.
Of the foregoing appropriation item 322-501, County Boards 51,125
Subsidies, up to $550,000 in fiscal year 2000 may be used to 51,126
contract with The MR/DD Services Group, LLC for the technical 51,127
assistance to county boards of mental retardation and 51,128
developmental disabilities and other agencies under contract with 51,129
the county boards of mental retardation and developmental 51,130
disabilities for the implementation of Medicaid services. The 51,131
Department of Mental Retardation and Developmental Disabilities 51,132
shall monitor the contract and provide guidance and assistance, 51,133
as needed, to accomplish the functions associated with the 51,134
contract.
Of the foregoing appropriation item 322-501, County Boards 51,136
Subsidies, up to $550,000 in fiscal year 2001 may be used to 51,137
solicit requests for proposal for technical assistance to county 51,138
boards of mental retardation and developmental disabilities and 51,139
other agencies under contract with the county boards of mental 51,140
retardation and developmental disabilities for the implementation 51,141
of Medicaid services. The Department of Mental Retardation and 51,142
Developmental Disabilities shall monitor the contract and provide 51,143
guidance and assistance, as needed, to accomplish the functions 51,144
associated with the contract. 51,145
Waiver - Match 51,147
The foregoing appropriation item 322-604, Waiver-Match 51,149
(Fund 4K8), shall be used as state matching funds for the home 51,150
and community-based waivers. 51,151
The Department of Human Services may enter into an 51,153
interagency agreement with the Department of Mental Retardation 51,154
and Developmental Disabilities providing for the Department of 51,155
Mental Retardation and Developmental Disabilities to operate the 51,156
program. 51,157
1120
Developmental Center Program to Develop a Model Billing for 51,159
Services Rendered 51,160
Developmental centers of the Department of Mental 51,162
Retardation and Developmental Disabilities may provide services 51,163
to persons with mental retardation or developmental disabilities 51,164
living in the community or to providers of services to these 51,165
persons. The department may develop a methodology for recovery 51,166
of all costs associated with the provisions of these services. 51,167
Section 69.03. Residential Facilities 51,169
General Revenue Fund 51,171
GRF 323-321 Residential 51,174
Facilities Operations $ 104,027,497 $ 103,976,271 51,176
TOTAL GRF General Revenue Fund $ 104,027,497 $ 103,976,271 51,179
General Services Fund Group 51,182
152 323-609 Residential 51,185
Facilities Support $ 849,108 $ 870,772 51,187
TOTAL GSF General Services 51,188
Fund Group $ 849,108 $ 870,772 51,191
Federal Special Revenue Fund Group 51,194
3A4 323-605 Residential 51,197
Facilities
Reimbursement $ 125,178,287 $ 125,985,419 51,199
325 323-608 Federal Grants - 51,201
Subsidies $ 401,173 $ 429,255 51,203
325 323-617 Education Grants - 51,205
Residential
Facilities $ 374,882 $ 374,882 51,207
TOTAL FED Federal Special Revenue 51,208
Fund Group $ 125,954,342 $ 126,789,556 51,211
State Special Revenue Fund Group 51,214
489 323-632 Operating Expense $ 10,297,985 $ 10,726,617 51,219
TOTAL SSR State Special Revenue 51,220
Fund Group $ 10,297,985 $ 10,726,617 51,223
TOTAL ALL RESIDENTIAL FACILITIES 51,224
1121
BUDGET FUND GROUPS $ 241,128,932 $ 242,363,216 51,227
DEPARTMENT TOTAL GENERAL REVENUE 51,230
FUND $ 341,404,001 $ 344,546,207 51,232
DEPARTMENT TOTAL GENERAL SERVICES 51,233
FUND GROUP $ 9,064,754 $ 9,573,453 51,235
DEPARTMENT TOTAL FEDERAL SPECIAL 51,236
REVENUE FUND GROUP $ 438,894,002 $ 442,533,271 51,238
DEPARTMENT TOTAL STATE SPECIAL 51,239
REVENUE FUND GROUP $ 23,700,866 $ 23,809,403 51,241
TOTAL DEPARTMENT OF MENTAL 51,242
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 813,063,623 $ 820,462,334 51,245
Section 70. MIH COMMISSION ON MINORITY HEALTH 51,248
General Revenue Fund 51,250
GRF 149-321 Operating Expenses $ 572,555 $ 582,837 51,255
GRF 149-501 Minority Health 51,257
Grants $ 1,047,826 $ 1,072,973 51,259
GRF 149-502 Lupus Program $ 182,298 $ 186,673 51,263
TOTAL GRF General Revenue Fund $ 1,802,679 $ 1,842,483 51,266
State Special Revenue Fund Group 51,269
4C2 149-601 Minority Health 51,272
Conference $ 121,051 $ 124,231 51,274
TOTAL SSR State Special Revenue 51,275
Fund Group $ 121,051 $ 124,231 51,278
TOTAL ALL BUDGET FUND GROUPS $ 1,923,730 $ 1,966,714 51,281
Lupus Program 51,284
The foregoing appropriation item 149-502, Lupus Program, 51,286
shall be used to provide grants for programs in patient, public, 51,287
and professional education on the subject of Systemic Lupus 51,288
Erythemtosus; to encourage and develop local centers on lupus 51,289
information gathering and screening; and to provide outreach to 51,290
minority women. 51,291
Section 71. CRB MOTOR VEHICLE COLLISION REPAIR 51,294
REGISTRATION BOARD 51,295
1122
General Service Fund Group 51,297
5H9 865-609 Operating Expenses $ 228,638 $ 228,778 51,302
TOTAL GSF General Services 51,303
Fund Group $ 228,638 $ 228,778 51,306
TOTAL ALL BUDGET FUND GROUPS $ 228,638 $ 228,778 51,309
Section 72. DNR DEPARTMENT OF NATURAL RESOURCES 51,312
General Revenue Fund 51,314
GRF 725-401 Wildlife - GRF 51,317
Central Support $ 1,221,229 $ 1,268,315 51,319
GRF 725-404 Fountain Square 51,321
Rental Payments - OBA $ 1,087,000 $ 1,093,000 51,323
GRF 725-408 Reclamation and 51,325
Mining $ 2,406,020 $ 2,408,999 51,327
GRF 725-412 Reclamation 51,329
Commission $ 66,475 $ 68,165 51,331
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 51,335
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 51,339
GRF 725-423 Stream and Ground 51,341
Water Gauging $ 422,863 $ 459,387 51,343
GRF 725-425 Wildlife License 51,345
Reimbursement $ 1,000,000 $ 1,000,000 51,347
GRF 725-456 Canal Lands $ 414,783 $ 423,203 51,351
GRF 725-502 Soil and Water 51,353
Districts $ 11,364,494 $ 12,090,831 51,355
GRF 725-507 Conservation Reserve 51,357
Enhancement Program $ 2,000,000 $ 2,000,000 51,359
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 51,363
GRF 728-321 Division of 51,365
Geological Survey $ 2,164,135 $ 2,270,778 51,367
GRF 729-321 Computer Information 51,369
Services &
Communications $ 1,172,567 $ 1,214,464 51,371
GRF 730-321 Division of Parks and 51,373
Recreation $ 35,255,224 $ 34,951,655 51,375
1123
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 51,379
GRF 734-321 Division of Oil and 51,381
Gas $ 725,366 $ 1,614,957 51,383
GRF 736-321 Division of Chief 51,385
Engineer $ 4,977,309 $ 3,873,672 51,387
GRF 737-321 Division of Soil and 51,389
Water $ 4,092,866 $ 4,382,166 51,391
GRF 738-321 Office of Real Estate 51,393
and Land Management $ 2,493,793 $ 2,550,457 51,395
GRF 741-321 Division of Natural 51,397
Areas $ 3,415,305 $ 3,396,390 51,399
GRF 743-321 Division of Civilian 51,401
Conservation $ 5,100,636 $ 5,225,382 51,403
TOTAL GRF General Revenue Fund $ 109,309,324 $ 107,245,291 51,406
General Services Fund Group 51,409
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 51,414
157 725-651 Central Support 51,416
Indirect $ 7,302,432 $ 7,273,923 51,418
158 725-604 Natural Resources 51,420
Publication Center
Intrastate $ 79,170 $ 80,154 51,422
161 725-635 Parks Facilities 51,424
Maintenance $ 2,666,395 $ 2,737,935 51,426
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 51,430
204 725-687 Information Services $ 2,217,392 $ 2,145,631 51,434
206 725-689 REALM Support 51,436
Services $ 447,811 $ 473,152 51,438
207 725-690 Real Estate $ 53,924 $ 55,320 51,442
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 51,446
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 51,450
4X8 725-662 Water Planning 51,452
Council $ 262,900 $ 269,700 51,454
430 725-671 Canal Lands $ 1,029,302 $ 998,044 51,458
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 51,462
1124
508 725-684 Natural Resources 51,464
Publication Center
Interstate $ 393,166 $ 361,877 51,466
510 725-631 Maintenance - 51,468
state-owned
residences $ 230,669 $ 220,771 51,470
516 725-620 Water Management $ 2,407,372 $ 2,404,055 51,474
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 51,478
635 725-664 Fountain Square 51,480
Facilities Management $ 2,595,957 $ 2,699,355 51,482
697 725-670 Submerged Lands $ 547,762 $ 567,920 51,486
TOTAL GSF General Services 51,487
Fund Group $ 26,027,212 $ 26,460,401 51,490
Federal Special Revenue Fund Group 51,493
3B3 725-640 Federal Forest 51,496
Pass-Thru $ 55,000 $ 55,000 51,498
3B4 725-641 Federal Flood 51,500
Pass-Thru $ 185,000 $ 190,000 51,502
3B5 725-645 Federal Abandoned 51,504
Mine Lands $ 7,418,833 $ 7,630,403 51,506
3B6 725-653 Federal Land and 51,508
Water Conservation $ 130,000 $ 120,000 51,510
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 51,514
3P0 725-630 Natural Areas and 51,516
Preserves-Federal $ 262,400 $ 185,000 51,518
3P1 725-632 Geological 51,520
Survey-Federal $ 350,000 $ 350,000 51,522
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 51,526
3P3 725-650 Real Estate and Land 51,528
Management-Federal $ 2,857,755 $ 3,185,120 51,530
3P4 725-660 Water-Federal $ 180,000 $ 180,000 51,534
3R5 725-673 Acid Mine Drainage 51,536
Abatement/Treatment $ 600,000 $ 600,000 51,538
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 51,542
1125
332 725-669 Federal Mine Safety 51,544
Grant $ 133,095 $ 137,056 51,546
TOTAL FED Federal Special Revenue 51,547
Fund Group $ 15,628,229 $ 16,027,961 51,550
State Special Revenue Fund Group 51,553
4B8 725-617 Forestry Development $ 25,000 $ 25,000 51,558
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 51,562
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 51,566
4U6 725-668 Scenic Rivers 51,568
Protection $ 261,307 $ 268,431 51,570
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 51,574
509 725-602 State Forest $ 1,520,379 $ 1,440,326 51,578
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 51,582
512 725-605 State Parks 51,584
Operations $ 27,150,223 $ 27,048,732 51,586
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 51,590
518 725-643 Oil and Gas Permit 51,592
Fees $ 3,118,829 $ 2,378,496 51,594
541 725-677 Oil and Gas Well 51,596
Plugging $ 800,000 $ 800,000 51,598
521 725-627 Off-Road Vehicle 51,600
Trails $ 62,036 $ 63,790 51,602
522 725-656 Natural Areas 51,604
Checkoff Funds $ 745,301 $ 766,169 51,606
525 725-608 Reclamation 51,608
Forfeiture $ 597,082 $ 597,664 51,610
526 725-610 Strip Mining 51,612
Administration Fees $ 1,956,599 $ 2,006,000 51,614
527 725-637 Surface Mining 51,616
Administration $ 1,964,078 $ 2,016,050 51,618
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 51,622
530 725-647 Surface Mining 51,624
Reclamation $ 76,725 $ 78,951 51,626
1126
531 725-648 Reclamation 51,628
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 51,630
532 725-644 Litter Control and 51,632
Recycling $ 10,965,210 $ 11,264,587 51,634
615 725-661 Dam Safety $ 136,633 $ 139,237 51,638
TOTAL SSR State Special Revenue 51,639
Fund Group $ 53,953,325 $ 53,329,615 51,642
Wildlife Fund Group 51,645
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 51,650
015 740-321 Division of Wildlife 51,652
Conservation $ 40,345,888 $ 41,400,117 51,654
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 51,658
815 725-636 Cooperative 51,660
Management Projects $ 148,850 $ 153,166 51,662
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 51,666
817 725-655 Wildlife Conservation 51,668
Checkoff Fund $ 1,301,143 $ 1,327,577 51,670
818 725-629 Cooperative Fisheries 51,672
Research $ 918,004 $ 943,708 51,674
819 725-685 Ohio River Management $ 119,302 $ 122,748 51,678
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 51,681
Waterways Safety Fund Group 51,684
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 51,689
086 725-416 Natural Areas Marine 51,691
Patrol $ 25,000 $ 25,000 51,693
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 51,697
086 725-418 Buoy Placement $ 39,298 $ 40,267 51,701
086 725-501 Waterway Safety 51,703
Grants $ 128,024 $ 131,609 51,705
086 725-506 Watercraft Marine 51,707
Patrol $ 359,800 $ 369,875 51,709
086 725-513 Watercraft 51,711
Educational Grants $ 128,500 $ 132,098 51,713
1127
086 739-321 Division of 51,715
Watercraft $ 14,865,111 $ 15,142,223 51,717
880 725-614 Cooperative Boat 51,719
Harbor Projects $ 108,637 $ 111,679 51,721
TOTAL WSF Waterways Safety Fund 51,722
Group $ 18,770,772 $ 19,068,786 51,725
Holding Account Redistribution Fund Group 51,728
R17 725-659 Performance Cash Bond 51,731
Refunds $ 265,000 $ 265,500 51,733
R29 725-607 Reclamation Fee 51,735
Refund $ 350,000 $ 350,000 51,737
R30 725-638 Surface Mining 51,739
Reclamation Fees $ 12,000 $ 12,000 51,741
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 51,745
TOTAL 090 Holding Account 51,746
Redistribution Fund Group $ 2,377,000 $ 2,377,500 51,749
Accrued Leave Liability Fund Group 51,752
4M8 725-675 FOP Contract $ 17,551 $ 17,990 51,757
TOTAL ALF Accrued Leave 51,758
Liability Fund Group $ 17,551 $ 17,990 51,761
TOTAL ALL BUDGET FUND GROUPS $ 271,464,822 $ 271,093,437 51,764
Section 72.01. Rental Payments to the Ohio Public 51,767
Facilities Commission 51,768
The foregoing appropriation item 725-413, OPFC Rental 51,770
Payments, shall be used to meet all payments at the times they 51,772
are required to be made during the period from July 1, 1999, to 51,773
June 30, 2001, by the Department of Natural Resources to the Ohio 51,774
Public Facilities Commission pursuant to leases and agreements 51,775
made under section 154.22 of the Revised Code, but limited to the 51,776
aggregate amount of $28,410,000. Nothing in this act shall be 51,777
deemed to contravene the obligation of the state to pay, without 51,778
necessity for further appropriation, from the sources pledged 51,779
thereto, the bond service charges on obligations issued pursuant 51,780
to section 154.22 of the Revised Code. 51,781
1128
Fountain Square 51,783
The foregoing appropriation item 725-404, Fountain Square 51,785
Rental Payments - OBA, shall be used by the Department of Natural 51,787
Resources to meet all payments required to be made to the Ohio 51,788
Building Authority during the period from July 1, 1999, to June 51,789
30, 2001, pursuant to leases and agreements with the Ohio 51,790
Building Authority under section 152.241 of the Revised Code, but 51,791
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 51,793
transfer vouchers, shall make payments to the General Revenue 51,795
Fund from funds other than the General Revenue Fund to reimburse 51,796
the General Revenue Fund for their share of the lease rental 51,797
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the 51,798
payment from the Ohio Building Authority for the actual amounts 51,799
necessary to fulfill the leases and agreements pursuant to 51,800
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 51,802
Facilities Management (Fund 635), shall be used for payment of 51,804
repairs, renovation, utilities, property management, and building 51,805
maintenance expenses for the Fountain Square Complex. Cash 51,806
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 51,807
Natural Resources shall be deposited to the Fountain Square 51,808
Facilities Management Fund (Fund 635). 51,809
Section 72.02. Central Support Indirect Chargeback 51,811
With the exception of the Division of Wildlife, whose 51,813
indirect central support charges shall be paid by the General 51,814
Revenue Fund from the foregoing appropriation item 725-401, 51,815
Wildlife - GRF Central Support, the Department of Natural 51,816
Resources, with the approval of the Director of Budget and 51,817
Management, shall utilize a methodology for determining each 51,818
division's payments into the Central Support Indirect Chargeback 51,819
Fund (Fund 157). The methodology used shall contain the 51,820
1129
characteristics of administrative ease and uniform application. 51,821
Payments to the Central Support Indirect Chargeback Fund shall be 51,822
made using an intrastate transfer voucher. 51,823
Wildlife License Reimbursement 51,825
Notwithstanding the limits of the transfer from the General 51,827
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 51,828
of the Revised Code, up to the amount available in appropriation 51,829
item 725-425, Wildlife License Reimbursement, may be transferred 51,830
from the General Revenue Fund to the Wildlife Fund (Fund 015). 51,831
Pursuant to the certification of the Director of Budget and 51,832
Management of the amount of foregone revenue in accordance with 51,833
section 1533.15 of the Revised Code, the foregoing appropriation 51,834
item in the General Revenue Fund, appropriation item 725-425, 51,835
Wildlife License Reimbursement, shall be used to reimburse the 51,836
Wildlife Fund (Fund 015) for the cost of hunting and fishing 51,837
licenses and permits issued after June 30, 1990, to individuals 51,838
who are exempted under the Revised Code from license, permit, and 51,839
stamp fees.
Soil and Water Districts 51,841
In addition to state payments to soil and water 51,843
conservation districts authorized by section 1515.10 of the 51,844
Revised Code, the Department of Natural Resources may pay to any 51,845
soil and water conservation district, from authority in 51,846
appropriation item 725-502, Soil and Water Districts, an annual 51,847
amount not to exceed $30,000, upon receipt of a request and 51,848
justification from the district and approval by the Ohio Soil and 51,849
Water Conservation Commission. The county auditor shall credit 51,850
such payments to the special fund established pursuant to section 51,851
1515.10 of the Revised Code for the local soil and water 51,852
conservation district. Moneys received by each district shall be 51,853
expended for the purposes of the district. 51,854
Of the foregoing appropriation item 725-502, Soil and Water 51,856
Districts, $150,000 in each fiscal year shall be distributed to 51,857
the Muskingum Watershed Conservancy District. 51,858
1130
Of the foregoing appropriation item 725-502, Soil and Water 51,860
Districts, $170,000 in each fiscal year shall be distributed to 51,861
the Indian Lake Watershed.
No funds shall be used to pay for cost sharing under 51,864
section 1511.02 of the Revised Code if the Chief of Soil and 51,865
Water Conservation issues an order finding a person has caused 51,866
agricultural pollution by failure to comply with the standards 51,867
established under that section.
Soil and Water Districts 51,869
Of the foregoing appropriation item 725-502, Soil and Water 51,871
Districts, up to $8,043,891 in fiscal year 2000 and up to 51,872
$8,687,402 in fiscal year 2001 shall be distributed to soil and 51,873
water conservation districts for matching funds pursuant to 51,874
section 1515.14 of the Revised Code.
Of the foregoing appropriation item 725-502, Soil and Water 51,876
Districts, $250,000 in each fiscal year shall be distributed to 51,877
the Resource Conservation and Development Councils. 51,878
Of the foregoing appropriation item 725-502, Soil and Water 51,880
Districts, $63,940 in fiscal year 2000 and fiscal year 2001 shall 51,881
be used for the Conservation Action Project to improve water 51,882
quality in Defiance, Fulton, Henry, Lucas, Paulding, Williams, 51,883
and Wood counties.
