As Reported by 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
SENATORS RAY-HOTTINGER-GARDNER-CARNES-JOHNSON-KEARNS- 14
WHITE-FINGERHUT-PRENTISS 15
_________________________________________________________________ 17
A B I L L
To amend sections 9.06, 9.07, 102.02, 103.143, 19
103.71, 103.73, 103.74, 109.081, 111.18, 117.14, 21
117.44, 117.45, 118.01, 118.05, 118.08, 120.04,
120.06, 120.18, 120.28, 120.33, 121.05, 121.24, 22
121.371, 122.011, 122.05, 122.15, 122.152, 23
122.71, 122.92, 124.04, 124.07, 124.181, 125.023, 24
125.111, 125.15, 125.28, 126.12, 126.21, 126.25, 25
126.31, 126.32, 127.16, 129.55, 129.63, 129.73, 26
131.01, 133.20, 135.63, 149.30, 159.03, 159.04, 27
166.03, 166.05, 167.03, 169.02, 169.03, 169.09, 28
173.35, 307.851, 307.86, 307.98, 311.01, 329.04, 30
329.06, 329.12, 340.03, 341.011, 718.01, 742.63, 31
753.19, 901.41, 901.62, 901.63, 924.51, 1101.15, 32
1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 33
1155.10, 1155.13, 1161.09, 1161.38, 1163.09,
1163.13, 1163.16, 1181.06, 1301.01, 1309.401, 34
1317.07, 1321.57, 1322.02, 1322.10, 1501.01, 35
1507.01, 1507.12, 1515.091, 1521.04, 1547.67,
1547.68, 1547.72, 1555.12, 1751.68, 2108.15, 36
2305.232, 2941.51, 2949.17, 2949.19, 2949.20, 37
2949.201, 3109.13, 3109.14, 3109.15, 3109.16, 38
2
3109.17, 3109.18, 3301.68, 3375.90, 3383.08, 39
3501.18, 3501.21, 3517.152, 3701.04, 3701.261, 40
3701.262, 3701.263, 3701.89, 3701.99, 3702.52, 41
3702.57, 3702.58, 3702.68, 3705.24, 3721.31, 43
3721.33, 3722.01, 3722.011, 3722.10, 3722.15,
3722.16, 3734.02, 3734.05, 3734.06, 3734.18, 44
3734.28, 3734.57, 3734.82, 3734.87, 3734.901, 46
3742.03, 3742.04, 3742.05, 3742.08, 3742.19,
3745.11, 3748.07, 3748.13, 3750.02, 3769.20, 47
3793.08, 3793.10, 3793.12, 4105.17, 4112.04, 48
4112.12, 4163.07, 4301.10, 4301.30, 4301.43, 50
4301.62, 4303.06, 4303.07, 4303.10, 4303.181,
4303.182, 4303.30, 4303.35, 4399.12, 4511.191, 52
4511.83, 4701.03, 4701.06, 4703.36, 4703.37, 53
4709.01, 4712.01, 4713.01, 4713.10, 4713.17, 55
4717.03, 4717.05, 4717.07, 4717.13, 4723.06, 56
4723.08, 4723.28, 4725.16, 4725.17, 4729.54,
4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 58
4735.07, 4735.09, 4735.14, 4735.141, 4736.12, 59
4741.17, 4741.19, 4747.05, 4747.06, 4747.07, 60
4747.10, 4747.13, 4759.05, 4759.06, 4766.02,
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 61
4911.17, 4931.11, 4931.21, 4931.99, 4933.14, 62
4937.02, 4981.09, 5101.03, 5101.16, 5101.21,
5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 63
5101.541, 5101.544, 5101.83, 5101.93, 5104.30,
5104.32, 5104.34, 5104.38, 5107.02, 5107.05, 65
5107.10, 5107.16, 5107.18, 5107.22, 5107.24,
5107.26, 5107.28, 5107.541, 5107.60, 5107.72, 66
5108.06, 5111.01, 5111.022, 5111.23, 5111.231, 67
5112.01, 5112.03, 5112.06, 5112.07, 5112.08, 69
5112.09, 5112.17, 5112.18, 5115.01, 5117.07,
5117.09, 5119.22, 5119.61, 5120.14, 5121.03, 70
5121.04, 5121.06, 5121.07, 5121.08, 5121.09, 71
3
5121.10, 5123.60, 5126.35, 5139.27, 5139.271, 72
5139.28, 5139.281, 5139.43, 5139.50, 5139.51, 73
5139.55, 5145.30, 5502.21, 5502.22, 5502.25, 74
5502.28, 5502.34, 5515.01, 5528.36, 5703.05, 75
5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 76
5709.632, 5709.83, 5711.16, 5711.22, 5727.01,
5727.111, 5727.12, 5727.30, 5727.31, 5727.311, 77
5727.32, 5727.33, 5727.38, 5727.42, 5727.48, 78
5727.50, 5727.60, 5733.05, 5733.16, 5733.33,
5733.98, 5739.31, 5741.02, 5743.08, 5743.14, 79
5743.55, 5743.59, 5743.99, 5747.11, 5907.11, 80
5907.13, 5907.141, 5907.15, 6109.01, 6109.21, and 81
6119.10; to amend, for the purpose of adopting 82
new section numbers as indicated in parentheses,
sections 3701.261 (3335.60), 3701.262 (3335.61), 83
and 3701.263 (3335.62); to amend, for the purpose 85
of adopting a new section number as indicated in
parentheses, section 122.75 (122.751) of the 86
Revised Code as it results from Am. Sub. H.B. 117 87
of the 121st General Assembly; to enact new 88
sections 122.75, 2108.021, and 2151.55 and
sections 9.08, 101.30, 101.301, 117.441, 121.481, 89
122.19, 122.20, 122.21, 122.22, 131.39, 135.91, 90
135.92, 135.93, 135.94, 135.95, 135.96, 135.97,
166.032, 173.011, 173.401, 329.023, 329.041, 91
329.07, 340.091, 1181.18, 1501.25, 2108.022, 92
2108.023, 2151.551, 2151.552, 2151.553, 2151.554, 94
2744.10, 3335.99, 3353.06, 3353.07, 3701.043,
3701.044, 3721.025, 3722.18, 3734.281, 3769.201, 95
4112.15, 4115.101, 4117.24, 4723.282, 4939.01,
4939.02, 4939.03, 5101.072, 5101.34, 5101.341, 97
5101.342, 5101.343, 5101.50, 5101.501, 5101.502, 99
5101.503, 5101.51, 5101.511, 5101.512, 5101.513,
5101.514, 5101.515, 5101.516, 5101.517, 5101.518, 101
4
5101.519, 5101.85, 5101.851, 5101.852, 5101.853,
5101.854, 5104.341, 5107.11, 5107.161, 5107.17, 102
5107.61, 5111.014, 5111.025, 5111.026, 5111.173, 103
5117.071, 5119.631, 5126.054, 5126.357, 5153.123, 105
5709.70, 5727.24, 5727.25, 5727.26, 5727.27,
5727.28, 5727.29, 5733.351, 5733.39, and 5733.42; 106
and to repeal sections 101.64, 117.16, 1155.131, 107
1163.17, 2108.021, 2151.55, 4113.14, 4121.07, 108
4931.01, 4931.03, 4931.08, 4931.20, 4931.23,
4931.24, 5107.77, 5111.172, and 5115.08 of the 109
Revised Code; to repeal section 122.75 of the 111
Revised Code as it purportedly results from Am. 112
Sub. H.B. 356 of the 121st General Assembly; to 113
repeal the version of section 2108.15 of the 114
Revised Code that is to take effect on December 115
31, 2000; and to amend Section 5 of Am. Sub. S.B. 116
50 of the 121st General Assembly, as subsequently
amended; to amend Section 153 of Am. Sub. H.B. 118
117 of the 121st General Assembly, as 119
subsequently amended; to amend Section 3 of Am.
Sub. H.B. 440 of the 121st General Assembly, as 120
subsequently amended; to amend Section 3 of Sub. 121
H.B. 694 of the 122nd General Assembly; to amend
Sections 3.01, 3.03, 21, and 30.25 of Am. Sub. 122
H.B. 850 of the 122nd General Assembly; to amend
Section 3 of Am. Sub. H.B. 621 of the 122nd 124
General Assembly; to amend Section 4 of Sub. H.B. 125
167 of the 121st General Assembly, as
subsequently amended; to amend Section 4 of Sub. 126
H.B. 167 of the 121st General Assembly, as
subsequently amended, for the purpose of changing 127
its number to section 5101.86; to repeal Sections 128
3 and 50.48 of Am. Sub. H.B. 215 of the 122nd 129
General Assembly; to repeal Section 25 of Am.
5
Sub. H.B. 650 of the 122nd General Assembly; and 131
to repeal Section 17.03 of Am. Sub. H.B. 850 of 132
the 122nd General Assembly to make operating 133
appropriations for the biennium beginning July 1, 134
1999, and ending June 30, 2001, and to provide
authorization and conditions for the operation of 135
state programs, and to terminate the Muskingum 137
River Advisory Council on December 31, 2002, by
repealing section 1501.25 of the Revised Code on 138
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 140
Section 1. That sections 9.06, 9.07, 102.02, 103.143, 142
103.71, 103.73, 103.74, 109.081, 111.18, 117.14, 117.44, 117.45, 144
118.01, 118.05, 118.08, 120.04, 120.06, 120.18, 120.28, 120.33, 145
121.05, 121.24, 121.371, 122.011, 122.05, 122.15, 122.152, 146
122.71, 122.92, 124.04, 124.07, 124.181, 125.023, 125.111, 147
125.15, 125.28, 126.12, 126.21, 126.25, 126.31, 126.32, 127.16, 148
129.55, 129.63, 129.73, 131.01, 133.20, 135.63, 149.30, 159.03,
159.04, 166.03, 166.05, 167.03, 169.02, 169.03, 169.09, 173.35, 149
307.851, 307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 340.03, 152
341.011, 718.01, 742.63, 753.19, 901.41, 901.62, 901.63, 924.51, 153
1101.15, 1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 1155.10, 154
1155.13, 1161.09, 1161.38, 1163.09, 1163.13, 1163.16, 1181.06, 155
1301.01, 1309.401, 1317.07, 1321.57, 1322.02, 1322.10, 1501.01, 156
1507.01, 1507.12, 1515.091, 1521.04, 1547.67, 1547.68, 1547.72, 157
1555.12, 1751.68, 2108.15, 2305.232, 2941.51, 2949.17, 2949.19,
2949.20, 2949.201, 3109.13, 3109.14, 3109.15, 3109.16, 3109.17, 159
3109.18, 3301.68, 3375.90, 3383.08, 3501.18, 3501.21, 3517.152, 160
3701.04, 3701.261, 3701.262, 3701.263, 3701.89, 3701.99, 3702.52, 162
3702.57, 3702.58, 3702.68, 3705.24, 3721.31, 3721.33, 3722.01, 164
3722.011, 3722.10, 3722.15, 3722.16, 3734.02, 3734.05, 3734.06, 165
3734.18, 3734.28, 3734.57, 3734.82, 3734.87, 3734.901, 3742.03, 167
6
3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 3748.07, 3748.13, 168
3750.02, 3769.20, 3793.08, 3793.10, 3793.12, 4105.17, 4112.04, 169
4112.12, 4163.07, 4301.10, 4301.30, 4301.43, 4301.62, 4303.06, 170
4303.07, 4303.10, 4303.181, 4303.182, 4303.30, 4303.35, 4399.12, 172
4511.191, 4511.83, 4701.03, 4701.06, 4703.36, 4703.37, 4709.01, 173
4712.01, 4713.01, 4713.10, 4713.17, 4717.03, 4717.05, 4717.07, 175
4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 4729.54,
4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 4735.09, 177
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 4747.06, 179
4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 4766.04,
4766.05, 4766.07, 4773.04, 4905.80, 4911.17, 4931.11, 4931.21, 180
4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 5101.16, 5101.21, 181
5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 5101.541, 5101.544, 182
5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 5104.38, 5107.02, 184
5107.05, 5107.10, 5107.16, 5107.18, 5107.22, 5107.24, 5107.26,
5107.28, 5107.541, 5107.60, 5107.72, 5108.06, 5111.01, 5111.022, 185
5111.23, 5111.231, 5112.01, 5112.03, 5112.06, 5112.07, 5112.08, 187
5112.09, 5112.17, 5112.18, 5115.01, 5117.07, 5117.09, 5119.22, 188
5119.61, 5120.14, 5121.03, 5121.04, 5121.06, 5121.07, 5121.08,
5121.09, 5121.10, 5123.60, 5126.35, 5139.27, 5139.271, 5139.28, 190
5139.281, 5139.43, 5139.50, 5139.51, 5139.55, 5145.30, 5502.21,
5502.22, 5502.25, 5502.28, 5502.34, 5515.01, 5528.36, 5703.05, 192
5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 5709.632, 5709.83, 193
5711.16, 5711.22, 5727.01, 5727.111, 5727.12, 5727.30, 5727.31, 194
5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 5727.48, 5727.50, 195
5727.60, 5733.05, 5733.16, 5733.33, 5733.98, 5739.31, 5741.02, 196
5743.08, 5743.14, 5743.55, 5743.59, 5743.99, 5747.11, 5907.11,
5907.13, 5907.141, 5907.15, 6109.01, 6109.21, and 6119.10 be 197
amended; sections 3701.261 (3335.60), 3701.262 (3335.61), and 199
3701.263 (3335.62) be amended for the purpose of adopting new
section numbers as indicated in parentheses; section 122.75 200
(122.751) as it results from Am. Sub. H.B. 117 of the 121st 201
General Assembly be amended for the purpose of adopting a new 202
section number as indicated in parentheses; Section 4 of Sub. 203
7
H.B. 167 of the 121st General Assembly, as amended by Sub. H.B. 204
710 of the 121st General Assembly and Am. Sub. H.B. 215 of the 205
122nd General Assembly, be amended and renumbered as section 206
5101.86; and new sections 122.75, 2108.021, and 2151.55 and 207
sections 9.08, 101.30, 101.301, 117.441, 121.481, 122.19, 122.20, 209
122.21, 122.22, 131.39, 135.91, 135.92, 135.93, 135.94, 135.95, 210
135.96, 135.97, 166.032, 173.011, 173.401, 329.023, 329.041, 211
329.07, 340.091, 1181.18, 1501.25, 2108.022, 2108.023, 2151.551, 212
2151.552, 2151.553, 2151.554, 2744.10, 3335.99, 3353.06, 3353.07, 213
3701.043, 3701.044, 3721.025, 3722.18, 3734.281, 3769.201, 214
4112.15, 4115.101, 4117.24, 4723.282, 4939.01, 4939.02, 4939.03, 215
5101.072, 5101.34, 5101.341, 5101.342, 5101.343, 5101.50, 216
5101.501, 5101.502, 5101.503, 5101.51, 5101.511, 5101.512, 217
5101.513, 5101.514, 5101.515, 5101.516, 5101.517, 5101.518, 218
5101.519, 5101.85, 5101.851, 5101.852, 5101.853, 5101.854,
5104.341, 5107.11, 5107.161, 5107.17, 5107.61, 5111.014, 220
5111.025, 5111.026, 5111.173, 5117.071, 5119.631, 5126.054, 221
5126.357, 5153.123, 5709.70, 5727.24, 5727.25, 5727.26, 5727.27, 222
5727.28, 5727.29, 5733.351, 5733.39, and 5733.42 of the Revised
Code be enacted to read as follows: 223
Sec. 9.06. (A)(1) The department of rehabilitation and 232
correction shall contract for the private operation and 234
management pursuant to this section of the initial intensive
program prison established pursuant to section 5120.033 of the 235
Revised Code and may contract for the private operation and 237
management of any other facility under this section. Counties 238
and municipal corporations to the extent authorized in sections 240
307.93, 341.35, 753.03, and 753.15 of the Revised Code, may 241
contract for the private operation and management of a facility
under this section. A contract entered into under this section 243
shall be for an initial term of not more than two years, with an 244
option to renew for additional periods of two years.
(2) Not later than December 31, 1998, the department of 247
rehabilitation and correction, by rule, shall adopt minimum 248
8
criteria and specifications that a person or entity, other than a 249
person or entity that satisfies the criteria set forth in 250
division (A)(3)(a) of this section and subject to division (I) of 252
this section, must satisfy in order to apply to operate and 253
manage as a contractor pursuant to this section the initial 254
intensive program prison established pursuant to section 5120.033 255
of the Revised Code. 256
(3) Subject to division (I) of this section, any person or 259
entity that applies to operate and manage a facility as a 261
contractor pursuant to this section shall satisfy one or more of
the following criteria: 262
(a) The person or entity is accredited by the American 264
correctional association and, at the time of the application, 266
operates and manages one or more facilities accredited by the 269
American correctional association.
(b) The person or entity satisfies all of the minimum 271
criteria and specifications adopted by the department of 272
rehabilitation and correction pursuant to division (A)(2) of this 273
section, provided that this alternative shall be available only 274
in relation to the initial intensive program prison established 275
pursuant to section 5120.033 of the Revised Code. 277
(4) Subject to division (I) of this section, before a 280
public entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity 281
that it can operate the facility with the inmate capacity 282
required by the public entity and provide the services required 283
in this section and realize at least a five per cent savings over 284
the projected cost to the public entity of providing these same 285
services to operate the facility that is the subject of the 286
contract. No out-of-state prisoners may be housed in any 287
facility that is the subject of a contract entered into under to
this section. 288
(B) Subject to division (I) of this section, any contract 291
entered into under this section shall include all of the
9
following: 292
(1) A requirement that the contractor retain the 294
contractor's accreditation from the American correctional 295
association throughout the contract term OR, IF THE CONTRACTOR 297
APPLIED PURSUANT TO DIVISION (A)(3)(b) OF THIS SECTION, CONTINUE 299
COMPLYING WITH THE APPLICABLE CRITERIA AND SPECIFICATIONS ADOPTED 300
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO 301
DIVISION (A)(2) OF THIS SECTION; 302
(2) A requirement that all of the following conditions be 304
met:
(a) The contractor begins the process of accrediting the 306
facility with the American correctional association no later than 307
sixty days after the facility receives its first inmate. 308
(b) The contractor receives accreditation of the facility 310
within twelve months after the date the contractor applies to the 311
American correctional association for accreditation. 312
(c) Once the accreditation is received, the contractor 314
maintains it for the duration of the contract term. 315
(d) If the contractor does not comply with divisions 317
(B)(2)(a) to (c) of this section, the contractor is in violation 319
of the contract and the public entity may revoke the contract at 320
its discretion.
(3) A requirement that the contractor comply with all 322
rules promulgated by the department of rehabilitation and 323
correction that apply to the operation and management of 324
correctional facilities, including the minimum standards for 325
jails in Ohio and policies regarding the use of force and the use 326
of deadly force, although the public entity may require more 327
stringent standards, and comply with any applicable laws, rules,
or regulations of the federal, state, and local governments, 328
including, but not limited to, sanitation, food service, safety, 329
and health regulations. The contractor shall be required to send 330
copies of reports of inspections completed by the appropriate 331
authorities regarding compliance with rules and regulations to 332
10
the director of rehabilitation and correction or the director's 333
designee and, if contracting with a local public entity, to the 334
governing authority of that entity.
(4) A requirement that the contractor report for 336
investigation all crimes in connection with the facility to the 337
public entity, to all local law enforcement agencies having WITH 338
jurisdiction OVER THE PLACE at WHICH the facility IS LOCATED, 339
and, for a crime committed at a state correctional institution, 341
to the state highway patrol; 342
(5) A REQUIREMENT THAT THE CONTRACTOR IMMEDIATELY REPORT 345
ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 346
ESCAPEES, BY TELEPHONE AND IN WRITING TO ALL LOCAL LAW 347
ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH 348
THE FACILITY IS LOCATED, TO THE PROSECUTING ATTORNEY OF THE 349
COUNTY IN WHICH THE FACILITY IS LOCATED, TO THE STATE HIGHWAY 350
PATROL, TO A DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE
COUNTY IN WHICH THE FACILITY IS LOCATED AND, IF THE INSTITUTION 351
IS A STATE CORRECTIONAL INSTITUTION, TO THE DEPARTMENT OF 353
REHABILITATION AND CORRECTION. THE WRITTEN NOTICE MAY BE BY 354
EITHER FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH 355
THIS REQUIREMENT REGARDING AN ESCAPE IS A VIOLATION OF SECTION 356
2921.22 OF THE REVISED CODE. 357
(6) A requirement that, if the facility is a state 359
correctional institution, the contractor provide a written report 360
within specified time limits to the director of rehabilitation 362
and correction or the director's designee of all unusual
incidents at the facility as defined in rules promulgated by the 363
department of rehabilitation and correction or, if the facility 364
is a local correctional institution, that the contractor provide 365
a written report to the governing authority of the local public 366
entity.;
(6)(7) A requirement that the contractor maintain proper 369
control of inmates' personal funds pursuant to rules promulgated 370
by the department of rehabilitation and correction, for state 371
11
correctional institutions, or pursuant to the minimum standards
for jails along with any additional standards established by the 372
local public entity, for local correctional institutions, and 373
that records pertaining to these funds be made available to 374
representatives of the public entity for review or audit; 375
(7)(8) A requirement that the contractor prepare and 377
distribute to the director of rehabilitation and correction or, 379
if contracting with a local public entity, to the governing 380
authority of the local entity, annual budget income and 381
expenditure statements and funding source financial reports;
(8)(9) A requirement that the public entity appoint and 383
supervise a full-time contract monitor, that the contractor 385
provide suitable office space for the contract monitor at the 386
facility, and that the contractor allow the contract monitor 387
unrestricted access to all parts of the facility and all records 388
of the facility except the contractor's financial records; 389
(9)(10) A requirement that if the facility is a state 391
correctional institution, designated department of rehabilitation 393
and correction staff members be allowed access to the facility in 394
accordance with rules promulgated by the department; 395
(10)(11) A requirement that the contractor provide 397
internal and perimeter security as agreed upon in the contract; 400
(11)(12) If the facility is a state correctional 402
institution, a requirement that the contractor impose discipline 404
on inmates housed in a state correctional institution, only in 405
accordance with rules promulgated by the department of 406
rehabilitation and correction;
(12)(13) A requirement that the facility be staffed at all 408
times with a staffing pattern approved by the public entity and 410
adequate both to ensure supervision of inmates and maintenance of 411
security within the facility, and to provide for programs, 412
transportation, security, and other operational needs. In 413
determining security needs, the contractor shall be required to 414
consider, among other things, the proximity of the facility to 415
12
neighborhoods and schools.
(13)(14) If the contract is with a local public entity, a 417
requirement that the contractor provide the following services 419
and programs, consistent with the minimum standards for jails 421
promulgated by the department of rehabilitation and correction 422
under section 5120.10 of the Revised Code;
(14)(15) A clear statement that no immunity from liability 424
granted to the state, and no immunity from liability granted to 426
political subdivisions under Chapter 2744. of the Revised Code, 427
shall extend to the contractor or any of the contractor's 428
employees;
(15)(16) A statement that all documents and records 430
relevant to the facility shall be maintained in the same manner 431
required for, and subject to the same laws, rules, and 432
regulations as apply to, the records of the public entity; 433
(16)(17) Authorization for the public entity to impose a 435
fine on the contractor from a schedule of fines included in the 437
contract for the contractor's failure to perform its contractual 438
duties, or to cancel the contract, as the public entity considers 439
appropriate. If a fine is imposed, the public entity may reduce 440
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine. 441
(17)(18) A statement that all services provided or goods 443
produced at the facility shall be subject to the same 445
regulations, and the same distribution limitations, as apply to 446
goods and services produced at other correctional institutions; 447
(18)(19) Authorization for the department to establish one 449
or more prison industries at a facility operated and managed by a 451
contractor for the department; 452
(19)(20) A requirement that, if the facility is an 454
intensive program prison established pursuant to section 5120.033 456
of the Revised Code, the facility shall comply with all criteria 458
for intensive program prisons of that type that are set forth in
that section; 459
13
(21) IF THE INSTITUTION IS A STATE CORRECTIONAL 461
INSTITUTION, A REQUIREMENT THAT THE CONTRACTOR PROVIDE CLOTHING 462
FOR ALL INMATES HOUSED IN THE FACILITY THAT IS CONSPICUOUS IN ITS 464
COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES 465
ITS WEARER AS AN INMATE, AND THAT IS READILY DISTINGUISHABLE FROM 466
CLOTHING OF A NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY 467
BY NON-INMATES, THAT THE CONTRACTOR REQUIRE ALL INMATES HOUSED IN 468
THE FACILITY TO WEAR THE CLOTHING SO PROVIDED, AND THAT THE 469
CONTRACTOR NOT PERMIT ANY INMATE, WHILE INSIDE OR ON THE PREMISES 470
OF THE FACILITY, TO WEAR ANY CLOTHING OF A NATURE THAT DOES NOT 471
CONSPICUOUSLY IDENTIFY ITS WEARER AS AN INMATE AND THAT NORMALLY 472
IS WORN OUTSIDE THE FACILITY BY NON-INMATES. 473
(C) No contract entered into under this section may 475
require, authorize, or imply a delegation of the authority or 476
responsibility of the public entity to a contractor for any of 477
the following:
(1) Developing or implementing procedures for calculating 479
inmate release and parole eligibility dates and recommending the 480
granting or denying of parole, although the contractor may submit 481
written reports that have been prepared in the ordinary course of 482
business;
(2) Developing or implementing procedures for calculating 484
and awarding earned credits, approving the type of work inmates 485
may perform and the wage or earned credits, if any, that may be 486
awarded to inmates engaging in such work, and granting, denying, 488
or revoking earned credits;
(3) For inmates serving a term imposed for a felony 490
offense committed prior to July 1, 1996, or for a misdemeanor 491
offense, developing or implementing procedures for calculating 492
and awarding good time, approving the good time, if any, that may 493
be awarded to inmates engaging in work, and granting, denying, or 494
revoking good time;
(4) For inmates serving a term imposed for a felony 496
offense committed on or after July 1, 1996, extending an inmate's 497
14
term pursuant to the provisions of law governing bad time; 498
(5) Classifying an inmate or placing an inmate in a more 501
or a less restrictive custody than the custody ordered by the 502
public entity;
(6) Approving inmates for work release; 504
(7) Contracting for local or long distance telephone 506
services for inmates or receiving commissions from such services 508
at a facility that is owned by or operated under a contract with 509
the department.
(D) A contractor that has been approved to operate a 511
facility under this section, and a person or entity that enters 512
into a contract for specialized services, as described in 513
division (I) of this section, relative to an intensive program 514
prison established pursuant to section 5120.033 of the Revised 515
Code to be operated by a contractor that has been approved to
operate the prison under this section, shall provide an adequate 516
policy of insurance specifically including, but not limited to, 517
insurance for civil rights claims as determined by a risk 518
management or actuarial firm with demonstrated experience in 519
public liability for state governments. The insurance policy 520
shall provide that the state, including all state agencies, and 521
all political subdivisions of the state with jurisdiction over 522
the facility or in which a facility is located are named as
insured, and that the state and its political subdivisions shall 523
be sent any notice of cancellation. The contractor may not 524
self-insure.
A contractor that has been approved to operate a facility 527
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) 528
of this section, relative to an intensive program prison 529
established pursuant to section 5120.033 of the Revised Code to 530
be operated by a contractor that has been approved to operate the 532
prison under this section, shall indemnify and hold harmless the 533
state, its officers, agents, and employees, and any local 535
15
government entity in the state having jurisdiction over the 536
facility or ownership of the facility, shall reimburse the state 537
for its costs in defending the state or any of its officers, 538
agents, or employees, and shall reimburse any local government 539
entity of that nature for its costs in defending the local 540
government entity, from all of the following:
(1) Any claims or losses for services rendered by the 542
contractor, person, or entity performing or supplying services in 544
connection with the performance of the contract; 545
(2) Any failure of the contractor, person, or entity or 547
its officers or employees to adhere to the laws, rules, 549
regulations, or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights 551
claim brought against the state related to the facility operated 552
and managed by the contractor;
(4) Any claims, losses, demands, or causes of action 554
arising out of the contractor's, person's, or entity's activities 555
in this state;
(5) Any attorney's fees or court costs arising from any 557
habeas corpus actions or other inmate suits that may arise from 558
any event that occurred at the facility or was a result of such 559
an event, or arise over the conditions, management, or operation 560
of the facility, which fees and costs shall include, but not be 561
limited to, attorney's fees for the state's representation and
for any court-appointed representation of any inmate, and the 562
costs of any special judge who may be appointed to hear such 563
actions.
(E) Private correctional officers of a contractor 565
operating and managing a facility pursuant to a contract entered 566
into under this section may carry and use firearms in the course 568
of their employment only after being certified as satisfactorily 569
completing an approved training program as described in division 570
(A) of section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from, 572
16
or of a disturbance at, the facility that is the subject of a 573
contract entered into under this section, the department of 574
rehabilitation and correction and state and local law enforcement 575
agencies shall use all reasonable means to recapture escapees or 576
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee 577
or the quelling of a disturbance at the facility shall be 578
chargeable to and borne by the contractor. The contractor shall 579
also reimburse the state or its political subdivisions for all 580
reasonable costs incurred relating to the temporary detention of 581
the escapee following recapture.
(G) Any offense that would be a crime if committed at a 583
state correctional institution or jail, workhouse, prison, or 584
other correctional facility shall be a crime if committed by or 585
with regard to inmates at facilities operated pursuant to a 586
contract entered into under this section. 587
(H) A contractor operating and managing a facility 589
pursuant to a contract entered into under this section shall pay 590
any inmate workers at the facility at the rate approved by the 592
public entity. Inmates working at the facility shall not be 593
considered employees of the contractor.
(I) In contracting for the private operation and 595
management pursuant to division (A) of this section of the 596
initial intensive program prison established pursuant to section 597
5120.033 of the Revised Code or of any other intensive program 599
prison established pursuant to that section, the department of
rehabilitation and correction may enter into a contract with a 600
contractor for the general operation and management of the prison 601
and may enter into one or more separate contracts with other 602
persons or entities for the provision of specialized services for 603
persons confined in the prison, including, but not limited to, 604
security or training services or medical, counseling,
educational, or similar treatment programs. If, pursuant to this 605
division, the department enters into a contract with a contractor 606
17
for the general operation and management of the prison and also 607
enters into one or more specialized service contracts with other 608
persons or entities, all of the following apply: 609
(1) The contract for the general operation and management 611
shall comply with all requirements and criteria set forth in this 612
section, and all provisions of this section apply in relation to 613
the prison operated and managed pursuant to the contract. 614
(2) Divisions (A)(2), (B), and (C) of this section do not 617
apply in relation to any specialized services contract, except to 618
the extent that the provisions of those divisions clearly are
relevant to the specialized services to be provided under the 619
specialized services contract. Division (D) of this section 620
applies in relation to each specialized services contract. 621
(J) As used in this section: 624
(1) "Public entity" means the department of rehabilitation 626
and correction, or a county or municipal corporation or a 627
combination of counties and municipal corporations, that has 628
jurisdiction over a facility that is the subject of a contract 629
entered into under this section.
(2) "Local public entity" means a county or municipal 631
corporation, or a combination of counties and municipal 632
corporations, that has jurisdiction over a jail, workhouse, or 633
other correctional facility used only for misdemeanants that is 634
the subject of a contract entered into under this section.
(3) "Governing authority of a local public entity" means, 636
for a county, the board of county commissioners; for a municipal 637
corporation, the legislative authority; for a combination of 638
counties and municipal corporation, all the boards of county 639
commissioners and municipal legislative authorities that joined 640
to create the facility.
(4) "Contractor" means a person who enters into a contract 642
under this section to operate and manage a jail, workhouse, or 643
other correctional facility.
(5) "Facility" means the specific county, multicounty, 645
18
municipal, municipal-county, or multicounty-municipal jail, 646
workhouse, prison, or other type of correctional institution or 647
facility used only for misdemeanants, or a state correctional 648
institution, that is the subject of a contract entered into under 649
this section.
Sec. 9.07. (A) As used in this section: 658
(1) "Deadly weapon" has the same meaning as in section 660
2923.11 of the Revised Code. 661
(2) "Governing authority of a local public entity" means 663
whichever of the following is applicable: 664
(a) For a county, the board of county commissioners of the 667
county;
(b) For a municipal corporation, the legislative authority 670
of the municipal corporation;
(c) For a combination of counties, a combination of 673
municipal corporations, or a combination of one or more counties 674
and one or more municipal corporations, all boards of county 675
commissioners and legislative authorities of all of the counties 676
and municipal corporations that combined to form a local public 677
entity for purposes of this section.
(3) "Local public entity" means a county, a municipal 679
corporation, a combination of counties, a combination of 680
municipal corporations, or a combination of one or more counties 681
and one or more municipal corporations. 682
(4) "Non-contracting political subdivision" means any 685
political subdivision to which all of the following apply:
(a) A correctional facility for the housing of 687
out-of-state prisoners in this state is or will be located in the 688
political subdivision. 689
(b) The correctional facility described in division 691
(A)(4)(a) of this section is being operated and managed, or will 693
be operated and managed, by a local public entity or a private 694
contractor pursuant to a contract entered into prior to the 696
effective date of this section MARCH 17, 1998, or a contract 698
19
entered into on or after the effective date of this section MARCH 700
17, 1998, under this section. 701
(c) The political subdivision is not a party to the 703
contract described in division (A)(4)(b) of this section for the 706
management and operation of the correctional facility.
(5) "Out-of-state jurisdiction" means the United States, 708
any state other than this state, and any political subdivision or 710
other jurisdiction located in a state other than this state. 711
(6) "Out-of-state prisoner" means a person who is 713
convicted of a crime in another state or under the laws of the 714
United States or who is found under the laws of another state or 716
of the United States to be a delinquent child or the 718
substantially equivalent designation.
(7) "Private contractor" means either of the following: 720
(a) A person who, on or after the effective date of this 722
section MARCH 17, 1998, enters into a contract under this section 725
with a local public entity to operate and manage a correctional 726
facility in this state for out-of-state prisoners. 727
(b) A person who, pursuant to a contract with a local 729
public entity entered into prior to the effective date of this 731
section MARCH 17, 1998, operates and manages on the effective 733
date of this section MARCH 17, 1998, a correctional facility in 735
this state for housing out-of-state prisoners. 736
(B) Subject to division (I) of this section, the only 738
entities other than this state that are authorized to operate a 739
correctional facility to house out-of-state prisoners in this 740
state are a local public entity that operates a correctional 741
facility pursuant to this section or a private contractor that 742
operates a correctional facility pursuant to this section under a 744
contract with a local public entity.
Subject to division (I) of this section, a private entity 747
may operate a correctional facility in this state for the housing 748
of out-of-state prisoners only if the private entity is a private 749
contractor that enters into a contract that comports with 750
20
division (D) of this section with a local public entity for the 751
management and operation of the correctional facility. 752
(C)(1) Except as provided in this division, on and after 755
the effective date of this section MARCH 17, 1998, a local public 756
entity shall not enter into a contract with an out-of-state 758
jurisdiction to house out-of-state prisoners in a correctional 759
facility in this state. On and after the effective date of this 760
section MARCH 17, 1998, a local public entity may enter into a 762
contract with an out-of-state jurisdiction to house out-of-state 763
prisoners in a correctional facility in this state only if the 765
local public entity and the out-of-state jurisdiction with which 766
the local public entity intends to contract jointly submit to the 767
department of rehabilitation and correction a statement that 768
certifies the correctional facility's intended use, intended 769
prisoner population, and custody level, and the department 770
reviews and comments upon the plans for the design or renovation 771
of the correctional facility regarding their suitability for the 773
intended prisoner population specified in the submitted 774
statement.
(2) If a local public entity and an out-of-state 776
jurisdiction enter into a contract to house out-of-state 777
prisoners in a correctional facility in this state as authorized 778
under division (C)(1) of this section, in addition to any other 780
provisions it contains, the contract shall include whichever of 781
the following provisions is applicable:
(a) If a private contractor will operate the facility in 784
question pursuant to a contract entered into in accordance with 785
division (D) of this section, a requirement that, if the facility 786
is closed or ceases to operate for any reason and if the 787
conversion plan described in division (D)(16) of this section is 789
not complied with, the out-of-state jurisdiction will be 790
responsible for housing and transporting the prisoners who are in 791
the facility at the time it is closed or ceases to operate and 792
for the cost of so housing and transporting those prisoners; 793
21
(b) If a private contractor will not operate the facility 796
in question pursuant to a contract entered into in accordance 797
with division (D) of this section, a conversion plan that will be 799
followed if, for any reason, the facility is closed or ceases to 800
operate. The conversion plan shall include, but is not limited 801
to, provisions that specify whether the local public entity or 802
the out-of-state jurisdiction will be responsible for housing and 803
transporting the prisoners who are in the facility at the time it 804
is closed or ceases to operate and for the cost of so housing and 805
transporting those prisoners.
(3) If a local public entity and an out-of-state 807
jurisdiction intend to enter into a contract to house 808
out-of-state prisoners in a correctional facility in this state 809
as authorized under division (C)(1) of this section, or if a 810
local public entity and a private contractor intend to enter into 811
a contract pursuant to division (D) of this section for the 812
private contractor's management and operation of a correctional 813
facility in this state to house out-of-state prisoners, prior to
entering into the contract the local public entity and the 814
out-of-state jurisdiction, or the local public entity and the 815
private contractor, whichever is applicable, shall conduct a 817
public hearing in accordance with this division, and, prior to
entering into the contract, the governing authority of the local 818
public entity in which the facility is or will be located shall 819
authorize the location and operation of the facility. The 820
hearing shall be conducted at a location within the municipal 821
corporation or township in which the facility is or will be 823
located. At least one week prior to conducting the hearing, the 824
local public entity and the out-of-state jurisdiction or private 825
contractor with the duty to conduct the hearing shall cause 827
notice of the date, time, and place of the hearing to be made by 829
publication in the newspaper with the largest general circulation 830
in the county in which the municipal corporation or township is 831
located. The notice shall be of a sufficient size that it covers
22
at least one-quarter of a page of the newspaper in which it is 832
published. This division applies to a private contractor that, 833
pursuant to the requirement set forth in division (I) of this 834
section, is required to enter into a contract under division (D) 835
of this section.
(D) Subject to division (I) of this section, on and after 838
the effective date of this section MARCH 17, 1998, if a local 839
public entity enters into a contract with a private contractor 840
for the management and operation of a correctional facility in 841
this state to house out-of-state prisoners, the contract, at a 842
minimum, shall include all of the following provisions:
(1) A requirement that the private contractor seek and 844
obtain accreditation from the American correctional association 845
for the correctional facility within two years after accepting 846
the first out-of-state prisoner at the correctional facility 847
under the contract and that it maintain that accreditation for 848
the term of the contract;
(2) A requirement that the private contractor comply with 850
all applicable laws, rules, or regulations of the government of 851
this state, political subdivisions of this state, and the United 853
States, including, but not limited to, all sanitation, food 855
service, safety, and health regulations; 856
(3) A requirement that the private contractor send copies 858
of reports of inspections completed by appropriate authorities 859
regarding compliance with laws, rules, and regulations of the 860
type described in division (D)(2) of this section to the director 863
of rehabilitation and correction or the director's designee and 864
to the governing authority of the local public entity in which 865
the correctional facility is located;
(4) A requirement that the private contractor report to 867
the local law enforcement agencies with jurisdiction over the 868
place at which the correctional facility is located, for 869
investigation, all criminal offenses or delinquent acts that are 870
committed in or on the grounds of, or otherwise in connection 871
23
with, the correctional facility and report to the department of 872
rehabilitation and correction all escapes from or disturbances at 874
the facility;
(5) A REQUIREMENT THAT THE PRIVATE CONTRACTOR IMMEDIATELY 876
REPORT ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 878
ESCAPEES, BY TELEPHONE AND IN WRITING TO THE DEPARTMENT OF 879
REHABILITATION AND CORRECTION, TO ALL LOCAL LAW ENFORCEMENT 880
AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH THE FACILITY 881
IS LOCATED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 882
ATTORNEY OF THE COUNTY IN WHICH THE FACILITY IS LOCATED, AND TO A 883
DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY IN WHICH 884
THE FACILITY IS LOCATED. THE WRITTEN NOTICE MAY BE BY EITHER 885
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 886
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 888
CODE.
(6) A requirement that the private contractor provide a 890
written report to the director of rehabilitation and correction 891
or the director's designee and to the governing authority of the 892
local public entity in which the correctional facility is located 894
of all unusual incidents occurring at the correctional facility. 895
The private contractor shall report the incidents in accordance
with the incident reporting rules that, at the time of the 897
incident, are applicable to state correctional facilities for 898
similar incidents occurring at state correctional facilities. 899
(6)(7) A requirement that the private contractor provide 901
internal and perimeter security to protect the public, staff 902
members of the correctional facility, and prisoners in the 903
correctional facility; 904
(7)(8) A requirement that the correctional facility be 906
staffed at all times with a staffing pattern that is adequate to 907
ensure supervision of inmates and maintenance of security within 908
the correctional facility and to provide for appropriate 909
programs, transportation, security, and other operational needs. 910
In determining security needs for the correctional facility, the 912
24
private contractor and the contract requirements shall fully take 913
into account all relevant factors, including, but not limited to, 914
the proximity of the facility to neighborhoods and schools. 915
(8)(9) A requirement that the private contractor provide 917
an adequate policy of insurance that satisfies the requirements 918
set forth in division (D) of section 9.06 of the Revised Code 920
regarding contractors who operate and manage a facility under 921
that section, and that the private contractor indemnify and hold 922
harmless the state, its officers, agents, and employees, and any 923
local public entity in the state with jurisdiction over the place 924
at which the correctional facility is located or that owns the 925
correctional facility, reimburse the state for its costs in 927
defending the state or any of its officers, agents, or employees,
and reimburse any local government entity of that nature for its 928
costs in defending the local government entity, in the manner 930
described in division (D) of that section regarding contractors 932
who operate and manage a facility under that section; 933
(9)(10) A requirement that the private contractor develop 935
a security classification schedule ADOPT for prisoners housed in 937
the correctional facility THE SECURITY CLASSIFICATION SYSTEM AND 938
SCHEDULE ADOPTED BY THE DEPARTMENT OF REHABILITATION AND 939
CORRECTION UNDER SECTION 5145.03 OF THE REVISED CODE, classify in 940
accordance with the SYSTEM AND schedule each prisoner housed in 941
the facility, and house all prisoners in the facility in 942
accordance with their classification under this division; 943
(10)(11) A requirement that the private contractor will 945
not accept for housing, and will not house, in the correctional 946
facility any out-of-state prisoner in relation to whom either ANY 948
of the following applies:
(a) The private entity has not obtained from the 950
out-of-state jurisdiction that imposed the sentence or sanction 951
under which the prisoner will be confined in this state a copy of 953
the institutional record of the prisoner while previously
confined in that out-of-state jurisdiction or a statement that 954
25
the prisoner previously has not been confined in that 955
out-of-state jurisdiction and a copy of all medical records 956
pertaining to that prisoner that are in the possession of the 957
out-of-state jurisdiction. 958
(b) The prisoner, while confined in any out-of-state 961
jurisdiction, has a record of institutional violence involving 962
the use of a deadly weapon and OR a pattern of committing acts of 964
an assaultive nature against employees of, or visitors to, the 965
place of confinement or has a record of escape or attempted 966
escape from secure custody.
(c) UNDER THE SECURITY CLASSIFICATION SYSTEM AND SCHEDULE 968
ADOPTED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER 969
SECTION 5145.03 OF THE REVISED CODE AND ADOPTED BY THE PRIVATE 970
CONTRACTOR UNDER DIVISION (B)(10) OF THIS SECTION, THE 971
OUT-OF-STATE PRISONER WOULD BE CLASSIFIED AS BEING AT A SECURITY
LEVEL HIGHER THAN MEDIUM SECURITY. 972
(11)(12) A requirement that the private contractor, prior 974
to housing any out-of-state prisoner in the correctional facility 975
under the contract, enter into a written agreement with the 976
department of rehabilitation and correction that sets forth a 978
plan and procedure that will be used to coordinate law 979
enforcement activities of state law enforcement agencies and of
local law enforcement agencies with jurisdiction over the place 980
at which the facility is located in response to any riot, 981
rebellion, escape, insurrection, or other emergency occurring 982
inside or outside the facility; 983
(12)(13) A requirement that the private contractor 985
cooperate with the correctional institution inspection committee 986
in the committee's performance of its duties under section 103.73 987
of the Revised Code and provide the committee, its subcommittees, 989
and its staff members, AND ANY INDIVIDUAL PERFORMING CORRECTIONAL 990
INSTITUTION INSPECTION SERVICES ON BEHALF OF THE COMMITTEE 991
PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 103.74 OF THE 992
REVISED CODE, in performing those duties, with access to the 993
26
correctional facility as described in that section; 994
(13)(14) A requirement that the private contractor permit 996
any peace officer who serves a law enforcement agency with 997
jurisdiction over the place at which the correctional facility is 999
located to enter into the facility to investigate any criminal 1,000
offense or delinquent act that allegedly has been committed in or 1,001
on the grounds of, or otherwise in connection with, the facility; 1,002
(14)(15) A requirement that the private contractor will 1,004
not employ any person at the correctional facility until after 1,005
the private contractor has submitted to the bureau of criminal 1,006
identification and investigation, on a form prescribed by the 1,007
superintendent of the bureau, a request that the bureau conduct a 1,008
criminal records check of the person and a requirement that the 1,009
private contractor will not employ any person at the facility if 1,010
the records check or other information possessed by the 1,011
contractor indicates that the person previously has engaged in 1,012
malfeasance; 1,013
(15)(16) A requirement that the private contractor will 1,015
not accept for housing, and will not house, in the correctional 1,016
facility any out-of-state prisoner unless the private contractor 1,017
and the out-of-state jurisdiction that imposed the sentence for 1,018
which the prisoner is to be confined agree that, if the 1,019
out-of-state prisoner is confined in the facility in this state, 1,020
commits a criminal offense while confined in the facility, is 1,021
convicted of or pleads guilty to that offense, and is sentenced 1,022
to a term of confinement for that offense but is not sentenced to 1,023
death for that offense, the private contractor and the 1,024
out-of-state jurisdiction will do all of the following: 1,025
(a) Unless section 5120.50 of the Revised Code does not 1,028
apply in relation to the offense the prisoner committed while
confined in this state and the term of confinement imposed for 1,030
that offense, the out-of-state jurisdiction will accept the 1,032
prisoner pursuant to that section for service of that term of 1,034
confinement and for any period of time remaining under the
27
sentence for which the prisoner was confined in the facility in 1,035
this state, the out-of-state jurisdiction will confine the 1,036
prisoner pursuant to that section for that term and that 1,037
remaining period of time, and the private contractor will 1,038
transport the prisoner to the out-of-state jurisdiction for 1,039
service of that term and that remaining period of time. 1,040
(b) If section 5120.50 of the Revised Code does not apply 1,042
in relation to the offense the prisoner committed while confined 1,043
in this state and the term of confinement imposed for that 1,044
offense, the prisoner shall be returned to the out-of-state 1,045
jurisdiction or its private contractor for completion of the 1,046
period of time remaining under the out-of-state sentence for 1,048
which the prisoner was confined in the facility in this state
before starting service of the term of confinement imposed for 1,050
the offense committed while confined in this state, the 1,051
out-of-state jurisdiction or its private contractor will confine 1,052
the prisoner for that remaining period of time and will transport
the prisoner outside of this state for service of that remaining 1,053
period of time, and, if the prisoner is confined in this state in 1,055
a facility operated by the department of rehabilitation and 1,056
correction, the private contractor will be financially
responsible for reimbursing the department at the per diem cost 1,057
of confinement for the duration of that incarceration, with the 1,058
amount of the reimbursement so paid to be deposited in the 1,059
department's prisoner programs fund. 1,060
(16)(17) A requirement that the private contractor, prior 1,063
to housing any out-of-state prisoner in the correctional facility 1,064
under the contract, enter into an agreement with the local public 1,065
entity that sets forth a conversion plan that will be followed 1,066
if, for any reason, the facility is closed or ceases to operate. 1,067
The conversion plan shall include, but is not limited to, 1,068
provisions that specify whether the private contractor, the local 1,069
public entity, or the out-of-state jurisdictions that imposed the 1,070
sentences for which the out-of-state prisoners are confined in 1,071
28
the facility will be responsible for housing and transporting the 1,072
prisoners who are in the facility at the time it is closed or 1,073
ceases to operate and for the cost of so housing and transporting 1,074
those prisoners.
(17)(18) A schedule of fines that the local public entity 1,076
shall impose upon the private contractor if the private 1,078
contractor fails to perform its contractual duties, and a 1,079
requirement that, if the private contractor fails to perform its 1,080
contractual duties, the local public entity shall impose a fine 1,082
on the private contractor from the schedule of fines and, in
addition to the fine, may exercise any other rights it has under 1,084
the contract. Division (F)(2) of this section applies regarding 1,085
a fine described in this division.
(18)(19) A requirement that the private contractor adopt 1,087
and use in the correctional facility the drug testing and 1,089
treatment program that the department of rehabilitation and 1,090
correction uses for inmates in state correctional institutions; 1,091
(20) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE 1,094
CLOTHING FOR ALL OUT-OF-STATE PRISONERS HOUSED IN THE 1,095
CORRECTIONAL FACILITY THAT IS CONSPICUOUS IN ITS COLOR, STYLE, OR 1,096
COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES ITS WEARER AS A 1,097
PRISONER, AND THAT IS READILY DISTINGUISHABLE FROM CLOTHING OF A 1,098
NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY BY
NON-PRISONERS, THAT THE PRIVATE CONTRACTOR REQUIRE ALL 1,099
OUT-OF-STATE PRISONERS HOUSED IN THE FACILITY TO WEAR THE 1,100
CLOTHING SO PROVIDED, AND THAT THE PRIVATE CONTRACTOR NOT PERMIT 1,101
ANY OUT-OF-STATE PRISONER, WHILE INSIDE OR ON THE PREMISES OF THE 1,103
FACILITY, TO WEAR ANY CLOTHING OF A NATURE THAT DOES NOT
CONSPICUOUSLY IDENTIFY ITS WEARER AS A PRISONER AND THAT NORMALLY 1,105
IS WORN OUTSIDE THE FACILITY BY NON-PRISONERS;
(21) A REQUIREMENT THAT, AT THE TIME THE CONTRACT IS MADE, 1,107
THE PRIVATE CONTRACTOR PROVIDE TO ALL PARTIES TO THE CONTRACT 1,108
ADEQUATE PROOF THAT IT HAS COMPLIED WITH THE REQUIREMENT 1,109
DESCRIBED IN DIVISION (D)(9) OF THIS SECTION, AND A REQUIREMENT 1,110
29
THAT, AT ANY TIME DURING THE TERM OF THE CONTRACT, THE PRIVATE 1,111
CONTRACTOR UPON REQUEST PROVIDE TO ANY PARTY TO THE CONTRACT 1,112
ADEQUATE PROOF THAT IT CONTINUES TO BE IN COMPLIANCE WITH THE 1,113
REQUIREMENT DESCRIBED IN DIVISION (D)(9) OF THIS SECTION. 1,114
(E) A private correctional officer or other designated 1,117
employee of a private contractor that operates a correctional 1,118
facility that houses out-of-state prisoners in this state under a 1,119
contract entered into prior to, on, or after the effective date 1,120
of this section MARCH 17, 1998, may carry and use firearms in the 1,122
course of the officer's or employee's employment only if the 1,123
officer or employee is certified as having satisfactorily 1,124
completed an approved training program designed to qualify 1,126
persons for positions as special police officers, security
guards, or persons otherwise privately employed in a police 1,127
capacity, as described in division (A) of section 109.78 of the 1,129
Revised Code.
(F)(1) Upon notification by the private contractor of an 1,132
escape from, or of a disturbance at, a correctional facility that 1,133
is operated by a private contractor under a contract entered into 1,134
prior to, on, or after the effective date of this section MARCH 1,136
17, 1998, and that houses out-of-state prisoners in this state, 1,137
the department of rehabilitation and correction and state and 1,139
local law enforcement agencies shall use all reasonable means to 1,140
recapture persons who escaped from the facility or quell any 1,141
disturbance at the facility, in accordance with the plan and 1,142
procedure included in the written agreement entered into under
division (D)(11)(12) of this section in relation to contracts 1,144
entered into on or after the effective date of this section MARCH 1,146
17, 1998, and in accordance with their normal procedures in 1,147
relation to contracts entered into prior to the effective date of 1,148
this section MARCH 17, 1998. Any cost incurred by this state or 1,150
a political subdivision of this state relating to the 1,151
apprehension of a person who escaped from the facility, to the 1,152
quelling of a disturbance at the facility, or to the
30
investigation or prosecution as described in division (G)(2) of 1,153
this section of any offense relating to the escape or disturbance 1,154
shall be chargeable to and borne by the private contractor. The 1,155
contractor also shall reimburse the state or its political 1,156
subdivisions for all reasonable costs incurred relating to the 1,157
temporary detention of a person who escaped from the facility, 1,158
following the person's recapture. 1,159
(2) If a private contractor that, on or after the 1,161
effective date of this section MARCH 17, 1998, enters into a 1,163
contract under this section with a local public entity for the 1,165
operation of a correctional facility that houses out-of-state
prisoners fails to perform its contractual duties, the local 1,167
public entity shall impose upon the private contractor a fine 1,168
from the schedule of fines included in the contract and may 1,169
exercise any other rights it has under the contract. A fine 1,170
imposed under this division shall be paid to the local public 1,171
entity that enters into the contract, and the local public entity 1,172
shall deposit the money so paid into its treasury to the credit 1,173
of the fund used to pay for community policing. If a fine is 1,174
imposed under this division, the local public entity may reduce 1,176
the payment owed to the private contractor pursuant to any 1,177
invoice in the amount of the fine.
(3) If a private contractor, on or after the effective 1,179
date of this section MARCH 17, 1998, enters into a contract under 1,181
this section with a local public entity for the operation of a
correctional facility that houses out-of-state prisoners in this 1,183
state, the private contractor shall comply with the insurance,
indemnification, hold harmless, and cost reimbursement provisions 1,184
described in division (D)(8)(9) of this section. 1,185
(G)(1) Any act or omission that would be a criminal 1,188
offense or a delinquent act if committed at a state correctional 1,189
institution or at a jail, workhouse, prison, or other 1,190
correctional facility operated by this state or by any political 1,191
subdivision or group of political subdivisions of this state 1,192
31
shall be a criminal offense or delinquent act if committed by or 1,193
with regard to any out-of-state prisoner who is housed at any 1,194
correctional facility operated by a private contractor in this 1,195
state pursuant to a contract entered into prior to, on, or after 1,196
the effective date of this section MARCH 17, 1998. 1,197
(2) If any political subdivision of this state experiences 1,200
any cost in the investigation or prosecution of an offense 1,201
committed by an out-of-state prisoner housed in a correctional 1,202
facility operated by a private contractor in this state pursuant 1,203
to a contract entered into prior to, on, or after the effective 1,204
date of this section MARCH 17, 1998, the private contractor shall 1,205
reimburse the political subdivision for the costs so experienced. 1,207
(3)(a) Except as otherwise provided in this division, the 1,209
state, and any officer or employee, as defined in section 109.36 1,210
of the Revised Code, of the state is not liable in damages in a 1,212
civil action for any injury, death, or loss to person or property 1,213
that allegedly arises from, or is related to, the establishment, 1,215
management, or operation of a correctional facility to house
out-of-state prisoners in this state pursuant to a contract 1,216
between a local public entity and an out-of-state jurisdiction, a 1,217
local public entity and a private contractor, or a private 1,218
contractor and an out-of-state jurisdiction that was entered into 1,219
prior to the effective date of this section MARCH 17, 1998, or 1,221
that is entered into on or after the effective date of this 1,222
section MARCH 17, 1998, in accordance with its provisions. The 1,225
immunity provided in this division does not apply regarding an 1,226
act or omission of an officer or employee, as defined in section
109.36 of the Revised Code, of the state that is manifestly 1,228
outside the scope of the officer's or employee's official 1,229
responsibilities or regarding an act or omission of the state, or 1,231
of an officer or employee, as so defined, of the state that is 1,232
undertaken with malicious purpose, in bad faith, or in a wanton 1,233
or reckless manner.
(b) Except as otherwise provided in this division, a 1,235
32
non-contracting political subdivision, and any employee, as 1,236
defined in section 2744.01 of the Revised Code, of a 1,238
non-contracting political subdivision is not liable in damages in 1,239
a civil action for any injury, death, or loss to person or 1,240
property that allegedly arises from, or is related to, the 1,241
establishment, management, or operation of a correctional 1,242
facility to house out-of-state prisoners in this state pursuant 1,243
to a contract between a local public entity other than the 1,244
non-contracting political subdivision and an out-of-state 1,245
jurisdiction, a local public entity other than the
non-contracting political subdivision and a private contractor, 1,247
or a private contractor and an out-of-state jurisdiction that was 1,248
entered into prior to the effective date of this section MARCH 1,250
17, 1998, or that is entered into on or after the effective date 1,251
of this section MARCH 17, 1998, in accordance with its 1,253
provisions. The immunity provided in this division does not 1,254
apply regarding an act or omission of an employee, as defined in 1,255
section 2744.01 of the Revised Code, of a non-contracting 1,256
political subdivision that is manifestly outside the scope of the 1,257
employee's employment or official responsibilities or regarding 1,258
an act or omission of a non-contracting political subdivision or 1,259
an employee, as so defined, of a non-contracting political 1,260
subdivision that is undertaken with malicious purpose, in bad 1,261
faith, or in a wanton or reckless manner.
(c) Divisions (G)(3)(a) and (b) of this section do not 1,265
affect any immunity or defense that the state and its officers 1,266
and employees or a non-contracting political subdivision and its 1,267
employees may be entitled to under another section of the Revised 1,268
Code or the common law of this state, including, but not limited
to, section 9.86 or Chapter 2744. of the Revised Code. 1,269
(H)(1) Upon the completion of an out-of-state prisoner's 1,271
term of detention at a correctional facility operated by a 1,272
private contractor in this state pursuant to a contract entered 1,273
into prior to, on, or after the effective date of this section 1,275
33
MARCH 17, 1998, the operator of the correctional facility shall 1,276
transport the prisoner to the out-of-state jurisdiction that 1,277
imposed the sentence for which the prisoner was confined before 1,278
it releases the prisoner from its custody. 1,279
(2) No private contractor that operates and manages a 1,282
correctional facility housing out-of-state prisoners in this
state pursuant to a contract entered into prior to, on, or after 1,284
the effective date of this section MARCH 17, 1998, shall fail to 1,286
comply with division (H)(1) of this section.
(3) Whoever violates division (H)(2) of this section is 1,289
guilty of a misdemeanor of the first degree. 1,290
(I) Except as otherwise provided in this division, the 1,293
provisions of divisions (A) to (H) of this section apply in 1,294
relation to any correctional facility operated by a private 1,295
contractor in this state to house out-of-state prisoners, 1,296
regardless of whether the facility is operated pursuant to a 1,297
contract entered into prior to, on, or after the effective date 1,298
of this section MARCH 17, 1998. Division (C)(1) of this section 1,300
shall not apply in relation to any correctional facility for
housing out-of-state prisoners in this state that is operated by 1,301
a private contractor under a contract entered into with a local 1,302
public entity prior to the effective date of this section MARCH 1,303
17, 1998. If a private contractor operates a correctional 1,304
facility in this state for the housing of out-of-state prisoners 1,305
under a contract entered into with a local public entity prior to 1,306
the effective date of this section MARCH 17, 1998, no later than 1,307
one hundred eighty THIRTY days after the effective date of this 1,309
section AMENDMENT, the private contractor shall enter into a 1,311
contract with the local public entity that comports to the
requirements and criteria of division (D) of this section. 1,312
Sec. 9.08. THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL 1,314
CONDUCT AN ONGOING STUDY TO MONITOR THE PERFORMANCE OF ALL STATE 1,315
CORRECTIONAL FACILITIES THAT ARE PRIVATELY OPERATED AND MANAGED 1,316
PURSUANT TO SECTION 9.06 OF THE REVISED CODE, INCLUDING THE 1,317
34
FACILITIES LOCATED IN THE MUNICIPAL CORPORATIONS OF CONNEAUT AND 1,319
GRAFTON. THE DEPARTMENT SHALL DELINEATE THE SCOPE OF THE STUDY 1,320
AND MAY REVISE THE SCOPE OF THE STUDY WHEN APPROPRIATE. THE 1,321
DEPARTMENT SHALL MAKE REGULAR REPORTS CONTAINING THE FINDINGS OF 1,323
THE STUDY TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE 1,324
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER 1,325
OF THE SENATE. THE DEPARTMENT SHALL SUBMIT A REPORT AT LEAST 1,326
ONCE PER YEAR BUT MAY SUBMIT REPORTS AT MORE FREQUENT INTERVALS. 1,327
IN EACH REPORT, THE DEPARTMENT SHALL DESCRIBE THE CURRENT SCOPE 1,328
OF THE STUDY.
Sec. 101.30. (A) AS USED IN THIS SECTION: 1,330
(1) "LEGISLATIVE DOCUMENT" INCLUDES, BUT IS NOT LIMITED 1,332
TO, ALL OF THE FOLLOWING: 1,333
(a) A WORKING PAPER, WORK PRODUCT, CORRESPONDENCE, 1,335
PRELIMINARY DRAFT, NOTE, PROPOSED BILL OR RESOLUTION, PROPOSED 1,336
AMENDMENT TO A BILL OR RESOLUTION, ANALYSIS, OPINION, MEMORANDUM, 1,338
OR OTHER DOCUMENT IN WHATEVER FORM OR FORMAT PREPARED BY
LEGISLATIVE STAFF FOR A MEMBER OF THE GENERAL ASSEMBLY OR FOR 1,341
GENERAL ASSEMBLY STAFF; 1,342
(b) ANY DOCUMENT OR MATERIAL IN WHATEVER FORM OR FORMAT 1,344
PROVIDED BY A MEMBER OF THE GENERAL ASSEMBLY OR GENERAL ASSEMBLY 1,347
STAFF TO LEGISLATIVE STAFF THAT REQUESTS, OR THAT PROVIDES 1,348
INFORMATION OR MATERIALS TO ASSIST IN, THE PREPARATION OF ANY OF 1,349
THE ITEMS DESCRIBED IN DIVISION (A)(1)(a) OF THIS SECTION; 1,350
(c) ANY SUMMARY OF A BILL OR RESOLUTION OR OF AN AMENDMENT 1,352
TO A BILL OR RESOLUTION IN WHATEVER FORM OR FORMAT THAT IS 1,353
PREPARED BY OR IN THE POSSESSION OF A MEMBER OF THE GENERAL 1,354
ASSEMBLY OR GENERAL ASSEMBLY STAFF, IF THE SUMMARY IS PREPARED 1,355
BEFORE THE BILL, RESOLUTION, OR AMENDMENT IS FILED FOR 1,356
INTRODUCTION OR PRESENTED AT A COMMITTEE HEARING OR FLOOR 1,357
SESSION, AS APPLICABLE.
(2) "LEGISLATIVE STAFF" MEANS THE STAFF OF THE LEGISLATIVE 1,360
SERVICE COMMISSION, LEGISLATIVE BUDGET OFFICE OF THE LEGISLATIVE 1,362
SERVICE COMMISSION, OR ANY OTHER LEGISLATIVE AGENCY INCLUDED IN
35
THE LEGISLATIVE SERVICE COMMISSION BUDGET GROUP. 1,363
(3) "GENERAL ASSEMBLY STAFF" MEANS AN OFFICER OR EMPLOYEE 1,365
OF EITHER HOUSE OF THE GENERAL ASSEMBLY WHO ACTS ON BEHALF OF A 1,366
MEMBER OF THE GENERAL ASSEMBLY OR ON BEHALF OF A COMMITTEE OR 1,367
EITHER HOUSE OF THE GENERAL ASSEMBLY.
(B) LEGISLATIVE STAFF SHALL MAINTAIN A CONFIDENTIAL 1,370
RELATIONSHIP WITH EACH MEMBER OF THE GENERAL ASSEMBLY, AND WITH 1,371
EACH MEMBER OF THE GENERAL ASSEMBLY STAFF, WITH RESPECT TO 1,373
COMMUNICATIONS BETWEEN THE MEMBER OF THE GENERAL ASSEMBLY OR
GENERAL ASSEMBLY STAFF AND LEGISLATIVE STAFF. EXCEPT AS 1,375
OTHERWISE PROVIDED IN THIS DIVISION AND DIVISION (C) OF THIS 1,376
SECTION, A LEGISLATIVE DOCUMENT ARISING OUT OF THIS CONFIDENTIAL 1,377
RELATIONSHIP IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 1,378
149.43 OF THE REVISED CODE. WHEN IT IS IN THE PUBLIC INTEREST 1,380
AND WITH THE CONSENT OF THE COMMISSION, THE DIRECTOR OF THE 1,381
COMMISSION MAY RELEASE TO THE PUBLIC ANY LEGISLATIVE DOCUMENT IN 1,382
THE POSSESSION OF THE COMMISSION STAFF ARISING OUT OF A 1,383
CONFIDENTIAL RELATIONSHIP WITH A FORMER MEMBER OF THE GENERAL 1,384
ASSEMBLY OR FORMER MEMBER OF THE GENERAL ASSEMBLY STAFF WHO IS
NOT AVAILABLE TO MAKE THE LEGISLATIVE DOCUMENT A PUBLIC RECORD AS 1,386
PROVIDED IN DIVISION (C) OF THIS SECTION BECAUSE OF DEATH OR 1,387
DISABILITY, WHOM THE DIRECTOR IS UNABLE TO CONTACT FOR THAT
PURPOSE, OR WHO FAILS TO RESPOND TO THE DIRECTOR AFTER THE 1,388
DIRECTOR HAS MADE A REASONABLE NUMBER OF ATTEMPTS TO MAKE SUCH 1,389
CONTACT.
(C)(1) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR 1,392
PURPOSES OF SECTION 149.43 OF THE REVISED CODE IF IT IS AN 1,394
ANALYSIS, SYNOPSIS, FISCAL NOTE, OR LOCAL IMPACT STATEMENT 1,395
PREPARED BY LEGISLATIVE STAFF THAT IS REQUIRED TO BE PREPARED BY 1,396
LAW, OR BY A RULE OF EITHER HOUSE OF THE GENERAL ASSEMBLY, FOR 1,397
THE BENEFIT OF THE MEMBERS OF EITHER OR BOTH OF THOSE HOUSES OR 1,398
ANY LEGISLATIVE COMMITTEE AND IF IT HAS BEEN PRESENTED TO THOSE 1,399
MEMBERS.
(2) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR PURPOSES 1,402
36
OF SECTION 149.43 OF THE REVISED CODE IF A MEMBER OF THE GENERAL 1,404
ASSEMBLY FOR WHOM LEGISLATIVE STAFF PREPARED THE LEGISLATIVE 1,406
DOCUMENT DOES ANY OF THE FOLLOWING:
(a) FILES IT FOR INTRODUCTION WITH THE CLERK OF THE SENATE 1,409
OR THE CLERK OF THE HOUSE OF REPRESENTATIVES, IF IT IS A BILL OR 1,410
RESOLUTION;
(b) PRESENTS IT AT A COMMITTEE HEARING OR FLOOR SESSION, 1,413
IF IT IS AN AMENDMENT TO A BILL OR RESOLUTION OR IS A SUBSTITUTE 1,414
BILL OR RESOLUTION;
(c) RELEASES IT, OR AUTHORIZES GENERAL ASSEMBLY STAFF OR 1,416
LEGISLATIVE STAFF TO RELEASE IT, TO THE PUBLIC. 1,417
Sec. 101.301. (A) AS USED IN THIS SECTION, "CAUCUS" MEANS 1,419
ALL OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES, OR ALL OF THE 1,420
MEMBERS OF THE SENATE, WHO ARE MEMBERS OF THE SAME POLITICAL 1,421
PARTY.
(B) NOTWITHSTANDING ANY CONTRARY PROVISION OF SECTION 1,423
2317.021 OF THE REVISED CODE, THE MEMBERS OF THE GENERAL ASSEMBLY 1,424
WHO ARE MEMBERS OF A CAUCUS, AND THE OFFICERS AND EMPLOYEES OF 1,425
THE GENERAL ASSEMBLY WHO EITHER SERVE THAT CAUCUS OR SERVE THE 1,426
MEMBERS OF THE GENERAL ASSEMBLY WHO ARE MEMBERS OF THAT CAUCUS, 1,427
ARE CLIENTS, FOR PURPOSES OF THE ATTORNEY-CLIENT TESTIMONIAL 1,428
PRIVILEGE SPECIFIED IN DIVISION (A) OF SECTION 2317.02 OF THE 1,429
REVISED CODE AND FOR PURPOSES OF ANY OTHER STATUTORY OR COMMON 1,431
LAW ATTORNEY-CLIENT PRIVILEGE RECOGNIZED IN THIS STATE, OF THE 1,432
EMPLOYEE OF THE HOUSE OF REPRESENTATIVES OR SENATE WHO SERVES AS 1,434
THE LEGAL COUNSEL FOR THAT CAUCUS.