Of the foregoing appropriation item 725-502, Soil and Water 51,885
Districts, $150,000 in each fiscal year shall be used for the 51,886
Loramie Valley Alliance Flood Program. 51,887
Of the foregoing appropriation item 725-502, Soil and Water 51,889
Districts, $50,000 in each fiscal year shall be distributed to 51,890
the Ottawa River Coalition. 51,891
Of the foregoing appropriation item 725-502, Soil and Water 51,893
Districts, $100,000 in fiscal year 2000 shall be expended for the 51,894
Millcreek Valley Mitigation Project. 51,895
Of the foregoing appropriation item 725-502, Soil and Water 51,897
Districts, $500,000 in each fiscal year shall be expended for the 51,898
Defiance-Williams Mitigation Project. 51,899
1131
Division of Soil and Water 51,901
Of the foregoing appropriation item 737-321, Division of 51,903
Soil and Water, $220,000 in each fiscal year shall be distributed 51,904
to the Water Quality Laboratory located at Heidelberg College. 51,906
Portage Lakes 51,908
Of the foregoing appropriation item 730-321, Division of 51,910
Parks and Recreation, $250,000 in fiscal year 2000 shall be 51,911
expended for the purchase of the Knapp-McDowell property for the 51,912
creation of the Portage Lakes Land Park.
Canal Lands 51,914
The foregoing appropriation item 725-456, Canal Lands, 51,916
shall be used to transfer funds to the Canal Lands Fund (Fund 51,917
430) to provide operating expenses for the State Canal Lands 51,918
Program. The transfer shall be made using an intrastate transfer 51,919
voucher and shall be subject to the approval of the Director of 51,920
Budget and Management. 51,921
Division of Chief Engineer 51,923
Of the foregoing appropriation item 736-321, Division of 51,925
Chief Engineer, $100,000 in fiscal year 2000 shall be used for 51,926
dredging the Chagrin River, and $100,000 in fiscal year 2001 51,927
shall be used for dredging the Grand River.
Watercraft Marine Patrol 51,929
Of the foregoing appropriation item 739-321, Division of 51,931
Watercraft, $50,000 in each fiscal year shall be expended for the 51,932
purchase of equipment for marine patrols qualifying for funding 51,933
from the Department of Natural Resources pursuant to section 51,934
1547.67 of the Revised Code. Proposals for equipment shall 51,935
accompany the submission of documentation for receipt of a marine 51,936
patrol subsidy pursuant to section 1547.67 of the Revised Code 51,937
and shall be loaned to eligible marine patrols pursuant to a 51,938
cooperative agreement between the Department of Natural Resources 51,939
and the eligible marine patrol. 51,940
Water Resources Council 51,942
There is hereby created a Water Resources Council, 51,944
1132
consisting of the Directors, or the designees of the Directors, 51,945
of Agriculture, Development, Environmental Protection, Health, 51,946
Natural Resources, Transportation, the State and Local Government 51,947
Commission, Public Utilities Commission, Ohio Public Works 51,948
Commission, and Ohio Water Development Authority. The Director 51,949
of Natural Resources shall chair the council. The chair of the 51,950
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 51,952
shall coordinate water policy development and planning activities 51,953
of state agencies and consider and make recommendations regarding 51,954
water policy development, planning coordination, and funding 51,956
issues.
Operating expenses of the council shall be paid from the 51,958
Water Resources Council Fund (Fund 4X8), which is hereby created. 51,959
The council may hire an executive director and staff to support 51,961
its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and 51,962
private interests to assist in meeting its objectives. The 51,963
Department of Natural Resources shall serve as fiscal agent of 51,965
the fund. The Departments of Agriculture, Development, 51,966
Environmental Protection, Health, Natural Resources, and
Transportation shall contribute equally, via interstate transfer 51,967
voucher, to the fund. The State and Local Government Commission, 51,968
Public Utilities Commission, Ohio Public Works Commission, and 51,969
Ohio Water Development Authority may also voluntarily pay into 51,970
the Water Resources Council Fund for the operating expenses of 51,971
the council. If voluntary payment is made into the fund the 51,972
portion for the Departments of Agriculture, Development,
Environmental Protection, Health, Natural Resources, and 51,973
Transportation shall be equally reduced. 51,974
Cash Transfer 51,976
Not later than August 1, 1999, the Director of Budget and 51,978
Management shall transfer cash in an amount not to exceed $8,266 51,979
from the Departmental Projects Fund (Fund 155) to the Oil and Gas 51,980
1133
Well Fund (Fund 518).
Not later than August 1, 1999, the Director of Budget and 51,982
Management shall transfer cash in an amount not to exceed 51,983
$150,000 from the Mining Regulation Fund (Fund 5B3) to the Oil 51,984
and Gas Well Fund (Fund 518).
Fund Consolidation 51,986
On July 15, 1999, or as soon thereafter as possible, the 51,988
Director of Budget and Management shall transfer the cash 51,989
balances of the Departmental Services - Interstate Fund (Fund 51,990
507) as of June 30, 1999, and any amounts that accrue to that 51,991
fund after that date, to the Departmental Projects Fund (Fund
155). The Director shall cancel any remaining outstanding 51,992
encumbrances against appropriation item 725-681, Departmental 51,993
Services - Interstate, and reestablish them against appropriation 51,994
item 725-601, Departmental Projects. The amounts of any 51,995
encumbrances canceled and reestablished are hereby appropriated. 51,996
On July 15, 1999, or as soon thereafter as possible, the 51,998
Director of Budget and Management shall transfer the cash 51,999
balances of the Oil and Gas Well Plugging Fund (Fund 517) as of 52,000
June 30, 1999, and any amounts that accrue to that fund after 52,001
that date, to the Oil and Gas Well Fund (Fund 518). The director 52,002
shall cancel any remaining outstanding encumbrances against
appropriation item 725-615, Oil and Gas Well Plugging, and 52,003
reestablish them against appropriation item 725-643, Oil and Gas 52,004
Permit Fees. The amounts of any encumbrances canceled and 52,005
reestablished are hereby appropriated.
Oil and Gas Well Plugging 52,007
The foregoing appropriation item 725-677, Oil and Gas Well 52,009
Plugging, shall be used exclusively for the purposes of plugging 52,010
wells and to properly restore the land surface of idle and orphan 52,011
oil and gas wells pursuant to section 1509.071 of the Revised 52,012
Code. No funds from the appropriation item shall be used for 52,013
salaries, maintenance, equipment, or other administrative 52,014
purposes. Appropriation authority from this line item shall not 52,015
1134
be transferred to any other fund or line item. 52,016
Burr Oak Water Plant Transfer 52,018
For the purposes of this section, "Burr Oak water system" 52,020
includes, but is not limited to, the Burr Oak water treatment 52,021
plant and its appurtenances.
Upon creation of a regional water district in accordance 52,023
with Chapter 6119. of the Revised Code, the Department of Natural 52,024
Resources shall transfer ownership of the Burr Oak water system 52,025
to the regional water district which shall serve portions of 52,026
Athens, Morgan, Hocking, and Perry counties, or surrounding 52,027
areas. The transfer of the Burr Oak water system shall occur
upon the execution of a transfer agreement between the Department 52,028
of Natural Resources and the regional water district setting 52,029
forth the provisions of the transfer. 52,030
Not more than thirty days prior to the execution of the 52,032
transfer agreement, the Director of Natural Resources shall 52,033
certify the amount of debt outstanding for the Burr Oak water 52,034
system and request the release of moneys up to $685,000 from 52,035
appropriation item 736-321, Division of Chief Engineer, to make
payment on the outstanding debt. Not more than fifteen days 52,036
after the execution of the transfer agreement, all unencumbered 52,037
moneys in the Burr Oak Water Plant Fund (Fund 519), Burr Oak 52,038
Water Plant, shall be distributed to the regional water district. 52,039
Division of Parks and Recreation 52,041
Of the foregoing appropriation item 730-321, Division of 52,043
Parks and Recreation, $150,000 in fiscal year 2000 shall be 52,044
expended for the American Disability Act improvements to the 52,045
Greenbrier Commons Park in Parma Heights. 52,046
Noah Dam Project 52,048
Of the foregoing appropriation item 736-321, Division of 52,050
Chief Engineer, $506,105 in fiscal year 2000 shall be distributed 52,051
to the Akron YMCA Camp Y for the Noah Dam Project. 52,052
Section 73. NUR STATE BOARD OF NURSING 52,054
General Services Fund Group 52,056
1135
4K9 884-609 Operating Expenses $ 4,080,547 $ 4,206,614 52,061
TOTAL GSF General Services 52,062
Fund Group $ 4,080,547 $ 4,206,614 52,065
TOTAL ALL BUDGET FUND GROUPS $ 4,080,547 $ 4,206,614 52,069
Section 74. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 52,072
AND ATHLETIC TRAINERS BOARD 52,073
General Services Fund Group 52,075
4K9 890-609 Operating Expenses $ 794,492 $ 632,645 52,080
TOTAL GSF General Services 52,081
Fund Group $ 794,492 $ 632,645 52,084
TOTAL ALL BUDGET FUND GROUPS $ 794,492 $ 632,645 52,087
Operating Expenses 52,090
Of the foregoing appropriation item 890-609, Operating 52,092
Expenses, $150,000 in fiscal year 2000 shall be used by the 52,093
physical therapy section of the Ohio Occupational Therapy, 52,094
Physical Therapy, and Athletic Trainers Board to commission a 52,095
study to measure clinical outcomes for physical therapy. The
physical therapy section for the board shall report the findings 52,096
of the study to the Speaker and Minority Leader of the House of 52,097
Representatives, the President and Minority Leader of the Senate, 52,098
and the Governor no later than two years after the effective date 52,099
of this section. 52,100
Education Conference 52,102
The Occupational Therapy, Physical Therapy, and Athletic 52,104
Trainers Board shall plan a conference to discuss career options 52,105
for recent college graduates and new licensees. Members of the 52,106
conference shall be the directors, or their designees, of the 52,107
Occupational Therapy, Physical Therapy, and Athletic Trainers 52,108
Board, Board of Regents, Proprietary Schools and Community
Schools or their designees. The conference shall provide 52,109
recommendations to the Board of Regents. 52,110
Section 75. OLA OHIOANA LIBRARY ASSOCIATION 52,112
General Revenue Fund 52,114
GRF 355-501 Library Subsidy $ 443,750 $ 280,461 52,119
1136
TOTAL GRF General Revenue Fund $ 443,750 $ 280,461 52,122
TOTAL ALL BUDGET FUND GROUPS $ 443,750 $ 280,461 52,125
Library Subsidy 52,128
Of the foregoing appropriation item 355-501, Library 52,130
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 52,131
relocation of the Ohioana Library from the State Departments 52,132
Building.
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD 52,134
General Services Fund Group 52,136
4K9 894-609 Operating Expenses $ 262,402 $ 260,182 52,141
TOTAL GSF General Services 52,142
Fund Group $ 262,402 $ 260,182 52,145
TOTAL ALL BUDGET FUND GROUPS $ 262,402 $ 260,182 52,148
Section 77. OPT STATE BOARD OF OPTOMETRY 52,151
General Services Fund Group 52,153
4K9 885-609 Operating Expenses $ 267,672 $ 266,294 52,158
TOTAL GSF General Services 52,159
Fund Group $ 267,672 $ 266,294 52,162
TOTAL ALL BUDGET FUND GROUPS $ 267,672 $ 266,294 52,166
Section 78. PBR STATE PERSONNEL BOARD OF REVIEW 52,169
General Revenue Fund 52,171
GRF 124-321 Operating $ 1,219,720 $ 1,077,232 52,176
TOTAL GRF General Revenue Fund $ 1,219,720 $ 1,077,232 52,179
General Services Fund Group 52,182
636 124-601 Transcript and Other $ 37,838 $ 38,746 52,187
TOTAL GSF General Services 52,188
Fund Group $ 37,838 $ 38,746 52,191
TOTAL ALL BUDGET FUND GROUPS $ 1,257,558 $ 1,115,978 52,194
Transcript and Other 52,197
The foregoing appropriation item 124-601, Transcript and 52,199
Other, may be used to produce and distribute transcripts and 52,200
other documents. Revenues generated by charges for transcripts 52,201
and other documents shall be deposited in the Transcripts and 52,202
Other Fund (Fund 636). 52,203
1137
Section 79. PRX STATE BOARD OF PHARMACY 52,205
General Services Fund Group 52,207
4A5 887-605 Drug Law Enforcement $ 65,000 $ 70,000 52,212
4K9 887-609 Operating Expenses $ 3,841,199 $ 3,829,277 52,216
TOTAL GSF General Services 52,217
Fund Group $ 3,906,199 $ 3,899,277 52,220
TOTAL ALL BUDGET FUND GROUPS $ 3,906,199 $ 3,899,277 52,223
Section 80. PSY STATE BOARD OF PSYCHOLOGY 52,226
General Services Fund Group 52,228
4K9 882-609 Operating Expenses $ 456,543 $ 443,625 52,233
TOTAL GSF General Services 52,234
Fund Group $ 456,543 $ 443,625 52,237
TOTAL ALL BUDGET FUND GROUPS $ 456,543 $ 443,625 52,240
Section 81. PUB OHIO PUBLIC DEFENDER COMMISSION 52,243
General Revenue Fund 52,245
GRF 019-321 Public Defender 52,248
Administration $ 1,773,081 $ 1,808,544 52,250
GRF 019-401 State Legal Defense 52,252
Services $ 6,810,632 $ 6,993,291 52,254
GRF 019-403 Multi-County: State 52,256
Share $ 1,108,780 $ 1,280,291 52,258
GRF 019-404 Trumbull County-State 52,260
Share $ 415,691 $ 429,680 52,262
GRF 019-405 Training Account $ 48,500 $ 48,500 52,267
GRF 019-501 County Reimbursement 52,269
- Non-Capital Cases $ 31,495,223 $ 34,600,011 52,271
GRF 019-503 County Reimbursements 52,273
- Capital Cases $ 1,151,476 $ 1,257,059 52,275
TOTAL GRF General Revenue Fund $ 42,803,383 $ 46,417,376 52,278
General Services Fund Group 52,281
101 019-602 Inmate Legal 52,284
Assistance $ 57,983 $ 56,422 52,286
101 019-607 Juvenile Legal 52,288
Assistance $ 456,055 $ 503,615 52,290
1138
406 019-603 Training and 52,292
Publications $ 16,000 $ 16,000 52,294
407 019-604 County Representation $ 466,799 $ 456,959 52,298
408 019-605 Client Payments $ 127,985 $ 131,453 52,302
TOTAL GSF General Services 52,303
Fund Group $ 1,124,822 $ 1,164,449 52,306
Federal Special Revenue Fund Group 52,309
3S8 019-608 Federal 52,312
Representation $ 190,000 $ 190,000 52,314
TOTAL FED Federal Special Revenue 52,315
Fund Group $ 190,000 $ 190,000 52,318
State Special Revenue Fund Group 52,321
4C7 019-601 Multi-County: County 52,324
Share $ 1,556,829 $ 1,614,051 52,326
4X7 019-610 Trumbull 52,328
County-County Share $ 552,627 $ 579,645 52,330
574 019-606 Legal Services 52,332
Corporation $ 16,350,000 $ 16,850,000 52,334
TOTAL SSR State Special Revenue 52,335
Fund Group $ 18,459,456 $ 19,043,696 52,338
TOTAL ALL BUDGET FUND GROUPS $ 62,577,661 $ 66,815,521 52,341
Indigent Defense Office 52,344
The foregoing appropriation items 019-404, Trumbull County 52,346
- State Share, and 019-610, Trumbull County - County Share, shall 52,347
be used to support an indigent defense office for Trumbull 52,348
County.
Training Account 52,350
The foregoing appropriation item 019-405, Training Account, 52,352
shall be used by the Ohio Public Defender to provide legal 52,353
training programs at no cost for private appointed counsel who 52,354
represent at least one indigent defendant at no cost, and for 52,355
state and county public defenders and attorneys who contract with 52,356
the Ohio Public Defender to provide indigent defense services. 52,357
Federal Representation 52,359
1139
The foregoing appropriation item 019-608, Federal 52,361
Representation, shall be used to receive reimbursements from the 52,362
federal courts when the Ohio Public Defender provides 52,364
representation on federal court cases.
Section 82. DHS DEPARTMENT OF PUBLIC SAFETY 52,366
General Revenue Fund 52,368
GRF 763-403 Operating Expenses - 52,371
EMA $ 4,090,853 $ 3,574,514 52,373
GRF 763-409 MARCS Operations and 52,375
Maintenance $ 740,284 $ 735,997 52,377
GRF 763-507 Individual and Family 52,379
Grants $ 100,000 $ 105,000 52,381
GRF 764-404 Transportation 52,383
Enforcement
Operations $ 2,156,879 $ 2,157,207 52,385
GRF 769-321 Food Stamp 52,387
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 52,389
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 52,392
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 52,397
American Red Cross Disaster Preparedness and Training 52,400
Of the foregoing appropriation item 763-403, Operating 52,402
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 52,403
distributed to the American Red Cross in Ohio for disaster 52,404
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 52,406
agreement between the State of Ohio Chapters of the American Red 52,407
Cross to specify the terms by which these funds shall be 52,408
requested, distributed, and accounted for to enhance the disaster 52,409
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 52,410
Management Agency shall require of the American Red Cross a plan 52,411
that facilitates implementation of the current Statement of 52,412
1140
Understanding between the State of Ohio and the American Red 52,413
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 52,414
MARCS Operations and Maintenance Transfers 52,416
Upon the request of the Director of Public Safety, the 52,418
Director of Budget and Management shall transfer up to $304,284 52,419
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 52,420
2001 by intrastate transfer voucher from appropriation item 52,421
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 52,422
Maintenance Fund.
Upon the request of the Director of Public Safety, the 52,424
Director of Budget and Management shall transfer up to $436,000 52,425
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 52,426
2001 by intrastate transfer voucher from appropriation item 52,427
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 52,428
Operations Fund.
IFG State Match 52,430
The foregoing appropriation item 763-507, Individual and 52,432
Family Grants, shall be used to fund the state share of costs to 52,433
provide grants to individuals and families in cases of disaster. 52,434
Section 83. PUC PUBLIC UTILITIES COMMISSION OF OHIO 52,436
General Services Fund Group 52,438
5F6 870-622 Utility and Railroad 52,441
Regulation $ 25,207,000 $ 25,295,000 52,443
5F6 870-624 NARUC/NRRI Subsidy $ 167,233 $ 167,233 52,447
5F6 870-625 Motor Transportation 52,449
Regulation $ 4,239,287 $ 4,237,947 52,451
558 870-602 Salvage and Exchange $ 31,031 $ 31,775 52,455
TOTAL GSF General Services 52,456
Fund Group $ 29,644,551 $ 29,731,955 52,459
Federal Special Revenue Fund Group 52,462
333 870-601 Gas Pipeline Safety $ 441,208 $ 454,898 52,467
350 870-608 Motor Carrier Safety $ 4,028,483 $ 4,089,335 52,471
TOTAL FED Federal Special Revenue 52,472
1141
Fund Group $ 4,469,691 $ 4,544,233 52,475
State Special Revenue Fund Group 52,478
4A3 870-614 Grade Crossing 52,481
Protection
Devices-State $ 1,242,480 $ 1,275,759 52,483
4L8 870-617 Pipeline Safety-State $ 164,789 $ 164,085 52,488
4S6 870-618 Hazardous Material 52,491
Registration $ 621,388 $ 626,809 52,493
4S6 870-621 Hazardous Materials 52,496
Base State
Registration $ 348,046 $ 356,399 52,498
4U8 870-620 Civil Forfeitures $ 250,009 $ 249,451 52,503
559 870-605 Public Utilities 52,505
Territorial
Administration $ 4,688 $ 4,801 52,507
560 870-607 Special Assessment $ 100,000 $ 100,000 52,511
561 870-606 Power Siting Board $ 300,000 $ 297,893 52,515
638 870-611 Biofuels/Municipal 52,517
Waste Technology $ 69,196 $ 69,908 52,519
661 870-612 Hazardous Materials 52,521
Transportation $ 800,000 $ 800,000 52,523
TOTAL SSR State Special Revenue 52,524
Fund Group $ 3,900,596 $ 3,945,105 52,527
Agency Fund Group 52,530
4G4 870-616 Base State 52,533
Registration Program $ 7,000,000 $ 7,000,000 52,535
TOTAL AGY Agency Fund Group $ 7,000,000 $ 7,000,000 52,538
TOTAL ALL BUDGET FUND GROUPS $ 45,014,838 $ 45,221,293 52,543
Elimination of Utility Forecasting Fund 52,546
On July 1, 1999, or as soon thereafter as possible, the 52,548
Director of Budget and Management shall transfer the cash balance 52,549
in the Utility Forecasting Fund (Fund 587) to the Public 52,550
Utilities Fund (Fund 5F6). The director shall cancel any 52,551
existing encumbrances against appropriation item 870-609, Utility
1142
Forecasting (Fund 587), and reestablish them against 52,552
appropriation item 870-622, Utility and Railroad Regulation (Fund 52,553
5F6).
Grade Crossing Protection Program 52,555
In appropriation item 870-614, Grade Crossing Protection 52,557
Devices - State, as determined by the Director of Budget and 52,558
Management, the amounts necessary to reestablish prior-year 52,559
encumbrances are hereby appropriated. 52,560
Section 84. RAC STATE RACING COMMISSION 52,562
State Special Revenue Fund Group 52,564
5C4 875-607 Simulcast Horse 52,567
Racing Purse $ 13,664,161 $ 13,989,559 52,569
562 875-601 Thoroughbred Race 52,571
Fund $ 4,327,786 $ 4,431,653 52,573
563 875-602 Standardbred 52,575
Development Fund $ 1,816,934 $ 1,858,533 52,577
564 875-603 Quarterhorse 52,579
Development Fund $ 8,000 $ 8,000 52,581
565 875-604 Racing Commission 52,583
Operating $ 3,975,039 $ 4,012,502 52,585
TOTAL SSR State Special Revenue 52,586
Fund Group $ 23,791,920 $ 24,300,247 52,589
Holding Account Redistribution Fund Group 52,592
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 52,597
TOTAL 090 Holding Account 52,598
Redistribution
Fund Group $ 212,900 $ 212,900 52,601
TOTAL ALL BUDGET FUND GROUPS $ 24,004,820 $ 24,513,147 52,604
Section 85. DRC DEPARTMENT OF REHABILITATION AND 52,607
CORRECTION 52,608
General Revenue Fund 52,610
GRF 501-321 Institutional 52,612
Operations $ 751,512,763 $ 790,304,677 52,614
GRF 501-403 Prisoner Compensation $ 9,257,805 $ 9,654,376 52,618
1143
GRF 501-405 Halfway House $ 31,948,765 $ 34,277,931 52,622
GRF 501-406 Lease Rental Payments $ 120,900,000 $ 129,500,000 52,626
GRF 501-407 Community 52,628
Nonresidential
Programs $ 15,986,812 $ 16,466,767 52,630
GRF 501-408 Community Misdemeanor 52,632
Programs $ 8,431,580 $ 8,676,220 52,634
GRF 501-501 Community Residential 52,636
Programs-CBCF $ 47,821,732 $ 52,895,295 52,639
GRF 502-321 Mental Health 52,641
Services $ 73,829,408 $ 75,809,266 52,643
GRF 503-321 Parole and Community 52,645
Operations $ 73,414,938 $ 73,040,275 52,647
GRF 504-321 Administrative 52,649
Operations $ 27,787,499 $ 28,016,367 52,651
GRF 505-321 Institution Medical 52,653
Services $ 122,883,126 $ 126,283,661 52,655
GRF 506-321 Institution Education 52,657
Services $ 22,753,530 $ 23,455,913 52,659
GRF 507-321 Institution Recovery 52,661
Services $ 6,337,366 $ 6,393,616 52,663
TOTAL GRF General Revenue Fund $1,312,865,324 $1,374,774,364 52,666
General Services Fund Group 52,668
4B0 501-601 Penitentiary Sewer 52,671
Treatment Facility
Services $ 1,414,841 $ 1,438,983 52,673
4D4 501-603 Prisoner Programs $ 19,401,160 $ 19,726,098 52,677
4L4 501-604 Transitional Control $ 374,648 $ 384,745 52,681
4S5 501-608 Education Services $ 3,957,494 $ 4,023,449 52,685
483 501-605 Property Receipts $ 346,822 $ 346,821 52,689
5H8 501-617 Offender Financial 52,691
Responsibility $ 406,627 $ 426,959 52,693
571 501-606 Training Academy 52,695
Receipts $ 69,903 $ 71,567 52,697
1144
593 501-618 Laboratory Services $ 4,450,486 $ 4,673,010 52,701
TOTAL GSF General Services 52,702
Fund Group $ 30,421,981 $ 31,091,632 52,705
Federal Special Revenue Fund Group 52,707
3S1 501-615 Truth-In-Sentencing 52,710
Grants $ 15,000,000 $ 15,000,000 52,712
323 501-619 Federal Grants $ 11,190,999 $ 9,548,001 52,716
TOTAL FED Federal Special Revenue 52,717
Fund Group $ 26,190,999 $ 24,548,001 52,720
Intragovernmental Service Fund Group 52,723
148 501-602 Services and 52,726
Agricultural $ 95,133,830 $ 100,126,370 52,728
200 501-607 Ohio Penal Industries $ 46,292,000 $ 47,679,999 52,732
TOTAL ISF Intragovernmental 52,733
Service Fund Group $ 141,425,830 $ 147,806,369 52,736
TOTAL ALL BUDGET FUND GROUPS $1,510,904,134 $1,578,220,366 52,739
Halfway House 52,742
Of the foregoing appropriation item 501-405, Halfway House, 52,744
$50,000 in fiscal year 2000 shall be distributed directly to the 52,746
Oriana House.
Ohio Building Authority Lease Payments 52,748
The foregoing appropriation item 501-406, Lease Rental 52,750
Payments, shall be used for payments to the Ohio Building 52,752
Authority for the period July 1, 1999, to June 30, 2001, pursuant 52,753
to the primary leases and agreements for those buildings made 52,754
under Chapter 152. of the Revised Code in the amount of
$250,400,000 which are the source of funds pledged for bond 52,755
service charges on related obligations issued pursuant to Chapter 52,757
152. of the Revised Code.
Prisoner Compensation 52,759
Money from the foregoing appropriation item 501-403, 52,761
Prisoner Compensation, shall be transferred on a quarterly basis 52,762
by intrastate transfer voucher to Fund 148 for the purposes of 52,764
paying prisoner compensation. 52,765
1145
Inmate Development Program 52,767
Of the foregoing appropriation item 503-321, Parole and 52,769
Community Operations, at least $30,000 in each fiscal year shall 52,770
be used for an inmate development program. 52,771
Section 86. RSC REHABILITATION SERVICES COMMISSION 52,773
General Revenue Fund 52,775
GRF 415-100 Personal Services $ 7,981,041 $ 7,865,107 52,780
GRF 415-401 Personal Care 52,782
Assistance $ 953,624 $ 972,551 52,784
GRF 415-402 Independent Living 52,786
Council $ 401,278 $ 410,909 52,788
GRF 415-403 Mental Health 52,790
Services $ 759,578 $ 777,807 52,792
GRF 415-404 MR/DD Services $ 1,335,275 $ 1,367,321 52,796
GRF 415-405 Vocational 52,798
Rehabilitation/Human
Services $ 568,620 $ 582,267 52,800
GRF 415-431 Office for People 52,802
with Brain Injury $ 197,921 $ 202,697 52,804
GRF 415-506 Services for People 52,806
with Disabilities $ 11,235,077 $ 11,531,180 52,808
GRF 415-508 Services for the Deaf $ 148,365 $ 149,526 52,812
GRF 415-509 Services for the 52,814
Elderly $ 380,602 $ 389,736 52,816
GRF 415-520 Independent Living 52,818
Services $ 61,492 $ 62,967 52,820
TOTAL GRF General Revenue Fund $ 24,022,873 $ 24,312,068 52,823
General Services Fund Group 52,826
4W5 415-606 Administrative 52,829
Expenses $ 17,263,146 $ 17,721,525 52,831
467 415-609 Business Enterprise 52,833
Operating Expenses $ 1,676,209 $ 1,723,110 52,835
TOTAL GSF General Services 52,836
Fund Group $ 18,939,355 $ 19,444,635 52,839
1146
Federal Special Revenue Fund Group 52,842
3L1 415-601 Social Security 52,845
Personal Care
Assistance $ 3,453,086 $ 3,701,386 52,847
3L1 415-605 Social Security 52,849
Community Centers for
the Deaf $ 1,100,488 $ 1,100,488 52,851
3L1 415-607 Social Security 52,853
Administration Cost $ 143,887 $ 139,760 52,855
3L1 415-608 Social Security 52,857
Special
Programs/Assistance $ 2,513,818 $ 2,513,818 52,859
3L1 415-610 Social Security 52,861
Vocational
Rehabilitation $ 1,452,000 $ 1,452,000 52,863
3L1 415-614 Social Security 52,865
Independent Living $ 294,454 $ 294,454 52,867
3L4 415-611 Federal-Independent 52,869
Living Council $ 192,645 $ 198,039 52,871
3L4 415-612 Federal-Independent 52,873
Living Centers or
Services $ 551,791 $ 567,241 52,875
3L4 415-615 Federal - Supported 52,877
Employment $ 1,441,674 $ 1,441,674 52,879
3L4 415-617 Independent 52,881
Living/Vocational
Rehabilitation
Programs $ 450,000 $ 450,000 52,883
317 415-620 Disability 52,885
Determination $ 63,511,419 $ 64,008,286 52,887
379 415-616 Federal-Vocational 52,889
Rehabilitation $ 114,858,693 $ 115,069,636 52,891
TOTAL FED Federal Special 52,892
Revenue Fund Group $ 189,963,955 $ 190,936,782 52,895
1147
State Special Revenue Fund Group 52,897
4L1 415-619 Services for 52,899
Rehabilitation $ 3,474,278 $ 3,450,658 52,901
468 415-618 Third Party Funding $ 5,125,634 $ 4,934,666 52,905
TOTAL SSR State Special 52,906
Revenue Fund Group $ 8,599,912 $ 8,385,324 52,909
TOTAL ALL BUDGET FUND GROUPS $ 241,526,095 $ 243,078,809 52,912
Stand Concessions Fund--Crediting of Income 52,915
In crediting interest and other income earned on moneys 52,917
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 52,918
of State and Director of Budget and Management shall ensure that 52,919
the requirements of section 3304.35 of the Revised Code are met. 52,920
Personal Care Assistance 52,922
The foregoing appropriation item 415-401, Personal Care 52,924
Assistance, shall be used in addition to the federal Social 52,925
Security reimbursement funds to provide personal care assistance 52,927
services. These funds shall not be used in lieu of the Social 52,928
Security reimbursement funds.
MR/DD Services 52,930
The foregoing appropriation item 415-404, MR/DD Services, 52,932
shall be used as state matching funds to provide vocational 52,933
rehabilitation services to mutually eligible clients between the 52,934
Rehabilitation Services Commission and the Department of Mental 52,936
Retardation and Developmental Disabilities. The Rehabilitation 52,937
Services Commission shall report to the Department of Mental 52,938
Retardation and Developmental Disabilities, as outlined in an 52,939
interagency agreement, on the number and status of mutually 52,940
eligible clients and the status of the funds and expenditures for 52,941
these clients.
Vocational Rehabilitation/Human Services 52,943
The foregoing appropriation item 415-405, Vocational 52,945
Rehabilitation/Human Services, shall be used as state matching 52,946
funds to provide vocational rehabilitation services to mutually 52,947
eligible clients between the Rehabilitation Services Commission 52,948
1148
and the Department of Human Services. The Rehabilitation 52,949
Services Commission shall report to the Department of Human 52,950
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 52,951
funds and expenditures for these clients. 52,952
Office for People with Brain Injury 52,954
Of the foregoing appropriation item 415-431, Office for 52,956
People with Brain Injury, $100,000 in each fiscal year shall be 52,957
used for the state match for a federal grant awarded through the 52,959
"Traumatic Brain Injury Act," Pub. L. No. 104-166. The remaining 52,960
appropriation in this item shall be used to plan and coordinate 52,961
head-injury-related services provided by state agencies and other 52,962
government or private entities, to assess the needs for such 52,963
services, and to set priorities in this area. 52,964
Services for the Deaf 52,966
The foregoing appropriation item 415-508, Services for the 52,968
Deaf, shall be used to supplement the federal Social Security 52,969
reimbursement funds used to provide grants to community centers 52,970
for the deaf. These funds shall not be used in lieu of Social 52,971
Security reimbursement funds. 52,972
Services for the Elderly 52,974
The foregoing appropriation item 415-509, Services for the 52,976
Elderly, shall be used as matching funds for vocational 52,977
rehabilitation services for eligible elderly citizens with a 52,978
disability. 52,979
Social Security Reimbursement Funds 52,981
Reimbursement funds received from the Social Security 52,983
Administration, United States Department of Health and Human 52,984
Services, for the costs of providing services and training to 52,985
return disability recipients to gainful employment, shall be used 52,986
in the Social Security Reimbursement Fund (Fund 3L1), as follows: 52,988
(A) Appropriation item 415-601, Social Security Personal 52,990
Care Assistance, to provide personal care services in accordance 52,992
with section 3304.41 of the Revised Code;
1149
(B) Appropriation item 415-605, Social Security Community 52,994
Centers for the Deaf, to provide grants to community centers for 52,996
the deaf in Ohio for services to individuals with hearing 52,997
impairments;
(C) Appropriation item 415-607, Social Security 52,999
Administration Cost, to provide administrative services needed to 53,001
administer the Social Security reimbursement program; 53,002
(D) Appropriation item 415-610, Social Security Vocational 53,004
Rehabilitation, to provide vocational rehabilitation services to 53,005
individuals with severe disabilities to achieve a noncompetitive 53,006
employment goal such as homemaker;
(E) Appropriation item 415-608, Social Security Special 53,008
Programs/Assistance, to provide vocational rehabilitation 53,009
services to individuals with severe disabilities, who are Social 53,010
Security beneficiaries, to achieve competitive employment. This 53,011
item also includes funds to assist the Personal Care Assistance, 53,012
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 53,013
Circular A-87. 53,014
Administrative Expenses 53,016
The foregoing appropriation item 415-606, Administrative 53,018
Expenses, shall be used to support the administrative functions 53,019
of the commission related to the provision of vocational 53,020
rehabilitation, disability determination services, and ancillary 53,021
programs.
Independent Living Council 53,023
The foregoing appropriation items 415-402, Independent 53,025
Living Council, and 415-611, Federal-Independent Living Council, 53,026
shall be used to fund the operations of the State Independent 53,027
Living Council.
Mental Health Services 53,029
The foregoing appropriation item 415-403, Mental Health 53,031
Services, shall be used for the provision of vocational 53,032
rehabilitation services to mutually eligible consumers of the 53,033
1150
Rehabilitation Services Commission and the Department of Mental 53,035
Health.
The Department of Mental Health shall receive a quarterly 53,037
report from the Rehabilitation Services Commission stating the 53,038
numbers served, numbers placed in employment, average hourly 53,040
wage, and average hours worked.
Independent Living Services 53,042
The foregoing appropriation items 415-520, Independent 53,044
Living Services, and 415-612, Federal-Independent Living Centers 53,045
or Services, shall be used to support state independent living 53,046
centers or independent living services pursuant to Title VII of 53,047
the "Independent Living Services and Centers for Independent 53,049
Living of the Rehabilitation Act Amendments of 1992," 106 Stat.
4344, 29 U.S.C.A. 796d. 53,050
Independent Living/Vocational Rehabilitation Programs 53,052
The foregoing appropriation item 415-617, Independent 53,054
Living/Vocational Rehabilitation Programs, shall be used to 53,055
support vocational rehabilitation programs, including, but not 53,056
limited to, Projects with Industry and Training Grants. 53,057
Section 87. RCB RESPIRATORY CARE BOARD 53,059
General Services Fund Group 53,061
4K9 872-609 Operating Expenses $ 266,576 $ 271,144 53,066
TOTAL GSF General Services 53,067
Fund Group $ 266,576 $ 271,144 53,070
TOTAL ALL BUDGET FUND GROUPS $ 266,576 $ 271,144 53,073
Section 88. REVENUE DISTRIBUTION FUNDS 53,076
Volunteer Firemen's Dependents Fund 53,078
085 800-900 Volunteer Firemen's 53,081
Dependents Fund $ 200,000 $ 200,000 53,083
TOTAL 085 Volunteer Firemen's 53,084
Dependents Fund $ 200,000 $ 200,000 53,087
Agency Fund Group 53,088
062 110-900 Resort Area Excise 53,090
Tax $ 250,000 $ 250,000 53,092
1151
063 110-900 Permissive Tax 53,094
Distribution $1,291,217,300 $1,342,814,000 53,096
067 110-900 School District 53,098
Income Tax Fund $ 145,000,000 $ 155,000,000 53,100
4P8 001-698 Cash Management 53,102
Improvement Fund $ 2,000,000 $ 2,000,000 53,104
608 001-699 Investment Earnings $ 345,000,000 $ 345,000,000 53,108
TOTAL AGY Agency Fund Group $1,783,467,300 $1,845,064,000 53,111
International Fuel Tax Distribution Fund 53,113
R45 110-617 International Fuel 53,116
Tax Distribution $ 44,100,000 $ 44,100,000 53,118
TOTAL R45 International Fuel Tax $ 44,100,000 $ 44,100,000 53,121
Distribution Fund
Revenue Distribution Fund Group 53,122
049 038-900 Indigent Drivers 53,124
Alcohol Treatment $ 1,900,000 $ 1,900,000 53,126
050 762-900 International 53,128
Registration Plan
Distribution $ 45,000,000 $ 47,250,000 53,130
051 762-901 Auto Registration 53,132
Distribution Fund $ 448,300,000 $ 448,300,000 53,134
060 110-900 Gasoline Excise Tax 53,136
Fund $ 110,977,700 $ 113,752,100 53,138
064 110-900 Local Government 53,140
Revenue Assistance $ 93,211,200 $ 97,797,000 53,142
065 110-900 Library/Local 53,144
Government Support
Fund $ 443,933,100 $ 472,336,200 53,146
066 800-900 Undivided Liquor 53,148
Permit Fund $ 13,300,000 $ 13,300,000 53,150
068 110-900 State/Local 53,152
Government Highway
Distribution Fund $ 222,487,300 $ 228,049,500 53,154
069 110-900 Local Government Fund $ 663,478,400 $ 695,579,000 53,158
1152
082 110-900 Horse Racing Tax Fund $ 250,000 $ 250,000 53,162
083 700-900 Ohio Fairs Fund $ 3,000,000 $ 3,000,000 53,166
TOTAL RDF Revenue Distribution 53,167
Fund Group $2,045,837,700 $2,121,513,800 53,170
TOTAL ALL BUDGET FUND GROUPS $3,873,605,000 $4,010,877,800 53,173
Distribution of Horse Racing Tax Fund 53,176
Notwithstanding division (K) of section 3769.08 of the 53,178
Revised Code, for fiscal years 2000 and 2001, the Tax 53,179
Commissioner shall provide for payment to the treasurer of each 53,180
agricultural society the amount of taxes collected under this 53,181
section upon racing conducted at and during the course of any
exposition or fair conducted by such society. 53,182
Additional Appropriations 53,184
Appropriation line items in this section are to be used for 53,186
the purpose of administering and distributing the designated 53,187
revenue distributions fund according to the Revised Code. If it 53,188
is determined that additional appropriations are necessary, such 53,189
amounts are hereby appropriated. 53,190
Section 89. SAN BOARD OF SANITARIAN REGISTRATION 53,192
General Services Fund Group 53,194
4K9 893-609 Operating Expenses $ 102,534 $ 102,252 53,199
TOTAL GSF General Services 53,200
Fund Group $ 102,534 $ 102,252 53,203
TOTAL ALL BUDGET FUND GROUPS $ 102,534 $ 102,252 53,206
Section 90. SOS SECRETARY OF STATE 53,209
General Revenue Fund 53,211
GRF 050-321 Operating Expenses $ 7,594,550 $ 7,724,452 53,216
GRF 050-403 Election Statistics $ 133,000 $ 150,000 53,220
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 53,224
GRF 050-409 Litigation 53,226
Expenditures $ 26,750 $ 26,750 53,228
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,191,202 53,231
General Services Fund Group 53,233
1153
4B9 050-608 Campaign Finance Disk 53,236
Sales $ 1,000 $ 1,000 53,238
4S8 050-610 Board of Voting 53,240
Machine Examiners $ 7,200 $ 7,200 53,242
413 050-601 Information Systems $ 181,900 $ 150,000 53,246
414 050-602 Citizen Education 53,248
Fund $ 30,000 $ 30,000 53,250
TOTAL General Services Fund Group $ 220,100 $ 188,200 53,253
State Special Revenue Fund Group 53,255
599 050-603 Business Services 53,258
Operating Expenses $ 5,200,000 $ 5,200,000 53,260
TOTAL SSR State Special Revenue 53,261
Fund Group $ 5,200,000 $ 5,200,000 53,264
Holding Account Redistribution Fund Group 53,266
R01 050-605 Uniform Commercial 53,269
Code Refunds $ 65,000 $ 65,000 53,271
R02 050-606 Corporate/Business 53,273
Filing Refunds $ 185,000 $ 185,000 53,275
TOTAL 090 Holding Account 53,276
Redistribution Fund Group $ 250,000 $ 250,000 53,279
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 13,829,402 53,282
Board of Voting Machine Examiners 53,285
The foregoing appropriation item 050-610, Board of Voting 53,287
Machine Examiners, shall be used to pay for the services and 53,288
expenses of the members of the Board of Voting Machine Examiners, 53,289
and for other expenses which are authorized to be paid from the 53,290
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 53,291
returned to the person or entity submitting the equipment for 53,292
examination. If it is determined that additional appropriations 53,293
are necessary, such amounts are hereby appropriated. 53,294
Holding Account Redistribution Group 53,296
The foregoing appropriation items 050-605 and 050-606, 53,298
Holding Account Redistribution Fund Group, shall be used to hold 53,299
1154
revenues until they are directed to the appropriate accounts or 53,300
until they are refunded. If it is determined that additional 53,301
appropriations are necessary, such amounts are hereby 53,302
appropriated.