Sec. 102.02. (A) Except as otherwise provided in division 1,443
(H) of this section, every person who is elected to or is a 1,444
candidate for a state, county, or city office, or the office of 1,445
member of the United States congress, and every person who is 1,446
appointed to fill a vacancy for an unexpired term in such an 1,447
elective office; all members of the state board of education; the 1,449
director, assistant directors, deputy directors, division chiefs, 1,450
or persons of equivalent rank of any administrative department of 1,451
37
the state; the president or other chief administrative officer of 1,452
every state institution of higher education as defined in section 1,453
3345.011 of the Revised Code; the chief executive officer of each 1,454
state retirement system; all members of the board of 1,455
commissioners on grievances and discipline of the supreme court 1,456
and the ethics commission created under section 102.05 of the 1,457
Revised Code; every business manager, treasurer, or 1,458
superintendent of a city, local, exempted village, joint 1,459
vocational, or cooperative education school district or an 1,460
educational service center; every person who is elected to or is 1,461
a candidate for the office of member of a board of education of a 1,462
city, local, exempted village, joint vocational, or cooperative 1,463
education school district or of a governing board of an 1,464
educational service center that has a total student count of 1,465
twelve thousand or more as most recently determined by the 1,466
department of education pursuant to section 3317.03 of the 1,468
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 1,469
or (F) of section 3311.71 of the Revised Code; all members of the 1,470
board of directors of a sanitary district established under 1,471
Chapter 6115. of the Revised Code and organized wholly for the 1,472
purpose of providing a water supply for domestic, municipal, and 1,474
public use that includes two municipal corporations in two 1,475
counties; every public official or employee who is paid a salary 1,477
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 1,478
other public official or employee who is designated by the 1,479
appropriate ethics commission pursuant to division (B) of this 1,480
section shall file with the appropriate ethics commission on a 1,481
form prescribed by the commission, a statement disclosing all of 1,482
the following: 1,483
(1) The name of the person filing the statement and each 1,485
member of the person's immediate family and all names under which 1,487
the person or members of the person's immediate family do 1,488
38
business; 1,489
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 1,491
section and except as otherwise provided in section 102.022 of 1,492
the Revised Code, identification of every source of income, other 1,493
than income from a legislative agent identified in division 1,494
(A)(2)(b) of this section, received during the preceding calendar 1,495
year, in the person's own name or by any other person for the 1,497
person's use or benefit, by the person filing the statement, and 1,498
a brief description of the nature of the services for which the 1,499
income was received. If the person filing the statement is a 1,500
member of the general assembly, the statement shall identify the 1,501
amount of every source of income received in accordance with the 1,502
following ranges of amounts: zero or more, but less than one 1,503
thousand dollars; one thousand dollars or more, but less than ten 1,504
thousand dollars; ten thousand dollars or more, but less than 1,505
twenty-five thousand dollars; twenty-five thousand dollars or 1,506
more, but less than fifty thousand dollars; fifty thousand 1,507
dollars or more, but less than one hundred thousand dollars; and 1,508
one hundred thousand dollars or more. Division (A)(2)(a) of this 1,509
section shall not be construed to require a person filing the 1,510
statement who derives income from a business or profession to 1,511
disclose the individual items of income that constitute the gross 1,512
income of that business or profession, except for those 1,513
individual items of income that are attributable to the person's 1,514
or, if the income is shared with the person, the partner's, 1,515
solicitation of services or goods or performance, arrangement, or 1,516
facilitation of services or provision of goods on behalf of the 1,517
business or profession of clients, including corporate clients, 1,518
who are legislative agents as defined in section 101.70 of the 1,519
Revised Code. A person who files the statement under this 1,520
section shall disclose the identity of and the amount of income 1,521
received from a person who the public official or employee knows 1,523
or has reason to know is doing or seeking to do business of any 1,524
kind with the public official's or employee's agency. 1,525
39
(b) If the person filing the statement is a member of the 1,527
general assembly, the statement shall identify every source of 1,528
income and the amount of that income that was received from a 1,529
legislative agent, as defined in section 101.70 of the Revised 1,530
Code, during the preceding calendar year, in the person's own 1,532
name or by any other person for the person's use or benefit, by 1,533
the person filing the statement, and a brief description of the 1,535
nature of the services for which the income was received. 1,536
Division (A)(2)(b) of this section requires the disclosure of 1,537
clients of attorneys or persons licensed under section 4732.12 of 1,538
the Revised Code, or patients of persons certified under section 1,539
4731.14 of the Revised Code, if those clients or patients are 1,540
legislative agents. Division (A)(2)(b) of this section requires 1,541
a person filing the statement who derives income from a business 1,542
or profession to disclose those individual items of income that 1,543
constitute the gross income of that business or profession that 1,544
are received from legislative agents. 1,545
(c) Except as otherwise provided in division (A)(2)(c) of 1,547
this section, division (A)(2)(a) of this section applies to 1,548
attorneys, physicians, and other persons who engage in the 1,549
practice of a profession and who, pursuant to a section of the 1,550
Revised Code, the common law of this state, a code of ethics 1,551
applicable to the profession, or otherwise, generally are 1,552
required not to reveal, disclose, or use confidences of clients, 1,553
patients, or other recipients of professional services except 1,554
under specified circumstances or generally are required to 1,555
maintain those types of confidences as privileged communications 1,556
except under specified circumstances. Division (A)(2)(a) of this 1,557
section does not require an attorney, physician, or other 1,558
professional subject to a confidentiality requirement as 1,559
described in division (A)(2)(c) of this section to disclose the 1,560
name, other identity, or address of a client, patient, or other 1,561
recipient of professional services if the disclosure would 1,562
threaten the client, patient, or other recipient of professional 1,563
40
services, would reveal details of the subject matter for which 1,564
legal, medical, or professional advice or other services were 1,565
sought, or would reveal an otherwise privileged communication 1,566
involving the client, patient, or other recipient of professional 1,567
services. Division (A)(2)(a) of this section does not require an 1,568
attorney, physician, or other professional subject to a 1,569
confidentiality requirement as described in division (A)(2)(c) of 1,570
this section to disclose in the brief description of the nature 1,571
of services required by division (A)(2)(a) of this section any 1,572
information pertaining to specific professional services rendered 1,573
for a client, patient, or other recipient of professional 1,574
services that would reveal details of the subject matter for 1,575
which legal, medical, or professional advice was sought or would 1,576
reveal an otherwise privileged communication involving the 1,577
client, patient, or other recipient of professional services. 1,578
(3) The name of every corporation on file with the 1,580
secretary of state that is incorporated in this state or holds a 1,582
certificate of compliance authorizing it to do business in this 1,583
state, trust, business trust, partnership, or association that 1,584
transacts business in this state in which the person filing the 1,586
statement or any other person for the person's use and benefit 1,587
had during the preceding calendar year an investment of over one 1,588
thousand dollars at fair market value as of the thirty-first day 1,589
of December of the preceding calendar year, or the date of 1,590
disposition, whichever is earlier, or in which the person holds 1,591
any office or has a fiduciary relationship, and a description of 1,592
the nature of the investment, office, or relationship. Division 1,593
(A)(3) of this section does not require disclosure of the name of 1,595
any bank, savings and loan association, credit union, or building 1,596
and loan association with which the person filing the statement 1,597
has a deposit or a withdrawable share account. 1,598
(4) All fee simple and leasehold interests to which the 1,600
person filing the statement holds legal title to or a beneficial 1,601
interest in real property located within the state, excluding the 1,602
41
person's residence and property used primarily for personal 1,603
recreation; 1,604
(5) The names of all persons residing or transacting 1,606
business in the state to whom the person filing the statement 1,607
owes, in the person's own name or in the name of any other 1,608
person, more than one thousand dollars. Division (A)(5) of this 1,611
section shall not be construed to require the disclosure of debts 1,612
owed by the person resulting from the ordinary conduct of a 1,613
business or profession or debts on the person's residence or real 1,614
property used primarily for personal recreation, except that the 1,615
superintendent of financial institutions shall disclose the names 1,617
of all state-chartered savings and loan associations and of all 1,619
service corporations subject to regulation under division (E)(2) 1,620
of section 1151.34 of the Revised Code to whom the superintendent 1,621
in the superintendent's own name or in the name of any other 1,622
person owes any money, and that the superintendent and any deputy 1,624
superintendent of banks shall disclose the names of all 1,625
state-chartered banks and all bank subsidiary corporations 1,626
subject to regulation under section 1109.44 of the Revised Code 1,627
to whom the superintendent or deputy superintendent owes any 1,628
money.
(6) The names of all persons residing or transacting 1,630
business in the state, other than a depository excluded under 1,631
division (A)(3) of this section, who owe more than one thousand 1,633
dollars to the person filing the statement, either in the 1,634
person's own name or to any person for the person's use or 1,636
benefit. Division (A)(6) of this section shall not be construed 1,638
to require the disclosure of clients of attorneys or persons 1,639
licensed under section 4732.12 or 4732.15 of the Revised Code, or 1,640
patients of persons certified under section 4731.14 of the 1,641
Revised Code, nor the disclosure of debts owed to the person 1,642
resulting from the ordinary conduct of a business or profession. 1,643
(7) Except as otherwise provided in section 102.022 of the 1,645
Revised Code, the source of each gift of over seventy-five 1,646
42
dollars, or of each gift of over twenty-five dollars received by 1,647
a member of the general assembly from a legislative agent, 1,648
received by the person in the person's own name or by any other 1,650
person for the person's use or benefit during the preceding 1,651
calendar year, except gifts received by will or by virtue of 1,653
section 2105.06 of the Revised Code, or received from spouses, 1,654
parents, grandparents, children, grandchildren, siblings, 1,655
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 1,656
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 1,657
any person to whom the person filing the statement stands in loco 1,658
parentis, or received by way of distribution from any inter vivos 1,659
or testamentary trust established by a spouse or by an ancestor; 1,660
(8) Except as otherwise provided in section 102.022 of the 1,662
Revised Code, identification of the source and amount of every 1,663
payment of expenses incurred for travel to destinations inside or 1,664
outside this state that is received by the person in the person's 1,666
own name or by any other person for the person's use or benefit 1,667
and that is incurred in connection with the person's official 1,669
duties except for expenses for travel to meetings or conventions 1,670
of a national or state organization to which either house of the 1,671
general assembly, any legislative agency, a state institution of 1,672
higher education as defined in section 3345.031 of the Revised 1,673
Code, any other state agency, or any political subdivision or any 1,674
office or agency of a political subdivision pays membership dues; 1,675
(9) Except as otherwise provided in section 102.022 of the 1,677
Revised Code, identification of the source of payment of expenses 1,678
for meals and other food and beverages, other than for meals and 1,679
other food and beverages provided at a meeting at which the 1,680
person participated in a panel, seminar, or speaking engagement 1,681
or at a meeting or convention of a national or state organization 1,682
to which either house of the general assembly, any legislative 1,683
agency, a state institution of higher education as defined in 1,684
section 3345.031 of the Revised Code, any other state agency, or 1,685
any political subdivision or any office or agency of a political 1,686
43
subdivision pays membership dues, that are incurred in connection 1,687
with the person's official duties and that exceed one hundred 1,688
dollars aggregated per calendar year; 1,689
(10) If the financial disclosure statement is filed by a 1,691
public official or employee described in division (B)(2) of 1,692
section 101.73 of the Revised Code or division (B)(2) of section 1,693
121.63 of the Revised Code who receives a statement from a 1,694
legislative agent, executive agency lobbyist, or employer that 1,695
contains the information described in division (F)(2) of section 1,696
101.73 of the Revised Code or division (G)(2) of section 121.63 1,697
of the Revised Code, all of the nondisputed information contained 1,698
in the statement delivered to that public official or employee by 1,699
the legislative agent, executive agency lobbyist, or employer 1,700
under division (F)(2) of section 101.73 or (G)(2) of section 1,701
121.63 of the Revised Code. As used in division (A)(10) of this 1,702
section, "legislative agent," "executive agency lobbyist," and 1,705
"employer" have the same meanings as in sections 101.70 and
121.60 of the Revised Code. 1,706
A person may file a statement required by this section in 1,708
person or by mail. A person who is a candidate for elective 1,709
office shall file the statement no later than the thirtieth day 1,711
before the primary, special, or general election at which the 1,713
candidacy is to be voted on, whichever election occurs soonest, 1,715
except that a person who is a write-in candidate shall file the 1,716
statement no later than the twentieth day before the earliest 1,717
election at which the person's candidacy is to be voted on. A 1,719
person who holds elective office shall file the statement on or 1,720
before the fifteenth day of April of each year unless the person 1,722
is a candidate for office. A person who is appointed to fill a 1,724
vacancy for an unexpired term in an elective office shall file 1,725
the statement within fifteen days after the person qualifies for 1,727
office. Other persons shall file an annual statement on or 1,729
before the fifteenth day of April or, if appointed or employed 1,730
after that date, within ninety days after appointment or 1,731
44
employment. No person shall be required to file with the 1,732
appropriate ethics commission more than one statement or pay more 1,733
than one filing fee for any one calendar year. 1,734
The appropriate ethics commission, for good cause, may 1,736
extend for a reasonable time the deadline for filing a disclosure 1,737
statement under this section. 1,738
A statement filed under this section is subject to public 1,740
inspection at locations designated by the appropriate ethics 1,741
commission except as otherwise provided in this section. 1,742
(B) The Ohio ethics commission, the joint legislative 1,744
ethics committee, and the board of commissioners on grievances 1,745
and discipline of the supreme court, using the rule-making 1,746
procedures of Chapter 119. of the Revised Code, may require any 1,747
class of public officials or employees under its jurisdiction and 1,748
not specifically excluded by this section whose positions involve 1,749
a substantial and material exercise of administrative discretion 1,750
in the formulation of public policy, expenditure of public funds, 1,751
enforcement of laws and rules of the state or a county or city, 1,752
or the execution of other public trusts, to file an annual 1,753
statement on or before the fifteenth day of April under division 1,754
(A) of this section. The appropriate ethics commission shall 1,755
send the public officials or employees written notice of the 1,756
requirement by the fifteenth day of February of each year the 1,757
filing is required unless the public official or employee is 1,758
appointed after that date, in which case the notice shall be sent 1,759
within thirty days after appointment, and the filing shall be 1,760
made not later than ninety days after appointment. 1,761
Disclosure statements filed under this division with the 1,763
Ohio ethics commission by members of boards, commissions, or 1,764
bureaus of the state for which no compensation is received other 1,765
than reasonable and necessary expenses shall be kept 1,766
confidential. Disclosure statements filed with the Ohio ethics 1,768
commission under division (A) of this section by business 1,769
managers, treasurers, and superintendents of city, local, 1,770
45
exempted village, joint vocational, or cooperative education 1,771
school districts or educational service centers shall be kept 1,772
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 1,773
of the Revised Code may examine the disclosure statement of any 1,774
business manager, treasurer, or superintendent of that school 1,775
district or educational service center. The Ohio ethics 1,776
commission shall examine each disclosure statement required to be 1,777
kept confidential to determine whether a potential conflict of 1,778
interest exists for the person who filed the disclosure 1,779
statement. A potential conflict of interest exists if the 1,780
private interests of the person, as indicated by the person's 1,781
disclosure statement, might interfere with the public interests 1,783
the person is required to serve in the exercise of the person's 1,784
authority and duties in the person's office or position of 1,785
employment. If the commission determines that a potential 1,786
conflict of interest exists, it shall notify the person who filed 1,787
the disclosure statement and shall make the portions of the 1,788
disclosure statement that indicate a potential conflict of 1,789
interest subject to public inspection in the same manner as is 1,790
provided for other disclosure statements. Any portion of the 1,791
disclosure statement that the commission determines does not 1,792
indicate a potential conflict of interest shall be kept 1,793
confidential by the commission and shall not be made subject to 1,794
public inspection, except as is necessary for the enforcement of 1,795
Chapters 102. and 2921. of the Revised Code and except as 1,796
otherwise provided in this division. 1,797
(C) No person shall knowingly fail to file, on or before 1,799
the applicable filing deadline established under this section, a 1,800
statement that is required by this section. 1,801
(D) No person shall knowingly file a false statement that 1,803
is required to be filed under this section. 1,804
(E)(1) Except as provided in divisions (E)(2) and (3) of 1,806
this section, on and after March 2, 1994, the statement required 1,807
46
by division (A) or (B) of this section shall be accompanied by a 1,809
filing fee of twenty-five dollars. 1,810
(2) The statement required by division (A) of this section 1,812
shall be accompanied by a filing fee to be paid by the person who 1,813
is elected or appointed to or is a candidate for any of the 1,814
following offices: 1,815
For state office, except member of 1,817
state board of education $50 1,818
For office of member of United States 1,819
congress or member of general assembly $25 1,820
For county office $25 1,821
For city office $10 1,822
For office of member of state board 1,823
of education $10 1,824
For office of member of city, local, 1,825
exempted village, or cooperative 1,826
education board of 1,827
education or educational service 1,828
center governing board $ 5 1,829
For position of business manager, 1,830
treasurer, or superintendent of 1,831
city, local, exempted village, joint 1,832
vocational, or cooperative education 1,833
school district or 1,834
educational service center $ 5 1,835
(3) No judge of a court of record or candidate for judge 1,837
of such a court, and no referee or magistrate serving a court of 1,838
record, shall be required to pay the fee required under division 1,839
(E)(1) or (2) or (F) of this section. 1,840
(4) For any public official who is appointed to a 1,842
nonelective office of the state and for any employee who holds a 1,843
nonelective position in a public agency of the state, the state 1,844
agency that is the primary employer of the state official or 1,845
employee shall pay the fee required under division (E)(1) or (F) 1,846
47
of this section. 1,847
(F) If a statement required to be filed under this section 1,849
is not filed by the date on which it is required to be filed, the 1,850
appropriate ethics commission shall assess the person required to 1,851
file the statement a late filing fee equal to one-half of the 1,852
applicable filing fee for each day the statement is not filed, 1,853
except that the total amount of the late filing fee shall not 1,854
exceed one hundred dollars. 1,855
(G)(1) The appropriate ethics commission other than the 1,857
Ohio ethics commission shall deposit all fees it receives under 1,858
divisions (E) and (F) of this section into the general revenue 1,859
fund of the state. 1,860
(2) The Ohio ethics commission shall deposit all RECEIPTS, 1,862
INCLUDING, BUT NOT LIMITED TO, fees it receives under divisions 1,864
(E) and (F) of this section and all moneys it receives from 1,865
settlements under division (G) of section 102.06 of the Revised 1,866
Code, into the Ohio ethics commission fund, which is hereby 1,867
created in the state treasury. All moneys credited to the fund 1,868
shall be used solely for expenses related to the operation AND 1,869
STATUTORY FUNCTIONS of the commission.
(H) Division (A) of this section does not apply to a 1,871
person elected or appointed to the office of precinct, ward, or 1,872
district committee member under Chapter 3517. of the Revised 1,873
Code; a presidential elector; a delegate to a national 1,874
convention; village or township officials and employees; any 1,875
physician or psychiatrist who is paid a salary or wage in 1,876
accordance with schedule C of section 124.15 or schedule E-2 of 1,877
section 124.152 of the Revised Code and whose primary duties do 1,878
not require the exercise of administrative discretion; or any 1,879
member of a board, commission, or bureau of any county or city 1,880
who receives less than one thousand dollars per year for serving 1,881
in that position. 1,882
Sec. 103.143. In addition to its duties under section 1,891
103.14 of the Revised Code, the legislative budget office of the 1,892
48
legislative service commission shall, in accordance with this 1,893
section, review all bills assigned to a committee of the general 1,894
assembly, complete the appropriate local impact statements 1,895
required by this section, and compile and distribute these 1,896
statements as required by division (D) of this section. 1,897
(A) Subject to division (F) of this section, whenever any 1,900
bill is introduced into either house of the general assembly and 1,901
receives second consideration pursuant to the rules of that 1,902
house, the bill shall be reviewed immediately by the legislative 1,903
budget officer. Upon completing this review, the legislative 1,904
budget officer shall determine whether the bill could result in a 1,905
net additional cost to school districts, counties, townships, or 1,906
municipal corporations from any new or expanded program or 1,907
service that school districts, counties, townships, or municipal 1,908
corporations would be required to perform or administer under the 1,909
bill. If the legislative budget officer determines that it could 1,911
result in such a cost, the legislative budget office shall 1,912
prepare a local impact statement in the manner specified in this 1,913
section. Immediately upon determining the potential for a net 1,914
additional cost, the legislative budget officer shall notify the 1,915
sponsor of the bill, the chairperson of the committee to which 1,916
the bill has been assigned, and the presiding officer and 1,917
minority leader of the house in which the bill originates of the 1,918
legislative budget officer's determination by signing and dating 1,920
a statement to be delivered to them. 1,921
If a local impact statement is required, the legislative 1,923
budget office shall, as soon as possible but no later than thirty 1,924
days after the date the bill is scheduled for a first hearing in 1,925
a committee in the house in which the bill was introduced or no 1,926
later than thirty days after being requested to do so by the 1,927
chairperson of such a committee, prepare a statement containing 1,929
the most accurate estimate possible, in dollars, of the net
additional costs, if any, that will be required of school 1,930
districts, counties, townships, or municipal corporations to 1,931
49
perform or administer a new or expanded program or service 1,932
required under the bill. Copies of this statement shall be sent 1,933
to the governor, the speaker of the house of representatives, the 1,934
president of the senate, the sponsor of the bill, the minority 1,935
leader in both houses, and the chairperson of the committee to 1,937
which the bill has been assigned. 1,938
No bill for which a local impact statement is required by 1,940
this section shall be voted out of committee until after the 1,941
committee members have received and considered the statement or, 1,942
if the bill was amended in committee, the revised statement, 1,943
unless the bill is voted out of committee by a two-thirds vote of 1,944
the membership of the committee. 1,945
(B) In preparing a local impact statement, the legislative 1,947
budget office may request any department, division, institution, 1,948
board, commission, authority, bureau, or other instrumentality or 1,949
officer of the state, a school district, a county, a municipal 1,950
corporation, or a township to provide any of the following 1,951
information: 1,952
(1) An estimate, in dollars, of the amount by which the 1,954
bill would increase or decrease the revenues received or 1,955
expenditures made by the instrumentality, officer, or entity; 1,956
(2) Any other information the legislative budget office 1,958
considers necessary for it to understand or explain the fiscal 1,959
effect of the bill. 1,960
An instrumentality, officer, or entity shall comply with a 1,962
request as soon as reasonably possible, but not later than 1,963
fifteen days, after receiving it. The legislative budget office 1,964
shall specify the manner of compliance in its request, and if 1,965
necessary may specify a period of time longer than fifteen days 1,966
for compliance. The legislative budget office may consider any 1,967
information provided under division (B)(1) or (2) of this section 1,968
in preparing a local impact statement. 1,969
(C) Any time a bill is amended, the legislative budget 1,971
office shall, as soon as reasonably possible, revise the local 1,972
50
impact statement to reflect changes made by amendment. 1,973
(D) The legislative budget office shall annually compile 1,975
the final local impact statements completed for all laws passed 1,976
by both houses of the general assembly in the preceding year. It 1,977
shall send a copy of this compilation as a draft report to the 1,978
state and local government commission and to associations or 1,979
nonprofit organizations formed for the improvement of school 1,980
districts or municipal, township, or county government or for 1,981
their elected officials by the last day of July of each year. 1,982
Upon receiving the draft report, the state and local government 1,983
commission shall solicit comments from these associations and 1,984
organizations about the actual fiscal impact of bills passed 1,985
during the year covered by the report. The commission shall 1,986
review and comment on the draft report before returning it to the 1,987
legislative budget office, along with the comments of the 1,988
associations and organizations, by the last day of August. The 1,989
legislative budget office shall then prepare a final report 1,990
consisting of the compiled local impact statements and all 1,991
comments returned by the state and local government commission. 1,992
The final report shall be completed by the last day of September 1,993
and copies of the report shall be sent to the governor, the 1,994
speaker of the house of representatives, and the president of the 1,995
senate. 1,996
(E) As used in this section, "net additional cost" means 1,998
any cost incurred or anticipated to be incurred by a school 1,999
district, county, township, or municipal corporation in 2,000
performing or administering a new or expanded program or service 2,001
required by a state law other than any of the following: 2,002
(1) A cost arising from the exercise of authority granted 2,004
by a state law rather than from the performance of a duty or 2,005
obligation imposed by a state law; 2,006
(2) New duties or obligations that create only a minimal 2,008
cost for affected school districts, counties, townships, or 2,009
municipal corporations. The legislative budget office shall 2,010
51
determine what constitutes such a minimal cost. Before making 2,011
this determination, the legislative budget office shall notify 2,012
the state organizations that represent school districts, 2,013
counties, townships, and municipal corporations regarding the 2,014
proposed determination and provide a thirty-day period for these 2,015
organizations and individual school districts, counties, 2,016
townships, and municipal corporations to comment on it. 2,017
(3) A cost arising from a law passed as a result of a 2,019
federal mandate. 2,020
The amounts described in division (E)(2) of this section 2,022
include only the amounts remaining after subtracting from such 2,023
costs any revenues received or receivable by the school district, 2,024
county, township, or municipal corporation on account of the 2,025
program or service, including the following: 2,026
(a) Fees charged to the recipients of the program or 2,028
service; 2,029
(b) State or federal aid paid specifically or 2,031
categorically in connection with the program or service; 2,032
(c) Any offsetting savings resulting from the diminution 2,035
or elimination of any other program or service directly 2,036
attributable to the performance or administration of the required 2,037
program or service. 2,038
(F) This section does not apply to any of the following: 2,041
(1) The main biennial operating appropriations bill; 2,044
(2) The biennial operating appropriations bill for state 2,046
agencies supported by motor fuel tax revenue; 2,047
(3) The biennial operating appropriations bill or bills 2,049
for the bureau of workers' compensation and the industrial 2,050
commission; 2,051
(4) ANY OTHER BILL THAT MAKES THE PRINCIPAL BIENNIAL 2,053
OPERATING APPROPRIATIONS FOR ONE OR MORE STATE AGENCIES; 2,054
(5) The bill that primarily contains corrections and 2,056
supplemental appropriations to the biennial operating 2,057
appropriations bills; 2,058
52
(5)(6) The main biennial capital appropriations bill; 2,060
(6)(7) The bill that primarily contains reappropriations 2,062
from previous capital appropriations bills. 2,063
Sec. 103.71. There is hereby created a correctional 2,072
institution inspection committee consisting AS A SUBCOMMITTEE OF 2,073
THE LEGISLATIVE SERVICE COMMISSION. THE COMMITTEE SHALL CONSIST 2,074
of eight persons, four of whom shall be members of the senate 2,076
appointed by the president of the senate, not more than two of 2,077
whom shall be members of the same political party, and four of 2,078
whom shall be members of the house of representatives appointed 2,079
by the speaker of the house of representatives, not more than two 2,080
of whom shall be members of the same political party. Initial 2,081
appointments to the committee shall be made within fifteen days 2,082
after the effective date of this section and in the manner 2,083
prescribed in this section. Thereafter, appointments to the 2,084
committee shall be made within fifteen days after the 2,085
commencement of the first regular session of the general assembly 2,086
and in the manner prescribed in this section. A vacancy on the 2,087
committee shall be filled for the unexpired term in the same 2,088
manner as the original appointment. Members of the committee 2,089
shall serve on the committee until the appointments are made in 2,090
the first regular session of the following general assembly, 2,091
unless they cease to be members of the general assembly. THE 2,092
COMMITTEE, SUBJECT TO THE OVERSIGHT AND DIRECTION OF THE 2,093
LEGISLATIVE SERVICE COMMISSION, SHALL DIRECT THE WORK OF THE 2,094
DIRECTOR AND STAFF OF THE COMMITTEE.
Sec. 103.73. (A) The correctional institution inspection 2,103
committee shall do all of the following: 2,104
(1) Subject to division (C) of this section, establish and 2,106
maintain a continuing program of inspection of each state 2,107
correctional institution used for the custody, control, training, 2,108
and rehabilitation of persons convicted of crime and of each 2,109
private correctional facility. Subject to division (C) of this 2,110
section, the committee AND ANY INDIVIDUALS PERFORMING 2,111
53
CORRECTIONAL INSTITUTION INSPECTION SERVICES ON BEHALF OF THE 2,113
COMMITTEE PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 2,114
103.74 OF THE REVISED CODE may inspect any local correctional 2,115
institution used for the same purposes. Subject to division (C) 2,116
of this section, the committee, and each member of the committee, 2,117
AND EACH INDIVIDUAL PERFORMING CORRECTIONAL INSTITUTION
INSPECTION SERVICES ON BEHALF OF THE COMMITTEE PURSUANT TO A 2,118
CONTRACT ENTERED INTO UNDER SECTION 103.74 OF THE REVISED CODE, 2,119
for the purpose of making an inspection pursuant to this section, 2,121
shall have access to any state or local correctional institution, 2,122
to any private correctional facility, or to any part of the 2,124
institution or facility and shall not be required to give advance 2,125
notice of, or to make prior arrangements before conducting, an 2,126
inspection.
(2) Evaluate and assist in the development of programs to 2,128
improve the condition or operation of correctional institutions; 2,129
(3) Prepare a report for submission to the succeeding 2,131
general assembly of the findings the committee makes in its 2,132
inspections and of any programs that have been proposed or 2,134
developed to improve the condition or operation of the 2,135
correctional institutions in the state. The report shall contain 2,136
a separate evaluation of the inmate grievance procedure at each 2,137
state correctional institution. The committee shall submit the 2,138
report to the succeeding general assembly within fifteen days 2,139
after commencement of that general assembly's first regular 2,140
session.
(B) Subject to division (C) of this section, the committee 2,142
shall make an inspection of each state correctional institution 2,143
each biennium and of each private correctional facility each 2,144
biennium. The inspection shall include attendance at one general 2,145
meal period and one rehabilitative or educational program. 2,146
(C) An inspection of a state correctional institution, a 2,148
private correctional facility, or a local correctional 2,149
institution under division (A) or (B) of this section or under 2,151
54
section 103.74 of the Revised Code is subject to and shall be 2,152
conducted in accordance with all of the following:
(1) The inspection shall not be conducted unless the 2,154
chairperson of the committee grants prior approval for the 2,156
inspection. The grant of prior approval shall specify whether
the inspection is to be conducted by a subcommittee appointed 2,158
under section 103.74 of the Revised Code or is to be conducted 2,160
other than by a subcommittee appointed under that section. 2,161
(2) The inspection shall not be conducted unless one of 2,164
the following applies:
(a) If the inspection is to be conducted by a subcommittee 2,167
appointed under section 103.74 of the Revised Code, at least two 2,168
members appointed to the committee are present for the 2,169
inspection;.
(b) THE INSPECTION IS TO BE CONDUCTED BY AN INDIVIDUAL 2,171
PURSUANT TO A CONTRACT TO PERFORM CORRECTIONAL INSTITUTION 2,172
INSPECTION SERVICES ENTERED INTO UNDER SECTION 103.74 OF THE 2,174
REVISED CODE.
(c) If division (C)(2)(a) OR (b) of this section does not 2,177
apply, at least one member appointed to the committee and at
least one staff member of the committee are present for the 2,178
inspection.
(3) Unless the chairperson of the committee determines 2,181
that the inspection must be conducted outside of normal business 2,182
hours for any reason, including emergency circumstances or a 2,183
justifiable cause that perpetuates the mission of the committee, 2,184
and the chairperson specifies in the grant of prior approval for
the inspection that the chairperson has so determined, the 2,186
inspection shall be conducted only during normal business hours.
If the chairperson determines that the inspection must be 2,187
conducted outside of normal business hours and the chairperson 2,188
specifies in the grant of prior approval for the inspection that 2,189
the chairperson has so determined, the inspection may be 2,190
conducted outside of normal business hours. 2,191
55
(4) If the inspection is to be conducted by a subcommittee 2,193
appointed under section 103.74 of the Revised Code, no staff 2,194
member of the committee may be present on the inspection unless 2,196
the chairperson of the committee, in the grant of prior approval 2,197
for the inspection, specifically authorizes staff members to be 2,198
present on the inspection. If the inspection is to be conducted 2,199
other than by a subcommittee appointed under that section, staff 2,202
members may be present on the inspection regardless of whether
the grant of prior approval contains a specific authorization for 2,203
staff members to be present on the inspection. 2,204
(D) As used in this section: 2,206
(1) "Local public entity," "out-of-state prisoner," and 2,208
"private contractor" have the same meanings as in section 9.07 of 2,209
the Revised Code.
(2) "Private correctional facility" means a correctional 2,212
facility in this state that houses out-of-state prisoners and 2,213
that is operated by a private contractor under a contract with a
local public entity pursuant to section 9.07 of the Revised Code. 2,214
Sec. 103.74. Subject to division (C) of section 103.73 of 2,223
the Revised Code, the chairperson of the correctional institution 2,224
inspection committee may appoint subcommittees, each to consist 2,225
of at least two members, for the purpose of conducting 2,226
inspections pursuant to section 103.73 of the Revised Code. 2,227
The committee may employ a director and any other nonlegal 2,229
staff, who shall be in the unclassified service of the state, 2,230
that are necessary for the committee to carry out its duties and 2,231
may contract for the services of whatever nonlegal technical 2,232
advisors are necessary for the committee to carry out its duties. 2,233
THE COMMITTEE ALSO MAY CONTRACT FOR CORRECTIONAL INSTITUTION 2,234
INSPECTION SERVICES WITH A PERSON APPROVED BY THE AMERICAN 2,235
CORRECTIONAL ASSOCIATION TO PROVIDE SERVICES OF THAT NATURE. THE 2,236
CONTRACT SHALL REQUIRE THAT THE PERSON SUBMIT A REPORT REGARDING 2,237
THE INSPECTION TO THE COMMITTEE. THE COMMITTEE SHALL REVIEW AND 2,238
ACCEPT OR REJECT THE REPORT. The attorney general shall act as 2,239
56
legal counsel to the committee.
The chairperson and vice-chairperson of the legislative 2,241
service commission shall fix the compensation of the director. 2,242
The director, with the approval of the director of the 2,243
legislative service commission, shall fix the compensation of 2,244
other staff of the committee in accordance with a salary schedule 2,245
established by the director of the legislative service 2,246
commission. Contracts for the services of necessary technical 2,247
advisors AND CORRECTIONAL INSTITUTION INSPECTION SERVICES shall 2,248
be approved by the director of the legislative service 2,249
commission.
The general assembly shall biennially appropriate to the 2,251
correctional institution inspection committee an amount 2,252
sufficient to enable the committee to perform its duties. 2,253
Salaries and expenses incurred by the committee shall be paid 2,254
from that appropriation upon vouchers approved by the chairperson 2,256
of the committee.
Sec. 109.081. Nine UP TO ELEVEN per cent of all amounts 2,265
collected by the attorney general, whether by employees or agents 2,267
of the attorney general or by special counsel pursuant to section 2,268
109.08 of the Revised Code, on claims due the state shall be paid 2,269
into the state treasury to the credit of the attorney general
claims fund, which is hereby created. THE ATTORNEY GENERAL, 2,270
AFTER CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, 2,271
SHALL DETERMINE THE EXACT PERCENTAGE OF THOSE COLLECTED AMOUNTS 2,272
THAT SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 2,273
FUND. The fund shall be used for the payment of expenses 2,275
incurred by the office of the attorney general.
Sec. 111.18. (A) The secretary of state shall keep a 2,284
record of all fees collected by the secretary of state and, 2,285
except as otherwise provided in this section and in sections 2,286
1309.401 and 1329.68 and division (C)(2) of section 3506.05 of 2,287
the Revised Code, shall pay, THROUGH JUNE 30, 2001, FIFTY PER 2,289
CENT OF them into the state treasury to the credit of the general 2,291
57
revenue fund AND FIFTY PER CENT OF THEM INTO THE STATE TREASURY 2,292
TO THE CREDIT OF THE CORPORATE AND UNIFORM COMMERCIAL CODE FILING 2,293
FUND CREATED UNDER SECTION 1309.401 OF THE REVISED CODE AND SHALL 2,294
PAY, ON AND AFTER JULY 1, 2001, ALL OF THEM INTO THE STATE 2,295
TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND. The
following THROUGH JUNE 30, 2001, ALL OF THE fees COLLECTED UNDER 2,298
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 2,301
corporate and uniform commercial code filing fund created in 2,303
section 1309.401 of the Revised Code. ON AND AFTER JULY 1, 2001, 2,304
THE FOLLOWING FEES SHALL BE PAID INTO THE STATE TREASURY TO THE 2,305
CREDIT OF THAT CORPORATE AND UNIFORM COMMERCIAL CODE FILING FUND: 2,306
(1) Twenty-five dollars of each fee collected under 2,308
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of 2,310
the Revised Code;
(2) Twenty-five dollars of each fee collected under 2,312
division (C) of section 1703.031 of the Revised Code; 2,314
(3) All fees collected under divisions (I)(2) and (N) of 2,317
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the 2,319
Revised Code; 2,320
(5) Each fifty-dollar fee for amendments filed by foreign 2,322
nonprofit corporations under section 1703.27 of the Revised Code. 2,324
(B) The secretary of state may implement a credit card 2,326
payment program permitting payment of any fee charged by the 2,327
secretary of state by means of a credit card. The secretary of 2,328
state may open an account outside the state treasury in a 2,329
financial institution for the purpose of depositing credit card 2,330
receipts. Within forty-eight hours following the deposit of the 2,332
receipts, the financial institution shall make available to the 2,333
secretary of state funds in the amount of the receipts. The 2,334
secretary of state shall then pay these funds into the state
treasury to the credit of the general revenue fund, except as 2,335
otherwise provided by the Revised Code. 2,336
58
The secretary of state may pay the cost of any service 2,338
charge required by a financial institution or credit card company 2,339
in connection with a credit card payment program. 2,340
The secretary of state shall adopt rules as necessary to 2,342
carry out the purposes of this division. The rules shall include 2,343
standards for determining eligible financial institutions and the 2,344
manner in which funds shall be made available and shall be 2,345
consistent with the standards contained in sections 135.03, 2,346
135.18, and 135.181 of the Revised Code. 2,347
Sec. 117.14. A biennial AN ANNUAL audit of the office of 2,356
the auditor of state shall be made by an independent certified 2,358
public accountant appointed by a committee consisting of the 2,359
governor and the chairmen CHAIRPERSONS of the finance committees 2,360
of the senate and the house of representatives. The committee 2,362
shall make the appointment by the second Monday of October in 2,363
each odd-numbered THIRTY-FIRST DAY OF MARCH IMMEDIATELY PRECEDING 2,364
THE LAST DAY OF THE FISCAL year TO BE AUDITED and shall prescribe 2,366
the contract terms of the audit, which shall cover the period 2,368
beginning the second Monday of January of the current year and 2,369
ending the day preceding the second Monday of January of the next 2,370
odd-numbered year.
Not later than six months after the end of the biennial 2,372
period examined ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER, the 2,374
accountant shall submit a report of his THE audit COMPLETED UNDER 2,375
THIS SECTION FOR THE IMMEDIATELY PRECEDING FISCAL YEAR to each 2,376
member of the committee. One copy OF THE AUDIT REPORT shall be 2,377
filed with the state library for public inspection. An THE audit 2,378
report completed pursuant to this section is not a public record 2,379
under section 149.43 of the Revised Code until it is filed with 2,380
the state library. 2,381
The records of the auditor of state shall be made available 2,383
to the accountant. The accountant shall be paid from the general 2,384
revenue fund from an appropriation made for that purpose to the 2,385
office of budget and management. 2,386
59
If an auditor of state is for any reason unable to complete 2,388
his statutory term of office, there shall be an audit of the 2,390
office in addition to and in the same manner as the biennial 2,391
audit provided for in this section. 2,392
Sec. 117.44. To enhance local officials' background and 2,401
working knowledge of government accounting, budgeting and 2,402
financing, financial report preparation, and the rules adopted by 2,403
the auditor of state, the auditor of state shall hold training 2,404
programs for persons elected for the first time as township 2,405
clerks, city auditors, and village clerks, between the first day 2,406
of December and the fifteenth day of February immediately 2,407
following a general election for any of these offices. Similar 2,408
training may also be provided to any township clerk, city 2,409
auditor, or village clerk who is appointed to fill a vacancy or 2,410
who is elected in a special election. 2,411
The auditor of state also shall develop and provide an 2,413
annual training program of continuing education for village 2,414
clerks.
The auditor of state shall determine the manner, content, 2,416
and length of the training programs after consultation with 2,417
appropriate statewide organizations of local governmental 2,418
officials. The auditor of state shall charge the political 2,419
subdivisions that the trainees represent a registration fee that 2,420
will meet actual and necessary expenses of the training, 2,421
including instructor fees, site acquisition costs, and the cost 2,422
of course materials. The necessary personal expenses incurred by 2,423
the officials as a result of attending the training program shall 2,424
be borne by the political subdivisions they represent. 2,425
The auditor of state shall allow any other interested 2,427
person to attend any of the training programs that the auditor of 2,428
state holds pursuant to this section; provided, that before 2,430
attending any such training program, the interested person shall 2,431
pay to the auditor of state the full registration fee that the 2,432
auditor of state has set for the training program. 2,433
60
There is hereby established in the state treasury the 2,435
auditor of state training program fund, to be used by the auditor 2,436
of state for the actual and necessary expenses of any training 2,437
programs held pursuant to this section, SECTION 117.441, or 2,439
section 321.46 of the Revised Code. All registration fees 2,441
collected under this section shall be paid into the fund. 2,442
Sec. 117.441. THE AUDITOR OF STATE SHALL CONDUCT A 2,444
FIDUCIARY TRAINING PROGRAM FOR MEMBERS AND EMPLOYEES OF STATE 2,445
BOARDS AND COMMISSIONS. THE PROGRAM SHALL BE OFFERED AT LEAST 2,446
ANNUALLY. THE AUDITOR OF STATE SHALL DETERMINE THE MANNER AND 2,447
CONTENT OF THE PROGRAM AND MAY CHARGE A REGISTRATION FEE TO 2,448
DEFRAY THE ACTUAL AND NECESSARY EXPENSES OF THE PROGRAM. 2,449
MEMBERS AND EMPLOYEES OF STATE BOARDS AND COMMISSIONS MAY 2,451
ATTEND THE FIDUCIARY TRAINING PROGRAM OFFERED UNDER THIS SECTION. 2,452
IF A REGISTRATION FEE IS CHARGED FOR THE PROGRAM, THE AUDITOR OF 2,454
STATE SHALL DEPOSIT IT INTO THE AUDITOR OF STATE TRAINING PROGRAM 2,455
FUND ESTABLISHED UNDER SECTION 117.44 OF THE REVISED CODE. 2,456
Sec. 117.45. (A) The auditor of state shall draw warrants 2,465
against the treasurer of state pursuant to all requests for 2,466
payment that the director of budget and management has approved 2,467
under section 126.07 of the Revised Code. 2,468
(B) Unless the director of human services has provided for 2,470
the making of payments by electronic benefit transfer, if a 2,471
financial institution and account have been designated by the 2,472
participant or recipient, payment by the auditor of state to a 2,473
participant in the Ohio works first program pursuant to Chapter 2,475
5107. of the Revised Code or a recipient of disability assistance 2,477
pursuant to Chapter 5115. of the Revised Code shall be made by 2,478
direct deposit to the account of the participant or recipient in 2,479
the financial institution. Payment by the auditor of state to a 2,481
recipient of public assistance BENEFITS DISTRIBUTED THROUGH THE 2,482
MEDIUM OF ELECTRONIC BENEFIT TRANSFER pursuant to section 5101.33 2,483
of the Revised Code shall be by electronic benefit transfer. 2,484
Payment by the auditor of state as compensation to an employee of 2,486
61
the state who has, pursuant to section 124.151 of the Revised 2,487
Code, designated a financial institution and account for the 2,488
direct deposit of such payments shall be made by direct deposit 2,489
to the account of the employee. Payment to any other payee who 2,490
has designated a financial institution and account for the direct 2,491
deposit of such payment may be made by direct deposit to the 2,492
account of the payee in the financial institution as provided in 2,493
section 9.37 of the Revised Code. The auditor of state shall 2,494
contract with an authorized financial institution for the 2,495
services necessary to make direct deposits or electronic benefit 2,496
transfers under this division and draw lump sum warrants payable 2,497
to that institution in the amount to be transferred. Accounts 2,498
maintained by the auditor of state or the auditor of state's 2,499
agent in a financial institution for the purpose of effectuating 2,500
payment by direct deposit or electronic benefit transfer shall be 2,501
maintained in accordance with section 135.18 of the Revised Code. 2,502
(C) All other payments from the state treasury shall be 2,504
made by paper warrants OR BY DIRECT DEPOSIT payable to the 2,505
respective payees. The auditor of state may mail the paper 2,507
warrants to the respective payees or distribute them through 2,508
other state agencies, whichever the auditor of state determines 2,509
to be the better procedure.
(D) If the average per transaction cost the auditor of 2,511
state incurs in making direct deposits for a state agency exceeds 2,512
the average per transaction cost the auditor of state incurs in 2,514
drawing paper warrants for all public offices during the same 2,515
period of time, the auditor of state may certify the difference 2,516
in cost and the number of direct deposits for the agency to the 2,518
director of administrative services. The director shall 2,519
reimburse the auditor of state for such additional costs and add 2,520
the amount to the processing charge assessed upon the state 2,521
agency.
Sec. 118.01. As used in this chapter: 2,530
(A) "Advance tax payment notes" means the notes authorized 2,532
62
by section 118.24 of the Revised Code. 2,533
(B) "Appropriation measure" means any appropriation 2,535
measure, amendment of an appropriation measure, or supplement to 2,536
an appropriation measure of a municipal corporation, county, or 2,538
township referred to in sections 5705.38 and 5705.40 of the 2,539
Revised Code and any other action of a municipal corporation, 2,540
county, or township authorizing expenditure of money not 2,541
previously included in any appropriation measure. 2,542
(C) "Bond anticipation notes" means notes issued in 2,544
anticipation of the issuance of bonds. 2,545
(D) "Certificate of estimated resources" means the 2,547
official certificate of estimated resources of the county budget 2,548
commission and amendments of the certificate certified to the 2,549
municipal corporation, county, or township as provided for in 2,551
Chapter 5705. of the Revised Code. 2,552
(E) "Commission" means a financial planning and 2,554
supervision commission created by section 118.05 of the Revised 2,555
Code with respect to a municipal corporation, county, or 2,557
township.
(F) "Construction funds" means proceeds from the sale of 2,559
debt obligations restricted by law or pursuant to the proceedings 2,560
for the issuance of such debt obligations to use for permanent 2,561
improvements as defined in division (E) of section 5705.01 of the 2,562
Revised Code, including acquisition, construction, or extension 2,563
of public utilities, and moneys from any other sources restricted 2,564
to such purpose. 2,565
(G) "County auditor" means the county auditor with whom 2,567
tax budgets of the municipal corporation, county, or township are 2,570
to be filed in accordance with section 5705.30 of the Revised 2,571
Code.
(H) "County budget commission" means the county budget 2,573
commission to which the tax budget of the municipal corporation, 2,575
county, or township is to be submitted in accordance with section 2,576
5705.31 of the Revised Code.
63
(I) "Current revenue notes" means debt obligations 2,578
described in section 133.10 or Chapter 5705. of the Revised Code 2,579
or any other debt obligations issued to obtain funds for current 2,580
operating expenses. 2,581
(J) "Debt limits" means the limitations on net 2,583
indebtedness provided in sections 133.05, 133.07, and 133.09 of 2,585
the Revised Code, and also includes the limitation, known as the 2,586
"indirect debt limit," upon the issuance of unvoted bonds, notes, 2,587
or certificates of indebtedness resulting from the ten-mill 2,588
limitation provided for in section 5705.02 of the Revised Code. 2,589
(K) "Debt obligations" means bonds, notes, certificates of 2,591
indebtedness, bond anticipation notes, current revenue notes, 2,592
local government fund notes, or other obligations issued or 2,593
incurred in borrowing money, or to renew, refund, fund, or 2,594
refinance, or issued in exchange for, such obligations, and any 2,595
interest coupons pertaining thereto other than bonds or other 2,596
obligations issued under authority of Section 13 of Article VIII, 2,597
Ohio Constitution. 2,598
(L) "Default" means failure to pay the principal of or the 2,600
interest on a debt obligation, or failure to make other payment 2,601
to be made to the holder or owner of a debt obligation, in the 2,602
full amount and at the time provided for in the contractual 2,603
commitment with respect thereto, unless the time for such payment 2,604
has been extended by the owner or holder of the debt obligation 2,605
without penalty or premium and without the effect of subjecting 2,606
the municipal corporation, county, or township to the initiation 2,608
of remedies pertaining to such debt obligation or other debt 2,609
obligations.
(M) "Deficit fund" means the general fund or any special 2,611
fund that, as at the time indicated, has a deficit balance or a 2,612
balance that is less than the amount required to be in such fund 2,613
pursuant to law or pursuant to contractual requirements, 2,614
demonstrating that over a period of time expenditures charged or 2,615
chargeable to the fund have exceeded moneys credited to the fund, 2,616
64
or that moneys credited to the fund have not been in the amounts 2,617
required by law or contractual requirements. 2,618
(N) "Effective financial accounting and reporting system" 2,620
means an accounting and reporting system fully in compliance with 2,621
the requirements prescribed by and pursuant to Chapter 117. of 2,622
the Revised Code, with such modifications and supplements as are 2,623
to be provided pursuant to this chapter in order to meet and deal 2,624
with the fiscal emergency, provide to the auditor of state, the 2,625
commission, the financial supervisor, and the county budget 2,626
commission the information needed to carry out their functions, 2,627
and better ensure the implementation of the financial plan. 2,628
(O) "Financial plan" means the financial plan approved by 2,630
the commission in accordance with section 118.06 of the Revised 2,631
Code, as it may from time to time be amended in accordance with 2,632
this chapter. 2,633
(P) "Financial supervisor" means the auditor of state or a 2,636
firm of certified public accountants retained by a financial 2,637
planning and supervision commission pursuant to division (G) of 2,638
section 118.05 of the Revised Code with respect to a municipal 2,639
corporation, county, or township. 2,640
(Q) "Fiscal emergency" means the existence of fiscal 2,642
emergency conditions determined as provided in section 118.04 of 2,643
the Revised Code. 2,644
(R) "Fiscal emergency conditions" means any of the events 2,646
or occurrences described in section 118.03 of the Revised Code. 2,647
(S) "Fiscal emergency period" means the period of time 2,649
commencing on the date when the determination of a fiscal 2,650
emergency is made by the auditor of state pursuant to section 2,651
118.04 of the Revised Code and ending when the determination of 2,652
termination is made and certified pursuant to section 118.27 of 2,653
the Revised Code. 2,654
(T) "Fiscal watch" means the existence of fiscal watch 2,656
conditions as determined in accordance with section 118.022 of 2,657
the Revised Code.
65
(U) "Fiscal officer" means the fiscal officer of the 2,659
municipal corporation, county, or township as defined in division 2,661
(D) of section 5705.01 of the Revised Code. 2,662
(V) "Fringe benefits" means expenditures for goods and 2,664
services furnished to municipal, county, or township officers or 2,665
employees by the municipal corporation, county, or township, 2,667
including, but not limited to, such benefits as food, temporary 2,669
housing, and clothing, and the provision of pension, retirement, 2,670
disability, hospitalization, health care, insurance, or other 2,671
benefits to employees requiring the advance payment of money 2,672
other than directly to employees or other beneficiaries, or the 2,673
deposit or reservation of money for such purpose. 2,674
(W) "General fund" means the fund referred to in division 2,676
(A) of section 5705.09 of the Revised Code. 2,677
(X) "General fund budget" means aggregate revenues 2,679
available in the general fund during the applicable fiscal year 2,680
as shown by the certificate of estimated resources. 2,681
(Y) "Mayor" means the officer of the municipal corporation 2,684
designated as such by law or the chief executive officer under 2,685
the charter of the municipal corporation. 2,686
(Z) "Payroll" means compensation due and payable to 2,688
employees of the municipal corporation, county, or township, 2,690
other than fringe benefits.
(AA) "Revenue estimates" means the estimates of revenue 2,692
receipts to the credit of the general fund and special funds as 2,693
estimated and supplemented, modified, or amended by the municipal 2,695
corporation, county, or township, or the county budget 2,696
commission.
(BB) "Special funds" means any of the funds, other than 2,698
the general fund, referred to in sections 5705.09 and 5705.12 of 2,699
the Revised Code, and includes any fund created from the issuance 2,700
of debt obligations pursuant to Section 3 or 12 of Article XVIII, 2,701
Ohio Constitution, and any fund created in connection with the 2,702
issuance of debt obligations to provide moneys for the payment of 2,703
66
principal or interest, reserves therefor, or reserves or funds 2,704
for repair, maintenance, or improvements. 2,705
(CC) "Tax budget" means the tax budget provided for in 2,707
section 5705.28 of the Revised Code. 2,708
Sec. 118.05. (A) Pursuant to the powers of the general 2,717
assembly and for the purposes of this chapter, upon the 2,718
occurrence of a fiscal emergency in any municipal corporation, 2,720
county, or township, as determined pursuant to section 118.04 of 2,721
the Revised Code, there is established, with respect to that 2,722
municipal corporation, county, or township, a body both corporate 2,724
and politic constituting an agency and instrumentality of the 2,725
state and performing essential governmental functions of the 2,726
state to be known as the "financial planning and supervision
commission for ............... (name of municipal corporation, 2,727
county, or township)," which, in that name, may exercise all 2,729
authority vested in such a commission by this chapter. A 2,730
separate commission is established with respect to each municipal 2,731
corporation, county, or township as to which there is a fiscal 2,732
emergency as determined under this chapter. 2,733
(B) A commission shall consist of the following seven 2,735
voting members:
(1) Four ex officio members: the treasurer of state,; the 2,738
director of budget and management,; in the case of a municipal 2,739
corporation, the mayor of the municipal corporation and the 2,741
presiding officer of the legislative authority of the municipal 2,742
corporation,; in the case of a county, the president of the board 2,743
of county commissioners and the county auditor,; and in the case 2,745
of a township, a member of the board of township trustees and the 2,746
county auditor.
The treasurer of state may designate a deputy treasurer or 2,748
director within the office of the treasurer of state OR ANY OTHER 2,749
APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE OF THE TREASURER OF 2,750
STATE'S OFFICE; the director of budget and management may 2,752
designate an individual within the office of budget and 2,753
67
management OR ANY OTHER APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE 2,754
OF THE OFFICE OF BUDGET AND MANAGEMENT; the mayor may designate a 2,755
responsible official within his THE MAYOR'S office or the fiscal 2,757
officer of the municipal corporation; the presiding officer of 2,759
the legislative authority of the municipal corporation may 2,760
designate any other member of the legislative authority; the 2,762
board of county commissioners may designate any other member of 2,763
the board or the fiscal officer of the county; and the board of 2,764
township trustees may designate any other member of the board or 2,765
the fiscal officer of the township to attend the meetings of the 2,766
commission when the ex officio member making the designation is 2,767
absent or unable for any reason to attend. A designee, when 2,768
present, shall be counted in determining whether a quorum is 2,769
present at any meeting of the commission and may vote and 2,770
participate in all proceedings and actions of the commission. 2,771
The designations shall be in writing, executed by the EX OFFICIO 2,772
member OR ENTITY making the designation, and filed with the 2,774
secretary of the commission. The designations may be changed 2,775
from time to time in like manner, but due regard shall be given 2,776
to the need for continuity.
(2) Three members nominated and appointed as follows: 2,778
The mayor and presiding officer of the legislative 2,780
authority of the municipal corporation, the board of county 2,782
commissioners, or the board of township trustees shall, within
ten days after the determination of the fiscal emergency by the 2,784
auditor of state under section 118.04 of the Revised Code, submit 2,785
in writing to the governor the nomination of five persons agreed 2,786
to by them and meeting the qualifications set forth in this 2,788
division. If the governor is not satisfied that at least three 2,789
of the nominees are well qualified, the governor shall notify the 2,790
mayor and presiding officer, or the board of county 2,792
commissioners, or the board of township trustees to submit in 2,793
writing, within five days, additional nominees agreed upon by 2,794
them, not exceeding three. The governor shall appoint three 2,795
68
members from all the agreed-upon nominees so submitted or a 2,796
lesser number that the governor considers well qualified WITHIN 2,798
THIRTY DAYS AFTER RECEIPT OF THE NOMINATIONS, and shall fill any 2,799
remaining positions on the commission by appointment of any other 2,800
persons meeting the qualifications set forth in this division. 2,801
All appointments by the governor shall be made with the advice 2,802
and consent of the senate. Each of the three appointed members 2,803
shall serve during the life of the commission, subject to removal 2,804
by the governor for misfeasance, nonfeasance, or malfeasance in 2,805
office. In the event of the death, resignation, incapacity, 2,806
removal, or ineligibility to serve of an appointed member, the 2,807
governor, pursuant to the process for original appointment, shall 2,808
appoint a successor. 2,809
Each of the three appointed members shall be an individual: 2,811
(a) Who has knowledge and experience in financial matters, 2,813
financial management, or business organization or operations, 2,814
including at least five years of experience in the private sector 2,815
in the management of business or financial enterprise, or in 2,816
management consulting, public accounting, or other professional 2,817
activity; 2,818
(b) Whose residency, office, or principal place of 2,820
professional or business activity is situated within the 2,821
municipal corporation, county, or township; 2,822
(c) Who has not, at any time during the five years 2,824
preceding the date of appointment, held any elected public 2,825
office. AN 2,826
An appointed member of the commission shall not become a 2,828
candidate for elected public office while serving as a member of 2,829
the commission. 2,830
(C) Immediately after appointment of the initial three 2,832
appointed members of the commission, the governor shall call the 2,833
first meeting of the commission and shall cause written notice of 2,834
the time, date, and place of the first meeting to be given to 2,835
each member of the commission at least forty-eight hours in 2,836
69
advance of the meeting. 2,837
(D) The commission DIRECTOR OF BUDGET AND MANAGEMENT shall 2,839
elect one of its members SERVE as chairperson and another OF THE 2,841
COMMISSION. THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO 2,842
SERVE as vice-chairperson, and may appoint a secretary and any 2,844
other officers, who need not be members of the commission, it 2,845
considers necessary.
(E) The commission may adopt and alter bylaws and rules, 2,847
which shall not be subject to section 111.15 or Chapter 119. of 2,848
the Revised Code, for the conduct of its affairs and for the 2,849
manner, subject to this chapter, in which its powers and 2,850
functions shall be exercised and embodied. 2,851
(F) Five members of the commission constitute a quorum of 2,853
the commission. The affirmative vote of five members of the 2,854
commission is necessary for any action taken by vote of the 2,855
commission. No vacancy in the membership of the commission shall 2,856
impair the rights of a quorum by such vote to exercise all the 2,857
rights and perform all the duties of the commission. Members of 2,858
the commission, and their designees, are not disqualified from 2,859
voting by reason of the functions of the other office they hold 2,860
and are not disqualified from exercising the functions of the 2,861
other office with respect to the municipal corporation, county, 2,863
or township, its officers, or the commission. 2,864
(G) The commission shall retain a AUDITOR OF STATE SHALL 2,866
SERVE AS THE "financial supervisor." TO THE COMMISSION UNLESS THE 2,868
AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. As used in 2,870
this chapter, "financial supervisor" means the auditor of state
or a firm of certified public accountants with demonstrated 2,872
professional competence in matters relating to this chapter, 2,873
engaged by the commission pursuant to a contract approved by the 2,874
controlling board. 2,875
(H) At the request of the commission, the auditor of state 2,877
shall designate employees of the auditor of state's office to 2,879
assist the commission and the financial supervisor and to 2,880
70
coordinate the work of the auditor of state's office and the 2,881
financial supervisor. Upon the determination of a fiscal 2,882
emergency in any municipal corporation, county, or township, the 2,883
municipal corporation, county, or township shall provide the 2,885
commission with such reasonable office space in the principal 2,886
building housing city, county, or township government, where 2,888
feasible, as it determines is necessary to carry out its duties 2,889
under this chapter.
(I) The financial supervisor, the members of the 2,891
commission, the auditor of state, and any person authorized to 2,892
act on behalf of or assist them shall not be personally liable or 2,893
subject to any suit, judgment, or claim for damages resulting 2,894
from the exercise of or failure to exercise the powers, duties, 2,895
and functions granted to them in regard to their functioning 2,896
under this chapter, but the commission, the financial supervisor, 2,897
the auditor of state, and such THOSE other persons shall be 2,898
subject to mandamus proceedings to compel performance of their 2,900
duties under this chapter and with respect to any debt 2,901
obligations issued pursuant or subject to this chapter. 2,902
(J) At the request of the commission, the administrative 2,904
head of any state agency shall temporarily assign personnel 2,905
skilled in accounting and budgeting procedures to assist the 2,906
commission or the financial supervisor in its duties as financial 2,907
supervisor. 2,908
(K) The appointed members of the commission are not 2,910
subject to section 102.02 of the Revised Code. Each appointed 2,911
member of the commission shall file with the commission a signed 2,912
written statement setting forth the general nature of sales of 2,913
goods, property, or services or of loans to the municipal 2,915
corporation, county, or township with respect to which that 2,916
commission is established, in which the appointed member has a 2,918
pecuniary interest or in which any member of the appointed 2,919
member's immediate family, as defined in section 102.01 of the 2,920
Revised Code, or any corporation, partnership, or enterprise of 2,921
71
which the appointed member is an officer, director, or partner, 2,923
or of which the appointed member or a member of the appointed 2,925
member's immediate family, as so defined, owns more than a five 2,926
per cent interest, has a pecuniary interest, and of which sale, 2,927
loan, or interest such member has knowledge. The statement shall 2,928
be supplemented from time to time to reflect changes in the 2,929
general nature of any such sales or loans. 2,930
Sec. 118.08. (A) The members of the financial planning 2,939
and supervision commission shall serve without compensation, but 2,941
shall be paid by the commission their necessary and actual 2,942
expenses incurred while engaged in the business of the
commission. 2,943
(B) All expenses incurred for services rendered by the 2,945
financial supervisor for a period of twenty-four months shall be 2,946
paid by the commission pursuant to an appropriation made by the 2,947
general assembly for this purpose. Expenses incurred for 2,948
services rendered by the financial supervisor beyond this period 2,949
shall be borne by the municipal corporation, county, or township 2,950
unless the director of budget and management waives the costs and 2,952
allows payment in accordance with the following:
(1) If the continued performance of the financial 2,954
supervisor is required for a period of twenty-five to thirty 2,955
months, the municipal corporation, county, or township is 2,956
responsible for twenty per cent of the compensation due. 2,957
(2) If the continued performance of the financial 2,959
supervisor is required for a period of thirty-one to thirty-six 2,960
months, the municipal corporation, county, or township is 2,961
responsible for fifty per cent of the compensation due. 2,962
(3) If the continued performance of the financial 2,964
supervisor is required for a period of thirty-seven months or 2,965
more, the municipal corporation, county, or township is 2,966
responsible for one hundred per cent of the compensation due 2,967
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF THIS SECTION. 2,968
(4) BEGINNING IN FISCAL YEAR 2000, IF THE CONTINUED 2,970
72
PERFORMANCE OF THE FINANCIAL SUPERVISOR HAS BEEN REQUIRED LONGER 2,971
THAN EIGHT YEARS FOR ANY MUNICIPAL CORPORATION, COUNTY, OR 2,972
TOWNSHIP DECLARED TO BE IN A FISCAL EMERGENCY PRIOR TO FISCAL 2,973
YEAR 1996, THAT MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP IS 2,974
RESPONSIBLE FOR FIFTY PER CENT OF THE COMPENSATION DUE IN FISCAL
YEAR 2000 AND ONE HUNDRED PER CENT OF THE COMPENSATION DUE IN 2,975
FISCAL YEAR 2001. 2,976
(C) If the municipal corporation, county, or township 2,979
fails to make any payment to the financial supervisor as required 2,980
by this chapter, the financial supervisor may certify to the 2,981
county auditor the amount due, and that amount shall be withheld 2,982
from the municipal corporation, county, or township from any fund 2,983
or funds in the custody of the county auditor for distribution to 2,984
the municipal corporation, county, or township, except for those 2,985
reserved for payment of local government fund notes. Upon 2,986
receiving such certification from the auditor of state, the 2,987
county auditor shall draw a voucher for the amount against such 2,988
fund or funds in favor of the financial supervisor. 2,989
Sec. 120.04. (A) The state public defender shall serve at 2,998
the pleasure of the Ohio public defender commission and shall be 2,999
an attorney with a minimum of four years of experience in the 3,000
practice of law and be admitted to the practice of law in this 3,001
state at least one year prior to appointment. 3,002
(B) The state public defender shall do all of the 3,004
following:
(1) Maintain a central office in Columbus. The central 3,006
office shall be provided with a library of adequate size, 3,007
considering the needs of the office and the accessibility of 3,008
other libraries, and other necessary facilities and equipment. 3,009
(2) Appoint assistant state public defenders, all of whom 3,011
shall be attorneys admitted to the practice of law in this state, 3,012
and other personnel necessary for the operation of the state 3,013
public defender office. Assistant state public defenders shall 3,014
be appointed on a full-time basis. The state public defender, 3,015
73
assistant state public defenders, and employees appointed by the 3,016
state public defender shall not engage in the private practice of 3,017
law. 3,018
(3) Supervise the compliance of county public defender 3,020
offices, joint county public defender offices, and county 3,021
appointed counsel systems with standards established by rules of 3,022
the Ohio public defender commission pursuant to division (B) of 3,023
section 120.03 of the Revised Code; 3,024
(4) Keep and maintain financial records of all cases 3,026
handled and develop records for use in the calculation of direct 3,027
and indirect costs, in the operation of the office, and report 3,028
periodically, but not less than annually, to the commission on 3,029
all relevant data on the operations of the office, costs, 3,030
projected needs, and recommendations for legislation or 3,031
amendments to court rules, as may be appropriate to improve the 3,032
criminal justice system; 3,033
(5) Collect all moneys due the state for reimbursement for 3,035
legal services under this chapter and under section 2941.51 of 3,036
the Revised Code and institute any actions in court on behalf of 3,038
the state for the collection of such sums that the state public 3,039
defender considers advisable. Except as provided otherwise in 3,040
division (D) of section 120.06 of the Revised Code, all moneys 3,041
collected by the state public defender under this chapter and 3,042
section 2941.51 of the Revised Code shall be deposited in the 3,044
state treasury to the credit of the client payment fund, which is 3,045
hereby created. All moneys credited to the fund shall be used by 3,047
the state public defender to appoint assistant state public 3,048
defenders and to provide other personnel, equipment, and 3,049
facilities necessary for the operation of the state public 3,050
defender office, to reimburse counties for the operation of 3,051
county public defender offices, joint county public defender 3,052
offices, and county appointed counsel systems pursuant to 3,053
sections 120.18, 120.28, and 120.33 of the Revised Code, or to 3,054
provide assistance to counties in the operation of county 3,055
74
indigent defense systems.
(6) With respect to funds appropriated to the commission 3,057
to pay criminal costs, perform the duties imposed by section 3,058
SECTIONS 2949.19 AND 2949.201 of the Revised Code; 3,059
(7) Establish standards and guidelines for the 3,061
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 3,062
2941.51, and 2949.19 of the Revised Code, of counties for the 3,063
operation of county public defender offices, joint county public 3,064
defender offices, and county appointed counsel systems and for 3,065
other costs related to felony prosecutions; 3,066
(8) Establish maximum amounts that the state will 3,068
reimburse the counties pursuant to sections 120.18, 120.28, 3,069
120.33, and 2941.51 of the Revised Code; 3,070
(9) Establish maximum amounts that the state will 3,072
reimburse the counties pursuant to section 120.33 of the Revised 3,073
Code for each specific type of legal service performed by a 3,074
county appointed counsel system; 3,075
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 3,077
and 2949.19 of the Revised Code and make reimbursements pursuant 3,078
to those sections; 3,079
(11) Administer the program established pursuant to 3,081
sections 120.51 to 120.55 of the Revised Code for the charitable 3,082
public purpose of providing financial assistance to legal aid 3,083
societies. Neither the state public defender nor any of the 3,084
state public defender's employees who is responsible in any way 3,086
for the administration of that program and who performs those 3,087
administrative responsibilities in good faith is in any manner 3,089
liable if a legal aid society that is provided financial 3,090
assistance under the program uses the financial assistance other 3,091
than in accordance with sections 120.51 to 120.55 of the Revised 3,092
Code or fails to comply with the requirements of those sections. 3,093
(12) Establish an office for the handling of appeal and 3,095
postconviction matters; 3,096
(13) Provide technical aid and assistance to county public 3,099
75
defender offices, joint county public defender offices, and other 3,100
local counsel providing legal representation to indigent persons, 3,101
including representation and assistance on appeals. 3,102
(C) The state public defender may do any of the following: 3,104
(1) In providing legal representation, conduct 3,106
investigations, obtain expert testimony, take depositions, use 3,107
other discovery methods, order transcripts, and make all other 3,108
preparations which are appropriate and necessary to an adequate 3,109
defense or the prosecution of appeals and other legal 3,110
proceedings; 3,111
(2) Seek, solicit, and apply for grants for the operation 3,113
of programs for the defense of indigent persons from any public 3,114
or private source, and may receive donations, grants, awards, and 3,115
similar funds from any lawful source. Such funds shall be 3,116
deposited in the state treasury to the credit of the public 3,117
defender gifts and grants fund, which is hereby created. 3,118
(3) Make all the necessary arrangements to coordinate the 3,120
services of the office with any federal, county, or private 3,121
programs established to provide legal representation to indigent 3,122
persons and others, and to obtain and provide all funds allowable 3,123
under any such programs; 3,124
(4) Consult and cooperate with professional groups 3,126
concerned with the causes of criminal conduct, the reduction of 3,127
crime, the rehabilitation and correction of persons convicted of 3,128
crime, the administration of criminal justice, and the 3,129
administration and operation of the state public defender's 3,130
office; 3,131
(5) Accept the services of volunteer workers and 3,133
consultants at no compensation other than reimbursement for 3,134
actual and necessary expenses; 3,135
(6) Prescribe any forms that are necessary for the uniform 3,137
operation of this chapter; 3,138
(7) Contract with a county public defender commission or a 3,140
joint county public defender commission to provide all or any 3,141
76
part of the services that a county public defender or joint 3,142
county public defender is required or permitted to provide by 3,143
this chapter, or contract with a board of county commissioners of 3,144
a county that is not served by a county public defender 3,145
commission or a joint county public defender commission for the 3,146
provision of services in accordance with section 120.33 of the 3,147
Revised Code. All money received by the state public defender 3,148
pursuant to such a contract shall be credited to EITHER the 3,149
county representation fund created pursuant to division (D) of 3,150
section 120.06 of the Revised Code MULTI-COUNTY: COUNTY SHARE 3,151
FUND OR, IF RECEIVED AS A RESULT OF A CONTRACT WITH TRUMBULL 3,152
COUNTY, THE TRUMBULL COUNTY: COUNTY SHARE FUND. 3,153
(8) Authorize persons employed as criminal investigators 3,155
to attend the Ohio peace officer training academy or any other 3,156
peace officer training school for training; 3,157
(9) Procure a policy or policies of malpractice insurance 3,159
that provide coverage for the state public defender and assistant 3,160
state public defenders in connection with malpractice claims that 3,161
may arise from their actions or omissions related to 3,162
responsibilities derived pursuant to this chapter. 3,163
(D) No person employed by the state public defender as a 3,165
criminal investigator shall attend the Ohio peace officer 3,166
training academy or any other peace officer training school 3,167
unless authorized to do so by the state public defender. 3,168
Sec. 120.06. (A)(1) The state public defender, when 3,177
designated by the court or requested by a county public defender 3,178
or joint county public defender, may provide legal representation 3,179
in all courts throughout the state to indigent adults and 3,180
juveniles who are charged with the commission of an offense or 3,181
act for which the penalty or any possible adjudication includes 3,182
the potential loss of liberty. 3,183
(2) The state public defender may provide legal 3,185
representation to any indigent person who, while incarcerated in 3,186
any state correctional institution, is charged with a felony 3,187
77
offense, for which the penalty or any possible adjudication that 3,188
may be imposed by a court upon conviction includes the potential 3,189
loss of liberty. 3,190
(3) The state public defender may provide legal 3,192
representation to any person incarcerated in any correctional 3,193
institution of the state, in any matter in which the person 3,194
asserts the person is unlawfully imprisoned or detained. 3,195
(4) The state public defender, in any case in which the 3,197
state public defender has provided legal representation or is 3,198
requested to do so by a county public defender or joint county 3,199
public defender, may provide legal representation on appeal. 3,200
(5) The state public defender, when designated by the 3,202
court or requested by a county public defender, joint county 3,203
public defender, or the director of rehabilitation and 3,204
correction, shall provide legal representation in parole and 3,205
probation revocation matters, unless the state public defender 3,206
finds that the alleged parole or probation violator has the 3,207
financial capacity to retain the alleged violator's own counsel. 3,209
(6) If the state public defender contracts with a county 3,211
public defender commission, a joint county public defender 3,212
commission, or a board of county commissioners for the provision 3,213
of services, under authority of division (C)(7) of section 120.04 3,214
of the Revised Code, the state public defender shall provide 3,215
legal representation in accordance with the contract. 3,216
(B) The state public defender shall not be required to 3,218
prosecute any appeal, postconviction remedy, or other proceeding 3,219
pursuant to division (A)(3), (4), or (5) of this section, unless 3,220
the state public defender first is satisfied that there is 3,221
arguable merit to the proceeding. 3,222
(C) A court may appoint counsel or allow an indigent 3,224
person to select the indigent's own personal counsel to assist 3,225
the state public defender as co-counsel when the interests of 3,226
justice so require. When co-counsel is appointed to assist the 3,227
state public defender, the co-counsel shall receive any 3,228
78
compensation that the court may approve, not to exceed the 3,229
amounts provided for in section 2941.51 of the Revised Code. 3,230
(D) When the state public defender is designated by the 3,232
court or requested by a county public defender or joint county 3,233
public defender to provide legal representation for an indigent 3,234
person in any case, other than pursuant to a contract entered 3,235
into under authority of division (C)(7) of section 120.04 of the 3,236
Revised Code, the state public defender shall send to the county 3,237
in which the case is filed an itemized bill for fifty per cent of 3,238
the actual cost of the representation. The county, upon receipt 3,239
of an itemized bill from the state public defender pursuant to 3,240
this division, shall pay fifty per cent of the actual cost of the 3,241
legal representation as set forth in the itemized bill. There is 3,242
hereby created in the state treasury the county representation 3,243
fund for the deposit of moneys received from counties under this 3,244
division. All moneys credited to the fund shall be used by the 3,245
state public defender to provide legal representation for 3,246
indigent persons when designated by the court or requested by a 3,247
county or joint county public defender. 3,248
(E)(1) Notwithstanding any contrary provision of sections 3,250
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised 3,251
Code that pertains to representation by the attorney general, an 3,252
assistant attorney general, or special counsel of an officer or 3,253
employee, as defined in section 109.36 of the Revised Code, or of 3,254
an entity of state government, the state public defender may 3,255
elect to contract with, and to have the state pay pursuant to 3,256
division (E)(2) of this section for the services of, private 3,257
legal counsel to represent the Ohio public defender commission, 3,258
the state public defender, assistant state public defenders, 3,259
other employees of the commission or the state public defender, 3,260
and attorneys described in division (C) of section 120.41 of the 3,261
Revised Code in a malpractice or other civil action or proceeding 3,262
that arises from alleged actions or omissions related to 3,263
responsibilities derived pursuant to this chapter, or in a civil 3,264
79
action that is based upon alleged violations of the constitution 3,265
or statutes of the United States, including section 1983 of Title 3,266
42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 3,267
1983, as amended, and that arises from alleged actions or 3,268
omissions related to responsibilities derived pursuant to this 3,269
chapter, if the state public defender determines, in good faith, 3,270
that the defendant in the civil action or proceeding did not act 3,271
manifestly outside the scope of the defendant's employment or 3,272
official responsibilities, with malicious purpose, in bad faith, 3,273
or in a wanton or reckless manner. If the state public defender 3,274
elects not to contract pursuant to this division for private 3,275
legal counsel in a civil action or proceeding, then, in 3,276
accordance with sections 109.02, 109.07, 109.361 to 109.366, and 3,277
120.03 of the Revised Code, the attorney general shall represent 3,278
or provide for the representation of the Ohio public defender 3,279
commission, the state public defender, assistant state public 3,280
defenders, other employees of the commission or the state public 3,281
defender, or attorneys described in division (C) of section 3,282
120.41 of the Revised Code in the civil action or proceeding. 3,283
(2)(a) Subject to division (E)(2)(b) of this section, 3,285
payment from the state treasury for the services of private legal 3,286
counsel with whom the state public defender has contracted 3,287
pursuant to division (E)(1) of this section shall be accomplished 3,288
only through the following procedure: 3,289
(i) The private legal counsel shall file with the attorney 3,291
general a copy of the contract; a request for an award of legal 3,292
fees, court costs, and expenses earned or incurred in connection 3,293
with the defense of the Ohio public defender commission, the 3,294
state public defender, an assistant state public defender, an 3,295
employee, or an attorney in a specified civil action or 3,296
proceeding; a written itemization of those fees, costs, and 3,297
expenses, including the signature of the state public defender 3,298
and the state public defender's attestation that the fees, costs, 3,300
and expenses were earned or incurred pursuant to division (E)(1) 3,301
80
of this section to the best of the state public defender's 3,302
knowledge and information; a written statement whether the fees, 3,304
costs, and expenses are for all legal services to be rendered in 3,305
connection with that defense, are only for legal services 3,306
rendered to the date of the request and additional legal services 3,307
likely will have to be provided in connection with that defense, 3,308
or are for the final legal services rendered in connection with 3,309
that defense; a written statement indicating whether the private 3,310
legal counsel previously submitted a request for an award under 3,311
division (E)(2) of this section in connection with that defense 3,312
and, if so, the date and the amount of each award granted; and, 3,313
if the fees, costs, and expenses are for all legal services to be 3,314
rendered in connection with that defense or are for the final 3,315
legal services rendered in connection with that defense, a 3,316
certified copy of any judgment entry in the civil action or 3,317
proceeding or a signed copy of any settlement agreement entered 3,318
into between the parties to the civil action or proceeding. 3,319
(ii) Upon receipt of a request for an award of legal fees, 3,321
court costs, and expenses and the requisite supportive 3,322
documentation described in division (E)(2)(a)(i) of this section, 3,323
the attorney general shall review the request and documentation; 3,324
determine whether any of the limitations specified in division 3,325
(E)(2)(b) of this section apply to the request; and, if an award 3,326
of legal fees, court costs, or expenses is permissible after 3,327
applying the limitations, prepare a document awarding legal fees, 3,328
court costs, or expenses to the private legal counsel. The 3,329
document shall name the private legal counsel as the recipient of 3,330
the award; specify the total amount of the award as determined by 3,331
the attorney general; itemize the portions of the award that 3,332
represent legal fees, court costs, and expenses; specify any 3,333
limitation applied pursuant to division (E)(2)(b) of this section 3,334
to reduce the amount of the award sought by the private legal 3,335
counsel; state that the award is payable from the state treasury 3,336
pursuant to division (E)(2)(a)(iii) of this section; and be 3,337
81
approved by the inclusion of the signatures of the attorney 3,338
general, the state public defender, and the private legal 3,339
counsel. 3,340
(iii) The attorney general shall forward a copy of the 3,342
document prepared pursuant to division (E)(2)(a)(ii) of this 3,343
section to the director of budget and management. The AWARD OF 3,344
LEGAL FEES, COURT COSTS, OR EXPENSES SHALL BE PAID OUT OF THE 3,345
STATE PUBLIC DEFENDER'S APPROPRIATIONS, TO THE EXTENT THERE IS A 3,346
SUFFICIENT AVAILABLE BALANCE IN THOSE APPROPRIATIONS. IF THE 3,347
STATE PUBLIC DEFENDER DOES NOT HAVE A SUFFICIENT AVAILABLE 3,348
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS TO PAY THE
ENTIRE AWARD OF LEGAL FEES, COURT COSTS, OR EXPENSES, THE 3,349
director shall make application for the payment of the award of 3,351
legal fees, court costs, or expenses A TRANSFER OF APPROPRIATIONS 3,352
out of the emergency purposes account or any other appropriation 3,354
for emergencies or contingencies, and payments IN AN AMOUNT EQUAL 3,355
TO THE PORTION OF THE AWARD THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,356
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS. A 3,357
TRANSFER OF APPROPRIATIONS out of that THE EMERGENCY PURPOSES 3,359
account or any other appropriation for emergencies or 3,360
contingencies shall be authorized if there are sufficient moneys 3,361
greater than the sum total of then pending emergency purposes 3,362
account requests, or requests for releases from the other 3,363
appropriation. If sufficient moneys exist in A TRANSFER OF 3,364
APPROPRIATIONS OUT OF the emergency purposes account or other 3,366
appropriation for emergencies or contingencies IS MADE to pay AN 3,367
AMOUNT EQUAL TO THE PORTION OF the award THAT EXCEEDS THE 3,368
SUFFICIENT AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S 3,369
APPROPRIATIONS, the director shall cause THE payment of the award 3,370
to be made to the private legal counsel. If sufficient moneys do 3,372
not exist in the emergency purposes account or other 3,373
appropriation for emergencies or contingencies to pay AN AMOUNT 3,374
EQUAL TO THE PORTION OF the award THAT EXCEEDS THE SUFFICIENT 3,375
AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, 3,376
82
the private legal counsel shall request the general assembly to 3,377
make an appropriation sufficient to pay AN AMOUNT EQUAL TO THE 3,378
PORTION OF the award THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,379
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, and no 3,380
payment IN THAT AMOUNT shall be made until the appropriation has 3,381
been made. The private legal counsel shall make the request 3,382
during the current biennium and during each succeeding biennium 3,383
until a sufficient appropriation is made. 3,384
(b) An award of legal fees, court costs, and expenses 3,386
pursuant to division (E) of this section is subject to the 3,387
following limitations: 3,388
(i) The maximum award or maximum aggregate of a series of 3,390
awards of legal fees, court costs, and expenses to the private 3,391
legal counsel in connection with the defense of the Ohio public 3,392
defender commission, the state public defender, an assistant 3,393
state public defender, an employee, or an attorney in a specified 3,394
civil action or proceeding shall not exceed fifty thousand 3,395
dollars. 3,396
(ii) The private legal counsel shall not be awarded legal 3,398
fees, court costs, or expenses to the extent the fees, costs, or 3,399
expenses are covered by a policy of malpractice or other 3,400
insurance. 3,401
(iii) The private legal counsel shall be awarded legal 3,403
fees and expenses only to the extent that the fees and expenses 3,404
are reasonable in light of the legal services rendered by the 3,405
private legal counsel in connection with the defense of the Ohio 3,406
public defender commission, the state public defender, an 3,407
assistant state public defender, an employee, or an attorney in a 3,408
specified civil action or proceeding. 3,409
(c) If, pursuant to division (E)(2)(a) of this section, 3,411
the attorney general denies a request for an award of legal fees, 3,412
court costs, or expenses to private legal counsel because of the 3,413
application of a limitation specified in division (E)(2)(b) of 3,414
this section, the attorney general shall notify the private legal 3,416
83
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a 3,418
private legal counsel receives a denial of an award notification 3,419
or if a private legal counsel refuses to approve a document under 3,420
division (E)(2)(a)(ii) of this section because of the proposed 3,421
application of a limitation specified in division (E)(2)(b) of 3,422
this section, the private legal counsel may commence a civil 3,423
action against the attorney general in the court of claims to 3,424
prove the private legal counsel's entitlement to the award 3,425
sought, to prove that division (E)(2)(b) of this section does not 3,427
prohibit or otherwise limit the award sought, and to recover a 3,428
judgment for the amount of the award sought. A civil action 3,429
under division (E)(2)(d) of this section shall be commenced no 3,430
later than two years after receipt of a denial of award 3,431
notification or, if the private legal counsel refused to approve 3,432
a document under division (E)(2)(a)(ii) of this section because 3,433
of the proposed application of a limitation specified in division 3,434
(E)(2)(b) of this section, no later than two years after the 3,435
refusal. Any judgment of the court of claims in favor of the 3,436
private legal counsel shall be paid from the state treasury in 3,437
accordance with division (E)(2)(a) of this section. 3,438
(F) If a court appoints the office of the state public 3,441
defender to represent a petitioner in a postconviction relief 3,442
proceeding under section 2953.21 of the Revised Code, the 3,443
petitioner has received a sentence of death, and the proceeding 3,444
relates to that sentence, all of the attorneys who represent the 3,445
petitioner in the proceeding pursuant to the appointment, whether 3,446
an assistant state public defender, the state public defender, or 3,447
another attorney, shall be certified under Rule 65 of the Rules 3,448
of Superintendence for Common Pleas Courts to represent indigent 3,450
defendants charged with or convicted of an offense for which the 3,451
death penalty can be or has been imposed.