Section 91. SEN THE OHIO SENATE 53,304
General Revenue Fund 53,306
GRF 020-321 Operating Expenses $ 11,289,045 $ 11,289,045 53,311
TOTAL GRF General Revenue Fund $ 11,289,045 $ 11,289,045 53,314
General Services Fund Group 53,316
102 020-602 Senate Reimbursement $ 402,744 $ 402,744 53,321
409 020-601 Miscellaneous Sales $ 30,980 $ 30,980 53,325
TOTAL GSF General Services 53,326
Fund Group $ 433,724 $ 433,724 53,329
TOTAL ALL BUDGET FUND GROUPS $ 11,722,769 $ 11,722,769 53,332
Section 92. CSF COMMISSIONERS OF THE SINKING FUND 53,335
General Revenue Fund 53,337
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 53,342
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 53,345
Debt Service Fund Group 53,347
071 155-900 Highway Obligations 53,350
Bond Retirement Fund $ 53,642,000 $ 51,636,000 53,352
072 155-900 Highway Capital 53,354
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 53,356
073 155-900 Natural Resources 53,358
Bond Retirement $ 12,865,000 $ 15,700,000 53,360
076 155-900 Coal Research and 53,362
Development Bond
Retirement Fund $ 5,690,000 $ 7,760,000 53,364
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 53,367
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 53,370
Additional Appropriations 53,372
Appropriation items in this section are for the purpose of 53,374
paying the principal and interest on bonds or other instruments 53,375
1155
of indebtedness of this state issued pursuant to the Ohio 53,376
Constitution and acts of the General Assembly. If it is 53,377
determined that additional appropriations are necessary, such 53,378
amounts are hereby appropriated. 53,379
Section 93. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 53,381
& AUDIOLOGY 53,382
General Services Fund Group 53,384
4K9 886-609 Operating Expenses $ 328,710 $ 325,685 53,388
TOTAL GSF General Services 53,389
Fund Group $ 328,710 $ 325,685 53,392
TOTAL ALL BUDGET FUND GROUPS $ 328,710 $ 325,685 53,395
Section 94. SLG STATE AND LOCAL GOVERNMENT 53,398
COMMISSION OF OHIO 53,399
General Revenue Fund 53,401
GRF 046-321 Operating Expenses $ 258,143 $ 264,713 53,406
TOTAL GRF General Revenue Fund $ 258,143 $ 264,713 53,409
TOTAL ALL BUDGET FUND GROUPS $ 258,143 $ 264,713 53,412
Section 95. BTA BOARD OF TAX APPEALS 53,415
General Revenue Fund 53,417
GRF 116-100 Personal Services $ 2,345,663 $ 2,259,296 53,422
GRF 116-200 Maintenance $ 130,350 $ 137,084 53,426
GRF 116-300 Equipment $ 6,965 $ 35,275 53,430
TOTAL GRF General Revenue Fund $ 2,482,978 $ 2,431,655 53,433
General Services Fund Group 53,436
439 116-602 Reproduction of 53,439
Decisions $ 10,000 $ 10,300 53,441
TOTAL GSF General Services 53,442
Fund Group $ 10,000 $ 10,300 53,445
TOTAL ALL BUDGET FUND GROUPS $ 2,492,978 $ 2,441,955 53,448
Section 96. TAX DEPARTMENT OF TAXATION 53,451
General Revenue Fund 53,453
GRF 110-321 Operating Expenses $ 90,709,806 $ 89,657,969 53,458
GRF 110-410 Energy Credit 53,460
Administration $ 697,653 $ 694,814 53,462
1156
GRF 110-412 Child Support 53,464
Administration $ 58,872 $ 60,285 53,466
GRF 110-506 Utility Bill Credits $ 7,500,000 $ 7,500,000 53,470
GRF 110-901 Property Tax 53,472
Allocation-Taxation $ 342,000,000 $ 362,140,000 53,474
GRF 110-906 Tangible Tax 53,476
Exemption - Taxation $ 28,000,000 $ 29,000,000 53,479
TOTAL GRF General Revenue Fund $ 468,966,331 $ 489,053,068 53,482
Agency Fund Group 53,484
425 110-635 Tax Refunds $1,041,325,000 $1,024,575,000 53,489
TOTAL AGY Agency Fund Group $1,041,325,000 $1,024,575,000 53,492
General Services Fund Group 53,495
433 110-602 Tape File Account $ 85,172 $ 87,557 53,500
TOTAL GSF General Services 53,501
Fund Group $ 85,172 $ 87,557 53,504
State Special Revenue Fund Group 53,507
4C6 110-616 International 53,510
Registration Plan $ 588,652 $ 622,127 53,512
4R6 110-610 Tire Tax 53,514
Administration $ 146,661 $ 150,768 53,516
435 110-607 Local Tax 53,518
Administration $ 10,846,962 $ 11,108,705 53,520
436 110-608 Motor Vehicle Audit $ 1,525,384 $ 1,569,645 53,524
437 110-606 Litter Tax and 53,526
Natural Resource Tax
Administration $ 1,340,059 $ 1,374,701 53,528
438 110-609 School District 53,530
Income Tax $ 2,657,080 $ 2,711,122 53,532
639 110-614 Cigarette Tax 53,534
Enforcement $ 147,891 $ 151,711 53,536
642 110-613 Ohio Political Party 53,538
Distributions $ 800,000 $ 800,000 53,540
688 110-615 Local Excise Tax 53,542
Administration $ 335,218 $ 343,721 53,544
1157
TOTAL SSR State Special Revenue 53,545
Fund Group $ 18,387,907 $ 18,832,500 53,548
Federal Special Revenue Fund Group 53,551
3J6 110-601 Motor Fuel Compliance $ 78,817 $ 50,000 53,556
3J7 110-603 International Fuel 53,558
Tax Agreement $ 92,471 $ 80,000 53,560
TOTAL FED Federal Special Revenue 53,561
Fund Group $ 171,288 $ 130,000 53,564
Holding Account Redistribution Fund Group 53,567
R10 110-611 Tax Distributions $ 200,000 $ 200,000 53,572
R11 110-612 Miscellaneous Income 53,574
Tax Receipts $ 500,000 $ 500,000 53,576
TOTAL 090 Holding Account 53,577
Redistribution Fund Group $ 700,000 $ 700,000 53,580
TOTAL ALL BUDGET FUND GROUPS $1,529,635,698 $1,533,378,125 53,583
Litter Control Tax Administration Fund 53,586
Notwithstanding section 5733.12 of the Revised Code, during 53,588
the period from July 1, 1999, to June 30, 2000, the amount of 53,589
$1,340,059, and during the period from July 1, 2000, to June 30, 53,590
2001, the amount of $1,374,701, received by the Treasurer of 53,591
State under Chapter 5733. of the Revised Code, shall be credited 53,592
to the Litter Control Tax Administration Fund (Fund 437). The
Director of Budget and Management shall provide the Treasurer of 53,593
State with a monthly schedule in accordance with which the 53,594
amounts shall be credited.
International Registration Plan Audit 53,596
The foregoing appropriation item 110-616, International 53,598
Registration Plan, shall be used pursuant to section 5703.12 of 53,599
the Revised Code for audits of persons with vehicles registered 53,601
under the International Registration Plan. 53,602
Homestead Exemption, Property Tax Rollback, and Tangible 53,604
Tax Exemption 53,605
The appropriation item 110-901, Property Tax Allocation - 53,607
Taxation, made to the Department of Taxation, is appropriated to 53,608
1158
pay for the state's costs incurred due to the Homestead Exemption 53,609
and the Property Tax Rollback. The Tax Commissioner shall 53,610
distribute these funds directly to the appropriate local taxing 53,611
districts of the state, except for school districts,
notwithstanding the provisions in sections 321.24 and 323.156 of 53,612
the Revised Code, which provide for payment of the Homestead 53,613
Exemption and Property Tax Rollback by the Tax Commissioner to 53,614
the appropriate county treasurer and the subsequent 53,615
redistribution of these funds to the appropriate local taxing
districts by the county auditor. 53,616
The appropriation item 110-906, Tangible Tax Exemption - 53,618
Taxation, made to the Department of Taxation, is appropriated to 53,619
pay for the state's costs incurred due to the tangible personal 53,620
property tax exemption required by division (C)(3) of section 53,621
5709.01 of the Revised Code. The Tax Commissioner shall
distribute to each county treasurer the total amount certified by 53,622
the county treasurer pursuant to section 319.311 of the Revised 53,623
Code for all local taxing districts located in the county except 53,624
for school districts, notwithstanding the provision in section 53,625
319.311 of the Revised Code which provides for payment of the 53,626
$10,000 tangible personal property tax exemption by the Tax
Commissioner to the appropriate county treasurer for all local 53,627
taxing districts located in the county including school 53,628
districts. Pursuant to division (G) of section 321.24 of the 53,629
Revised Code, the county auditor shall distribute the amount paid 53,630
by the Tax Commissioner among the appropriate local taxing 53,631
districts except for school districts.
Upon receipt of these amounts, each local taxing district 53,633
shall distribute the amount among the proper funds as if it had 53,634
been paid as real or tangible personal property taxes. Payments 53,635
for the costs of administration shall continue to be paid to the 53,636
county treasurer and county auditor as provided for in sections 53,637
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 53,639
1159
appropriated in appropriation items 110-901, Property Tax 53,640
Allocation - Taxation, for the Homestead Exemption and the 53,641
Property Tax Rollback payments, and 110-906, Tangible Tax 53,642
Exemption, for the $10,000 tangible personal property tax
exemption payments, which are determined to be necessary for 53,643
these purposes, are hereby appropriated. 53,644
Section 97. DOT DEPARTMENT OF TRANSPORTATION 53,646
Transportation Modes 53,647
General Revenue Fund 53,649
GRF 775-451 Public Transportation 53,652
- State $ 27,970,941 $ 28,589,210 53,654
GRF 775-453 Waterfront Line Lease 53,656
Payments - State $ 1,781,000 $ 1,786,000 53,658
GRF 775-456 Public 53,660
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 53,663
GRF 775-458 Elderly and Disabled 53,665
Fare Assistance $ 3,285,159 $ 3,364,000 53,667
GRF 776-465 Ohio Rail Development 53,669
Commission $ 5,805,000 $ 5,780,800 53,671
GRF 777-471 Airport Improvements 53,673
- State $ 2,665,000 $ 2,679,525 53,675
GRF 777-473 Rickenbacker Lease 53,677
Payments - State $ 995,000 $ 997,000 53,679
TOTAL GRF General Revenue Fund $ 45,878,000 $ 46,653,457 53,682
Federal Special Revenue Fund Group 53,685
3B9 776-662 Rail Transportation - 53,688
Federal $ 1,000,000 $ 1,000,000 53,690
TOTAL FSR Federal Special Revenue 53,691
Fund Group $ 1,000,000 $ 1,000,000 53,694
State Special Revenue Fund Group 53,697
4N4 775-454 Public Transportation 53,700
- Other $ 9,000,000 $ 9,000,000 53,702
1160
4N4 776-663 Panhandle Lease 53,704
Payments $ 769,000 $ 770,000 53,706
4N4 776-664 Rail Transportation - 53,708
Other $ 500,000 $ 500,000 53,710
TOTAL SSR State Special Revenue 53,711
Fund Group $ 2,169,000 $ 2,170,000 53,714
TOTAL ALL BUDGET FUND GROUPS $ 49,047,000 $ 49,823,457 53,717
Aviation Lease Payments 53,720
The foregoing appropriation item 777-473, Rickenbacker 53,722
Lease Payments - State, shall be used to meet scheduled payments 53,723
for the Rickenbacker Port Authority. The Director of 53,724
Transportation shall certify to the Director of Budget and 53,725
Management any appropriations in appropriation item 777-473, 53,726
Rickenbacker Lease Payments - State, that are not needed to make 53,727
lease payments for the Rickenbacker Port Authority. 53,728
Notwithstanding section 127.14 of the Revised Code, the amount 53,729
certified may be transferred by the Director of Budget and 53,730
Management to appropriation item 777-471, Airport Improvements - 53,731
State.
Transfer of Appropriations - Public Transportation 53,733
The Director of Budget and Management may approve requests 53,735
from the Department of Transportation for the transfer of 53,736
appropriations among appropriation item 775-451, Public 53,737
Transportation - State, appropriation item 775-456, Public
Transportation/Discretionary Capital, and appropriation item 53,738
775-458, Elderly and Disabled Fare Assistance. Transfers among 53,739
appropriation items shall be made upon the written request of the 53,741
Director of Transportation with the approval of the Director of 53,743
Budget and Management. Such transfers shall be reported to the 53,744
Controlling Board at the next regularly scheduled meeting of the 53,745
board.
Section 98. TOS TREASURER OF STATE 53,747
General Revenue Fund 53,749
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 53,754
1161
GRF 090-401 Commissioners of the 53,756
Sinking Fund $ 370,530 $ 381,400 53,758
GRF 090-402 Continuing Education $ 413,278 $ 442,207 53,762
GRF 090-510 PERS Cost of Living $ 136 $ 100 53,766
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 53,770
GRF 090-512 SERS Cost of Living $ 600 $ 600 53,774
GRF 090-520 PERS Pension Benefits $ 77,470 $ 25,850 53,778
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 53,782
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 53,786
GRF 090-523 Highway Patrol 53,788
Retirement System $ 4,156 $ 4,050 53,790
GRF 090-524 Police and Fire 53,792
Disability Pension $ 50,000 $ 45,000 53,794
GRF 090-530 PERS Ad Hoc Cost of 53,796
Living $ 616,410 $ 472,897 53,798
GRF 090-531 STRS Ad Hoc Cost of 53,800
Living $ 1,600,000 $ 1,500,000 53,802
GRF 090-532 SERS Ad Hoc Cost of 53,804
Living $ 236,000 $ 213,000 53,806
GRF 090-533 Hwy Patrol Ad Hoc 53,808
Cost of Living $ 24,990 $ 24,800 53,810
GRF 090-534 Police & Fire Ad Hoc 53,812
Cost of Living $ 325,000 $ 300,000 53,814
GRF 090-544 Police and Fire State 53,816
Contribution $ 1,200,000 $ 1,200,000 53,818
GRF 090-554 Police and Fire 53,820
Survivor Benefits $ 1,740,000 $ 1,670,000 53,822
GRF 090-575 Police and Fire Death 53,824
Benefits $ 19,980,000 $ 21,280,000 53,826
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 53,830
TOTAL GRF General Revenue Fund $ 157,316,656 $ 167,600,937 53,833
General Services Fund Group 53,836
182 090-608 Financial Planning 53,839
Commissions $ 12,000 $ 12,000 53,841
1162
4E9 090-603 Securities Lending 53,843
Income Fund $ 5,185,804 $ 6,169,140 53,845
4NO 090-611 Treasury Education 53,847
Fund $ 27,500 $ 27,500 53,849
577 090-605 Investment Pool 53,851
Reimbursement $ 1,000,000 $ 750,000 53,853
605 090-609 Treasurer of State 53,855
Administrative Fund $ 850,000 $ 600,000 53,857
TOTAL GSF General Services 53,858
Fund Group $ 7,075,304 $ 7,558,640 53,861
Debt Service Fund Group 53,864
077 090-900 Capital Improvements 53,867
Bond Service $ 122,500,000 $ 132,365,000 53,869
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 53,872
State Special Revenue Fund Group 53,874
5C5 090-602 County Treasurer 53,877
Education $ 110,000 $ 110,000 53,879
TOTAL SSR State Special Revenue 53,880
Fund Group $ 110,000 $ 110,000 53,883
TOTAL ALL BUDGET FUND GROUPS $ 287,001,960 $ 307,634,577 53,886
Section 98.01. Commissioners of the Sinking Fund 53,889
The foregoing appropriation item 090-401, Commissioners of 53,891
the Sinking Fund, shall be used for all costs incurred by order 53,892
of, or on behalf of, the Commissioners of the Sinking Fund, with 53,893
respect to the issuance and sale of bonds or other obligations, 53,894
including, but not limited to, engraving, printing, advertising, 53,895
and other related outlays. The General Revenue Fund shall be 53,896
reimbursed for such costs on intrastate transfer voucher drawn by 53,898
the Commissioners of the Sinking Fund, pursuant to a
certification by the Treasurer of State of the actual amounts 53,900
used. The amounts necessary to make such reimbursements are 53,901
hereby appropriated from the bond retirement funds created by the 53,902
laws and Constitution of this state to the extent such costs are 53,903
incurred.
1163
Capital Improvements Bond Service 53,905
The foregoing appropriation item 090-900, Capital 53,907
Improvements Bond Service, shall be used for the purpose of 53,908
paying the principal and interest on General Obligation 53,909
Infrastructure Improvement Bonds issued pursuant to the Ohio 53,910
Constitution and acts of the General Assembly. If it is 53,911
determined that additional appropriations are necessary, such 53,912
amounts are hereby appropriated. 53,913
Section 98.02. Police and Firemen's Death Benefit Fund 53,916
The foregoing appropriation item 090-575, Police and Fire 53,918
Death Benefits, shall be disbursed by the Treasurer of State in 53,919
quarterly payments at the beginning of each quarter to the Board 53,920
of Trustees of the Police and Firemen's Disability and Pension 53,921
Fund. By the twentieth day of June of each year, the Board of 53,922
Trustees of the Police and Firemen's Disability and Pension Fund 53,923
shall certify to the Treasurer of State the amount disbursed in 53,924
each quarter of the current fiscal year to make the payments 53,925
required by section 742.63 of the Revised Code and shall return 53,926
to the Treasurer of State moneys received from this item but not 53,927
disbursed.
Section 98.03. Local Government Y2K Program 53,929
The Treasurer of State may use up to $20 million over the 53,931
1999-2001 biennium from the Linked Deposit Program to implement a 53,932
Local Government Y2K Program. The program will assist county, 53,933
municipal corporation, and township governments with computer 53,934
system and related technical adaptations needed for the accurate 53,935
reading of century dates, or Y2K compliance.