Sec. 120.18. (A) The county public defender commission's 3,460
report to the board of county commissioners shall be audited by 3,461
84
the county auditor. The board of county commissioners, after 3,462
review and approval of the audited report, may then certify it to 3,463
the state public defender for reimbursement. If a request for 3,464
the reimbursement of any operating expenditure incurred by a 3,465
county public defender office is not received by the state public 3,466
defender within sixty days after the end of the calendar month in 3,467
which the expenditure is incurred, the state public defender 3,468
shall not pay the requested reimbursement, unless the county has 3,469
requested, and the state public defender has granted, an 3,470
extension of the sixty-day time limit. Each request for 3,471
reimbursement shall include a certification by the county public 3,472
defender that the persons provided representation by the county 3,473
public defender's office during the period covered by the report 3,474
were indigent AND, FOR EACH PERSON PROVIDED REPRESENTATION DURING 3,475
THAT PERIOD, A FINANCIAL DISCLOSURE FORM COMPLETED BY THE PERSON 3,476
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 3,477
public defender shall also review the report and, in accordance 3,479
with the standards, guidelines, and maximums established pursuant 3,480
to divisions (B)(7) and (8) of section 120.04 of the Revised 3,481
Code, prepare a voucher for fifty per cent of the total cost of 3,482
each county public defender's office for the period of time 3,483
covered by the certified report and a voucher for fifty per cent 3,484
of the costs and expenses that are reimbursable under section 3,485
120.35 of the Revised Code, if any, or, if the amount of money 3,486
appropriated by the general assembly to reimburse counties for 3,487
the operation of county public defender offices, joint county 3,488
public defender offices, and county appointed counsel systems is 3,489
not sufficient to pay fifty per cent of the total cost of all of 3,490
the offices and systems, for the lesser amount required by 3,491
section 120.34 of the Revised Code. For the purposes of this 3,492
section, "total cost" means total expenses minus costs and 3,493
expenses reimbursable under section 120.35 of the Revised Code 3,494
and any funds received by the county public defender commission 3,495
pursuant to a contract, except a contract entered into with a 3,496
85
municipal corporation pursuant to division (E) of section 120.14 3,497
of the Revised Code, gift, or grant. 3,498
(B) If the county public defender fails to maintain the 3,500
standards for the conduct of the office established by rules of 3,501
the Ohio public defender commission pursuant to divisions (B) and 3,502
(C) of section 120.03 or the standards established by the state 3,503
public defender pursuant to division (B)(7) of section 120.04 of 3,504
the Revised Code, the Ohio public defender commission shall 3,505
notify the county public defender commission and the board of 3,506
county commissioners of the county that the county public 3,507
defender has failed to comply with its rules or the standards of 3,508
the state public defender. Unless the county public defender 3,509
commission or the county public defender corrects the conduct of 3,510
his THE COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,511
and standards within ninety days after the date of the notice, 3,513
the state public defender may deny payment of all or part of the 3,514
county's reimbursement from the state provided for in division 3,515
(A) of this section. 3,516
Sec. 120.28. (A) The joint county public defender 3,526
commission's report to the joint board of county commissioners 3,527
shall be audited by the fiscal officer of the district. The 3,528
joint board of county commissioners, after review and approval of 3,529
the audited report, may then certify it to the state public 3,530
defender for reimbursement. If a request for the reimbursement 3,531
of any operating expenditure incurred by a joint county public 3,532
defender office is not received by the state public defender 3,533
within sixty days after the end of the calendar month in which 3,534
the expenditure is incurred, the state public defender shall not 3,535
pay the requested reimbursement, unless the joint board of county 3,536
commissioners has requested, and the state public defender has 3,537
granted, an extension of the sixty-day time limit. Each request 3,538
for reimbursement shall include a certification by the joint 3,539
county public defender that all persons provided representation 3,540
by the joint county public defender's office during the period 3,541
86
covered by the request were indigent AND, FOR EACH PERSON 3,542
PROVIDED REPRESENTATION DURING THAT PERIOD, A FINANCIAL 3,543
DISCLOSURE FORM COMPLETED BY THE PERSON ON A FORM PRESCRIBED BY 3,544
THE STATE PUBLIC DEFENDER. The state public defender shall also 3,546
review the report and, in accordance with the standards, 3,547
guidelines, and maximums established pursuant to divisions (B)(7) 3,548
and (8) of section 120.04 of the Revised Code, prepare a voucher 3,549
for fifty per cent of the total cost of each joint county public 3,550
defender's office for the period of time covered by the certified 3,551
report and a voucher for fifty per cent of the costs and expenses 3,552
that are reimbursable under section 120.35 of the Revised Code, 3,553
if any, or, if the amount of money appropriated by the general 3,554
assembly to reimburse counties for the operation of county public 3,555
defender offices, joint county public defender offices, and 3,556
county appointed counsel systems is not sufficient to pay fifty 3,557
per cent of the total cost of all of the offices and systems, for 3,558
the lesser amount required by section 120.34 of the Revised Code. 3,559
For purposes of this section, "total cost" means total expenses 3,560
minus costs and expenses reimbursable under section 120.35 of the 3,561
Revised Code and any funds received by the joint county public 3,562
defender commission pursuant to a contract, except a contract 3,563
entered into with a municipal corporation pursuant to division 3,564
(E) of section 120.24 of the Revised Code, gift, or grant. Each 3,565
county in the district shall be entitled to a share of such state 3,566
reimbursement in proportion to the percentage of the total cost 3,567
it has agreed to pay. 3,568
(B) If the joint county public defender fails to maintain 3,570
the standards for the conduct of the office established by the 3,571
rules of the Ohio public defender commission pursuant to 3,572
divisions (B) and (C) of section 120.03 or the standards 3,573
established by the state public defender pursuant to division 3,574
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,575
defender commission shall notify the joint county public defender 3,576
commission and the board of county commissioners of each county 3,577
87
in the district that the joint county public defender has failed 3,578
to comply with its rules or the standards of the state public 3,579
defender. Unless the joint public defender commission or the 3,580
joint county public defender corrects the conduct of his THE 3,581
JOINT COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,583
and standards within ninety days after the date of the notice, 3,584
the state public defender may deny all or part of the counties' 3,585
reimbursement from the state provided for in division (A) of this 3,586
section.
Sec. 120.33. (A) In lieu of using a county public 3,596
defender or joint county public defender to represent indigent 3,597
persons in the proceedings set forth in division (A) of section 3,598
120.16 of the Revised Code, the board of county commissioners of 3,599
any county may adopt a resolution to pay counsel who are either 3,600
personally selected by the indigent person or appointed by the 3,601
court. The resolution shall include those provisions the board 3,602
of county commissioners considers necessary to provide effective 3,603
representation of indigent persons in any proceeding for which 3,604
counsel is provided under this section. The resolution shall 3,605
include provisions for contracts with any municipal corporation 3,606
under which the municipal corporation shall reimburse the county 3,607
for counsel appointed to represent indigent persons charged with 3,608
violations of the ordinances of the municipal corporation. 3,609
(1) In a county that adopts a resolution to pay counsel, 3,611
an indigent person shall have the right to do either of the 3,612
following: 3,613
(a) To select the person's own personal counsel to 3,615
represent the person in any proceeding included within the 3,616
provisions of the resolution;
(b) To request the court to appoint counsel to represent 3,618
the person in such a proceeding. 3,619
(2) The court having jurisdiction over the proceeding in a 3,621
county that adopts a resolution to pay counsel shall, after 3,622
determining that the person is indigent and entitled to legal 3,623
88
representation under this section, do either of the following: 3,624
(a) By signed journal entry recorded on its docket, enter 3,626
the name of the lawyer selected by the indigent person as counsel 3,627
of record; 3,628
(b) Appoint counsel for the indigent person if the person 3,630
has requested the court to appoint counsel and, by signed journal 3,631
entry recorded on its dockets, enter the name of the lawyer 3,632
appointed for the indigent person as counsel of record. 3,633
(3) The board of county commissioners shall establish a 3,635
schedule of fees by case or on an hourly basis to be paid to 3,636
counsel for legal services provided pursuant to a resolution 3,637
adopted under this section. Prior to establishing the schedule, 3,638
the board of county commissioners shall request the bar 3,639
association or associations of the county to submit a proposed 3,640
schedule. The schedule submitted shall be subject to the review, 3,641
amendment, and approval of the board of county commissioners. 3,642
(4) Counsel selected by the indigent person or appointed 3,644
by the court at the request of an indigent person in a county 3,645
that adopts a resolution to pay counsel, except for counsel 3,646
appointed to represent a person charged with any violation of an 3,647
ordinance of a municipal corporation that has not contracted with 3,648
the county commissioners for the payment of appointed counsel, 3,649
shall be paid by the county and shall receive the compensation 3,650
and expenses the court approves. Each request for payment shall 3,651
be accompanied by A FINANCIAL DISCLOSURE FORM AND an affidavit of 3,652
indigency THAT ARE completed by the indigent person on forms 3,654
prescribed by the state public defender. Compensation and 3,655
expenses shall not exceed the amounts fixed by the board of 3,656
county commissioners in the schedule adopted pursuant to division 3,657
(A)(3) of this section. No court shall approve compensation and 3,658
expenses that exceed the amount fixed pursuant to division (A)(3) 3,659
of this section.
The fees and expenses approved by the court shall not be 3,661
taxed as part of the costs and shall be paid by the county. 3,662
89
However, if the person represented has, or may reasonably be 3,663
expected to have, the means to meet some part of the cost of the 3,664
services rendered to the person, the person shall pay the county 3,666
an amount that the person reasonably can be expected to pay. 3,667
Pursuant to section 120.04 of the Revised Code, the county shall 3,668
pay to the state public defender a percentage of the payment 3,670
received from the person in an amount proportionate to the 3,672
percentage of the costs of the person's case that were paid to 3,673
the county by the state public defender pursuant to this section. 3,674
The money paid to the state public defender shall be credited to 3,675
the client payment fund created pursuant to division (B)(5) of 3,677
section 120.04 of the Revised Code. 3,678
The county auditor shall draw a warrant on the county 3,680
treasurer for the payment of counsel in the amount fixed by the 3,681
court, plus the expenses the court fixes and certifies to the 3,682
auditor. The county auditor shall report periodically, but not 3,683
less than annually, to the board of county commissioners and to 3,684
the Ohio public defender commission the amounts paid out pursuant 3,685
to the approval of the court. The board of county commissioners, 3,686
after review and approval of the auditor's report, may then 3,687
certify it to the state public defender for reimbursement. If a 3,688
request for reimbursement is not accompanied by A FINANCIAL 3,689
DISCLOSURE FORM AND an affidavit of indigency completed by the 3,691
indigent person on forms prescribed by the state public defender, 3,692
the state public defender shall not pay the requested 3,693
reimbursement. If a request for the reimbursement of the cost of 3,694
counsel in any case is not received by the state public defender 3,695
within ninety days after the end of the calendar month in which 3,696
the case is finally disposed of by the court, unless the county 3,697
has requested and the state public defender has granted an 3,698
extension of the ninety-day limit, the state public defender 3,699
shall not pay the requested reimbursement. The state public 3,700
defender shall also review the report and, in accordance with the 3,701
standards, guidelines, and maximums established pursuant to 3,702
90
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 3,703
prepare a voucher for fifty per cent of the total cost of each 3,704
county appointed counsel system in the period of time covered by 3,705
the certified report and a voucher for fifty per cent of the 3,706
costs and expenses that are reimbursable under section 120.35 of 3,707
the Revised Code, if any, or, if the amount of money appropriated 3,708
by the general assembly to reimburse counties for the operation 3,709
of county public defender offices, joint county public defender 3,710
offices, and county appointed counsel systems is not sufficient 3,711
to pay fifty per cent of the total cost of all of the offices and 3,712
systems other than costs and expenses that are reimbursable under 3,713
section 120.35 of the Revised Code, for the lesser amount 3,714
required by section 120.34 of the Revised Code. 3,715
(5) If any county appointed counsel system fails to 3,717
maintain the standards for the conduct of the system established 3,718
by the rules of the Ohio public defender commission pursuant to 3,719
divisions (B) and (C) of section 120.03 or the standards 3,720
established by the state public defender pursuant to division 3,721
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,722
defender commission shall notify the board of county 3,723
commissioners of the county that the county appointed counsel 3,724
system has failed to comply with its rules or the standards of 3,725
the state public defender. Unless the board of county 3,726
commissioners corrects the conduct of its appointed counsel 3,727
system to comply with the rules and standards within ninety days 3,728
after the date of the notice, the state public defender may deny 3,729
all or part of the county's reimbursement from the state provided 3,731
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 3,733
county public defender to represent indigent persons in the 3,734
proceedings set forth in division (A) of section 120.16 of the 3,735
Revised Code, and in lieu of adopting the resolution and 3,736
following the procedure described in division (A) of this 3,737
section, the board of county commissioners of any county may 3,738
91
contract with the state public defender for the state public 3,739
defender's legal representation of indigent persons. A contract 3,741
entered into pursuant to this division may provide for payment 3,742
for the services provided on a per case, hourly, or fixed 3,743
contract basis.
(C) If a court appoints an attorney pursuant to this 3,745
section to represent a petitioner in a postconviction relief 3,746
proceeding under section 2953.21 of the Revised Code, the 3,747
petitioner has received a sentence of death, and the proceeding 3,748
relates to that sentence, the attorney who represents the 3,749
petitioner in the proceeding pursuant to the appointment shall be 3,750
certified under Rule 65 of the Rules of Superintendence for 3,751
Common Pleas Courts to represent indigent defendants charged with 3,753
or convicted of an offense for which the death penalty can be or 3,754
has been imposed.
Sec. 121.05. Except as otherwise provided in this section, 3,763
in each department, there shall be an assistant director 3,764
designated by the director of that department. In the department 3,765
of health, there shall be two assistant directors, each of whom 3,766
shall be designated by the director of health. In the department 3,768
of transportation, there shall be an assistant director for 3,769
business management, an assistant director for field operations, 3,770
and an assistant director for transportation policy, each of whom 3,772
shall be designated by the director of transportation. In the
department of insurance, the deputy superintendent of insurance 3,774
shall be the assistant director. In the department of
administrative services, there shall be two assistant directors, 3,775
each of whom shall be designated by the director of 3,776
administrative services. In the department of commerce, there 3,777
shall be two assistant directors, each of whom shall be 3,778
designated by the director of commerce. IN THE DEPARTMENT OF 3,779
HUMAN SERVICES, THERE MAY BE UP TO TWO ASSISTANT DIRECTORS, EACH 3,780
OF WHOM SHALL BE DESIGNATED BY THE DIRECTOR OF HUMAN SERVICES. 3,781
In each department, the assistant director shall act as director 3,782
92
in the absence or disability of the director and also shall act 3,783
as director when the position of director is vacant, except that 3,784
in the department of transportation, the department of health, 3,785
the department of commerce, and the department of administrative 3,786
services, AND THE DEPARTMENT OF HUMAN SERVICES, the director 3,788
shall designate which assistant director shall act as director in 3,789
the director's absence.
A director may designate any of the director's assistant 3,791
directors or a deputy director to serve in the director's place 3,792
as a member of any board, committee, authority, or commission of 3,794
which the director is, by law, a member. The designee, when 3,795
present, shall be counted in determining whether a quorum is 3,796
present at any meeting. The designee may vote and participate in 3,798
all proceedings and actions of the board, committee, authority, 3,799
or commission, provided that the designee shall not execute or 3,800
cause a facsimile of the designee's signature to be placed on any 3,802
obligation, or execute any trust agreement or indenture. Such 3,803
THE designation shall be in writing, executed by the designating 3,805
director, filed with the secretary of the board, committee, 3,806
authority, or commission, and shall be in effect until withdrawn 3,807
or superseded by a new designation.
Sec. 121.24. (A) As used in this section: 3,817
(1) "Agency" means any agency as defined in division 3,819
(A)(2) of section 111.15 or division (A) of section 119.01 of the 3,820
Revised Code. 3,821
(2) "Employee" means a person who is employed by a small 3,823
business or small organization for at least one thousand eight 3,824
hundred hours per year. 3,825
(3) A rule is "filed in final form" when it is filed with 3,827
the secretary of state, the director of the legislative service 3,828
commission, and the joint committee on agency rule review under 3,829
division (B)(1) of section 111.15, division (A)(1) of section 3,830
119.04, division (B)(1) of section 4141.14, or division (A) of 3,831
section 5703.14 of the Revised Code. 3,832
93
(4) "History trail" means the supplementary information 3,834
required to be provided on each copy of a proposed rule, which 3,835
information is not part of the text of the rule, and sets forth 3,836
the statute prescribing the procedure in accordance with which 3,837
the proposed rule is required to be adopted, the statute that 3,838
authorizes the agency to adopt the proposed rule, the statute 3,839
that the agency intends to amplify or implement by adopting the 3,840
proposed rule, the effective dates of any previous versions of 3,841
the rule that is the subject of the proposal, and other similar 3,842
information as prescribed in rules of the legislative service 3,843
commission. 3,844
(5) "Individual" means any individual who is affected by a 3,846
rule in the individual's capacity as an officer or employee of a 3,848
small business or small organization. 3,849
(6) "Rule summary and fiscal analysis" means a rule 3,851
summary and fiscal analysis of a proposed rule that provides the 3,852
information required by division (B) of section 127.18 of the 3,853
Revised Code, and that has been prepared in the form prescribed 3,854
by the joint committee on agency rule review under division (E) 3,855
of that section. 3,856
(7) "Rate" means any rate, classification, fare, toll, 3,858
rental, or charge of a public utility. 3,859
(8) "Rule" means any rule, regulation, or standard having 3,861
a general and uniform operation, including any appendix thereto, 3,862
that is adopted, promulgated, and enforced by an agency under the 3,863
authority of the laws governing the agency. "Rule" includes the 3,864
adoption of a new rule or the amendment or rescission of an 3,865
existing rule. "Rule" does not include any of the following: 3,866
(a) A rule proposed under section 1121.05, 1121.06, 3,868
1155.18, or 1163.22 of the Revised Code; 3,869
(b) A rule governing the internal management of an agency 3,871
that does not affect private rights; 3,872
(c) A rule authorized by law to be issued as a temporary 3,874
written order; 3,875
94
(d) Except as otherwise provided in division (A)(8)(d) of 3,877
this section, a rule or order, whether of a quasi-legislative or 3,878
quasi-judicial nature, proposed by the public utilities 3,879
commission. Any rule or order, whether of a quasi-legislative or 3,880
quasi-judicial nature, proposed by the public utilities 3,881
commission that determines a rate of a public utility to be just 3,882
and reasonable is a "rule" for purposes of this section, unless 3,883
the rule or order contains findings that the public utility, in 3,884
applying for approval of the rate under section 4909.18 of the 3,885
Revised Code, stated facts and grounds sufficient for the 3,886
commission to determine that the proposed rate was just and 3,887
reasonable. 3,888
(e) A proposed rule, the adoption of which is mandated by 3,890
a federal law or rule, and which must be adopted substantially as 3,891
prescribed by federal law or rule, to become effective within one 3,892
hundred twenty days of adoption, so long as the history trail of 3,893
the proposed rule contains a statement that it is proposed for 3,894
the purpose of complying with a federal law or rule and a 3,895
citation to the federal law or rule that mandates substantial 3,896
compliance; 3,897
(9) "Small business" means an independently owned and 3,899
operated business having fewer than four hundred employees. 3,900
(10) "Small organization" means an unincorporated 3,902
association, sheltered workshop, or nonprofit enterprise having 3,903
fewer than four hundred employees. This definition is not 3,904
limited to the types of small organizations expressly mentioned, 3,905
and includes all other types of small organizations, so long as 3,906
such organizations have fewer than four hundred employees. 3,907
(B) If an agency intends to adopt a rule, and reasonably 3,909
believes that the proposed rule, if adopted, will be likely to 3,910
affect individuals, small businesses, or small organizations, the 3,911
agency shall comply with the following procedure in adopting the 3,912
rule, in addition to any other procedure required by section 3,913
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 3,914
95
5117.02 of the Revised Code or any other statute of this state: 3,916
(1) The agency shall prepare a complete and accurate rule 3,918
summary and fiscal analysis of the original version of the 3,919
proposed rule. 3,920
(2) After complying with division (B)(1) of this section, 3,922
and at least sixty days before the agency files the proposed rule 3,923
in final form, the agency shall file with the office of small 3,924
business, one copy of the full text of the original version of 3,925
the proposed rule and one copy of the rule summary and fiscal 3,926
analysis of such proposed rule. 3,927
(3) During a period commencing on the date the original 3,929
version of the proposed rule is filed pursuant to division (B)(2) 3,930
of this section and ending forty days thereafter: 3,931
(a) The chairperson of the standing committee of the 3,933
senate or house of representatives having jurisdiction over 3,935
individuals, small businesses, or small organizations, or any 3,936
other person having an interest in the proposed rule, may submit 3,937
written comments to the agency, to the joint committee on agency 3,938
rule review, or to both, concerning the expected effect of the 3,939
proposed rule, if adopted, upon individuals, small businesses, 3,940
and small organizations. The agency and joint committee shall 3,941
accept all such timely submitted written comments. 3,942
(b) The chairperson of the standing committee of the 3,944
senate or house of representatives having jurisdiction over 3,946
individuals, small businesses, or small organizations may request 3,947
the agency to appear before the committee and testify, answer 3,948
questions asked by members of the committee, and produce 3,949
information in the possession of the agency as requested by the 3,950
committee, concerning the expected effect of the proposed rule, 3,951
if adopted, upon individuals, small businesses, or small 3,952
organizations. Upon receipt of a request from the chairperson of 3,954
the appropriate standing committee of the senate or house of 3,955
representatives under division (B)(3)(b) of this section, the 3,956
agency shall designate an officer or employee of the agency to 3,957
96
appear before the committee, and shall otherwise comply with the 3,958
request, in the manner directed by the request. 3,959
(4) The agency shall not proceed to file the proposed rule 3,961
in final form until it has considered any written comments timely 3,962
submitted to it under division (B)(3)(a) of this section, has 3,963
identified the issues raised by the comments, has assessed the 3,964
proposed rule in light of the issues raised by the comments, and 3,965
has made such revisions in the proposed rule as it considers 3,966
advisable in light of its assessment. 3,967
An agency is not required to put any revised version of a 3,969
proposed rule through the procedure of divisions (B)(1) to (4) of 3,970
this section. 3,971
(C) Any original version of a proposed rule, rule summary 3,973
and fiscal analysis, or written comment filed or submitted under 3,974
division (B) of this section shall be preserved by the agency 3,975
with which it is filed or to which it is submitted, and is a 3,976
public record open to public inspection. 3,977
(D) Each agency shall prepare a plan that provides for the 3,979
periodic review, at least once every five years, of each rule of 3,980
the agency that is not otherwise subject to review under section 3,981
119.032 of the Revised Code and that affects individuals, small 3,982
businesses, or small organizations. The purpose of each periodic 3,983
review shall be to determine whether the rule that is being 3,984
reviewed should be continued without change or amended or 3,985
rescinded, consistent with the purpose, scope, and intent of the 3,986
applicable statute authorizing adoption of the rule, so as to 3,987
minimize the economic impact of the rule upon individuals, small 3,988
businesses, or small organizations. Accordingly, in making each 3,989
periodic review of a rule, the agency shall consider the 3,990
continued need for the rule, the nature of any written complaints 3,991
or comments that the agency has received with regard to the rule, 3,992
the extent to which the rule duplicates, overlaps, or conflicts 3,993
with other currently effective rules, and the degree to which 3,994
technology, economic conditions, and other relevant factors have 3,995
97
changed in the area affected by the rule. 3,996
Each agency shall annually report to the governor and 3,998
general assembly, with regard to each of its rules that have been 3,999
reviewed under this division during the preceding calendar year, 4,000
the title and administrative code rule number of the rule, a 4,001
brief summary of the content and operation of the rule, and a 4,002
brief summary of the results of the review. If the agency is 4,003
otherwise required to make an annual report to the governor and 4,004
general assembly, the agency shall report this information in an 4,005
appropriately designated section of its annual report. If, 4,006
however, the agency is not otherwise required to make an annual 4,007
report to the governor and general assembly, the agency, on or 4,008
before the first day of February, shall report this information 4,009
in a separate report to the governor and general assembly. In 4,010
addition to the submissions required by section 101.68 of the 4,011
Revised Code, and in addition to any requirement of that section 4,012
to submit notice of the availability of a report instead of 4,013
copies of the report, the agency shall submit copies of its 4,014
annual or separate report, which provides the information 4,015
required by this division, to the chairpersons of the standing 4,017
committees of the senate and house of representatives having 4,018
jurisdiction over individuals, small businesses, and small 4,019
organizations. 4,020
Each agency having rules in effect on the effective date of 4,022
this section JANUARY 1, 1985, that affect individuals, small 4,024
businesses, or small organizations shall divide those rules into 4,025
groups, so that at least one-fifth of those rules are reviewed 4,026
during each year of a five-year period commencing on the 4,027
effective date of this section JANUARY 1, 1985. A rule that is 4,028
newly adopted after the effective date of this section JANUARY 1, 4,030
1985, shall be reviewed five years after its effective date. 4,033
When a rule has once been reviewed, it shall thereafter be
reviewed again at five-year intervals. 4,034
(E) Each agency shall designate an individual or office 4,036
98
within the agency to be responsible for complying with this 4,037
division. Each individual or office that has been so designated 4,038
shall, within ten days after receiving a request therefor from 4,039
any person: 4,040
(1) Provide the person with copies of any rule proposed by 4,042
the agency that would affect individuals, small businesses, or 4,043
small organizations; 4,044
(2) Provide the person with copies of the rule summary and 4,046
fiscal analysis of any rule proposed by the agency that would 4,047
affect individuals, small businesses, or small organizations; or 4,048
(3) Find, collate, and make available to the person any 4,050
information in the possession of the agency regarding a rule 4,051
proposed by the agency, which information would be of interest to 4,052
individuals, small businesses, or small organizations. 4,053
The agency shall inform the office of small business in 4,055
writing of the name, address, and telephone number of each 4,056
individual or office designated under this division. The agency 4,057
shall promptly inform the office of small business in writing of 4,058
any change in the information thus provided. 4,059
(F) Division (B) of this section does not apply to any 4,061
emergency rule adopted under division (B)(2) of section 111.15 or 4,062
division (F) of section 119.03 of the Revised Code, except that 4,063
the emergency rule becomes subject to such division when it is 4,064
adopted pursuant to the procedure of section 111.15 or 119.03 of 4,065
the Revised Code for the adoption of rules not of an emergency 4,066
nature. 4,067
(G) The department of taxation shall provide a copy of the 4,069
full text of any rule proposed by the department that may affect 4,070
any business to the office of small business, and the department 4,071
shall designate an office within the agency responsible for 4,072
providing a copy of any such rule within ten days of receiving a 4,073
request from any person. 4,074
Sec. 121.371. There is hereby created the wellness block 4,083
grant program. The Ohio family and children first cabinet 4,085
99
council shall oversee the program, and the children's trust fund 4,086
board, created by section 3109.15 of the Revised Code, shall 4,087
serve as the program's administrative agent. The board and the 4,088
cabinet council shall establish guidelines for operating the 4,089
wellness block grant program. A REPRESENTATIVE OF THE FAMILY AND 4,090
CHILDREN FIRST CABINET COUNCIL AND THE CHAIRPERSON OF THE 4,091
CHILDREN'S TRUST FUND BOARD SHALL RESOLVE ANY DISAGREEMENTS 4,092
CONCERNING THE DUTIES OF THE COUNCIL AND THE BOARD UNDER THIS
SECTION. 4,093
The children's trust fund board may accept gifts, 4,095
donations, grants, or other moneys for the wellness block grant 4,096
program from any source. The board shall use the funds received 4,097
to make block grants to county family and children first 4,098
councils. The amount to be granted to each county council shall 4,099
be determined by the board and the cabinet council. To cover 4,100
administrative expenses, the board may use in each state fiscal 4,101
year an amount not to exceed one per cent of the total amount 4,102
available for the program in that year. 4,103
County councils shall use the funds they receive through 4,105
wellness block grants to fund community-based programs of 4,106
prevention services that address issues of broad social concern, 4,107
as determined by the cabinet council and the board, and to fund 4,108
state-directed training, evaluation, and education programs 4,109
pertaining to the issues being addressed. Each county council 4,110
shall submit to the board a program and fiscal plan that outlines 4,112
its proposal for expenditure of its block grant AND SHALL, AFTER 4,113
CONSULTING WITH THE BOARD OF COUNTY COMMISSIONERS, DESIGNATE A 4,114
FISCAL AGENT TO RECEIVE THE BLOCK GRANT.
As requested by the board on behalf of the cabinet council, 4,117
each county council shall submit program and fiscal accountings 4,118
regarding the use of its block grant. The board and the cabinet 4,119
council shall establish criteria for assessing a county council's 4,120
progress in achieving the goals of the wellness block grant 4,121
program. If a county council does not operate in accordance with 4,122
100
the program guidelines and criteria established by the board and 4,123
the cabinet council, the board and the cabinet council may revise 4,124
the allocation of funds that the county council receives. 4,125
The board shall prepare an annual report detailing the 4,127
results of the program. The report shall be submitted to the 4,128
governor, the president AND MINORITY LEADER of the senate, and 4,129
the speaker AND MINORITY LEADER of the house of representatives. 4,131
Sec. 121.481. THE SPECIAL INVESTIGATIONS FUND IS HEREBY 4,133
CREATED IN THE STATE TREASURY FOR THE PURPOSE OF PAYING COSTS OF 4,134
INVESTIGATIONS CONDUCTED BY THE INSPECTOR GENERAL. IN RESPONSE 4,135
TO REQUESTS FROM THE INSPECTOR GENERAL, THE CONTROLLING BOARD MAY 4,136
MAKE TRANSFERS TO THE FUND FROM THE EMERGENCY PURPOSES 4,137
APPROPRIATION OF THE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS: 4,138
(A) THE INSPECTOR GENERAL SHALL NOT REQUEST A TRANSFER 4,140
THAT WOULD CAUSE THE UNOBLIGATED, UNENCUMBERED BALANCE IN THE 4,141
FUND TO EXCEED ONE HUNDRED THOUSAND DOLLARS AT ANY ONE TIME; 4,142
(B) IN REQUESTING A TRANSFER, THE INSPECTOR GENERAL SHALL 4,144
NOT DISCLOSE ANY INFORMATION THAT WOULD RISK IMPAIRING THE 4,145
INVESTIGATION IF IT BECAME PUBLIC, PROVIDED THAT AFTER ANY 4,146
INVESTIGATION USING MONEY TRANSFERRED TO THE FUND FROM AN 4,147
EMERGENCY PURPOSES APPROPRIATION HAS BEEN COMPLETED, THE 4,148
INSPECTOR GENERAL SHALL REPORT TO THE BOARD THE OBJECT AND COST 4,149
OF THE INVESTIGATION, BUT NOT ANY INFORMATION DESIGNATED AS 4,150
CONFIDENTIAL UNDER SECTION 121.44 OF THE REVISED CODE. 4,151
Sec. 122.011. (A) The department of development shall 4,160
develop and promote plans and programs designed to assure that 4,161
state resources are efficiently used, economic growth is properly 4,162
balanced, community growth is developed in an orderly manner, and 4,163
local governments are coordinated with each other and the state, 4,164
and for such purposes may do all of the following: 4,165
(1) Serve as a clearinghouse for information, data, and 4,167
other materials that may be helpful or necessary to persons or 4,168
local governments, as provided in section 122.07 of the Revised 4,169
Code; 4,170
101
(2) Prepare and activate plans for the retention, 4,172
development, expansion, and use of the resources and commerce of 4,173
the state, as provided in section 122.04 of the Revised Code; 4,174
(3) Assist and cooperate with federal, state, and local 4,176
governments and agencies of federal, state, and local governments 4,178
in the coordination of programs to carry out the functions and
duties of the department; 4,179
(4) Encourage and foster research and development 4,181
activities, conduct studies related to the solution of community 4,182
problems, and develop recommendations for administrative or 4,183
legislative actions, as provided in section 122.03 of the Revised 4,184
Code; 4,185
(5) Serve as the economic and community development 4,187
planning agency, which shall prepare and recommend plans and 4,188
programs for the orderly growth and development of this state and 4,189
which shall provide planning assistance, as provided in section 4,190
122.06 of the Revised Code; 4,191
(6) Cooperate with and provide technical assistance to 4,193
state departments, political subdivisions, regional and local 4,194
planning commissions, tourist associations, councils of 4,195
government, community development groups, community action 4,196
agencies, and other appropriate organizations for carrying out 4,197
the functions and duties of the department or for the solution of 4,198
community problems.; 4,199
(7) Coordinate the activities of state agencies that have 4,201
an impact on carrying out the functions and duties of the 4,202
department; 4,203
(8) Encourage and assist the efforts of and cooperate with 4,205
local governments to develop mutual and cooperative solutions to 4,206
their common problems that relate to carrying out the purposes of 4,207
this section; 4,208
(9) Study existing structure, operations, AND financing of 4,210
regional or local government and those state activities that 4,211
involve significant relations with regional or local governmental 4,212
102
units, recommend to the governor and to the general assembly such 4,213
changes in these provisions and activities as will improve the 4,214
operations of regional or local government, and conduct other 4,215
studies of legal provisions that affect problems related to 4,216
carrying out the purposes of this section; 4,217
(10) Appoint, with the approval of the governor, technical 4,220
and other advisory councils as it considers appropriate, as 4,221
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 4,223
development to develop and administer programs and activities 4,224
that are authorized by federal statute or the Revised Code; 4,225
(12) Until June 30, 1999 JULY 1, 2001, review, analyze, 4,228
and summarize applications and information regarding the family 4,230
farm loan program forwarded to the department by a financial 4,231
institution pursuant to section 901.81 of the Revised Code, and 4,234
forward the applications, information, analyses, and summaries to 4,235
the director of agriculture; 4,236
(13) Until June 30, 1999 JULY 1, 2001, establish fees and 4,239
charges, in consultation with the director of agriculture, for 4,241
purchasing loans from financial institutions and providing loan 4,242
guarantees under the family farm loan program created under 4,244
sections 901.80 to 901.83 of the Revised Code;
(14) Provide loan servicing for the loans purchased and 4,246
loan guarantees provided under section 901.80 of the Revised Code 4,248
as such THAT section existed prior to June 30, 1999 JULY 1, 2001; 4,250
(15) Until June 30, 1999 JULY 1, 2001, and upon approval 4,253
by the controlling board under division (A)(3) of section 901.82 4,254
of the Revised Code of the release of money to be used for 4,257
purchasing a loan or providing a loan guarantee, request the
release of such THAT money in accordance with division (B) of 4,260
section 166.03 of the Revised Code for use for the purposes of 4,263
the fund created by section 166.031 of the Revised Code. 4,264
(B) The department, by rule, shall establish criteria 4,266
defining nonprofit corporations that are eligible for appointment 4,267
103
as qualified agents pursuant to sections 135.81 to 135.88 of the 4,268
Revised Code. The criteria shall require that a corporation be 4,269
organized pursuant to Chapter 1702. of the Revised Code and have 4,270
as its primary purpose the promotion of economic development or 4,271
the creation or retention of jobs and job opportunities. The 4,272
criteria may include a specification as to the professional 4,273
qualifications of the corporation employees, a minimum elapsed 4,274
period of time since the corporation was organized, current and 4,275
former activities of the corporation, and such other criteria 4,276
reasonably related to the foregoing that relate to the ability of 4,277
the corporation to act as a qualified agent for the purposes of 4,278
sections 135.51 to 135.88 of the Revised Code. 4,279
(C) The director of development may request the attorney 4,281
general to, and the attorney general, in accordance with section 4,282
109.02 of the Revised Code, shall bring a civil action in any 4,284
court of competent jurisdiction. The director may be sued in the 4,285
director's official capacity, in connection with this chapter, in 4,286
accordance with Chapter 2743. of the Revised Code.
Sec. 122.05. (A) The director of development may, to 4,295
carry out the purposes of division (E) of section 122.04 of the 4,296
Revised Code:
(1) Establish offices in foreign countries as the director 4,298
considers appropriate and enter into leases of real property, 4,300
buildings, and office space that are appropriate for these 4,301
offices;
(2) Appoint personnel, who shall be in the unclassified 4,303
civil services, necessary to operate such offices and fix their 4,305
compensation. The director may enter into contracts with foreign 4,306
nationals to staff the foreign offices established under this 4,307
section.
(3) The director may establish UNITED STATES DOLLAR AND 4,310
foreign currency accounts with banks in countries in which 4,311
foreign offices have been established under this section, for the 4,312
payment of expenses related to the operation and maintenance of 4,313
104
those THE offices ESTABLISHED UNDER THIS SECTION. The director 4,314
may also establish accounts with domestic banks to deposit funds 4,315
that have been converted to the appropriate currency of the 4,316
offices established under this section. The director shall 4,317
establish procedures acceptable to the director of budget and
management for the conversion, transfer, and control of UNITED 4,319
STATES DOLLARS AND foreign currency in domestic and foreign banks 4,320
and for the accounting of funds at the end of each biennium. 4,321
(4) Do all things necessary and appropriate for the 4,323
operation of the state's foreign offices. 4,325
(B) All contracts entered into under division (A)(2) of 4,327
this section and any payments of expenses related to the 4,328
operation and maintenance of foreign offices established under 4,329
this section may be paid in the appropriate foreign currency and 4,330
are exempt from sections 127.16 and 5147.07 and Chapters 124., 4,331
125., and 153. of the Revised Code.
Sec. 122.15. As used in sections 122.15 to 122.154 of the 4,341
Revised Code:
(A) "Edison center" means a cooperative research and 4,343
development facility that receives funding through the Thomas 4,344
Alva Edison grant program under division (C) of section 122.33 of 4,346
the Revised Code.
(B) "Ohio entity" means any corporation, limited liability 4,349
company, or unincorporated business organization, including a 4,350
general or limited partnership, that has its principal place of 4,351
business located in this state and has at least fifty per cent of 4,352
its gross assets and fifty per cent of its employees located in 4,353
this state. If a corporation, limited liability company, or 4,355
unincorporated business organization is a member of an affiliated 4,356
group, the gross assets and the number of employees of all of the 4,358
members of that affiliated group, wherever those assets and 4,359
employees are located, shall be included for the purpose of 4,360
determining the percentage of the corporation's, company's, or
organization's gross assets and employees that are located in 4,361
105
this state. 4,362
(C) "Qualified trade or business" means any trade or 4,365
business that primarily involves research and development,
technology transfer, bio-technology, or the application of new 4,366
technology developed through research and development or acquired 4,368
through technology transfer. "Qualified trade or business" does 4,370
not include any of the following:
(1) Any trade or business involving the performance of 4,372
services in the field of law, engineering, architecture, 4,373
accounting, actuarial science, performing arts, consulting, 4,374
athletics, financial services, or brokerage services, or any 4,375
trade or business where the principal asset of the trade or 4,376
business is the reputation or skill of one or more of its 4,377
employees; 4,378
(2) Any banking, insurance, financing, leasing, rental, 4,380
investing, or similar business; 4,381
(3) Any farming business, including the business of 4,383
raising or harvesting trees; 4,384
(4) Any business involving the production or extraction of 4,387
products of a character with respect to which a deduction is
allowable under section 611, 613, or 613A of the "Internal 4,389
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 4,391
613A;
(5) Any business of operating a hotel, motel, restaurant, 4,394
or similar business;
(6) Any trade or business involving a hospital, a private 4,396
office of a licensed health care professional, a group practice 4,397
of licensed health care professionals, or a nursing home. As 4,398
used in division (C)(6) of this section: 4,399
(a) "Nursing home" has the same meaning as in section 4,401
3721.50 of the Revised Code. 4,402
(b) "Hospital" has the same meaning as in section 3727.01 4,404
of the Revised Code. 4,405
(D) "Insider" means an individual who owns, controls, or 4,407
106
holds power to vote five per cent or more of the outstanding 4,408
securities of a business. For purposes of determining whether an 4,409
investor is an insider, the percentage of voting power in the 4,410
Ohio entity held by a person related to the investor shall be 4,411
added to the investor's percentage of voting power in the same 4,412
Ohio entity, if the investor claimed the person related to the 4,413
investor as a dependent or a spouse on the investor's federal
income tax return for the previous tax year. 4,414
(E) "Related to" means being the spouse, parent, child, or 4,416
sibling of an individual. 4,417
(F) "Research and development" means designing, creating, 4,420
or formulating new or enhanced products, equipment, or processes, 4,421
and conducting scientific or technological inquiry and 4,422
experimentation in the physical sciences with the goal of 4,423
increasing scientific knowledge that may reveal the bases for new 4,424
or enhanced products, equipment, or processes. 4,425
(G) "State tax liability" means any tax liability incurred 4,429
under division (D) of section 5707.03, section 5727.24, 5727.38, 4,430
or 5747.02, or Chapter 5733. of the Revised Code. 4,431
(H) "Technology transfer" means the transfer of technology 4,434
from one sector of the economy to another, including the transfer 4,435
of military technology to civilian applications, civilian 4,436
technology to military applications, or technology from public or 4,437
private research laboratories to military or civilian 4,438
applications.
(I) "Affiliated group" means two or more persons related 4,441
in such a way that one of the persons owns or controls the 4,442
business operations of another of those persons. In the case of 4,443
a corporation issuing capital stock, one corporation owns or 4,444
controls the business operations of another corporation if it 4,446
owns more than fifty per cent of the other corporation's capital 4,447
stock with voting rights. In the case of a limited liability 4,448
company, one person owns or controls the business operations of 4,449
the company if that person's membership interest, as defined in 4,450
107
section 1705.01 of the Revised Code, is greater than fifty per 4,451
cent of combined membership interest of all persons owning such
interests in the company. In the case of an unincorporated 4,452
business organization, one person owns or controls the business 4,453
operations of the organization if, under the articles of 4,454
organization or other instrument governing the affairs of the 4,455
organization, that person has a beneficial interest in the 4,456
organization's profits, surpluses, losses, or other distributions 4,457
greater than fifty per cent of the combined beneficial interests
of all persons having such an interest in the organization. 4,458
(J) "Money" means United States currency, or a check, 4,461
draft, or cashier's check for United States currency, payable on 4,462
demand and drawn on a bank.
Sec. 122.152. (A) After receiving notice of approval for 4,472
an investment of money from the industrial technology and 4,473
enterprise advisory council committee under section 122.151 of 4,475
the Revised Code, an investor, within a period of time determined 4,477
by the committee, may make the investment and apply to the 4,478
council for a tax credit certificate. If the council is 4,479
satisfied the investor has made the investment in the proper 4,480
form, it shall issue to the investor a tax credit certificate 4,481
indicating that the investor is allowed a tax credit in an amount 4,483
equal to twenty-five per cent of the investment.
An investor who receives approval of a proposed investment 4,485
of money through a group application, after making the 4,486
investment, shall apply for a tax credit certificate on an 4,488
individual basis.
(B) An investor who is issued a tax credit certificate 4,491
under this section may claim a nonrefundable credit equal to the 4,492
amount indicated on the certificate against any state tax 4,493
liability. The investor shall claim the credit for the taxable 4,494
year in which the certificate is issued. 4,495
(1) If the credit to which a taxpayer otherwise would be 4,498
entitled under this section for any taxable year is greater than 4,499
108
the tax otherwise due under division (D) of section 5707.03 or 4,500
section 5727.24 OR 5727.38 of the Revised Code, the excess shall 4,501
be allowed as a credit in each of the ensuing fifteen taxable 4,503
years, but the amount of any excess credit allowed in an ensuing 4,505
taxable year shall be deducted from the balance carried forward 4,506
to the next taxable year.
(2) If the credit to which a taxpayer otherwise would be 4,509
entitled under this section for any taxable year is greater than 4,510
the tax otherwise due under section 5747.02 or Chapter 5733. of 4,511
the Revised Code, after allowing for any other credits that 4,512
precede the credit allowed under this section in the order 4,513
required under section 5733.98 or 5747.98 of the Revised Code, 4,514
the excess shall be allowed as a credit in each of the ensuing 4,515
fifteen taxable years, but the amount of any excess credit 4,516
allowed in an ensuing taxable year shall be deducted from the 4,517
balance carried forward to the next taxable year. 4,518
(C) Any portion of a credit allowed under this section 4,521
that is utilized by an investor to reduce the investor's state 4,522
tax liability shall not be utilized by any other person.
(D) To claim a tax credit allowed under this section, an 4,525
investor shall attach to the appropriate return a copy of the 4,526
certificate issued to the investor under this section. 4,527
(E) Nothing in this section shall limit or disallow 4,530
pass-through treatment of a pass-through entity's income, 4,531
deductions, or credits, or other amounts necessary to compute a 4,532
state tax liability. 4,533
(F) A tax credit certificate issued to an investor under 4,536
this section may not be transferred by that investor to any other 4,537
person.
(G)(1) The industrial technology and enterprise advisory 4,539
council shall develop the form of the tax credit certificate and 4,541
shall use that form when issuing a tax credit certificate under 4,542
this section.
(2) The industrial technology and enterprise advisory 4,545
109
council shall report to the tax commissioner any information 4,546
requested by the commissioner concerning tax credit certificates 4,547
issued under this section. 4,548
(H) An investment made by an investor or group of 4,550
investors who enter into a contractual agreement with an Ohio 4,553
entity to invest money in the Ohio entity is an acceptable 4,554
investment if all of the following conditions are met: 4,555
(1) The investment is made pursuant to a subscription 4,557
agreement providing that the investor or group of investors is 4,558
entitled to receive a refund of funds if the investment is not 4,559
approved by the industrial technology and enterprise advisory 4,560
council. 4,561
(2) The investment is placed in escrow until the 4,563
investment is approved by the industrial technology and 4,564
enterprise advisory council. 4,565
(3) The investor or group of investors shows proof of the 4,567
withdrawal of the funds by the Ohio entity after the investment 4,569
is approved by the industrial technology and enterprise advisory 4,570
council.
Sec. 122.19. AS USED IN SECTIONS 122.19 TO 122.22 OF THE 4,573
REVISED CODE:
(A) "DISTRESSED AREA" MEANS EITHER A MUNICIPAL CORPORATION 4,575
THAT HAS A POPULATION OF AT LEAST FIFTY THOUSAND OR A COUNTY, 4,576
THAT MEETS AT LEAST TWO OF THE FOLLOWING CRITERIA OF ECONOMIC 4,577
DISTRESS:
(1) ITS AVERAGE RATE OF UNEMPLOYMENT, DURING THE MOST 4,579
RECENT FIVE-YEAR PERIOD FOR WHICH DATA ARE AVAILABLE, IS EQUAL TO 4,580
AT LEAST ONE HUNDRED TWENTY-FIVE PER CENT OF THE AVERAGE RATE OF 4,581
UNEMPLOYMENT FOR THE UNITED STATES FOR THE SAME PERIOD. 4,582
(2) IT HAS A PER CAPITA INCOME EQUAL TO OR BELOW EIGHTY 4,584
PER CENT OF THE MEDIAN COUNTY PER CAPITA INCOME OF THE UNITED 4,585
STATES AS DETERMINED BY THE MOST RECENTLY AVAILABLE FIGURES FROM 4,587
THE UNITED STATES CENSUS BUREAU. 4,588
(3)(a) IN THE CASE OF A MUNICIPAL CORPORATION, AT LEAST 4,590
110
TWENTY PER CENT OF THE RESIDENTS HAVE A TOTAL INCOME FOR THE MOST 4,591
RECENT CENSUS YEAR THAT IS BELOW THE OFFICIAL POVERTY LINE. 4,592
(b) IN THE CASE OF A COUNTY, IN INTERCENSAL YEARS, THE 4,594
COUNTY HAS A RATIO OF TRANSFER PAYMENT INCOME TO TOTAL COUNTY 4,595
INCOME EQUAL TO OR GREATER THAN TWENTY-FIVE PER CENT. 4,596
(B) "ELIGIBLE APPLICANT" MEANS ANY OF THE FOLLOWING THAT 4,598
ARE DESIGNATED BY THE LEGISLATIVE AUTHORITY OF A COUNTY, 4,599
TOWNSHIP, OR MUNICIPAL CORPORATION AS PROVIDED IN DIVISION (B)(1) 4,600
OF SECTION 122.22 OF THE REVISED CODE: 4,601
(1) A PORT AUTHORITY AS DEFINED IN DIVISION (A) OF SECTION 4,603
4582.01 OR DIVISION (A) OF SECTION 4582.21 OF THE REVISED CODE; 4,604
(2) A COMMUNITY IMPROVEMENT CORPORATION AS DESCRIBED IN 4,606
SECTION 1724.01 OF THE REVISED CODE; 4,607
(3) A COMMUNITY-BASED ORGANIZATION OR ACTION GROUP THAT 4,609
PROVIDES SOCIAL SERVICES AND HAS EXPERIENCE IN ECONOMIC 4,610
DEVELOPMENT;
(4) ANY OTHER NONPROFIT ECONOMIC DEVELOPMENT ENTITY; 4,612
(5) A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION IF IT 4,614
DESIGNATES ITSELF. 4,615
(C) "ELIGIBLE AREA" MEANS A DISTRESSED AREA, A LABOR 4,617
SURPLUS AREA, AN INNER CITY AREA, OR A SITUATIONAL DISTRESS AREA, 4,618
AS DESIGNATED ANNUALLY BY THE DIRECTOR OF DEVELOPMENT UNDER 4,619
DIVISION (A) OF SECTION 122.21 OF THE REVISED CODE. 4,620
(D) "GOVERNING BODY" MEANS, IN THE CASE OF A COUNTY, THE 4,622
BOARD OF COUNTY COMMISSIONERS; IN THE CASE OF A MUNICIPAL 4,623
CORPORATION, THE LEGISLATIVE AUTHORITY; AND IN THE CASE OF A
TOWNSHIP, THE BOARD OF TOWNSHIP TRUSTEES. 4,624
(E) "INFRASTRUCTURE IMPROVEMENTS" INCLUDES SITE 4,626
PREPARATION, INCLUDING BUILDING DEMOLITION AND REMOVAL; RETENTION 4,627
PONDS AND FLOOD AND DRAINAGE IMPROVEMENTS; STREETS, ROADS,
BRIDGES, AND TRAFFIC CONTROL DEVICES; PARKING LOTS AND 4,628
FACILITIES; WATER AND SEWER LINES AND TREATMENT PLANTS; GAS, 4,629
ELECTRIC, AND TELECOMMUNICATIONS HOOK-UPS; AND WATERWAY AND 4,630
RAILWAY ACCESS IMPROVEMENTS. 4,631
111
(F) "INNER CITY AREA" MEANS, IN A MUNICIPAL CORPORATION 4,633
THAT HAS A POPULATION OF AT LEAST ONE HUNDRED THOUSAND AND DOES 4,634
NOT MEET THE CRITERIA OF A LABOR SURPLUS AREA OR A DISTRESSED
AREA, TARGETED INVESTMENT AREAS ESTABLISHED BY THE MUNICIPAL 4,635
CORPORATION WITHIN ITS BOUNDARIES THAT ARE COMPRISED OF THE MOST 4,636
RECENT CENSUS BLOCK TRACTS THAT INDIVIDUALLY HAVE AT LEAST TWENTY 4,637
PER CENT OF THEIR POPULATION AT OR BELOW THE STATE POVERTY LEVEL, 4,638
OR OTHER CENSUS BLOCK TRACTS CONTIGUOUS TO SUCH CENSUS BLOCK 4,639
TRACTS.
(G) "LABOR SURPLUS AREA" MEANS AN AREA DESIGNATED AS A 4,641
LABOR SURPLUS AREA BY THE UNITED STATES DEPARTMENT OF LABOR. 4,642
(H) "OFFICIAL POVERTY LINE" HAS THE SAME MEANING AS IN 4,644
DIVISION (A) OF SECTION 3923.51 OF THE REVISED CODE. 4,645
(I) "REDEVELOPMENT PLAN" MEANS A PLAN THAT INCLUDES ALL OF 4,647
THE FOLLOWING: A PLAT; A LAND USE DESCRIPTION; IDENTIFICATION OF 4,648
ALL UTILITIES AND INFRASTRUCTURE NEEDED TO DEVELOP THE PROPERTY,
INCLUDING STREET CONNECTIONS; HIGHWAY, RAIL, AIR, OR WATER 4,649
ACCESS; UTILITY CONNECTIONS; WATER AND SEWER TREATMENT 4,650
FACILITIES; STORM DRAINAGE; AND PARKING, AND ANY OTHER ELEMENTS 4,651
REQUIRED BY A RULE ADOPTED BY THE DIRECTOR OF DEVELOPMENT UNDER 4,652
DIVISION (B) OF SECTION 122.21 OF THE REVISED CODE. 4,653
(J) "SITUATIONAL DISTRESS AREA" MEANS A COUNTY OR A 4,655
MUNICIPAL CORPORATION THAT HAS EXPERIENCED OR IS EXPERIENCING A 4,656
CLOSING OR DOWNSIZING OF A MAJOR EMPLOYER THAT WILL ADVERSELY
AFFECT THE COUNTY'S OR MUNICIPAL CORPORATION'S ECONOMY. IN ORDER 4,657
TO BE DESIGNATED AS A SITUATIONAL DISTRESS AREA FOR A PERIOD NOT 4,658
TO EXCEED THIRTY-SIX MONTHS, THE COUNTY OR MUNICIPAL CORPORATION 4,659
MAY PETITION THE DIRECTOR OF DEVELOPMENT. THE PETITION SHALL 4,660
INCLUDE DOCUMENTATION THAT DEMONSTRATES ALL OF THE FOLLOWING: 4,661
(1) THE NUMBER OF JOBS LOST BY THE CLOSING OR DOWNSIZING; 4,663
(2) THE IMPACT THAT THE JOB LOSS HAS ON THE COUNTY'S OR 4,665
MUNICIPAL CORPORATION'S UNEMPLOYMENT RATE AS MEASURED BY THE OHIO 4,666
BUREAU OF EMPLOYMENT SERVICES; 4,667
(3) THE ANNUAL PAYROLL ASSOCIATED WITH THE JOB LOSS; 4,669
112
(4) THE AMOUNT OF STATE AND LOCAL TAXES ASSOCIATED WITH 4,671
THE JOB LOSS; 4,672
(5) THE IMPACT THAT THE CLOSING OR DOWNSIZING HAS ON THE 4,674
SUPPLIERS LOCATED IN THE COUNTY OR MUNICIPAL CORPORATION. 4,675
Sec. 122.20. (A) THE URBAN AND RURAL INITIATIVE GRANT 4,677
PROGRAM IS HEREBY CREATED TO PROMOTE ECONOMIC DEVELOPMENT AND 4,678
IMPROVE THE ECONOMIC WELFARE OF THE PEOPLE OF THE STATE, WHICH
SHALL BE ACCOMPLISHED BY THE DEPARTMENT OF DEVELOPMENT AWARDING 4,679
GRANTS TO ELIGIBLE APPLICANTS FOR USE IN AN ELIGIBLE AREA FOR ANY 4,680
OF THE FOLLOWING PURPOSES: 4,681
(1) LAND ACQUISITION; 4,683
(2) INFRASTRUCTURE IMPROVEMENTS; 4,685
(3) VOLUNTARY ACTIONS UNDERTAKEN ON PROPERTY ELIGIBLE FOR 4,687
THE VOLUNTARY ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE 4,689
REVISED CODE;
(4) RENOVATION OF EXISTING STRUCTURES. 4,691
(B) THE TOTAL AMOUNT OF GRANTS AWARDED UNDER THE PROGRAM 4,693
SHALL NOT EXCEED TWO MILLION DOLLARS. NO GRANT SHALL BE AWARDED 4,695
WITHOUT THE PRIOR APPROVAL OF THE CONTROLLING BOARD.
(C) AS A CONDITION OF RECEIVING A GRANT UNDER THIS 4,697
SECTION, AND EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 4,698
AN APPLICANT SHALL AGREE NOT TO PERMIT THE USE OF A SITE THAT IS 4,699
DEVELOPED OR IMPROVED WITH SUCH GRANT MONEYS TO CAUSE THE 4,701
RELOCATION OF JOBS TO THAT SITE FROM ELSEWHERE IN THIS STATE. 4,702
(D) A SITE DEVELOPED OR IMPROVED WITH GRANT MONEYS AWARDED 4,704
UNDER THIS SECTION MAY BE THE SITE OF JOBS RELOCATED FROM 4,705
ELSEWHERE IN THIS STATE IF THE DIRECTOR OF DEVELOPMENT DOES ALL 4,706
OF THE FOLLOWING: 4,707
(1) MAKES A WRITTEN DETERMINATION THAT THE SITE FROM WHICH 4,709
THE JOBS WOULD BE RELOCATED IS INADEQUATE TO MEET MARKET OR 4,710
INDUSTRY CONDITIONS, EXPANSION PLANS, CONSOLIDATION PLANS, OR 4,711
OTHER BUSINESS CONSIDERATIONS AFFECTING THE RELOCATING EMPLOYER; 4,712
(2) PROVIDES A COPY OF THE DETERMINATION REQUIRED BY 4,714
DIVISION (D)(1) OF THIS SECTION TO THE MEMBERS OF THE GENERAL 4,715
113
ASSEMBLY WHOSE LEGISLATIVE DISTRICTS INCLUDE THE SITE FROM WHICH 4,716
THE JOBS WOULD BE RELOCATED, AND TO THE JOINT LEGISLATIVE
COMMITTEE ON TAX INCENTIVES; 4,717
(3) DETERMINES THAT THE GOVERNING BODY OF THE AREA FROM 4,719
WHICH THE JOBS WOULD BE RELOCATED HAS BEEN NOTIFIED IN WRITING BY 4,720
THE RELOCATING COMPANY OF THE POSSIBLE RELOCATION. 4,721
(E) NO ELIGIBLE APPLICANT THAT RECEIVES FROM THE PROGRAM 4,723
ANY GRANT OF MONEY FOR LAND ACQUISITION, INFRASTRUCTURE 4,724
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR 4,725
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,726
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,728
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION
122.23 OF THE REVISED CODE SHALL USE THE MONEY TO COMPETE AGAINST 4,729
ANY EXISTING OHIO INDUSTRIAL PARKS. 4,730
(F) AN ELIGIBLE APPLICANT THAT RECEIVES A GRANT FROM THE 4,732
PROGRAM SHALL NOT BE PRECLUDED FROM BEING CONSIDERED FOR OR 4,733
PARTICIPATING IN OTHER FINANCIAL ASSISTANCE PROGRAMS OFFERED BY
THE DEPARTMENT OF DEVELOPMENT, THE OHIO ENVIRONMENTAL PROTECTION 4,734
AGENCY, OR THE OHIO WATER DEVELOPMENT AUTHORITY. 4,735
Sec. 122.21. IN ADMINISTERING THE URBAN AND RURAL 4,737
INITIATIVE GRANT PROGRAM CREATED UNDER SECTION 122.20 OF THE 4,738
REVISED CODE, THE DIRECTOR OF DEVELOPMENT SHALL DO ALL OF THE 4,739
FOLLOWING:
(A) ANNUALLY DESIGNATE, BY THE FIRST DAY OF JANUARY OF 4,741
EACH YEAR, THE ENTITIES THAT CONSTITUTE THE ELIGIBLE AREAS IN 4,743
THIS STATE;
(B) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 4,746
REVISED CODE ESTABLISHING PROCEDURES AND FORMS BY WHICH ELIGIBLE 4,748
APPLICANTS IN ELIGIBLE AREAS MAY APPLY FOR A GRANT, WHICH 4,749
PROCEDURES SHALL INCLUDE A REQUIREMENT THAT THE APPLICANT FILE A 4,750
REDEVELOPMENT PLAN; STANDARDS AND PROCEDURES FOR REVIEWING 4,751
APPLICATIONS AND AWARDING GRANTS; PROCEDURES FOR DISTRIBUTING 4,752
GRANTS TO RECIPIENTS; PROCEDURES FOR MONITORING THE USE OF GRANTS 4,753
114
BY RECIPIENTS; REQUIREMENTS, PROCEDURES, AND FORMS BY WHICH 4,754
RECIPIENTS WHO HAVE RECEIVED GRANTS SHALL REPORT THEIR USE OF 4,755
THAT ASSISTANCE; AND STANDARDS AND PROCEDURES FOR TERMINATING AND 4,756
REQUIRING REPAYMENT OF GRANTS IN THE EVENT OF THEIR IMPROPER USE. 4,757
THE RULES ADOPTED UNDER THIS DIVISION SHALL COMPLY WITH SECTIONS 4,758
122.19 TO 122.22 OF THE REVISED CODE AND SHALL INCLUDE A RULE 4,759
REQUIRING THAT AN ELIGIBLE APPLICANT WHO RECEIVES A GRANT FROM
THE PROGRAM PROVIDE A MATCHING CONTRIBUTION OF AT LEAST 4,760
TWENTY-FIVE PER CENT OF THE AMOUNT OF THE GRANT AWARDED TO THE
ELIGIBLE APPLICANT. 4,761
THE RULES SHALL REQUIRE THAT ANY ELIGIBLE APPLICANT FOR A 4,763
GRANT FOR LAND ACQUISITION DEMONSTRATE TO THE DIRECTOR THAT THE 4,764
PROPERTY TO BE ACQUIRED MEETS ALL STATE ENVIRONMENTAL 4,765
REQUIREMENTS AND THAT UTILITIES FOR THAT PROPERTY ARE AVAILABLE 4,766
AND ADEQUATE. THE RULES SHALL REQUIRE THAT ANY ELIGIBLE 4,767
APPLICANT FOR A GRANT FOR PROPERTY ELIGIBLE FOR THE VOLUNTARY 4,768
ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE REVISED CODE 4,769
RECEIVE DISBURSEMENT OF GRANT MONEYS ONLY AFTER RECEIVING A 4,770
COVENANT NOT TO SUE FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION 4,771
UNDER SECTION 3746.12 OF THE REVISED CODE AND SHALL REQUIRE THAT 4,773
THOSE MONEYS BE DISBURSED ONLY AS REIMBURSEMENT OF ACTUAL
EXPENSES INCURRED IN THE UNDERTAKING OF THE VOLUNTARY ACTION. 4,774
THE RULES SHALL REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR 4,775
LAND ACQUISITION, INFRASTRUCTURE IMPROVEMENTS, OR RENOVATION OF 4,776
EXISTING STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE 4,777
FOR A DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL 4,778
DISTRESS AREA AS DEFINED IN SECTION 122.19 OF THE REVISED CODE 4,779
THAT ALSO IS A DISTRESSED AREA, LABOR SURPLUS AREA, OR 4,780
SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 122.23 OF THE 4,781
REVISED CODE, A SUBSTANTIAL PORTION OF THE SITE BE USED FOR 4,782
MANUFACTURING, DISTRIBUTION, HIGH TECHNOLOGY, RESEARCH AND 4,783
DEVELOPMENT, OR OTHER BUSINESSES IN WHICH A MAJORITY OF THE 4,784
PRODUCT OR SERVICE PRODUCED IS EXPORTED OUT OF THE STATE. ANY 4,785
RETAIL USE AT THE SITE SHALL NOT CONSTITUTE A PRIMARY USE BUT 4,786
115
ONLY A USE INCIDENTAL TO OTHER ELIGIBLE USES. THE RULES SHALL 4,787
REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR LAND ACQUISITION, 4,788
INFRASTRUCTURE IMPROVEMENTS, AND RENOVATION OF EXISTING 4,789
STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE FOR A 4,790
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,791
AS DEFINED IN SECTION 122.19 OF THE REVISED CODE THAT ALSO IS A 4,792
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,793
AS DEFINED IN SECTION 122.23 OF THE REVISED CODE, THE APPLICANT 4,794
FOR THE GRANT SHALL VERIFY TO THE DEPARTMENT OF DEVELOPMENT THE 4,795
EXISTENCE OF A LOCAL ECONOMIC DEVELOPMENT PLANNING COMMITTEE IN A
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP WHOSE TERRITORY 4,796
INCLUDES THE ELIGIBLE AREA. THE COMMITTEE SHALL CONSIST OF 4,797
MEMBERS OF THE PUBLIC AND PRIVATE SECTORS WHO LIVE IN THAT 4,798
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP. THE LOCAL ECONOMIC 4,799
DEVELOPMENT PLANNING COMMITTEE SHALL PREPARE AND SUBMIT TO THE 4,800
DEPARTMENT A FIVE-YEAR ECONOMIC DEVELOPMENT PLAN FOR THAT 4,801
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP THAT IDENTIFIES, FOR 4,802
THE FIVE-YEAR PERIOD COVERED BY THE PLAN, THE ECONOMIC 4,803
DEVELOPMENT STRATEGIES OF A MUNICIPAL CORPORATION, COUNTY, OR 4,804
TOWNSHIP WHOSE TERRITORY INCLUDES THE PROPOSED INDUSTRIAL PARK 4,805
SITE. THE ECONOMIC DEVELOPMENT PLAN SHALL DESCRIBE IN DETAIL HOW 4,806
THE PROPOSED INDUSTRIAL PARK WOULD COMPLEMENT OTHER CURRENT OR 4,807
PLANNED ECONOMIC DEVELOPMENT PROGRAMS FOR THAT MUNICIPAL 4,808
CORPORATION, COUNTY, OR TOWNSHIP, INCLUDING, BUT NOT LIMITED TO, 4,809
WORKFORCE DEVELOPMENT INITIATIVES, BUSINESS RETENTION AND 4,810
EXPANSION EFFORTS, SMALL BUSINESS DEVELOPMENT PROGRAMS, AND 4,811
TECHNOLOGY MODERNIZATION PROGRAMS.
(C) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, 4,813
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF 4,814
THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY 4,815
OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE 4,816
PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL 4,817
INCLUDE THE TOTAL NUMBER OF GRANTS MADE THAT YEAR, AND, FOR EACH
INDIVIDUAL GRANT AWARDED, THE FOLLOWING: THE AMOUNT AND 4,818
116
RECIPIENT, THE ELIGIBLE APPLICANT, THE PURPOSE FOR AWARDING THE 4,819
GRANT, THE NUMBER OF FIRMS OR BUSINESSES OPERATING AT THE AWARDED 4,820
SITE, THE NUMBER OF EMPLOYEES EMPLOYED BY EACH FIRM OR BUSINESS, 4,821
ANY EXCESS CAPACITY AT AN INDUSTRIAL PARK SITE, AND ANY 4,822
ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,823
(D) INFORM LOCAL GOVERNMENTS AND OTHERS IN THE STATE OF 4,825
THE AVAILABILITY OF GRANTS UNDER SECTION 122.20 OF THE REVISED 4,826
CODE;
(E) ANNUALLY COMPILE, PURSUANT TO RULES ADOPTED BY THE 4,828
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH CHAPTER 119. OF THE 4,829
REVISED CODE, USING PERTINENT INFORMATION SUBMITTED BY ANY 4,830
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP, A LIST OF INDUSTRIAL
PARKS LOCATED IN THE STATE. THE LIST SHALL INCLUDE THE FOLLOWING 4,831
INFORMATION, EXPRESSED IF POSSIBLE IN TERMS SPECIFIED IN THE 4,832
DIRECTOR'S RULES ADOPTED UNDER THIS DIVISION: LOCATION OF EACH 4,833
INDUSTRIAL PARK SITE, TOTAL ACREAGE OF EACH PARK SITE, TOTAL 4,834
OCCUPANCY OF EACH PARK SITE, TOTAL CAPACITY FOR NEW BUSINESS AT 4,835
EACH PARK SITE, TOTAL CAPACITY OF EACH PARK SITE FOR SEWER, 4,836
WATER, AND ELECTRICITY, A CONTACT PERSON FOR EACH PARK SITE, AND 4,837
ANY ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,838
ONCE THE LIST IS COMPILED, THE DIRECTOR SHALL MAKE IT AVAILABLE 4,839
TO THE GOVERNOR, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF 4,840
REPRESENTATIVES, AND MINORITY LEADERS OF THE SENATE AND THE HOUSE 4,841
OF REPRESENTATIVES. 4,842
Sec. 122.22. (A) IN ORDER TO BE ELIGIBLE FOR A GRANT 4,844
UNDER SECTION 122.20 OF THE REVISED CODE, THE APPLICANT SHALL 4,845
DEMONSTRATE BOTH OF THE FOLLOWING TO THE DIRECTOR OF DEVELOPMENT: 4,846
(1) THAT THE APPLICANT IS PROPOSING TO CARRY OUT THE 4,848
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE IN AN 4,849
ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,850
DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) OF SECTION 122.21 OF 4,851
THE REVISED CODE;
(2) THE APPLICANT'S CAPACITY TO UNDERTAKE AND OVERSEE THE 4,853
PROJECT, AS EVIDENCED BY DOCUMENTATION OF THE APPLICANT'S PAST 4,854
117
PERFORMANCE IN ECONOMIC DEVELOPMENT PROJECTS. 4,855
(B) IN ORDER FOR AN APPLICANT TO BE ELIGIBLE FOR A GRANT 4,857
UNDER SECTION 122.20 OF THE REVISED CODE, THE GOVERNING BODY OF 4,858
THE ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,859
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH DIVISION (A) OF 4,860
SECTION 122.21 OF THE REVISED CODE SHALL, BY RESOLUTION OR 4,861
ORDINANCE, DO ALL OF THE FOLLOWING: 4,862
(1) DESIGNATE THE APPLICANT THAT WILL CARRY OUT THE 4,864
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE AND THAT 4,865
QUALIFIES AS ONE OF THE FIVE CATEGORIES OF ELIGIBLE APPLICANT 4,866
LISTED IN DIVISION (B) OF SECTION 122.19 OF THE REVISED CODE; 4,867
(2) SPECIFY THE ELIGIBLE AREA'S FINANCIAL PARTICIPATION IN 4,869
THE PROJECT; 4,870
(3) INCLUDE A MARKETING STRATEGY TO BE UTILIZED IN 4,872
ADMINISTERING THE PROJECT THAT INCLUDES DETAILS USED IN PAST 4,873
SUCCESSFUL PROJECTS; 4,874
(4) IDENTIFY A MANAGEMENT PLAN FOR THE PROJECT. 4,876
(C) A GOVERNING BODY MAY DESIGNATE THE POLITICAL 4,878
SUBDIVISION IT GOVERNS TO BE AN ELIGIBLE APPLICANT. 4,879
(D) IN ORDER TO BE ELIGIBLE FOR A GRANT UNDER SECTION 4,881
122.20 OF THE REVISED CODE FOR LAND ACQUISITION, INFRASTRUCTURE 4,882
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO 4,883
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,884
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,885
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,886
122.23 OF THE REVISED CODE, AN APPLICANT MUST BE APPROVED AS A 4,887
GRANT APPLICANT BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF 4,888
EACH COUNTY CONTAINING ANY AREA THAT HAS BEEN DESIGNATED AS AN
ELIGIBLE AREA BY THE DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) 4,889
OF SECTION 122.21 OF THE REVISED CODE AND WHOSE GOVERNING BODY 4,890
HAS DESIGNATED THE APPLICANT TO SEEK A GRANT FOR ANY OF THESE 4,891
PURPOSES ON BEHALF OF THE ELIGIBLE AREA. THE DIRECTOR SHALL 4,892
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 4,893
118
ESTABLISHING CRITERIA FOR THE LEGISLATIVE AUTHORITY TO USE IN 4,894
DETERMINING WHETHER TO APPROVE A QUALIFIED APPLICANT. 4,895
Sec. 122.71. As used in sections 122.71 to 122.83 of the 4,905
Revised Code:
(A) "Financial institution" means any banking corporation, 4,907
trust company, insurance company, savings and loan association, 4,908
building and loan association, or corporation, partnership, 4,909
federal lending agency, foundation, or other institution engaged 4,910
in lending or investing funds for industrial or business 4,911
purposes. 4,912
(B) "Project" means any real or personal property 4,914
connected with or being a part of an industrial, distribution, 4,915
commercial, or research facility to be acquired, constructed, 4,916
reconstructed, enlarged, improved, furnished, or equipped, or any 4,917
combination thereof, with the aid provided under sections 122.71 4,918
to 122.83 of the Revised Code, for industrial, commercial, 4,920
distribution, and research development of the state. 4,921
(C) "Mortgage" means the lien imposed on a project by a 4,923
mortgage on real property, or by financing statements on personal 4,924
property, or a combination of a mortgage and financing statements 4,925
when a project consists of both real and personal property. 4,926
(D) "Mortgagor" means the principal user of a project or 4,928
the person, corporation, partnership, or association 4,929
unconditionally guaranteeing performance by the principal user of 4,930
its obligations under the mortgage. 4,931
(E)(1) "Minority business enterprise" means an individual, 4,933
partnership, corporation, or joint venture of any kind that is 4,934
owned and controlled by United States citizens, WHO ARE residents 4,936
of Ohio THIS STATE OR NONRESIDENTS OF THIS STATE WHO HAVE A 4,937
SIGNIFICANT PRESENCE IN THIS STATE, AND who are members of one of 4,938
the following economically disadvantaged groups: Blacks, 4,940
American Indians, Hispanics, and Orientals. 4,941
(2) "Owned and controlled" means that at least fifty-one 4,943
per cent of the business, including corporate stock if a 4,944
119
corporation, is owned by persons who belong to one or more of the 4,945
groups set forth in division (E)(1) of this section, and that 4,946
such THOSE owners have control over the management and day-to-day 4,948
operations of the business and an interest in the capital, 4,949
assets, and profits and losses of the business proportionate to 4,950
their percentage of ownership. In order to qualify as a minority 4,951
business enterprise, a business shall have been owned and 4,952
controlled by such THOSE persons at least one year prior to being 4,954
awarded a contract pursuant to this section. 4,955
(F) "Community improvement corporation" means a 4,957
corporation organized under Chapter 1724. of the Revised Code. 4,958
(G) "Ohio development corporation" means a corporation 4,960
organized under Chapter 1726. of the Revised Code. 4,961
Sec. 122.75. THE DIRECTOR OF DEVELOPMENT SHALL, FOR THE 4,963
MINORITY BUSINESS DEVELOPMENT LOAN PROGRAM AND THE MINORITY 4,964
BUSINESS BONDING PROGRAM UNDER SECTIONS 122.87 TO 122.89 OF THE 4,966
REVISED CODE, DO ALL OF THE FOLLOWING:
(A) HIRE EMPLOYEES, CONSULTANTS, AND AGENTS AND FIX THEIR 4,968
COMPENSATION; 4,969
(B) ADOPT BYLAWS AND RULES FOR THE REGULATION OF THE 4,971
BUSINESS OF THE MINORITY DEVELOPMENT FINANCING ADVISORY BOARD; 4,972
(C) RECEIVE AND ACCEPT GRANTS, GIFTS, AND CONTRIBUTIONS OF 4,974
MONEY, PROPERTY, LABOR, AND OTHER THINGS OF VALUE, TO BE HELD, 4,975
USED, AND APPLIED ONLY FOR THE PURPOSE FOR WHICH THE GRANTS, 4,976
GIFTS, AND CONTRIBUTIONS ARE MADE, FROM INDIVIDUALS, PRIVATE AND 4,977
PUBLIC CORPORATIONS, THE UNITED STATES OR ANY AGENCY OF THE 4,979
UNITED STATES, THE STATE OR ANY AGENCY OF THE STATE, AND ANY 4,981
POLITICAL SUBDIVISION OF THE STATE. THE DIRECTOR MAY AGREE TO 4,982
REPAY ANY CONTRIBUTION OF MONEY OR TO RETURN ANY PROPERTY 4,984
CONTRIBUTED OR ITS VALUE AT SUCH TIMES, IN SUCH AMOUNTS, AND ON 4,985
SUCH TERMS AND CONDITIONS, EXCLUDING THE PAYMENT OF INTEREST, AS 4,986
THE DIRECTOR DETERMINES AT THE TIME THE CONTRIBUTION IS MADE. 4,987
THE DIRECTOR MAY EVIDENCE THE OBLIGATIONS BY WRITTEN CONTRACTS, 4,988
SUBJECT TO SECTION 122.76 OF THE REVISED CODE; PROVIDED, THAT THE 4,989
120
DIRECTOR SHALL NOT THEREBY INCUR INDEBTEDNESS OF OR IMPOSE 4,990
LIABILITY UPON THE STATE OR ANY POLITICAL SUBDIVISION. 4,991
(D) ESTABLISH FUNDS WITH THE TREASURER OF STATE IN 4,993
ADDITION TO THE MINORITY BUSINESS BONDING FUND CREATED UNDER 4,994
SECTION 122.88 OF THE REVISED CODE; 4,995
(E) INVEST MONEY IN THE FUNDS THE DIRECTOR ESTABLISHES 4,997
PURSUANT TO DIVISION (D) OF THIS SECTION THAT IS IN EXCESS OF 4,999
CURRENT NEEDS, IN NOTES, BONDS, OR OTHER OBLIGATIONS THAT ARE 5,000
DIRECT OBLIGATIONS OF OR ARE GUARANTEED BY THE UNITED STATES, OR 5,001
IN CERTIFICATES OF DEPOSIT OR WITHDRAWABLE ACCOUNTS OF BANKS, 5,003
TRUST COMPANIES, AND SAVINGS AND LOAN ASSOCIATIONS ORGANIZED 5,004
UNDER THE LAWS OF THIS STATE OR THE UNITED STATES, AND MAY CREDIT 5,006
THE INCOME OR SELL THE INVESTMENTS AT THE DIRECTOR'S DISCRETION; 5,008
(F) ACQUIRE ANY PROPERTY OF ANY KIND OR CHARACTER IN 5,010
ACCORDANCE WITH SECTIONS 122.71 TO 122.83 OF THE REVISED CODE, BY 5,012
PURCHASE, PURCHASE AT FORECLOSURE, OR EXCHANGE ON TERMS AND IN A 5,013
MANNER THE DIRECTOR CONSIDERS PROPER; 5,014
(G)(1) MAINTAIN, PROTECT, REPAIR, IMPROVE, AND INSURE ANY 5,017
PROPERTY THE DIRECTOR HAS ACQUIRED AND DISPOSE OF IT BY SALE, 5,018
EXCHANGE, OR LEASE FOR THE CONSIDERATION AND ON TERMS AND IN A 5,020
MANNER THE DIRECTOR CONSIDERS PROPER. THE DIRECTOR MAY NOT 5,021
OPERATE ANY PROPERTY AS A BUSINESS EXCEPT AS A LESSOR OF THE 5,022
PROPERTY. WHEN THE COST OF ANY CONTRACT FOR THE MAINTENANCE, 5,023
PROTECTION, REPAIR, OR IMPROVEMENT OF ANY PROPERTY OF THE 5,024
ADVISORY BOARD CONNECTED WITH THE MINORITY BUSINESS DEVELOPMENT 5,025
LOAN PROGRAM, OTHER THAN COMPENSATION FOR PERSONAL SERVICES, 5,026
INVOLVES AN EXPENDITURE OF MORE THAN ONE THOUSAND DOLLARS, THE 5,027
DIRECTOR SHALL ENTER INTO A WRITTEN CONTRACT WITH THE LOWEST AND 5,028
BEST BIDDER AFTER ADVERTISEMENT FOR NOT LESS THAN FOUR 5,029
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 5,030
COUNTY WHERE THE CONTRACT, OR SOME SUBSTANTIAL PART OF IT, IS TO 5,031
BE PERFORMED, AND IN OTHER PUBLICATIONS AS THE DIRECTOR 5,032
DETERMINES. THE NOTICE SHALL STATE THE GENERAL CHARACTER OF THE 5,033
WORK AND THE GENERAL CHARACTER OF THE MATERIALS TO BE FURNISHED, 5,034
121
THE PLACE WHERE PLANS AND SPECIFICATIONS FOR THE WORK AND 5,035
MATERIALS MAY BE EXAMINED, AND THE TIME AND PLACE OF RECEIVING 5,037
BIDS.
(2) EACH BID FOR A CONTRACT FOR THE CONSTRUCTION, 5,039
DEMOLITION, ALTERATION, REPAIR, OR RECONSTRUCTION OF AN 5,040
IMPROVEMENT SHALL CONTAIN THE FULL NAME OF EVERY PERSON 5,041
INTERESTED IN IT AND MEET THE REQUIREMENTS OF SECTION 153.54 OF 5,042
THE REVISED CODE. 5,043
(3) EACH BID FOR A CONTRACT, EXCEPT AS PROVIDED IN 5,045
DIVISION (G)(2) OF THIS SECTION, SHALL CONTAIN THE FULL NAME OF 5,047
EVERY PERSON INTERESTED IN IT AND SHALL BE ACCOMPANIED BY A BOND 5,048
OR CERTIFIED CHECK ON A SOLVENT BANK, IN THE AMOUNT OF TEN PER 5,049
CENT OF THE BID, THAT IF THE BID IS ACCEPTED A CONTRACT WILL BE 5,050
ENTERED INTO AND THE PERFORMANCE OF ITS PROPOSAL SECURED. THE 5,051
DIRECTOR MAY REJECT ANY OR ALL BIDS. A BOND WITH GOOD AND 5,052
SUFFICIENT SURETY, APPROVED BY THE DIRECTOR, SHALL BE REQUIRED OF 5,053
ALL CONTRACTORS IN AN AMOUNT EQUAL TO AT LEAST ONE HUNDRED PER 5,054
CENT OF THE CONTRACT PRICE, CONDITIONED UPON FAITHFUL PERFORMANCE 5,055
OF THE CONTRACT. 5,056
(H) EXPEND MONEY APPROPRIATED TO THE DEPARTMENT OF 5,058
DEVELOPMENT BY THE GENERAL ASSEMBLY FOR THE PURPOSES OF SECTIONS 5,059
122.71 TO 122.83 AND 122.87 TO 122.89 OF THE REVISED CODE; 5,060
(I) DO ALL ACTS AND THINGS NECESSARY OR PROPER TO CARRY 5,062
OUT THE POWERS EXPRESSLY GRANTED AND THE DUTIES IMPOSED IN 5,063
SECTIONS 122.71 TO 122.83 AND 122.87 TO 122.89 OF THE REVISED 5,065
CODE.
Sec. 122.75 122.751. The minority development financing 5,074
advisory board shall only consider an application for a loan from 5,076
any applicant after a certification by the equal employment 5,077
opportunity coordinator of the department of administrative 5,078
services under division (B)(1) of section 123.151 of the Revised 5,079
Code that the applicant is a minority business enterprise and
that the applicant satisfies all criteria regarding eligibility 5,080
for assistance pursuant to section 122.76 of the Revised Code. 5,081
122
Sec. 122.92. There is hereby created in the department of 5,090
development a minority business development division. The 5,091
division shall DO ALL OF THE FOLLOWING: 5,092
(A) Provide technical, managerial, and counseling services 5,094
and assistance to minority business enterprises; 5,095
(B) Provide procurement and bid packaging assistance to 5,097
minority business enterprises; 5,098
(C) Provide bonding technical assistance to minority 5,100
business enterprises; 5,101
(D) Participate with other state departments and agencies 5,103
as appropriate in developing specific plans and specific program 5,104
goals for programs to assist in the establishment and development 5,105
of minority business enterprises and establish regular 5,106
performance monitoring and reporting systems to ensure that those 5,107
goals are being achieved; 5,108
(E) Implement state law and policy supporting minority 5,110
business enterprise development, and assist in the coordination 5,111
of plans, programs, and operations of state government which 5,112
affect or may contribute to the establishment, preservation, and 5,113
strengthening of minority business enterprises; 5,114
(F) Assist in the coordination of activities and resources 5,116
of state agencies and local governments, business and trade 5,117
associations, universities, foundations, professional 5,118
organizations, and volunteer and other groups, to promote the 5,119
growth of minority business enterprises; 5,120
(G) Establish a center for the development, collection, 5,122
and dissemination of information that will be helpful to persons 5,123
in establishing or expanding minority business enterprises in 5,124
Ohio THIS STATE; 5,125
(H) Design, implement, and assist in experimental and 5,127
demonstration projects designed to overcome the special problems 5,128
of minority business enterprises; 5,129
(I) Coordinate reviews of all proposed state training and 5,131
technical assistance activities in direct support of minority 5,132
123
business enterprise programs to ensure consistency with program 5,133
goals and to preclude duplication of efforts by other state 5,134
agencies; 5,135
(J) Recommend appropriate legislative or executive actions 5,137
to enhance minority business opportunities in the state; 5,138
(K) Assist minority business enterprises in obtaining 5,140
governmental or commercial financing for business expansion, 5,141
establishment of new businesses, or industrial development 5,142
projects; 5,143
(L) Assist minority business enterprises in contract 5,145
procurement from government and commercial sources; 5,146
(M) Establish procedures to identify groups who have been 5,148
disadvantaged because of racial, cultural, or ethnic 5,149
circumstances without regard to the individual qualities of the 5,150
members of the group; 5,151
(N) Establish procedures to identify persons who have been 5,153
economically disadvantaged; 5,154
(O) Accept and review applications for loans pursuant to 5,156
sections 122.71 to 122.83 of the Revised Code received to 5,157
determine whether the applicants are minority business 5,158
enterprises and whether the applicants have satisfied all other 5,159
rules of the director of development and the minority financing 5,161
commission regarding eligibility. The division shall transmit 5,162
its findings to the minority development financing commission for 5,164
that commission's review of the loan application and 5,165
recommendations to the director of development. 5,166
(P) Do all acts and things necessary or proper to carry 5,168
out the powers expressly granted and duties imposed by sections 5,169
122.92 to 122.94 of the Revised Code. 5,170
Sec. 124.04. In addition to those powers enumerated in 5,179
Chapters 123. and 125. of the Revised Code and as provided 5,180
elsewhere by law, the powers, duties, and functions of the 5,181
department of administrative services not specifically vested in 5,182
and assigned to, or to be performed by, the state personnel board 5,183
124
of review are hereby vested in and assigned to, and shall be 5,184
performed by, the director of administrative services. These 5,186
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 5,187
(A) To prepare, conduct, and grade all competitive 5,189
examinations for positions in the classified state service; 5,190
(B) To prepare, conduct, and grade all noncompetitive 5,192
examinations for positions in the classified state service; 5,193
(C) To prepare eligible lists containing the names of 5,195
persons qualified for appointment to positions in the classified 5,196
state service; 5,197
(D) To prepare or amend, in accordance with section 124.14 5,199
of the Revised Code, specifications descriptive of duties, 5,200
responsibilities, requirements, and desirable qualifications of 5,201
the various classifications of positions in the state service; 5,202
(E) To allocate and reallocate, upon the motion of the 5,205
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 5,206
office, or employment in the state service to the appropriate 5,207
classification on the basis of the duties, responsibilities, 5,208
requirements, and qualifications of such position, office, or 5,209
employment;
(F) To develop and conduct personnel recruitment services 5,211
for positions in the state service; 5,212
(G) To conduct research on specifications, 5,214
classifications, and salaries of positions in the state service; 5,215
(H) To develop and conduct personnel training programs in 5,217
cooperation with appointing authorities; 5,218
(I) To enter into agreements with universities and 5,220
colleges for in-service training of personnel in the state CIVIL 5,222
service; 5,223
(J) To appoint such examiners, inspectors, clerks, and 5,225
other assistants as are necessary in the exercise of the powers 5,226
and performance of the duties and functions which the director is 5,227
125
by law authorized and required to exercise and perform and to 5,228
prescribe the duties of all such employees; 5,229
(K) To maintain a journal, which shall be open to public 5,231
inspection, in which the director shall keep a record of the 5,233
director's final decision pertaining to the classification or 5,234
reclassification of positions in the state classified service and 5,235
assignment or reassignment of employees in the state classified 5,236
service to specific position classifications; 5,237
(L) To delegate any of the powers, functions, or duties 5,239
granted or assigned to the director under this chapter to any 5,240
other state agency of this state as the director considers 5,241
necessary; 5,242
(M) To delegate any of the powers, functions, or duties 5,244
granted or assigned to the director under this chapter to any 5,245
political subdivision with the concurrence of the legislative 5,246
authority of the political subdivision. 5,247
Sec. 124.07. The director of administrative services shall 5,256
appoint such examiners, inspectors, clerks, and other assistants 5,257
as are necessary to carry out sections 124.01 to 124.64 of the 5,258
Revised Code. The director may designate persons in or out of 5,259
the official service of the state to serve as examiners or 5,260
assistants under his THE DIRECTOR'S direction. An examiner or 5,261
assistant shall receive such compensation for each day actually 5,263
and necessarily spent in the discharge of his duties as AN 5,264
examiner or assistant as is determined by the director; provided, 5,266
that if any such examiner or assistant is in the official service 5,267
of the state, or any political subdivision thereof OF THE STATE, 5,268
it shall be a part of his THE EXAMINER'S OR ASSISTANT'S official 5,270
duties to render such services in connection with such 5,271
examination without extra compensation.
Each state agency and state-supported college and 5,273
university shall pay the cost of the services and facilities 5,274
furnished to it by the department of administrative services that 5,275
are necessary to provide and maintain payroll services as 5,276
126
prescribed in section 125.21 of the Revised Code and state merit 5,277
standards as prescribed in sections 124.01 to 124.64 of the 5,278
Revised Code for the agency, college, or university. If a 5,279
municipal corporation chooses to use the services and facilities 5,280
furnished by the department that are necessary to provide and 5,281
maintain the standards so prescribed, the municipal corporation 5,282
shall pay the cost of the services and facilities that the 5,283
department furnishes to it. Such charges against a state agency, 5,284
state college or university, or municipal corporation shall be 5,285
computed on a reasonable cost basis in accordance with procedures 5,286
prescribed by the director of budget and management. Any moneys 5,287
the department of administrative services receives from any such 5,288
state agency, college, university, or municipal corporation which 5,289
are in excess of the amount necessary to pay the cost of 5,290
furnishing such services and facilities during any fiscal year 5,291
shall be either refunded to or credited for the ensuing fiscal 5,292
year to the state agency, college, university, or municipal 5,293
corporation that contributed the excess moneys. 5,294
The director of administrative services may enter into an 5,296
agreement with any municipal corporation or other political 5,297
subdivision to furnish services and facilities of the department 5,298
of administrative services in the administration of its merit 5,299
program. Such agreement shall provide that the department of 5,300
administrative services shall be reimbursed for the reasonable 5,301
costs of such services and facilities as determined by the 5,302
director of administrative services. 5,303
All moneys received by the department of administrative 5,305
services as reimbursement for payroll and merit program services 5,306
performed and facilities furnished shall be paid into the state 5,307
treasury to the credit of the personnel HUMAN RESOURCES services 5,308
fund, which is hereby created. 5,310
In counties of the state in which are located cities having 5,312
municipal civil service commissions, the director may designate 5,313
the municipal civil service commission of the largest city within 5,314
127
such county as his THE DIRECTOR'S agent for the purpose of 5,315
carrying out such provisions of sections 124.01 to 124.64 of the 5,317
Revised Code, within such counties, as the director designates. 5,318
Each municipal civil service commission designated as agent of 5,319
the director shall, at the end of each month, render an itemized 5,320
statement to the director of the cost incurred by such commission 5,321
for work done as agent of the director, and the director shall, 5,322
after approving such statement, pay the total amount thereof OF 5,323
IT to the treasurer of such municipal corporation in the same 5,325
manner as other expenses of the department of administrative 5,326
services.
The director, examiners, inspectors, clerks, and assistants 5,328
shall, in addition to their salaries, receive reimbursement for 5,329
such necessary traveling and other expenses as are incurred in 5,330
the actual discharge of their official duties. The director may 5,331
also incur the necessary expenses for stationery, printing, and 5,332
other supplies incident to the business of the department of 5,333
administrative services. 5,334
Sec. 124.181. (A) Except as provided in division (M) of 5,343
this section, any employee paid under schedule B of section 5,345
124.15 or under schedule E-1 of section 124.152 of the Revised 5,346
Code is eligible for the pay supplements provided herein IN THIS 5,347
SECTION upon application by the appointing authority 5,348
substantiating the employee's qualifications for the supplement 5,349
and with the approval of the director of administrative services 5,350
except as provided in division (E) of this section. 5,351
(B) In computing any of the pay supplements provided in 5,353
this section, the classification salary base shall be the minimum 5,354
hourly rate of the pay range, provided in section 124.15 or 5,355
124.152 of the Revised Code, in which the employee is assigned at 5,356
the time of computation. 5,357
(C) The effective date of any pay supplement, unless 5,359
otherwise provided herein IN THIS SECTION, shall be determined by 5,361
the director. 5,362
128
(D) The director shall, by rule, establish standards 5,364
regarding the administration of this section. 5,365
(E) Except as otherwise provided in this division, 5,367
beginning on the first day of the pay period within which the 5,368
employee completes five years of total service with the state 5,369
government or any of its political subdivisions, each employee in 5,370
positions paid under salary schedule B of section 124.15 or under 5,373
salary schedule E-1 of section 124.152 of the Revised Code shall 5,374
receive an automatic salary adjustment equivalent to two and 5,375
one-half per cent of the classification salary base, to the 5,376
nearest whole cent. Each employee shall receive thereafter an 5,377
annual adjustment equivalent to one-half of one per cent of the 5,378
employee's classification salary base, to the nearest whole cent, 5,379
for each additional year of qualified employment until a maximum 5,380
of ten per cent of the employee's classification salary base is 5,381
reached. The granting of longevity adjustments shall not be 5,382
affected by promotion, demotion, or other changes in 5,383
classification held by the employee, nor by any change in pay 5,384
range for the employee's class. Longevity pay adjustments shall 5,386
become effective at the beginning of the pay period within which 5,387
the employee completes the necessary length of service, except 5,389
that when an employee requests credit for prior service, the 5,390
effective date of the prior service credit and of any longevity 5,391
adjustment shall be the first day of the pay period following 5,392
approval of the credit by the director of administrative 5,393
services. No employee, other than an employee who submits proof 5,394
of prior service within ninety days after the date of the 5,395
employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service 5,396
credit. Time spent on authorized leave of absence shall be 5,397
counted for this purpose. 5,398
An employee who has retired in accordance with the 5,400
provisions of any retirement system offered by the state and who 5,401
is employed by the state or any political subdivision of the 5,402
129
state on or after June 24, 1987, shall not have prior service 5,403
with the state or any political subdivision of the state counted 5,404
for the purpose of determining the amount of the salary 5,405
adjustment provided under this division. 5,406
(F) When an exceptional condition exists that creates a 5,408
temporary or a permanent hazard for one or more positions in a 5,409
class paid under schedule B of section 124.15 or under salary 5,411
schedule E-1 of section 124.152 of the Revised Code, a special 5,413
hazard salary adjustment may be granted for the time the employee 5,414
is subjected to the hazardous condition. All special hazard 5,415
conditions shall be identified for each position and incidence 5,416
from information submitted to the director on an appropriate form 5,417
provided by the director and categorized into standard conditions 5,418
of: some unusual hazard not common to the class; considerable 5,419
unusual hazard not common to the class; and exceptional hazard 5,420
not common to the class.
(1) A hazardous salary adjustment of five per cent of the 5,422
employee's classification salary base may be applied in the case 5,423
of some unusual hazardous condition not common to the class for 5,424
those hours worked, or a fraction thereof, while the employee was 5,425
subject to the unusual hazard condition. 5,426
(2) A hazardous salary adjustment of seven and one-half 5,428
per cent of the employee's classification salary base may be 5,429
applied in the case of some considerable hazardous condition not 5,430
common to the class for those hours worked, or a fraction 5,431
thereof, while the employee was subject to the considerable 5,432
hazard condition. 5,433
(3) A hazardous salary adjustment of ten per cent of the 5,435
employee's classification salary base may be applied in the case 5,436
of some exceptional hazardous condition not common to the class 5,437
for those hours WORKED, or a fraction thereof, when the employee 5,438
was subject to the exceptional hazard condition. 5,439
(4) Each claim for temporary hazard pay shall be submitted 5,441
as a separate payment and shall be subject to an administrative 5,442
130
audit by the director as to the extent and duration of the 5,443
employee's exposure to the hazardous condition. 5,444
(G) When a full-time employee whose salary or wage is paid 5,446
directly by warrant of the auditor of state and who also is 5,447
eligible for overtime under the "Fair Labor Standards Act of 5,449
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is 5,450
ordered by the appointing authority to report back to work after 5,451
termination of the employee's regular work schedule and the 5,452
employee reports, the employee shall be paid for such time. The 5,454
employee shall be entitled to four hours at the employee's total 5,455
rate of pay or overtime compensation for the actual hours worked, 5,456
whichever is greater. This division does not apply to work that 5,458
is a continuation of or immediately preceding an employee's 5,459
regular work schedule.
(H) When a certain position or positions paid under 5,461
schedule B of section 124.15 or under salary schedule E-1 of 5,463
section 124.152 of the Revised Code require the ability to speak 5,464
or write a language other than English, a special pay supplement 5,465
may be granted to attract bilingual individuals, to encourage 5,466
present employees to become proficient in other languages, or to 5,467
retain qualified bilingual employees. The bilingual pay 5,468
supplement provided herein IN THIS DIVISION may be granted in the 5,469
amount of five per cent of the employee's classification salary 5,471
base for each required foreign language and shall remain in 5,472
effect as long as the bilingual requirement exists. 5,473
(I) The director may establish a shift differential for 5,475
employees. Such differential shall be paid to employees in 5,476
positions working in other than the regular or first shift. In 5,477
those divisions or agencies where only one shift prevails, no 5,478
shift differential shall be paid regardless of the hours of the 5,479
day that are worked. The director and the appointing authority 5,480
shall designate which positions shall be covered by this section 5,481
DIVISION. 5,482
(J) Whenever an employee is assigned to work in a higher 5,484
131
level position for a continuous period of more than two weeks but 5,485
no more than two years because of a vacancy, the employee's pay 5,487
may be established at a rate that is approximately four per cent 5,488
above the employee's current base rate for the period the
employee occupies the position, provided that this temporary 5,489
occupancy is approved by the director. Employees paid under this 5,492
provision DIVISION shall continue to receive any of the pay 5,494
supplements due them under provisions OTHER DIVISIONS of this 5,496
section based on the step one base rate for their normal
classification. 5,497
(K) If a certain position, or positions, within a class 5,499
paid under schedule B of section 124.15 or under salary schedule 5,501
E-1 of section 124.152 of the Revised Code are mandated by state 5,502
or federal law or regulation or other regulatory agency or other 5,503
certification authority to have special technical certification, 5,504
registration, or licensing to perform the functions which are 5,505
under the mandate, a special professional achievement pay 5,506
supplement may be granted. This special professional achievement 5,507
pay supplement shall not be granted when all incumbents in all 5,508
positions in a class require license as provided in the 5,509
classification description published by the department of 5,510
administrative services; to licensees where no special or 5,511
extensive training is required; when certification is granted 5,512
upon completion of a stipulated term of in-service training; when 5,513
an appointing authority has required certification; or any other 5,514
condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to 5,516
the requirement must be provided by the agency for each position 5,517
involved, and certification MUST BE received from the director as 5,519
to the director's concurrence for each of the positions so 5,520
affected.
(2) The professional achievement pay supplement provided 5,522
herein IN THIS DIVISION shall be granted in an amount up to ten 5,523
per cent of the employee's classification salary base and shall 5,525
132
remain in effect as long as the mandate exists. 5,526
(L) Those employees assigned to teaching supervisory, 5,528
principal, assistant principal, or superintendent positions who 5,529
have attained a higher educational level than a basic bachelor's 5,530
degree may receive an educational pay supplement to remain in 5,531
effect as long as the employee's assignment and classification 5,532
remain the same. 5,533
(1) An educational pay supplement of two and one-half per 5,535
cent of the employee's classification salary base may be applied 5,536
upon the achievement of a bachelor's degree plus twenty quarter 5,537
hours of postgraduate work. 5,538
(2) An educational pay supplement of an additional five 5,540
per cent of the employee's classification salary base may be 5,541
applied upon achievement of a master's degree. 5,542
(3) An educational pay supplement of an additional two and 5,544
one-half per cent of the employee's classification salary base 5,545
may be applied upon achievement of a master's degree plus thirty 5,546
quarter hours of postgraduate work. 5,547
(4) An educational pay supplement of five per cent of the 5,549
employee's classification salary base may be applied when the 5,550
employee is performing as a master teacher. 5,551
(5) An educational pay supplement of five per cent of the 5,553
employee's classification salary base may be applied when the 5,554
employee is performing as a special education teacher. 5,555
(6) Those employees in teaching supervisory, principal, 5,557
assistant principal, or superintendent positions who are 5,558
responsible for specific extracurricular activity programs shall 5,559
receive overtime pay for those hours worked in excess of their 5,560
normal schedule, at their straight time hourly rate up to a 5,561
maximum of five per cent of their regular base salary in any 5,562
calendar year. 5,563
(M)(1) A state agency, board, or commission may establish 5,565
a supplementary compensation schedule for those licensed 5,566
physicians employed by the agency, board, or commission in 5,567
133
positions requiring a licensed physician. The supplementary 5,568
compensation schedule, together with the compensation otherwise 5,569
authorized by this chapter, shall provide for the total 5,570
compensation for these employees to range appropriately, but not 5,571
necessarily uniformly, for each classification title requiring a 5,572
licensed physician, in accordance with a schedule approved by the 5,573
state controlling board. The individual salary levels 5,574
recommended for each such physician employed shall be approved by 5,575
the director. Notwithstanding section 124.11 of the Revised 5,576
Code, such personnel are in the unclassified civil service. 5,577
(2) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY APPROVE 5,579
SUPPLEMENTARY COMPENSATION FOR THE DIRECTOR OF HEALTH, IF THE 5,580
DIRECTOR IS A LICENSED PHYSICIAN, IN ACCORDANCE WITH A 5,581
SUPPLEMENTARY COMPENSATION SCHEDULE APPROVED UNDER DIVISION 5,582
(M)(1) OF THIS SECTION OR IN ACCORDANCE WITH ANOTHER 5,583
SUPPLEMENTARY COMPENSATION SCHEDULE THE DIRECTOR OF
ADMINISTRATIVE SERVICES CONSIDERS APPROPRIATE. THE 5,584
SUPPLEMENTARY COMPENSATION SHALL NOT EXCEED TWENTY PER CENT OF 5,585
THE DIRECTOR OF HEALTH'S BASE RATE OF PAY.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 5,587
117.36, 117.42, and 131.02 of the Revised Code, the state shall 5,589
not institute any civil action to recover and shall not seek 5,590
reimbursement for overpayments made in violation of division (E) 5,591
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 5,592
October 31, 1993. 5,593
(O) Employees of the office of the treasurer of state who 5,595
are exempt from collective bargaining coverage may be granted a 5,596
merit pay supplement of up to one and one-half per cent of their 5,597
step rate. The rate at which this supplement is granted shall be 5,598
based on performance standards established by the treasurer of 5,599
state. Any supplements granted under this division shall be 5,600
administered on an annual basis.
Sec. 125.023. During the period of an emergency as defined 5,609
134
in section 5502.21 of the Revised Code, the department of 5,610
administrative services may suspend, with regard to the emergency 5,611
management agency established in section 5502.22 of the Revised 5,612
Code or any other state agency participating in recovery 5,613
activities as defined in section 5502.21 of the Revised Code, the 5,614
purchasing and contracting requirements contained in sections 5,616
125.02 to 125.111 of the Revised Code and any of the requirements 5,617
of Chapter 153. of the Revised Code that otherwise would apply to 5,618
the agency. The director of public safety or the deputy 5,619
EXECUTIVE director of the emergency management agency shall make 5,621
the request for the suspension of these requirements to the
department of administrative services concurrently with the 5,623
request to the governor or the president of the United States for 5,624
the declaration of an emergency. The governor also shall include 5,625
in any proclamation the governor issues declaring an emergency 5,626
language requesting the suspension of those requirements during 5,627
the period of the emergency. 5,628
Sec. 125.111. (A) Every contract for or on behalf of the 5,637
state or any of its political subdivisions for any purchase shall 5,638
contain provisions similar to those required by section 153.59 of 5,639
the Revised Code in the case of construction contracts by which 5,640
the contractor agrees to both of the following: 5,641
(1) That, in the hiring of employees for the performance 5,643
of work under the contract or any subcontract, no contractor or 5,644
subcontractor shall, by reason of race, color, religion, sex, 5,645
age, handicap, national origin, or ancestry, discriminate against 5,646
any citizen of this state in the employment of a person qualified 5,647
and available to perform the work to which the contract relates; 5,648
(2) That no contractor, subcontractor, or any person 5,650
acting on behalf of any contractor or subcontractor shall, in any 5,651
manner, discriminate against, intimidate, or retaliate against 5,652
any employee hired for the performance of work under the contract 5,653
on account of race, color, religion, sex, age, handicap, national 5,654
origin, or ancestry. 5,655
135
(B) All contractors from whom the state or any of its 5,657
political subdivisions make purchases shall have a written 5,658
affirmative action program for the employment and effective 5,659
utilization of economically disadvantaged persons, as defined 5,660
REFERRED TO in DIVISION (E)(1) OF section 122.71 of the Revised 5,662
Code. Annually, each such contractor shall file a description of 5,664
the affirmative action program and a progress report on its 5,665
implementation with the Ohio civil rights commission and the 5,667
minority business development office established under section 5,668
122.92 of the Revised Code EQUAL EMPLOYMENT OPPORTUNITY OFFICE OF 5,669
THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 5,670
Sec. 125.15. All state agencies required to secure any 5,680
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 5,681
make acquisition in the manner and upon forms prescribed by the 5,682
director of administrative services and shall reimburse the 5,683
department for the equipment, materials, supplies, services, or 5,684
contracts of insurance, including a reasonable sum to cover the 5,685
department's administrative costs, wherever WHENEVER 5,686
reimbursement is required by the department. The money so paid 5,687
shall be deposited in the state treasury to the credit of the 5,688
general services fund, computer services fund, or 5,690
telecommunication THE INFORMATION TECHNOLOGY fund, as 5,691
appropriate. Such funds are hereby created. 5,692
Sec. 125.28. Each state agency that is supported in whole 5,701
or in part by nongeneral revenue fund money and that occupies 5,702
space in the James A. Rhodes or Frank J. Lausche state office 5,703
tower, Toledo government center, Senator Oliver R. Ocasek 5,704
government office building, Vern Riffe center for government and 5,705
the arts, state of Ohio computer center, capitol square, or 5,706
governor's mansion shall reimburse the general revenue fund for 5,707
the cost of occupying such THE space in the ratio that the 5,708
occupied space in each facility attributable to such money bears 5,710
to the total space occupied by the state agency in the facility. 5,711
136
All agencies that occupy space in the old blind school, OR 5,714
the Ohio departments building, or THAT OCCUPY WAREHOUSE SPACE IN 5,715
the general services facility shall reimburse the department for 5,717
the cost of occupying such THE space. The director of 5,719
administrative services shall determine the amount of debt 5,720
service, if any, to be charged to building tenants and shall 5,721
collect reimbursements therefor FOR IT. 5,722
Each agency that is supported in whole or in part by 5,724
nongeneral revenue fund money and that occupies space in any 5,725
other facility or facilities owned and maintained by the 5,726
department of administrative services OR SPACE IN THE GENERAL 5,727
SERVICES FACILITY OTHER THAN WAREHOUSE SPACE shall reimburse the 5,728
department for the cost of occupying such THE space, including 5,729
debt service, if any, in the ratio that the occupied space in 5,731
each facility attributable to such money bears to the total space 5,732
occupied by the state agency in the facility. 5,733
The director of administrative services may provide 5,735
building maintenance services AND SKILLED TRADES SERVICES to any 5,736
state agency occupying space in a facility THAT IS not owned by 5,738
the department of administrative services and MAY collect 5,739
reimbursements for the cost of providing such services. 5,740
All money collected by the department for operating 5,743
expenses of facilities owned or maintained by the department 5,744
shall be deposited into the state treasury to the credit of the 5,745
facilities BUILDING management fund, which is hereby created. 5,747
ALL MONEY COLLECTED BY THE DEPARTMENT FOR SKILLED TRADES SERVICES 5,748
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE
SKILLED TRADES FUND, WHICH IS HEREBY CREATED. All money 5,749
collected for debt service shall be deposited into the general 5,751
revenue fund.
The director of administrative services shall determine the 5,753
reimbursable cost of space in state-owned or state-leased 5,755
facilities and shall collect reimbursements therefor FOR THAT 5,756
COST.
137
Sec. 126.12. (A) The office of budget and management 5,765
shall prepare and administer a statewide indirect cost allocation 5,767
plan that provides for the recovery of statewide indirect costs 5,768
from any fund of the state. The director of budget and 5,769
management may make transfers of statewide indirect costs from 5,770
the appropriate fund of the state to the general revenue fund on 5,771
an intrastate transfer voucher. The director, for reasons of 5,772
sound financial management, also may waive the recovery of 5,773
statewide indirect costs. Prior to making a transfer in 5,774
accordance with this division, the director shall notify the 5,775
affected agency of the amounts to be transferred. 5,776
(B) As used in this section, "statewide indirect costs" 5,778
means operating costs incurred by an agency in providing services 5,779
to any other agency, for which there was no billing to such other 5,780
agency for the services provided, and for which disbursements 5,781
have been made from the general revenue fund. 5,782
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 5,784
IN ORDER TO REDUCE THE PAYMENT OF ADJUSTMENTS TO THE FEDERAL 5,785
GOVERNMENT AS DETERMINED UNDER THE PLAN PREPARED UNDER DIVISION 5,786
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL, 5,787
ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH FISCAL YEAR, 5,788
DESIGNATE SUCH FUNDS OF THE STATE AS THE DIRECTOR CONSIDERS 5,789
NECESSARY TO RETAIN THEIR OWN INTEREST EARNINGS. 5,790
Sec. 126.21. (A) The director of budget and management 5,799
shall do all of the following: 5,801
(A)(1) Keep all necessary accounting records; 5,803
(B)(2) Prescribe and maintain the accounting system of the 5,805
state and establish appropriate accounting procedures and charts 5,806
of accounts; 5,807
(C)(3) Establish procedures for the use of written, 5,809
electronic, optical, or other communications media for approving 5,811
payment vouchers;
(D)(4) Reconcile, in the case of any variation between the 5,813
amount of any appropriation and the aggregate amount of items 5,814
138
thereof OF THE APPROPRIATION, with the advice and assistance of 5,815
the state agency affected thereby BY IT and the legislative 5,817
budget office of the legislative service commission, totals so as 5,818
to correspond in the aggregate with the total appropriation. In 5,819
the case of a conflict between the item and the total of which it 5,820
is a part, the item shall be considered the intended 5,821
appropriation.
(E)(5) Evaluate on an ongoing basis and, if necessary, 5,823
recommend improvements to the internal controls used in state 5,824
agencies; 5,825
(F)(6) Authorize the establishment of petty cash accounts. 5,828
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to 5,829
return to the state treasury any unexpended balance shown by the 5,831
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 5,833
expenditures of such THE petty cash and shall report when 5,834
requested the balance of petty cash on hand at any time. 5,836
(G)(7) Process orders, invoices, vouchers, claims, and 5,838
payrolls and prepare financial reports and statements; 5,839
(H)(8) Perform such extensions, reviews, and compliance 5,842
checks prior to approving a payment as the director considers 5,843
necessary; 5,844
(I)(9) Issue the official comprehensive annual financial 5,846
report of the state. The report shall cover all funds and 5,847
account groups of the state reporting entity and shall include 5,848
general purpose financial statements prepared in accordance with 5,849
generally accepted accounting principles and such other 5,850
information as the director provides. All state agencies, 5,851
authorities, institutions, offices, retirement systems, and other 5,852
component units of the state reporting entity as determined by 5,853
the director shall furnish the director whatever financial 5,854
statements and other information the director requests for the 5,856
report, in such THE form, at such THE times, covering such THE 5,857
139
periods, and with such THE attestation as the director 5,858
prescribes. The information for state institutions of higher 5,859
education, as such term is defined in section 3345.011 of the 5,860
Revised Code, shall be submitted to the director by the Ohio 5,861
board of regents. The board shall establish a due date by which 5,862
each such institution shall submit the information to the board, 5,863
but no such date shall be later than one hundred twenty days 5,864
after the end of the state fiscal year unless a later date is 5,865
approved by the director.
(B) IN ADDITION TO THE DIRECTOR'S DUTIES UNDER DIVISION 5,868
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
ESTABLISH AND ADMINISTER ONE OR MORE STATE PAYMENT CARD PROGRAMS 5,869
THAT PERMIT OR REQUIRE STATE AGENCIES TO USE A PAYMENT CARD TO 5,870
PURCHASE EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES IN 5,871
ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR. THE DIRECTOR 5,872
MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE THE PAYMENT
CARDS AND PAYMENT CARD SERVICES. STATE AGENCIES MAY ONLY 5,873
PARTICIPATE IN STATE PAYMENT CARD PROGRAMS THAT THE DIRECTOR 5,874
ESTABLISHES PURSUANT TO THIS SECTION.
Sec. 126.25. The accounting services provided by the 5,883
director of budget and management shall be supported by user 5,884
charges. He THE DIRECTOR shall determine a rate that is 5,886
sufficient to defray the expense of such THOSE services and the 5,887
manner by which such THOSE charges shall be collected. All money 5,888
collected from user charges shall be deposited in the state 5,889
treasury to the credit of the state accounting fund, which is 5,890
hereby created. REBATES OR REVENUE SHARES RECEIVED FROM ANY 5,891
STATE PAYMENT CARD PROGRAM ESTABLISHED UNDER DIVISION (B) OF 5,892
SECTION 126.21 OF THE REVISED CODE AND MISCELLANEOUS PAYMENTS
THAT REIMBURSE EXPENSES PAID FROM THE STATE ACCOUNTING FUND MAY 5,893
BE DEPOSITED INTO THE STATE ACCOUNTING FUND AND USED TO SUPPORT 5,894
ACCOUNTING SERVICES.
Sec. 126.31. (A) Any officer, member, or employee of, or 5,903
consultant to, the general assembly, supreme court, court of 5,904
140
appeals, court of claims, any agency of any of these, or any 5,905
state university or college as defined in division (A)(1) of 5,906
section 3345.12 of the Revised Code, may be reimbursed for his 5,907
actual and necessary traveling and other expenses incurred while 5,908
attending any gathering, conference, or convention, or while 5,909
performing official duties, inside or outside this state, if 5,910
authorized by the general assembly or by that court, agency, 5,911
university, or college, respectively. Reimbursement shall be 5,912
made in the manner, and at rates that do not exceed those, 5,913
prescribed by law or, in the absence of such law, in the manner, 5,914
and at rates that do not exceed those, established by the general 5,915
assembly or by that court, agency, university, or college, 5,916
respectively. 5,917
(B) Any officer, member, or employee of, or consultant to, 5,919
any other state agency, OTHER THAN A STATE AGENCY DESCRIBED IN 5,921
DIVISION (A) OF THIS SECTION, whose compensation is paid in whole 5,922
or in part from state funds may be reimbursed DIRECTLY for his 5,923
actual and necessary traveling and other expenses incurred while 5,924
THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT IS attending any 5,926
gathering MEETING, conference, or RETREAT, convention, OR SIMILAR 5,927
GATHERING, or while THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT 5,929
IS performing official duties, inside or outside this state, if 5,930
authorized by that state agency, OR THE PROVIDER OF GOODS OR 5,931
SERVICES TO THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT MAY BE 5,932
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,933
Notwithstanding any other statute to the contrary, reimbursement 5,934
TO THE OFFICER, MEMBER, EMPLOYEE, CONSULTANT, OR PROVIDER shall 5,935
be made in the manner, and at rates that do not exceed those, 5,936
provided by rule of the director of budget and management adopted 5,937
in accordance with Chapter 119. SECTION 111.15 of the Revised 5,939
Code. Not later than the thirtieth day of September each year, 5,940
the director of budget and management shall submit to the 5,941
president and minority leader of the senate and the speaker and 5,942
minority leader of the house of representatives a summary of all 5,943
141
out-of-state travel expenditures reimbursed by any such state
agencies UNDER THIS DIVISION during the preceding fiscal year. 5,944
(C) The spouse of the governor may be reimbursed DIRECTLY 5,947
for the spouse's actual and necessary traveling and other 5,949
expenses incurred while attending any gathering MEETING,
conference, or RETREAT, convention, OR SIMILAR GATHERING to 5,951
assist or serve the governor in the discharge of the governor's 5,952
official duties, or while otherwise assisting or serving the 5,953
governor in the discharge of the governor's official duties, 5,954
inside or outside this state, if authorized by the governor, OR 5,955
THE PROVIDER OF GOODS OR SERVICES TO THE GOVERNOR'S SPOUSE MAY BE 5,956
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,957
Notwithstanding any other statute to the contrary, reimbursement 5,958
made under this division is exclusively for the use and benefit 5,959
of the governor's spouse and shall not be considered as inuring 5,960
to the use or benefit of the governor for any purpose. 5,961
Reimbursement shall be made in the manner, and at rates that do 5,962
not exceed those, provided by rule of the director of budget and 5,963
management adopted in accordance with Chapter 119. SECTION 111.15 5,964
of the Revised Code.
(D) THE DIRECTOR OF BUDGET AND MANAGEMENT, BY RULE ADOPTED 5,966
IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE, MAY 5,967
ESTABLISH MAXIMUM ALLOWABLE EXPENSES AND ASSOCIATED REASONABLE 5,968
RATES THAT A STATE AGENCY, WHOSE OFFICERS, MEMBERS, EMPLOYEES, 5,969
AND CONSULTANTS ARE SUBJECT TO DIVISION (B) OF THIS SECTION, MAY 5,970
INCUR FOR MEETINGS, CONFERENCES, RETREATS, CONVENTIONS, AND OTHER
SIMILAR GATHERINGS, AND MAY ESTABLISH THE MANNER IN WHICH THOSE 5,971
MAXIMUM ALLOWABLE EXPENSES MAY BE INCURRED BY THAT TYPE OF STATE 5,972
AGENCY FOR THOSE GATHERINGS. THE STATE AGENCY SHALL COMPLY WITH 5,973
THE RULES ADOPTED UNDER THIS DIVISION. 5,974
Sec. 126.32. (A) Any officer of any state agency may 5,983
authorize reimbursement for travel, INCLUDING THE COSTS OF 5,984
TRANSPORTATION, FOR lodging, and FOR meals to any person who is 5,986
interviewing for a position that is classified as pay range 33 or 5,987
142
above in schedule B of section 124.15 of the Revised Code or in 5,988
pay range 13 or above in schedule E-1 of section 124.152 of the 5,989
Revised Code, or is classified in schedule C of section 124.15 or 5,990
in schedule E-2, of section 124.152 of the Revised Code. 5,991
(B) If a person is appointed to a position listed in 5,993
section 121.03 of the Revised Code, to another comparable THE 5,994
position OF ADMINISTRATOR OF WORKERS' COMPENSATION AFTER AUGUST 5,995
31, 2000, CHAIRPERSON OF THE INDUSTRIAL COMMISSION, ADJUTANT 5,996
GENERAL, CHANCELLOR OF THE OHIO BOARD OF REGENTS, SUPERINTENDENT 5,997
OF PUBLIC INSTRUCTION, CHAIRPERSON OF THE PUBLIC UTILITIES 5,998
COMMISSION OF OHIO, OR DIRECTOR OF THE STATE LOTTERY COMMISSION, 5,999
to a position holding a fiduciary relationship to the governor, 6,001
to a position of an appointing authority of the department of 6,002
mental health, mental retardation and developmental disabilities, 6,003
or rehabilitation and correction, to a position of superintendent 6,004
in the department of youth services, or to a position under 6,005
section 122.05 of the Revised Code, and such IF THAT appointment 6,006
requires a permanent change of residence, the appropriate state 6,007
agency may reimburse the person for his THE PERSON'S actual and 6,008
necessary expenses, INCLUDING THE COST OF IN-TRANSIT STORAGE OF 6,009
HOUSEHOLD GOODS AND PERSONAL EFFECTS, of moving himself THE 6,010
PERSON and members of his THE PERSON'S immediate family residing 6,012
in his THE PERSON'S household, AND OF MOVING THEIR HOUSEHOLD 6,013
GOODS AND PERSONAL EFFECTS, to his THE PERSON'S new location. 6,015
Until such a THAT person moves his THE PERSON'S permanent 6,018
residence to the new location, but not for a period that exceeds 6,019
thirty consecutive days, the state agency may reimburse the 6,020
person for his THE PERSON'S temporary living expenses at the new 6,021
location that he THE PERSON has incurred on behalf of himself THE 6,023
PERSON and members of his THE PERSON'S immediate family residing 6,025
in his THE PERSON'S household. In addition, the state agency may 6,026
reimburse such THAT person for his THE PERSON'S travel expenses 6,027
between the new location and his THE PERSON'S former residence 6,029
during this period FOR A MAXIMUM NUMBER OF TRIPS SPECIFIED BY 6,030
143
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT, BUT THE STATE 6,031
AGENCY SHALL NOT REIMBURSE THE PERSON FOR TRAVEL EXPENSES 6,032
INCURRED FOR THOSE TRIPS BY MEMBERS OF THE PERSON'S IMMEDIATE
FAMILY. With the prior written approval of the director of 6,034
budget and management, the maximum thirty-day period for 6,035
temporary living expenses may be extended for a person appointed 6,036
to a position under section 122.05 of the Revised Code. 6,037
The director of development may reimburse a person 6,039
appointed to a position under section 122.05 of the Revised Code 6,040
for his THE PERSON'S actual and necessary expenses of moving 6,041
himself THE PERSON and members of his THE PERSON'S immediate 6,043
family residing in his THE PERSON'S household back to the United 6,045
States AND MAY REIMBURSE A PERSON APPOINTED TO SUCH A POSITION
FOR THE COST OF STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS 6,046
OF THE PERSON AND THE PERSON'S IMMEDIATE FAMILY WHILE THE PERSON 6,047
IS SERVING OUTSIDE THE UNITED STATES, IF THE PERSON'S OFFICE 6,048
OUTSIDE THE UNITED STATES IS THE PERSON'S PRIMARY JOB LOCATION. 6,049
(C) All reimbursement under DIVISION (A) OR (B) OF this 6,052
section shall be made in the manner, and at rates that do not 6,053
exceed those, provided by rule of the director of budget and 6,054
management in accordance with Chapter 119. SECTION 111.15 of the 6,055
Revised Code. REIMBURSEMENTS MAY BE MADE UNDER DIVISION (B) OF 6,056
THIS SECTION DIRECTLY TO THE PERSONS WHO INCURRED THE EXPENSES OR 6,057
DIRECTLY TO THE PROVIDERS OF GOODS OR SERVICES THE PERSONS 6,058
RECEIVE, AS DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 6,059
Sec. 127.16. (A) Upon the request of either a state 6,068
agency or the director of budget and management and after the 6,069
controlling board determines that an emergency or a sufficient 6,070
economic reason exists, the controlling board may approve the 6,072
making of a purchase without competitive selection as provided in
division (B) of this section. 6,073
(B) Except as otherwise provided in this section, no state 6,075
agency, using money that has been appropriated to it directly, 6,076
shall: 6,077
144
(1) Make any purchase from a particular supplier, that 6,079
would amount to fifty thousand dollars or more when combined with 6,080
both the amount of all disbursements to the supplier during the 6,081
fiscal year for purchases made by the agency and the amount of 6,082
all outstanding encumbrances for purchases made by the agency 6,083
from the supplier, unless the purchase is made by competitive 6,084
selection or with the approval of the controlling board; 6,085
(2) Lease real estate from a particular supplier, if the 6,087
lease would amount to seventy-five thousand dollars or more when 6,088
combined with both the amount of all disbursements to the 6,089
supplier during the fiscal year for real estate leases made by 6,090
the agency and the amount of all outstanding encumbrances for 6,091
real estate leases made by the agency from the supplier, unless 6,092
the lease is made by competitive selection or with the approval 6,093
of the controlling board. 6,094
(C) Any person who authorizes a purchase in violation of 6,096
division (B) of this section shall be liable to the state for any 6,097
state funds spent on the purchase, and the attorney general shall 6,098
collect the amount from the person. 6,099
(D) Nothing in division (B) of this section shall be 6,101
construed as: 6,102
(1) A limitation upon the authority of the director of 6,104
transportation as granted in sections 5501.17, 5517.02, and 6,105
5525.14 of the Revised Code; 6,106
(2) Applying to medicaid provider agreements under Chapter 6,108
5111. of the Revised Code or payments or provider agreements 6,111
under disability assistance medical assistance established under 6,112
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 6,114
supplier by a state licensing board under Title XLVII of the 6,115
Revised Code; 6,116
(4) Applying to entertainment contracts for the Ohio state 6,118
fair entered into by the Ohio expositions commission, provided 6,119
that the controlling board has given its approval to the 6,120
145
commission to enter into such contracts and has approved a total 6,121
budget amount for such contracts as agreed upon by commission 6,122
action, and that the commission causes to be kept itemized 6,123
records of the amounts of money spent under each contract and 6,124
annually files those records with the clerk of the house of 6,126
representatives and the clerk of the senate following the close 6,127
of the fair;
(5) Limiting the authority of the chief of the division of 6,129
mines and reclamation to contract for reclamation work with an 6,130
operator mining adjacent land as provided in section 1513.27 of 6,131
the Revised Code; 6,132
(6) Applying to investment transactions and procedures of 6,134
any state agency, except that the agency shall file with the 6,135
board the name of any person with whom the agency contracts to 6,136
make, broker, service, or otherwise manage its investments, as 6,137
well as the commission, rate, or schedule of charges of such 6,138
person with respect to any investment transactions to be 6,139
undertaken on behalf of the agency. The filing shall be in a 6,140
form and at such times as the board considers appropriate. 6,141
(7) Applying to purchases made with money for the per cent 6,143
for arts program established by section 3379.10 of the Revised 6,144
Code; 6,145
(8) Applying to purchases made by the rehabilitation 6,147
services commission of services, or supplies, that are provided 6,148
to persons with disabilities, or to purchases made by the 6,149
commission in connection with the eligibility determinations it 6,150
makes for applicants of programs administered by the social 6,151
security administration; 6,152
(9) Applying to payments by the department of human 6,154
services under section 5111.13 of the Revised Code for group 6,155
health plan premiums, deductibles, coinsurance, and other 6,156
cost-sharing expenses; 6,157
(10) Applying to any agency of the legislative branch of 6,159
the state government; 6,160
146
(11) Applying to agreements entered into under section 6,162
5101.11, 5101.21, or 5101.211 of the Revised Code; 6,163
(12) Applying to purchases of services by the adult parole 6,165
authority under section 2967.14 of the Revised Code or by the 6,166
department of youth services under section 5139.08 of the Revised 6,167
Code; 6,168
(13) Applying to dues or fees paid for membership in an 6,170
organization or association; 6,171
(14) Applying to purchases of utility services pursuant to 6,173
section 9.30 of the Revised Code; 6,174
(15) Applying to purchases made in accordance with rules 6,176
adopted by the department of administrative services of motor 6,177
vehicle, aviation, or watercraft fuel, or emergency repairs of 6,178
such vehicles; 6,179
(16) Applying to purchases of tickets for passenger air 6,181
transportation; 6,182
(17) Applying to purchases necessary to provide public 6,184
notifications required by law or to provide notifications of job 6,185
openings; 6,186
(18) Applying to the judicial branch of state government; 6,188
(19) Applying to purchases of liquor for resale by the 6,190
department or, on and after July 1, 1997, the division of liquor 6,191
control;
(20) Applying to purchases of motor courier and freight 6,193
services made in accordance with department of administrative 6,194
services rules; 6,195
(21) Applying to purchases from the United States postal 6,197
service and purchases of stamps and postal meter replenishment 6,198
from vendors at rates established by the United States postal 6,199
service; 6,200
(22) Applying to purchases of books, periodicals, 6,202
pamphlets, newspapers, maintenance subscriptions, and other 6,203
published materials; 6,204
(23) Applying to purchases from other state agencies, 6,206
147
including state-assisted institutions of higher education; 6,207
(24) Limiting the authority of the director of 6,209
environmental protection to enter into contracts under division 6,210
(D) of section 3745.14 of the Revised Code to conduct compliance 6,211
reviews, as defined in division (A) of that section; 6,212
(25) Applying to purchases from a qualified nonprofit 6,214
agency pursuant to sections 4115.31 to 4115.35 of the Revised 6,215
Code; 6,216
(26) Applying to payments by the department of human 6,218
services to the United States department of health and human 6,219
services for printing and mailing notices pertaining to the tax 6,220
refund offset program of the internal revenue service of the 6,221
United States department of the treasury; 6,222
(27) Applying to contracts entered into by the department 6,224
of mental retardation and developmental disabilities under 6,225
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 6,226
(28) Applying to payments made by the department of mental 6,228
health under a physician recruitment program authorized by 6,229
section 5119.101 of the Revised Code; 6,230
(29) Applying to contracts entered into with persons by 6,232
the director of commerce for unclaimed funds collection and 6,233
remittance efforts as provided in division (F) of section 169.03 6,235
of the Revised Code. The director shall keep an itemized 6,238
accounting of unclaimed funds collected by those persons and 6,239
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 6,241
higher education in accordance with the terms of a contract 6,243
between the vendor and an inter-university purchasing group 6,244
comprised of purchasing officers of state institutions of higher 6,245
education;
(31) APPLYING TO THE DEPARTMENT OF HUMAN SERVICES' 6,247
PURCHASES OF HEALTH ASSISTANCE SERVICES UNDER THE CHILDREN'S 6,248
HEALTH INSURANCE PROGRAM PART I PROVIDED FOR UNDER SECTION 6,249
5101.50 OF THE REVISED CODE OR THE CHILDREN'S HEALTH INSURANCE 6,250
148
PROGRAM PART II PROVIDED FOR UNDER SECTION 5101.51 OF THE REVISED 6,251
CODE.
(E) Notwithstanding division (B)(1) of this section, the 6,253
cumulative purchase threshold shall be seventy-five thousand 6,254
dollars for the departments of mental retardation and 6,255
developmental disabilities, mental health, rehabilitation and 6,256
correction, and youth services. 6,257
(F) When determining whether a state agency has reached 6,259
the cumulative purchase thresholds established in divisions 6,260
(B)(1), (B)(2), and (E) of this section, all of the following 6,261
purchases by such agency shall not be considered: 6,262
(1) Purchases made through competitive selection or with 6,264
controlling board approval; 6,265
(2) Purchases listed in division (D) of this section; 6,267
(3) For the purposes of the thresholds of divisions (B)(1) 6,269
and (E) of this section only, leases of real estate. 6,270
(G) As used in this section, "competitive selection," 6,272
"purchase," "supplies," and "services" have the same meanings as 6,273
in section 125.01 of the Revised Code. 6,274
Sec. 129.55. In the event the moneys to the credit of the 6,283
improvements bond retirement fund created by Section 2f of 6,284
Article VIII, Ohio Constitution, are insufficient to meet in full 6,285
any payment of interest, principal, or charges due for the 6,286
issuance and retirement of bonds or other obligations issued 6,287
pursuant to Section 2f of Article VIII, Ohio Constitution, and 6,288
section 129.50 of the Revised Code, the commissioners of the 6,289
sinking fund shall, within ten days prior to the time any such 6,290
payment is due, SHALL certify to the treasurer of state the total 6,291
amount of such payment, the amount of moneys to the credit of the 6,292
improvements bond retirement fund created by Section 2f of 6,293
Article VIII, Ohio Constitution, and the amount of additional 6,294
money necessary to be credited to such bond retirement fund to 6,295
meet in full the payment of such interest, principal, or charges 6,296
when due. 6,297
149
Upon receipt of such certification or if on presentation 6,299
for payment when due of either principal or interest on the bonds 6,300
or other obligations, there be insufficient moneys in such fund 6,301
to make any such payment, the treasurer of state shall transfer 6,302
the amount of additional moneys necessary to meet such payment to 6,303
the improvements bond retirement fund created by Section 2f of 6,304
Article VIII, Ohio Constitution, from the undistributed revenues 6,305
derived from all excises and taxes of the state, except ad 6,306
valorem taxes on real and personal property, income taxes, and 6,307
fees, excises, or license taxes relating to registration, 6,308
operation, or use of vehicles on public highways, or to fuels 6,309
used for propelling such vehicles, drawing first upon the 6,310
undistributed revenues derived from the tax levied by section 6,311
5743.02 of the Revised Code, then upon the undistributed revenues 6,312
derived from the tax levied by section 5743.32 of the Revised 6,313
Code, then upon the undistributed revenues derived from the tax 6,314
levied by section 5739.02 of the Revised Code, and then from the 6,315
undistributed revenues derived from the taxes levied by sections 6,316
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,317
5729.03, 5731.02, 5731.13, 5733.06, and 5741.02 of the Revised 6,319
Code in proportion to the amount of undistributed revenues 6,320
derived from each such tax. 6,321
Sec. 129.63. (A) The commissioners of the sinking fund 6,330
shall, prior to the twentieth day of December of each year, SHALL 6,333
certify to the treasurer of state: 6,334
(1) The amount of moneys required during the next 6,336
succeeding calendar year to meet in full as they become due 6,337
payments of principal, interest, and charges for the issuance and 6,338
retirement of bonds or notes issued pursuant to Section 2h of 6,339
Article VIII, Ohio Constitution, and section 129.60 of the 6,340
Revised Code, and the date of such payments; 6,341
(2) The amount of money to the credit of the development 6,343
bond retirement fund created under Section 2h of Article VIII, 6,344
Ohio Constitution, on the date the certification is made. 6,345
150
(B) The commissioners of the sinking fund shall, not 6,347
earlier than the thirtieth day nor later than the twentieth day, 6,348
prior to the date any payments of principal, interest, or charges 6,349
for the issuance or retirement of bonds or notes issued under 6,350
Section 2h of Article VIII, Ohio Constitution, and section 129.60 6,351
of the Revised Code become due, SHALL certify to the treasurer of 6,352
state: 6,353
(1) The total amount of such payments, the amount of 6,355
moneys then to the credit of the development bond retirement fund 6,356
created under Section 2h of Article VIII, Ohio Constitution, and 6,357
any amounts of additional money necessary to meet such payments 6,358
in full when due; 6,359
(2) The amount of any payments of principal, interest, or 6,361
charges for the issuance or retirement of bonds or notes issued 6,362
under Section 2f of Article VIII, Ohio Constitution, which will 6,363
become due on or before the tenth day following the date of 6,364
payment set forth in division (B)(1) of this section, the amounts 6,365
then to the credit of the improvements bond retirement fund 6,366
created by Section 2f of Article VIII, Ohio Constitution, and any 6,367
amounts of additional money necessary to meet such payments from 6,368
such fund when due. 6,369
(C) Upon receipt of the certifications required under 6,371
division (B) of this section, the treasurer of state shall: 6,372
(1) Transfer to the improvements bond retirement fund 6,374
created by Section 2f of Article VIII, Ohio Constitution, from 6,375
the revenues authorized by section 129.55 of the Revised Code to 6,376
be paid into such fund and in the order described in such 6,377
section, the amounts of additional money, if any, certified as 6,378
necessary under division (B)(2) of this section to make the 6,379
payments from each of such funds as certified under such 6,380
division; 6,381
(2) Transfer, after making whatever transfers are required 6,383
by division (C)(1) of this section, the additional amounts of 6,384
money, if any, certified as necessary under division (B)(1) of 6,385
151
this section to make the payments as certified under such 6,386
division to the development bond retirement fund created by 6,387
Section 2h of Article VIII, Ohio Constitution, from the 6,388
undistributed revenues derived from all excises and taxes of the 6,389
state, except ad valorem taxes on real and personal property, 6,390
income taxes, and fees, excises or license taxes relating to 6,391
registration, operation, or use of vehicles on the public 6,392
highways, or to fuels used for propelling such vehicles, drawing 6,393
first upon the undistributed revenues derived from the tax levied 6,394
by section 5739.02 of the Revised Code remaining after any 6,395
transfer to the improvements bond retirement fund created by 6,396
Section 2f of Article VIII, Ohio Constitution, of such amounts of 6,397
those revenues as may be required by section 129.55 of the 6,398
Revised Code to be so transferred, and then from the 6,399
undistributed revenues derived from the taxes levied by sections 6,400
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,401
5729.03, 5731.02, 5731.13, 5733.06, 5741.02, 5743.02, and 5743.32 6,403
of the Revised Code in proportion to the amount of undistributed 6,404
revenues from each such tax remaining after the transfer to the 6,405
improvements bond retirement fund created by Section 2f of 6,406
Article VIII, Ohio Constitution, of such amount of those revenues 6,407
as may be required by section 129.55 of the Revised Code to be so 6,408
transferred. 6,409
Sec. 129.73. (A) The commissioners of the sinking fund 6,418
shall, prior to the twentieth day of December of each year, SHALL 6,420
certify to the treasurer of state:
(1) The amount of moneys required during the next 6,422
succeeding calendar year to meet in full, as they become due, 6,423
payments of principal, interest, and charges for the issuance and 6,424
retirement of obligations issued pursuant to Section 2i of 6,425
Article VIII, Ohio Constitution, and former section 129.70 of the 6,426
Revised Code, and the date of such payments; 6,427
(2) The amount of money to the credit of the public 6,429
improvements bond retirement fund created under section 129.72 of 6,430
152
the Revised Code on the date the certification is made. 6,431
(B) The commissioners of the sinking fund shall, not 6,433
earlier than the thirtieth day nor later than the twentieth day, 6,434
prior to the date any payments of principal, interest, or charges 6,435
for the issuance or retirement of obligations issued under 6,436
Section 2i of Article VIII, Ohio Constitution, or former section 6,437
129.70 of the Revised Code become due, SHALL certify to the 6,438
treasurer of state: 6,439
(1) The total amount of such payments of principal, 6,441
interest, or charges, the amount of moneys then to the credit of 6,442
the public improvements bond retirement fund created under 6,443
section 129.72 of the Revised Code which THAT may be expended for 6,445
such payments, and any amounts of additional money necessary to 6,446
meet such payments in full when due; 6,447
(2) The amount of any payments of principal, interest, or 6,449
charges for the issuance or retirement of bonds or notes issued 6,450
under Section 2f of Article VIII, Ohio Constitution, which will 6,451
become due on or before the tenth day following the date of 6,452
payment referred to in division (B)(1) of this section, the 6,453
amount then to the credit of the improvements bond retirement 6,454
fund created by Section 2f of Article VIII, Ohio Constitution, 6,455
and any amounts of additional money necessary to meet such 6,456
payments from such fund when due; 6,457
(3) The amount of any payments of principal, interest, or 6,459
charges for the issuance or retirement of bonds or notes issued 6,460
under Section 2h of Article VIII, Ohio Constitution, which will 6,461
become due on or before the tenth day following the date of 6,462
payment referred to in division (B)(1) of this section, the 6,463
amounts then to the credit of the development bond retirement 6,464
fund created by Section 2h of Article VIII, Ohio Constitution, 6,465
any amounts of additional money necessary to meet such payments 6,466
from such fund when due. 6,467
(C) Upon receipt of the certifications required under 6,469
division (B) of this section, the treasurer of state shall: 6,470
153
(1) Transfer to the improvements bond retirement fund 6,472
created by Section 2f of Article VIII, Ohio Constitution, from 6,473
the revenues authorized by section 129.55 of the Revised Code to 6,474
be paid into such fund and in the order described in such 6,475
section, the amounts of additional money, if any, certified as 6,476
necessary under division (B)(2) of this section to make the 6,477
payments from such fund as certified under such division; 6,478
(2) Transfer to the development bond retirement fund 6,480
created by Section 2h of Article VIII, Ohio Constitution, from 6,481
the revenues authorized by section 129.63 of the Revised Code to 6,482
be paid into such fund and in the order described in such 6,483
section, the amounts of additional money, if any, certified as 6,484
necessary under division (B)(3) of this section to make the 6,485
payments from such fund as certified under such division; 6,486
(3) Transfer, after making whatever transfers are required 6,488
by divisions (C)(1) and (2) of this section, the additional 6,489
amounts of money, if any, certified as necessary under division 6,490
(B)(1) of this section to make the payments of principal, 6,491
interest, or charges as certified under such division to the 6,492
public improvements bond retirement fund created by section 6,493
129.72 of the Revised Code, from the undistributed revenues 6,494
derived from all excises and taxes of the state, except ad 6,495
valorem taxes on real and personal property, income taxes, and 6,496
fees, excises or license taxes relating to registration, 6,497
operation, or use of vehicles on the public highways, or to fuels 6,498
used for propelling such vehicles, which excises and taxes, other 6,499
than those excepted, are and shall be deemed to be levied, in 6,500
addition to the purposes otherwise provided for by law, to 6,501
provide in accordance with the provisions of this section for the 6,502
payment of interest, principal, and charges on tax supported 6,503
obligations, including bonds and notes, issued pursuant to 6,504
Section 2i of Article VIII, Ohio Constitution, and former section 6,505
129.70 of the Revised Code, provided that the treasurer of state 6,506
shall draw first upon the undistributed revenues derived from the 6,507
154
tax levied by section 5739.02 of the Revised Code remaining after 6,508
any transfer to the improvements bond retirement fund created by 6,509
Section 2f of Article VIII, Ohio Constitution, and the 6,510
development bond retirement fund created by Section 2h of Article 6,511
VIII, Ohio Constitution, of such amounts of those revenues as may 6,512
be required by sections 129.55 and 129.63 of the Revised Code to 6,513
be so transferred, and then from the undistributed revenues 6,514
derived from the taxes levied by sections 3769.08, 4301.42, 6,515
4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 6,516
5731.18, 5731.19, 5733.06, 5741.02, 5743.02, and 5743.32 of the 6,518
Revised Code in proportion to the amount of undistributed 6,519
revenues from each such tax remaining after the transfer to the 6,520
improvements bond retirement fund created by Section 2f of 6,521
Article VIII, Ohio Constitution, and the development bond 6,522
retirement fund created by Section 2h of Article VIII, Ohio 6,523
Constitution, of such amount of those revenues as may be required 6,524
by sections 129.55 and 129.63 of the Revised Code to be so 6,525
transferred.