Section 99. UST PETROLEUM UNDERGROUND STORAGE TANK 53,937
RELEASE COMPENSATION BOARD 53,938
State Special Revenue Fund Group 53,940
691 810-632 PUSTRCB Staff $ 908,000 $ 927,924 53,945
TOTAL SSR State Special Revenue 53,946
Fund Group $ 908,000 $ 927,924 53,949
TOTAL ALL BUDGET FUND GROUPS $ 908,000 $ 927,924 53,952
1164
Section 100. OVH OHIO VETERANS' HOME 53,955
General Revenue Fund 53,957
GRF 430-100 Personal Services $ 13,756,623 $ 13,678,901 53,962
GRF 430-200 Maintenance $ 5,077,497 $ 5,259,631 53,966
TOTAL GRF General Revenue Fund $ 18,834,120 $ 18,938,532 53,969
Federal Special Revenue Fund Group 53,972
3L2 430-601 Federal Grants $ 7,949,495 $ 7,949,495 53,977
TOTAL FED Federal Special Revenue 53,978
Fund Group $ 7,949,495 $ 7,949,495 53,981
State Special Revenue Fund Group 53,984
4E2 430-602 Veterans Home 53,987
Operating $ 4,400,000 $ 4,300,000 53,989
484 430-603 Rental and Service 53,991
Revenue $ 102,300 $ 104,755 53,993
604 430-604 Veterans Home 53,995
Improvement $ 593,175 $ 607,411 53,997
TOTAL SSR State Special Revenue 53,998
Fund Group $ 5,095,475 $ 5,012,166 54,001
TOTAL ALL BUDGET FUND GROUPS $ 31,879,090 $ 31,900,193 54,004
Section 101. VET VETERANS' ORGANIZATIONS 54,007
General Revenue Fund 54,009
VAP AMERICAN EX-PRISONERS OF WAR 54,010
GRF 743-501 State Support $ 24,444 $ 25,030 54,015
VAN ARMY AND NAVY UNION, USA, INC. 54,017
GRF 746-501 State Support $ 53,723 $ 55,012 54,022
VKW KOREAN WAR VETERANS 54,024
GRF 747-501 State Support $ 48,294 $ 49,453 54,029
VJW JEWISH WAR VETERANS 54,031
GRF 748-501 State Support $ 29,018 $ 29,715 54,036
VCW CATHOLIC WAR VETERANS 54,038
GRF 749-501 State Support $ 56,631 $ 57,990 54,043
VPH MILITARY ORDER OF THE PURPLE HEART 54,045
GRF 750-501 State Support $ 55,056 $ 56,377 54,050
VVV VIETNAM VETERANS OF AMERICA 54,052
1165
GRF 751-501 State Support $ 177,947 $ 185,954 54,057
VAL AMERICAN LEGION OF OHIO 54,059
GRF 752-501 State Support $ 241,462 $ 252,328 54,064
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 54,066
GRF 753-501 State Support $ 708,535 $ 217,919 54,071
VAV DISABLED AMERICAN VETERANS 54,073
GRF 754-501 State Support $ 159,146 $ 166,308 54,078
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 54,080
GRF 755-501 State Support $ 4,127 $ 4,226 54,085
VMC MARINE CORPS LEAGUE 54,087
GRF 756-501 State Support $ 82,270 $ 85,972 54,092
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 54,094
GRF 757-501 State Support $ 5,807 $ 5,946 54,099
VFW VETERANS OF FOREIGN WARS 54,101
GRF 758-501 State Support $ 163,846 $ 196,615 54,106
VWI VETERANS OF WORLD WAR I 54,108
GRF 759-501 State Support $ 24,444 $ 25,031 54,113
TOTAL GRF General Revenue Fund $ 1,834,750 $ 1,413,876 54,116
TOTAL ALL BUDGET FUND GROUPS $ 1,834,750 $ 1,413,876 54,119
Release of Funds 54,122
The foregoing appropriation items 743-501, 746-501, 54,124
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 54,125
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 54,126
Support, shall be released upon approval by the Director of 54,127
Budget and Management.
American Ex-Prisoners of War 54,129
The American Ex-Prisoners of War shall be permitted to 54,131
share an office with the Veterans of World War I. 54,132
Central Ohio United Services Organization 54,134
Of the foregoing appropriation item 751-501, State Support, 54,136
Vietnam Veterans of America, $50,000 in each fiscal year shall be 54,138
used to support the activities of the Central Ohio USO. 54,139
National World War II Memorial Fund 54,141
Of the foregoing appropriation item 753-501, State Support, 54,143
1166
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 54,144
2000 shall be used for the contribution to the National World War 54,145
II Memorial Fund. The Director of Budget and Management shall 54,146
not release any funds for the National World War II Memorial 54,147
until the project has commenced construction and the national
capital campaign has received ninety per cent of its goal through 54,148
cash received or commitments. 54,149
Section 102. DVM STATE VETERINARY MEDICAL BOARD 54,151
General Services Fund Group 54,153
4K9 888-609 Operating Expenses $ 476,815 $ 470,773 54,158
TOTAL GSF General Services 54,159
Fund Group $ 476,815 $ 470,773 54,162
TOTAL ALL BUDGET FUND GROUPS $ 476,815 $ 470,773 54,165
Section 103. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 54,168
General Revenue Fund 54,170
GRF 920-321 Operating Expenses $ 256,395 $ 256,836 54,175
TOTAL GRF General Revenue Fund $ 256,395 $ 256,836 54,178
State Special Revenue Fund Group 54,181
4V9 920-602 Women's Policy and 54,184
Research Commission
Fund $ 5,000 $ 5,000 54,186
TOTAL SSR State Special Revenue 54,187
Fund Group $ 5,000 $ 5,000 54,190
TOTAL ALL BUDGET FUND GROUPS $ 261,395 $ 261,836 54,193
Women's Policy and Research Commission Spending Review 54,196
The Women's Policy and Research Commission shall explore, 54,198
with The Ohio State University or any other state university, 54,199
better options for utilizing state resources provided to the 54,200
commission. The commission shall make spending efficiency 54,201
recommendations to the Governor and the General Assembly by June
30, 2000. 54,202
Section 104. DYS DEPARTMENT OF YOUTH SERVICES 54,204
General Revenue Fund 54,206
GRF 470-401 RECLAIM Ohio $ 148,126,420 $ 156,117,444 54,211
1167
GRF 470-402 Community Program 54,213
Services $ 2,387,163 $ 2,418,255 54,215
GRF 470-404 Vocational 54,217
Rehabilitation $ 262,144 $ 268,435 54,219
GRF 470-412 Lease Rental Payments $ 13,675,000 $ 16,300,000 54,223
GRF 470-501 Rehabilitation 54,225
Subsidy $ 2,271,193 $ 2,271,193 54,227
GRF 470-502 Detention Subsidy $ 5,884,408 $ 5,839,502 54,231
GRF 470-510 Youth Services $ 21,245,799 $ 21,755,698 54,235
GRF 472-321 Parole Operations $ 16,529,366 $ 16,920,719 54,239
GRF 474-321 Facilities Activation $ 3,000,000 $ 0 54,243
GRF 477-321 Administrative 54,245
Operations $ 13,574,689 $ 13,892,543 54,247
GRF 477-406 Interagency 54,249
Collaborations $ 250,000 $ 250,000 54,251
TOTAL GRF General Revenue Fund $ 227,206,182 $ 236,033,789 54,254
General Services Fund Group 54,257
175 470-613 Education 54,260
Reimbursement $ 8,234,088 $ 8,433,953 54,262
4A2 470-602 Child Support $ 207,192 $ 302,659 54,266
4G6 470-605 General Operational 54,268
Funds $ 10,000 $ 10,000 54,270
479 470-609 Employee Food Service $ 142,613 $ 140,263 54,274
523 470-621 Wellness Program $ 63,800 $ 63,800 54,278
TOTAL GSF General Services 54,279
Fund Group $ 8,657,693 $ 8,950,675 54,282
Federal Special Revenue Fund Group 54,285
321 470-601 Education $ 1,267,834 $ 1,653,736 54,290
321 470-603 Juvenile Justice 54,292
Prevention $ 1,134,083 $ 1,129,410 54,294
321 470-606 Nutrition $ 2,719,093 $ 2,795,228 54,298
321 470-610 Rehabilitation 54,299
Programs $ 179,326 $ 179,326 54,301
1168
321 470-614 Title IV-E 54,303
Reimbursements $ 5,628,234 $ 5,417,088 54,305
321 470-617 Americorps Programs $ 248,617 $ 248,617 54,308
TOTAL FED Federal Special Revenue 54,309
Fund Group $ 11,177,187 $ 11,423,405 54,312
State Special Revenue Fund Group 54,315
147 470-612 Vocational Education $ 1,864,791 $ 1,911,569 54,320
TOTAL SSR State Special Revenue 54,321
Fund Group $ 1,864,791 $ 1,911,569 54,324
TOTAL ALL BUDGET FUND GROUPS $ 248,905,853 $ 258,319,438 54,327
Ohio Building Authority Lease Payments 54,330
The foregoing appropriation item 470-412, Lease Rental 54,332
Payments, in the Department of Youth Services, shall be used for 54,333
payments, limited to the aggregate amount of $29,975,000, to the 54,334
Ohio Building Authority for the period from July 1, 1999, to June 54,335
30, 2001, pursuant to the primary leases and agreements for 54,336
facilities made under Chapter 152. of the Revised Code which are 54,337
the source of funds pledged for bond service charges on related 54,338
obligations issued pursuant to Chapter 152. of the Revised Code. 54,339
RECLAIM Ohio 54,341
In determining the amount of moneys necessary to fund the 54,343
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal 54,344
years 2000 and 2001, the Department of Youth Services shall 54,345
compute the number of state target youth for each fiscal year. 54,346
As defined in section 5139.01 of the Revised Code, "state target 54,348
youth" means twenty-five per cent of the projected total number 54,349
of felony-level delinquency adjudications in the juvenile courts 54,350
for each year of a biennium, factoring in revocations and 54,351
recommitments. The foregoing appropriation item 470-401, RECLAIM 54,352
Ohio, shall provide for an amount not less than $98 per day for 54,353
each state target youth or not less than $20,000 per year for 54,354
each state target youth for each year of the biennium. 54,355
Of the foregoing appropriation item 470-401, RECLAIM Ohio, 54,357
$50,000 in each fiscal year shall be distributed to Lighthouse 54,358
1169
Youth Services.
Community Program Services 54,360
Of the foregoing appropriation item 470-402, Community 54,362
Program Services, $25,000 in each fiscal year shall be used for 54,363
the City of Cincinnati parental responsibility program. Of the 54,364
foregoing appropriation item 470-402, Community Program Services, 54,365
$25,000 in fiscal year 2000 shall be distributed to the Artworks 54,366
Youth Employment Program. 54,367
Vocational Rehabilitation 54,369
The Department of Youth Services and the Rehabilitation 54,371
Services Commission shall enter into an interagency agreement for 54,372
the provision of vocational rehabilitation services and staff to 54,373
mutually eligible clients. The foregoing appropriation item 54,374
470-404, Vocational Rehabilitation, shall be used to provide 54,375
vocational rehabilitation services and staff in accordance with 54,376
the interagency agreement. The Department of Youth Services may 54,377
transfer additional moneys to appropriation item 470-404, 54,378
Vocational Rehabilitation, with Controlling Board approval. 54,379
Detention Subsidy 54,381
Notwithstanding any law or rule to the contrary, of the 54,383
foregoing appropriation item 470-502, Detention Subsidy, $235,000 54,384
in fiscal year 2000 shall be distributed to the Muskingum County 54,385
Detention Center. 54,386
Employee Food Service and Equipment 54,388
Notwithstanding section 125.14 of the Revised Code, the 54,390
foregoing appropriation item 470-609, Employee Food Service, may 54,391
be used to purchase any food operational items with funds 54,392
received into the fund from reimbursement for state surplus 54,393
property.
Education Reimbursement 54,395
The foregoing appropriation item 470-613, Education 54,397
Reimbursement, shall be used to fund the operating expenses of 54,398
providing educational services to youth supervised by the 54,399
Department of Youth Services. Operating expenses include, but 54,400
1170
are not limited to, teachers' salaries, maintenance costs, and 54,401
educational equipment. This appropriation item shall not be used 54,402
for capital expenses. 54,403
Financial Assistance for Juvenile Rehabilitation and 54,405
Treatment Facilities
Pursuant to section 5139.28 of the Revised Code, grants 54,407
awarded for financial assistance for the operation and 54,408
maintenance of schools or other facilities shall be in an amount 54,409
not to exceed one-half of the cost of operating and maintaining 54,410
such schools or facilities, but may not exceed in any one month 54,412
$540 multiplied by the average daily enrollment in each fiscal 54,413
year.
Financial Assistance for Juvenile Detention Facilities 54,415
Pursuant to section 5139.281 of the Revised Code, funding 54,417
provided to a county for the operation and maintenance of each 54,418
home shall be in an amount of fifty per cent of the approved 54,419
annual operating cost, but shall not be in excess of $156,928 in 54,420
each fiscal year. 54,421
Section 105. Investment Earnings on Tobacco Master 54,423
Settlement Agreement Fund 54,424
All investment earnings on moneys deposited in the Tobacco 54,426
Master Settlement Agreement Fund (Fund 087), which was created by 54,427
the Controlling Board on March 15, 1999, shall be credited to the 54,428
Tobacco Master Settlement Agreement Fund (Fund 087). On July 1, 54,429
1999, or as soon thereafter as possible, the Director of Budget 54,430
and Management shall transfer the investment earnings on Fund 087 54,431
for fiscal year 1999, which were credited to the General Revenue
Fund, from the General Revenue Fund to Fund 087. 54,432
Section 106. OPLIN Technology Fund 54,434
The Director of Budget and Management shall transfer any 54,436
amount remaining in the OPLIN Technology Fund at the end of 54,437
fiscal year 1999 to the General Revenue Fund. 54,438
Section 107. Local OBES/ODHS Integration Initiatives 54,440
In anticipation of the merger of the Ohio Department of 54,442
1171
Human Services (ODHS) and the Ohio Bureau of Employment Services 54,443
(OBES) into the Ohio Department of Job and Family Services, and 54,444
as part of the implementation of the federal Work Force 54,445
Investment Act (WIA), local integration initiatives may be
established jointly by OBES and ODHS in fiscal year 2000 or 2001. 54,446
In one or more of the initiatives, a local work force development 54,447
board may be created and appointed by local elected officials to 54,448
replace the current existing service delivery areas (SDAs) - 54,449
private industry council (PIC), the job service employer
committee, and the county human services planning committee, and 54,450
to serve as the federally required work force investment board if 54,452
the area qualifies. In serving in that capacity for the
aforementioned boards, the work force development board shall 54,453
provide direct oversight of the funding and operations of 54,454
programs such as the Ohio Works First Program, Job Training 54,455
Partnership Act (JTPA)/(WIA) Programs, and other State of Ohio
employment and training/work force development activities carried 54,456
out by the Ohio Bureau of Employment Services and the local 54,457
county department of human services. A work force development 54,458
board that replaces a county human services planning committee 54,459
shall perform the committee's duties under sections 307.98, 54,460
329.02, and 329.06 of the Revised Code. The initiatives may be 54,461
expanded to include surrounding counties with the approval of 54,462
local elected officials and the Directors of the Ohio Department 54,463
of Human Services and the Ohio Bureau of Employment Services. In
addition to these oversight functions, the work force development 54,464
board through the State of Ohio and local partners shall provide 54,465
planning and coordination related to all vocational, educational, 54,466
and employment and training programs requiring coordination under 54,467
the WIA within the county. The local board of county 54,469
commissioners or other local elected officials shall perform the 54,470
administrative functions for the local initiatives and provide
monthly information to the Directors of ODHS and OBES concerning 54,471
the operational issues, services, finances, and performance 54,472
1172
measures that must be correctly addressed for successful 54,473
implementation of the Work Force Investment Act.
Section 108. Adult Emergency Assistance Program 54,475
Appropriations in appropriation item 400-512, Non-TANF 54,477
Emergency Assistance, in fiscal year 2000 and appropriations in 54,479
appropriation item 600-512, Non-TANF Emergency Assistance, in 54,480
fiscal year 2001 shall be used for the Adult Emergency Assistance 54,481
Program established under section 5101.86 of the Revised Code. 54,482
Section 109. Expenditure of Funds 54,484
Any moneys which the Controlling Board authorizes for 54,486
expenditure pursuant to section 131.35 of the Revised Code are 54,487
hereby appropriated for the period ending June 30, 2001. 54,488
Section 110. Unexpected Refunds 54,490
Any refunds which the Controlling Board authorizes pursuant 54,492
to section 131.39 of the Revised Code are hereby appropriated for 54,493
the period ending June 30, 2001. 54,494
Section 111. Personal Service Expenses 54,496
Unless otherwise prohibited by law, each appropriation in 54,498
this act from which personal service expenses are paid shall bear 54,499
the employer's share of public employees' retirement, workers' 54,500
compensation, disabled workers' relief, and all group insurance 54,501
programs; the costs of centralized accounting, centralized 54,502
payroll processing, and related personnel reports and services; 54,503
the cost of the Office of Collective Bargaining; the cost of the 54,504
Personnel Board of Review; the cost of the Employee Assistance 54,505
Program; the cost of the Equal Opportunity Center; the costs of 54,506
interagency information management infrastructure; and the cost 54,507
of administering the state employee merit system as required by 54,508
section 124.07 of the Revised Code. Such costs shall be 54,509
determined in conformity with appropriate sections of law and 54,510
paid in accordance with procedures specified by the Office of 54,511
Budget and Management. Expenditures from appropriation item 54,512
070-601, Public Audit Expense - Local Government, in Fund 422 may 54,513
be exempt from the requirements of this section. 54,514
1173
Section 112. Reissuance of Voided Warrants 54,516
In order to provide funds for the reissuance of voided 54,518
warrants pursuant to section 117.47 of the Revised Code, there is 54,519
hereby appropriated, out of moneys in the state treasury from the 54,520
fund credited as provided in section 117.47 of the Revised Code, 54,521
that amount sufficient to pay such warrants when approved by the 54,522
Office of Budget and Management. 54,523
Section 113.* Capital Project Settlements 54,525
This section specifies an additional and supplemental 54,527
procedure to provide for payments of judgments and settlements if 54,528
the Director of Budget and Management determines, pursuant to 54,529
division (C)(4) of section 2743.19 of the Revised Code, that 54,530
sufficient unencumbered moneys do not exist in the particular 54,531
appropriation to pay the amount of a final judgment rendered 54,532
against the state or a state agency, including the settlement of 54,533
a claim approved by a court, in an action upon and arising out of 54,534
a contractual obligation for the construction or improvement of a 54,535
capital facility if the costs under such contract were payable in 54,536
whole or in part from a state capital projects appropriation. In 54,537
such a case, the director may either proceed pursuant to division 54,538
(C)(4) of section 2743.19 of the Revised Code, or apply to the 54,539
Controlling Board to increase an appropriation or create an 54,541
appropriation out of any unencumbered moneys in the state 54,542
treasury to the credit of the capital projects fund from which 54,543
the initial state appropriation was made. The Controlling Board 54,544
may approve or disapprove the application as submitted or 54,545
modified. The amount of an increase in appropriation or new 54,546
appropriation specified in an application approved by the 54,547
Controlling Board is hereby appropriated from the applicable 54,548
capital projects fund and made available for the payment of the 54,549
judgment or settlement.
If the director does not make the application authorized by 54,551
this section or the Controlling Board disapproves the 54,552
application, and the director does not make application pursuant 54,553
1174
to division (C)(4) of section 2743.19 of the Revised Code, the 54,554
director shall for the purpose of making that payment request to 54,555
the General Assembly as provided for in division (C)(5) of that 54,556
section.