(D) If on presentation for payment when due of either 6,527
principal or interest on obligations issued pursuant to Section 6,528
2i of Article VIII, Ohio Constitution, and former section 129.70 6,529
of the Revised Code, there are insufficient moneys for the 6,530
payment of such principal and interest, the treasurer of state 6,531
shall also transfer to the public improvements bond retirement 6,532
fund from the undistributed revenues referred to in division 6,533
(C)(3) of this section and in the order specified therein such 6,534
additional amounts as may be required for such payments. 6,535
Sec. 131.01. As used in Chapters 113., 117., 123., 124., 6,544
125., 126., 127., and 131. of the Revised Code, and any statute 6,545
that uses the terms in connection with state accounting or 6,546
budgeting: 6,547
(A) "Account" means any record, element, or summary in 6,549
which financial transactions are identified and recorded as debit 6,550
or credit transactions in order to summarize items of a similar 6,551
155
nature or classification. 6,552
(B) "Accounting procedure" means the arrangement of all 6,554
processes which discover, record, and summarize financial 6,555
information to produce financial statements and reports and to 6,556
provide internal control. 6,557
(C) "Accounting system" means the total structure of 6,559
records and procedures which discover, record, classify, and 6,560
report information on the financial position and operations of a 6,561
governmental unit or any of its funds, balanced account groups, 6,562
and organizational components. 6,563
(D) "Allocation" means a portion of an appropriation which 6,565
is designated for expenditure by specific organizational units or 6,566
for special purposes, activities, or objects that do not relate 6,567
to a period of time. 6,568
(E) "Allotment" means all or part of an appropriation 6,570
which may be encumbered or expended within a specific period of 6,571
time. 6,572
(F) "Appropriation" means an authorization granted by the 6,574
general assembly to make expenditures and to incur obligations 6,575
for specific purposes. 6,576
(G) "Assets" means resources owned, controlled, or 6,578
otherwise used or held by the state which have monetary value. 6,579
(H) "Budget" means the plan of financial operation 6,581
embodying an estimate of proposed expenditures and obligations 6,582
for a given period and the proposed means of financing them. 6,583
(I) "Direct deposit" is a form of electronic funds 6,585
transfer in which money is electronically deposited into the 6,586
account of a person or entity at a financial institution. 6,587
(J) "Disbursement" means a payment made for any purpose. 6,589
(K) "Electronic benefit transfer" means the electronic 6,591
delivery of public assistance benefits through automated teller 6,592
machines, point of sale terminals, or other electronic media 6,593
pursuant to section 5101.33 of the Revised Code. 6,594
(L) "Electronic funds transfer" means the electronic 6,596
156
movement of funds via automated clearing house or wire transfer. 6,597
(M) "Encumbrancing document" means a document reserving 6,599
all or part of an appropriation. 6,600
(N) "Expenditure" means a reduction of the balance of an 6,602
appropriation after legal requirements have been met. 6,603
(O) "Fund" means an independent fiscal and accounting 6,605
entity with a self-balancing set of accounts recording cash or 6,606
other resources, together with all related liabilities, 6,607
obligations, reserves, and fund balances which are segregated for 6,608
the purpose of carrying on specific activities or attaining 6,609
certain objectives in accordance with special rules, 6,610
restrictions, or limitations. 6,611
(P) "Lapse" means the automatic termination of an 6,613
appropriation at the end of the fiscal period for which it was 6,614
appropriated. 6,615
(Q) "Reappropriation" means an appropriation of a previous 6,617
appropriation that is continued in force in a succeeding 6,618
appropriation period. "Reappropriation" shall be equated with 6,619
and incorporated in the term "appropriation." 6,620
(R) "Voucher" means the document used to transmit a claim 6,622
for payment and evidentiary matter related to the claim. 6,623
(S) "Warrant" means an order drawn upon the treasurer of 6,625
state by the auditor of state directing the treasurer of state to 6,626
pay a specified amount, including an order to make a lump-sum 6,627
payment to a financial institution for the transfer of funds by 6,628
direct deposit or the drawdown of funds by electronic benefit 6,629
transfer, and the resulting electronic transfer to or by the 6,630
ultimate payees. 6,631
The terms defined in this section shall be used, on all 6,633
accounting forms, reports, formal rules, and budget requests 6,634
produced by a state agency, only as defined in this section. 6,635
Sec. 131.39. IF A STATE AGENCY DETERMINES THAT ALL OR A 6,637
PORTION OF A FEE, FINE, PENALTY, OR OTHER NONTAX PAYMENT MADE TO 6,638
THE AGENCY IS NOT OWED, THE AGENCY MAY REFUND, FROM THE FUND TO 6,639
157
WHICH THE PAYMENT WAS CREDITED, THE AMOUNT THAT IS NOT OWED. IF 6,640
THE AGENCY LACKS SUFFICIENT UNENCUMBERED APPROPRIATIONS TO MAKE 6,641
THE REFUND, THE AGENCY MAY REQUEST THE CONTROLLING BOARD FOR
AUTHORITY TO MAKE THE REFUND. THE BOARD MAY AUTHORIZE THE AGENCY 6,642
TO MAKE THE REFUND UPON A DETERMINATION THAT THE REFUND IS DUE 6,643
AND THAT SUFFICIENT UNENCUMBERED MONEY REMAINS IN THE FUND. 6,644
THIS SECTION DOES NOT SUPERSEDE ANY AUTHORITY TO REFUND A 6,646
PAYMENT THAT AN AGENCY HAS UNDER ANY OTHER LAW. 6,647
Sec. 133.20. (A) This section applies to bonds that are 6,656
general obligation Chapter 133. securities. If the bonds are 6,657
payable as to principal by provision for annual installments, the 6,658
period of limitations on their last maturity, referred to as 6,659
their maximum maturity, shall be measured from a date twelve 6,660
months prior to the first date on which provision for payment of 6,661
principal is made. If the bonds are payable as to principal by 6,662
provision for semiannual installments, the period of limitations 6,663
on their last maturity shall be measured from a date six months 6,664
prior to the first date on which provision for payment of 6,665
principal is made. 6,666
(B) Bonds issued for the following permanent improvements 6,668
or for permanent improvements for the following purposes shall 6,669
have maximum maturities not exceeding the number of years stated: 6,670
(1) Fifty years: 6,672
(a) The clearance and preparation of real property for 6,674
redevelopment as an urban redevelopment project; 6,675
(b) Acquiring, constructing, widening, relocating, 6,677
enlarging, extending, and improving a publicly owned railroad or 6,678
line of railway or a light or heavy rail rapid transit system, 6,679
including related bridges, overpasses, underpasses, and tunnels, 6,680
but not including rolling stock or equipment. 6,681
(2) Forty years: 6,683
(a) General waterworks or water system permanent 6,685
improvements, including buildings, water mains, or other 6,686
structures and facilities in connection therewith; 6,687
158
(b) Sewers or sewage treatment or disposal works or 6,689
facilities, including fireproof buildings or other structures in 6,690
connection therewith; 6,691
(c) Storm water drainage, surface water, and flood 6,693
prevention facilities. 6,694
(3) Thirty years: 6,696
(a) Municipal recreation, excluding recreational 6,698
equipment; 6,699
(b) Urban redevelopment projects; 6,701
(c) Acquisition of real property; 6,703
(d) Street or alley lighting purposes or relocating 6,705
overhead wires, cables, and appurtenant equipment underground. 6,706
(4) Twenty years: constructing, reconstructing, widening, 6,708
opening, improving, grading, draining, paving, extending, or 6,709
changing the line of roads, highways, expressways, freeways, 6,710
streets, sidewalks, alleys, or curbs and gutters, and related 6,711
bridges, viaducts, overpasses, underpasses, grade crossing 6,712
eliminations, service and access highways, and tunnels. 6,713
(5) Fifteen years: 6,715
(a) Resurfacing roads, highways, streets, or alleys; 6,717
(b) Alarm, telegraph, or other communications systems for 6,719
police or fire departments or other emergency services; 6,720
(c) Passenger buses used for mass transportation; 6,722
(d) ENERGY CONSERVATION MEASURES AS AUTHORIZED BY SECTION 6,724
133.06 OF THE REVISED CODE. 6,725
(6) Ten years: 6,727
(a) Water meters; 6,729
(b) Fire department apparatus and equipment; 6,731
(c) Road rollers and other road construction and servicing 6,733
vehicles; 6,734
(d) Furniture, equipment, and furnishings; 6,736
(e) Landscape planting and other site improvements; 6,738
(f) Playground, athletic, and recreational equipment and 6,740
apparatus; 6,741
159
(g) Energy conservation measures as authorized by section 6,743
133.06, 307.041, 505.264, or 717.02 of the Revised Code. 6,744
(7) Five years: New motor vehicles other than those 6,746
described in any other division of this section and those for 6,747
which provision is made in other provisions of the Revised Code. 6,748
(C) Bonds issued for any permanent improvements not within 6,750
the categories set forth in division (B) of this section shall 6,751
have maximum maturities of from five to thirty years as the 6,752
fiscal officer estimates is the estimated life or period of 6,753
usefulness of those permanent improvements. Bonds issued under 6,754
section 133.51 of the Revised Code for purposes other than 6,755
permanent improvements shall have such maturities, not to exceed 6,756
forty years, as the taxing authority shall specify. 6,757
(D) Securities issued under section 505.265 or 717.07 of 6,760
the Revised Code shall mature not later than December 31, 2035. 6,761
(E) A securities issue for one purpose may include 6,763
permanent improvements within two or more categories under 6,764
divisions (B) and (C) of this section. The maximum maturity of 6,765
such a bond issue shall not exceed the average number of years of 6,766
life or period of usefulness of the permanent improvements as 6,767
measured by the weighted average of the amounts expended or 6,768
proposed to be expended for the categories of permanent 6,769
improvements. 6,770
Sec. 135.63. The treasurer of state may invest in linked 6,779
deposits under sections 135.61 to 135.67 and, agricultural linked 6,780
deposits under sections 135.71 to 135.76, AND ASSISTIVE 6,782
TECHNOLOGY DEVICE LINKED DEPOSITS UNDER SECTIONS 135.91 TO 135.97 6,783
of the Revised Code, provided that at the time of placement of 6,785
any linked deposit or UNDER SECTIONS 135.61 TO 135.67 OF THE 6,786
REVISED CODE, agricultural linked deposit, OR ASSISTIVE
TECHNOLOGY DEVICE LINKED DEPOSITS, the combined amount of 6,787
investments in THE linked deposits and, agricultural linked 6,789
deposits, AND ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS is not 6,790
more than twelve per cent of the state's total average investment 6,791
160
portfolio as determined by the treasurer of state. When deciding 6,792
whether to invest in THE linked deposits and, agricultural linked 6,793
deposits, OR ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS, the 6,794
treasurer of state shall give priority to the investment, 6,796
liquidity, and cash flow needs of the state.
Sec. 135.91. AS USED IN SECTIONS 135.91 TO 135.97 OF THE 6,798
REVISED CODE:
(A) "ASSISTIVE TECHNOLOGY DEVICE" MEANS ANY ITEM, PIECE OF 6,800
EQUIPMENT, OR PRODUCT SYSTEM, WHETHER ACQUIRED COMMERCIALLY, 6,801
MODIFIED, OR CUSTOMIZED, THAT IS USED TO INCREASE, MAINTAIN, OR 6,802
IMPROVE THE FUNCTIONAL CAPABILITIES OF AN INDIVIDUAL WITH A 6,803
DISABILITY. "ASSISTIVE TECHNOLOGY DEVICE OR DEVICES" INCLUDES, 6,804
BUT IS NOT LIMITED TO, HEARING AIDS, TEXT TELEPHONES, COMPUTER 6,805
TALKING SOFTWARE, BRAILLE PRINTERS, OPTICAL SCANNERS, CLOSED
CIRCUIT TELEVISION, MANUAL OR MOTORIZED WHEELCHAIRS, AND HOME AND 6,806
VAN MODIFICATIONS.
(B) "DISABILITY" HAS THE SAME MEANING AS IN THE "AMERICANS 6,809
WITH DISABILITIES ACT OF 1990," 104 STAT. 327, 42 U.S.C. 12101. 6,810
(C) "ELIGIBLE INDIVIDUAL WITH A DISABILITY" MEANS ANY OF 6,812
THE FOLLOWING: 6,813
(1) AN INDIVIDUAL WITH A DISABILITY WHO IS A RESIDENT OF 6,815
THIS STATE AND WHOSE INDEPENDENCE AND QUALITY OF LIFE WOULD BE 6,816
IMPROVED BY AN ASSISTIVE TECHNOLOGY DEVICE; 6,817
(2) AN INDIVIDUAL WITH A DISABILITY WHO CANNOT SECURE 6,819
FUNDING THROUGH GOVERNMENTAL SOURCES, PRIVATE INSURANCE, OR OTHER 6,820
MEANS TO OBTAIN ASSISTIVE TECHNOLOGY DEVICES THAT WILL ENABLE 6,821
THAT INDIVIDUAL TO LIVE INDEPENDENTLY AND ENHANCE THAT 6,822
INDIVIDUAL'S EMPLOYMENT OPPORTUNITIES;
(3) A PARENT, CUSTODIAN, OR GUARDIAN WHO APPLIES FOR A 6,824
LOAN AS PROVIDED IN SECTION 135.93 OF THE REVISED CODE ON BEHALF 6,825
OF AN INDIVIDUAL DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. 6,826
(D) "ELIGIBLE LENDING INSTITUTION" MEANS A FINANCIAL 6,828
INSTITUTION THAT IS ELIGIBLE TO MAKE LOANS, IS A PUBLIC 6,829
DEPOSITORY OF STATE FUNDS UNDER SECTION 135.03 OF THE REVISED 6,830
161
CODE, AND AGREES TO PARTICIPATE IN THE ASSISTIVE TECHNOLOGY
DEVICE LINKED DEPOSIT PROGRAM. 6,831
(E) "ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT" MEANS A 6,833
CERTIFICATE OF DEPOSIT PLACED BY THE TREASURER OF STATE WITH AN 6,834
ELIGIBLE LENDING INSTITUTION AT UP TO THREE PER CENT BELOW 6,835
CURRENT MARKET RATES, AS DETERMINED AND CALCULATED BY THE 6,836
TREASURER OF STATE, PROVIDED THE INSTITUTION AGREES TO LEND THE 6,837
VALUE OF THE DEPOSIT, ACCORDING TO THE DEPOSIT AGREEMENT REQUIRED 6,838
BY SECTION 135.92 OF THE REVISED CODE, TO ELIGIBLE INDIVIDUALS
WITH DISABILITIES AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,839
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,840
DISABILITY AT THE TIME OF THE DEPOSIT OF STATE FUNDS IN THE 6,841
INSTITUTION.
Sec. 135.92. (A) AN ELIGIBLE LENDING INSTITUTION SHALL 6,843
ENTER INTO A DEPOSIT AGREEMENT WITH THE TREASURER OF STATE, WHICH 6,844
AGREEMENT SHALL INCLUDE REQUIREMENTS NECESSARY TO CARRY OUT THE 6,845
PURPOSES OF SECTIONS 135.91 TO 135.97 OF THE REVISED CODE. THESE 6,846
REQUIREMENTS SHALL REFLECT THE MARKET CONDITIONS PREVAILING IN 6,847
THE ELIGIBLE LENDING INSTITUTION'S LENDING AREA.
(B)(1) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF 6,849
THIS SECTION SHALL INCLUDE PROVISIONS FOR CERTIFICATES OF DEPOSIT 6,850
TO BE PLACED FOR ANY MATURITY CONSIDERED APPROPRIATE BY THE 6,851
TREASURER OF STATE NOT TO EXCEED TWO YEARS, BUT MAY BE RENEWED 6,852
FOR UP TO AN ADDITIONAL TWO YEARS AT THE OPTION OF THE TREASURER 6,853
OF STATE. INTEREST SHALL BE PAID AT THE TIMES DETERMINED BY THE 6,854
TREASURER OF STATE.
(2) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF THIS 6,856
SECTION MAY INCLUDE A SPECIFICATION OF THE PERIOD OF TIME IN 6,857
WHICH THE LENDING INSTITUTION IS TO LEND FUNDS UPON THE PLACEMENT 6,858
OF A LINKED DEPOSIT.
(C) ELIGIBLE LENDING INSTITUTIONS SHALL COMPLY FULLY WITH 6,860
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE AND WITH THIS 6,861
CHAPTER.
Sec. 135.93. (A) AN ELIGIBLE LENDING INSTITUTION THAT 6,863
162
DESIRES TO RECEIVE AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT 6,864
SHALL ACCEPT AND REVIEW APPLICATIONS FOR LOANS FROM ELIGIBLE 6,865
INDIVIDUALS WITH DISABILITIES. THE LENDING INSTITUTION SHALL 6,866
APPLY ALL USUAL LENDING STANDARDS TO DETERMINE THE
CREDITWORTHINESS OF EACH ELIGIBLE INDIVIDUAL WITH A DISABILITY. 6,867
(B)(1) THE ELIGIBLE FINANCIAL INSTITUTION SHALL FORWARD TO 6,869
THE TREASURER OF STATE AN ASSISTIVE TECHNOLOGY DEVICE LINKED 6,870
DEPOSIT LOAN PACKAGE, IN THE FORM AND MANNER AS PRESCRIBED BY THE 6,871
TREASURER OF STATE.
(2) THE PACKAGE REQUIRED BY DIVISION (B)(1) OF THIS 6,873
SECTION SHALL INCLUDE SUCH INFORMATION AS REQUIRED BY THE 6,874
TREASURER OF STATE, INCLUDING THE AMOUNT OF THE LOAN REQUESTED 6,875
AND A NOTE FROM THE PHYSICIAN OF THE ELIGIBLE INDIVIDUAL WITH A 6,876
DISABILITY THAT ATTESTS TO THE INDIVIDUAL'S DISABILITY, SPECIFIES 6,877
THAT THE INDIVIDUAL WOULD BENEFIT FROM AN ASSISTIVE TECHNOLOGY 6,878
DEVICE, AND IDENTIFIES WHAT ASSISTIVE TECHNOLOGY DEVICE WOULD BE 6,879
THE MOST APPROPRIATE FOR THE INDIVIDUAL.
(3) THE INSTITUTION SHALL CERTIFY THAT EACH APPLICANT IS 6,881
AN ELIGIBLE INDIVIDUAL WITH A DISABILITY, AND SHALL CERTIFY THE 6,882
PRESENT BORROWING RATE APPLICABLE TO EACH ELIGIBLE INDIVIDUAL. 6,883
(C) AN ELIGIBLE INDIVIDUAL WITH A DISABILITY SHALL CERTIFY 6,885
ON THE INDIVIDUAL'S LOAN APPLICATION THAT THE REDUCED RATE LOAN 6,886
WILL BE USED EXCLUSIVELY TO OBTAIN AN ASSISTIVE TECHNOLOGY 6,887
DEVICE.
(D) WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN OR 6,889
CONCERNING AN INDIVIDUAL'S APPLICATION FOR A LOAN UNDER SECTIONS 6,890
135.91 TO 135.97 OF THE REVISED CODE IS GUILTY OF THE OFFENSE OF 6,891
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE.
Sec. 135.94. (A) UPON THE PLACEMENT OF AN ASSISTIVE 6,893
TECHNOLOGY DEVICE LINKED DEPOSIT WITH AN ELIGIBLE LENDING 6,894
INSTITUTION, THE INSTITUTION SHALL LEND FUNDS TO EACH APPROVED 6,895
ELIGIBLE INDIVIDUAL WITH DISABILITIES LISTED IN THE ASSISTIVE 6,896
TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE REQUIRED BY SECTION 6,897
135.93 OF THE REVISED CODE AND IN ACCORDANCE WITH THE DEPOSIT
163
AGREEMENT REQUIRED BY SECTION 135.92 OF THE REVISED CODE. 6,898
(B) THE LOAN OF FUNDS DESCRIBED IN DIVISION (A) OF THIS 6,900
SECTION SHALL BE AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,901
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,902
DISABILITY.
(C) AN ELIGIBLE LENDING INSTITUTION SHALL CERTIFY 6,904
COMPLIANCE WITH THIS SECTION IN THE FORM AND MANNER PRESCRIBED BY 6,905
THE TREASURER OF STATE.
Sec. 135.95. (A) THE TREASURER OF STATE MAY ACCEPT OR 6,907
REJECT AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE 6,908
OR ANY PORTION OF THE PACKAGE REQUIRED BY SECTION 135.93 OF THE 6,909
REVISED CODE, BASED ON THE TREASURER'S EVALUATION OF EACH 6,910
ELIGIBLE INDIVIDUAL WITH DISABILITIES INCLUDED IN THE PACKAGE AND
THE AMOUNT OF STATE FUNDS TO BE DEPOSITED. 6,911
(B) UPON ACCEPTANCE OF THE ASSISTIVE TECHNOLOGY DEVICE 6,913
LINKED DEPOSIT LOAN PACKAGE OR ANY PORTION OF THE PACKAGE 6,914
REQUIRED BY SECTION 135.93 OF THE REVISED CODE, THE TREASURER OF 6,915
STATE MAY PLACE CERTIFICATES OF DEPOSIT WITH THE ELIGIBLE LENDING 6,916
INSTITUTION AT THREE PER CENT BELOW CURRENT MARKET RATES, AS
DETERMINED AND CALCULATED BY THE TREASURER OF STATE. HOWEVER, 6,917
WHEN NECESSARY, THE TREASURER OF STATE MAY PLACE CERTIFICATES OF 6,918
DEPOSIT PRIOR TO ACCEPTANCE OF AN ASSISTIVE TECHNOLOGY DEVICE 6,919
LINKED DEPOSIT LOAN PACKAGE.
Sec. 135.96. (A) THE TREASURER OF STATE SHALL TAKE ALL 6,921
STEPS, INCLUDING THE DEVELOPMENT OF GUIDELINES, NECESSARY TO 6,922
IMPLEMENT THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT PROGRAM 6,923
ESTABLISHED UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE 6,924
AND MONITOR COMPLIANCE OF ELIGIBLE LENDING INSTITUTIONS AND
ELIGIBLE INDIVIDUALS WITH DISABILITIES. 6,925
(B)(1) ANNUALLY, BY THE FIRST DAY OF FEBRUARY, THE 6,927
TREASURER OF STATE SHALL REPORT ON THE ASSISTIVE TECHNOLOGY 6,928
DEVICE LINKED DEPOSIT PROGRAM ESTABLISHED UNDER SECTIONS 135.91 6,929
TO 135.97 OF THE REVISED CODE FOR THE PRECEDING CALENDAR YEAR TO 6,930
THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND 6,931
164
THE PRESIDENT OF THE SENATE.
(2) THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS SECTION 6,933
SHALL SET FORTH THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS 6,934
MADE BY THE TREASURER OF STATE UNDER THE PROGRAM DURING THE YEAR 6,935
AND SHALL INCLUDE INFORMATION REGARDING BOTH OF THE FOLLOWING: 6,936
(a) THE NATURE, TERMS, AND AMOUNTS OF THE LOANS UPON WHICH 6,938
THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS WERE BASED; 6,939
(b) THE ELIGIBLE INDIVIDUALS WITH DISABILITIES TO WHOM THE 6,941
LOANS WERE MADE. 6,942
(3) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL 6,944
TRANSMIT COPIES OF THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS 6,945
SECTION TO THE CHAIRPERSON OF THE STANDING HOUSE OF 6,946
REPRESENTATIVES COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION 6,947
REGARDING HUMAN SERVICES, AND THE PRESIDENT OF THE SENATE SHALL 6,948
TRANSMIT COPIES OF THE REPORT TO THE CHAIRPERSON OF THE STANDING 6,949
SENATE COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION REGARDING
HUMAN SERVICES. 6,950
Sec. 135.97. (A) THE STATE AND THE TREASURER OF STATE ARE 6,952
NOT LIABLE TO ANY ELIGIBLE LENDING INSTITUTION IN ANY MANNER FOR 6,953
PAYMENT OF THE PRINCIPAL OR INTEREST ON A LOAN MADE UNDER 6,954
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE TO AN ELIGIBLE 6,955
INDIVIDUAL WITH A DISABILITY.
(B) ANY DELAY IN PAYMENTS OR DEFAULT ON THE PART OF AN 6,957
ELIGIBLE INDIVIDUAL WITH A DISABILITY WITH RESPECT TO A LOAN MADE 6,958
UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE DOES NOT IN 6,959
ANY MANNER AFFECT THE DEPOSIT AGREEMENT BETWEEN THE ELIGIBLE 6,960
LENDING INSTITUTION AND THE TREASURER OF STATE.
Sec. 149.30. The Ohio historical society, chartered by 6,970
this state as a corporation not for profit to promote a knowledge 6,971
of history and archaeology, especially of Ohio, and operated 6,972
continuously in the public interest since 1885, may perform 6,973
public functions as prescribed by law. 6,974
The general assembly may appropriate money to the Ohio 6,976
historical society each biennium to carry out the public 6,977
165
functions of the society as enumerated in this section. An 6,978
appropriation by the general assembly to the society constitutes 6,979
an offer to contract with the society to carry out those public 6,980
functions for which appropriations are made. An acceptance by 6,981
the society of the appropriated funds constitutes an acceptance 6,982
by the society of the offer and is considered an agreement by the 6,983
society to perform those functions in accordance with the terms 6,984
of the appropriation and the law and to expend the funds only for 6,985
the purposes for which appropriated. The governor may request on 6,986
behalf of the society, and the controlling board may release, 6,987
additional funds to the society for survey, salvage, repair, or 6,988
rehabilitation of an emergency nature for which funds have not 6,989
been appropriated, and acceptance by the society of such moneys 6,990
THOSE FUNDS constitutes an agreement on the part of the society 6,991
to expend such THOSE funds only for the purpose for which 6,993
released by the controlling board. 6,994
The society shall faithfully expend and apply all moneys 6,996
received from the state to the uses and purposes directed by law 6,997
and for necessary administrative expenses. The society shall 6,998
perform the public function of sending notice by certified mail 6,999
to the owner of any property at the time it is listed on the 7,000
national register of historic places. The society shall 7,001
accurately record all expenditures of such funds in conformity 7,002
with generally accepted accounting principles. 7,003
The auditor of state shall audit all funds and fiscal 7,005
records of the society. 7,006
The public functions to be performed by the Ohio historical 7,008
society shall include ALL OF THE FOLLOWING: 7,009
(A) Creating, supervising, operating, protecting, 7,011
maintaining, and promoting for public use a system of state 7,012
memorials, titles to which may reside wholly or in part with this 7,013
state or wholly or in part with the society as provided in and in 7,014
conformity to appropriate acts and resolves of the general 7,015
assembly, and leasing for renewable periods of two years or less, 7,016
166
with the advice and consent of the attorney general and the 7,017
director of administrative services, lands and buildings owned by 7,018
the state which are in the care, custody, and control of the 7,019
society, all of which shall be maintained and kept for public use 7,020
at reasonable hours; 7,021
(B) Making alterations and improvements, marking, and 7,023
constructing, reconstructing, protecting, or restoring 7,024
structures, earthworks, and monuments in its care, and equipping 7,025
such facilities with appropriate educational maintenance 7,026
facilities; 7,027
(C) Serving as the archives administration for the state 7,029
and its political subdivisions as provided in sections 149.31 to 7,030
149.42 of the Revised Code; 7,031
(D) Administering a state historical museum, to be the 7,033
headquarters of the society and its principal museum and library, 7,034
which shall be maintained and kept for public use at reasonable 7,035
hours; 7,036
(E) Establishing a marking system to identify all 7,038
designated historic and archaeological sites within the state and 7,039
marking or causing to be marked historic sites and communities 7,040
considered by the society to be historically or archaeologically 7,041
significant; 7,042
(F) Publishing books, pamphlets, periodicals, and other 7,044
publications about history, archaeology, and natural science and 7,045
supplying one copy of each regular periodical issue to all public 7,046
libraries in this state without charge; 7,047
(G) Engaging in research in history, archaeology, and 7,049
natural science and providing historical information upon request 7,050
to all state agencies; 7,051
(H) Collecting, preserving, and making available by all 7,053
appropriate means and under approved safeguards all manuscript, 7,054
print, or near-print library collections and all historical 7,055
objects, specimens, and artifacts which pertain to the history of 7,056
Ohio and its people, including the following original documents: 7,057
167
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 7,058
Ohio Constitution of 1875; design and the letters of patent and 7,059
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 7,060
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 7,061
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 7,062
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 7,063
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 7,064
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 7,065
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 7,066
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 7,067
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 7,068
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 7,069
(1947); 7,070
(I) Encouraging and promoting the organization and 7,072
development of county and local historical societies; 7,073
(J) Providing Ohio schools with such materials at cost or 7,075
near cost as the society may prepare to facilitate the 7,076
instruction of Ohio history; 7,077
(K) Providing advisory and technical assistance to local 7,079
societies for the preservation and restoration of historic and 7,080
archaeological sites; 7,081
(L) Devising uniform criteria for the designation of 7,083
historic and archaeological sites throughout the state and 7,084
advising local historical societies of the criteria and their 7,085
application; 7,086
(M) Taking inventory, in cooperation with the Ohio arts 7,088
council, the Ohio archaeological council, and the archaeological 7,089
society of Ohio, of significant designated and undesignated state 7,090
and local sites and keeping an active registry of all designated 7,091
sites within the state; 7,092
(N) Contracting with the owners or persons having an 7,094
interest in designated historic or archaeological sites or 7,095
property adjacent or contiguous to such THOSE sites, or 7,096
acquiring, by purchase, gift, or devise, easements in such THOSE 7,098
168
sites or in property adjacent or contiguous to such THOSE sites, 7,100
in order to control or restrict the use of such THOSE historic or 7,102
archaeological sites or adjacent or contiguous property for the 7,104
purpose of restoring or preserving the historical or 7,105
archaeological significance or educational value of such THOSE 7,106
sites;
(O) Constructing a monument honoring Governor James A. 7,108
Rhodes, which shall stand on the northeast quadrant of the 7,109
grounds surrounding the capitol building. The monument shall be 7,110
constructed with private funds donated to the Ohio historical 7,111
society and designated for this purpose. No public funds shall 7,112
be expended to construct this monument. The department of 7,113
administrative services shall cooperate with the Ohio historical 7,114
society in carrying out this function and shall maintain the 7,115
monument in a manner compatible with the grounds of the capitol 7,116
building. 7,117
(P) COMMISSIONING A PORTRAIT OF EACH DEPARTING GOVERNOR, 7,119
WHICH SHALL BE DISPLAYED IN THE CAPITOL BUILDING. THE OHIO 7,120
HISTORICAL SOCIETY MAY ACCEPT PRIVATE CONTRIBUTIONS DESIGNATED 7,121
FOR THIS PURPOSE AND, AT THE DISCRETION OF ITS BOARD OF TRUSTEES, 7,122
ALSO MAY APPLY FOR THE SAME PURPOSE FUNDS APPROPRIATED BY THE 7,123
GENERAL ASSEMBLY TO THE SOCIETY PURSUANT TO THIS SECTION.
(Q) Planning and developing a center at the capitol 7,125
building for the purpose of educating visitors about the history 7,126
of ohio OHIO, including its political, economic, and social 7,127
development and the design and erection of the capitol building 7,128
and its grounds. The Ohio historical society may accept 7,129
contributions of private moneys and in-kind services designated 7,130
for this purpose and may, at the discretion of its board of 7,131
trustees, also apply, for the same purpose, personnel and other 7,132
resources paid in whole or in part by its state subsidy. 7,133
(Q)(R) Submitting an annual report of its activities, 7,135
programs, and operations to the governor within two months after 7,136
the close of each fiscal year of the state. 7,137
169
The society shall not sell, mortgage, transfer, or dispose 7,139
of historical or archaeological sites to which it has title and 7,140
in which the state has monetary interest except by action of the 7,141
general assembly. 7,142
In consideration of the public functions performed by the 7,144
Ohio historical society for the state, employees of the society 7,145
shall be considered public employees within the meaning of 7,146
section 145.01 of the Revised Code. 7,147
Sec. 159.03. The consent of the state is given, in 7,157
accordance with clause 17, Section 8, Article I, United States 7,158
Constitution, to the acquisition, between AFTER May 6, 1902, and 7,160
the effective date of this amendment, by the United States, by 7,161
purchase, condemnation, LEASE, or otherwise, of any land in this 7,162
state required for sites for custom houses, courthouses, 7,164
CORRECTIONAL INSTITUTIONS, post-offices, arsenals, or other 7,166
public buildings whatever, or for any other purposes of the 7,167
government. On and after the effective date of this amendment, 7,168
the consent of the state is given, in accordance with clause 17, 7,169
Section 8, Article I, United States Constitution, to the 7,170
acquisition by the United States by purchase, condemnation, or 7,171
otherwise, of any land in this state required for sites for 7,172
national parks, national monuments, or national recreational 7,173
areas provided acquisition of such land commenced prior to the 7,174
effective date of this amendment. 7,175
Sec. 159.04. (A) Exclusive OR CONCURRENT jurisdiction in 7,184
and over any land acquired by the United States under section 7,185
159.03 of the Revised Code is hereby ceded to the United States, 7,186
for all purposes except the service upon such sites of all civil 7,187
and criminal process of the courts of this state. The 7,188
jurisdiction so ceded shall continue no longer than the said 7,189
United States owns OR HOLDS LEGAL INTEREST IN such lands. 7,190
(B) The governor may accept, on behalf of the state, 7,192
retrocession of full or partial jurisdiction over any roads, 7,193
highways, or other lands in federal enclaves where the 7,194
170
appropriate federal authority offers the retrocession. The 7,195
governor shall deliver the documents executed by the federal 7,196
authority and the governor concurring in the retrocession, for 7,197
recording, to the office of the recorder of the county in which 7,198
the lands are located. 7,199
(C) THE GRANTING OF EXCLUSIVE OR CONCURRENT JURISDICTION 7,201
TO THE UNITED STATES PURSUANT TO DIVISION (A) OF THIS SECTION 7,203
SHALL TAKE EFFECT ONLY UPON THE GRANTING OF EITHER FORM OF 7,204
JURISDICTION BY THE GOVERNOR TO THE UNITED STATES AND THE 7,205
ACCEPTANCE OF EITHER FORM OF JURISDICTION BY THE UNITED STATES. 7,207
(D) NOTHING IN THIS SECTION IS INTENDED TO MODIFY, REVOKE, 7,209
OR IN ANY WAY AFFECT ANY PRIOR GRANT OF JURISDICTION BY THE STATE 7,210
TO THE UNITED STATES THAT WAS MADE PRIOR TO THE EFFECTIVE DATE OF 7,211
THIS AMENDMENT. 7,212
Sec. 166.03. (A) There is hereby created the facilities 7,221
establishment fund within the state treasury, consisting of 7,222
proceeds from the issuance of obligations as specified under 7,223
section 166.08 of the Revised Code; the moneys received by the 7,224
state from the sources specified in section 166.09 of the Revised 7,225
Code; service charges imposed under sections 166.06 and 166.07 of 7,226
the Revised Code; any grants, gifts, or contributions of moneys 7,227
received by the director of development to be used for loans made 7,228
under section 166.07 of the Revised Code or for the payment of 7,229
the allowable costs of project facilities; and all other moneys 7,230
appropriated or transferred to the fund. Moneys in the loan 7,231
guarantee fund in excess of four per cent of the unpaid principal 7,232
amount of loan repayments guaranteed under section 166.06 of the 7,233
Revised Code, but subject to the provisions and requirements of 7,234
any guarantee contracts, may be transferred to the facilities 7,235
establishment fund by the treasurer of state upon the order of 7,236
the director of development. Moneys received by the state under 7,237
Chapter 122. of the Revised Code, to the extent allocable to the 7,238
utilization of moneys derived from proceeds of the sale of 7,239
obligations pursuant to section 166.08 of the Revised Code, shall 7,240
171
be credited to the facilities establishment fund. 7,241
(B) All moneys appropriated or transferred to the 7,243
facilities establishment fund may be released at the request of 7,244
the director for payment of allowable costs or the making of 7,245
loans under this chapter, for transfer to the loan guarantee fund 7,246
established in section 166.06 of the Revised Code, or for use for 7,247
the purpose of or transfer to the funds established by sections 7,249
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 7,251
UNTIL JULY 1, 2001, SECTION 166.031 of the Revised Code, but only 7,252
for such of those purposes as are within the authorization of 7,254
Section 13 of Article VIII, Ohio Constitution, in all cases 7,255
subject to the approval of the controlling board. 7,256
(C) Moneys transferred to the facilities establishment 7,258
fund under section 3734.82 of the Revised Code shall be used 7,259
exclusively for eligible projects that recover or recycle energy 7,260
from scrap tires, as "scrap tires" is defined in section 3734.01 7,261
of the Revised Code, for any of the following purposes: 7,262
(1) Making loans under this chapter; 7,264
(2) Making grants; 7,266
(3) Providing other incentives, including, without 7,268
limitation, entering into contracts with private entities to 7,269
conduct environmental studies or tests for eligible projects that 7,270
propose to recover energy from scrap tires. 7,271
The director shall adopt rules under division (B)(9) of 7,273
section 166.02 of the Revised Code for the purpose of 7,274
administering this division. 7,275
(D) The department of development, in the administration 7,277
of the facilities establishment fund, is encouraged to utilize 7,278
and promote the utilization of, to the maximum practicable 7,279
extent, the other existing programs, business incentives, and tax 7,280
incentives that department is required or authorized to 7,281
administer or supervise. 7,282
Sec. 166.032. (A) THERE IS HEREBY CREATED IN THE STATE 7,285
172
TREASURY THE SCRAP TIRE LOANS AND GRANTS FUND, CONSISTING OF 7,287
MONEYS TRANSFERRED TO THE FUND UNDER SECTION 3734.82 OF THE 7,289
REVISED CODE. MONEYS SHALL BE USED EXCLUSIVELY FOR ELIGIBLE 7,291
PROJECTS THAT RECOVER, USE, OR RECYCLE ENERGY FROM SCRAP TIRES, 7,293
AS "SCRAP TIRES" IS DEFINED IN SECTION 3734.01 OF THE REVISED 7,294
CODE, OR FOR ELIGIBLE PROJECTS THAT REMOVE SCRAP TIRES FROM BEING 7,296
DISPOSED OF AS SOLID WASTE UNDER CHAPTER 3734. OF THE REVISED 7,297
CODE, FOR ANY OF THE FOLLOWING PURPOSES:
(1) MAKING LOANS UNDER THIS CHAPTER; 7,299
(2) MAKING GRANTS; 7,301
(3) PROVIDING OTHER INCENTIVES, INCLUDING, WITHOUT 7,303
LIMITATION, ENTERING INTO CONTRACTS WITH PRIVATE ENTITIES TO 7,304
CONDUCT ENVIRONMENTAL STUDIES OR TESTS FOR ELIGIBLE PROJECTS THAT 7,305
PROPOSE TO RECOVER ENERGY FROM SCRAP TIRES. 7,306
(B) THE DIRECTOR OF DEVELOPMENT SHALL ADOPT RULES UNDER 7,308
DIVISION (B)(9) OF SECTION 166.02 OF THE REVISED CODE FOR THE 7,310
PURPOSE OF ADMINISTERING THIS SECTION. 7,311
Sec. 166.05. (A) In determining the projects to be 7,320
assisted and the nature, amount, and terms of assistance to be 7,321
provided for an eligible project under this chapter: 7,322
(1) Except as otherwise provided in division (A)(3) of 7,324
this section, the director of development shall take into 7,325
consideration all of the following: 7,326
(a) The number of jobs to be created or preserved, 7,328
directly or indirectly; 7,329
(b) Payrolls, and the taxes generated, at both state and 7,331
local levels, by the eligible project and by the employment 7,332
created or preserved by the eligible project; 7,333
(c) The size, nature, and cost of the eligible project, 7,335
including the prospect of the project for providing long-term 7,336
jobs in enterprises consistent with the changing economics of the 7,337
state and the nation; 7,338
(d) The needs, and degree of needs, of the area in which 7,340
the eligible project is to be located; 7,341
173
(e) The needs of any private sector enterprise to be 7,343
assisted; 7,344
(f) The competitive effect of the assistance on other 7,346
enterprises providing jobs for people of the state; 7,347
(g) The amount and kind of assistance, if any, to be 7,349
provided to the private sector enterprise by other governmental 7,350
agencies through tax exemption or abatement, financing assistance 7,351
with industrial development bonds, and otherwise, with respect to 7,352
the eligible project; 7,353
(h) The impact of the eligible project and its operations 7,355
on local government services, including school services, and on 7,356
public facilities; 7,357
(i) The effect of the assistance on the loss of or damage 7,359
to or destruction of prime farmland, or the removal from 7,360
agricultural production of prime farmland. As used in this 7,361
section, "prime farmland" means agricultural land that meets the 7,362
criteria for this classification as defined by the United States 7,363
soil conservation service. 7,364
(j) The length of time the operator of the project has 7,366
been operating facilities within the state; 7,367
(k) The reservation of financial assistance made by the 7,369
general assembly for small business concerns. 7,370
(2) The benefits to the local area, including taxes, jobs, 7,372
and reduced unemployment and reduced welfare costs, among others, 7,373
may be accorded value in the leasing or sales of project 7,374
facilities and in loan and guarantee arrangements. 7,375
(3) For the purpose of making the determination required 7,377
under division (A) of this section for loans, grants, or other 7,378
incentives for eligible projects under division (C) of section 7,379
166.03 of the Revised Code, the director may consider factors 7,380
different from and in lieu of those established in divisions 7,381
(A)(1)(a) to (k) of this section as provided in rules adopted 7,382
pursuant to division (C) of section 166.03 of the Revised Code. 7,383
(B) Prior to granting final approval of the assistance to 7,385
174
be provided, the director shall determine that the benefits to be 7,387
derived by the state and local area from the establishment or 7,388
development, and operation, of the eligible project will exceed 7,389
the cost of providing such assistance and, except as provided in 7,390
division (C)(2) of this section, shall submit to the development 7,392
financing advisory council and to the controlling board a copy of 7,394
that determination including the basis for the determination. 7,395
(C)(1) Except as provided in division (C)(2) of this 7,398
section, prior to the submission provided for in division (B) of 7,400
this section to the controlling board, the director shall submit 7,401
to the development financing advisory council data pertinent to 7,403
the considerations set forth in division (A) of this section, the 7,404
terms of the proposed assistance, and such other relevant
information as the development financing advisory council may 7,406
request. 7,407
(2) The director is not required to submit any 7,409
determination, data, terms, or other application materials or 7,410
information to the development financing advisory council when 7,411
provision of the assistance has been recommended to the director 7,413
by a regional economic development entity.
(D) The development financing advisory council, on the 7,415
basis of such data, shall make recommendations as to the 7,417
appropriateness of the assistance to be provided. The 7,418
recommendations may be revised to reflect any changes in the 7,419
proposed assistance as the director may submit to the council. 7,421
The recommendations, as amended, of the council as to the 7,422
appropriateness of the proposed assistance shall be submitted to 7,423
the controlling board. 7,424
(E) Financial statements and other data submitted to the 7,426
director of development, the development financing advisory 7,427
council, or the controlling board by any private sector person in 7,429
connection with financial assistance under this chapter, or any 7,430
information taken from such statements or data for any purpose, 7,431
shall not be open to public inspection. The development 7,432
175
financing advisory council in considering confidential 7,433
information in connection with financial assistance under this 7,435
chapter may, only for consideration of the confidential 7,436
information referred to, and in the manner provided in division 7,437
(E) of section 121.22 of the Revised Code, close the meeting 7,438
during such consideration.
Sec. 167.03. (A) The council shall have the power to DO 7,447
ALL OF THE FOLLOWING: 7,448
(1) Study such area governmental problems common to two or 7,450
more members of the council as it deems appropriate, including 7,451
but not limited to, matters affecting health, safety, welfare, 7,452
education, economic conditions, and regional development; 7,453
(2) Promote cooperative arrangements and coordinate action 7,455
among its members, and between its members and other agencies of 7,456
local or state governments, whether or not within Ohio THIS 7,458
STATE, and the federal government; 7,459
(3) Make recommendations for review and action to the 7,461
members and other public agencies that perform functions within 7,462
the region; 7,463
(4) Promote cooperative agreements and contracts among its 7,465
members or other governmental agencies and private persons, 7,466
corporations, or agencies; 7,467
(5) Perform planning directly by personnel of the council, 7,469
or under contracts between the council and other public or 7,470
private planning agencies. 7,471
(B) The council may DO ALL OF THE FOLLOWING: 7,473
(1) Review, evaluate, comment upon, and make 7,475
recommendations, relative to the planning and programming, and 7,476
the location, financing, and scheduling, of public facility 7,477
projects within the region and affecting the development of the 7,478
area; 7,479
(2) Act as an areawide agency to perform comprehensive 7,481
planning for the programming, locating, financing, and scheduling 7,482
of public facility projects within the region and affecting the 7,483
176
development of the area and for other proposed land development 7,484
or uses, which projects or uses have public metropolitan wide or 7,485
interjurisdictional significance; 7,486
(3) Act as an agency for coordinating, based on 7,488
metropolitan wide comprehensive planning and programming, local 7,489
public policies, and activities affecting the development of the 7,490
region or area; 7,491
(4) ACQUIRE REAL AND PERSONAL PROPERTY TO BE USED BY OR 7,493
FOR THE BENEFIT OF ONE OR MORE OF ITS MEMBERS. THE PROPERTY MAY 7,494
BE PURCHASED BY ANY OF THE FOLLOWING MEANS: 7,495
(a) CASH; 7,497
(b) INSTALLMENT PAYMENTS WITH OR WITHOUT A MORTGAGE; 7,499
(c) LEASE-PURCHASE AGREEMENT; 7,501
(d) LEASE WITH AN OPTION TO PURCHASE; 7,503
(e) FROM THE PROCEEDS OF THE ISSUANCE OF REVENUE 7,505
SECURITIES BY THE COUNCIL, INCLUDING REFUNDING SECURITIES, WHICH 7,507
ISSUANCE IS AUTHORIZED PURSUANT TO DIVISION (B)(4)(e) OF THIS 7,508
SECTION. REVENUE SECURITIES ISSUED UNDER DIVISION (B)(4)(e) OF 7,509
THIS SECTION ARE NOT GENERAL OBLIGATIONS OF THIS STATE, THE 7,510
COUNCIL, ANY OF THE COUNCIL'S MEMBERS, OR ANY POLITICAL 7,511
SUBDIVISION OF THIS STATE. THE REVENUE SECURITIES SO ISSUED 7,512
SHALL BE SECURED ONLY BY A PLEDGE OF AND LIEN ON THE REVENUE OF 7,513
THE COUNCIL, WHETHER DERIVED FROM AGREEMENTS WITH ITS MEMBERS AND
OTHER PERSONS OR DERIVED FROM ITS OWNERSHIP OR OPERATION OF ANY 7,514
PROPERTY FINANCED WITH THE PROCEEDS OF ITS SECURITIES, INCLUDING 7,515
AVAILABLE RATES, CHARGES, RENTS, INTEREST SUBSIDIES, DEBT 7,516
CHARGES, GRANTS, OR PAYMENTS BY FEDERAL OR STATE AGENCIES, AND 7,517
THE COVENANTS OF THE COUNCIL TO MAINTAIN RENTALS, RATES, AND 7,518
CHARGES TO PRODUCE REVENUE SUFFICIENT TO PAY ALL CURRENT EXPENSES 7,519
OF THE PROPERTY PAYABLE BY THE COUNCIL, TO PAY THE DEBT CHARGES
ON THE SECURITIES, TO ESTABLISH AND MAINTAIN ANY CONTRACTUALLY 7,520
REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES OR THE 7,521
PROPERTY, AND, IF THE SECURITIES ARE ANTICIPATORY SECURITIES, TO 7,522
ISSUE THE REVENUE SECURITIES IN ANTICIPATION OF THE ISSUANCE OF 7,523
177
WHICH THE SECURITIES ARE ISSUED. THE REVENUE SECURITIES SO
ISSUED ALSO MAY BE SECURED BY A PLEDGE OF AND LIEN ON THE 7,524
PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR REFUND THOSE REVENUE 7,525
SECURITIES.
THE OFFICERS AUTHORIZED BY THE COUNCIL SHALL EXECUTE THE 7,527
NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, THE REVENUE 7,528
SECURITIES SO ISSUED, TRUST AGREEMENTS, LEASES, AND OTHER 7,529
FINANCING DOCUMENTS, TO PROVIDE FOR THE PLEDGE, PROTECTION, AND 7,530
DISPOSITION OF THE PLEDGED REVENUES FROM WHICH DEBT CHARGES AND 7,531
ANY SPECIAL FUND DEPOSITS ARE TO BE PAID.
THE REVENUE SECURITIES SO ISSUED SHALL NOT BE SUBJECT TO 7,533
ANY OTHER PROVISIONS OF THE REVISED CODE GOVERNING THE ISSUANCE 7,534
OF SECURITIES OR OBLIGATIONS BY THIS STATE OR ANY OF ITS 7,535
POLITICAL SUBDIVISIONS OR AGENCIES, INCLUDING CHAPTER 133. OF THE 7,536
REVISED CODE, BUT SHALL BE ENTITLED TO THE BENEFIT OF SECTIONS
9.81, 9.82, AND 9.83 OF THE REVISED CODE. 7,537
FOR PURPOSES OF DIVISION (B)(4)(e) OF THIS SECTION, 7,540
"SECURITIES" MEANS BONDS, NOTES, OR OTHER EVIDENCE OF OBLIGATION
ISSUED IN TEMPORARY OR PERMANENT FORM, INCLUDING BOOK-ENTRY 7,541
SECURITIES.
(C) The council may, by appropriate action of the 7,543
governing bodies of the members, perform such other functions and 7,544
duties as are performed or capable of performance by the members 7,545
and necessary or desirable for dealing with problems of mutual 7,546
concern. 7,547
(D) The authority granted to the council by this section 7,549
or in any agreement by the members thereof OF THE COUNCIL shall 7,550
not displace any existing municipal, county, regional, or other 7,552
planning commission or planning agency in the exercise of its 7,553
statutory powers. 7,554
Sec. 169.02. Subject to division (B) of section 169.01 of 7,563
the Revised Code, the following constitute unclaimed funds: 7,564
(A) Except as provided in division (R) of this section, 7,567
any demand, savings, or matured time deposit account, or matured 7,568
178
certificate of deposit, together with any interest or dividend on 7,569
it, less any lawful claims, that is held or owed by a holder 7,570
which is a financial organization, unclaimed for a period of five 7,571
years;
(B) Any funds paid toward the purchase of withdrawable 7,573
shares or other interest in a financial organization, and any 7,574
interest or dividends on them, less any lawful claims, that is 7,575
held or owed by a holder which is a financial organization, 7,576
unclaimed for a period of five years; 7,577
(C) Except as provided in division (A) of section 3903.45 7,579
of the Revised Code, moneys held or owed by a holder, including a 7,580
fraternal association, providing life insurance, including 7,581
annuity or endowment coverage, unclaimed for five THREE years 7,582
after becoming payable as established from the records of such 7,584
holder under any life or endowment insurance policy or annuity 7,585
contract that has matured or terminated. An insurance policy, 7,586
the proceeds of which are payable on the death of the insured, 7,587
not matured by proof of death of the insured is deemed matured 7,588
and the proceeds payable if such policy was in force when the 7,589
insured attained the limiting age under the mortality table on 7,590
which the reserve is based. 7,591
Moneys otherwise payable according to the records of such 7,593
holder are deemed payable although the policy or contract has not 7,594
been surrendered as required. 7,595
(D) Any deposit made to secure payment or any sum paid in 7,597
advance for utility services of a public utility and any amount 7,598
refundable from rates or charges collected by a public utility 7,599
for utility services held or owed by a holder, less any lawful 7,600
claims, that has remained unclaimed for five years ONE YEAR after 7,602
the termination of the services for which the deposit or advance 7,603
payment was made or five years ONE YEAR from the date the refund 7,604
was payable, whichever is earlier; 7,606
(E) Except as provided in division (R) of this section, 7,609
any certificates, securities as defined in section 1707.01 of the 7,610
179
Revised Code, nonwithdrawable shares, other instruments 7,611
evidencing ownership, or rights to them or funds paid toward the 7,612
purchase of them, or any dividend, capital credit, profit, 7,613
distribution, interest, or payment on principal or other sum, 7,614
held or owed by a holder, including funds deposited with a fiscal 7,615
agent or fiduciary for payment of them, unclaimed for five years, 7,616
except, in the case of AND instruments representing an ownership 7,617
interest, unclaimed for seven FIVE years. ANY UNDERLYING SHARE 7,618
OR OTHER INTANGIBLE INSTRUMENT REPRESENTING AN OWNERSHIP INTEREST 7,619
IN A BUSINESS ASSOCIATION, IN WHICH THE ISSUER HAS RECORDED ON 7,620
ITS BOOKS THE ISSUANCE OF THE SHARE BUT HAS BEEN UNABLE TO 7,621
DELIVER THE CERTIFICATE TO THE SHAREHOLDER, CONSTITUTES UNCLAIMED 7,622
FUNDS IF SUCH UNDERLYING SHARE IS UNCLAIMED FOR FIVE YEARS. IN 7,623
ADDITION, AN UNDERLYING SHARE CONSTITUTES UNCLAIMED FUNDS IF A 7,624
DIVIDEND, DISTRIBUTION, OR OTHER SUM PAYABLE AS A RESULT OF THE 7,625
UNDERLYING SHARE HAS REMAINED UNCLAIMED BY THE OWNER FOR FIVE 7,626
YEARS.
This division shall not prejudice the rights of fiscal 7,628
agents or fiduciaries for payment to return the items described 7,629
in this division to their principals, according to the terms of 7,630
an agency or fiduciary agreement, but such a return shall 7,631
constitute the principal as the holder of the items and shall not 7,632
interrupt the period for computing the time for which the items 7,633
have remained unclaimed. 7,634
In the case of any such funds accruing and held or owed by 7,636
a corporation under division (E) of section 1701.24 of the 7,637
Revised Code, such corporation shall comply with this chapter, 7,638
subject to the limitation contained in section 1701.34 of the 7,639
Revised Code. The period of time for which such funds have gone 7,640
unclaimed specified in section 1701.34 of the Revised Code shall 7,641
be computed, with respect to dividends or distributions, 7,642
commencing as of the dates when such dividends or distributions 7,643
would have been payable to the shareholder had such shareholder 7,644
surrendered the certificates for cancellation and exchange by the 7,645
180
date specified in the order relating to them. 7,646
Capital credits of a cooperative which after January 1, 7,648
1972, have been allocated to members and which by agreement are 7,649
expressly required to be paid if claimed after death of the owner 7,650
are deemed payable, for the purpose of this chapter, fifteen 7,651
years after either the termination of service by the cooperative 7,652
to the owner or upon the nonactivity as provided in division (B) 7,653
of section 169.01 of the Revised Code, whichever occurs later, 7,654
provided that this provision does not apply if the payment is not 7,655
mandatory. 7,656
(F) Any sum payable on certified checks or other written 7,658
instruments certified or issued and representing funds held or 7,659
owed by a holder, less any lawful claims, that are unclaimed for 7,660
five years, except, in the case of money orders which are not 7,661
third party bank checks, that are unclaimed for seven years, and 7,662
in the case of traveler's checks, that are unclaimed for fifteen 7,663
years, from the date payable, or from the date of issuance if 7,664
payable on demand. 7,665
As used in this division, "written instruments" include, 7,667
but are not limited to, certified checks, cashier's checks, bills 7,668
of exchange, letters of credit, drafts, money orders, and 7,669
traveler's checks. 7,670
If there is no address of record for the owner or other 7,672
person entitled to the funds, such address is presumed to be the 7,673
address where the instrument was certified or issued. 7,674
(G) Except as provided in division (R) of this section, 7,677
all moneys, rights to moneys, or other intangible property, 7,678
arising out of the business of engaging in the purchase or sale 7,679
of securities, or otherwise dealing in intangibles, less any 7,680
lawful claims, that are held or owed by a holder and are 7,681
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 7,683
of the Revised Code, all moneys, rights to moneys, and other 7,684
intangible property distributable in the course of dissolution or 7,685
181
liquidation of a holder that are unclaimed for one year after the 7,686
date set by the holder for distribution; 7,687
(I) All moneys, rights to moneys, or other intangible 7,689
property removed from a safe-deposit box or other safekeeping 7,690
repository located in this state or removed from a safe-deposit 7,691
box or other safekeeping repository of a holder, on which the 7,692
lease or rental period has expired, or any amount arising from 7,693
the sale of such property, less any lawful claims, that are 7,694
unclaimed for five THREE years from the date on which the lease 7,695
or rental period expired; 7,697
(J) Subject to division (M)(2) of this section, all 7,699
moneys, rights to moneys, or other intangible property, and any 7,700
income or increment on them, held or owed by a holder which is a 7,701
fiduciary for the benefit of another, or a fiduciary or custodian 7,702
of a qualified retirement plan or individual retirement 7,703
arrangement under section 401 or 408 of the Internal Revenue 7,704
Code, unclaimed for five THREE years after the final date for 7,705
distribution; 7,706
(K) All moneys, rights to moneys, or other intangible 7,708
property held or owed in this state or held for or owed to an 7,709
owner whose last known address is within this state, by the 7,710
United States government or any state, as those terms are 7,711
described in division (E) of section 169.01 of the Revised Code, 7,712
unclaimed by the owner for five THREE years, excluding any 7,713
property in the control of any court in a proceeding in which a 7,715
final adjudication has not been made; 7,716
(L) Amounts payable pursuant to the terms of any policy of 7,718
insurance, other than life insurance, or any refund available 7,719
under such a policy, held or owed by any holder, unclaimed for 7,720
five THREE years from the date payable or distributable; 7,721
(M)(1) Subject to division (M)(2) of this section, any 7,723
funds constituting rents or lease payments due, any deposit made 7,724
to secure payment of rents or leases, or any sum paid in advance 7,725
for rents, leases, possible damage to property, unused services, 7,726
182
performance requirements, or any other purpose, held or owed by a 7,727
holder unclaimed for five years ONE YEAR; 7,728
(2) Any escrow funds, security deposits, or other moneys 7,730
that are received by a licensed broker in a fiduciary capacity 7,731
and that, pursuant to division (A)(26) of section 4735.18 of the 7,732
Revised Code, are required to be deposited into and maintained in 7,733
a special or trust, noninterest-bearing bank account separate and 7,734
distinct from any personal or other account of the licensed 7,735
broker, held or owed by the licensed broker unclaimed for two 7,736
years. 7,737
(N) Any sum payable as wages, salaries, or commissions, 7,739
any sum payable for services rendered, funds owed or held as 7,740
royalties, oil and mineral proceeds, funds held for or owed to 7,741
suppliers, AND moneys owed under pension and profit-sharing 7,742
plans, and all other credits, held or owed by any holder 7,743
unclaimed for one year from date payable or distributable, AND 7,744
ALL OTHER CREDITS HELD OR OWED BY ANY HOLDER UNCLAIMED FOR THREE 7,745
YEARS FROM DATE PAYABLE OR DISTRIBUTABLE; 7,746
(O) Amounts held in respect of or represented by lay-aways 7,748
sold after January 1, 1972, less any lawful claims, when such 7,749
lay-aways are unclaimed for three years after the sale of them; 7,750
(P) All moneys, rights to moneys, and other intangible 7,752
property not otherwise constituted as unclaimed funds by this 7,753
section, including any income or increment on them, less any 7,754
lawful claims, which are held or owed by any holder, other than a 7,755
holder which holds a permit issued pursuant to Chapter 3769. of 7,756
the Revised Code, and which have remained unclaimed for five 7,757
THREE years after becoming payable or distributable; 7,759
(Q) All moneys that arise out of a sale held pursuant to 7,761
section 5322.03 of the Revised Code, that are held by a holder 7,762
for delivery on demand to the appropriate person pursuant to 7,763
division (I) of that section, and that are unclaimed for two 7,764
years after the date of the sale. 7,765
(R)(1) Any funds that are subject to an agreement between 7,768
183
the holder and owner providing for automatic reinvestment and 7,769
that constitute dividends, distributions, or other sums held or 7,770
owed by a holder in connection with a security or intangible 7,771
property, or with any other routine or periodic payment related 7,772
to a certificate of deposit, unclaimed for a period of five 7,773
years; provided that if the funds are held or owed by a holder in 7,774
connection with a security or intangible property, the security 7,775
or intangible property represents AS DEFINED IN SECTION 1707.01 7,776
OF THE REVISED CODE, an ownership interest in an investment 7,777
company registered under the "Investment Company Act of 1940," 54 7,778
Stat. 789, 15 U.S.C. 80a-1, as amended, OR A CERTIFICATE OF 7,779
DEPOSIT, UNCLAIMED FOR A PERIOD OF FIVE YEARS. 7,780
(2) The five-year period under division (R)(1) of this 7,782
section commences from the date a second shareholder notification 7,783
or communication mailing to the owner of the funds is returned to 7,784
the holder as undeliverable by the United States postal service 7,785
or other carrier. The notification or communication mailing by 7,786
the holder shall be no less frequent than quarterly. 7,787
(3) As used in division (R)(1) of this section, "security" 7,789
has the same meaning as in section 1707.01 of the Revised Code. 7,790
All moneys in a personal allowance account, as defined by 7,792
rules adopted by the department of human services, up to and 7,793
including the maximum resource limitation, of a medicaid patient 7,794
who has died after receiving care in a long-term care facility, 7,795
and for whom there is no identifiable heir or sponsor, are not 7,796
subject to this chapter. 7,797
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 7,806
when requested, EVERY person which could be the holder of 7,807
unclaimed funds, under this chapter shall report to the director 7,808
of commerce with respect to the unclaimed funds as provided in 7,809
this section. The report shall be verified. 7,810
(2) With respect to items of unclaimed funds each having a 7,812
value of ten FIFTY dollars or more, the report required under 7,813
division (A)(1) of this section shall include: 7,815
184
(a) The full name, if known, and last known address, if 7,817
any, of each person appearing from the records of the holder to 7,818
be the owner of unclaimed funds under this chapter; 7,819
(b) In the case of unclaimed funds reported by holders 7,821
providing life insurance coverage, the full name of the insured 7,822
or annuitant and beneficiary, if any, and their last known 7,823
addresses according to such holder's records; 7,824
(c) The nature and identifying number, if any, or 7,826
description of the funds and the amount appearing from the 7,827
records to be due; 7,828
(d) The date when the funds became payable, demandable, or 7,830
returnable and the date of the last transaction with the owner 7,831
with respect to the funds except with respect to each item of 7,832
unclaimed funds having a value of less than twenty-five dollars; 7,833
(e) Subject to division (I) of this section, the social 7,835
security number of the owner of the unclaimed funds, if it is 7,836
available;
(f) Other information which the director prescribes as 7,838
necessary for the administration of this chapter. 7,839
(3) With respect to items of unclaimed funds each having a 7,841
value of less than ten FIFTY dollars, the report required under 7,842
division (A)(1) of this section shall include: 7,843
(a) Each category of items of unclaimed funds as described 7,845
in section 169.02 of the Revised Code; 7,846
(b) The number of items of unclaimed funds within each 7,848
category; 7,849
(c) The aggregated value of the items of unclaimed funds 7,851
within each category. 7,852
(B) If the holder of unclaimed funds is a successor to 7,854
other organizations that previously held the funds for the owner, 7,855
or if the holder has changed its name while holding the funds, it 7,856
shall file with the report all prior known names and addresses 7,857
and date and state of incorporation or formation of each holder 7,858
of the funds. 7,859
185
(C) The report shall be filed before the first day of 7,861
November of each year as of the preceding thirtieth day of June, 7,862
but the report of holders providing life insurance coverage shall 7,863
be filed before the first day of May of each year as of the 7,864
preceding thirty-first day of December. The director may 7,865
postpone, for good cause shown, the reporting date upon written 7,866
request by any holder required to file a report. 7,867
(D) The holder of unclaimed funds under this chapter shall 7,869
send notice to each owner of each item of unclaimed funds having 7,870
a value of twenty-five FIFTY dollars or more at the last known 7,871
address of the owner as shown by the records of the holder before 7,873
filing the annual report. In case of holders providing life 7,874
insurance coverage, such notice shall also be mailed to each 7,875
beneficiary at the last known address of such beneficiary as 7,876
shown by the records of such holder, except that such notice to 7,877
beneficiaries shall not be mailed if such address is the same as 7,878
that of the insured and the surname of the beneficiary is the 7,879
same as that of the insured. The holder shall not report an item 7,880
of unclaimed funds earlier than the thirtieth day after the 7,881
mailing of notice required by this division. 7,882
Such notice shall set forth the nature and identifying 7,884
number, if any, or description of the funds and the amount 7,885
appearing on the records of the holder to be due the owner, and 7,886
shall inform the owner that the funds will, thirty days after the 7,887
mailing of such notice, be reported as unclaimed funds under this 7,888
chapter. A self-addressed, stamped envelope shall be included 7,889
with the notice, with instructions that the owner may use such 7,890
envelope to inform the holder of the owner's continued interest 7,892
in the funds and, if so informed before the date for making the 7,893
report to the director, the holder shall not report said funds to 7,894
the director. The notice shall be mailed by first class mail. 7,895
If there is no address of record for the owner or other person 7,896
entitled to the unclaimed funds, the holder is relieved of any 7,897
responsibility of sending notice, attempting to notify, or 7,898
186
notifying the owner. The mailing of notice pursuant to this 7,899
section shall discharge the holder from any further 7,900
responsibility to give notice. 7,901
(E) Verification of the report and of the mailing of 7,903
notice, where required, shall be executed by an officer of the 7,904
reporting holder. 7,905
(F)(1) The director may at reasonable times and upon 7,907
reasonable notice examine or cause to be examined, by auditors of 7,908
supervisory departments or divisions of the state, the records of 7,909
any holder to determine compliance with this chapter. The 7,911
(2) HOLDERS SHALL RETAIN RECORDS, DESIGNATED BY THE 7,913
DIRECTOR AS APPLICABLE TO UNCLAIMED FUNDS, FOR FIVE YEARS BEYOND 7,914
THE RELEVANT TIME PERIOD PROVIDED IN SECTION 169.02 OF THE 7,916
REVISED CODE, OR UNTIL COMPLETION OF AN AUDIT CONDUCTED PURSUANT 7,917
TO DIVISION (F) OF THIS SECTION, WHICHEVER OCCURS FIRST. AN 7,918
AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION SHALL 7,919
NOT REQUIRE A HOLDER TO MAKE RECORDS AVAILABLE FOR A PERIOD OF
TIME EXCEEDING THE RECORDS RETENTION PERIOD SET FORTH IN DIVISION 7,921
(F) OF THIS SECTION, EXCEPT FOR RECORDS PERTAINING TO INSTRUMENTS 7,922
EVIDENCING OWNERSHIP, OR RIGHTS TO THEM OR FUNDS PAID TOWARD THE 7,923
PURCHASE OF THEM, OR ANY DIVIDEND, CAPITAL CREDIT, PROFIT, 7,924
DISTRIBUTION, INTEREST, OR PAYMENT ON PRINCIPAL OR OTHER SUM, 7,925
HELD OR OWED BY A HOLDER, INCLUDING FUNDS DEPOSITED WITH A FISCAL 7,926
AGENT OR FIDUCIARY FOR PAYMENT OF THEM, OR PERTAINING TO DEBT OF 7,927
A PUBLICLY TRADED CORPORATION. ANY HOLDER THAT IS AUDITED 7,928
PURSUANT TO DIVISION (F) OF THIS SECTION SHALL ONLY BE REQUIRED 7,929
TO MAKE AVAILABLE THOSE RECORDS THAT ARE RELEVANT TO AN UNCLAIMED 7,930
FUNDS AUDIT OF THAT HOLDER AS PRESCRIBED BY THE DIRECTOR. 7,931
(3) THE director may enter into contracts, pursuant to 7,933
procedures prescribed by the director, with persons for the sole 7,934
purpose of examining the records of holders, determining 7,935
compliance with this chapter, and collecting, taking possession 7,936
of, and remitting to the department's division of unclaimed 7,937
funds, in a timely manner, the amounts found and defined as 7,938
187
unclaimed. Holders shall retain records, designated by the THE 7,940
director as applicable to unclaimed funds, for five years beyond 7,942
the relevant time period provided in section 169.02 of the 7,943
Revised Code, or until completion of an audit conducted pursuant 7,944
to this division, whichever occurs first SHALL NOT ENTER INTO 7,946
SUCH A CONTRACT WITH A PERSON UNLESS THE PERSON DOES ALL OF THE 7,947
FOLLOWING:
(a) AGREES TO MAINTAIN THE CONFIDENTIALITY OF THE RECORDS 7,949
EXAMINED, AS REQUIRED UNDER DIVISION (F)(4) OF THIS SECTION; 7,950
(b) OBTAINS A CORPORATE SURETY BOND ISSUED BY A BONDING 7,952
COMPANY OR INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS 7,953
STATE. THE BOND SHALL BE IN FAVOR OF THE DIRECTOR AND IN THE 7,954
PENAL SUM DETERMINED BY THE DIRECTOR;
(c) AGREES TO CONDUCT THE AUDIT IN ACCORDANCE WITH RULES 7,956
ADOPTED UNDER SECTION 169.09 OF THE REVISED CODE. 7,957
(4) Records audited pursuant to this division (F) OF THIS 7,960
SECTION are confidential, and shall not be disclosed except as 7,961
required by section 169.06 of the Revised Code or; as the 7,962
director considers necessary in the proper administration of this 7,963
chapter; AS PART OF A JOINT EXAMINATION CONDUCTED WITH OR 7,964
PURSUANT TO AN AGREEMENT WITH ANOTHER STATE, THE UNITED STATES 7,965
GOVERNMENT, OR ANY GOVERNMENTAL SUBDIVISION, AGENCY, OR 7,966
INSTRUMENTALITY OF ANOTHER STATE OR THE UNITED STATES; AS 7,967
REQUIRED PURSUANT TO A SUBPOENA OR COURT ORDER; OR AS DISCLOSED 7,968
TO THE UNCLAIMED OR ABANDONED PROPERTY ADMINISTRATOR OF ANOTHER 7,970
STATE FOR USE BY THAT STATE IN ADMINISTERING THE STATE'S
ABANDONED OR UNCLAIMED PROPERTY LAWS, IF THE OTHER STATE IS 7,972
REQUIRED TO KEEP THE RECORDS CONFIDENTIAL. 7,973
(5) ANY HOLDER OF UNCLAIMED FUNDS MAY APPEAL THE FINDINGS 7,975
OF AN AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION TO 7,976
THE DIRECTOR. PURSUANT TO THE AUTHORITY GRANTED BY SECTION 7,977
169.09 OF THE REVISED CODE, THE DIRECTOR SHALL ADOPT RULES 7,978
ESTABLISHING PROCEDURES FOR CONSIDERING SUCH AN APPEAL. 7,979
(G) All holders shall make sufficient investigation of 7,981
188
their records to ensure that the funds reported to the director 7,983
are unclaimed as set forth in division (B) of section 169.01 and 7,984
section 169.02 of the Revised Code. 7,985
(H) The expiration of any period of limitations on or 7,987
after March 1, 1968, within which a person entitled to any 7,988
moneys, rights to moneys, or intangible property could have 7,989
commenced an action or proceeding to obtain the same shall not 7,990
prevent such items from becoming unclaimed funds or relieve the 7,991
holder thereof of any duty to report and give notice as provided 7,992
in this section and deliver the same in the manner provided in 7,993
section 169.05 of the Revised Code, provided that the holder may 7,994
comply with the provisions of this section and section 169.05 of 7,995
the Revised Code with respect to any moneys, rights to moneys, or 7,996
intangible property as to which the applicable statute of 7,997
limitations has run prior to March 1, 1968, and in such event the 7,998
holder shall be entitled to the protective provisions of section 7,999
169.07 of the Revised Code. 8,000
(I) No social security number contained in a report made 8,002
pursuant to this section shall be used by the department of 8,003
commerce for any purpose other than to enable the division of 8,004
unclaimed funds to carry out the purposes of this chapter and for 8,005
child support purposes in response to a request made by the 8,008
division of child support in the department of human services
made pursuant to section 5101.327 of the Revised Code. 8,009
Sec. 169.09. The director of commerce SHALL MAKE NECESSARY 8,019
RULES THAT PRESCRIBE UNIFORM METHODS FOR CONDUCTING UNCLAIMED 8,020
FUNDS AUDITS UNDER SECTION 169.03 OF THE REVISED CODE AND FOR 8,022
DETERMINING WHEN SUCH AN AUDIT IS APPROPRIATE, AND may make 8,024
necessary rules to carry out the duties ANY OTHER DUTY imposed 8,025
upon him THE DIRECTOR by Chapter 169. of the Revised Code THIS 8,026
CHAPTER.
Sec. 173.011. (A) WHEN ADMINISTERING FUNDS GRANTED UNDER 8,028
THE "OLDER AMERICANS ACT OF 1965," 79 STAT. 219, 42 U.S.C. 3001, 8,030
AS AMENDED, THE DEPARTMENT OF AGING MAY DIVIDE THE STATE INTO 8,031
189
SEPARATE MULTI-COUNTY REGIONS THAT SHALL BE KNOWN AS PLANNING AND
SERVICE AREAS. IF THE DEPARTMENT DIVIDES THE STATE INTO THOSE 8,032
AREAS, THEN, CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 8,033
(C)(1) OF THIS SECTION, IT SHALL DESIGNATE ONE PUBLIC ENTITY OR 8,034
ONE PRIVATE NONPROFIT ENTITY AS EACH AREA'S AGENCY ON AGING. 8,035
THAT AGENCY SHALL ADMINISTER PROGRAMS ON BEHALF OF THE DEPARTMENT 8,036
UNDER THE OLDER AMERICANS ACT OF 1965 WITHIN ITS PLANNING AND 8,038
SERVICE AREA.
(B) CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 8,041
(C)(2) OF THIS SECTION AND FOLLOWING AN ADJUDICATION HEARING
CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, 8,042
THE DEPARTMENT MAY ISSUE AN ADJUDICATION ORDER THAT WITHDRAWS OR 8,043
PROVISIONALLY MAINTAINS THE DESIGNATION OF AN ENTITY AS AN AGENCY 8,044
ON AGING.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER CHAPTER 119. OF 8,047
THE REVISED CODE THAT DO BOTH OF THE FOLLOWING:
(1) ESTABLISH CRITERIA TO BE USED FOR DESIGNATING AN 8,049
AGENCY ON AGING;
(2) PROVIDE PROCEDURES AND GROUNDS FOR WITHDRAWING OR 8,051
PROVISIONALLY MAINTAINING THE DESIGNATION OF AN ENTITY AS AN 8,052
AGENCY ON AGING OF A PLANNING AND SERVICE AREA. 8,053
Sec. 173.35. (A) AS USED IN THIS SECTION, "PASSPORT 8,062
ADMINISTRATIVE AGENCY" MEANS AN ENTITY UNDER CONTRACT WITH THE 8,063
DEPARTMENT OF AGING TO PROVIDE ADMINISTRATIVE SERVICES REGARDING 8,064
THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 OF THE REVISED 8,065
CODE.
(B) The department of aging shall administer the 8,068
residential state supplement program under which the state
supplements the supplemental security income payments received by 8,069
aged, blind, or disabled adults under Title XVI of the "Social 8,070
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 8,071
Residential state supplement payments shall be used for the 8,072
provision of accommodations, supervision, and personal care 8,073
services to supplemental security income recipients who the 8,074
190
department determines are at risk of needing institutional care. 8,075
(B) To (C) FOR AN INDIVIDUAL TO be eligible for 8,077
residential state supplement payments, an ALL OF THE FOLLOWING 8,080
MUST BE THE CASE:
(1) EXCEPT AS PROVIDED BY DIVISION (G) OF THIS SECTION, 8,082
THE individual must reside in one of the following: 8,083
(1)(a) An adult foster home certified under section 173.36 8,085
of the Revised Code; 8,086
(2)(b) A home or facility, other than a nursing home or 8,088
nursing home unit of a home for the aging, licensed by the 8,089
department of health under Chapter 3721. or 3722. of the Revised 8,091
Code;
(3)(c) A community alternative home licensed under section 8,093
3724.03 of the Revised Code; 8,094
(4)(d) A residential facility as defined in division 8,096
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 8,097
the department of mental health; 8,098
(5)(e) An apartment or room used to provide community 8,100
mental health housing services certified by the department of 8,101
mental health under division (M) of section 5119.61 of the 8,102
Revised Code and approved by a board of alcohol, drug addiction, 8,103
and mental health services under division (A)(13) of section 8,104
340.03 of the Revised Code. 8,105
(C)(2) EFFECTIVE JULY 1, 2000, A PASSPORT ADMINISTRATIVE 8,109
AGENCY MUST HAVE DETERMINED THAT THE ENVIRONMENT IN WHICH THE
INDIVIDUAL WILL BE LIVING WHILE RECEIVING THE PAYMENTS IS 8,110
APPROPRIATE FOR THE INDIVIDUAL'S NEEDS. IF THE INDIVIDUAL IS 8,111
ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME PAYMENTS OR SOCIAL 8,112
SECURITY DISABILITY INSURANCE BENEFITS BECAUSE OF A MENTAL 8,113
DISABILITY, THE PASSPORT ADMINISTRATIVE AGENCY SHALL REFER THE 8,114
INDIVIDUAL TO A COMMUNITY MENTAL HEALTH AGENCY FOR THE COMMUNITY 8,115
MENTAL HEALTH AGENCY TO ISSUE IN ACCORDANCE WITH SECTION 340.091 8,116
OF THE REVISED CODE A RECOMMENDATION ON WHETHER THE PASSPORT
ADMINISTRATIVE AGENCY SHOULD DETERMINE THAT THE ENVIRONMENT IN 8,117
191
WHICH THE INDIVIDUAL WILL BE LIVING WHILE RECEIVING THE PAYMENTS 8,118
IS APPROPRIATE FOR THE INDIVIDUAL'S NEEDS. DIVISION (C)(2) OF 8,119
THIS SECTION DOES NOT APPLY TO AN INDIVIDUAL RECEIVING 8,120
RESIDENTIAL STATE SUPPLEMENT PAYMENTS ON JUNE 30, 2000, UNTIL THE 8,121
INDIVIDUAL'S FIRST ELIGIBILITY REDETERMINATION AFTER THAT DATE. 8,122
(3) THE INDIVIDUAL SATISFIES ALL ELIGIBILITY REQUIREMENTS 8,124
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION. 8,125
(D) The departments of aging and human services shall 8,127
adopt rules in accordance with section 111.15 of the Revised Code 8,129
as necessary to implement the residential state supplement 8,131
program.
To the extent permitted by Title XVI of the "Social 8,134
Security Act," and any other provision of federal law, the 8,135
department of human services shall adopt rules establishing 8,136
standards for adjusting the eligibility requirements concerning 8,137
the level of impairment a person must have so that the amount 8,138
appropriated for the program by the general assembly is adequate 8,139
for the number of eligible individuals. The rules shall not 8,140
limit the eligibility of disabled persons solely on a basis 8,141
classifying disabilities as physical or mental. The department 8,142
of human services also shall adopt rules that establish 8,143
eligibility standards for aged, blind, or disabled individuals 8,144
who reside in one of the homes or facilities specified in 8,145
division (B)(C)(1) of this section but who, because of their 8,148
income, do not receive supplemental security income payments. 8,149
THE RULES MAY PROVIDE THAT THESE INDIVIDUALS MAY INCLUDE 8,150
INDIVIDUALS WHO RECEIVE OTHER TYPES OF BENEFITS, INCLUDING SOCIAL 8,151
SECURITY DISABILITY INSURANCE BENEFITS PROVIDED UNDER TITLE II OF 8,152
THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 401, 8,153
AS AMENDED. Notwithstanding division (A)(B) of this section, 8,155
such payments may be made if funds are available for them. 8,156
The department of aging shall adopt rules establishing the 8,158
method to be used to determine the amount an eligible individual 8,159
will receive under the program. The amount the general assembly 8,160
192
appropriates for the program shall be a factor included in the 8,162
method that department establishes.
(D)(E) The county department of human services of the 8,164
county in which an applicant for the residential state supplement 8,167
program resides shall determine whether the applicant meets 8,168
income and resource requirements for the program.
(E)(F) The department of aging shall maintain a waiting 8,170
list of any individuals eligible for payments under this section 8,172
but not receiving them because moneys appropriated to the 8,173
department for the purposes of this section are insufficient to 8,174
make payments to all eligible individuals. That AN INDIVIDUAL 8,175
MAY APPLY TO BE PLACED ON THE WAITING LIST EVEN THOUGH THE 8,176
INDIVIDUAL DOES NOT RESIDE IN ONE OF THE HOMES OR FACILITIES 8,177
SPECIFIED IN DIVISION (C)(1) OF THIS SECTION AT THE TIME OF 8,178
APPLICATION. THE department OF AGING, by rules adopted in 8,179
accordance with Chapter 119. of the Revised Code, shall specify 8,180
procedures and requirements for placing an individual on the 8,181
waiting list. INDIVIDUALS ON THE WAITING LIST WHO RESIDE IN A 8,182
COMMUNITY SETTING NOT REQUIRED TO BE LICENSED OR CERTIFIED SHALL 8,183
HAVE THEIR ELIGIBILITY FOR THE PAYMENTS ASSESSED BEFORE OTHER 8,184
INDIVIDUALS ON THE WAITING LIST. 8,185
(F)(G) An individual in a licensed or certified living 8,187
arrangement receiving state supplementation on November 15, 1990, 8,188
under former section 5101.531 of the Revised Code shall not 8,189
become ineligible for payments under this section solely by 8,190
reason of his THE INDIVIDUAL'S living arrangement as long as he 8,192
THE INDIVIDUAL remains in the living arrangement in which he THE 8,193
INDIVIDUAL resided on November 15, 1990.
(G)(H) The department of aging shall notify each person 8,195
denied approval for payments under this section of his THE 8,196
PERSON'S right to a hearing. On request, the hearing shall be 8,197
provided by the department of human services in accordance with 8,198
section 5101.35 of the Revised Code. 8,199
Sec. 173.401. EFFECTIVE JULY 1, 2002, AND THE FIRST DAY OF 8,201
193
EACH JULY THEREAFTER, THE DEPARTMENT OF AGING SHALL ADJUST THE 8,203
RATE IT REIMBURSES PROVIDERS OF HOMEMAKER SERVICES, PERSONAL CARE
SERVICES, AND ADULT DAY CARE SERVICES UNDER THE PASSPORT PROGRAM 8,204
BY THE PERCENTAGE INCREASE IN THE GROSS DOMESTIC PRODUCT DEFLATOR 8,205
FOR THE PRECEDING CALENDAR YEAR AS DETERMINED BY THE BUREAU OF 8,207
ECONOMIC ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE. 8,208
THE DEPARTMENT OF AGING SHALL ADOPT RULES IN ACCORDANCE WITH 8,210
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION 8,211
OF THIS SECTION.
Sec. 307.851. (A) Notwithstanding anything to the 8,220
contrary in the Revised Code, a board of county commissioners of 8,221
a county that has enacted a tax levy under section 5705.191 of 8,222
the Revised Code may, in addition to exercising the other powers 8,224
granted to a board of county commissioners, MAY enter into a 8,225
contract with any corporation or association, whether the 8,227
corporation or association is for profit or nonprofit, for that 8,228
corporation or association to provide the services described in 8,229
this section and for the county to pay for those contracted 8,230
services with the proceeds of that tax levy, provided that IF THE 8,231
proceeds from the THAT tax levy are used only for the purpose or 8,233
purposes for which the tax was levied. Services for which a
contract may be entered into under this section are alcohol, drug 8,235
addiction, and mental health services; services for the mentally 8,237
retarded or developmentally disabled; and public ANY OR ALL 8,238
health AND HUMAN services OR SOCIAL SERVICES PROVIDED TO THE 8,239
RESIDENTS OF THE COUNTY.
(B) Before entering into a contract as provided in 8,241
division (A) of this section, the board of county commissioners 8,242
shall first SHALL notify, in writing, the alcohol, drug 8,244
addiction, and mental health services board; the board of mental 8,246
retardation and developmental disabilities; or the board of the 8,247
health district or combined general health district of that 8,249
county PARTICULAR COUNTY AGENCY, BOARD, DEPARTMENT, OR OTHER
ENTITY THAT IS REQUIRED TO PROVIDE, OVERSEE, OR ACQUIRE RELATED 8,250
194
MANDATED OR ESSENTIAL SERVICES, as appropriate for the service 8,251
SERVICES to be provided under the contract, of the board's BOARD 8,254
OF COUNTY COMMISSIONER'S intention to enter into a contract with 8,255
a corporation or association to provide a particular service THE 8,257
HEALTH AND HUMAN SERVICES OR SOCIAL SERVICES TO THE RESIDENTS OF 8,258
THE COUNTY. The notice shall delineate IDENTIFY the particular 8,260
service SERVICES to be SO provided, identify the corporation or 8,261
association with which the board proposes to contract, and 8,262
INDICATE the amount proposed to be paid to the corporation or 8,265
association for performing those services. The notified AGENCY, 8,266
board, DEPARTMENT, OR OTHER ENTITY has thirty days in which to 8,267
inform the board of county commissioners of its intention to 8,269
provide that service THE SERVICES itself or authorize the board 8,271
of county commissioners to contract with the proposed corporation 8,272
or association to provide the service SERVICES. If the board of 8,273
county commissioners receives no response from a notified AGENCY, 8,274
board, DEPARTMENT, OR OTHER ENTITY within the thirty-day period, 8,275
the notified AGENCY, board, DEPARTMENT, OR OTHER ENTITY shall be 8,278
deemed to have authorized the proposed contract. Once the 8,280
contract is authorized by each notified AGENCY, board,
DEPARTMENT, OR OTHER ENTITY, the board of county commissioners 8,282
may enter into a contract with the corporation or association, as 8,283
proposed.
(C) In addition to any other terms that the board OF 8,285
COUNTY COMMISSIONERS finds appropriate, any agreement entered 8,287
into under division (A) of this section shall provide all the 8,288
following:
(1) That the corporation or association shall keep current 8,290
and accurate accounts of its use of the moneys it receives from 8,291
the county;
(2) That the corporation or association shall, at least 8,294
annually, SHALL have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 8,296
Revised Code, of any services or programs it has performed with 8,297
195
county moneys. A copy of the fiscal audit report shall be 8,299
provided to the board of county commissioners, the county
auditor, and the auditor of state. 8,300
(3) That the corporation or association is liable to repay 8,302
to the county any county moneys it receives that are improperly 8,303
used;
(4) That the corporation or association shall repay to the 8,305
board OF COUNTY COMMISSIONERS all county moneys remaining unused 8,307
at the end of the fiscal year or other accounting period for 8,308
which the board paid the moneys, except that, when the recipient 8,310
is to receive county moneys in the next succeeding fiscal year or
other accounting period following the fiscal year or other 8,311
accounting period for which the board paid the moneys, the 8,312
recipient need not repay the county moneys remaining unused; 8,313
(5) That the corporation or association shall provide the 8,315
board of county commissioners annually a summary of the program 8,316
or service activities it has performed with county moneys. 8,318
Sec. 307.86. Anything to be purchased, leased, leased with 8,327
an option or agreement to purchase, or constructed, including, 8,328
but not limited to, any product, structure, construction, 8,329
reconstruction, improvement, maintenance, repair, or service, 8,330
except the services of an accountant, architect, attorney at law, 8,331
physician, professional engineer, construction project manager, 8,332
consultant, surveyor, or appraiser, by or on behalf of the county 8,333
or contracting authority, as defined in section 307.92 of the 8,334
Revised Code, at a cost in excess of fifteen thousand dollars, 8,335
except as otherwise provided in division (D) of section 713.23 8,336
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 8,337
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 8,338
5713.01, and 6137.05 of the Revised Code, shall be obtained 8,339
through competitive bidding. However, competitive bidding is not 8,340
required when ANY OF THE FOLLOWING APPLIES: 8,341
(A) The board of county commissioners, by a unanimous vote 8,343
of its members, makes a determination that a real and present 8,344
196
emergency exists, and such THAT determination and the reasons 8,346
therefor FOR IT are entered in the minutes of the proceedings of 8,347
the board, when EITHER OF THE FOLLOWING APPLIES: 8,348
(1) The estimated cost is less than fifty thousand 8,351
dollars; or.
(2) There is actual physical disaster to structures, radio 8,353
communications equipment, or computers. 8,354
Whenever a contract of purchase, lease, or construction is 8,356
exempted from competitive bidding under division (A)(1) of this 8,357
section because the estimated cost is less than fifty thousand 8,358
dollars, but the estimated cost is fifteen thousand dollars or 8,359
more, the county or contracting authority shall solicit informal 8,360
estimates from no fewer than three persons who could perform the 8,361
contract, before awarding the contract. With regard to each such 8,362
contract, the county or contracting authority shall maintain a 8,363
record of such estimates, including the name of each person from 8,364
whom an estimate is solicited, for no less than one year after 8,365
the contract is awarded. 8,366
(B) The purchase consists of supplies or a replacement or 8,368
supplemental part or parts for a product or equipment owned or 8,369
leased by the county, and the only source of supply for such THE 8,371
supplies, part, or parts is limited to a single supplier.
(C) The purchase is from the federal government, THE 8,373
state, another county or contracting authority thereof, OF 8,374
ANOTHER COUNTY, OR a board of education, township, or municipal 8,375
corporation.
(D) Public social services are purchased for provision by 8,377
the county department of human services under section 329.04 of 8,378
the Revised Code or program services, such as direct and 8,379
ancillary client services, child day-care, case management 8,380
services, residential services, and family resource services, are 8,381
purchased for provision by a county board of mental retardation 8,382
and developmental disabilities under section 5126.05 of the 8,383
Revised Code. 8,384
197
(E) The purchase consists of human and OR social services 8,387
SERVICE PROGRAMS by the board of county commissioners from 8,388
nonprofit corporations or associations under programs which are 8,389
funded entirely by the federal government OR BY STATE GRANTS. 8,390
(F) The purchase consists of any form of an insurance 8,392
policy or contract authorized to be issued under Title XXXIX of 8,393
the Revised Code or any form of health care plan authorized to be 8,395
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 8,397
contracting authority is authorized to purchase, and the 8,398
contracting authority does all of the following: 8,399
(1) Determines that compliance with the requirements of 8,401
this section would increase, rather than decrease, the cost of 8,402
such purchase; 8,403
(2) Employs a competent consultant to assist the 8,405
contracting authority in procuring appropriate coverages at the 8,406
best and lowest prices; 8,407
(3) Requests issuers of such policies, contracts, or plans 8,409
to submit proposals to the contracting authority, in a form 8,410
prescribed by the contracting authority, setting forth the 8,411
coverage and cost of such policies, contracts, or plans as the 8,412
contracting authority desires to purchase; 8,413
(4) Negotiates with such issuers for the purpose of 8,415
purchasing such policies, contracts, or plans at the best and 8,416
lowest price reasonably possible. 8,417
(G) The purchase consists of computer hardware, software, 8,419
or consulting services that are necessary to implement a 8,420
computerized case management automation project administered by 8,421
the Ohio prosecuting attorneys association and funded by a grant 8,422
from the federal government. 8,423
(H) Child day-care services are purchased for provision to 8,425
county employees. 8,426
(I)(1) Property, including land, buildings, and other real 8,428
property, is leased for offices, storage, parking, or other 8,429
198
purposes and all of the following apply: 8,430
(a) The contracting authority is authorized by the Revised 8,432
Code to lease the property;. 8,433
(b) The contracting authority develops requests for 8,435
proposals for leasing the property, specifying the criteria that 8,436
will be considered prior to leasing the property, including the 8,437
desired size and geographic location of the property;. 8,438
(c) The contracting authority receives responses from 8,440
prospective lessors with property meeting the criteria specified 8,441
in the requests for proposals by giving notice in a manner 8,442
substantially similar to the procedures established for giving 8,443
notice under section 307.87 of the Revised Code;. 8,444
(d) The contracting authority negotiates with the 8,446
prospective lessors to obtain a lease at the best and lowest 8,447
price reasonably possible considering the fair market value of 8,448
the property and any relocation and operational costs that may be 8,449
incurred during the period the lease is in effect. 8,451
(2) The contracting authority may use the services of a 8,453
real estate appraiser to obtain advice, consultations, or other 8,454
recommendations regarding the lease of property under this 8,455
division. 8,456
(J) The purchase is made pursuant to section 5139.34 or 8,458
sections 5139.41 to 5139.46 of the Revised Code and is of 8,459
programs or services that provide case management, treatment, or 8,460
prevention services to any felony or misdemeanant delinquent, 8,461
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, such services as 8,462
community residential care, day treatment, services to children 8,464
in their home, or electronic monitoring. 8,465
(K) THE PURCHASE IS MADE BY A PUBLIC CHILDREN SERVICES 8,467
AGENCY PURSUANT TO SECTION 307.92 OR 5153.16 OF THE REVISED CODE 8,468
AND CONSISTS OF SOCIAL SERVICES, PROGRAMS, OR ANCILLARY SERVICES 8,469
THAT PROVIDE CASE MANAGEMENT, PREVENTION, OR TREATMENT SERVICES 8,471
FOR CHILDREN AT RISK OF BEING OR ALLEGED TO BE ABUSED, NEGLECTED, 8,472
199
OR DEPENDENT CHILDREN.
Any issuer of policies, contracts, or plans listed in 8,474
division (F) of this section and any prospective lessor under 8,475
division (I) of this section may have the issuer's or prospective 8,476
contractor's name and address, or the name and address of an 8,477
agent, placed on a special notification list to be kept by the 8,479
contracting authority, by sending the contracting authority such 8,480
name and address. The contracting authority shall send notice to 8,481
all persons listed on the special notification list. Notices 8,482
shall state the deadline and place for submitting proposals. The 8,483
contracting authority shall mail the notices at least six weeks 8,484
prior to the deadline set by the contracting authority for 8,485
submitting such proposals. Every five years the contracting 8,486
authority may review this list and remove any person from the 8,487
list after mailing the person notification of such action. 8,488
Any contracting authority that negotiates a contract under 8,490
division (F) of this section shall request proposals and 8,491
renegotiate with issuers in accordance with that division at 8,492
least every three years from the date of the signing of such a 8,493
contract. 8,494
Any consultant employed pursuant to division (F) of this 8,496
section and any real estate appraiser employed pursuant to 8,497
division (I) of this section shall disclose any fees or 8,498
compensation received from any source in connection with that 8,499
employment.
Sec. 307.98. Each board of county commissioners shall 8,509
enter into a written partnership agreement with the director of 8,510
human services in accordance with section 5101.21 of the Revised
Code. Prior to entering into or substantially amending the 8,512
agreement, the board shall conduct a public hearing and consult 8,514
with the county human services planning committee established 8,515
under section 329.06 of the Revised Code. Through the hearing
and consultation, the board shall obtain comments and 8,516
recommendations concerning what would be the county's obligations 8,518
200
and responsibilities under the agreement or amendment. AS 8,519
EVIDENCE THAT THE BOARD CONSULTED WITH THE COUNTY HUMAN SERVICES
PLANNING COMMITTEE, THE COMMITTEE'S CHAIR SHALL SIGN A LETTER 8,520
CONFIRMING THAT THE CONSULTATION OCCURRED, WHICH SHALL BE 8,521
ATTACHED TO THE PARTNERSHIP AGREEMENT AND ANY SUBSTANTIAL 8,522
AMENDMENTS TO THE AGREEMENT.
Sec. 311.01. (A) A sheriff shall be elected quadrennially 8,531
in each county. A sheriff shall hold office for a term of four 8,532
years, beginning on the first Monday of January next after the 8,533
sheriff's election. 8,534
(B) On and after January 1, 1988, except EXCEPT as 8,536
otherwise provided in this section, no person is eligible to be a 8,537
candidate for sheriff, and no person shall be elected or 8,538
appointed to the office of sheriff, unless that person meets all 8,539
of the following requirements: 8,540
(1) The person is a citizen of the United States;. 8,542
(2) The person has been a resident of the county in which 8,544
the person is a candidate for or is appointed to the office of 8,546
sheriff for at least one year immediately prior to the 8,547
qualification date;.
(3) The person has the qualifications of an elector as 8,549
specified in section 3503.01 of the Revised Code and has complied 8,551
with all applicable election laws;. 8,552
(4) The person has been awarded a high school diploma or a 8,554
certificate of high school equivalence issued for achievement of 8,556
specified minimum scores on the general educational development 8,557
test of the American council on education;. 8,558
(5) The person has not been convicted of or pleaded guilty 8,560
to a felony or any offense involving moral turpitude under the 8,561
laws of this or any other state or the United States, and has not 8,562
been convicted of or pleaded guilty to an offense that is a 8,563
misdemeanor of the first degree under the laws of this state or 8,564
an offense under the laws of any other state or the United States 8,565
that carries a penalty that is substantially equivalent to the 8,566
201
penalty for a misdemeanor of the first degree under the laws of 8,567
this state;. 8,568
(6) The person has been fingerprinted and has been the 8,570
subject of a search of local, state, and national fingerprint 8,572
files to disclose any criminal record. Such fingerprints shall 8,573
be taken under the direction of the administrative judge of the 8,574
court of common pleas who, prior to the applicable qualification 8,575
date, shall notify the board of elections, board of county 8,576
commissioners, or county central committee of the proper 8,577
political party, as applicable, of the judge's findings. 8,578
(7) The person has prepared a complete history of the 8,581
person's places of residence for a period of six years 8,582
immediately preceding the qualification date and a complete 8,583
history of the person's places of employment for a period of six 8,584
years immediately preceding the qualification date, indicating 8,585
the name and address of each employer and the period of time 8,586
employed by that employer. The residence and employment 8,587
histories shall be filed with the administrative judge of the 8,588
court of common pleas of the county, who shall forward them with 8,589
the findings under division (B)(6) of this section to the 8,590
appropriate board of elections, board of county commissioners, or 8,591
county central committee of the proper political party prior to 8,592
the applicable qualification date.
(8) The person meets at least one of the following 8,594
conditions:
(a) Has obtained or held, within the four-year period 8,596
ending immediately prior to the qualification date, a valid basic 8,597
peace officer certificate of training issued by the Ohio peace 8,598
officer training council COMMISSION or has been issued a 8,599
certificate of training pursuant to section 5503.05 of the 8,600
Revised Code, and, within the four-year period ending immediately 8,602
prior to the qualification date, has been employed as an 8,603
appointee pursuant to section 5503.01 of the Revised Code or as a 8,604
full-time peace officer as defined in section 109.71 of the 8,605
202
Revised Code performing duties related to the enforcement of
statutes, ordinances, or codes; 8,606
(b) Has obtained or held, within the three-year period 8,608
ending immediately prior to the qualification date, a valid basic 8,609
peace officer certificate of training issued by the Ohio peace 8,610
officer training council COMMISSION and has been employed for at 8,611
least the last five THREE years prior to the qualification date 8,612
as a full-time law enforcement officer, as defined in division 8,614
(K)(A)(11) of section 2901.01 of the Revised Code, performing 8,616
duties related to the enforcement of statutes, ordinances, or
codes. 8,617
(9) The person meets at least one of the following 8,619
conditions:
(a) Has at least two years of supervisory experience as a 8,622
peace officer at the rank of corporal or above, or has been 8,624
appointed pursuant to section 5503.01 of the Revised Code and
served at the rank of sergeant or above, in the five-year period 8,625
ending immediately prior to the qualification date; 8,626
(b) Has completed satisfactorily at least two years of 8,629
post-secondary education or the equivalent in semester or quarter 8,630
hours in a college or university authorized to confer degrees by 8,631
the Ohio board of regents or the comparable agency of another 8,632
state in which the college or university is located. 8,633
(C) Persons who meet the requirements of division (B) of 8,635
this section, except the requirement of division (B)(2) of this 8,636
section, may take all actions otherwise necessary to comply with 8,638
division (B) of this section. If, on the applicable 8,639
qualification date, no person has met all the requirements of 8,640
division (B) of this section, then persons who have complied with 8,641
and meet the requirements of division (B) of this section, except 8,642
the requirement of division (B)(2) of this section, shall be 8,643
considered qualified candidates under division (B) of this 8,644
section.
(D) Newly elected sheriffs shall attend a basic training 8,647
203
course conducted by the Ohio peace officer training council 8,648
COMMISSION pursuant to division (A) of section 109.80 of the 8,649
Revised Code. A newly elected sheriff shall complete not less 8,650
than two weeks of this course before the first Monday in January 8,651
next after the sheriff's election. While attending the basic 8,652
training course, a newly elected sheriff may, with the approval 8,653
of the board of county commissioners, receive compensation, paid 8,654
for from funds established by the sheriff's county for this
purpose, in the same manner and amounts as if carrying out the 8,655
powers and duties of the office of sheriff. 8,656
Appointed sheriffs shall attend the first basic training 8,659
course conducted by the Ohio peace officer training commission 8,660
pursuant to division (A) of section 109.80 of the Revised Code 8,661
within six months following the date of appointment or election 8,662
to the office of sheriff. commission commission While attending 8,664
the basic training course, appointed sheriffs shall receive
regular compensation in the same manner and amounts as if 8,665
carrying out their regular powers and duties. 8,666
Five days of instruction at the basic training course shall 8,668
be considered equal to one week of work. The costs of conducting 8,669
the basic training course and the costs of meals, lodging, and 8,670
travel of appointed and newly elected sheriffs attending the 8,671
course shall be paid from state funds appropriated to the 8,672
commission for this purpose.
(E) Beginning in the second calendar year of the term of 8,674
appointed and newly elected sheriffs appointed or elected on or 8,675
after January 1, 1988, and beginning in calendar year 1988 for 8,676
other sheriffs, and in IN each calendar year thereafter, each 8,678
sheriff shall attend and successfully complete at least sixteen 8,679
hours of continuing education approved under division (B) of 8,680
section 109.80 of the Revised Code. A sheriff who receives a 8,681
waiver of the continuing education requirement from the 8,682
commission under division (C) of section 109.80 of the Revised 8,683
Code because of medical disability or for other good cause shall 8,684
204
complete the requirement at the earliest time after the 8,685
disability or cause terminates. 8,686
(F)(1) Each person who is a candidate for election to or 8,688
who is under consideration for appointment to the office of 8,689
sheriff shall swear before the administrative judge of the court 8,690
of common pleas as to the truth of any information the person 8,691
provides to verify the person's qualifications for the office. A 8,693
person who violates this requirement is guilty of falsification 8,694
under section 2921.13 of the Revised Code.
(2) Each board of elections shall certify whether or not a 8,696
candidate for the office of sheriff who has filed a declaration 8,697
of candidacy, a statement of candidacy, or a declaration of 8,698
intent to be a write-in candidate meets the qualifications 8,699
specified in divisions (B) and (C) of this section. 8,700
(G) The office of a sheriff who is required to comply with 8,702
division (D) or (E) of this section and who fails to successfully 8,703
complete the courses pursuant to those divisions is hereby deemed 8,704
to be vacant. 8,705
(H) As used in this section: 8,707
(1) "Qualification date" means the last day on which a 8,709
candidate for the office of sheriff can file a declaration of 8,710
candidacy, a statement of candidacy, or a declaration of intent 8,711
to be a write-in candidate, as applicable, in the case of a 8,712
primary election for the office of sheriff; the last day on which 8,713
a person may be appointed to fill a vacancy in a party nomination 8,714
for the office of sheriff under Chapter 3513. of the Revised 8,715
Code, in the case of a vacancy in the office of sheriff; or a 8,716
date thirty days after the day on which a vacancy in the office 8,717
of sheriff occurs, in the case of an appointment to such a 8,718
vacancy under section 305.02 of the Revised Code. 8,719
(2) "Newly elected sheriff" means a person who did not 8,721
hold the office of sheriff of a county on the date the person was 8,722
elected sheriff of that county. 8,723
Sec. 329.023. EACH COUNTY DEPARTMENT OF HUMAN SERVICES 8,725
205
SHALL HAVE HOURS OF OPERATION OUTSIDE THE COUNTY DEPARTMENT'S 8,726
NORMAL HOURS OF OPERATION DURING WHICH THE COUNTY DEPARTMENT WILL 8,727
ACCEPT FROM EMPLOYED INDIVIDUALS APPLICATIONS FOR THE PROGRAMS 8,728
ADMINISTERED BY THE COUNTY DEPARTMENT AND ASSIST EMPLOYED PROGRAM 8,730
RECIPIENTS AND PARTICIPANTS WITH MATTERS RELATED TO THE PROGRAMS.
Sec. 329.04. (A) The county department of human services 8,739
shall have, exercise, and perform the following powers and 8,740
duties:
(1) Perform any duties assigned by the department of human 8,743
services regarding the provision of public social services, 8,744
including the provision of the following services to prevent or 8,745
reduce economic or personal dependency and to strengthen family 8,746
life:
(a) Services authorized by Title IV-A of the "Social 8,748
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 8,750
and known in this state as the Ohio works first program 8,751
established by Chapter 5107. of the Revised Code and the 8,752
prevention, retention, and contingency program established under 8,753
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 8,756
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 8,758
support enforcement agency, services authorized by Title IV-D of 8,759
the "Social Security Act" and provided for by sections 2301.34 to 8,760
2301.44 of the Revised Code. The county department may perform 8,762
the services itself or contract with other government entities, 8,763
and, pursuant to division (C) of section 2301.35 and section 8,764
2301.42 of the Revised Code, private entities, to perform the 8,765
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 8,767
of the Revised Code as required by the state department of human 8,768
services;
(3) Administer burials insofar as the administration of 8,770
206
burials was, prior to September 12, 1947, imposed upon the board 8,771
of county commissioners and if otherwise required by state law; 8,772
(4) Cooperate with state and federal authorities in any 8,774
matter relating to human services and to act as the agent of such 8,775
authorities;
(5) Submit an annual account of its work and expenses to 8,778
the board of county commissioners and to the department of human 8,779
services at the close of each fiscal year;
(6) Exercise any powers and duties relating to human 8,782
services imposed upon the county department of human services by 8,783
law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet 8,784
emergencies during war or peace; 8,785
(7) Determine the eligibility for medical assistance of 8,787
recipients of aid under Title XVI of the "Social Security Act"; 8,788
(8) IF ASSIGNED BY THE DIRECTOR OF HUMAN SERVICES UNDER 8,790
SECTION 5101.515 OF THE REVISED CODE, DETERMINE APPLICANTS' 8,791
ELIGIBILITY FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S HEALTH 8,792
INSURANCE PROGRAM PART II;
(9) Enter into a plan of cooperation with the board of 8,794
county commissioners under section 307.983, consult with the 8,796
board in the development of the transportation work plan
developed under section 307.984, establish with the board 8,797
procedures under section 307.985 for providing services to 8,798
children whose families relocate frequently, and comply with the 8,799
partnership agreement the board enters into under section 307.98
and contracts the board enters into under sections 307.981 and 8,800
307.982 of the Revised Code that affect the county department. 8,801
(B) The powers and duties of a county department of human 8,803
services are, and shall be exercised and performed, under the 8,804
control and direction of the board of county commissioners. The 8,805
board may assign to the county department any power or duty of 8,806
the board regarding human services. If the new power or duty
necessitates the state department of human services changing its 8,807
207
federal cost allocation plan, the county department may not 8,808
implement the power or duty unless the United States department 8,809
of health and human services approves the changes. 8,810
Sec. 329.041. IN EACH COUNTY IN WHICH THERE IS A COUNTY 8,812
TRANSIT BOARD ESTABLISHED BY SECTION 306.01 OF THE REVISED CODE, 8,813
A COUNTY TRANSIT SYSTEM OPERATED UNDER THAT SECTION, OR A 8,815
REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 306.32 OF THE 8,816
REVISED CODE, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL MEET 8,817
NOT LESS THAN ONCE EACH CALENDAR QUARTER WITH TRANSIT 8,818
REPRESENTATIVES OF THE BOARD, SYSTEM, OR AUTHORITY. THE 8,819
DEPARTMENT AND TRANSIT REPRESENTATIVES SHALL DISCUSS THE 8,820
TRANSPORTATION NEEDS OF THE COUNTY'S OHIO WORKS FIRST 8,821
PARTICIPANTS, REVIEW EXISTING EFFORTS AND DEVELOP NEW OPTIONS TO 8,822
MEET THOSE NEEDS, AND MEASURE THE ACCOMPLISHMENTS OF THOSE 8,823
EFFORTS.
Sec. 329.06. (A) Except as provided in division (C) of 8,833
this section, the board of county commissioners shall establish a 8,834
county human services planning committee. The board shall 8,835
appoint a member to represent the county department of human 8,836
services; an employee in the classified civil service of the 8,837
county department of human services, if there are any such
employees; and a member to represent the public. The board shall 8,838
appoint other individuals to the committee in such a manner that 8,839
the committee's membership is broadly representative of the 8,840
groups of individuals and the public and private entities that 8,841
have an interest in the social services provided in the county. 8,842
The board shall make appointments in a manner that reflects the 8,843
ethnic and racial composition of the county. The following 8,844
groups and entities may be represented on the committee: 8,845
(1) Consumers of social services; 8,847
(2) The public children services agency; 8,849
(3) The child support enforcement agency; 8,851
(4) The county family and children first council; 8,853
(5) Public and private colleges and universities; 8,855
208
(6) Public entities that provide social services, 8,857
including boards of health, boards of education, the county board 8,859
of mental retardation and developmental disabilities, and the 8,860
board of alcohol, drug addiction, and mental health services that 8,861
serves the county;
(7) Private nonprofit and for-profit entities that provide 8,864
social services in the county or that advocate for consumers of 8,865
social services in the county, including entities that provide
services to or advocate for victims of domestic violence; 8,866
(8) Labor organizations; 8,868
(9) Any other group or entity that has an interest in the 8,870
social services provided in the county, including groups or 8,871
entities that represent any of the county's business, urban, and 8,872
rural sectors. 8,873
(B) The county human services planning committee shall do 8,876
all of the following: 8,877
(1) Serve as an advisory body to the board of county 8,879
commissioners with regard to the social services provided in the 8,880
county, including assistance under Chapters 5107. and 5108. of 8,882
the Revised Code, publicly funded child day-care under Chapter 8,885
5104. of the Revised Code, and social services provided under 8,888
section 5101.46 of the Revised Code; 8,890
(2) AT LEAST ONCE A YEAR, REVIEW AND ANALYZE THE COUNTY 8,892
DEPARTMENT OF HUMAN SERVICES' IMPLEMENTATION OF THE PROGRAMS 8,893
ESTABLISHED UNDER CHAPTERS 5107. AND 5108. OF THE REVISED CODE. 8,894
IN ITS REVIEW, THE COMMITTEE SHALL USE INFORMATION AVAILABLE TO 8,896
IT TO EXAMINE ALL OF THE FOLLOWING: 8,897
(a) RETURN OF ASSISTANCE GROUPS TO PARTICIPATION IN EITHER 8,900
PROGRAM AFTER CEASING TO PARTICIPATE;
(b) TEEN PREGNANCY RATES AMONG THE PROGRAMS' PARTICIPANTS; 8,902
(c) THE OTHER TYPES OF ASSISTANCE THE PROGRAMS' 8,904
PARTICIPANTS RECEIVE, INCLUDING MEDICAL ASSISTANCE UNDER CHAPTER 8,905
5111. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER 8,907
CHAPTER 5104. OF THE REVISED CODE, FOOD STAMP BENEFITS UNDER 8,909
209
SECTION 5101.54 OF THE REVISED CODE, AND ENERGY ASSISTANCE UNDER 8,911
CHAPTER 5117. OF THE REVISED CODE; 8,912
(d) OTHER ISSUES THE COMMITTEE CONSIDERS APPROPRIATE. 8,914
THE COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF 8,916
COUNTY COMMISSIONERS AND COUNTY DEPARTMENT OF HUMAN SERVICES 8,917
REGARDING THE COMMITTEE'S FINDINGS. 8,918
(3) Provide comments and recommendations to the board 8,920
prior to the board's entering into or substantially amending a 8,921
partnership agreement with the director of human services under 8,924
section 307.98 of the Revised Code; 8,925
(3)(4) Conduct public hearings on proposed county profiles 8,928
for the provision of social services under section 5101.46 of the 8,929
Revised Code; 8,931
(4)(5) At the request of the board, make recommendations 8,933
and provide assistance regarding the social services provided in 8,934
the county; 8,935
(5)(6) At any other time the committee considers 8,937
appropriate, consult with the board and make recommendations 8,938
regarding the social services provided in the county. The 8,939
committee's recommendations may address the following: 8,940
(a) Implementation and administration of social service 8,943
programs;
(b) Use of federal, state, and local funds available for 8,946
social service programs;
(c) Establishment of goals to be achieved by social 8,949
service programs;
(d) Evaluation of the outcomes of social service programs; 8,952
(e) Any other matter the board considers relevant to the 8,955
provision of social services.
(C) If there is a committee in existence in a county on 8,958
the effective date of this amendment OCTOBER 1, 1997, that the 8,959
board of county commissioners determines is capable of fulfilling 8,961
the responsibilities of a county human services planning 8,962
committee, the board may designate the committee as the county's 8,963
210
human services planning committee and the committee shall serve 8,964
in that capacity.
Sec. 329.07. AS USED IN THIS SECTION, "OHIO WORKS FIRST" 8,966
AND "TITLE IV-A" HAVE THE SAME MEANINGS AS IN SECTION 5107.02 OF 8,969
THE REVISED CODE.
EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE AT 8,971
LEAST ONE OHIO WORKS FIRST OMBUDSPERSON. A COUNTY DEPARTMENT MAY 8,972
PROVIDE FOR AN OHIO WORKS FIRST PARTICIPANT WHO RESIDES IN THE 8,973
COUNTY THE COUNTY DEPARTMENT SERVES AND IS QUALIFIED TO PERFORM 8,974
THE DUTIES OF AN OMBUDSPERSON TO BE AN OMBUDSPERSON. IF NO OHIO 8,976
WORKS FIRST PARTICIPANT RESIDING IN THE COUNTY THE COUNTY 8,977
DEPARTMENT SERVES IS QUALIFIED TO PERFORM THE DUTIES OF AN
OMBUDSPERSON, THE COUNTY DEPARTMENT SHALL PROVIDE FOR ONE OR MORE 8,978
EMPLOYEES OF THE COUNTY DEPARTMENT TO BE OMBUDSPERSONS OR 8,979
CONTRACT WITH A PERSON OR GOVERNMENT ENTITY FOR THE PERSON OR 8,980
ENTITY TO PERFORM THE DUTIES OF AN OMBUDSPERSON FOR THE COUNTY 8,981
DEPARTMENT. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE COUNTY 8,982
DEPARTMENT MAY USE FUNDS AVAILABLE UNDER TITLE IV-A TO PROVIDE 8,983
FOR COUNTY DEPARTMENT EMPLOYEES OR A PERSON OR GOVERNMENT ENTITY 8,985
UNDER CONTRACT WITH THE COUNTY DEPARTMENT TO PERFORM THE DUTIES 8,986
OF AN OMBUDSPERSON.
AN OHIO WORKS FIRST OMBUDSPERSON SHALL HELP OHIO WORKS 8,988
FIRST APPLICANTS AND PARTICIPANTS RESOLVE COMPLAINTS THE 8,989
APPLICANTS AND PARTICIPANTS HAVE ABOUT THE ADMINISTRATION OF OHIO 8,990
WORKS FIRST AND HELP PARTICIPANTS CONTACT CASEWORKERS FOR THE 8,991
PURPOSE OF SCHEDULING MEETINGS UNDER SECTION 5107.161 OF THE 8,992
REVISED CODE.
Sec. 329.12. (A) A county department of human services 9,002
may establish an individual development account program for 9,003
residents of the county. The program shall provide for 9,004
establishment of accounts for participants and acceptance of
contributions from others INDIVIDUALS AND ENTITIES, INCLUDING THE 9,005
COUNTY DEPARTMENT, to be used as matching funds for deposit in 9,006
the accounts. 9,007
211
(B) A county department shall select a fiduciary 9,011
organization to administer its individual development account 9,012
program. In selecting a fiduciary organization, the department 9,014
shall consider all of the following regarding the organization: 9,016
(1) Its ability to market the program to potential 9,018
participants and matching fund contributors; 9,019
(2) Its ability to invest money in the accounts in a way 9,022
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 9,024
ability to verify eligibility of individuals for participation in 9,025
the program, prevent unauthorized use of matching contributions, 9,027
and enforce any penalties for unauthorized uses that may be 9,028
provided for by rule adopted by the state department of human 9,029
services under section 5101.971 of the Revised Code.; 9,030
(4) Its ability to provide financial counseling to 9,033
participants;
(5) Its affiliation with other activities designed to 9,035
increase the independence of individuals and families through 9,036
postsecondary education, home ownership, and business 9,037
development; 9,038
(6) Any other factor the county department considers 9,040
appropriate.
(C) At the time it commences the program and on the first 9,044
day of each subsequent program year, the county department may 9,045
make a grant to the fiduciary organization to pay all or part of 9,046
the administrative costs of the program.
(D) The county department shall require the fiduciary 9,050
organization to collect and maintain information regarding the 9,051
program, including all of the following: 9,052
(1) The number of accounts established; 9,054
(2) The amount deposited by each participant and the 9,057
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 9,059
including the number of participants who used funds for 9,060
212
postsecondary educational expenses and the institutions attended, 9,062
the number of personal residences purchased, and the number of 9,063
participants who used funds for business capitalization; 9,064
(4) The demographics of program participants; 9,066
(5) The number of participants who withdrew from the 9,068
program and the reasons for withdrawal. 9,069
(E) The county department shall prepare and file with the 9,073
state department of human services a semi-annual report 9,074
containing the information the state department requires by rule 9,075
adopted under section 5101.971 of the Revised Code, with the 9,077
first report being filed at the end of the six-month period 9,078
following the effective date of this section OCTOBER 1, 1997. 9,079
Sec. 340.03. (A) Subject to rules issued by the director 9,088
of mental health after consultation with relevant constituencies 9,089
as required by division (A)(11) of section 5119.06 of the Revised 9,090
Code, with regard to mental health services, the board of 9,091
alcohol, drug addiction, and mental health services shall: 9,092
(1) Serve as the community mental health planning agency 9,094
for the county or counties under its jurisdiction, and in so 9,095
doing it shall: 9,096
(a) Evaluate the need for mental health programs and 9,098
facilities; 9,099
(b) Assess the community mental health needs, set 9,101
priorities, and develop plans for the operation of community 9,102
mental health services and programs, and facilities for those 9,103
services and programs, in cooperation with other local and 9,104
regional planning and funding bodies and with relevant ethnic 9,105
organizations; 9,106
(c) In accordance with guidelines issued by the director 9,108
of mental health after consultation with board representatives, 9,109
develop and submit to the department of mental health, no later 9,110
than six months prior to the conclusion of the fiscal year in 9,111
which the board's current plan is scheduled to expire, a 9,112
community mental health plan listing community mental health 9,113
213
needs, including the needs of all residents of the district now 9,114
residing in state mental institutions and severely mentally 9,115
disabled adults, children, and adolescents; all children subject 9,117
to a determination made pursuant to section 121.38 of the Revised
Code; and all mental health programs and facilities that are or 9,120
will be in operation during the period for which the plan will be 9,121
in operation in the service district to meet such needs. 9,122
The plan shall include, but not be limited to, a statement 9,124
of which of the services listed in section 340.09 of the Revised 9,125
Code the board intends to provide or purchase, an explanation of 9,126
how the board intends to make any payments that it may be 9,127
required to pay under section 5119.62 of the Revised Code, a 9,128
statement of the inpatient and community-based services the board 9,129
proposes that the department operate, an assessment of the number 9,130
and types of residential facilities needed, and such other 9,131
information as the department requests, and a budget for moneys 9,132
the board expects to receive. The board shall also submit an 9,133
allocation request for state and federal funds. Within sixty 9,134
days after the department's determination that the plan and 9,135
allocation request are complete, the department shall approve or 9,136
disapprove the plan and request, in whole or in part, according 9,137
to the criteria developed pursuant to section 5119.61 of the 9,138
Revised Code. The department's statement of approval or 9,139
disapproval shall specify the inpatient and the community-based 9,140
services that the department will operate for the board. 9,141
Eligibility for financial support shall be contingent upon an 9,142
approved plan or relevant part of a plan. 9,143
If the director disapproves all or part of any plan, he THE 9,145
DIRECTOR shall inform the board of the reasons for the 9,146
disapproval and of the criteria that must be met before the plan 9,147
may be approved. The director shall provide the board an 9,148
opportunity to present its case on behalf of the plan. The 9,149
director shall give the board a reasonable time in which to meet 9,150
the criteria, and shall offer the board technical assistance to 9,151
214
help it meet the criteria. 9,152
If the approval of a plan remains in dispute thirty days 9,154
prior to the conclusion of the fiscal year in which the board's 9,155
current plan is scheduled to expire, the board or the director 9,156
may request that the dispute be submitted to a mutually agreed 9,157
upon third-party mediator with the cost to be shared by the board 9,158
and the department. The mediator shall issue to the board and 9,159
the department recommendations for resolution of the dispute. 9,160
Prior to the conclusion of the fiscal year in which the current 9,161
plan is scheduled to expire, the director, taking into 9,162
consideration the recommendations of the mediator, shall make a 9,163
final determination and approve or disapprove the plan, in whole 9,164
or in part. 9,165
If a board determines that it is necessary to amend a plan 9,167
or an allocation request that has been approved under division 9,168
(A)(1)(c) of this section, the board shall submit a proposed 9,169
amendment to the director. The director may approve or 9,170
disapprove all or part of the amendment. If the director does 9,171
not approve all or part of the amendment within thirty days after 9,172
it is submitted, the amendment or part of it shall be considered 9,173
to have been approved. The director shall inform the board of 9,174
the reasons for disapproval of all or part of an amendment and of 9,176
the criteria that must be met before the amendment may be 9,178
approved. The director shall provide the board an opportunity to 9,179
present its case on behalf of the amendment. The director shall 9,180
give the board a reasonable time in which to meet the criteria, 9,181
and shall offer the board technical assistance to help it meet 9,182
the criteria.
The board shall implement the plan approved by the 9,184
department. 9,185
(d) Receive, compile, and transmit to the department of 9,187
mental health applications for state reimbursement; 9,188
(e) Promote, arrange, and implement working agreements 9,190
with social agencies, both public and private, and with judicial 9,191
215
agencies. 9,192
(2) Investigate, or request another agency to investigate, 9,194
any complaint alleging abuse or neglect of any person receiving 9,195
services from a community mental health agency as defined in 9,196
section 5122.01 of the Revised Code, or from a residential 9,197
facility licensed under section 5119.22 of the Revised Code. If 9,198
the investigation substantiates the charge of abuse or neglect, 9,199
the board shall take whatever action it determines is necessary 9,200
to correct the situation, including notification of the 9,201
appropriate authorities. Upon request, the board shall provide 9,202
information about such investigations to the department. 9,203
(3) Review, evaluate, and conduct program audits for 9,205
community mental health services, facilities, and agencies 9,206
seeking federal, state, or board assistance, review licensure 9,207
applications pursuant to section 5119.22 of the Revised Code, and 9,208
determine if the services meet minimum standards established 9,209
pursuant to division (G) of section 5119.01 of the Revised Code 9,210
and submit its findings and recommendations to the department of 9,211
mental health.; 9,212
(4) Audit, in accordance with rules adopted by the auditor 9,214
of state pursuant to section 117.20 of the Revised Code, at least 9,215
annually all programs and services provided under contract with 9,216
the board. In so doing, the board may contract for or employ the 9,217
services of private auditors. A copy of the fiscal audit report 9,218
shall be provided to the director of mental health, the auditor 9,219
of state, and the county auditor of each county in the board's 9,220
district. 9,221
(5) Recruit and promote local financial support for mental 9,223
health programs from private and public sources; 9,224
(6)(a) Enter into contracts with public and private 9,226
agencies for the provision of mental health services and 9,227
facilities. Section 307.86 of the Revised Code does not apply to 9,228
contracts entered into under this division. In contracting with 9,229
a public or private agency, a board shall consider the cost 9,230
216
effectiveness of services provided by that agency and the quality 9,231
and continuity of care, and may review cost elements, including 9,232
salary costs, of the services to be provided. A utilization 9,233
review process shall be established as part of the contract for 9,234
services entered into between a board and a public or private 9,235
agency. The board may establish this process in a way which is 9,236
most effective and efficient in meeting local needs. IN THE CASE 9,237
OF A CONTRACT WITH A COMMUNITY MENTAL HEALTH FACILITY DESCRIBED 9,238
IN DIVISION (B) OF SECTION 5111.022 OF THE REVISED CODE TO 9,239
PROVIDE SERVICES ESTABLISHED BY DIVISION (A) OF THAT SECTION, THE 9,240
CONTRACT SHALL PROVIDE FOR THE FACILITY TO BE PAID IN ACCORDANCE 9,241
WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS OF HUMAN 9,242
SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT SECTION AND 9,243
ANY RULES ADOPTED UNDER DIVISION (A) OF SECTION 5119.61 OF THE 9,244
REVISED CODE.
If either the board or a community mental health agency 9,246
with which it contracts for mental health services, programs, or 9,247
facilities proposes not to renew the contract or proposes 9,248
substantial changes in contract terms, the other party shall be 9,249
given written notice at least one hundred twenty days before the 9,250
expiration date of the contract. During the first sixty days of 9,251
this one hundred twenty-day period, both parties shall attempt to 9,252
resolve any dispute through good faith collaboration and 9,253
negotiation in order to continue to provide services to persons 9,254
in need. If the dispute has not been resolved sixty days before 9,255
the expiration date of the contract, either party may notify the 9,256
department of mental health of the unresolved dispute. The 9,257
director may require both parties to submit the dispute to a 9,258
third party with the cost to be shared by the board and the 9,259
agency. The third party shall issue to the board, the agency, 9,260
and the department recommendations on how the dispute may be 9,261
resolved twenty days prior to the expiration date of the 9,262
contract, unless both parties agree to a time extension. The 9,263
director shall adopt rules establishing the procedures of this 9,264
217
dispute resolution process. 9,265
(b) With the prior approval of the director of mental 9,267
health, a board may operate a mental health service, program, or 9,268
facility as follows, if there is no other qualified private or 9,269
public agency that is immediately available and willing to 9,270
operate such service, program, or facility: 9,271
(i) In an emergency situation, any board may operate a 9,273
mental health service, program, or facility in order to provide 9,274
essential services for the duration of the emergency; 9,275
(ii) In a service district with a population of at least 9,277
one hundred thousand but less than five hundred thousand, a board 9,278
may operate a mental health service, program, or facility for no 9,279
longer than one year; 9,280
(iii) In a service district with a population of less than 9,282
one hundred thousand, a board may operate a mental health 9,283
service, program, or facility for no longer than one year, except 9,284
that such a board may operate a mental health service, program, 9,285
or facility for more than one year with the prior approval of the 9,286
director and the prior approval of the board of county 9,287
commissioners, or of a majority of the boards of county 9,288
commissioners if the district is a joint-county district. 9,289
The director shall not give a board approval to operate a 9,292
mental health service, program, or facility under division
(A)(6)(b)(ii) or (iii) of this section unless the director 9,293
determines that it is not feasible to have the department operate 9,295
the service, program, or facility. 9,296
The director shall not give a board approval to operate a 9,299
mental health service, program, or facility under division
(A)(6)(b)(iii) of this section unless the director determines 9,300
that the board's service, program, or facility will provide 9,302
greater administrative efficiency and more or better services 9,303
than would be available if the board contracted with a private or 9,304
public agency for provision of the services. 9,305
The director shall not give a board approval to operate a 9,308
218
mental health service, program, or facility previously operated
by a community mental health agency unless the board has 9,309
established to the director's satisfaction that the agency cannot 9,310
effectively provide the service, program, or facility, or that 9,311
the agency has requested the board to take over operation of the 9,312
service, program, or facility. 9,313
The director shall review and evaluate the operation of 9,315
each mental health service, program, or facility operated by a 9,316
board under division (A)(6)(b) of this section. 9,317
Nothing in division (A)(6)(b) of this section authorizes a 9,319
board to administer or direct the daily operation of any 9,320
community mental health agency, but an agency may contract with a 9,321
board to receive administrative services or staff direction from 9,322
the board under the direction of the governing body of the 9,323
agency. 9,324
(7) Approve fee schedules and related charges or adopt a 9,326
unit cost schedule or other methods of payment for contract 9,327
services provided by community mental health agencies in 9,328
accordance with guidelines issued by the department as necessary 9,329
to comply with state and federal laws pertaining to financial 9,330
assistance; 9,331
(8) Submit to the director and the county commissioners of 9,333
the county or counties served by the board, and make available to 9,334
the public, an annual report of the programs under the 9,335
jurisdiction of the board, including a fiscal accounting; 9,336
(9) Establish, to the extent resources are available, a 9,338
community support system, which provides for treatment, support, 9,339
and rehabilitation services and opportunities. The essential 9,340
elements of the system include, but are not limited to, the 9,341
following components in accordance with section 5119.06 of the 9,342
Revised Code: 9,343
(a) To locate persons in need of mental health services to 9,345
inform them of available services and benefits mechanisms; 9,346
(b) Assistance for clients to obtain services necessary to 9,348
219
meet basic human needs for food, clothing, shelter, medical care, 9,349
personal safety, and income; 9,350
(c) Mental health care, including, but not limited to, 9,352
outpatient, partial hospitalization, and, where appropriate, 9,354
inpatient care;
(d) Emergency services and crisis intervention; 9,356
(e) Assistance for clients to obtain vocational services 9,358
and opportunities for jobs; 9,359
(f) The provision of services designed to develop social, 9,361
community, and personal living skills; 9,362
(g) Access to a wide range of housing and the provision of 9,364
residential treatment and support; 9,365
(h) Support, assistance, consultation, and education for 9,367
families, friends, consumers of mental health services, and 9,368
others; 9,369
(i) Recognition and encouragement of families, friends, 9,371
neighborhood networks, especially networks that include racial 9,372
and ethnic minorities, churches, community organizations, and 9,373
meaningful employment as natural supports for consumers of mental 9,374
health services; 9,375
(j) Grievance procedures and protection of the rights of 9,377
consumers of mental health services; 9,378
(k) Case management, which includes continual 9,380
individualized assistance and advocacy to ensure that needed 9,381
services are offered and procured. 9,382
(10) Designate the treatment program, agency, or facility 9,385
for each person involuntarily committed to the board pursuant to 9,386
Chapter 5122. of the Revised Code and authorize payment for such 9,387
treatment. The board shall provide the least restrictive and 9,388
most appropriate alternative that is available for any person 9,389
involuntarily committed to it and shall assure that the services 9,390
listed in section 340.09 of the Revised Code are available to 9,391
severely mentally disabled persons residing within its service 9,392
district. The board shall establish the procedure for 9,393
220
authorizing payment for services, which may include prior 9,394
authorization in appropriate circumstances. The board may
provide for services directly to a severely mentally disabled 9,395
person when life or safety is endangered and when no community 9,396
mental health agency is available to provide the service. 9,397
(11) Establish a method for evaluating referrals for 9,400
involuntary commitment and affidavits filed pursuant to section 9,401
5122.11 of the Revised Code in order to assist the probate 9,402
division of the court of common pleas in determining whether 9,403
there is probable cause that a respondent is subject to
involuntary hospitalization and what alternative treatment is 9,404
available and appropriate, if any. 9,405
(12) Ensure that apartments or rooms built, subsidized, 9,408
renovated, rented, owned, or leased by the board or a community 9,409
mental health agency have been approved as meeting minimum fire 9,410
safety standards and that persons residing in the rooms or 9,411
apartments are receiving appropriate and necessary services, 9,412
including culturally relevant services, from a community mental 9,413
health agency. This division does not apply to residential 9,414
facilities licensed pursuant to section 5119.22 of the Revised 9,415
Code.
(13) Establish a mechanism for involvement of consumer 9,418
recommendation and advice on matters pertaining to mental health 9,419
services in the alcohol, drug addiction, and mental health 9,420
service district;
(14) PERFORM THE DUTIES REQUIRED BY RULES ADOPTED UNDER 9,422
SECTION 5119.61 OF THE REVISED CODE REGARDING REFERRALS BY THE 9,424
BOARD OR MENTAL HEALTH AGENCIES UNDER CONTRACT WITH THE BOARD 9,425
UNDER SECTION 3722.18 OF THE REVISED CODE OF INDIVIDUALS WITH
MENTAL ILLNESS OR SEVERE MENTAL DISABILITY TO ADULT CARE 9,426
FACILITIES AND EFFECTIVE ARRANGEMENTS FOR ONGOING MENTAL HEALTH 9,427
SERVICES FOR THE INDIVIDUALS. THE BOARD IS ACCOUNTABLE IN THE 9,428
MANNER SPECIFIED IN THE RULES FOR ENSURING THAT THE ONGOING 9,429
MENTAL HEALTH SERVICES ARE EFFECTIVELY ARRANGED FOR THE
221
INDIVIDUALS. 9,430
(B) The board shall establish such rules, operating 9,432
procedures, standards, and bylaws, and perform such other duties 9,433
as may be necessary or proper to carry out the purposes of this 9,434
chapter. 9,435
(C) A board of alcohol, drug addiction, and mental health 9,438
services may receive by gift, grant, devise, or bequest any 9,439
moneys, lands, or property for the benefit of the purposes for 9,440
which the board is established, and may hold and apply it 9,441
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest 9,443
shall be deposited in the treasury of the county, the treasurer 9,444
of which is custodian of the alcohol, drug addiction, and mental 9,445
health services funds to the credit of the board and shall be 9,446
available for use by the board for purposes stated by the donor 9,447
or grantor.
(D) No board member or employee of a board of alcohol, 9,449
drug addiction, and mental health services shall be liable for 9,450
injury or damages caused by any action or inaction taken within 9,451
the scope of his THE BOARD MEMBER'S official duties or THE 9,452
EMPLOYEE'S employment, whether or not such action or inaction is 9,453
expressly authorized by this section, section 340.033, or any 9,454
other section of the Revised Code, unless such action or inaction 9,455
constitutes willful or wanton misconduct. Chapter 2744. of the 9,456
Revised Code applies to any action or inaction by a board member 9,457
or employee of a board taken within the scope of the board 9,458
member's official duties or employee's employment. For the
purposes of this division, the conduct of a board member or 9,459
employee shall not be considered willful or wanton misconduct if 9,460
the board member or employee acted in good faith and in a manner 9,461
that the board member or employee reasonably believed was in or 9,463
was not opposed to the best interests of the board and, with 9,464
respect to any criminal action or proceeding, had no reasonable 9,465
cause to believe the conduct was unlawful. 9,466
222
(E) The meetings held by any committee established by a 9,468
board of alcohol, drug addiction, and mental health services 9,469
shall be considered to be meetings of a public body subject to 9,470
section 121.22 of the Revised Code. 9,471
Sec. 340.091. EACH BOARD OF ALCOHOL, DRUG ADDICTION, AND 9,473
MENTAL HEALTH SERVICES SHALL CONTRACT WITH A COMMUNITY MENTAL 9,474
HEALTH AGENCY UNDER DIVISION (A)(6)(a) OF SECTION 340.03 OF THE 9,476
REVISED CODE FOR THE AGENCY TO DO ALL OF THE FOLLOWING IN 9,477
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 5119.61 OF THE 9,478
REVISED CODE FOR AN INDIVIDUAL REFERRED TO THE AGENCY UNDER 9,479
DIVISION (C)(2) OF SECTION 173.35 OF THE REVISED CODE: 9,480
(A) ASSESS THE INDIVIDUAL TO DETERMINE WHETHER TO 9,482
RECOMMEND THAT A PASSPORT ADMINISTRATIVE AGENCY DETERMINE THAT 9,483
THE ENVIRONMENT IN WHICH THE INDIVIDUAL WILL BE LIVING WHILE 9,484
RECEIVING RESIDENTIAL STATE SUPPLEMENT PAYMENTS IS APPROPRIATE 9,486
FOR THE INDIVIDUAL'S NEEDS AND, IF IT DETERMINES THE ENVIRONMENT
IS APPROPRIATE, ISSUE THE RECOMMENDATION TO THE PASSPORT 9,488
ADMINISTRATIVE AGENCY;
(B) PROVIDE ONGOING MONITORING TO ENSURE THAT SERVICES 9,490
PROVIDED UNDER SECTION 340.09 OF THE REVISED CODE ARE AVAILABLE 9,491
TO THE INDIVIDUAL; 9,493
(C) PROVIDE DISCHARGE PLANNING TO ENSURE THE INDIVIDUAL'S 9,495
EARLIEST POSSIBLE TRANSITION TO A LESS RESTRICTIVE ENVIRONMENT. 9,496
Sec. 341.011. (A) If a person who was convicted of or 9,505
pleaded guilty to an offense of violence that is a felony or was 9,507
indicted or otherwise charged with the commission of an offense 9,509
of violence that is a felony escapes from a county jail or 9,510
workhouse or otherwise escapes from the custody of the A sheriff 9,511
of that county, the sheriff immediately after the escape shall 9,512
cause notice of REPORT the escape, BY TELEPHONE AND IN WRITING, 9,515
TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE 9,516
PLACE WHERE THE PERSON ESCAPED FROM CUSTODY, TO THE STATE HIGHWAY 9,517
PATROL, TO THE DEPARTMENT OF REHABILITATION AND CORRECTION IF THE 9,518
ESCAPED PERSON IS A PRISONER UNDER THE CUSTODY OF THE DEPARTMENT 9,519
223
WHO IS IN THE JAIL OR WORKHOUSE, TO THE PROSECUTING ATTORNEY OF 9,520
THE COUNTY, AND to be published in a newspaper of general 9,521
circulation in the county. The sheriff also immediately after 9,522
the escape shall give notice of the escape by telephone and in 9,523
writing to the prosecuting attorney of the county. Upon THE 9,524
WRITTEN NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. 9,525
A FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF 9,527
SECTION 2921.22 OF THE REVISED CODE. 9,528
(B) UPON the apprehension of the escaped person, the 9,530
sheriff shall give notice of the apprehension of the escaped 9,532
person by telephone and in writing to the prosecuting attorney 9,533
PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 9,534
Sec. 718.01. (A) As used in this chapter: 9,543
(1) "Internal Revenue Code" means the Internal Revenue 9,545
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 9,546
(2) "Schedule C" means internal revenue service schedule C 9,548
filed by a taxpayer pursuant to the Internal Revenue Code. 9,549
(3) "Form 2106" means internal revenue service form 2106 9,551
filed by a taxpayer pursuant to the Internal Revenue Code. 9,552
(4) "Intangible income" means income of any of the 9,554
following types: income yield, interest, dividends, or other 9,555
income arising from the ownership, sale, exchange, or other 9,556
disposition of intangible property including, but not limited to, 9,557
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code. 9,558
(B) No municipal corporation with respect to that income 9,560
which THAT it may tax shall tax such income at other than a 9,562
uniform rate.
(C) No municipal corporation shall levy a tax on income at 9,564
a rate in excess of one per cent without having obtained the 9,565
approval of the excess by a majority of the electors of the 9,566
municipality voting on the question at a general, primary, or 9,567
special election. The legislative authority of the municipal 9,568
corporation shall file with the board of elections at least
224
seventy-five days before the day of the election a copy of the 9,569
ordinance together with a resolution specifying the date the 9,570
election is to be held and directing the board of elections to 9,571
conduct the election. The ballot shall be in the following form: 9,572
"Shall the Ordinance providing for a... per cent levy on income 9,573
for (Brief description of the purpose of the proposed levy) be
passed? 9,574
FOR THE INCOME TAX 9,576
AGAINST THE INCOME TAX" 9,578
In the event of an affirmative vote, the proceeds of the 9,580
levy may be used only for the specified purpose. 9,581
(D)(1) Except as otherwise provided in division (D)(2) of 9,583
this section, no municipal corporation shall exempt from a tax on 9,584
income, compensation for personal services of individuals over 9,585
eighteen years of age or the net profit from a business or 9,586
profession.
(2) The legislative authority of a municipal corporation 9,588
may, by ordinance or resolution, exempt from a tax on income any 9,589
compensation arising from the grant, sale, exchange, or other 9,590
disposition of a stock option; the exercise of a stock option; or 9,591
the sale, exchange, or other disposition of stock purchased under 9,592
a stock option.