Section 114. Income Tax Distribution to Counties 54,558
There are hereby appropriated out of any moneys in the 54,560
state treasury to the credit of the General Revenue Fund, which 54,561
are not otherwise appropriated, funds sufficient to make any 54,562
payment required by division (B)(2) of section 5747.03 of the 54,563
Revised Code. 54,564
Section 115. Satisfaction of Judgments and Settlements 54,566
Against the State 54,567
An appropriation contained in this act may be used for the 54,569
purpose of satisfying judgments or settlements in connection with 54,570
civil actions against the state in federal court not barred by 54,571
sovereign immunity or the Eleventh Amendment to the Constitution 54,572
of the United States, or for the purpose of satisfying judgments, 54,573
settlements, or administrative awards ordered or approved by the 54,574
Court of Claims in connection with civil actions against the 54,575
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 54,576
appropriations to be applied to or used for payment of guarantees 54,577
by or on behalf of the state, for or relating to lease payments 54,578
or debt service on bonds, notes, or similar obligations and those 54,579
from the Sports Facilities Building Fund (Fund 024), the Highway 54,580
Safety Building Fund (Fund 025), the Administrative Building Fund 54,581
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 54,582
Juvenile Correctional Building Fund (Fund 028), the 54,583
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 54,584
(Fund 031), the School Building Program Assistance Fund (Fund 54,585
032), the Mental Health Facilities Improvement Fund (Fund 033), 54,586
the Higher Education Improvement Fund (Fund 034), the Parks and 54,587
Recreation Improvement Fund (Fund 035), the State Capital 54,588
1175
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 54,590
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 54,591
state to suit in any forum in which it is not otherwise subject 54,592
to suit, nor is it intended to waive or compromise any defense or 54,593
right available to the state in any suit against it. 54,594
Section 116.* Utility Radiological Safety Board 54,596
Assessments
The maximum amounts that may be assessed against nuclear 54,598
electric utilities in accordance with division (B)(2) of section 54,599
4937.05 of the Revised Code are as follows: 54,600
FY 2000 FY 2001 54,602
Department of Agriculture 54,604
Fund 4E4 Utility Radiological 54,606
Safety $100,211 $99,733
Department of Health 54,609
Fund 610 Radiation Emergency 54,611
Response $920,982 $921,584 54,612
Environmental Protection Agency 54,615
Fund 644 ER Radiological Safety $183,380 $184,893 54,617
Emergency Management Agency 54,620
Fund 657 Utility Radiological 54,622
Safety $822,079 $806,339 54,623
Section 117. Occupational and Licensing Board Fund 54,626
Transfers
Notwithstanding any other provision of law to the contrary, 54,628
the Director of Budget and Management shall transfer any 54,629
remaining amounts of cash from the specified obsolete funds to 54,630
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 54,631
thirty days of the effective date of this section: State Board 54,632
of Cosmetology, Fund 4D3 Cosmetology Adjudication Fund. 54,633
Section 118. Lease Payments to OPFC, OBA, and Treasurer of 54,635
State
1176
Certain appropriations are in this act for the purpose of 54,637
lease payments to the Ohio Public Facilities Commission, to the 54,639
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 54,642
by the Ohio Public Facilities Commission, the Ohio Building 54,643
Authority, or the Treasurer of State pursuant to the Ohio 54,646
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 54,647
purpose, such amounts are hereby appropriated. 54,648
Section 119. State and Local Rebate Authorization 54,650
There is hereby appropriated, from those funds designated 54,652
by or pursuant to the applicable proceedings authorizing the 54,653
issuance of state obligations, amounts computed at the time to 54,654
represent the portion of investment income to be rebated or 54,655
amounts in lieu of or in addition to any rebate amount to be paid 54,656
to the federal government in order to maintain the exclusion from 54,657
gross income for federal income tax purposes of interest on those 54,658
state obligations pursuant to Section 148(f) of the Internal 54,659
Revenue Code. 54,660
Appropriations shall be posted and disbursed for these 54,662
purposes upon request and presentation of a voucher to the 54,663
Director of Budget and Management. 54,664
Section 120. Transfers of Cash and Outstanding Encumbrance 54,666
Balances
Any appropriation authority required by the Director of 54,668
Budget and Management to reestablish encumbrances in a fund or 54,669
appropriation item within an agency or between agencies pursuant 54,670
to section 126.15 of the Revised Code is hereby authorized and 54,671
appropriated.
Section 121. Federal Cash Management Improvement Act 54,673
Pursuant to the plan for compliance with the Federal Cash 54,675
Management Improvement Act required by section 131.36 of the 54,676
Revised Code, the Director of Budget and Management is authorized 54,677
to cancel and reestablish all or parts of encumbrances in like 54,678
1177
amounts within the funds identified by the plan. Such amounts 54,679
necessary to reestablish all or parts of encumbrances are hereby 54,680
appropriated. 54,681
Section 122. Statewide Indirect Cost Recovery 54,683
Whenever the Director of Budget and Management determines 54,685
that an appropriation made to a state agency from a fund of the 54,686
state is insufficient to provide for the recovery of statewide 54,687
indirect costs pursuant to section 126.12 of the Revised Code, 54,688
the amount required for such purpose is hereby appropriated from 54,689
the available receipts of such fund. 54,690
Section 123. Human Services Stabilization Fund Transfers 54,692
to Budget Stabilization Fund for Fiscal Year 2000 and Fiscal Year 54,693
2001
(A) Notwithstanding section 131.41 and division (B)(1)(a) 54,696
of section 131.44 of the Revised Code, no later than July 10, 54,697
1999, the Director of Budget and Management shall transfer from 54,698
the Human Services Stabilization Fund to the Budget Stabilization 54,699
Fund any amount necessary for the balance of the Budget 54,700
Stabilization Fund to equal five per cent of the General Revenue 54,702
Fund revenues of the preceding fiscal year. This transfer shall 54,703
be in lieu of the transfer that would otherwise have had to be 54,704
made from the General Revenue Fund, under division (B)(1)(a) of
section 131.44 of the Revised Code. 54,705
(B) Notwithstanding section 131.41 and division (B)(1)(a) 54,708
of section 131.44 of the Revised Code, no later than July 10, 54,709
2000, the Director of Budget and Management shall transfer from 54,710
the Human Services Stabilization Fund to the Budget Stabilization 54,711
Fund any amount necessary for the balance of the Budget 54,712
Stabilization Fund to equal five per cent of the General Revenue 54,714
Fund revenues of the preceding fiscal year. This transfer shall 54,715
be in lieu of the transfer that would otherwise have had to be 54,716
made from the General Revenue Fund, under division (B)(1)(a) of
section 131.44 of the Revised Code. 54,717
(C) In fiscal years 2000 and 2001, the investment earnings 54,719
1178
on the first $100,000,000 of the balance in the Budget 54,720
Stabilization Fund shall be transferred by the Director of Budget 54,721
and Management to Fund 646, Low and Moderate Income Housing Trust 54,722
Fund. In each fiscal year, there shall be four transfers by the 54,723
Director of Budget and Management of the investment earnings to 54,724
the Low and Moderate Income Housing Trust Fund. The first such 54,725
transfer in each fiscal year shall be in October, after the first 54,726
quarter of investment earnings has been credited to the Budget 54,727
Stabilization Fund. The second transfer in each fiscal year 54,728
shall be in January, after the second quarter of investment 54,729
earnings has been credited to the Budget Stabilization Fund. The 54,730
third transfer in each fiscal year shall be in April, after the 54,731
third quarter of investment earnings has been credited to the 54,732
Budget Stabilization Fund. The fourth transfer in each fiscal 54,733
year shall be in June, after the fourth quarter of investment 54,734
earnings has been credited to the Budget Stabilization Fund. 54,735
Section 124. Transfers of Fiscal Year 1999 GRF Ending 54,737
Balances
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 54,739
of section 131.44 of the Revised Code, fiscal year 1999 surplus 54,740
revenue shall be distributed as provided in division (B) of this 54,741
section.
(B)(1) The first $90,000,000 of such surplus revenue shall 54,743
be transferred from the General Revenue Fund to Fund 4Y4, the 54,744
SchoolNet Plus Fund, in the SchoolNet Commission. 54,745
(2) The next $325,700,000 of such surplus revenue shall be 54,747
transferred to Fund 021, the Public School Building Fund, and 54,748
such amount is hereby appropriated to item CAP-622, Public School 54,749
Buildings, in the School Facilities Commission. Such 54,750
appropriation shall become available on the ninety-first day
after this act is filed with the Secretary of State. The School 54,751
Facilities Commission may set aside up to ten per cent of such 54,753
appropriation for the pilot program for low wealth school 54,754
districts with exceptional needs for immediate classroom facility 54,755
1179
assistance that is described in division (B) of Section 26 of Am.
Sub. H.B. 850 of the 122nd General Assembly. 54,756
(3) The next $15,600,000 of such surplus revenue shall be 54,758
transferred to Fund 5E2, Disaster Services, within the 54,759
Controlling Board. Of this amount, $5,000,000 shall ultimately 54,760
be transferred to the Department of Natural Resources, to be used 54,761
for statewide flood mitigation projects. Up to $3,000,000 shall 54,762
be used for reimbursing local governments for costs associated 54,763
with tornado disaster relief in Hamilton and Warren Counties. 54,764
(4) The next $12,000,000 of such surplus revenue shall be 54,766
transferred to Fund 5D3, the High Definition Television Fund, 54,767
which is hereby created in the state treasury. Moneys in this 54,768
fund, which shall be administered by the Ohio Educational 54,769
Telecommunications Network Commission, shall be used only for 54,770
purchases of transmitter hardware. 54,771
(5) The next $9,000,000 of such surplus revenue shall be 54,773
transferred to Fund 4N4 for the purpose of providing local 54,774
matching dollars for federal grants for public transportation. 54,775
(6) Any surplus revenue in excess of the amounts 54,777
distributed under divisions (B)(1) to (5) of this section shall 54,778
be transferred to the Income Tax Reduction Fund in accordance 54,779
with section 131.44 of the Revised Code.
Section 125. Transfers of Fiscal Year 2000 GRF Ending 54,781
Balances
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 54,783
of section 131.44 of the Revised Code, fiscal year 2000 surplus 54,784
revenue shall be distributed as provided in division (B) of this 54,785
section.
(B)(1) The first $4,400,000 of such surplus revenue shall 54,787
be transferred from the General Revenue Fund to Fund 5E2, 54,788
Disaster Services, within the Controlling Board. 54,789
(2) The next $9,000,000 of such surplus revenue shall be 54,791
transferred to Fund 002, the Highway Operating Fund, for the 54,792
purpose of providing local matching dollars for federal grants 54,793
1180
for public transportation.
(3) The next $10,000,000 of such surplus revenue shall be 54,795
transferred to Fund 4Y4, SchoolNet Plus. This money shall be 54,796
used for distance learning projects. 54,797
(4) Any surplus revenue in excess of the amounts 54,799
distributed under divisions (B)(1) to (3) of this section shall 54,800
be transferred to the Income Tax Reduction Fund in accordance 54,801
with section 131.44 of the Revised Code. 54,802
Section 126. GRF Transfers on Behalf of the Statewide 54,804
Indirect Cost Allocation Plan 54,805
The total transfers made from the General Revenue Fund by 54,807
the Director of Budget and Management pursuant to this section 54,809
shall not exceed the amounts transferred into the General Revenue 54,811
Fund pursuant to division (B) of section 126.12 of the Revised 54,813
Code.
A director of an agency may certify to the Director of 54,815
Budget and Management the amount of expenses not allowed to be 54,816
included in the Statewide Indirect Cost Allocation plan pursuant 54,817
to federal regulations, from any fund included in the Statewide 54,818
Indirect Cost Allocation plan, prepared as required by section 54,819
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 54,822
available to pay for such expenses, the Director of Budget and 54,823
Management may transfer from the General Revenue Fund into the 54,824
fund for which the certification is made, up to the amount of the 54,825
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 54,826
pursuant to section 126.02 of the Revised Code, a request for 54,827
funding for such activities from an alternative source such that 54,828
further federal disallowances would not be required. 54,829
The Director of Administrative Services may certify to the 54,831
Director of Budget and Management the amount of building rent 54,832
expense or building debt service expense paid by state agencies 54,833
from funds other than the General Revenue Fund to the General 54,834
1181
Revenue Fund which is not an allowed cost for reimbursement under 54,835
federal grant programs. The Director of Budget and Management
may refund the amount of the disallowed cost from the General 54,836
Revenue Fund to either the fund from which the payment was 54,837
originally made or the federal grantor agency, as appropriate. 54,838
If additional appropriations are required to make such refunds, 54,839
the amounts are hereby appropriated.
Section 127. Reappropriation of Unexpended Balances for 54,841
Certain Operating Expenses Encumbered Prior to Close of Fiscal 54,842
Year
An unexpended balance of an appropriation or 54,844
reappropriation that a state agency has lawfully encumbered prior 54,845
to the close of a fiscal year is hereby reappropriated from the 54,846
fund from which it was originally appropriated or reappropriated 54,847
for the following period and shall remain available only for the 54,848
purpose of discharging the encumbrance:
(A) For an encumbrance for an operating expense, for a 54,850
period of not more than five months from the end of the fiscal 54,851
year. For the purposes of this section, an "operating expense" 54,852
is an encumbrance incurred for personal services, maintenance, 54,853
equipment, or items for resale, other than an encumbrance for an 54,854
item of special order manufacture not available on term contract 54,855
or in the open market or for reclamation of land or oil and gas
wells. 54,856
(B) For an encumbrance for an item of special order 54,858
manufacture not available on term contract or in the open market, 54,859
for a period of not more than five months from the end of the 54,860
respective fiscal year or, with the written approval of the 54,861
Director of Budget and Management, for a period of not more than 54,862
twelve months from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and 54,864
gas wells, for a period ending whenever the encumbrance is 54,865
expended;
(D) For an encumbrance for any other expense, other than a 54,867
1182
capital expense and other than an encumbrance set out in division 54,868
(A), (B), or (C) of this section, for such period as the director 54,869
approves.
Any items for which unexpended balances are reappropriated 54,871
beyond a five-month period from the end of the fiscal year shall 54,872
be reported to the Controlling Board by the Director of Budget 54,873
and Management by the thirty-first day of December of each year. 54,874
The report on each such item shall include the item, the cost of 54,875
the item, the vendor involved, and the reappropriation period
approved by the director. Such report to the board shall be 54,876
updated on a quarterly basis for encumbrances remaining open. 54,877
Upon the expiration of the reappropriation period set out 54,879
in division (A), (B), (C), or (D) of this section, a 54,881
reappropriation made pursuant to this section shall lapse, and 54,882
the Director of Budget and Management shall cancel such
encumbrance no later than the end of the weekend following the 54,883
expiration of the reappropriation period. 54,884
If the Controlling Board has approved a contract upon which 54,886
an encumbrance that is the subject of this section is based, that 54,887
approval remains valid as long as the encumbrance remains open 54,888
pursuant to this section and the agency need not return to the 54,889
board for a new approval.
Section 128. Federal Government Interest Requirements 54,891
Notwithstanding any provision of law to the contrary, on or 54,893
before the first day of September of each fiscal year, the 54,894
Director of Budget and Management, in order to reduce the payment 54,895
of adjustments to the federal government, as determined by the 54,896
plan prepared pursuant to division (A) of section 126.12 of the 54,897
Revised Code, may designate such funds as the director considers 54,898
necessary to retain their own interest earnings.
Section 129. Moratorium for New MR/DD Residential Facility 54,900
Beds
(A) During the period beginning July 1, 1999, and ending 54,902
June 30, 2001, the Department of Mental Retardation and 54,903
1183
Developmental Disabilities shall not issue development approval 54,904
for, nor license under section 5123.19 of the Revised Code, new 54,905
residential facility beds for persons with mental retardation or 54,906
developmental disabilities, except that the department may 54,907
approve the development or licensure, or both, of such new beds 54,908
in an emergency. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code specifying what constitutes 54,909
an emergency for the purposes of this section. 54,910
(B) For the purposes of division (A) of this section, the 54,912
following shall not be considered new beds: 54,913
(1) Beds relocated from one facility to another, if the 54,915
facility from which the beds are relocated reduces the number of 54,916
its beds by the same number of beds that are relocated to the 54,917
other facility;
(2) Beds to replace others that the Director of Health 54,919
determines no longer comply with the standards of the Medical 54,920
Assistance Program established under Chapter 5111. of the Revised 54,921
Code and Title XIX of the "Social Security Act," 49 Stat. 620 54,923
(1935), 42 U.S.C.A. 301, as amended.
Section 130. The Auditor of State shall serve as financial 54,925
supervisor to any financial planning and supervision commission 54,926
established pursuant to section 118.05 of the Revised Code on or 54,927
after the effective date of this section and as financial 54,928
supervisor to any financial planning and supervision commission 54,929
established pursuant to that section before that date upon the 54,930
termination of any existing contract with a firm of certified 54,931
public accountants approved by the Controlling Board as 54,932
authorized by division (G) of that section before its amendment 54,933
by this act.
Section 131. (A) The Director of Commerce shall prepare a 54,936
report that analyzes both of the following: 54,937
(1) The total amount of unclaimed funds collected by the 54,939
Department of Commerce over a period of at least six months; 54,940
(2) What portion of that amount represents unclaimed funds 54,942
1184
resulting from business to business transactions. 54,943
For purposes of this section, "business to business 54,946
transactions" includes, but is not limited to, outstanding credit 54,947
balances, checks or memoranda, overpayments for goods or 54,948
services, unidentified remittances, nonrefunded overcharges, 54,949
accounts receivable, discounts, refunds, and rebates. 54,950
(B) To facilitate the collection of the necessary data, 54,952
the Director may adopt rules establishing the methods by which 54,953
the Department is to separately identify those unclaimed funds 54,954
that are the result of business to business transactions. 54,955
(C) Not later than January 1, 2001, the Director shall 54,957
submit a copy of the report to the Governor, the Speaker and 54,958
Minority Leader of the House of Representatives, and the 54,960
President and Minority Leader of the Senate.
Section 132.* Licensing of Mental Health Residential 54,962
Facilities
The amendment of section 5119.22 of the Revised Code by 54,964
this act, which provides for two-year full licenses to be issued 54,965
to residential facilities by the Department of Mental Health, 54,966
does not affect the expiration date of a full license that was 54,967
issued before the effective date of this section. On and after 54,968
the effective date of this section, the department shall renew
full licenses originally issued prior to the effective date of 54,969
this section for a two-year period in accordance with the 54,970
amendment of section 5119.22 of the Revised Code by this act. 54,971
Section 133. The jurisdiction, including all control and 54,973
supervision, over the state-owned building located at 25 South 54,974
Front Street, Columbus, Ohio, is hereby transferred from the Ohio 54,975
Department of Transportation to the Department of Administrative 54,976
Services.
Section 134.* All items set forth in this section are 54,978
hereby appropriated out of any moneys in the state treasury to 54,979
the credit of the Administrative Building Fund (Fund 026). 54,981
Revenues of the Administrative Building Fund shall consist of 54,983
1185
proceeds of obligations authorized to pay the costs of capital 54,984
facilities, as defined in section 152.09 of the Revised Code, for 54,985
the following improvements:
OVH OHIO VETERANS' HOME 54,986
CAP-759 Veterans' Home Construction $ 4,200,000 54,989
Total Ohio Veterans' Home $ 4,200,000 54,991
Total Administrative Building Fund $ 4,200,000 54,993
Veterans' Home Construction 54,996
Upon notification of the availability of a federal 54,998
Department of Veterans Affairs state home construction grant, the 54,999
Ohio Veterans' Home may seek authority from the Controlling Board 55,001
for release of funds in the foregoing appropriation item, 55,002
CAP-759, Veterans' Home Construction, to assist with the cost of 55,003
construction of an additional state-operated, 168-bed veterans' 55,004
home. 55,005
Expenditures from appropriations contained in this act 55,007
shall be accounted for as though made in Am. Sub. H.B. 850 of the 55,008
122nd General Assembly. The appropriations made in this act are 55,009
subject to all provisions of Am. Sub. H.B. 850 of the 122nd 55,010
General Assembly that are generally applicable to such 55,011
appropriations.