(E) Nothing in this section shall prevent a municipal 9,594
corporation from permitting lawful deductions as prescribed by 9,595
ordinance. If a taxpayer's taxable income includes income 9,596
against which the taxpayer has taken a deduction for federal 9,597
income tax purposes as reportable on the taxpayer's form 2106, 9,598
and against which a like deduction has not been allowed by the
municipal corporation, the municipal corporation shall deduct 9,599
from the taxpayer's taxable income an amount equal to the 9,600
deduction shown on such form allowable against such income, to 9,601
the extent not otherwise so allowed as a deduction by the 9,602
municipal corporation. In the case of a taxpayer who has a net
profit from a business or profession that is operated as a sole 9,603
225
proprietorship, no municipal corporation may tax or use as the 9,604
base for determining the amount of the net profit that shall be 9,605
considered as having a taxable situs in the municipal 9,606
corporation, a greater amount than the net profit reported by the
taxpayer on schedule C filed in reference to the year in question 9,607
as taxable income from such sole proprietorship, except as 9,608
otherwise specifically provided by ordinance or regulation. 9,609
(F) No municipal corporation shall tax any of the 9,611
following:
(1) The military pay or allowances of members of the armed 9,613
forces of the United States and of members of their reserve 9,614
components, including the Ohio national guard; 9,615
(2) The income of religious, fraternal, charitable, 9,617
scientific, literary, or educational institutions to the extent 9,618
that such income is derived from tax-exempt real estate, 9,619
tax-exempt tangible or intangible property, or tax-exempt 9,620
activities;
(3) Except as otherwise provided in division (G) of this 9,622
section, intangible income; 9,623
(4) Compensation paid under section 3501.28 or 3501.36 of 9,625
the Revised Code to a person serving as a precinct election 9,626
official, to the extent that such compensation does not exceed 9,627
one thousand dollars annually. Such compensation in excess of 9,628
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 9,629
of such compensation to withhold any tax from that compensation. 9,630
(5) Compensation paid to an employee of a transit 9,632
authority, regional transit authority, or regional transit 9,633
commission created under Chapter 306. of the Revised Code for 9,634
operating a transit bus or other motor vehicle for the authority 9,635
or commission in or through the municipal corporation, unless the
bus or vehicle is operated on a regularly scheduled route, the 9,636
operator is subject to such a tax by reason of residence or 9,637
domicile in the municipal corporation, or the headquarters of the 9,638
226
authority or commission is located within the municipal 9,639
corporation.
(6) The income of a public utility when that public 9,641
utility is subject to the tax levied under section 5727.24 OR 9,642
5727.30 of the Revised Code. 9,644
(G) Any municipal corporation that taxes any type of 9,646
intangible income on March 29, 1988, pursuant to Section 3 of 9,647
Amended Substitute Senate Bill No. 238 of the 116th general 9,648
assembly, may continue to tax that type of income after 1988 if a 9,649
majority of the electors of the municipal corporation voting on 9,650
the question of whether to permit the taxation of that type of
intangible income after 1988 vote in favor thereof at an election 9,651
held on November 8, 1988. 9,652
(H) Nothing in this section or section 718.02 of the 9,654
Revised Code, shall authorize the levy of any tax on income which 9,656
THAT a municipal corporation is not authorized to levy under 9,658
existing laws or shall require a municipal corporation to allow a 9,659
deduction from taxable income for losses incurred from a sole 9,660
proprietorship or partnership.
Sec. 742.63. The board of trustees of the police and 9,669
firemen's disability and pension fund shall adopt rules for the 9,671
management of the firemen and policemen's death benefit fund and 9,673
for disbursements of benefits as set forth in this section. 9,674
(A) As used in this section: 9,676
(1) "Member" means a member of the police and firemen's 9,678
disability and pension fund or the state highway patrol 9,679
retirement system, or a member of the public employees retirement 9,680
system who at the time of the member's death was a county sheriff 9,681
or deputy sheriff, a full-time regular police officer in a 9,682
municipal corporation or township, a full-time regular 9,683
firefighter employed by the state, an instrumentality of the 9,685
state, a municipal corporation, a township, a joint fire 9,686
district, or another political subdivision, a full-time park 9,687
district ranger or patrol trooper, a full-time law enforcement 9,688
227
officer of the department of natural resources, a full-time 9,689
department of public safety enforcement agent, a full-time law 9,690
enforcement officer of parks, waterway lands, or reservoir lands 9,693
under the control of a municipal corporation, a full-time law 9,694
enforcement officer of a conservancy district, a correction 9,695
officer at an institution under the control of a county, a group 9,696
of counties, a municipal corporation, or the department of 9,697
rehabilitation and correction, a state university law enforcement 9,698
officer, or a member of a retirement system operated by a 9,699
municipal corporation who at the time of death was a full-time 9,700
law enforcement officer of parks, waterway lands, or reservoir 9,701
lands under the control of the municipal corporation. 9,702
(2) Notwithstanding section 742.01 of the Revised Code, 9,704
"fire or police department" includes a fire department of the 9,705
state or an instrumentality of the state or of a municipal 9,706
corporation, township, joint fire district, or other political 9,707
subdivision, the state highway patrol, a county sheriff's office, 9,708
the security force of an institution under the control of the 9,709
department of rehabilitation and correction, the security force 9,710
of a jail or workhouse under the control of a county, group of 9,711
counties, or municipal corporation, the security force of a 9,712
metropolitan, county, or township park district, the security 9,713
force of lands under the control of the department of natural 9,714
resources, department of public safety enforcement agents, the 9,716
security force of parks, waterway lands, or reservoir lands under 9,718
the control of a municipal corporation, the security force of a 9,719
conservancy district, the police department of a township or 9,720
municipal corporation, and the police force of a state 9,721
university.
(3) "Firefighter or police officer" includes a state 9,724
highway patrol trooper, a county sheriff or deputy sheriff, a 9,725
correction officer at an institution under the control of a 9,726
county, a group of counties, a municipal corporation, or the 9,727
department of rehabilitation and correction, a police officer 9,728
228
employed by a township or municipal corporation, a firefighter 9,730
employed by the state, an instrumentality of the state, a 9,732
municipal corporation, a township, a joint fire district, or 9,733
another political subdivision, a full-time park district ranger 9,734
or patrol trooper, a full-time law enforcement officer of the 9,736
department of natural resources, a full-time department of public 9,737
safety enforcement agent, a full-time law enforcement officer of 9,739
parks, waterway lands, or reservoir lands under the control of a 9,740
municipal corporation, a full-time law enforcement officer of a 9,741
conservancy district, and a state university law enforcement 9,742
officer.
(4) "Correction officer" includes, in addition to any 9,744
correction officer, any correction corporal, sergeant, 9,745
lieutenant, or captain, and the equivalents of all such persons. 9,746
(5) "A park district ranger or patrol trooper" means a 9,749
peace officer commissioned to make arrests, execute warrants, and 9,750
preserve the peace upon lands under the control of a board of 9,751
park commissioners of a metropolitan, county, or township park 9,752
district. 9,753
(6) "Metropolitan, county, or township park district" 9,755
means a park district created under the authority of Chapter 511. 9,756
or 1545. of the Revised Code. 9,757
(7) "Conservancy district" means a conservancy district 9,759
created under the authority of Chapter 6101. of the Revised Code. 9,760
(8) "Law enforcement officer" means an officer 9,762
commissioned to make arrests, execute warrants, and preserve the 9,763
peace upon lands under the control of the governmental entity 9,764
granting the commission. 9,765
(9) "Department of natural resources law enforcement 9,767
officer" includes a forest officer designated pursuant to section 9,768
1503.29 of the Revised Code, a preserve officer designated 9,769
pursuant to section 1517.10 of the Revised Code, a wildlife 9,770
officer designated pursuant to section 1531.13 of the Revised 9,771
Code, a park officer designated pursuant to section 1541.10 of 9,772
229
the Revised Code, and a state watercraft officer designated 9,773
pursuant to section 1547.521 of the Revised Code. 9,774
(10) "Retirement eligibility date" means the last day of 9,776
the month in which a deceased member would have first become 9,777
eligible, had the member lived, for the retirement pension 9,778
provided under section 145.33, division (C)(1) of section 742.37, 9,779
or division (A)(1) of section 5505.17 of the Revised Code or 9,780
provided by a retirement system operated by a municipal 9,781
corporation.
(11) "Death benefit amount" means an amount equal to the 9,783
full monthly salary received by a deceased member prior to death, 9,784
minus an amount equal to the benefit received under section 9,785
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 9,786
benefit received from a retirement system operated by a municipal 9,787
corporation, plus any increases in salary that would have been
granted the deceased member. 9,788
(12) "Killed in the line of duty" means either of the 9,790
following:
(a) Death in the line of duty; 9,792
(b) Death from injury sustained in the line of duty, 9,795
including heart attack or other fatal injury or illness caused
while in the line of duty. 9,796
(B) A spouse of a deceased member shall receive a death 9,798
benefit each month equal to the full death benefit amount, 9,799
provided that the deceased member was a firefighter or police 9,800
officer killed in the line of duty and there are no surviving 9,801
children eligible for a benefit under this section. The spouse 9,802
shall receive this benefit during the spouse's natural life until 9,804
the earlier of the deceased member's retirement eligibility date 9,805
or the spouse's remarriage, on which date the benefit provided 9,806
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 9,808
firefighter or police officer is survived only by a child or 9,811
children, the child or children shall receive a benefit each 9,812
230
month equal to the full death benefit amount. If there is more 9,813
than one surviving child, the benefit shall be divided equally 9,815
among these children.
(2) If the death benefit paid under this division is 9,817
divided among two or more surviving children and any of the 9,818
children become ineligible to continue receiving a portion of the 9,819
benefit as provided in division (H) of this section, the full 9,820
death benefit amount shall be paid to the remaining eligible 9,821
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 9,822
death benefit amount. 9,823
(3) Notwithstanding divisions (C)(1) and (2) of this 9,826
section, all death benefits paid under this division shall 9,827
terminate on the deceased member's retirement eligibility date. 9,828
(D) If a member killed in the line of duty as a 9,830
firefighter or police officer is survived by both a spouse and a 9,831
child or children, the monthly benefit provided shall be as 9,832
follows: 9,833
(1)(a) If there is a surviving spouse and one surviving 9,835
child, the spouse shall receive an amount each month equal to 9,837
one-half of the full death benefit amount and the child shall 9,839
receive an amount equal to one-half of the full death benefit 9,840
amount.
(b) If the surviving spouse becomes ineligible to continue 9,842
receiving a death benefit due to remarriage or death, DIES or the 9,843
child becomes ineligible as provided in division (H) of this 9,845
section, the surviving spouse or child remaining eligible shall 9,846
receive the full death benefit amount. 9,847
(2)(a) If there is a surviving spouse and more than one 9,849
child, the spouse shall receive an amount each month equal to 9,851
one-third of the full death benefit amount and the children shall 9,853
receive an amount, equally divided among them, equal to 9,854
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 9,856
231
a death benefit under division (D)(2)(a) of this section and the 9,858
spouse becomes ineligible to receive a benefit due to remarriage 9,859
or death DIES, the children shall receive an amount each month, 9,860
equally divided among them, equal to the full death benefit 9,861
amount.
(c) If a spouse and more than one child each are receiving 9,863
a benefit under division (D)(2)(a) of this section and any of the 9,865
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 9,866
child or children shall receive a death benefit as follows: 9,867
(i) If there are two or more remaining eligible children, 9,869
the spouse shall receive an amount each month equal to one-third 9,870
of the full death benefit amount and the children shall receive 9,871
an amount each month, equally divided among them, equal to 9,872
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 9,874
shall receive an amount each month equal to one-half of the full 9,875
death benefit amount, and the child shall receive an amount each 9,876
month equal to one-half of the full death benefit amount. 9,877
(d) If a spouse and more than one child each are receiving 9,879
a benefit under division (D)(2)(a) of this section and all of the 9,881
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 9,882
death benefit amount. 9,883
(3) Notwithstanding divisions (D)(1) and (2) of this 9,885
section, death benefits paid under this division to a surviving 9,886
spouse shall terminate on the earlier of the member's retirement 9,888
eligibility date or the spouse's remarriage. Death benefits paid 9,889
to a surviving child or children shall terminate on the deceased 9,890
member's retirement eligibility date unless earlier terminated 9,891
pursuant to division (H) of this section. 9,892
(E) If a member, on or after January 1, 1980, is killed in 9,895
the line of duty as a firefighter or police officer and is 9,896
survived by only a parent or parents dependent upon the member 9,898
232
for support, the parent or parents shall receive an amount each 9,900
month equal to the full death benefit amount. If there is more 9,902
than one surviving parent dependent upon the deceased member for 9,903
support, the death benefit amount shall be divided equally among 9,904
the surviving parents. On the death of one of the surviving 9,905
parents, the full death benefit amount shall be paid to the other
parent. 9,906
(F) A surviving spouse whose benefits are terminated in 9,908
accordance with division (B) or (D)(3) of this section on the 9,909
deceased member's retirement eligibility date, or who would 9,910
qualify for a benefit under division (B) or (D) of this section 9,911
except that the deceased member reached the member's retirement 9,912
eligibility date prior to the member's death, shall receive a 9,913
monthly death benefit under this division. The monthly death 9,915
benefit shall be one-half of an amount equal to the monthly 9,916
salary received by the deceased member prior to the member's 9,917
death, plus any salary increases the deceased member would have 9,919
received prior to the member's retirement eligibility date. The 9,921
benefit shall terminate on the surviving spouse's remarriage or 9,922
death. A death benefit payable under this division shall be 9,924
reduced by an amount equal to any allowance or benefit payable to 9,925
the surviving spouse under section 742.3714 of the Revised Code. 9,926
(G)(1) If there is not a surviving spouse eligible to 9,930
receive a death benefit under division (F) of this section or the 9,931
surviving spouse receiving a death benefit under that division 9,932
becomes ineligible to receive the benefit due to remarriage or 9,933
death DIES, a surviving child or children whose benefits under 9,935
division (C) or (D) of this section are or have been terminated 9,936
pursuant to division (C)(3) or (D)(3) of this section or who 9,938
would qualify for a benefit under division (C) or (D) of this 9,939
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 9,940
receive a monthly death benefit under this division. The monthly 9,941
death benefit shall be one-half of an amount equal to the monthly 9,942
233
salary received by the deceased member prior to the member's 9,943
death, plus any salary increases the member would have received 9,945
prior to the member's retirement eligibility date. If there is 9,946
more than one surviving child, the benefit shall be divided 9,947
equally among the surviving children. 9,948
(2) If two or more surviving children each are receiving a 9,950
benefit under this division and any of those children becomes 9,951
ineligible to continue receiving a benefit as provided in 9,952
division (H) of this section, the remaining eligible child or 9,953
children shall receive an amount equal to one-half of the monthly 9,954
salary received by the deceased member prior to death, plus any 9,955
salary increases the deceased member would have received prior to 9,956
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 9,957
among the eligible children. 9,958
(3) A death benefit, or portion of a death benefit, 9,960
payable to a surviving child under this division shall be reduced 9,961
by an amount equal to any allowance or benefit payable to that 9,962
child under section 742.3714 of the Revised Code, but the 9,963
reduction in that child's benefit shall not affect the amount 9,964
payable to any other surviving child entitled to a portion of the 9,965
death benefit.
(H) A death benefit paid to a surviving child under 9,968
division (C), (D), or (G) of this section shall terminate on the 9,969
death of the child or, unless one of the following is the case, 9,970
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 9,972
is unable to provide the child's own support, in which case the 9,973
death benefit shall terminate when the disability is removed; 9,975
(2) The child is unmarried, under age twenty-two, and a 9,977
student in and attending an institution of learning or training 9,978
pursuant to a program designed to complete in each school year 9,979
the equivalent of at least two-thirds of the full-time curriculum 9,980
requirements of the institution, as determined by the trustees of 9,981
234
the fund.
(I) Acceptance of any death benefit under this section 9,983
does not prohibit a spouse or child from receiving other benefits 9,984
provided under the police and firemen's disability and pension 9,985
fund, the state highway patrol retirement system, the public 9,986
employees retirement system, or a retirement system operated by a 9,987
municipal corporation. 9,988
(J) No person shall receive a benefit under this section 9,990
if any of the following occur: 9,991
(1) The person fails to exercise the right to a monthly 9,993
survivor benefit under division (A) or (B) of section 145.45, 9,994
division (D), (E), or (F) of section 742.37, or division (A)(3), 9,995
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 9,996
survivor benefit from a retirement system operated by a municipal 9,997
corporation; or to a retirement allowance under section 742.3714 9,998
of the Revised Code. 9,999
(2) The member's accumulated contributions under this 10,001
chapter or Chapter 145. or 5505. of the Revised Code are refunded 10,002
unless the member had been a member of the public employees 10,003
retirement system and had fewer than eighteen months of total 10,004
service credit at the time of death. 10,005
(3) In the case of a full-time park district ranger or 10,007
patrol trooper, a full-time law enforcement officer of the 10,009
department of natural resources, a full-time law enforcement 10,010
officer of parks, waterway lands, or reservoir lands under the 10,011
control of a municipal corporation, a full-time law enforcement 10,012
officer of a conservancy district, a correction officer at an 10,013
institution under the control of a county, group of counties, or 10,014
municipal corporation, or a member of a retirement system 10,015
operated by a municipal corporation who at the time of the 10,016
member's death was a full-time law enforcement officer of parks, 10,018
waterway lands, or reservoir lands under the control of the 10,019
municipal corporation, the member died prior to April 9, 1981, in 10,020
the case of a benefit under division (B), (C), or (D) of this 10,021
235
section, or prior to January 1, 1980, in the case of a benefit 10,022
under division (E) of this section. 10,023
(4) In the case of a full-time department of public safety 10,025
enforcement agent who prior to the effective date of this 10,026
amendment JUNE 30, 1999, was a liquor control investigator of the 10,029
department of public safety, the member died prior to December
23, 1986; 10,030
(5) In the case of a full-time department of public safety 10,032
enforcement agent other than an enforcement agent who, prior to 10,033
the effective date of this amendment JUNE 30, 1999, was a liquor 10,035
control investigator, the member died prior to the effective date 10,037
of this amendment JUNE 30, 1999.
(K) A SURVIVING SPOUSE WHOSE BENEFIT WAS TERMINATED PRIOR 10,039
TO THE EFFECTIVE DATE OF THIS AMENDMENT DUE TO REMARRIAGE SHALL 10,040
RECEIVE A BENEFIT UNDER DIVISION (B), (D), OR (F) OF THIS SECTION 10,041
BEGINNING ON THE FIRST DAY OF THE MONTH FOLLOWING RECEIPT BY THE 10,042
BOARD OF AN APPLICATION ON A FORM PROVIDED BY THE BOARD. THE 10,043
BENEFIT AMOUNT SHALL BE DETERMINED AS OF THAT DATE. 10,044
(1) IF THE BENEFIT WILL BEGIN PRIOR TO THE DECEASED 10,046
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 10,047
DIVISION (B) OR (D) OF THIS SECTION AND SHALL TERMINATE AS 10,048
PROVIDED IN THOSE DIVISIONS. A BENEFIT PAID TO A SURVIVING 10,049
SPOUSE UNDER DIVISION (D) OF THIS SECTION SHALL BE DETERMINED IN 10,051
ACCORDANCE WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING 10,052
CHILDREN ARE REDUCED AS A RESULT. 10,053
(2) IF THE BENEFIT WILL BEGIN ON OR AFTER THE DECEASED 10,055
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 10,056
DIVISION (F) OF THIS SECTION AND SHALL TERMINATE AS PROVIDED IN 10,057
THAT DIVISION. A BENEFIT PAID TO A SURVIVING SPOUSE UNDER 10,058
DIVISION (F) OF THIS SECTION SHALL BE DETERMINED IN ACCORDANCE 10,059
WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING CHILDREN 10,060
ARE TERMINATED AS A RESULT.
Sec. 753.19. (A) If a person who was convicted of or 10,069
pleaded guilty to an offense of violence that is a felony or was 10,070
236
indicted or otherwise charged with the commission of an offense 10,071
of violence that is a felony escapes from a jail or workhouse of 10,072
a municipal corporation or otherwise escapes from the custody of 10,073
a municipal corporation, the chief of police or other chief law 10,074
enforcement officer of that municipal corporation immediately 10,075
after the escape shall cause notice of REPORT the escape, BY 10,077
TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT AGENCIES 10,078
WITH JURISDICTION OVER THE PLACE WHERE THE PERSON ESCAPED FROM
CUSTODY, TO THE STATE HIGHWAY PATROL, TO THE DEPARTMENT OF 10,079
REHABILITATION AND CORRECTION IF THE ESCAPED PERSON IS A PRISONER 10,080
UNDER THE CUSTODY OF THE DEPARTMENT WHO IS IN THE JAIL OR 10,082
WORKHOUSE, TO THE PROSECUTING ATTORNEY OF THE COUNTY, AND to be 10,083
published in a newspaper of general circulation in the municipal 10,084
corporation and in a newspaper of general circulation in each 10,085
county in which part of the municipal corporation is located. 10,086
The chief law enforcement officer also immediately after the 10,087
escape shall give notice of the escape by telephone and in 10,088
writing to the prosecuting attorney of the county in which the 10,089
offense was committed. Upon THE WRITTEN NOTICE MAY BE BY EITHER 10,090
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 10,092
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 10,094
CODE.
(B) UPON the apprehension of the escaped person, the chief 10,097
law enforcement officer shall give notice of the apprehension of 10,098
the escaped person by telephone and in writing to the prosecuting 10,099
attorney PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 10,100
Sec. 901.41. As used in this section and in section 901.42 10,110
of the Revised Code:
(A) "Director" means the director of agriculture or the 10,112
designee of the director of agriculture. 10,113
(B) "Exhibition" means a display of animals that is open 10,116
to the public.
(C) "National exhibition" means an exhibition where 10,118
species from fifteen or more states or nations are exhibited. 10,119
237
(D) "Nonprofit association" means any corporation, 10,121
society, partnership, or other organization formed under the laws 10,122
of this state or another state or nation providing for the 10,123
establishment and governance of nonprofit entities. 10,124
(E) "Ohio expositions center" means the property that is 10,127
held by this state for the purpose of conducting fairs, 10,128
expositions, and exhibits and that is maintained and managed by 10,129
the Ohio expositions commission under section 991.03 of the 10,130
Revised Code.
(F) "Premium awards" means money, ribbons, banners, 10,133
medals, achievement pins, trophies, or merchandise presented for 10,134
animals of superior quality. 10,135
(G) "Rental costs" means the costs associated with the 10,138
rental of the facilities, or a portion thereof, at the Ohio 10,139
expositions center, including, without limitation, grounds, 10,140
buildings, pens, animal feeding or watering equipment, and 10,141
tieouts. "Rental costs" also include INCLUDES labor costs 10,142
associated with set-up, tear-down, and security. 10,144
(H) "Species" means dairy cattle, beef cattle, swine, 10,146
RABBITS, POULTRY, and sheep. 10,147
Sec. 901.62. (A) The agricultural financing commission 10,156
shall consist of eight NINE members. Six of the members shall be 10,158
appointed by the governor with the advice and consent of the 10,159
senate. The director of agriculture, THE DIRECTOR OF 10,161
DEVELOPMENT, and the treasurer of state or, in their absence, 10,162
their designees, shall also be voting members of the commission. 10,163
Of the six appointed members, three shall have experience in 10,164
agriculture, and three shall have experience in agricultural 10,165
finance, including lending and loan servicing. No more than four 10,166
of the appointed members of the commission shall be of the same 10,167
political party. The speaker of the house of representatives and 10,168
the president of the senate shall each recommend to the governor 10,169
one person for consideration as one of the governor's 10,170
appointments. Terms of office for appointed members shall be for 10,171
238
six years commencing on the first day of February and ending on 10,172
the thirty-first day of January. Each member shall hold office 10,173
from the date of his appointment until the end of the term for 10,174
which he was appointed. Any member appointed to fill a vacancy 10,175
occurring prior to the expiration of the term for which his THE 10,176
MEMBER'S predecessor was appointed shall hold office for the 10,178
remainder of such THAT term. Any appointed member shall continue 10,180
in office subsequent to the expiration date of his THE MEMBER'S 10,181
term until his THE MEMBER'S successor takes office, or until a 10,182
period of sixty days has elapsed, whichever occurs first. Each 10,184
appointed member may be removed from office by the governor for 10,185
misfeasance, nonfeasance, or malfeasance in office, or for 10,186
failure to attend in person three consecutive meetings of the 10,187
agency COMMISSION.
(B) The director of agriculture shall be the chairman 10,189
CHAIRPERSON of the commission. The commission shall elect one of 10,191
its appointed members as vice-chairman VICE-CHAIRPERSON and such 10,192
other officers as it considers necessary, who need not be members 10,194
of the commission. Each appointed member of the commission shall 10,195
receive compensation at the rate of fifty dollars per commission 10,196
meeting attended in person, not to exceed a maximum of three 10,197
thousand dollars per year. All members shall be reimbursed for 10,198
their actual and necessary expenses incurred in the discharge of 10,199
their official duties. Members of the commission shall file with 10,200
the Ohio ethics commission the disclosure statement described in 10,201
division (A) of section 102.02 of the Revised Code on the form 10,202
prescribed by the Ohio ethics commission and subject to divisions 10,203
(C) and (D) of that section. 10,204
(C) Five members of the commission constitute a quorum, 10,206
and the affirmative vote of five members shall be necessary for 10,207
any action taken by the commission. No vacancy in membership of 10,208
the commission impairs the right of a quorum to exercise all the 10,209
rights and perform all the duties of the commission. Meetings of 10,210
the commission may be held at any place within the state. 10,211
239
Meetings of the commission, including notice of the place of 10,212
meetings, shall comply with section 121.22 of the Revised Code. 10,213
Sec. 901.63. (A) The agricultural financing commission 10,222
shall do both of the following until June 30, 1999 JULY 1, 2001: 10,224
(1) Make recommendations to the director of agriculture 10,226
about financial assistance applications made pursuant to sections 10,228
901.80 to 901.83 of the Revised Code. In making its 10,229
recommendations, the commission shall utilize criteria 10,230
established by rules adopted under division (A)(8)(b) of section 10,231
901.82 of the Revised Code. 10,232
(2) Advise the director in the administration of sections 10,234
901.80 to 901.83 of the Revised Code. 10,235
With respect to sections 901.80 to 901.83 of the Revised 10,238
Code, the role of the commission is solely advisory. No officer, 10,239
member, or employee of the commission is liable for damages in a 10,240
civil action for any injury, death, or loss to person or property 10,241
that allegedly arises out of purchasing any loan or providing a 10,242
loan guarantee, failure to purchase a loan or provide a loan 10,243
guarantee, or failure to take action under sections 901.80 to 10,244
901.83 of the Revised Code, or that allegedly arises out of any 10,245
act or omission of the department of agriculture that involves 10,246
those sections. 10,247
(B) The commission may: 10,249
(1) Adopt bylaws for the conduct of its business; 10,251
(2) Exercise all rights, powers, and duties conferred on 10,253
the commission as an issuer under Chapter 902. of the Revised 10,254
Code; 10,255
(3) Contract with, retain, or designate financial 10,257
consultants, accountants, and such other consultants and 10,258
independent contractors as the commission may determine to be 10,259
necessary or appropriate to carry out the purposes of this 10,260
chapter and to fix the terms of those contracts; 10,261
(4) Undertake and carry out or authorize the completion of 10,263
studies and analyses of agricultural conditions and needs within 10,264
240
the state relevant to the purpose of this chapter to the extent 10,265
not otherwise undertaken by other departments or agencies of the 10,266
state satisfactory for such purpose; 10,267
(5) Acquire by gift, purchase, foreclosure, or other 10,269
means, and hold, assign, pledge, lease, transfer, or otherwise 10,270
dispose of, real and personal property, or any interest in that 10,272
real and personal property, in the exercise of its powers and the 10,273
performance of its duties under this chapter and Chapter 902. of 10,274
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 10,276
financial or other form of aid from any federal, state, local, or 10,277
private agency or fund and enter into any contract with any such 10,278
agency or fund in connection therewith, and receive and accept 10,279
aid or contributions from any other source of money, property, 10,280
labor, or things of value, to be held, used, and applied only for 10,281
the purposes for which such grants and contributions are made, 10,282
all within the purposes of this chapter and Chapter 902. of the 10,283
Revised Code; 10,284
(7) Sue and be sued in its own name with respect to its 10,286
contracts or to enforce this chapter or its obligations or 10,287
covenants made under this chapter and Chapter 902. of the Revised 10,288
Code; 10,289
(8) Make and enter into all contracts, commitments, and 10,291
agreements, and execute all instruments necessary or incidental 10,292
to the performance of its duties and the execution of its powers 10,293
under this chapter and Chapter 902. of the Revised Code; 10,294
(9) Adopt an official seal; 10,296
(10) Do any and all things necessary or appropriate to 10,298
carry out the public purposes and exercise the powers granted to 10,299
the commission in this chapter and Chapter 902. of the Revised 10,300
Code and the public purposes of Section 13 of Article VIII, Ohio 10,301
Constitution. 10,302
Sec. 924.51. (A) There is hereby created the Ohio grape 10,311
industries committee consisting of nine members. The members 10,312
241
shall be the director of agriculture or the director's designee, 10,313
who shall chair the committee, the director of liquor control or 10,314
the director's designee, the chief of the division of markets of 10,316
the department of agriculture, the viticulture extension 10,317
specialist of the Ohio agricultural research and development 10,318
center, WHO SHALL BE A NONVOTING MEMBER, and five members who 10,319
shall be appointed by the director of agriculture. 10,320
(B) Of the five members of the committee appointed by the 10,322
director of agriculture, two shall be persons who receive the 10,323
major portion of their income from the production of grapes. The 10,324
term of one of these members shall begin January 1, 1982, and end 10,325
December 31, 1982, and the second member's term shall begin 10,326
January 1, 1982, and end December 31, 1983. Two members shall be 10,327
persons who receive the major portion of their income from the 10,328
production of wine from raw grape or fruit products in either raw 10,329
fruit or fresh juice form. The term of one of these members 10,330
shall begin January 1, 1982, and end December 31, 1982, and the 10,331
second member's term shall begin January 1, 1982, and end 10,332
December 31, 1983. One member shall be a person the major 10,333
portion of whose income is from the production of grape products 10,334
other than wine, such as juice, jams, or jellies; that member's 10,335
term shall begin January 1, 1982, and end December 31, 1984. 10,336
Thereafter, the terms for each appointed member of the committee 10,337
shall be for three years, commencing on the first day of January 10,338
and ending on the thirty-first day of December. No appointed 10,339
member shall serve more than two consecutive terms. The director 10,340
may remove any appointed member for cause. 10,341
(C) Members shall be appointed to fill vacancies caused by 10,343
death, resignation, or removal in the same manner prescribed for 10,344
regular appointment to the committee. Any member appointed to 10,345
fill a vacancy occurring prior to the expiration of the term for 10,346
which the member's predecessor was appointed shall hold office 10,347
for the remainder of the term. Any member shall continue in 10,349
office subsequent to the expiration date of that member's term 10,350
242
until that member's successor takes office, or until a period of 10,352
sixty days has elapsed, whichever occurs first. 10,353
(D) All members of the committee are entitled to their 10,355
actual and necessary expenses incurred in the performance of 10,356
their duties as members, payable from moneys received from the 10,357
Ohio grape industries fund created under section 924.54 of the 10,358
Revised Code. 10,359
(E) A majority of the committee constitutes a quorum. 10,361
Sec. 1101.15. (A)(1) Except as provided in division 10,370
(A)(2) of this section, no person other than a bank doing 10,371
business under authority granted by the superintendent of 10,372
financial institutions, the bank chartering authority of another 10,373
state, the office of the comptroller of the currency, or the bank 10,375
chartering authority of a foreign country shall do either of the 10,376
following:
(a) Use "bank," "banker," or "banking," or a word or words 10,378
of similar meaning in any other language, as a designation or 10,379
name, or as part of a designation or name, under which business 10,380
is or may be conducted in this state; 10,381
(b) Represent itself as a bank. 10,383
(2)(a) A corporation doing business under Chapter 1151. of 10,386
the Revised Code may use the phrase WORD "savings bank," 10,388
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,390
business is or may be conducted in this state, as provided in 10,392
section 1151.07 of the Revised Code. 10,393
(b) A corporation doing business under Chapter 1161. of 10,396
the Revised Code may use the phrase WORD "savings bank," 10,398
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,401
business is or may be conducted in this state, as provided in 10,402
section 1161.09 of the Revised Code. 10,403
(c) A corporation doing business under authority granted 10,405
by the office of thrift supervision may use the phrase WORD 10,406
243
"savings bank," "BANKER," OR "BANKING," OR A WORD OR WORDS OF 10,408
SIMILAR MEANING IN ANY OTHER LANGUAGE, as part of a designation 10,410
or name under which business is or may be conducted in this 10,411
state.
(d) A nonprofit organization, whether or not incorporated 10,413
under Chapter 1702. of the Revised Code, may use THE WORD "bank," 10,414
"banker," or "banking," or a word or words of similar meaning in 10,417
any other language, as part of a designation or name under which 10,418
business is or may be conducted if the superintendent determines 10,419
the organization's use is not likely to mislead the public and
authorizes the organization to use the word or words. 10,420
(B)(1) Except as provided in division (B)(2) of this 10,423
section, no person, other than a corporation licensed in
accordance with authority granted in Chapter 1111. OF THE REVISED 10,424
CODE as a trust company, a savings and loan association licensed 10,426
under section 1151.348 of the Revised Code to serve as a 10,427
fiduciary, a national bank with trust powers, or a federal
savings association with trust powers, shall do either of the 10,428
following:
(a) Use the word "trust," or a word or words of similar 10,430
meaning in any other language, as a designation or name, or part 10,431
of a designation or name, under which business is or may be 10,432
conducted in this state;
(b) Otherwise represent itself as a fiduciary or trust 10,434
company.
(2)(a) A person that is not required to be licensed under 10,436
Chapter 1111. of the Revised Code may serve as a fiduciary and, 10,437
when acting in that fiduciary capacity, otherwise represent 10,439
himself, herself, or itself SUCH PERSON as a fiduciary. 10,440
(b) A person licensed by another state to serve as a 10,442
fiduciary and exempt from licensure under Chapter 1111. of the 10,443
Revised Code may serve as a fiduciary to the extent permitted by 10,444
the exemption.
(c) A savings and loan association may serve as a trustee 10,446
244
to the extent authorized by section 1151.191 of the Revised Code. 10,447
(d) A savings bank may serve as a trustee to the extent 10,449
authorized by section 1161.24 of the Revised Code. 10,450
(e) A charitable trust, business trust, real estate 10,452
investment trust, personal trust, or other bona fide trust may 10,454
use the word "trust" or a word or words of similar meaning in any 10,455
other language, as a designation or name, or part of a
designation or name, under which business is or may be conducted. 10,456
(f) A nonprofit organization, whether or not incorporated 10,458
under Chapter 1702. of the Revised Code, may use "trust" or a 10,460
word or words of similar meaning in any other language, as a 10,461
designation or name, or part of a designation or name, under 10,462
which business is or may be conducted, if the superintendent 10,463
determines the organization's use is not likely to mislead the
public and authorizes the organization to use the word or words. 10,464
(C) No bank shall use "state" as part of a designation or 10,466
name under which it transacts business in this state, unless the 10,467
bank is doing business under authority granted by the 10,468
superintendent or the bank chartering authority of another state. 10,469
Sec. 1107.15. A bank's board of directors may declare 10,478
dividends and distributions on the bank's outstanding shares, 10,479
subject to all of the following conditions: 10,480
(A) Payment EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) 10,482
OF THIS SECTION, PAYMENT of a dividend or distribution may only 10,483
be funded from undivided profits. 10,485
(B) A dividend or distribution may be FUNDED, IN WHOLE OR 10,488
IN PART, FROM SURPLUS WITH THE APPROVAL OF BOTH OF THE FOLLOWING: 10,489
(1) THE HOLDERS OF AT LEAST TWO-THIRDS OF THE OUTSTANDING 10,491
SHARES OF EACH CLASS OF THE BANK'S STOCK; 10,492
(2) THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS. 10,494
(C) A DIVIDEND OR DISTRIBUTION MAY BE paid in treasury 10,497
shares or in authorized but unissued shares, if the board makes 10,498
the required transfers to surplus and paid-in capital. 10,499
(C)(D) The approval of the superintendent of financial 10,501
245
institutions is required for the declaration of dividends and 10,503
distributions if the total of all dividends and distributions 10,504
declared on the bank's shares in any year, and not paid in 10,505
shares, exceeds the total of its net income for that year
combined with its retained net income of the preceding two years. 10,506
(D)(E) Prior to the declaration of any dividend or 10,508
distribution the bank has made all required allocations to 10,510
reserves for losses or contingencies. 10,511
Sec. 1109.23. (A) No bank may extend credit to any of its 10,521
executive officers, directors, or principal shareholders, or to
any of their related interests, except as authorized by this 10,522
section.
(B)(1) A bank may extend credit to any of its executive 10,524
officers, directors, or principal shareholders, or to any of 10,525
their related interests, only if all of the following apply to 10,526
the extension of credit: 10,527
(1)(a) The extension of credit is made on substantially 10,529
the same terms, including interest rates and collateral, as those 10,530
terms prevailing at the time for comparable transactions by the 10,531
bank with persons who are not executive officers, directors, 10,532
principal shareholders, or employees of the bank. 10,533
(2)(b) The extension of credit does not involve more than 10,535
the normal risk of repayment or present other unfavorable 10,536
features.
(3)(c) The bank follows credit underwriting procedures 10,538
that are not less stringent than those applicable to comparable 10,539
transactions by the bank with persons who are not executive 10,540
officers, directors, principal shareholders, or employees of the 10,541
bank. 10,542
(2) NOTHING IN DIVISION (B)(1) OF THIS SECTION SHALL BE 10,545
CONSTRUED TO PROHIBIT ANY EXTENSION OF CREDIT MADE PURSUANT TO A 10,546
BENEFIT OR COMPENSATION PROGRAM THAT MEETS BOTH OF THE FOLLOWING 10,547
CONDITIONS: 10,548
(a) THE PROGRAM IS WIDELY AVAILABLE TO ALL EMPLOYEES OF 10,550
246
THE BANK; 10,551
(b) THE PROGRAM DOES NOT GIVE PREFERENCE TO ANY OFFICER, 10,553
DIRECTOR, OR PRINCIPAL SHAREHOLDER OF THE BANK, OR TO ANY RELATED 10,554
INTEREST OF AN OFFICER, DIRECTOR, OR PRINCIPAL SHAREHOLDER, OVER 10,556
OTHER EMPLOYEES OF THE BANK.
(C) A bank may extend credit to any of its executive 10,558
officers, directors, or principal shareholders, or to any of 10,559
their related interests, in an amount that, when aggregated with 10,560
the amount of all outstanding extensions of credit by the bank to 10,561
the executive officer, director, or principal shareholder and 10,563
that person's related interests, would exceed an amount 10,565
prescribed by the superintendent of financial institutions, only 10,566
if both of the following conditions are met: 10,567
(1) The extension of credit has been approved in advance 10,569
by a majority vote of the bank's entire board of directors. 10,570
(2) The executive officer, director, or principal 10,572
shareholder, who or whose related interest would be obligated on 10,573
the extension of credit, has abstained from participating, 10,574
directly or indirectly, in the deliberations or voting on the 10,575
extension of credit. 10,576
(D) A bank may extend credit to any of its executive 10,578
officers, directors, or principal shareholders, or to any of 10,579
their related interests, only if the extension of credit is in an 10,581
amount that, when aggregated with the amount of all outstanding 10,582
extensions of credit by the bank to the executive officer, 10,584
director, or principal shareholder and that person's related 10,585
interests, would not exceed the limit on loans to a single 10,586
borrower established by section 1109.22 of the Revised Code. 10,587
(E)(1) A bank may extend credit to any of its executive 10,589
officers, directors, or principal shareholders, or to any of 10,590
their related interests, if the extension of credit is in an 10,591
amount that, when aggregated with the amount of all outstanding 10,592
extensions of credit by the bank to all of its executive 10,593
officers, directors, principal shareholders, and their related 10,595
247
interests, would not exceed the bank's unimpaired capital. 10,596
(2) The superintendent may prescribe a limit that is more 10,599
stringent than the limit contained in division (E)(1) of this 10,600
section.
(3) The superintendent may make exceptions to division 10,603
(E)(1) of this section for banks with less than one hundred 10,604
million dollars in deposits, if the superintendent determines 10,605
that the exceptions are important to avoid constricting the 10,606
availability of credit in small communities or to attract 10,607
directors to those banks. In no case may the aggregate amount of 10,608
all outstanding extensions of credit by a bank to all of its 10,609
executive officers, directors, principal shareholders, and their 10,610
related interests, be more than two times the bank's unimpaired 10,611
capital.
(F)(1) If any executive officer or director of a bank has 10,613
an account at the bank, the bank may not pay from that account an 10,614
amount exceeding the funds on deposit in the account. 10,615
(2) Division (F)(1) does not prohibit the bank from paying 10,618
funds in accordance with either of the following:
(a) A written, preauthorized, interest-bearing extension 10,620
of credit specifying a method of repayment; 10,621
(b) A written preauthorized transfer of funds from another 10,623
account of the executive officer or director at that bank. 10,624
(G) No executive officer, director, or principal 10,626
shareholder shall knowingly receive, or knowingly permit any of 10,628
that person's related interests to receive, from a bank, directly 10,629
or indirectly, any extension of credit not authorized under this 10,630
section. 10,631
(H)(1) Subject to division (H)(2) of this section, for 10,633
purposes of this section, any executive officer, director, or 10,635
principal shareholder of any company of which the bank is a 10,636
subsidiary, or of any other subsidiary of that company, is deemed 10,637
to be an executive officer, director, or principal shareholder, 10,638
respectively, of the bank.
248
(2) The superintendent may make exceptions to the 10,640
application of division (H)(1) of this section, except for the 10,642
application of division (B) of this section, for persons ANY 10,643
PERSON who are IS AN executive officers OFFICER or directors 10,644
DIRECTOR of subsidiaries A SUBSIDIARY of a company that controls 10,646
a bank, but who do IF BOTH OF THE FOLLOWING APPLY: 10,647
(a) THE PERSON DOES not have authority to participate, and 10,650
do DOES not participate, in major policymaking functions of the 10,651
bank.
(b) THE ASSETS OF THE SUBSIDIARY DO NOT EXCEED TEN PER 10,653
CENT OF THE CONSOLIDATED ASSETS OF THE COMPANY THAT CONTROLS THE 10,654
BANK, AND THE SUBSIDIARY IS NOT CONTROLLED BY ANY OTHER COMPANY. 10,655
(I) For purposes of this section: 10,657
(1) "Bank" includes any subsidiary of a bank. 10,659
(2)(a) "Company" means any corporation, partnership, 10,661
business or other trust, association, joint venture, pool 10,662
syndicate, sole proprietorship, unincorporated organization, or 10,663
other business entity. 10,664
(b) "Company" does not include either of the following: 10,666
(i) A bank, savings bank, or savings association, the 10,669
deposits of which are insured by the federal deposit insurance 10,670
corporation;
(ii) A corporation the majority of the shares of which are 10,672
owned by the United States or by any state of the United States. 10,673
(3) "Control" of a company or bank by a person means the 10,676
person, directly or indirectly, or acting through or in concert 10,677
with one or more persons, meets any of the following:
(a) The person owns, controls, or has the power to vote 10,679
twenty-five per cent or more of any class of the company's or 10,680
bank's voting securities. 10,681
(b) The person controls in any manner the election of a 10,683
majority of the company's or bank's directors. 10,684
(c) The person has the power to exercise a controlling 10,686
influence over the company's or bank's management or policies. 10,687
249
(4) "Executive officer" means a person who participates or 10,689
has the authority to participate, other than as a director, in 10,690
major policymaking functions of a company or bank. 10,691
(5) To "extend credit" or to make an "extension of credit" 10,693
means to make or renew any loan, to grant a line of credit, or to 10,694
enter into any similar transaction as a result of which an 10,695
executive officer, director, or principal shareholder, or any of 10,697
that person's related interests, becomes obligated, directly,
indirectly, or by any means whatsoever, to pay money or its 10,698
equivalent to the bank. 10,699
(6) "Principal shareholder" means a person who, directly 10,701
or indirectly, or acting through or in concert with one or more 10,702
persons, owns, controls, or has the power to vote more than ten 10,703
per cent of any class of voting securities of a bank or company, 10,705
other than a company of which the bank is a subsidiary. 10,706
(7) "Related interest" of a person means either of the 10,708
following: 10,709
(a) Any company controlled by that person; 10,711
(b) Any political committee or campaign committee that is 10,713
controlled by that person or the funds or services of which will 10,714
benefit that person. 10,715
(8) "Subsidiary" means any company of which a bank or 10,717
company meets any of the following: 10,718
(a) The bank or company owns twenty-five per cent or more 10,720
of the voting shares of the company. 10,721
(b) The bank or company controls in any manner the 10,723
election of a majority of the directors of the company. 10,724
(c) The bank or company has the power, directly or 10,726
indirectly, to exercise a controlling influence with respect to 10,727
the management or policies of the company. 10,728
Sec. 1151.07. (A) The name of every A savings and loan 10,737
association organized after May 11, 1908 SAVINGS BANK, or 10,738
incorporated before said date and changing its name after said 10,740
date, shall begin with any word it may select and end with 10,741
250
"company" or with "association." Such association also BANK may 10,742
use IN its name in any order it designates, and may use, with 10,744
other words not forbidden by law, any of the following words or 10,745
combinations of words: "savings," "building," "loan," "savings 10,746
and loan," or "building and loan, "BANK," "BANKER," OR "BANKING." 10,747
No savings and loan association shall use, singly or in 10,749
combination, any of the following words: "trust," "federal,"
"national," "U.S.," "United States," or "international." 10,750
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,752
NO person, firm, company, association, fiduciary, partnership, or 10,754
corporation, either domestic or foreign, unless he THE PERSON or 10,755
it ENTITY is lawfully authorized to do business in this state 10,757
under the provisions of this chapter and actually is engaged in 10,758
carrying on a savings and loan association business or making 10,759
loans as authorized under section 1151.296 of the Revised Code, 10,760
shall do business under any name or title which THAT contains the 10,762
terms "savings association," "savings and loan association," 10,763
"building and loan association," "building association," or any 10,764
combination employing either or both of the words "building" or 10,765
"loan" with the words "saving" or "savings," or words of similar 10,766
import, or use any name or sign or circulate or use any 10,767
letterhead, billhead, circular or paper whatever, or advertise or 10,768
represent in any manner which THAT indicates that his THE 10,770
PERSON'S or its ENTITY'S business is the character or kind of 10,772
business carried on or transacted by a savings and loan 10,773
association or which THAT leads any person to believe that his 10,774
THE PERSON'S or its ENTITY'S business is that of a savings and 10,775
loan association. Upon application by the superintendent of 10,776
savings and loan associations FINANCIAL INSTITUTIONS or any such 10,777
SAVINGS AND LOAN association, a court of competent jurisdiction 10,779
may issue an injunction to restrain any such entity from 10,780
violating or continuing to violate any of the provisions of THIS 10,781
division (B) of this section. The prohibitions of this division 10,783
shall not apply to any corporation or association formed for the 10,784
251
purpose of promoting the interests of savings and loan 10,785
associations, the membership of which is comprised of thrift
institutions or their officers or other representatives. 10,786
(C) Notwithstanding any provision of the Revised Code, the 10,788
articles of incorporation and constitution of any savings and 10,789
loan association may be amended by its board of directors in 10,790
accordance with section 1151.44 of the Revised Code to change its 10,791
name in a manner by which the words "savings bank" are 10,792
substituted for the words "company" or "association"; provided, 10,793
however that any such amendment shall be submitted to the 10,794
superintendent for approval, upon the grant of which the 10,795
amendment shall be certified by the superintendent to the 10,796
secretary of state for filing. 10,797
Sec. 1151.201. A building and loan association may 10,806
purchase its own shares of permanent stock, if such THE purchase 10,807
is not inconsistent with its articles, constitution, or bylaws: 10,809
(A) To avoid the issuance of or to eliminate fractional 10,811
shares;
(B) From a decedent's estate subject to such reasonable 10,813
terms and conditions as the superintendent by regulation 10,814
prescribes.
Sec. 1155.07. Every savings and loan association organized 10,823
under the laws of this state shall make, as of the thirty-first 10,824
day of December and the thirtieth day of June of each year, a 10,825
report of the affairs and business of the association for the 10,826
preceding half year, showing its financial condition at the end 10,827
thereof. The statement as of the thirty-first day of December 10,828
shall be the annual statement of the association. The 10,829
superintendent of savings and loan associations FINANCIAL 10,830
INSTITUTIONS may also require monthly reports. 10,831
The superintendent may, by written order mailed to the 10,833
managing officer of such an association, require any association 10,834
to submit to him THE SUPERINTENDENT within a reasonable time 10,835
specified in the written order a report concerning its real 10,836
252
estate and other assets, other than the appraisals required by 10,837
section 1151.54 of the Revised Code. 10,838
Any such association refusing or neglecting to file any 10,840
report required by this section within the time specified shall 10,841
forfeit one hundred dollars for every day that such default 10,842
continues unless such penalty, in whole or in part, is waived by 10,843
the superintendent. The superintendent may maintain an action in 10,844
the name of the state to recover such forfeiture which, upon its 10,845
collection, shall be paid into the state treasury to the credit 10,846
of the division of savings and loan associations INSTITUTIONS 10,848
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE.
Every such association shall maintain adequate, complete, 10,850
and correct accounts and shall observe such generally accepted 10,851
accounting principles and practices or generally accepted 10,852
auditing standards, as the superintendent prescribes. The 10,853
superintendent shall demand once a year, and at the expense of 10,854
the association, that its accounts be audited by an independent 10,855
auditor. A copy of the audit report shall be submitted to the 10,856
board of directors of the association and filed, together with 10,857
management's reponse, with the superintendent within thirty days 10,858
after presentation of the completed report to the board or not 10,859
later than the thirty-first day of March of the year next 10,860
succeeding the year for which the audit was conducted, whichever 10,861
occurs first, unless the time is extended by the superintendent. 10,862
At the conclusion of his THE audit of an association, an 10,864
independent auditor shall attend a meeting at which there are 10,865
present only the outside directors of the association or a 10,866
committee comprised of and appointed by such outside directors 10,867
and fully disclose at that time to those directors all audit 10,868
exceptions that developed during the audit and all relevant data 10,869
and information concerning the financial condition, investment 10,870
practices, and other financial policies and procedures of the 10,871
association. The meeting shall be held at a time and place that 10,872
is agreed upon by the independent auditor and the outside 10,873
253
directors or their committee. A complete record of the 10,874
proceedings of the meeting shall be kept in a minute book that is 10,875
maintained solely for the purpose of keeping such records. 10,876
Nothing in this paragraph shall be construed to prevent the 10,877
independent auditor from meeting at other times with inside 10,878
directors, officers, or employees of the association. 10,879
The superintendent may prescribe a schedule for the 10,881
preservation and destruction of books, records, certificates, 10,882
documents, reports, correspondence, and other instruments, 10,883
papers, and writings of such an association, even if such 10,884
association has been liquidated pursuant to law. An association 10,885
may dispose of any books, records, certificates, documents, 10,886
reports, correspondence, and other instruments, papers, and 10,887
writings which have been retained or preserved for the period 10,888
prescribed by the superintendent pursuant to this paragraph. The 10,889
requirements of this paragraph may be complied with by the 10,890
preservation of records in the manner prescribed in section 10,891
2317.41 of the Revised Code. 10,892
Sec. 1155.10. Whenever the superintendent of building and 10,901
loan associations FINANCIAL INSTITUTIONS considers it necessary, 10,903
he THE SUPERINTENDENT may make a special examination of any 10,904
building SAVINGS and loan association, and the expense of such 10,905
THE examination shall be paid by such THE association. Such 10,906
expenses shall be collected by the superintendent and paid into 10,908
the state treasury to the credit of the division of building and 10,909
loan associations SAVINGS INSTITUTIONS fund ESTABLISHED UNDER 10,910
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 10,912
superintendent otherwise than in the ordinary routine of his THE 10,913
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 10,914
opinion, the condition of the association requires such
examination, is a special examination within the meaning of this 10,915
section.
Sec. 1155.13. (A)(1) Each savings and loan association 10,924
subject to inspection and examination by the superintendent of 10,925
254
financial institutions and transacting business in this state as 10,926
of the thirty-first day of December of the prior fiscal year, or 10,927
the savings and loan association's successor in interest, shall 10,928
pay annual assessments to the superintendent as provided in this 10,929
section.
(2) After determining the budget of the division of 10,931
financial institutions for examination and regulation of savings 10,932
and loan associations, but prior to establishing the annual 10,933
assessment amount necessary to fund that budget, the
superintendent shall include any amounts collected but not yet 10,934
expended or encumbered by the superintendent in the previous 10,935
fiscal year's budget and remaining in the building and loan 10,936
associations SAVINGS INSTITUTIONS fund from the amount to be 10,937
assessed. Based upon the resulting budget amount, the 10,938
superintendent shall make an assessment upon each savings and 10,939
loan association based on the total assets as shown on the books 10,940
of the savings and loan association as of the thirty-first day of 10,941
December of the previous fiscal year. The assessments shall be 10,942
collected on an annual or periodic basis within the fiscal year, 10,943
as determined by the superintendent.
(3) A savings and loan association authorized by the 10,945
superintendent to commence business in the period between 10,946
assessments shall pay the actual reasonable costs of the 10,947
division's examinations and visitations.
(B) Assessments and fees charged pursuant to this section 10,949
shall be paid within fourteen days after receiving an invoice for 10,950
payment of the assessment or fee. 10,951
Any assessment or fee collected is not refundable. 10,953
(C) The superintendent shall pay all assessments and fees 10,955
charged pursuant to this section and all forfeitures required to 10,956
be paid to the superintendent into the state treasury to the 10,957
credit of the building and loan associations SAVINGS INSTITUTIONS 10,958
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE. 10,959
(D) Any money deposited into the state treasury to the 10,961
255
credit of the building and loan associations SAVINGS INSTITUTIONS 10,962
fund, but not expended or encumbered by the superintendent to 10,964
defray the costs of administering Chapter CHAPTERS 1151. to 1157. 10,966
of the Revised Code, shall remain in the building and loan
associations SAVINGS INSTITUTIONS fund for expenditures by the 10,967
superintendent in subsequent years in the administration of 10,969
Chapters 1151. to 1157. of the Revised Code.
Sec. 1161.09. (A) The name of every A savings bank 10,978
organized on or after the effective date of this section shall 10,979
begin with any word it may select and end with "company" or with 10,980
"savings bank." No, savings AND LOAN ASSOCIATION, OR bank shall 10,982
MAY use, singly or in combination ITS NAME, WITH OTHER WORDS NOT 10,983
FORBIDDEN BY LAW, any of the following words or abbreviations 10,984
COMBINATIONS OF WORDS: "trust SAVINGS," "federal BUILDING," 10,986
"national LOAN," "U.S. SAVINGS AND LOAN," "United States BUILDING 10,987
AND LOAN," "BANK," "BANKER," or "international BANKING." 10,989
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,991
NO person, firm, company, association, fiduciary, partnership, or 10,993
corporation, either domestic or foreign, unless he THE PERSON or 10,994
it ENTITY is lawfully authorized to do business in this state 10,995
under this chapter and actually is engaged in carrying on a 10,996
savings bank business, shall do business under any name or title 10,997
which THAT contains the terms "savings bank," "savings bank 10,998
company," or words of similar import, or use any name or sign or 11,000
circulate or use any letterhead, billhead, circular or paper 11,001
whatever, or advertise or represent in any manner which THAT 11,002
indicates that his THE PERSON'S or its ENTITY'S business is the 11,005
character or kind of business carried on or transacted by a 11,007
savings bank or which THAT leads any person to believe that his 11,009
THE PERSON'S or its ENTITY'S business is that of a savings bank. 11,010
(C) Upon application by the superintendent of savings 11,012
banks FINANCIAL INSTITUTIONS or any savings bank, a court of 11,013
competent jurisdiction may issue an injunction to restrain any 11,015
entity from violating or continuing to violate division (B) of 11,016
256
this section.
(D) Division (B) of this section does not apply to any 11,018
corporation or association formed for the purpose of promoting 11,019
the interests of savings banks or other similar institutions, 11,020
banks organized under Chapter 1101. of the Revised Code, or 11,021
savings and loan associations organized under Chapter 1151. of 11,022
the Revised Code. 11,023
Sec. 1161.38. A savings bank shall observe the following 11,032
procedures in making real estate loans: 11,033
(A) The savings bank may make loans upon obligations 11,035
secured by a mortgage or deed of trust on real estate, which 11,036
mortgage or deed of trust shall be made directly to the savings 11,037
bank. This section does not prevent a savings bank organized 11,038
under this chapter from accepting additional security when the 11,039
primary and principal security is a mortgage or deed of trust on 11,040
real estate. 11,041
(B) The title of the borrower shall be a fee simple title 11,043
or a leasehold or subleasehold estate in real property extending 11,044
or renewable automatically or at the option of the holder for 11,045
five years after maturity of the loan, if, in the event of 11,046
default, the real estate could be used to satisfy the obligation 11,047
with the same priority as a mortgage or a deed of trust in the 11,048
jurisdiction where the real estate is located. 11,049
(C) In respect to any loan made upon the security of real 11,051
estate, if it is agreed or contemplated that improvements will be 11,052
made on the real estate and become a part of the security, the 11,053
real estate is "improved" within the meaning of division (B) of 11,054
section 1161.36 and section 1161.37 of the Revised Code and the 11,055
value of the improvements shall be included in the appraisal 11,056
value of the real estate. As used in this division, 11,057
"improvements" does not include "development" as defined in 11,058
division (F) of section 1161.39 of the Revised Code. 11,059
(D) No savings bank shall grant a mortgage loan unless it 11,061
has first obtained a written application, signed by the applicant 11,062
257
borrower or his THE APPLICANT BORROWER'S agent, the form and 11,063
contents of which shall disclose the purpose for which the loan 11,065
is sought and the identity of the security property. The records 11,066
for each loan shall contain a written report of the financial 11,067
ability and credit standing of the borrower. 11,068
(E) Machinery and equipment in a building that are adapted 11,070
to the use being made of the land and building and that are 11,071
intended to be permanent additions thereto will constitute a 11,072
portion of the real estate for purposes of this chapter and may 11,073
be appraised in calculating the maximum permissible loan for 11,074
purposes of this chapter notwithstanding that the law of this 11,075
state is otherwise for tax or other special purposes. 11,076
(F) The records for each loan shall include an appraisal 11,078
report prepared and signed by an appraisal committee, or by a 11,079
qualified appraiser designated by its board of directors, prior 11,080
to the approval of an application for a loan, and information and 11,081
data concerning the appraised property to substantiate the market 11,082
value of the security described in the report. The reports shall 11,083
be kept by the savings bank in such form as to be available at 11,084
all times to the examiners or other agents of the superintendent 11,085
of savings banks FINANCIAL INSTITUTIONS. 11,086
(G)(1)(a) Except as provided in division (G)(1)(b) of this 11,088
section, no savings bank shall make any loan LOANS or extension 11,090
EXTENSIONS of credit to any one borrower in excess of THAT, IN 11,091
THE AGGREGATE, EXCEED fifteen per cent of its THE SAVING BANK'S 11,092
unimpaired capital and surplus OR FIVE HUNDRED THOUSAND DOLLARS, 11,093
WHICHEVER IS GREATER. 11,094
(b) A savings bank may extend additional credit to any one 11,096
borrower in an amount equal to ten per cent of the savings bank's 11,097
unimpaired capital and unimpaired surplus, if this additional 11,098
loan is secured by readily marketable collateral having at all 11,099
times a current value of at least one hundred per cent of the 11,100
amount of the loan. If the value of the collateral falls below 11,101
one hundred per cent of the outstanding loan, the loan becomes 11,102
258
subject to the general fifteen per cent limitation provided in 11,103
division (G)(1)(a) of this section. 11,104
(c) Loans or extensions of credit that exceed the fifteen 11,106
per cent GENERAL limitation PROVIDED IN DIVISION (G)(1)(a) OF 11,108
THIS SECTION shall be brought into conformance with THAT division 11,110
(G)(1)(a) of this section within five business days.
(2) The superintendent of savings banks FINANCIAL 11,112
INSTITUTIONS shall adopt rules, in accordance with Chapter 119. 11,114
of the Revised Code, to establish standards governing loans or 11,115
the extension of credit to one borrower. The rules shall be 11,116
consistent with and not less stringent than any rules adopted by 11,117
the federal deposit insurance corporation and the regulations 11,118
issued by the office of the comptroller of the currency, 12 11,119
C.F.R. Part 32, as amended, dealing with limitations on loans and 11,120
extensions of credit to one borrower. 11,121
(H)(1) No savings bank, directly or indirectly, shall make 11,123
any loan to any of its officers, directors, shareholders, 11,124
controlling persons, or to members of their immediate families, 11,125
or to any corporation, partnership, trust, or other form of 11,126
business entity in which any of its officers, directors, 11,127
shareholders, or controlling persons have any interest, except as 11,128
authorized pursuant to section 22(h) of the "Federal Reserve Act 11,129
of 1913," 38 Stat. 251, 48 Stat. 182, and 92 Stat. 3644, 12 11,130
U.S.C. 221, 375a, and 375b, as amended, and in accordance with 11,131
the rules and regulations issued thereunder. 11,132
(2) No savings bank shall make any loan, or otherwise 11,134
extend credit, or engage in any transaction with any of its 11,135
affiliates, except as authorized under sections 23A and 23B of 11,136
the "Federal Reserve Act of 1913," 38 Stat. 251, 48 Stat. 183, 11,137
and 101 Stat. 564, 12 U.S.C. 221, 371c, and 371c-1, as amended. 11,138
(I) The limitations and conditions imposed by this chapter 11,140
do not apply to a purchase money mortgage taken by a savings bank 11,141
upon real estate sold by it, to a mortgage held by a savings bank 11,142
to secure a debt previously contracted, or to prevent or diminish 11,143
259
loss with respect to loans or renewals of the loans. 11,144
(J) The limitations contained in this chapter, relating to 11,146
maximum loan terms and loan-to-value ratios, do not apply to any 11,147
loan on the security of a first lien on real estate that is being 11,148
constructed, remodeled, rehabilitated, modernized, or renovated, 11,149
to be the subject of an annual contributions contract for 11,150
low-rent housing under the "United States Housing Act of 1937," 11,151
50 Stat. 888, 42 U.S.C. 1401, as amended. No loan by a savings 11,152
bank on the security of this real estate shall exceed ninety per 11,153
cent of the amount of the appraisal or, in lieu of the appraisal, 11,154
ninety per cent of the purchase price if the real estate is to be 11,155
purchased by a local public housing authority. This section 11,156
applies to a loan on this real estate only when it is first 11,157
constructed, remodeled, rehabilitated, modernized, or renovated, 11,158
or when it first becomes the subject of a contributions contract 11,159
under the act. 11,160
(K) In determining compliance with maximum loan-to-value 11,162
ratios in this chapter, at the time of making a loan, a savings 11,163
bank shall add together the unpaid amount of all mortgages, 11,164
liens, or other encumbrances on the security property having 11,165
priority over the savings bank's mortgage, and shall not make the 11,166
loan unless the total unpaid balance of the prior mortgages, 11,167
liens, and other encumbrances, including the one to be made, but 11,168
excluding loans that will be paid off out of the proceeds of the 11,169
new loan, does not exceed applicable maximum loan-to-value ratios 11,170
prescribed in this chapter, as indicated by documentation 11,171
retained in the loan file. 11,172
Sec. 1163.09. (A) Every savings bank organized under the 11,181
laws of this state, as of the thirty-first day of December and 11,182
the thirtieth day of June of each year, shall make a report of 11,183
the affairs and business of the savings bank for the preceding 11,184
half year, showing its financial condition at the end thereof. 11,185
The statement as of the thirty-first day of December shall be the 11,186
annual statement of the savings bank. The superintendent of 11,187
260
savings banks FINANCIAL INSTITUTIONS may also require monthly 11,188
reports. 11,189
(B) The superintendent, by written order mailed to the 11,191
managing officer of a savings bank, may require any savings bank 11,192
to submit to him THE SUPERINTENDENT within a reasonable time 11,193
specified in the written order a report concerning its real 11,195
estate and other assets, other than the appraisals required by 11,196
section 1161.81 of the Revised Code. 11,197
(C) Any savings bank refusing or neglecting to file any 11,199
report required by this section within the time specified shall 11,200
forfeit one hundred dollars for every day that the default 11,201
continues unless the penalty, in whole or in part, is waived by 11,202
the superintendent. The superintendent may maintain an action in 11,203
the name of the state to recover the forfeiture which, upon its 11,204
collection, shall be paid into the state treasury to the credit 11,205
of the division of savings banks INSTITUTIONS fund ESTABLISHED 11,207
UNDER SECTION 1181.18 OF THE REVISED CODE.
(D) Every savings bank shall maintain adequate, complete, 11,209
and correct accounts and shall observe such generally accepted 11,210
accounting principles and practices or generally accepted 11,211
auditing standards, as the superintendent prescribes. The 11,212
superintendent shall demand once a year, and at the expense of 11,213
the savings bank, that its accounts be audited by an independent 11,214
auditor. A copy of the audit report shall be submitted to the 11,215
board of directors of the savings bank and filed, together with 11,216
management's reponse, with the superintendent within thirty days 11,217
after presentation of the completed report to the board or not 11,218
later than the thirty-first day of March of the year next 11,219
succeeding the year for which the audit was conducted, whichever 11,220
occurs first, unless the time is extended by the superintendent. 11,221
(E) At the conclusion of his THE audit of a savings bank, 11,223
an independent auditor shall attend a meeting at which there are 11,224
present only the outside directors of the savings bank or a 11,225
committee composed of and appointed by the outside directors and 11,226
261
fully disclose at that time to those directors all audit 11,227
exceptions that developed during the audit and all relevant data 11,228
and information concerning the financial condition, investment 11,229
practices, and other financial policies and procedures of the 11,230
savings bank. The meeting shall be held at a time and place that 11,231
is agreed upon by the independent auditor and the outside 11,232
directors or their committee. A complete record of the 11,233
proceedings of the meeting shall be kept in a minute book that is 11,234
maintained solely for the purpose of keeping these records. 11,235
Nothing in this division shall be construed to prevent the 11,236
independent auditor from meeting at other times with inside 11,237
directors, officers, or employees of the savings bank. 11,238
(F) The superintendent may prescribe a schedule for the 11,240
preservation and destruction of books, records, certificates, 11,241
documents, reports, correspondence, and other instruments, 11,242
papers, and writings of a savings bank, even if the savings bank 11,243
has been liquidated pursuant to law. A savings bank may dispose 11,244
of any books, records, certificates, documents, reports, 11,245
correspondence, and other instruments, papers, and writings that 11,246
have been retained or preserved for the period prescribed by the 11,247
superintendent pursuant to this division. The requirements of 11,248
this division may be complied with by the preservation of records 11,249
in the manner prescribed in section 2317.41 of the Revised Code. 11,250
Sec. 1163.13. Whenever the superintendent of savings banks 11,259
FINANCIAL INSTITUTIONS considers it necessary, he THE 11,260
SUPERINTENDENT may make a special examination of any savings 11,262
bank, and the expense of the examination shall be paid by the 11,263
savings bank. These moneys shall be collected by the 11,264
superintendent and paid into the state treasury to the credit of 11,265
the division of savings banks INSTITUTIONS fund ESTABLISHED UNDER 11,266
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 11,267
superintendent otherwise than in the ordinary routine of his THE 11,268
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 11,269
opinion, the condition of the savings bank requires the
262
examination, is a special examination within the meaning of this 11,270
section.
Sec. 1163.16. (A)(1) Each savings bank subject to 11,280
inspection and examination by the superintendent of financial
institutions and transacting business in this state as of the 11,281
thirty-first day of December of the prior fiscal year, or the 11,282
savings bank's successor in interest, shall pay annual 11,283
assessments to the superintendent as provided in this section. 11,284
(2) After determining the budget of the division of 11,286
financial institutions for examination and regulation of savings 11,287
banks, but prior to establishing the annual assessment amount 11,288
necessary to fund that budget, the superintendent shall include 11,289
any amounts collected but not yet expended or encumbered by the 11,290
superintendent in the previous fiscal year's budget and remaining 11,291
in the savings banks INSTITUTIONS fund from the amount to be 11,292
assessed. Based upon the resulting budget amount, the
superintendent shall make an assessment upon each savings bank 11,293
based on the total assets as shown on the books of the savings 11,294
bank as of the thirty-first day of December of the previous 11,295
fiscal year. The assessments shall be collected on an annual or 11,296
periodic basis within the fiscal year, as determined by the 11,297
superintendent.
(3) A savings bank authorized by the superintendent to 11,299
commence business in the period between assessments shall pay the 11,300
actual reasonable costs of the division's examinations and 11,301
visitations.
(B) Assessments and fees charged pursuant to this section 11,303
shall be paid within fourteen days after receiving an invoice for 11,304
payment of the assessment or fee. 11,305
Any assessment or fee collected is not refundable. 11,307
(C) The superintendent shall pay all assessments and fees 11,309
charged pursuant to this section and all forfeitures required to 11,310
be paid to the superintendent into the state treasury to the 11,311
credit of the savings banks INSTITUTIONS fund ESTABLISHED UNDER 11,312
263
SECTION 1181.18 OF THE REVISED CODE. 11,313
(D) Any money deposited into the state treasury to the 11,315
credit of the savings banks INSTITUTIONS fund, but not expended 11,316
or encumbered by the superintendent to defray the costs of 11,318
administering Chapters 1161. to 1165. of the Revised Code, shall 11,319
remain in the savings banks INSTITUTIONS fund for expenditures by 11,320
the superintendent in subsequent years in the administration of 11,321
Chapters 1161. to 1165. of the Revised Code.
Sec. 1181.06. There is hereby created in the state 11,330
treasury the financial institutions fund. The fund shall receive 11,332
assessments on the banks fund established under section 1125.28 11,333
of the Revised Code, the building and loan associations fund 11,334
established under section 1155.131 of the Revised Code, the 11,336
savings bank INSTITUTIONS fund established under section 1163.17 11,337
1181.18 of the Revised Code, the credit unions fund established 11,339
under section 1733.321 of the Revised Code, and the consumer 11,340
finance fund established under section 1321.21 of the Revised 11,342
Code in accordance with procedures prescribed by the 11,343
superintendent of financial institutions and approved by the 11,344
director of budget and management. Such assessments shall be in 11,345
addition to any assessments on these funds required under 11,346
division (G) of section 121.08 of the Revised Code. All 11,348
operating expenses of the division of financial institutions 11,349
shall be paid from the financial institutions fund. 11,350
Sec. 1181.18. THERE IS HEREBY CREATED IN THE STATE 11,352
TREASURY THE SAVINGS INSTITUTIONS FUND. 11,353
THE SAVINGS INSTITUTIONS FUND SHALL BE ASSESSED A 11,356
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DEPARTMENT 11,357
OF COMMERCE AND THE DIVISION OF FINANCIAL INSTITUTIONS. THE 11,358
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DIVISION
OF FINANCIAL INSTITUTIONS SHALL BE DETERMINED IN ACCORDANCE WITH 11,359
PROCEDURES PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL 11,360
INSTITUTIONS AND APPROVED BY THE DIRECTOR OF BUDGET AND 11,362
MANAGEMENT. SUCH ASSESSMENT SHALL BE PAID FROM THE SAVINGS 11,363
264
INSTITUTIONS FUND TO THE DIVISION OF ADMINISTRATION FUND OR THE 11,364
FINANCIAL INSTITUTIONS FUND.