Section 135.* The Ohio Building Authority is hereby 55,013
authorized to issue and to sell, in accordance with the 55,014
provisions of Section 2I of Article VIII, Ohio Constitution, and 55,016
Chapter 152. and other applicable sections of the Revised Code, 55,017
original obligations in an additional principal amount of 55,018
$4,200,000, in addition to the original issuance of obligations 55,019
heretofore authorized by prior acts of the General Assembly to 55,020
pay costs associated with previously authorized capital 55,021
facilities, the owners or holders of which shall have no right to 55,022
have excises or taxes levied by the General Assembly for the 55,023
payment of principal or interest thereon. 55,024
Section 136. Sunset of Hospital Care Assurance Program 55,026
That Section 153 of Am. Sub. H.B. 117 of the 121st General 55,028
1186
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General 55,029
Assembly, be amended to read as follows: 55,030
"Sec. 153. (A) Section 5112.20 of the Revised Code is 55,032
hereby repealed, effective July 1, 1997. Sections 5112.01, 55,033
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 55,035
5112.10, 5112.11, 5112.18, 5112.19, 5112.21, and 5112.99 of the 55,036
Revised Code, as enacted by Am. Sub. H.B 117 of the 121st General 55,038
Assembly, are hereby repealed, effective July 1, 1999 2001. 55,039
(B) Any money remaining in the Legislative Budget Services 55,041
Fund on July 1, 1999 2001, the date that section 5112.19 of the 55,042
Revised Code is repealed by division (A) of this section, shall 55,044
be used solely for the purposes stated in THEN FORMER section 55,045
5112.19 of the Revised Code. When all money in the Legislative 55,048
Budget Services Fund has been spent after THEN FORMER section 55,049
5112.19 of the Revised Code is repealed under division (A) of 55,051
this section, the fund shall cease to exist." 55,052
Section 137. That existing Section 153 of Am. Sub. H.B. 55,054
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 55,056
215 of the 122nd General Assembly, is hereby repealed. 55,057
Section 138. That Section 3 of Am. Sub. H.B. 440 of the 55,059
121st General Assembly, as amended by Am. Sub. H.B. 621 of the 55,060
122nd General Assembly, be amended to read as follows: 55,061
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 55,063
122.27 of the Revised Code are hereby repealed, effective June 55,064
30, 1999 2001." 55,065
Section 139. That existing Section 3 of Am. Sub. H.B. 440 55,067
of the 121st General Assembly, as amended by Am. Sub. H.B. 621 of 55,068
the 122nd General Assembly, is hereby repealed. 55,069
Section 140. That Section 3 of Am. Sub. H.B. 215 of the 55,071
122nd General Assembly be amended to read as follows: 55,072
"Sec. 3. Section 1751.68 of the Revised Code is hereby 55,074
repealed, effective July 1, 1999 2001." 55,075
Section 141. That existing Section 3 of Am. Sub. H.B. 215 55,077
of the 122nd General Assembly is hereby repealed. 55,078
1187
Section 142. That Section 3 of Am. Sub. H.B. 621 of the 55,080
122nd General Assembly be amended to read as follows: 55,081
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, 55,083
and 901.83 of the Revised Code are hereby repealed, effective 55,084
June 30, 1999 JULY 1, 2001." 55,085
Section 143. That existing Section 3 of Am. Sub. H.B. 621 55,087
of the 122nd General Assembly is hereby repealed. 55,088
Section 144.* That Sections 3.01, 3.03, 21, and 30.25 of 55,090
Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 55,091
read as follows:
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 55,094
CAP-785 Rural Areas Historical Projects $ 440,000 55,097
CAP-786 Rural Areas Community Improvements $ 5,315,000 55,099
$ 6,447,618 55,101
CAP-817 Urban Areas Community Improvements $ 12,508,150 55,103
$ 14,158,150 55,105
CAP-818 Community Theatre Renovations $ 400,000 55,107
Total Department of Administrative Services $ 18,663,150 55,109
$ 21,430,768 55,111
Rural Areas Historical Projects 55,114
Of the foregoing appropriation item CAP-785, Rural Areas 55,116
Historical Projects, $100,000 shall be used for Hancock County 55,117
Historical Society Facility Improvements; $40,000 shall be used 55,118
for Harveysburg Community Historic Society; $50,000 shall be used 55,120
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 55,121
Historic Site Improvements; and $50,000 shall be used for Elmore 55,122
Historical Society. 55,123
Rural Areas Community Improvements 55,125
Of the foregoing appropriation item CAP-786, Rural Areas 55,127
Community Improvements, $100,000 shall be used for Hocking Valley 55,129
Railroad Improvements; $50,000 shall be used for Belmont County 55,130
Park District - Convention Center; $70,000 shall be used for 55,131
Aberdeen Huntington Community Center; $100,000 shall be used for 55,132
1188
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 55,133
for Clinton County Senior Center; $150,000 shall be used for 55,134
Coshocton Infrastructure Improvements; $200,000 shall be used for 55,135
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 55,136
for Warsaw Community Improvements; $100,000 shall be used for 55,137
Washington Court House Downtown Redevelopment; $80,000 shall be 55,138
used for Gallia County Industrial Park Improvements; $150,000 55,139
shall be used for Desmond Hall Industrial Park; $100,000 shall be 55,140
used for Kenton Armory Improvements; $162,000 shall be used for 55,141
Sinking Springs Infrastructure Improvements; $20,000 shall be 55,142
used for Laurelville Community Improvements; $16,000 shall be 55,143
used for Gibisonville Community Recreation Center Improvements; 55,144
$150,000 shall be used for Holmes County Historic Building 55,145
Improvements; $500,000 shall be used for Davis-Shai House 55,146
Historical Site; $100,000 shall be used for Maritime Museum in 55,147
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 55,148
Restoration; $90,000 shall be used for Big Island Nature Center 55,149
Improvements; $300,000 shall be used for Medina County Arts 55,150
Center Improvements; $142,000 shall be used for Graysville 55,151
Community Center; $49,000 shall be used for Roseville Community 55,152
Center Improvements; $100,000 shall be used for South Zanesville 55,153
Community Improvements; $20,000 shall be used for Corning 55,154
Community Center; $50,000 shall be used for Waverly Community 55,155
Improvements; $20,000 shall be used for Garrettsville Veterans 55,156
Memorial; $6,000 shall be used for Palmyra Township Veterans 55,157
Memorial; $100,000 shall be used for Deerfield Township Hall 55,158
Civic Improvements; $35,000 shall be used for Preble County 55,159
Coliseum Planning; $300,000 shall be used for Richland Academy of 55,161
Arts and Sciences Discovery Center; $50,000 shall be used for 55,162
Village of Pleasant Plain Community Improvements; $48,000 shall 55,163
be used for Village of South Lebanon Infrastructure Improvements; 55,165
$41,000 shall be used for Rehabilitate Senior Housing - 55,166
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 55,167
Belpre; $100,000 shall be used for New Matamoras Senior Center; 55,168
1189
$25,000 shall be used for West Salem Town Hall Improvements; 55,169
$40,000 shall be used for Pemberville Opera House Restoration; 55,170
$40,000 shall be used for Grand Rapids Village Hall Restoration; 55,171
$500,000 shall be used for Liberty Commons Infrastructure Project 55,172
- Lima; $50,000 shall be used for Village of Morrow 55,173
Infrastructure Improvements; $100,000 shall be used for Fairfield 55,174
City Cultural Center; $63,000 shall be used for Sunbury Town 55,175
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 55,176
used for Ft. Steuben Land Office; $100,000 shall be used for 55,177
Columbiana County Port Authority; $25,000 shall be used for Noble 55,178
County Senior Center; $25,000 shall be used for Crawford County 55,179
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 55,180
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; $250,000 SHALL BE USED 55,181
FOR BELMONT COUNTY PARK DISTRICT INFRASTRUCTURE IMPROVEMENTS; 55,183
$200,000 SHALL BE USED FOR COSHOCTON COUNTY NORTH CORRIDOR 55,185
INFRASTRUCTURE IMPROVEMENTS; $100,000 SHALL BE USED FOR THE 55,186
HOLMES COUNTY HISTORIC BUILDING RENOVATION; $125,000 SHALL BE 55,187
USED FOR THE SUMMIT TOWNSHIP COMMUNITY BUILDING IN MONROE COUNTY; 55,189
$100,000 SHALL BE USED FOR MORGAN COUNTY INFRASTRUCTURE 55,190
IMPROVEMENTS; $100,000 SHALL BE USED FOR THE MUSKINGUM COUNTY 55,191
EMERGENCY SHELTER ADDITION; $100,000 SHALL BE USED FOR NOBLE 55,192
COUNTY INFRASTRUCTURE IMPROVEMENTS; $42,618 SHALL BE USED FOR THE 55,193
HIGHLAND COUNTY IMPROVEMENT PROJECT; $100,000 SHALL BE USED FOR 55,195
MARIETTA CITY SCHOOLS ATHLETIC FACILITIES IMPROVEMENTS; $15,000 55,196
SHALL BE USED FOR BELMONT COUNTY MUSEUM IMPROVEMENTS; and 55,198
$300,000 shall be used for Zahn's Corner Industrial Park. 55,199
Urban Areas Community Improvements 55,201
Of the foregoing appropriation item CAP-817, Urban Areas 55,203
Community Improvements, $200,000 shall be used for Clermont 55,204
County Communications Center; $50,000 shall be used for The Civic 55,206
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 55,207
1190
Planning; $25,000 shall be used for Friendly Center Renovations; 55,208
$5,000 shall be used for Toledo Golden Gloves - Equipment; 55,209
$50,000 shall be used for Sylvania Historical Society Building 55,210
Improvements; $50,000 shall be used for Toledo International 55,211
Youth Hostel Renovations; $100,000 shall be used for Fellows 55,212
Gardens - Mill Creek Park Improvements; $100,000 shall be used 55,213
for Weathervane Playhouse Addition; $100,000 shall be used for 55,214
Akron/Summit Community Action Agency Facility Improvements; 55,215
$136,000 shall be used for Akron Community Health Resources Inc. 55,216
Facility Improvements; $75,000 shall be used for Farmington 55,217
Senior Center Improvements; $85,000 shall be used for President 55,218
McKinley Home Site improvements; $187,150 shall be used for 55,219
Shaker Historical Museum; $400,000 shall be used for Solon 55,220
Community Arts Center; $25,000 shall be used for Orange Senior 55,221
Center; $75,000 shall be used for Cincinnati Jewish Community 55,223
Center; $1,000,000 shall be used for Lincoln Heights Health 55,224
Center Improvements; $500,000 shall be used for Cook's Castle 55,225
Renovation; $40,000 shall be used for Toledo Jewish Community 55,226
Center; $100,000 shall be used for Youngstown Jewish Community 55,227
Center; $1,500,000 shall be used for Youngstown Parking Facility; 55,228
$150,000 shall be used for Canton Jewish Community Center; 55,229
$2,000,000 shall be used for Wilderness Center Facility 55,230
Improvements; $100,000 shall be used for Project AHEAD Facility 55,231
Improvements; $50,000 shall be used for Sagamore Hills Historical 55,232
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 55,233
Gardens; $250,000 shall be used for NEC World Series of Golf 55,234
Media Facility; $50,000 shall be used for Richfield Historic 55,235
District Improvements; $100,000 shall be used for Ohio Erie 55,236
Heritage Corridor Improvements; $150,000 shall be used for Hale 55,237
Farm Improvements; $1,750,000 shall be used for Wood County 55,238
Historic Building Renovation; $500,000 shall be used for 55,239
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall FIRE STATION; $50,000 shall be used for 55,240
City of University Heights Community Senior Center; $75,000 shall 55,242
1191
be used for the J. Frank-Troy Senior Citizens Center; $50,000 55,243
shall be used for the Cleveland Health Museum; $50,000 shall be 55,244
used for the City of Euclid Land Purchase; $25,000 shall be used
for the Mahoning River Corridor of Opportunity Industrial Park; 55,245
$25,000 shall be used for University Heights Senior Citizen 55,246
Center Public Library; $50,000 shall be used for Columbus Fire 55,247
Museum; $50,000 shall be used for League Park Tourist Museum; 55,248
$100,000 shall be used for Mustill Store Exhibits in Cascade 55,249
Valley Park; and $30,000 shall be used for Warren Airport Runway 55,250
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 55,252
Community Improvements, $300,000 shall be used for Columbus 55,253
Family and Child Guidance Centers; $360,000 shall be used for 55,254
Central Community House; $180,000 shall be used for St. John 55,255
Center; $500,000 SHALL BE USED FOR THE AKRON ART MUSEUM 55,257
EXPANSION; $100,000 SHALL BE USED FOR THE CINCINNATI MUSEUM 55,258
CENTER; $500,000 SHALL BE USED FOR THE SANDUSKY STATE THEATER; 55,259
$275,000 SHALL BE USED FOR RIVER WALK IN WARREN; $150,000 SHALL 55,260
BE USED FOR THE AMVETS CAREER CENTER; $125,000 SHALL BE USED FOR 55,262
THE CANTON PALACE THEATER ASSOCIATION; $500,000 SHALL BE USED FOR 55,266
THE CLEVELAND-MASSILLON ECONOMIC DEVELOPMENT PROJECT; $800,000 55,267
SHALL BE USED FOR THE COLUMBUS COLLEGE OF ART AND DESIGN; and 55,270
$60,000 shall be used for Wesley Community Development 55,271
Corporation.
Community Theatre Renovations 55,273
Of the foregoing appropriation item CAP-818, Community 55,275
Theatre Renovations, $100,000 shall be used for Cleveland Public 55,276
Theatre Improvements - Gordon Square; $125,000 shall be used for 55,277
Ariel Theatre Renovation; $125,000 shall be used for Markay 55,278
Theatre Renovations; and $50,000 shall be used for Lorain Palace 55,279
Theatre Improvements. 55,280
Sec. 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 55,283
CAP-047 Cincinnati Classical Music Hall of 55,286
Fame $ 300,000 55,287
1192
CAP-050 Columbus Art Museum Facility Planning $ 250,000 55,289
CAP-053 Powers Auditorium Improvements $ 250,000 55,291
CAP-054 Dayton Performing Arts Center - 55,292
Planning and Phase I $ 250,000 55,293
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 55,295
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 55,297
CAP-062 Akron Art Museum - Planning $ 100,000 55,299
CAP-063 ROBINS THEATRE PROJECT $ 50,000 55,302
CAP-799 CAPITOL CITY EXHIBIT FEASIBILITY $ 50,000 55,305
Total Arts And Sports Facilities Commission $1,825,000 55,307
1,925,000 55,309
Sec. 21. All items set forth in this section are hereby 55,313
appropriated out of any moneys in the state treasury to the 55,314
credit of the Arts Facilities Building Fund (Fund 030). Revenues 55,316
to the Arts Facilities Building Fund shall consist of proceeds of 55,317
obligations authorized to pay costs of the following capital 55,318
improvements:
Appropriations 55,319
AFC ARTS FACILITIES COMMISSION 55,320
CAP-001 National Aviation Hall of Fame $ 1,100,000 55,323
CAP-004 Valentine Theatre $ 3,500,000 55,325
CAP-005 Center for Science and Industry - 55,326
Columbus $ 5,500,000 55,327
CAP-010 Sandusky State Theatre Improvements $ 500,000 55,329
CAP-013 Stambaugh Hall Improvements $ 625,000 55,331
CAP-033 Woodward Opera House Renovation $ 250,000 55,333
CAP-037 Canton Palace Theatre Renovations $ 800,000 55,335
CAP-044 National Underground Railroad Freedom 55,336
Center $ 500,000 55,337
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 55,339
CAP-046 Cincinnati Museum Center Improvements $ 525,000 55,341
CAP-048 John and Annie Glenn Museum $ 600,000 55,343
CAP-049 Ohio Theatre Improvements $ 3,000,000 55,345
CAP-051 Akron Civic Theatre Improvements $ 600,000 55,347
1193
CAP-052 Akron Art Museum $ 1,000,000 55,349
CAP-055 WACO Museum and Aviation Learning 55,350
Center $ 500,000 55,351
CAP-056 Ohio Center of Agriculture and 55,352
Industrial Technology Heritage Center $ 3,500,000 55,354
CAP-058 Cedar Bog Nature Preserve Education 55,355
Center $ 1,000,000 55,356
CAP-061 Statewide Arts Facilities Planning $ 500,000 55,358
CAP-063 Robins Theatre Project $ 50,000 55,360
CAP-702 Campus Martius Museum Renovations $ 140,000 55,362
CAP-734 Hayes Presidential Center - Museum and 55,363
Home Improvements $ 1,000,000 55,364
CAP-735 Paul Lawrence Dunbar House $ 100,000 55,366
CAP-741 Adena State Memorial Renovations $ 350,000 55,368
CAP-742 Ft. Meigs Museum and Exhibit 55,369
Improvements $ 2,960,000 55,370
CAP-744 Zoar Village Visitor Center and 55,371
Building Renovations $ 875,000 55,372
CAP-753 Buffington Island State Memorial 55,373
Improvements $ 100,000 55,374
CAP-757 Schoenbrunn Village Restoration and 55,375
Renovations $ 211,000 55,376
CAP-758 Ft. Laurens Building and Site 55,377
Improvements $ 100,000 55,378
CAP-770 Serpent Mound State Memorial 55,379
Improvements $ 295,000 55,380
CAP-780 Harding Home State Memorial 55,381
Restorations $ 390,000 55,382
CAP-781 Historical Center - Archives and 55,383
Library Automation $ 450,000 55,384
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 55,386
CAP-788 Tallmadge Church Building Restoration $ 250,000 55,388
CAP-789 Neil Armstrong Air and Space Museum 55,389
Improvements $ 315,000 55,390
1194
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 55,392
CAP-795 Local and Wide-area Networks $ 300,000 55,394
CAP-796 Moundbuilders State Memorial 55,395
Improvements $ 530,000 55,396
CAP-797 National Afro-American Museum 55,397
Improvements $ 300,000 55,398
CAP-798 Multi-Site Fire and Security System 55,399
Improvements $ 100,000 55,400
CAP-799 Capitol City Exhibit Feasibility $ 50,000 55,402
CAP-800 Indian Mill State Memorial 55,403
Improvements $ 112,000 55,404
Total Arts Facilities Commission $37,294,000 55,406
34,194,000 55,408
Total Arts Facilities Building Fund $37,294,000 55,410
34,194,000 55,412
Center for Science and Industry-Columbus 55,415
Of the foregoing appropriation item CAP-005, Center for 55,417
Science and Industry-Columbus, $5,000,000 shall be used for the 55,418
John Glenn Theatre and $500,000 shall be used for AgScience 55,419
Experience Exhibits.
COSI-Columbus -- Local Administration of Capital Project 55,421
Contracts 55,422
Notwithstanding division (A) of section 3383.07 of the 55,424
Revised Code, the Ohio Arts and Sports Facilities Commission, 55,425
with respect to the foregoing appropriation item CAP-005, Center 55,426
for Science and Industry-Columbus, is authorized to administer 55,428
all or part of capital facilities project contracts involving 55,429
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 55,430
and Industry-Columbus, and the Ohio Arts and Sports Facilities 55,432
Commission in review of the project plans. The Ohio Arts and 55,433
Sports Facilities Commission shall enter into a contract with the 55,434
Center of Science and Industry-Columbus to administer the exhibit 55,435
fabrication and installation contracts, which contracts are not
1195
subject to Chapter 123. or 153. of the Revised Code. 55,436
Schoenbrunn Village Restoration and Renovations 55,438
Of the foregoing appropriation item CAP-757, Schoenbrunn 55,440
Village Restoration and Renovations, up to $30,000 shall be used 55,442
for safety improvements related to the New Philadelphia airport. 55,443
Ft. Laurens Building and Site Improvements 55,445
Of the foregoing appropriation item CAP-758, Ft. Laurens 55,447
Building and Site Improvements, $100,000 shall be used for the 55,448
full reconstruction of the site as formulated by the Friends of 55,449
Ft. Laurens Foundation.
Sec. 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 55,451
CAP-006 Basic Renovations $ 874,033 55,454
CAP-040 Building "D" Planning $ 1,500,000 55,456
CAP-041 Columbus College of Art and Design $ 100,000 55,458
CAP-049 OHIO THEATRE IMPROVEMENTS $ 3,000,000 55,462
Total Columbus State Community College $ 2,474,033 55,464
5,474,033"
Section 145.* That existing Sections 3.01, 3.03, 21, and 55,467
30.25 of Am. Sub. H.B. 850 of the 122nd General Assembly are 55,468
hereby repealed.
Section 146.* (A) Section 50.48 of Am. Sub. H.B. 215 of 55,470
the 122nd General Assembly is hereby repealed. 55,471
(B) The repeal of Section 50.48 of Am. Sub. H.B. 215 of 55,473
the 122nd General Assembly is in confirmation of an identical 55,474
repeal of the section by Am. Sub. H.B. 770 of the 122nd General 55,475
Assembly. Am. Sub. H.B. 770 properly repealed the section in its 55,476
body, but failed to indicate the repeal in its title.
Section 147.* That Section 25 of Am. Sub. H.B. 650 of the 55,478
122nd General Assembly is hereby repealed. 55,479
Section 148.* Section 17.03 of Am. Sub. H.B. 850 of the 55,481
122nd General Assembly is hereby repealed. 55,482
Section 149.* Section 1501.25 of the Revised Code is 55,484
hereby repealed, effective December 31, 2002. 55,486
Section 150.* (A) That section 101.64 of the Revised Code 55,488
1196
is hereby repealed.
(B) The repeal by this act of section 101.64 of the 55,490
Revised Code is intended to confirm that such was the result 55,491
intended by the General Assembly in enacting Am. Sub. H.B. 649 of 55,492
the 122nd General Assembly. This section was made obsolete by 55,493
reforms Am. Sub. H.B. 649 made in the legislative printing laws. 55,494
The title of that act correctly indicated the repeal of section
101.64 of the Revised Code, but the outright repeal clause 55,495
erroneously indicated the repeal of section "102.64" of the 55,496
Revised Code. No section of the Revised Code bears the number 55,497
"102.64."
Section 151.* That the version of section 2108.15 of the 55,499
Revised Code that is to take effect on December 31, 2000, is 55,500
hereby repealed.
Section 152.* (A) That section 4121.07 of the Revised 55,502
Code is hereby repealed. 55,503
(B) The repeal by this act of section 4121.07 of the 55,505
Revised Code is intended to confirm that such was the result 55,506
intended by the General Assembly in enacting Am. Sub. H.B. 107 of 55,507
the 120th General Assembly. The outright repeal clause of that 55,508
act correctly indicated the repeal of section 4121.07 of the
Revised Code, but the title of that act erroneously indicated 55,509
that the section was being amended. 55,510
Section 153. Except as otherwise specifically provided in 55,512
this act, the codified sections of law amended or enacted in this 55,513
act, and the items of law of which the codified sections of law 55,514
amended or enacted in this act are composed, are subject to the 55,515
referendum. Therefore, under Ohio Constitution, Article II, 55,516
Section 1c and section 1.471 of the Revised Code, the codified 55,517
sections of law amended or enacted by this act, and the items of 55,518
law of which the codified sections of law as amended or enacted 55,519
by this act are composed, take effect on the ninety-first day 55,520
after this act is filed with the Secretary of State. If, 55,521
however, a referendum petition is filed against any such codified 55,522
1197
section of law as amended or enacted by this act, or against any 55,523
item of law of which any such codified section of law as amended 55,524
or enacted by this act is composed, the codified section of law 55,525
as amended or enacted, or item of law, unless rejected at the 55,526
referendum, takes effect at the earliest time permitted by law. 55,527
Section 154. Except as otherwise specifically provided in 55,529
this act, the repeal by this act of a codified section of law is 55,530
subject to the referendum. Therefore, under Ohio Constitution, 55,531
Article II, Section 1c and section 1.471 of the Revised Code, the 55,532
repeal by this act of a codified section of law takes effect on 55,533
the ninety-first day after this act is filed with the Secretary 55,534
of State. If, however, a referendum petition is filed against 55,535
any such repeal, the repeal, unless rejected at the referendum, 55,536
takes effect at the earliest time permitted by law. 55,537
Section 155. Sections 9.06, 9.07, 102.02, 103.73, 103.74, 55,539
109.081, 111.18, 118.01, 118.05, 118.08, 121.05, 122.011, 124.07, 55,541
124.181, 125.15, 125.28, 127.16, 131.39, 341.011, 753.19, 901.63,
1155.07, 1155.10, 1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 55,543
1181.18, 1309.401, 3353.06, 3383.08, 3702.52, 3702.57, 3702.58, 55,544
3702.68, 3705.24, 3734.06, 3734.18, 3734.28, 3734.57, 3745.11, 55,545
3748.07, 3748.13, 3793.10, 4105.17, 4117.24, 4301.10, 4301.30, 55,547
4301.43, 4511.191, 4511.83, 4703.36, 4703.37, 4713.10, 4717.07, 55,549
4723.08, 4729.54, 4730.11, 4731.281, 4732.14, 4736.12, 4741.17, 55,550
4741.19, 4747.05, 4747.06, 4747.07, 4747.10, 5101.03, 5101.16,
5101.46, 5101.50, 5101.501, 5101.502, 5101.86, 5112.03, 5112.06, 55,551
5112.07, 5112.08, 5112.09, 5112.17, 5117.07, 5117.071, 5117.09, 55,553
5120.14, 5145.30, 5709.62, 5709.63, 5709.632, 5907.141, and 55,554
6109.21 of the Revised Code as amended or enacted by this act, 55,555
and the items of law of which such sections as amended or enacted 55,556
by this act are composed, are not subject to the referendum. 55,557
Therefore, under Ohio Constitution, Article II, Section 1d and 55,558
section 1.471 of the Revised Code, such sections as amended or 55,559
enacted by this act, and the items of law of which such sections 55,560
as amended or enacted by this act are composed, go into immediate 55,561
1198
effect when this act becomes law. 55,562
Section 156. (A) The amendment by this act to division 55,564
(C) of section 166.03 of the Revised Code constitutes an item of 55,565
law that is subject to the referendum. Therefore, under Ohio 55,566
Constitution, Article II, Section 1c and section 1.471 of the 55,567
Revised Code, this item of law takes effect on the ninety-first 55,568
day after this act is filed with the Secretary of State. If, 55,569
however, a referendum petition is filed against the item of law, 55,570
the item of law, unless rejected at the referendum, takes effect 55,571
at the earliest time permitted by law. 55,572
(B) The amendments by this act to division (B) of section 55,574
166.03 of the Revised Code constitute an item of law that is not 55,575
subject to the referendum. Therefore, under Ohio Constitution, 55,576
Article II, Section 1d and section 1.471 of the Revised Code, 55,577
this item of law goes into immediate effect when this act becomes 55,578
law.
Section 157. (A) The amendment by this act to division 55,580
(C)(3)(c) of section 5139.43 of the Revised Code constitutes an 55,581
item of law that is subject to the referendum. Therefore, under 55,582
Ohio Constitution, Article II, Section 1d and section 1.471 of 55,583
the Revised Code, this item of law takes effect on the 55,584
ninety-first day after this act is filed with the Secretary of 55,585
State. If, however, a referendum petition is filed against the 55,586
item of law, the item of law, unless rejected at the referendum, 55,587
takes effect at the earliest time permitted by law. 55,588
(B) The addition by this act of division (E) to, and the 55,590
amendment by this act to division (B)(2)(a) of, section 5139.43 55,591
of the Revised Code constitute an item of law that is not subject 55,592
to the referendum. Therefore, under Ohio Constitution, Article 55,593
II, Section 1d and section 1.471 of the Revised Code, divisions 55,594
(B)(2)(a) and (E) of section 5139.43 of the Revised Code go into 55,595
immediate effect when this act becomes law. 55,596
Section 158.* Sections 3109.17 and 3109.18 of the Revised 55,598
Code, as amended by this act, are subject to the referendum and 55,599
1199
shall take effect January 1, 2001. Notwithstanding the 55,600
provisions of section 3109.17 of the Revised Code that require 55,601
the Children's Trust Fund Board to make block grants to child 55,602
abuse and child neglect advisory boards, the Children's Trust 55,603
Fund Board may make grants to child abuse and child neglect 55,604
prevention programs during the period January 1, 2001, through
June 30, 2001. 55,605
Section 159. The repeal by this act of sections 1155.131 55,607
and 1163.17 of the Revised Code is not subject to the referendum. 55,608
Therefore, under Ohio Constitution, Article II, Section 1d and 55,609
section 1.471 of the Revised Code, the repeals go into immediate 55,610
effect when this act becomes law. 55,611
Section 160. Except as otherwise specifically provided in 55,613
this act, the uncodified sections of law amended or enacted in 55,614
this act, and the items of law of which the uncodified sections 55,615
of law amended or enacted in this act are composed, are not 55,616
subject to the referendum. Therefore, under Ohio Constitution, 55,617
Article II, Section 1d and section 1.471 of the Revised Code, the 55,618
uncodified sections of law amended or enacted in this act, and 55,619
the items of law of which the uncodified sections of law amended 55,620
or enacted in this act are composed, go into immediate effect 55,621
when this act becomes law.
Section 161. Uncodified sections of law amended or enacted 55,623
in this act, and items of law contained within the uncodified 55,624
sections of law amended or enacted in this act, that are marked 55,625
with an asterisk are subject to the referendum. Therefore, under 55,626
Ohio Constitution, Article II, Section 1c and section 1.471 of 55,627
the Revised Code, the uncodified sections and items of law marked 55,628
with an asterisk take effect on the ninety-first day after this 55,629
act is filed with the Secretary of State. If, however, a 55,630
referendum petition is filed against an uncodified section or 55,631
item of law marked with an asterisk, the uncodified section or 55,632
item of law marked with an asterisk, unless rejected at the 55,633
referendum, takes effect at the earliest time permitted by law. 55,634
1200
If the amending and existing repeal clauses commanding the 55,636
amendment of an uncodified section of law are both marked with 55,637
asterisks, the uncodified section as amended is deemed also to 55,638
have been marked with an asterisk. 55,639
An asterisk marking an uncodified section or item of law 55,641
has the form *. 55,642
This section defines the meaning and form of, but is not 55,644
itself to be considered marked with, an asterisk. 55,645
Section 162. If the amendment or enactment in this act of 55,647
a codified or uncodified section of law is subject to the 55,648
referendum, the corresponding indications in the amending, 55,649
enacting, or existing repeal clauses commanding the amendment or 55,650
enactment also are subject to the referendum, along with the 55,651
amendment or enactment. If the amendment or enactment by this 55,652
act of a codified or uncodified section of law is not subject to 55,653
the referendum, the corresponding indications in the amending, 55,654
enacting, or existing repeal clauses commanding the amendment or 55,655
enactment also are not subject to the referendum, the same as the 55,656
amendment or enactment. 55,657
Section 163. An item, other than an amending, enacting, or 55,659
repealing clause, that composes the whole or part of an 55,660
uncodified section contained in this act has no effect after June 55,661
30, 2001, unless its context clearly indicates otherwise. 55,662
Section 164. The Tax Commissioner shall make the 55,664
adjustments required by section 5117.071 of the Revised Code for 55,665
the first time in 1999, for use in determining eligibility for 55,667
energy credits or payments during the 1999-2000 winter heating 55,668
season. To facilitate the implementation of the adjustment 55,669
mechanism in 1999, the commissioner may extend as necessary any 55,670
date specified in sections 5117.01 to 5117.12 of the Revised Code 55,671
for the performance of a particular action by the commissioner or 55,672
by an individual, energy company, or energy dealer. 55,673
Section 165. Sections 122.15, 122.152, 129.55, 129.63, 55,675
129.73, 718.01, 1555.12, 5528.36, 5703.052, 5703.053, 5727.01, 55,676
1201
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 55,677
5727.48, 5727.50, 5727.60, and 5733.16 of the Revised Code, as 55,678
amended by this act, first apply to the excise tax year beginning 55,679
May 1, 2000. Sections 5727.24, 5727.25, 5727.26, 5727.27, 55,680
5727.28, and 5727.29 of the Revised Code, as enacted by this act, 55,681
first apply to gross receipts derived from taxable activities 55,682
that occur after April 30, 2000. Natural gas companies and 55,683
combined electric and gas companies must file an annual statement 55,684
pursuant to section 5727.31 of the Revised Code on or before 55,685
August 1, 2000, and the Tax Commissioner shall issue an 55,686
assessment pursuant to section 5727.38 of the Revised Code on or 55,687
before the first Monday in November for the period ending April 55,688
30, 2000. Such companies shall have made and shall make payments 55,689
of the excise tax on gross receipts imposed by section 5727.30 of 55,691
the Revised Code on or before October 15, 1999, March 1, 2000, 55,692
and June 1, 2000, in accordance with section 5727.31 of the 55,693
Revised Code.
Section 166. Any natural gas company that, as of July 1, 55,695
1999, has over three hundred thousand open access residential 55,696
customers shall pay $10,300,000 on June 30, 2001, as an advance 55,697
payment of the tax imposed by section 5727.24 of the Revised 55,698
Code, as enacted by this act, for the quarter ending June 30, 55,699
2001. This payment is an advance payment of the tax that is due 55,700
within 45 days after the last day of June as required by division 55,701
(A) of section 5727.25 of the Revised Code, as enacted by this 55,702
act. In the event that the natural gas company's liability for 55,703
the quarter ending June 30, 2001, is less than $10,300,000, the 55,704
remaining amount shall be applied to the natural gas company's 55,705
liability for the quarter ending September 30, 2001. 55,706
Section 167. The Public Utilities Commission shall not 55,708
order any surcharge, refunds, or credits in the rates of any 55,709
natural gas company or combined electric and gas company as a 55,710
result of or in response to the amendment of sections 5727.01, 55,711
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 55,712
1202
5727.48, 5727.50, and 5727.60 and the enactment of sections 55,713
5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and 5727.29 of the 55,714
Revised Code under this act. The commission is not precluded 55,715
from considering the effects of the refund set forth in section 55,716
5727.29 of the Revised Code, as enacted by this act, in the 55,717
context of adjusting rates in a rate proceeding under Chapters 55,718
4909. and 4929. of the Revised Code. 55,719
Section 168. (A) The amendment by this act of section 55,721
5733.05 of the Revised Code applies to tax years 2000 and 55,722
thereafter.
(B) Any corporation that was entitled, for tax year 1999, 55,725
to make an exclusion from its capital, surplus, undivided
profits, or reserves under former division (A)(6) of section 55,726
5733.05 of the Revised Code as it existed prior to its amendment 55,727
by Am. Sub. H.B. 215 of the 122nd General Assembly is entitled to 55,729
claim a nonrefundable credit against the corporation franchise 55,730
tax imposed by section 5733.06 of the Revised Code for tax year 55,731
2000. The amount of the credit shall equal the difference 55,732
between the amount of corporation franchise tax the corporation 55,733
paid for tax year 1999 and the amount of corporation franchise 55,734
tax that would have been due from the corporation for that year 55,735
if the exclusion was made; plus an amount that bears the same 55,736
ratio to the amount of any penalty or interest paid by the 55,737
corporation for that year that the difference in tax bears to the 55,738
amount of tax on account of which the penalty or interest is 55,739
charged.
If the credit exceeds the amount of tax due for tax year 55,741
2000, the corporation may claim the excess in succeeding tax 55,742
years until the full amount of the credit has been claimed, 55,743
provided that the amount claimed in any tax year shall be 55,744
deducted from the amount carried forward to the following year. 55,745
This section expires June 30, 2000. 55,747
Section 169.* Section 5733.33 of the Revised Code, as 55,749
amended by this act, applies to purchases of new manufacturing 55,750
1203
machinery and equipment made on or after January 1, 2001. 55,751
Section 170. The amendment of sections 5112.03, 5112.06, 55,753
5112.07, 5112.08, 5112.09, and 5112.17 of the Revised Code is not 55,754
intended to supersede the earlier repeal, with delayed effective 55,756
date, of those sections.
Section 171. Section 102.02 of the Revised Code is 55,758
presented in this act as a composite of the section as amended by 55,759
both Sub. H.B. 26 and Am. Sub. H.B. 650 of the 122nd General 55,760
Assembly, with the new language of neither of the acts shown in 55,761
capital letters. This is in recognition of the principle stated 55,762
in division (B) of section 1.52 of the Revised Code that such 55,763
amendments are to be harmonized where not substantively 55,764
irreconcilable and constitutes a legislative finding that such is 55,765
the resulting version in effect prior to the effective date of 55,766
this act.
Section 172. Section 121.24 of the Revised Code is 55,768
presented in this act as a composite of the section as amended by 55,769
both Sub. H.B. 473 and Am. Sub. H.B. 538 of the 121st General 55,770
Assembly, with the new language of neither of the acts shown in 55,772
capital letters. This is in recognition of the principle stated 55,773
in division (B) of section 1.52 of the Revised Code that such 55,774
amendments are to be harmonized where not substantively 55,775
irreconcilable and constitutes a legislative finding that such is 55,776
the resulting version in effect prior to the effective date of 55,777
this act.
Section 173. Section 125.11 of the Revised Code is 55,779
presented in this act as a composite of the section as amended by 55,780
both Am. Sub. S.B. 99 and Am. Sub. S.B. 162 of the 121st General 55,781
Assembly, with the new language of neither of the acts shown in 55,783
capital letters. This is in recognition of the principle stated 55,784
in division (B) of section 1.52 of the Revised Code that such 55,785
amendments are to be harmonized where not substantively 55,786
irreconcilable and constitutes a legislative finding that such is 55,787
the resulting version in effect prior to the effective date of 55,788
1204
this act.
Section 174. Section 127.16 of the Revised Code is 55,790
presented in this act as a composite of the section as amended by 55,791
both Am. Sub. H.B. 649 and Am. Sub. H.B. 850 of the 122nd General 55,792
Assembly, with the new language of neither of the acts shown in 55,794
capital letters. This is in recognition of the principle stated 55,795
in division (B) of section 1.52 of the Revised Code that such 55,796
amendments are to be harmonized where not substantively 55,797
irreconcilable and constitutes a legislative finding that such is 55,798
the resulting version in effect prior to the effective date of 55,799
this act.
Section 175. Section 311.01 of the Revised Code is 55,801
presented in this act as a composite of the section as amended by 55,802
both Sub. H.B. 351 and Sub. H.B. 670 of the 121st General 55,803
Assembly, with the new language of neither of the acts shown in 55,804
capital letters. This is in recognition of the principle stated 55,805
in division (B) of section 1.52 of the Revised Code that such 55,806
amendments are to be harmonized where not substantively 55,807
irreconcilable and constitutes a legislative finding that such is 55,808
the resulting version in effect prior to the effective date of 55,809
this act.
Section 176. Section 329.04 of the Revised Code is 55,811
presented in this act as a composite of the section as amended by 55,812
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 55,813
Assembly, with the new language of neither of the acts shown in 55,815
capital letters. This is in recognition of the principle stated 55,816
in division (B) of section 1.52 of the Revised Code that such 55,817
amendments are to be harmonized where not substantively 55,818
irreconcilable and constitutes a legislative finding that such is 55,819
the resulting version in effect prior to the effective date of 55,820
this act.
Section 177. Section 1547.67 of the Revised Code is 55,822
presented in this act as a composite of the section as amended by 55,823
both Am. Sub. H.B. 111 and Sub. H.B. 522 of the 118th General 55,824
1205
Assembly, with the new language of neither of the acts shown in 55,827
capital letters. This is in recognition of the principle stated 55,828
in division (B) of section 1.52 of the Revised Code that such 55,829
amendments are to be harmonized where not substantively 55,830
irreconcilable and constitutes a legislative finding that such is 55,831
the resulting version in effect prior to the effective date of 55,832
this act.
Section 178. Section 3745.11 of the Revised Code is 55,834
presented in this act as a composite of the section as amended by 55,835
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 55,836
Assembly, with the new language of neither of the acts shown in 55,837
capital letters. This is in recognition of the principle stated 55,839
in division (B) of section 1.52 of the Revised Code that such 55,840
amendments are to be harmonized where not substantively 55,841
irreconcilable and constitutes a legislative finding that such is 55,842
the resulting version in effect prior to the effective date of 55,843
this act.
Section 179. Section 4399.12 of the Revised Code is 55,845
presented in this act as a composite of the section as amended by 55,846
both Am. Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st General 55,847
Assembly, with the new language of neither of the acts shown in 55,849
capital letters. This is in recognition of the principle stated 55,850
in division (B) of section 1.52 of the Revised Code that such 55,851
amendments are to be harmonized where not substantively 55,852
irreconcilable and constitutes a legislative finding that such is 55,853
the resulting version in effect prior to the effective date of 55,854
this act.
Section 180. Section 5111.01 of the Revised Code is 55,856
presented in this act as a composite of the section as amended by 55,857
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 55,858
Assembly, with the new language of neither of the acts shown in 55,860
capital letters. This is in recognition of the principle stated 55,861
in division (B) of section 1.52 of the Revised Code that such 55,862
amendments are to be harmonized where not substantively 55,863
1206
irreconcilable and constitutes a legislative finding that such is 55,864
the resulting version in effect prior to the effective date of 55,865
this act.
Section 181. Section 5139.43 of the Revised Code is 55,867
presented in this act as a composite of the section as amended by 55,868
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 55,869
Assembly, with the new language of neither of the acts shown in 55,871
capital letters. This is in recognition of the principle stated 55,872
in division (B) of section 1.52 of the Revised Code that such 55,873
amendments are to be harmonized where not substantively 55,874
irreconcilable and constitutes a legislative finding that such is 55,875
the resulting version in effect prior to the effective date of 55,876
this act.
Section 182. If any item of law that constitutes the whole 55,878
or part of a codified or uncodified section of law contained in 55,879
this act, or if any application of any item of law that 55,880
constitutes the whole or part of a codified or uncodified section 55,882
of law contained in this act, is held invalid, the invalidity 55,883
does not affect other items of law or applications of items of 55,884
law that can be given effect without the invalid item of law or 55,885
application. To this end, the items of law of which the codified 55,886
and uncodified sections contained in this act are composed, and 55,887
their applications, are independent and severable.