AN AMOUNT EQUAL TO THE APPROPRIATION FROM THE SAVINGS 11,366
INSTITUTIONS FUND SHALL BE TRANSFERRED TO THE FUND FROM THE 11,367
GENERAL REVENUE FUND BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 11,368
ALL FEES, ASSESSMENTS, CHARGES, AND FORFEITURES COLLECTED UNDER 11,370
CHAPTERS 1151., 1155., 1161., AND 1163. OF THE REVISED CODE SHALL
BE PAID BY THE SUPERINTENDENT INTO THE STATE TREASURY TO THE 11,371
CREDIT OF THE SAVINGS INSTITUTIONS FUND. SUCH MONEYS SHALL BE 11,373
UTILIZED TO REIMBURSE IN FULL DURING THE SAME FISCAL YEAR THE 11,374
GENERAL REVENUE FUND FOR MONEYS TRANSFERRED TO THE SAVINGS 11,375
INSTITUTIONS FUND. ANY MONEYS PAID TO THE SUPERINTENDENT 11,376
PURSUANT TO CHAPTERS 1151., 1155., 1161., AND 1163. OF THE 11,377
REVISED CODE BUT NOT EXPENDED OR ENCUMBERED BY THE SUPERINTENDENT
EITHER TO REIMBURSE THE GENERAL REVENUE FUND OR TO DEFRAY THE 11,378
COSTS OF REGULATING SAVINGS AND LOAN ASSOCIATIONS AND SAVINGS 11,379
BANKS SHALL REMAIN IN THE SAVINGS INSTITUTIONS FUND FOR 11,380
EXPENDITURE BY THE SUPERINTENDENT IN SUBSEQUENT YEARS. 11,381
Sec. 1301.01. As used in Chapters 1301., 1302., 1303., 11,390
1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, 11,392
unless the context otherwise requires, and subject to additional 11,393
definitions contained in those chapters:
(A) "Action" in the sense of a judicial proceeding 11,395
includes recoupment, counterclaim, set-off, suit in equity, and 11,396
any other proceedings in which rights are determined. 11,397
(B) "Aggrieved party" means a party entitled to resort to 11,399
a remedy. 11,400
(C) "Agreement" means the bargain of the parties in fact 11,402
as found in their language or by implication from other 11,403
circumstances, including course of dealing, usage of trade, or 11,404
course of performance as provided in sections 1301.11 and 1302.11 11,405
of the Revised Code. Whether an agreement has legal consequences 11,406
is determined by Chapters 1301., 1302., 1303., 1304., 1305., 11,407
1307., 1308., 1309., and 1310. of the Revised Code, if 11,408
265
applicable; otherwise by the law of contracts. 11,409
(D) "Bank" means any person engaged in the business of 11,411
banking. 11,412
(E) "Bearer" means the person in possession of an 11,414
instrument, document of title, or certificated security payable 11,415
to bearer or endorsed in blank. 11,416
(F) "Bill of lading" means a document evidencing the 11,418
receipt of goods for shipment issued by a person engaged in the 11,419
business of transporting or forwarding goods, and includes an 11,420
airbill. "Airbill" means a document serving for air 11,421
transportation as a bill of lading does for marine or rail 11,422
transportation, and includes an air consignment note or air 11,423
waybill. 11,424
(G) "Branch" includes a separately incorporated foreign 11,426
branch of a bank. 11,427
(H) "Burden of establishing" a fact means the burden of 11,429
persuading the triers of fact that the existence of the fact is 11,430
more probable than its nonexistence. 11,431
(I) "Buyer in ordinary course of business" means a person 11,433
who, in good faith and without knowledge that the sale to the 11,434
person is in violation of the ownership rights or security 11,436
interest of a third party in the goods, buys in ordinary course 11,437
from a person in the business of selling goods of that kind but 11,438
does not include a pawnbroker. All persons who sell minerals or 11,439
the like, including oil or gas, at the wellhead or minehead shall 11,440
be deemed to be persons in the business of selling goods of that 11,441
kind. "Buying" may be for cash, by exchange of other property, or 11,442
on secured or unsecured credit and includes receiving goods or 11,443
documents of title under a preexisting contract for sale but does 11,444
not include a transfer in bulk or as security for or in total or 11,445
partial satisfaction of a money debt. 11,446
(J) A term or clause is "conspicuous" when it is so 11,448
written that a reasonable person against whom it is to operate 11,449
ought to have noticed it. A printed heading in capitals (as: 11,450
266
NONNEGOTIABLE BILL OF LADING) is "conspicuous." Language in the 11,451
body of a form is "conspicuous" if it is in larger or other 11,452
contrasting type or color. In a telegram, any stated term is 11,453
"conspicuous." Whether a term or clause is "conspicuous" is for 11,454
decision by the court. 11,455
(K) "Contract" means the total legal obligation that 11,457
results from the parties' agreement as affected by Chapters 11,458
1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. 11,460
of the Revised Code, and any other applicable rules of law. 11,461
(L) "Creditor" includes a general creditor, a secured 11,463
creditor, a lien creditor, and any representative of creditors, 11,464
including an assignee for the benefit of creditors, a trustee in 11,465
bankruptcy, a receiver in equity, and an executor or 11,466
administrator of an insolvent debtor's or assignor's estate. 11,467
(M) "Defendant" includes a person in the position of 11,469
defendant in cross-action or counterclaim. 11,470
(N) "Delivery" with respect to instruments, documents of 11,472
title, chattel paper, or certificated securities means voluntary 11,473
transfer of possession. 11,474
(O) "Document of title" includes a bill of lading, dock 11,476
warrant, dock receipt, warehouse receipt, or order for the 11,477
delivery of goods, and any other document that in the regular 11,478
course of business or financing is treated as adequately 11,479
evidencing that the person in possession of it is entitled to 11,480
receive, hold, and dispose of the document and the goods it 11,481
covers. To be a document of title, a document must purport to be 11,482
issued by or addressed to a bailee and purport to cover goods in 11,483
the bailee's possession that are either identified or are 11,484
fungible portions of an identified mass. 11,485
(P) "Fault" means wrongful act, omission, or breach. 11,487
(Q) "Fungible" with respect to goods or securities means 11,489
goods or securities of which any unit is, by nature or usage of 11,490
trade, the equivalent of any other like unit. Goods that are not 11,491
fungible are fungible for the purposes of Chapters 1301., 1302., 11,492
267
1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the 11,493
Revised Code to the extent that under a particular agreement or 11,494
document unlike units are treated as equivalents. 11,495
(R) "Genuine" means free of forgery or counterfeiting. 11,497
(S) "Good faith" means honesty in fact in the conduct or 11,499
transaction concerned. 11,500
(T)(1) "Holder" with respect to a negotiable instrument 11,502
means either of the following: 11,503
(a) If the instrument is payable to bearer, a person who 11,505
is in possession of the instrument; 11,506
(b) If the instrument is payable to an identified person, 11,508
the identified person when in possession of the instrument. 11,509
(2) "Holder" with respect to a document of title means the 11,511
person in possession if the goods are deliverable to bearer or to 11,512
the order of the person in possession. 11,513
(U) To "honor" is to pay or to accept and pay, or where a 11,515
creditor so engages to purchase or discount a draft complying 11,516
with the terms of the credit. 11,517
(V) "Insolvency proceedings" include any assignment for 11,519
the benefit of the creditors or other proceedings intended to 11,520
liquidate or rehabilitate the estate of the person involved. 11,521
(W) A person is "insolvent" who either has ceased to pay 11,523
the person's debts in the ordinary course of business or cannot 11,524
pay the person's debts as they become due or is insolvent within 11,526
the meaning of the federal bankruptcy law. 11,527
(X) "Money" means a medium of exchange authorized or 11,529
adopted by a domestic or foreign government and includes a 11,530
monetary unit of account established by an intergovernmental 11,531
organization or by agreement between two or more nations. 11,532
(Y) A person has "notice" of a fact when any of the 11,534
following applies: 11,535
(1) The person has actual knowledge of it. 11,538
(2) The person has received a notice or notification of 11,540
it.
268
(3) From all the facts and circumstances known to the 11,542
person at the time in question, the person has reason to know 11,543
that it exists.
A person "knows" or has "knowledge" of the fact when the 11,545
person has actual knowledge of it. "Discover" or "learn" or a 11,546
word or phrase of similar import refers to knowledge rather than 11,547
to reason to know. The time and circumstances under which a 11,548
notice or notification may cease to be effective are not 11,549
determined by this section. 11,550
(Z) A person "notifies" or "gives" a notice or 11,552
notification to another person by taking the steps that may be 11,553
reasonably required to inform the other person in ordinary 11,554
course, whether or not the other person actually comes to know of 11,555
it. A person "receives" a notice or notification when either of 11,556
the following applies: 11,557
(1) It comes to the person's attention. 11,559
(2) It is duly delivered at the place of business through 11,561
which the contract was made or at any other place held out by the 11,562
person as the place for receipt of such communications. 11,564
(AA) Notice, knowledge, or a notice or notification 11,566
received by an organization is effective for a particular 11,567
transaction from the time when it is brought to the attention of 11,568
the individual conducting that transaction, and in any event from 11,569
the time when it would have been brought to the individual's 11,570
attention if the organization had exercised due diligence. An 11,572
organization exercises due diligence if it maintains reasonable 11,573
routines for communicating significant information to the person 11,574
conducting the transaction and there is reasonable compliance 11,575
with the routine. Due diligence does not require an individual 11,576
acting for the organization to communicate information unless 11,577
that communication is part of the individual's regular duties or 11,578
unless the individual has reason to know of the transaction and 11,580
that the transaction would be materially affected by the 11,581
information.
269
(BB) "Organization" includes a corporation, government, 11,583
governmental subdivision or agency, business trust, estate, 11,584
trust, partnership, or association, two or more persons having a 11,585
joint or common interest, or any other legal or commercial 11,586
entity. 11,587
(CC) "Party," as distinct from "third party," means a 11,589
person who has engaged in a transaction or made an agreement 11,590
within Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 11,592
1309., and 1310. of the Revised Code.
(DD) "Person" includes an individual or an organization. 11,594
(EE) "Presumption" or "presumed" means that the trier of 11,596
fact must find the existence of the fact presumed unless and 11,597
until evidence is introduced that would support a finding of its 11,598
nonexistence. 11,599
(FF) "Purchase" includes taking by sale, discount, 11,601
negotiation, mortgage, pledge, lien, issue or reissue, gift, or 11,602
any other voluntary transaction creating an interest in property. 11,603
(GG) "Purchaser" means a person who takes by purchase. 11,605
(HH) "Remedy" means any remedial right to which an 11,607
aggrieved party is entitled with or without resort to a tribunal. 11,608
(II) "Representative" includes an agent, an officer of a 11,610
corporation or association, a trustee, executor, or administrator 11,611
of an estate, or any other person empowered to act for another. 11,612
(JJ) "Rights" includes remedies. 11,614
(KK)(1) "Security interest" means an interest in personal 11,616
property or fixtures that secures payment or performance of an 11,617
obligation. The retention or reservation of title by a seller of 11,618
goods notwithstanding shipment or delivery to the buyer, as 11,619
provided in section 1302.42 of the Revised Code, is limited in 11,620
effect to a reservation of a security interest. "Security 11,621
interest" also includes any interest of a buyer of accounts or 11,622
chattel paper, which is subject to sections 1309.01 to 1309.50 of 11,623
the Revised Code. The special property interest of a buyer of 11,624
goods on identification of those goods to a contract for sale 11,625
270
under section 1302.42 of the Revised Code is not a security 11,626
interest, but a buyer also may acquire a security interest by 11,627
complying with sections 1309.01 to 1309.50 of the Revised Code. 11,628
Unless a consignment is intended as security, reservation of 11,629
title under the consignment is not a security interest, but a 11,630
consignment in any event is subject to the provisions on 11,631
consignment sales under section 1302.39 of the Revised Code. A 11,632
lease-purchase agreement as defined in division (F) of section 11,633
1351.01 of the Revised Code shall never be intended as security. 11,634
(2) Whether a transaction, other than a lease-purchase 11,636
agreement as defined in division (F) of section 1351.01 of the 11,637
Revised Code, creates a lease or security interest is determined 11,638
by the facts of each case; however, a transaction creates a 11,639
security interest if the consideration the lessee is to pay the 11,640
lessor for the right to possession and use of the goods is an 11,641
obligation for the term of the lease not subject to termination 11,642
by the lessee and if any of the following applies: 11,643
(a) The original term of the lease is equal to or greater 11,645
than the remaining economic life of the goods. 11,646
(b) The lessee is bound to renew the lease for the 11,648
remaining economic life of the goods or is bound to become the 11,649
owner of the goods. 11,650
(c) The lessee has an option to renew the lease for the 11,652
remaining economic life of the goods for no additional 11,653
consideration or nominal additional consideration upon compliance 11,654
with the lease agreement. 11,655
(d) The the lessee has an option to become the owner of 11,657
the goods for no additional consideration or nominal additional 11,658
consideration upon compliance with the lease agreement. 11,659
(3) A transaction does not create a security interest 11,661
merely because it provides any of the following: 11,662
(a) That the present value of the consideration the lessee 11,664
is obligated to pay the lessor for the right to possession and 11,665
use of the goods is substantially equal to or is greater than the 11,666
271
fair market value of the goods at the time the lease is entered 11,667
into; 11,668
(b) That the lessee assumes risk of loss of the goods or 11,670
agrees to pay taxes, insurance, filing, recording, or 11,671
registration fees, or service or maintenance costs with respect 11,672
to the goods; 11,673
(c) That the lessee has an option to renew the lease or to 11,675
become the owner of the goods; 11,676
(d) That the lessee has an option to renew the lease for a 11,678
fixed rent that is equal to or greater than the reasonably 11,679
predictable fair market rent for the use of the goods for the 11,680
term of the renewal at the time the option is to be performed; 11,681
(e) That the lessee has an option to become the owner of 11,683
the goods for a fixed price that is equal to or greater than the 11,684
reasonably predictable fair market value of the goods at the time 11,685
the option is to be performed. 11,686
(4) For purposes of division (KK) of this section, all of 11,688
the following apply: 11,689
(a) Additional consideration is not nominal if, when the 11,691
option to renew the lease is granted to the lessee, the rent is 11,692
stated to be the fair market rent for the use of the goods for 11,693
the term of the renewal determined at the time the option is to 11,694
be performed or, when the option to become the owner of the goods 11,695
is granted to the lessee, the price is stated to be the fair 11,696
market value of the goods determined at the time the option is to 11,697
be performed. Additional consideration is nominal if it is less 11,698
than the lessee's reasonably predictable cost of performing under 11,699
the lease agreement if the option is not exercised. 11,700
(b) "Reasonably predictable" and "remaining economic life 11,702
of the goods" are to be determined with reference to the facts 11,703
and circumstances at the time the parties entered into the 11,704
transaction. 11,705
(c) "Present value" means the amount as of a date certain 11,707
of one or more sums payable in the future, discounted to the date 11,708
272
certain. The discount is determined by the interest rate 11,709
specified by the parties if the rate is not manifestly 11,710
unreasonable at the time the parties entered into the 11,711
transaction. Otherwise, the discount is determined by a 11,712
commercially reasonable rate that takes into account the facts 11,713
and circumstances of each case at the time the parties entered 11,714
into the transaction. 11,715
(LL) "Send" in connection with any writing or notice means 11,717
to deposit in the mail or deliver for transmission by any other 11,718
usual means of communication with postage or cost of transmission 11,719
provided for and properly addressed and in the case of an 11,720
instrument to an address specified on it or otherwise agreed, or 11,721
if there be none to any address reasonable under the 11,722
circumstances. The receipt of any writing or notice within the 11,723
time at which it would have arrived if properly sent has the 11,724
effect of a proper sending. 11,725
(MM) "Signed" includes any symbol executed or adopted by a 11,727
party with present intention to authenticate a writing. 11,728
(NN) "Surety" includes guarantor. 11,730
(OO) "Telegram" includes a message transmitted by radio, 11,732
teletype, cable, any mechanical method of transmission, or the 11,733
like. 11,734
(PP) "Term" means that portion of an agreement which 11,736
relates to a particular matter. 11,737
(QQ) "Unauthorized" signature means one made without 11,740
actual, implied, or apparent authority and includes a forgery. 11,741
(RR) Except as otherwise provided with respect to 11,743
negotiable instruments and bank collections under sections 11,744
1303.32, 1304.20, and 1304.21 of the Revised Code, a person gives 11,745
"value" for rights if the person acquires them in any of the 11,746
following manners: 11,748
(1) In return for a binding commitment to extend credit or 11,750
for the extension of immediately available credit whether or not 11,751
drawn upon and whether or not a charge-back is provided for in 11,752
273
the event of difficulties in collection; 11,753
(2) As security for or in total or partial satisfaction of 11,755
a pre-existing claim; 11,756
(3) By accepting delivery pursuant to a pre-existing 11,758
contract for purchase; 11,759
(4) Generally, in return for any consideration sufficient 11,761
to support a simple contract. 11,762
(SS) "Warehouse receipt" means a WRITTEN OR ELECTRONIC 11,764
receipt issued by a person engaged in the business of storing 11,766
goods for hire.
(TT) "Written" or "writing" includes printing, 11,768
typewriting, or any other intentional reduction to tangible form. 11,769
Sec. 1309.401. Four THROUGH JUNE 30, 2001, FOUR dollars 11,779
AND FIFTY CENTS, AND, ON AND AFTER JULY 1, 2001, FOUR DOLLARS, of 11,780
each fee collected by the secretary of state under sections 11,782
1309.42 and 1309.43 and divisions (E) and (H) of section 1309.40 11,783
of the Revised Code, and all of the fees collected by the 11,784
secretary of state under section 1309.402 of the Revised Code, 11,785
shall be deposited in the state treasury to the credit of the 11,786
corporate and uniform commercial code filing fund, which is 11,787
hereby created. The remainder of each such fee shall be
deposited in the general revenue fund. All moneys credited to 11,788
the corporate and uniform commercial code filing fund shall be 11,789
used only for the purpose of paying for expenses relating to the 11,790
processing of filings under Title XVII and Chapter 1329. of the 11,791
Revised Code and the uniform commercial code.
Sec. 1317.07. No retail installment contract authorized by 11,800
section 1317.03 of the Revised Code which THAT is executed in 11,801
connection with any retail installment sale shall evidence any 11,802
indebtedness in excess of the time balance fixed in the written 11,803
instrument in compliance with section 1317.04 of the Revised 11,804
Code, but it may evidence in addition any agreements of the 11,805
parties for the payment of delinquent charges, as provided for in 11,806
section 1317.06 of the Revised Code, taxes, and any lawful fee 11,807
274
actually paid out, or to be paid out, by the retail seller to any 11,808
public officer for filing, recording, or releasing any instrument 11,809
securing the payment of the obligation owed on any retail 11,810
installment contract. No retail seller, directly or indirectly, 11,811
shall charge, contract for, or receive from any retail buyer, any 11,812
further or other amount for examination, service, brokerage, 11,813
commission, expense, fee, or other thing of value. A documentary 11,814
service charge customarily and presently being paid on May 9, 11,815
1949, in a particular business and area may be charged if the 11,816
same CHARGE does not exceed thirty FIFTY dollars per sale. 11,818
No retail seller shall use multiple agreements with respect 11,820
to a single item or related items purchased at the same time, 11,821
with intent to obtain a higher charge than would otherwise be 11,822
permitted by Chapter 1317. of the Revised Code or to avoid 11,823
disclosure of an annual percentage rate, nor by use of such 11,824
agreements make any charge greater than that which would be 11,825
permitted by Chapter 1317. of the Revised Code had a single 11,826
agreement been used. 11,827
Sec. 1321.57. (A) Notwithstanding any other provisions of 11,836
the Revised Code, a registrant may contract for and receive 11,837
interest, calculated according to the actuarial method, at a rate 11,838
or rates not exceeding twenty-one per cent per year on the unpaid 11,839
principal balances of the loan. Loans may be interest-bearing or 11,840
precomputed. 11,841
(B) For purposes of computation of time on 11,843
interest-bearing and precomputed loans, including, but not 11,844
limited to, the calculation of interest, a month is considered 11,845
one-twelfth of a year, and a day is considered one three hundred 11,846
sixty-fifth of a year when calculation is made for a fraction of 11,847
a month. A year is as defined in section 1.44 of the Revised 11,848
Code. A month is that period described in section 1.45 of the 11,849
Revised Code. 11,850
(C) With respect to interest-bearing loans: 11,852
(1)(a) Interest shall be computed on unpaid principal 11,854
275
balances outstanding from time to time, for the time outstanding. 11,855
(b) As an alternative to the method of computing interest 11,857
set forth in division (C)(1)(a) of this section, a registrant, if 11,858
the loan contract so provides, may charge and collect interest 11,859
for the first installment period based on elapsed time from the 11,860
date of the loan to the first scheduled payment due date, and for 11,861
each succeeding installment period from the scheduled payment due 11,862
date to the next scheduled payment due date, regardless of the 11,863
date or dates the payments are actually made. 11,864
(c) Whether a registrant computes interest pursuant to 11,866
division (C)(1)(a) or (b) of this section, each payment shall be 11,867
applied first to unpaid charges, then to interest, and the 11,868
remainder to the unpaid principal balance. However, if the 11,869
amount of the payment is insufficient to pay the accumulated 11,870
interest, the unpaid interest continues to accumulate to be paid 11,871
from the proceeds of subsequent payments and is not added to the 11,872
principal balance. 11,873
(2) Interest shall not be compounded or paid in advance. 11,875
However, if part or all of the consideration for a new loan 11,876
contract is the unpaid principal balance of a prior loan, then 11,877
the principal amount payable under such new loan contract may 11,878
include any unpaid interest that has accrued. The resulting loan 11,879
contract shall be deemed a new and separate loan transaction for 11,880
purposes of this section. The unpaid principal balance of a 11,881
precomputed loan is the balance due after refund or credit of 11,882
unearned interest as provided in division (D)(3) of this section. 11,883
(D) With respect to precomputed loans: 11,885
(1) Loans shall be repayable in monthly installments of 11,887
principal and interest combined, except that the first 11,888
installment period may exceed one month by not more than fifteen 11,889
days, and the first installment payment amount may be larger than 11,890
the remaining payments by the amount of interest charged for the 11,891
extra days; and provided further that monthly installment payment 11,892
dates may be omitted to accommodate borrowers with seasonal 11,893
276
income. 11,894
(2) Payments may be applied to the combined total of 11,896
principal and precomputed interest until maturity of the loan. A 11,897
registrant may charge interest after the original or deferred 11,898
maturity of a precomputed loan at the rate specified in division 11,899
(A) of this section on all unpaid principal balances for the time 11,900
outstanding. 11,901
(3) When any loan contract is paid in full by cash, 11,903
renewal, refinancing, or a new loan, one month or more before the 11,904
final installment due date, the registrant shall refund, or 11,905
credit the borrower with, the total of the applicable charges for 11,906
all fully unexpired installment periods, as originally scheduled 11,907
or as deferred, that follow the day of prepayment. If the 11,908
prepayment is made other than on a scheduled installment due 11,910
date, the nearest scheduled installment due date shall be used in
such computation. If the prepayment occurs prior to the first 11,911
installment due date, the registrant may retain one-thirtieth of 11,912
the applicable charge for a first installment period of one month 11,913
for each day from date of loan to date of prepayment, and shall 11,914
refund, or credit the borrower with, the balance of the total 11,915
interest contracted for. If the maturity of the loan is 11,916
accelerated for any reason and judgment is entered, the 11,917
registrant shall credit the borrower with the same refund as if 11,918
prepayment in full had been made on the date the judgment is 11,919
entered. 11,920
(4) If the parties agree in writing, either in the loan 11,922
contract or in a subsequent agreement, to a deferment of wholly 11,923
unpaid installments, a registrant may grant a deferment and may 11,924
collect a deferment charge as provided in this section. A 11,925
deferment postpones the scheduled due date of the earliest unpaid 11,926
installment and all subsequent installments as originally 11,927
scheduled, or as previously deferred, for a period equal to the 11,928
deferment period. The deferment period is that period during 11,929
which no installment is scheduled to be paid by reason of the 11,930
277
deferment. The deferment charge for a one-month period may not 11,931
exceed the applicable charge for the installment period 11,932
immediately following the due date of the last undeferred 11,933
installment. A proportionate charge may be made for deferment 11,934
for periods of more or less than one month. A deferment charge 11,935
is earned pro rata during the deferment period and is fully 11,936
earned on the last day of the deferment period. If a loan is 11,937
prepaid in full during a deferment period, the registrant shall 11,938
make, or credit to the borrower, a refund of the unearned 11,939
deferment charge in addition to any other refund or credit made 11,940
for prepayment of the loan in full. 11,941
(E) A registrant, at the request of the borrower, may 11,943
obtain, on one or more borrowers, credit life insurance, credit 11,944
accident and health insurance, and unemployment insurance. The 11,945
premium or identifiable charge for the insurance may be included 11,947
in the principal amount of the loan and may not exceed the 11,948
premium rate filed by the insurer with the superintendent of 11,949
insurance and not disapproved by the superintendent. If a 11,950
registrant obtains the insurance at the request of the borrower, 11,951
the borrower shall have the right to cancel the insurance for a 11,952
period of twenty-five days after the loan is made. If the 11,953
borrower chooses to cancel the insurance, the borrower shall give 11,954
the registrant written notice of this choice and shall return all 11,955
of the policies or certificates of insurance or notices of 11,956
proposed insurance to the registrant during such period, and the 11,957
full premium or identifiable charge for the insurance shall be 11,958
refunded to the borrower by the registrant. If the borrower 11,959
requests, in the notice to cancel the insurance, that this refund 11,960
be applied to reduce the balance of a precomputed loan, the 11,961
registrant shall credit the amount of the refund plus the amount 11,962
of interest applicable to the refund to the loan balance. 11,963
(F) A registrant may require the borrower to provide 11,965
insurance or a loss payable endorsement covering reasonable risks 11,966
of loss, damage, and destruction of property used as security for 11,967
278
the loan and with the consent of the borrower such insurance may 11,968
cover property other than that which is security for the loan. 11,969
The amount and term of required property insurance shall be 11,970
reasonable in relation to the amount and term of the loan 11,971
contract and the type and value of the security, and the 11,972
insurance shall be procured in accordance with the insurance laws 11,973
of this state. The purchase of this insurance through the 11,974
registrant or an agent or broker designated by the registrant 11,975
shall not be a condition precedent to the granting of the loan. 11,976
If the borrower purchases the insurance from or through the 11,977
registrant or from another source, the premium may be included in 11,978
the principal amount of the loan. 11,979
(G) On loans secured by an interest in real estate, a ALL 11,981
OF THE FOLLOWING APPLY: 11,982
(1) A registrant may charge and receive up to two points, 11,985
and a prepayment penalty not in excess of one per cent of the 11,986
original principal amount of the loan. Points may be paid by the 11,987
borrower at the time of the loan or may be included in the 11,988
principal amount of the loan. On a refinancing, a registrant may 11,989
not charge under this division (G)(1) OF THIS SECTION either 11,991
points within one year from the date of a prior loan on which 11,992
points were charged or a prepayment penalty. This division 11,993
(2) AS AN ALTERNATIVE TO THE PREPAYMENT PENALTY DESCRIBED 11,995
IN DIVISION (G)(1) OF THIS SECTION, A REGISTRANT MAY CONTRACT 11,996
FOR, CHARGE, AND RECEIVE THE PREPAYMENT PENALTY DESCRIBED IN 11,997
DIVISION (G)(2) OF THIS SECTION FOR THE PREPAYMENT OF A LOAN 12,000
PRIOR TO THREE YEARS AFTER THE DATE THE LOAN CONTRACT IS
EXECUTED. THIS PREPAYMENT PENALTY SHALL NOT EXCEED THREE PER 12,001
CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS 12,002
PAID IN FULL PRIOR TO ONE YEAR AFTER THE DATE THE LOAN CONTRACT 12,003
IS EXECUTED. THE PENALTY SHALL NOT EXCEED TWO PER CENT OF THE 12,004
ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS PAID IN FULL 12,005
AT ANY TIME FROM ONE YEAR, BUT PRIOR TO TWO YEARS, AFTER THE DATE 12,006
THE LOAN CONTRACT IS EXECUTED. THE PENALTY SHALL NOT EXCEED ONE 12,007
279
PER CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN 12,008
IS PAID IN FULL AT ANY TIME FROM TWO YEARS, BUT PRIOR TO THREE 12,009
YEARS, AFTER THE DATE THE LOAN CONTRACT IS EXECUTED. A 12,011
REGISTRANT SHALL NOT CHARGE OR RECEIVE A PREPAYMENT PENALTY UNDER 12,012
DIVISION (G)(2) OF THIS SECTION IF ANY OF THE FOLLOWING APPLIES: 12,013
(a) THE LOAN IS A REFINANCING BY THE SAME REGISTRANT OR A 12,015
REGISTRANT TO WHOM THE LOAN HAS BEEN ASSIGNED; 12,016
(b) THE LOAN IS PAID IN FULL AS A RESULT OF THE SALE OF 12,018
THE REAL ESTATE THAT SECURES THE LOAN; 12,020
(c) THE LOAN IS PAID IN FULL WITH THE PROCEEDS OF AN 12,022
INSURANCE CLAIM AGAINST AN INSURANCE POLICY THAT INSURES THE LIFE 12,024
OF THE BORROWER OR AN INSURANCE POLICY THAT COVERS LOSS, DAMAGE, 12,026
OR DESTRUCTION OF THE REAL ESTATE THAT SECURES THE LOAN. 12,027
(3) DIVISION (G) OF THIS SECTION is not a limitation on 12,030
discount points or other charges for purposes of section 12,031
501(b)(4) of the "Depository Institutions Deregulation and 12,032
Monetary Control Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 12,033
note.
(H)(1) In addition to the interest and charges provided 12,035
for by this section, no further or other amount, whether in the 12,036
form of broker fees, placement fees, or any other fees 12,037
whatsoever, shall be charged or received by the registrant, 12,038
except costs and disbursements to which the registrant may become 12,039
entitled by law in connection with any suit to collect a loan or 12,040
any lawful activity to realize on a security interest or mortgage 12,041
after default, and except the following additional charges which 12,043
may be included in the principal amount of the loan or collected
at any time after the loan is made: 12,044
(a) The amounts of fees authorized by law to record, file, 12,046
or release security interests and mortgages on a loan; 12,047
(b) With respect to a loan secured by an interest in real 12,049
estate, the following closing costs, if they are bona fide, 12,050
reasonable in amount, and not for the purpose of circumvention or 12,051
evasion of this section: 12,052
280
(i) Fees or premiums for title examination, abstract of 12,054
title, title insurance, surveys, or similar purposes; 12,055
(ii) If not paid to the registrant, an employee of the 12,057
registrant, or a person related to the registrant, fees for 12,058
preparation of a mortgage, settlement statement, or other 12,059
documents, fees for notarizing mortgages and other documents, and 12,060
appraisal fees; 12,061
(c) Fees for credit investigations not exceeding ten 12,063
dollars.
(2) Division (H)(1) of this section does not limit the 12,065
rights of registrants to engage in other transactions with 12,066
borrowers, provided the transactions are not a condition of the 12,067
loan. 12,068
(I) If the loan contract or security instrument contains 12,070
covenants by the borrower to perform certain duties pertaining to 12,071
insuring or preserving security and the registrant pursuant to 12,072
the loan contract or security instrument pays for performance of 12,073
the duties on behalf of the borrower, the registrant may add the 12,074
amounts paid to the unpaid principal balance of the loan or 12,075
collect them separately. A charge for interest may be made for 12,076
sums advanced not exceeding the rate of interest permitted by 12,077
division (A) of this section. Within a reasonable time after 12,078
advancing a sum, the registrant shall notify the borrower in 12,079
writing of the amount advanced, any interest charged with respect 12,080
to the amount advanced, any revised payment schedule, and shall 12,081
include a brief description of the reason for the advance. 12,082
(J) In addition to points authorized under division (G) of 12,085
this section, a registrant may charge and receive, on loans in 12,086
the principal amount of less than five hundred dollars, loan
origination charges not exceeding fifteen dollars; on loans in 12,087
the principal amount of at least five hundred dollars but less 12,088
than one thousand dollars, loan origination charges not exceeding 12,089
thirty dollars; on loans in the principal amount of at least one 12,090
thousand dollars but less than two thousand dollars, loan 12,091
281
origination charges not exceeding sixty-five dollars; and on 12,092
loans in the principal amount of at least two thousand dollars,
loan origination charges not exceeding the greater of one hundred 12,093
fifty dollars or one per cent of the principal amount of the 12,094
loan. However, on unsecured loans in the principal amount of 12,095
less than five thousand dollars, the loan origination charge 12,096
shall not exceed one hundred dollars. A registrant may not 12,097
impose loan origination charges on a borrower more frequently 12,098
than once in any ninety-day period. Loan origination charges may 12,099
be paid by the borrower at the time of the loan or may be 12,100
included in the principal amount of the loan. 12,101
(K) A registrant may charge and receive check collection 12,103
charges not greater than twenty dollars plus any amount passed on 12,105
from other financial institutions for each check, negotiable 12,106
order of withdrawal, share draft, or other negotiable instrument 12,107
returned or dishonored for any reason. 12,108
(L) If the loan contract so provides, a registrant may 12,110
collect a default charge on any installment not paid in full 12,111
within ten days after its due date. For this purpose, all 12,112
installments are considered paid in the order in which they 12,113
become due. Any amounts applied to an outstanding loan balance 12,114
as a result of voluntary release of a security interest, sale of 12,115
security on the loan, or cancellation of insurance shall be 12,116
considered payments on the loan, unless the parties otherwise 12,117
agree in writing at the time the amounts are applied. The amount 12,118
of the default charge shall not exceed the greater of five per 12,119
cent of the scheduled installment or fifteen dollars. 12,120
Sec. 1322.02. (A) No person, on the person's own behalf 12,129
or on behalf of any other person, shall act as a mortgage broker 12,131
without first having obtained a certificate of registration from 12,132
the superintendent of financial institutions for every office to 12,134
be maintained by the person for the transaction of business as a 12,135
mortgage broker in this state. A registrant shall maintain an 12,138
office location in this state for the transaction of business as 12,139
282
a mortgage broker in this state. 12,140
(B) No registrant or employee of a registrant shall 12,142
originate a mortgage loan, unless the mortgage loan is originated 12,143
at a location where the registrant's certificate of registration 12,144
is maintained, and where the registrant or the employee of the 12,145
registrant regularly transacts mortgage broker business. 12,146
(C) No person shall originate mortgage loans for a 12,149
registrant, unless that person is an employee of the registrant. 12,150
(D)(C) As used in this section: 12,152
(1) "Employee" means a person who may be required or 12,154
directed by a registrant to originate mortgage loans in 12,155
consideration of direct or indirect gain or profit. "Employee" 12,156
does not include an independent contractor or any person who has 12,157
a similar employment relationship with a mortgage broker. 12,158
(2) "Originate" means any of the following: 12,160
(a) To negotiate or arrange, or to offer to negotiate or 12,163
arrange, a mortgage loan between a person that makes or funds
mortgage loans and a buyer; 12,164
(b) To issue a commitment for a mortgage loan to a buyer; 12,167
(c) To place, assist in placement, or find a mortgage loan 12,170
for a buyer.
Sec. 1322.10. (A) After notice and opportunity for a 12,179
hearing conducted in accordance with Chapter 119. of the Revised 12,180
Code, the superintendent of financial institutions may do the 12,182
following:
(1) Suspend, revoke, or refuse to issue or renew a 12,184
certificate of registration if the superintendent finds a 12,187
violation of division (B) of section 1322.02 or 1322.06, or 12,189
section 1322.05, 1322.07, 1322.08, or 1322.09 of the Revised Code 12,190
or the rules adopted under those sections; 12,191
(2) Impose a fine of not more than one thousand dollars, 12,194
for each day a violation of a law or rule is committed, repeated, 12,195
or continued. If the registrant engages in a pattern of repeated 12,196
violations of a law or rule, the superintendent may impose a fine 12,197
283
of not more than two thousand dollars for each day the violation 12,198
is committed, repeated, or continued. All fines collected 12,200
pursuant to this division shall be paid to the treasurer of state 12,202
to the credit of the consumer finance fund created in section 12,203
1321.21 of the Revised Code. In determining the amount of a fine 12,204
to be imposed pursuant to this division, the superintendent shall 12,206
consider all of the following: 12,207
(a) The seriousness of the violation; 12,210
(b) The registrant's good faith efforts to prevent the 12,213
violation;
(c) The registrant's history regarding violations and 12,216
compliance with division orders;
(d) The registrant's financial resources; 12,219
(e) Any other matters the superintendent considers 12,222
appropriate in enforcing sections 1322.01 to 1322.12 of the 12,223
Revised Code.
(B) The superintendent may investigate alleged violations 12,225
of section 1322.01 to 1322.12 of the Revised Code or the rules 12,226
adopted under those sections or complaints concerning any such 12,228
violation. The superintendent may make application to the court 12,229
of common pleas for an order enjoining any such violation, and, 12,230
upon a showing by the superintendent that a person has committed 12,231
or is about to commit such a violation, the court shall grant an 12,232
injunction, restraining order, or other appropriate relief. 12,233
(C) In conducting any investigation pursuant to this 12,235
section, the superintendent may compel, by subpoena, witnesses to 12,237
testify in relation to any matter over which the superintendent 12,238
has jurisdiction and may require the production of any book, 12,239
record, or other document pertaining to that matter. If a person 12,240
fails to file any statement or report, obey any subpoena, give 12,241
testimony, produce any book, record, or other document as 12,242
required by a subpoena, or permit photocopying of any book, 12,243
record, or other document subpoenaed, the court of common pleas 12,244
of any county in this state, upon application made to it by the 12,245
284
superintendent, shall compel obedience by attachment proceedings 12,246
for contempt, as in the case of disobedience of the requirements 12,247
of a subpoena issued from the court or a refusal to testify 12,248
therein.
(D) If the superintendent determines that a person is 12,250
engaged in or is believed to be engaged in activities that may 12,251
constitute a violation of sections 1322.01 to 1322.12 of the 12,252
Revised Code, the superintendent, after notice and a hearing 12,253
conducted in accordance with Chapter 119. of the Revised Code, 12,254
may issue a cease and desist order. Such an order shall be 12,255
enforceable in the court of common pleas. 12,256
Sec. 1501.01. Except where otherwise expressly provided, 12,265
the director of natural resources shall formulate and institute 12,266
all the policies and programs of the department of natural 12,267
resources. The chief of any division of the department shall not 12,268
enter into any contract, agreement, or understanding unless it is 12,269
approved by the director. 12,270
The director shall correlate and coordinate the work and 12,272
activities of the divisions in his THE department to eliminate 12,273
unnecessary duplications of effort and overlapping of functions. 12,274
The chiefs of the various divisions of the department shall meet 12,275
with the director at least once each month at a time and place 12,276
designated by the director. 12,277
The director may create advisory boards to any of those 12,279
divisions in conformity with section 121.13 of the Revised Code. 12,280
The director may accept and expend gifts, devises, and 12,282
bequests of money, lands, and other properties on behalf of the 12,283
department or any division thereof under the terms set forth in 12,284
section 9.20 of the Revised Code. Any political subdivision of 12,285
this state may make contributions to the department for the use 12,286
of the department or any division therein according to the terms 12,287
of the contribution. 12,288
The director may publish and sell or otherwise distribute 12,290
data, reports, and information. 12,291
285
The director shall adopt rules in accordance with Chapter 12,293
119. of the Revised Code to permit the department to accept by 12,294
means of a credit card the payment of fees, charges, and rentals 12,295
at those facilities described in section 1501.07 of the Revised 12,296
Code that are operated by the department, for any data, reports, 12,297
or information sold by the department, and for any other goods or 12,298
services provided by the department. 12,299
Whenever authorized by the governor to do so, the director 12,301
may appropriate property for the uses and purposes authorized to 12,302
be performed by the department and on behalf of any division 12,303
within the department. This authority shall be exercised in the 12,304
manner provided in sections 163.01 to 163.22 of the Revised Code 12,305
for the appropriation of property by the director of 12,306
administrative services. This authority to appropriate property 12,307
is in addition to the authority provided by law for the 12,308
appropriation of property by divisions of the department. The 12,309
director of natural resources also may acquire by purchase, 12,310
lease, or otherwise such real and personal property rights or 12,311
privileges in the name of the state as are necessary for the 12,312
purposes of the department or any division therein. The 12,313
director, with the approval of the governor and the attorney 12,314
general, may sell, lease, or exchange portions of lands or 12,315
property, real or personal, of any division of the department or 12,316
grant easements or licenses for the use thereof, or enter into 12,317
agreements for the sale of water from lands and waters under the 12,318
administration or care of the department or any of its divisions, 12,319
when the sale, lease, exchange, easement, agreement, or license 12,320
for use is advantageous to the state, provided that such approval 12,321
is not required for leases and contracts made under sections 12,322
SECTION 1507.12, IF ANY, OR SECTION 1501.07, 1501.09, 1507.12, or 12,324
1520.03 or Chapter 1523. of the Revised Code. Water may be sold 12,325
from a reservoir only to the extent that the reservoir was 12,326
designed to yield a supply of water for a purpose other than 12,327
recreation or wildlife, and the water sold is in excess of that 12,328
286
needed to maintain the reservoir for purposes of recreation or 12,329
wildlife.
Money received from such sales, leases, easements, 12,331
exchanges, agreements, or licenses for use, except revenues 12,332
required to be set aside or paid into depositories or trust funds 12,333
for the payment of bonds issued under sections 1501.12 to 1501.15 12,334
of the Revised Code, and to maintain the required reserves 12,335
therefor as provided in the orders authorizing the issuance of 12,336
such bonds or the trust agreements securing such bonds, revenues 12,337
required to be paid and credited pursuant to the bond proceeding 12,338
applicable to obligations issued pursuant to section 154.22, and 12,339
revenues generated under section 1520.05 of the Revised Code, 12,340
shall be deposited in the state treasury to the credit of the 12,341
fund of the division of the department having prior jurisdiction 12,342
over the lands or property. If no such fund exists, the money 12,343
shall be credited to the general revenue fund. All such money 12,344
received from lands or properties administered by the division of 12,345
wildlife shall be credited to the wildlife fund. 12,346
The director shall provide for the custody, safekeeping, 12,348
and deposit of all moneys, checks, and drafts received by the 12,349
department or its employees prior to paying them to the treasurer 12,350
of state under section 113.08 of the Revised Code. 12,351
The director shall cooperate with the nature conservancy, 12,353
other nonprofit organizations, and the United States fish and 12,354
wildlife service in order to secure protection of islands in the 12,355
Ohio river and the wildlife and wildlife habitat of those 12,356
islands. 12,357
Sec. 1501.25. (A) THERE IS HEREBY CREATED THE MUSKINGUM 12,360
RIVER ADVISORY COUNCIL CONSISTING OF THE FOLLOWING MEMBERS: 12,362
(1) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE FROM 12,364
EACH PARTY TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF 12,365
REPRESENTATIVES AFTER CONFERRING WITH THE MINORITY LEADER OF THE 12,366
HOUSE, AND TWO MEMBERS OF THE SENATE, ONE FROM EACH PARTY TO BE 12,367
APPOINTED BY THE PRESIDENT OF THE SENATE AFTER CONFERRING WITH 12,368
287
THE MINORITY LEADER OF THE SENATE; 12,369
(2) FOUR PERSONS INTERESTED IN THE DEVELOPMENT OF 12,371
RECREATIONAL AND COMMERCIAL USES OF THE MUSKINGUM RIVER, TO BE 12,372
APPOINTED BY THE GOVERNOR; 12,373
(3) TWO REPRESENTATIVES OF THE DEPARTMENT OF NATURAL 12,375
RESOURCES TO BE APPOINTED BY THE DIRECTOR OF NATURAL RESOURCES, 12,376
ONE REPRESENTATIVE OF THE DEPARTMENT OF DEVELOPMENT TO BE 12,377
APPOINTED BY THE DIRECTOR OF DEVELOPMENT, ONE REPRESENTATIVE OF 12,378
THE ENVIRONMENTAL PROTECTION AGENCY TO BE APPOINTED BY THE 12,379
DIRECTOR OF ENVIRONMENTAL PROTECTION, ONE REPRESENTATIVE OF THE 12,380
DEPARTMENT OF TRANSPORTATION TO BE APPOINTED BY THE DIRECTOR OF 12,381
TRANSPORTATION, AND ONE REPRESENTATIVE OF THE OHIO HISTORICAL 12,382
SOCIETY TO BE APPOINTED BY THE DIRECTOR OF THE SOCIETY; 12,383
(4) TWELVE PERSONS TO BE APPOINTED FROM THE FOUR COUNTIES 12,385
THROUGH WHICH THE MUSKINGUM RIVER FLOWS, WHO SHALL BE APPOINTED 12,387
IN THE FOLLOWING MANNER. THE BOARD OF COUNTY COMMISSIONERS OF 12,388
COSHOCTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,389
CITY OF COSHOCTON SHALL APPOINT ONE MEMBER. THE BOARD OF COUNTY 12,390
COMMISSIONERS OF MUSKINGUM COUNTY SHALL APPOINT TWO MEMBERS, AND 12,391
THE MAYOR OF THE CITY OF ZANESVILLE SHALL APPOINT ONE MEMBER. 12,392
THE BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY SHALL APPOINT 12,394
TWO MEMBERS, AND THE MAYOR OF THE CITY OF MCCONNELSVILLE SHALL 12,395
APPOINT ONE MEMBER. THE BOARD OF COUNTY COMMISSIONERS OF 12,397
WASHINGTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,398
CITY OF MARIETTA SHALL APPOINT ONE MEMBER.
(5) ONE MEMBER REPRESENTING THE MUSKINGUM WATERSHED 12,400
CONSERVANCY DISTRICT, TO BE APPOINTED BY THE BOARD OF DIRECTORS 12,401
OF THE DISTRICT. 12,402
MEMBERS SHALL SERVE AT THE PLEASURE OF THEIR APPOINTING 12,404
AUTHORITY. VACANCIES SHALL BE FILLED IN THE MANNER OF THE 12,405
ORIGINAL APPOINTMENT. 12,406
THE COUNCIL BIENNIALLY SHALL ELECT FROM AMONG ITS MEMBERS A 12,409
CHAIRPERSON AND A VICE-CHAIRPERSON. ONE OF THE REPRESENTATIVES 12,411
OF THE DEPARTMENT OF NATURAL RESOURCES SHALL SERVE AS SECRETARY 12,412
288
OF THE COUNCIL UNLESS A MAJORITY OF THE MEMBERS ELECT ANOTHER 12,413
MEMBER TO THAT POSITION. THE COUNCIL SHALL MEET AT LEAST ONCE 12,415
EACH YEAR FOR THE PURPOSE OF TAKING TESTIMONY FROM RESIDENTS OF 12,417
THE MUSKINGUM RIVER AREA, USERS OF THE RIVER AND ADJACENT LANDS, 12,418
AND THE GENERAL PUBLIC AND MAY HOLD ADDITIONAL MEETINGS AT THE 12,419
CALL OF THE CHAIRPERSON. 12,420
THE CHAIRPERSON MAY APPOINT MEMBERS OF THE COUNCIL AND 12,423
OTHER PERSONS TO COMMITTEES AND STUDY GROUPS AS NEEDED. 12,424
THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL 12,426
ASSEMBLY, THE GOVERNOR, AND THE DIRECTOR OF NATURAL RESOURCES. 12,427
THE REPORT SHALL INCLUDE, WITHOUT LIMITATION, A DESCRIPTION OF 12,428
THE CONDITIONS OF THE MUSKINGUM RIVER AREA, A DISCUSSION OF THE 12,429
COUNCIL'S ACTIVITIES, ANY RECOMMENDATIONS FOR ACTIONS BY THE 12,431
GENERAL ASSEMBLY OR ANY STATE AGENCY THAT THE COUNCIL DETERMINES 12,433
ARE NEEDED, AND ESTIMATES OF THE COSTS OF THOSE RECOMMENDATIONS. 12,434
THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE STAFF 12,436
ASSISTANCE TO THE COUNCIL AS NEEDED. 12,437
(B) THE COUNCIL MAY DO ANY OF THE FOLLOWING: 12,439
(1) PROVIDE COORDINATION AMONG POLITICAL SUBDIVISIONS, 12,441
STATE AGENCIES, AND FEDERAL AGENCIES INVOLVED IN DREDGING, DEBRIS 12,442
REMOVAL OR DISPOSAL, AND RECREATIONAL, COMMERCIAL, TOURISM, AND 12,444
ECONOMIC DEVELOPMENT;
(2) PROVIDE AID TO CIVIC GROUPS AND INDIVIDUALS WHO WANT 12,446
TO MAKE IMPROVEMENTS TO THE MUSKINGUM RIVER IF THE COUNCIL 12,447
DETERMINES THAT THE IMPROVEMENTS WOULD BE BENEFICIAL TO THE 12,448
RESIDENTS OF THE AREA AND TO THE STATE; 12,449
(3) PROVIDE INFORMATION AND PLANNING AID TO STATE AND 12,451
LOCAL AGENCIES RESPONSIBLE FOR HISTORIC, COMMERCIAL, AND 12,452
RECREATIONAL DEVELOPMENT OF THE MUSKINGUM RIVER AREA, INCLUDING 12,453
WITHOUT LIMITATION, SUGGESTIONS AS TO PRIORITIES FOR PENDING 12,455
MUSKINGUM RIVER PROJECTS OF THE DEPARTMENT OF NATURAL RESOURCES;
(4) PROVIDE UPDATED INFORMATION TO THE UNITED STATES ARMY 12,458
CORPS OF ENGINEERS, THE DEPARTMENT OF NATURAL RESOURCES, AND THE 12,459
MUSKINGUM CONSERVANCY DISTRICT ESTABLISHED UNDER CHAPTER 6101. OF 12,462
289
THE REVISED CODE CONCERNING POTENTIAL HAZARDS TO FLOOD CONTROL OR 12,464
NAVIGATION, EROSION PROBLEMS, DEBRIS ACCUMULATION, AND
DETERIORATION OF LOCKS OR DAMS. 12,465
Sec. 1507.01. There is hereby created in the department of 12,474
natural resources the division of engineering to be administered 12,475
by the chief engineer of the department, who shall be a 12,476
professional engineer registered under Chapter 4733. of the 12,477
Revised Code. The chief engineer shall do all of the following: 12,478
(A) Administer this chapter; 12,480
(B) Provide engineering, architectural, land surveying, 12,482
and related administrative and maintenance support services to 12,483
the other divisions in the department; 12,484
(C) Upon request of the director of natural resources, 12,486
implement the department's capital improvement program and 12,487
facility maintenance projects, including all associated 12,488
engineering, architectural, design, contracting, surveying, 12,489
inspection, and management responsibilities and requirements; 12,490
(D) With the approval of the director, act as contracting 12,492
officer in departmental engineering, architectural, surveying, 12,493
and construction matters regarding capital improvements except 12,494
for those matters otherwise specifically provided for in law; 12,495
(E) Administer AS LONG AS THE STATE RETAINS OWNERSHIP OF 12,497
THE BURR OAK WATER SYSTEM, ADMINISTER, operate, and maintain the 12,499
Burr Oak water system and, with the approval of the director, act 12,500
as contracting agent in matters concerning that system; 12,501
(F) Provide engineering support for the coastal management 12,503
program established under Chapter 1506. of the Revised Code; 12,504
(G) Coordinate the department's roadway maintenance 12,506
program with the department of transportation pursuant to section 12,507
5511.05 of the Revised Code and maintain the roadway inventory of 12,508
the department of natural resources; 12,509
(H) Coordinate the department's emergency response 12,511
activities with the emergency management agency created in 12,512
section 5915.02 5502.22 of the Revised Code; 12,513
290
(I) Coordinate the department's projects, programs, 12,515
policies, procedures, and activities with the United States army 12,516
corps of engineers; 12,517
(J) Subject to the approval of the director, employ 12,519
professional and technical assistants and such other employees as 12,520
are necessary for the performance of the activities required or 12,521
authorized under this chapter, other work of the division, and 12,522
any other work agreed to under working agreements or contractual 12,523
arrangements; prescribe their duties; and fix their compensation 12,524
in accordance with such schedules as are provided by law for the 12,525
compensation of state employees. 12,526
Sec. 1507.12. The chief engineer of the department of 12,535
natural resources shall adopt, and may amend and rescind, rules 12,536
in accordance with Chapter 119. of the Revised Code specifying 12,537
requirements and procedures for the provision of water service to 12,538
water users and establishing a rate schedule, including related 12,539
water service fees and late payment penalties, for the sale of 12,540
water from the Burr Oak water system sufficient to meet the 12,541
capital improvement and operating expenses of the system. The 12,542
revenue derived from the sale of the water shall be deposited 12,543
into the Burr Oak water system fund, which is hereby created in 12,544
the state treasury. All investment earnings of the fund shall be 12,545
credited to the fund. Money in the fund shall be used to pay the 12,546
capital improvement and operating expenses of the Burr Oak water
system. The chief engineer may enter into contracts with the 12,547
Ohio water development authority, pursuant to Chapter 6121. of 12,548
the Revised Code, to meet the capital improvement expenses of the 12,549
Burr Oak water system.
THE PROVISIONS OF THIS SECTION APPLY ONLY AS LONG AS THE 12,551
STATE RETAINS OWNERSHIP OF THE BURR OAK WATER SYSTEM AND CEASE TO 12,552
APPLY IF OWNERSHIP OF THE BURR OAK WATER SYSTEM IS TRANSFERRED 12,553
FROM THE STATE. 12,554
For the purposes of this chapter, "Burr Oak water system" 12,556
means the Burr Oak water treatment plant and its transmission 12,557
291
lines, storage tanks, and other appurtenances. 12,558
Sec. 1515.091. (A) As used in this section: 12,567
(1) "Receiving employee" means an employee of a soil and 12,569
water conservation district who receives donated sick leave as 12,570
authorized by this section.
(2) "Donating employee" means an employee of a soil and 12,572
water conservation district who donates sick leave as authorized 12,573
by this section. 12,574
(3) "Paid leave" has the same meaning as in section 12,576
124.391 of the Revised Code. 12,577
(4) "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 12,580
WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF SERVICE FOR 12,581
THE DISTRICT TOTAL FORTY HOURS PER WEEK OR WHO RENDERS ANY OTHER 12,582
STANDARD OF SERVICE ACCEPTED AS FULL-TIME BY THE DISTRICT. 12,583
(5) "FULL-TIME LIMITED HOURS EMPLOYEE" MEANS AN EMPLOYEE 12,585
OF A SOIL AND WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF 12,586
SERVICE FOR THE DISTRICT TOTAL TWENTY-FIVE TO THIRTY-NINE HOURS 12,587
PER WEEK OR WHO RENDERS ANY OTHER STANDARD OF SERVICE ACCEPTED AS 12,588
FULL-TIME LIMITED HOURS BY THE DISTRICT.
(B)(1) An employee of a soil and water conservation 12,591
district is eligible to become a receiving employee if the 12,592
employee is a full-time, regular employee, OR A FULL-TIME LIMITED 12,593
HOURS EMPLOYEE, who has completed the prescribed probationary 12,594
period, has used up all accrued paid leave, and has been placed 12,595
on an approved, unpaid, medical-related leave of absence for a 12,596
period of at least thirty CONSECUTIVE working days because of the 12,597
employee's own serious illness or because of a serious illness of 12,599
a member of the employee's immediate family. 12,600
(2) An employee who desires to become a receiving employee 12,603
shall submit to the board of supervisors of the employing soil 12,604
and water conservation district, along with a satisfactory 12,605
physician's certification, a written request for donated sick 12,606
leave. The board of supervisors shall determine whether the 12,607
employee is eligible to become a receiving employee, and shall 12,609
292
approve the request if it determines the employee is eligible. 12,610
(C)(1) A board of supervisors that approves a request for 12,613
an employee to become a receiving employee shall forward the 12,614
approved application to a committee that the Ohio association of 12,616
soil and water conservation district employees shall appoint to 12,617
act as a clearinghouse for the donation of sick leave under this 12,618
section. The committee shall post notice for not less than ten 12,619
days informing all employees of soil and water conservation 12,620
districts throughout the state that it has received an approved 12,621
application to become a receiving employee.
(2) A soil and water conservation district employee 12,623
desiring to become a donating employee shall complete and submit 12,624
a sick leave donation form to the employee's immediate supervisor 12,626
within twenty days after the date of the initial posting of the
notice described in division (C)(1) of this section. If the 12,627
board of supervisors of the employing district of an employee 12,629
desiring to become a donating employee approves the sick leave 12,630
donation, the board shall forward to the committee, together with 12,631
a check equal to the total value of the sick leave donation, a 12,632
copy of the sick leave donation form, and the board shall notify 12,633
the receiving employee regarding the donation. 12,634
(D) If the committee described in division (C)(1) of this 12,637
section receives a sick leave donation form and a check from a 12,638
board of supervisors, the committee shall deposit the check into 12,639
an account that it shall establish to be used to dispense funds 12,640
to the employing district of a receiving employee. The committee 12,641
shall notify the board of supervisors of the employing district 12,642
of a receiving employee of the amount of sick leave donated. The 12,644
board of supervisors shall bill the committee during each pay 12,645
period for the receiving employee's gross hourly wages in an 12,646
amount that does not exceed the amount donated to the receiving 12,647
employee. The board of supervisors, with the approval of the 12,648
county auditor, shall provide for the deposit into its 12,649
appropriate payroll account of any payments it receives for the 12,650
293
benefit of a receiving employee.
(E) The donation and receipt of sick leave under this 12,653
section is subject to all of the following: 12,654
(1) All donations of sick leave shall be voluntary. 12,657
(2) A donating employee is eligible to donate not less 12,659
than eight hours and not more than eighty hours of sick leave 12,660
during the same calendar year. 12,661
(3) The value of an hour of sick leave donated is the 12,663
value of the donating employee's gross hourly wage. The number 12,664
of hours received by a receiving employee from a donating 12,665
employee shall be a number that, when multiplied by the receiving 12,667
employee's gross hourly wage, equals the amount resulting when 12,668
the donating employee's gross hourly wage is multiplied by the 12,669
number of hours of sick leave donated.
(4) No paid leave shall accrue to a receiving employee for 12,672
any compensation received through donated sick leave, and the
receipt of donated sick leave does not affect the date on which a 12,674
receiving employee first qualifies for continuation of health
insurance coverage. 12,675
(5) If a receiving employee does not use all donated sick 12,677
leave during the period of the employee's leave of absence, the 12,678
unused balance shall be returned, within three months after the 12,679
end of the leave of absence and on a prorated basis, to each 12,680
donating employee who donated sick leave to the receiving 12,681
employee REMAIN IN THE ACCOUNT THAT THE COMMITTEE DESCRIBED IN 12,682
DIVISION (C)(1) OF THIS SECTION ESTABLISHED UNDER DIVISION (D) OF 12,683
THIS SECTION AND SHALL BE USED TO DISPENSE FUNDS IN THE FUTURE TO 12,684
THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. 12,685
Sec. 1521.04. The chief of the division of water, with the 12,694
approval of the director of natural resources, may make loans and 12,695
grants from the water management fund created in section 1501.32 12,696
of the Revised Code to governmental agencies for water 12,697
management, water supply improvements, and planning and may 12,698
administer grants from the federal government and from other 12,699
294
public or private sources for carrying out those functions and 12,700
for the performance of any acts that may be required by the 12,701
United States or by any agency or department thereof as a 12,702
condition for the participation by any governmental agency in any 12,703
federal financial or technical assistance program. Direct and 12,704
indirect costs of administration may be paid from the water 12,705
management fund. 12,706
The chief may use the water management fund to acquire, 12,708
construct, reconstruct, improve, equip, maintain, operate, and 12,709
dispose of water management improvements. He THE CHIEF may fix, 12,710
alter, charge, and collect rates, fees, rentals, and other 12,712
charges to be paid into the water management fund by governmental 12,713
agencies and persons who are supplied with water by facilities 12,714
constructed or operated by the department of natural resources in 12,715
order to amortize and defray the cost of the construction, 12,716
maintenance, and operation of those facilities. This section 12,717
does not apply to the Burr Oak water system administered by the 12,718
chief engineer of the department of natural resources under 12,719
Chapter 1507. SECTIONS 1507.01 AND 1507.12 of the Revised Code. 12,720
Sec. 1547.67. The division of watercraft, with the 12,733
approval of the director of natural resources, may expend, for 12,734
the purpose of assisting political subdivisions, conservancy 12,735
districts, and state departments to establish or maintain and 12,736
operate a marine patrol for the purpose of enforcing this chapter 12,737
AND CHAPTER 1548. OF THE REVISED CODE and rules adopted under it 12,739
THEM AND TO PROVIDE EMERGENCY RESPONSE TO BOATING ACCIDENTS ON 12,740
THE WATER, such funds as are appropriated by the general assembly 12,741
for that purpose, and, in addition, such moneys from the 12,742
waterways safety fund established in section 1547.75 of the 12,743
Revised Code as determined to be necessary by the division of
watercraft not to exceed ten per cent of all moneys accruing to 12,744
the fund. In no case shall the grant to a political subdivision, 12,745
conservancy district, or state department total more than 12,746
twenty-five THIRTY thousand dollars in a calendar year. Moneys 12,747
295
so allocated may be used for the purchase, maintenance, and 12,748
operation of vessels and marine equipment, educational materials, 12,749
and personnel salaries, THAT ARE necessary for enforcement of 12,750
this chapter AND CHAPTER 1548. OF THE REVISED CODE and rules 12,751
adopted under it, THEM and to provide for the public safety 12,753
EMERGENCY RESPONSE TO BOATING ACCIDENTS ON THE WATER. 12,754
The division of watercraft shall disburse the moneys as 12,756
provided in this section in accordance with its determination of 12,757
need in the enforcement of this chapter AND CHAPTER 1548. OF THE 12,758
REVISED CODE and rules adopted under it THEM and shall disburse 12,759
those moneys only on a matching COST SHARE basis to supplement 12,761
funds allocated by a political subdivision, conservancy district, 12,762
or state department for that purpose. A GRANTEE SHALL PROVIDE AT 12,763
LEAST TWENTY-FIVE PER CENT OF THE TOTAL PROGRAM COST.
Sec. 1547.68. To assist political subdivisions, 12,772
conservancy districts, state departments, or nonprofit 12,773
organizations in establishing or participating in boating safety 12,774
education programs, the division of watercraft, with the approval 12,775
of the director of natural resources, may expend moneys 12,776
appropriated by the general assembly for those purposes and, 12,777
additionally, moneys from the waterways safety fund established 12,778
in section 1547.75 of the Revised Code determined to be necessary 12,779
by the division, but not to exceed ten per cent of all moneys 12,780
accruing to the fund. In no case shall a grant to any one 12,781
political subdivision, conservancy district, state department, or 12,782
nonprofit organization total more than fifteen THIRTY thousand 12,783
dollars in a calendar year. Moneys so allocated may be used for 12,785
personnel salaries and training, materials, supplies, equipment, 12,786
and related expenses needed to conduct boating education 12,787
programs. 12,788
The division shall disburse the moneys as provided in this 12,790
section in accordance with its determination of need in the 12,791
enforcement of this chapter and rules adopted under it or for the 12,792
establishment of or participation in a boating safety education 12,793
296
program. The division shall disburse moneys only on a cost share 12,794
basis. A grantee shall provide at least twenty-five per cent of 12,795
the total program cost and may do so with cash, in-kind services 12,796
or contributions, or both A COMBINATION. The cost share shall be 12,798
allocated by a political subdivision, conservancy district, state 12,799
department, or nonprofit organization for those purposes. 12,800
Sec. 1547.72. (A) The division of watercraft, whenever it 12,809
considers it in the best interests of the state, and as an aid to 12,810
lake commerce and navigation or recreational boating, may 12,812
construct, maintain, repair, and operate refuge harbors and other 12,813
projects for the harboring, mooring, docking, launching, and 12,814
storing of light draft vessels, and marine recreational 12,815
facilities. Subject to section 1547.77 of the Revised Code, 12,816
those harbors, projects, and facilities may be constructed on 12,817
waters in this state. If a refuge harbor lies between the shore 12,818
line SHORELINE and a harbor line established by the United States 12,820
government so as to interfere with the wharfing out by a littoral 12,821
owner to navigable waters, the littoral owner shall consent 12,822
thereto in writing before the location and construction thereof. 12,823
The division may lease any space in those refuge harbors or 12,825
other projects for the harboring, mooring, docking, launching, 12,826
and storing of light draft vessels. The rental therefor shall be 12,827
determined by the division. 12,828
(B) The division, with the approval of the director of 12,830
natural resources, may expend for the acquisition of any rights 12,831
in land; for the construction, maintenance, repair, and operation 12,832
of refuge harbors and other projects for the harboring, mooring, 12,833
docking, launching, and storing of light draft vessels, and 12,834
marine recreational facilities on waters in this state; for 12,835
planning, studies, surveys, and engineering therefor; or for the 12,837
improvement of harbors, channels, and waterways to foster vessel 12,838
safety, funds appropriated by the general assembly for those 12,840
purposes and, in addition, moneys accruing to the waterways 12,841
safety fund established in section 1547.75 of the Revised Code. 12,842
297
(C) THE DIVISION, WITH THE APPROVAL OF THE DIRECTOR, MAY 12,844
DISTRIBUTE MONEYS FOR THE PURPOSE OF ADMINISTERING FEDERAL 12,845
ASSISTANCE UNDER THE "CLEAN VESSEL ACT OF 1992," 106 STAT. 5086, 12,847
33 U.S.C. 1322 NOTE, TO PUBLIC AND PRIVATE ENTITIES FOR THE 12,848
CONSTRUCTION, RENOVATION, OPERATION, AND MAINTENANCE OF PUMPOUT 12,849
STATIONS AND WASTE RECEPTION FACILITIES AND FOR ANY OTHER PURPOSE
PROVIDED UNDER THAT ACT. PUBLIC AND PRIVATE ENTITIES THAT 12,850
RECEIVE MONEYS UNDER THIS DIVISION MAY CHARGE FEES AT THE 12,851
FACILITIES IN ACCORDANCE WITH GUIDELINES ESTABLISHED UNDER THE 12,852
CLEAN VESSEL ACT OF 1992. 12,853
Sec. 1555.12. In the event the moneys to the credit of the 12,862
coal research and development bond service fund are insufficient 12,863
to meet in full all payments of interest, principal, and charges 12,864
for the retirement of obligations issued pursuant to Section 15 12,865
of Article VIII, Ohio Constitution, and section 1555.08 of the 12,866
Revised Code due and payable during the current calendar year, 12,867
except the principal of notes which THAT the commissioners of the 12,869
sinking fund certify will be retired by the issuance of bonds or 12,870
renewal notes or other obligations, the commissioners may on or 12,871
before the fifteenth day of January of any such year or any time 12,872
or times during such calendar year, but shall in any event within 12,873
ten days prior to the time any such payments are due or prior to 12,874
the date the payments required become due, certify to the 12,875
treasurer of state the total amount of such payments of 12,876
principal, interest, or charges, the amount of moneys to the 12,877
credit of the bond service fund, and the amount of additional 12,878
money necessary to be credited to the bond service fund to meet 12,879
in full the payment of such interest, principal, or charges when 12,880
due. 12,881
Upon the receipt of such certification, or if on 12,883
presentation for payment when due of either principal or interest 12,884
on obligations issued pursuant to Section 15 of Article VIII, 12,885
Ohio Constitution, and section 1555.08 of the Revised Code, there 12,886
are insufficient moneys for payment of such principal and 12,887
298
interest as certified to the treasurer of state, the treasurer of 12,888
state shall, after making whatever transfers are required by 12,889
divisions (C)(1), (2), and (3) of section 129.73 or section 12,890
5528.16 or 5528.36 of the Revised Code, transfer a sufficient 12,891
amount to the bond service fund from the undistributed receipts 12,892
derived from all excises and taxes of the state, except ad 12,893
valorem taxes on personal property, income taxes, and fees, 12,894
excises, or taxes relating to the registration, operation, or use 12,895
of vehicles on the public highways, or to fuels used for 12,896
propelling such vehicles, which excises and taxes, other than 12,897
those excepted, are and shall be deemed to be levied, in addition 12,898
to the purposes otherwise provided for by law, to provide in 12,899
accordance with the provisions of this section for the payment of 12,900
interest, principal, and charges on coal research and development 12,901
general obligations, including bonds and notes, issued pursuant 12,902
to Section 15 of Article VIII, Ohio Constitution, and section 12,903
1555.08 of the Revised Code, provided that the treasurer of state 12,904
shall draw from the undistributed revenues derived from the taxes 12,905
levied by sections 3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 12,906
5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 5731.19, 5733.06, 12,908
5739.02, 5741.02, 5743.02, and 5743.32 of the Revised Code in 12,909
proportion to the amount of undistributed revenues from each such 12,910
tax remaining after the transfer to the improvements bond 12,911
retirement fund created by Section 2f of Article VIII, Ohio 12,912
Constitution, the development bond retirement fund created by 12,913
Section 2h of Article VIII, Ohio Constitution, and the public 12,914
improvements bond retirement fund created by section 129.72 of 12,915
the Revised Code, of such amount of those revenues as may be 12,916
required by sections 129.55, 129.63, and 129.73 of the Revised 12,917
Code to be so transferred, provided that the commissioners of the 12,918
sinking fund may, in any resolution authorizing the issuance of 12,919
such coal research and development general obligations, MAY 12,920
provide for the reservation of the right to have the 12,921
undistributed revenues referred to in this paragraph applied 12,922
299
first to such bonds or other obligations as may thereafter be 12,923
issued and in priority to application thereof to the payment of 12,924
the principal and interest on obligations authorized by this 12,925
chapter, but such reservation shall not in any way qualify the 12,926
obligation of the state, which shall be absolute and 12,927
unconditional, to levy and collect at all times sufficient 12,928
excises and taxes, other than those excepted in Section 2i of 12,929
Article VIII, Ohio Constitution, as will produce adequate 12,930
revenues available for the payment of the principal and interest 12,931
of such coal research and development general obligations. 12,932
Sec. 1751.68. (A) As used in this section: 12,941
(1) "Continuing care facility" means a facility that 12,943
provides continuing care as defined in section 173.13 of the 12,944
Revised Code. 12,945
(2) "Facility" means any of the following: 12,947
(a) A skilled nursing facility; 12,949
(b) A continuing care facility that includes a part that 12,952
is a skilled nursing facility;
(c) A home for the aging that includes a part that is a 12,955
skilled nursing facility.
(3) "Home for the aging" and "skilled nursing care" have 12,957
the same meanings as in section 3721.01 of the Revised Code. 12,959
(4) "Skilled nursing facility" means a facility certified 12,961
as a skilled nursing facility under Title XVIII of the "Social 12,962
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 12,963
(B) Notwithstanding section 3901.71 of the Revised Code, 12,966
each individual or group health insuring corporation policy, 12,967
contract, certificate, or agreement delivered, issued for 12,968
delivery, or renewed in this state that provides benefits for 12,969
skilled nursing care through a closed panel plan shall provide 12,970
reimbursement for medically necessary covered skilled nursing 12,971
care services that an enrollee receives in a facility even though 12,972
the facility does not participate in the health insuring 12,973
corporation's closed panel plan if all of the following 12,974
300
conditions apply:
(1) The enrollee or the enrollee's spouse, on or before 12,976
September 1, 1997, resided in the facility or had a contract to 12,978
reside in the facility.
(2) The enrollee or the enrollee's spouse, immediately 12,980
prior to the enrollee being hospitalized, resided in the facility 12,982
or has a contract to reside in the facility and, following the 12,983
hospitalization, the enrollee resides in a part of the facility 12,984
that is a skilled nursing facility, regardless of whether the 12,985
enrollee or the enrollee's spouse resided in or had a contract to 12,986
reside in a different part of the facility prior to the 12,987
enrollee's hospitalization.
(3)(2) The facility provides the enrollee the level of 12,989
skilled nursing care that the enrollee requires. 12,990
(4)(3) The facility is willing to accept from the health 12,992
insuring corporation all of the same terms and conditions that 12,993
apply to a facility that provides skilled nursing care and is 12,994
participating in the health insuring corporation's closed panel 12,995
plan. 12,996
(C) THIS SECTION DOES NOT REQUIRE A HEALTH INSURING 12,998
CORPORATION TO INCLUDE A FACILITY IN THE CORPORATION'S CLOSED 13,000
PANEL PLAN OR REQUIRE A HEALTH INSURING CORPORATION TO PROVIDE A 13,001
FACILITY TERMS AND CONDITIONS THAT ARE DIFFERENT FROM THE TERMS 13,002
AND CONDITIONS APPLICABLE TO OTHER FACILITIES INCLUDED IN THE 13,003
CORPORATION'S CLOSED PANEL PLAN. 13,004
Sec. 2108.021. (A) EVERY HOSPITAL SHALL DEVELOP AND 13,006
IMPLEMENT A WRITTEN PROTOCOL FOR FACILITATING PROCUREMENT OF 13,007
ANATOMICAL GIFTS IN CONSULTATION WITH ALL RECOVERY AGENCIES THAT 13,008
WORK WITH THE HOSPITAL IN PROCURING AND REALIZING ANATOMICAL 13,009
GIFTS. THE PROTOCOL SHALL INCLUDE PROVISIONS UNDER WHICH THE 13,010
HOSPITAL SHALL DO ALL OF THE FOLLOWING: 13,011
(1) ENTER INTO AN AGREEMENT WITH AN ORGAN PROCUREMENT 13,013
ORGANIZATION THAT DOES ALL OF THE FOLLOWING: 13,014
(a) PROVIDES FOR THE HOSPITAL TO NOTIFY, IN A TIMELY 13,016
301
MANNER, THE ORGAN PROCUREMENT ORGANIZATION, OR A THIRD PARTY 13,017
DESIGNATED BY THE ORGANIZATION TO RECEIVE NOTIFICATION FROM THE 13,019
HOSPITAL, THAT AN INDIVIDUAL'S DEATH IS IMMINENT OR THE
INDIVIDUAL HAS DIED IN THE HOSPITAL; 13,021
(b) PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO 13,023
DETERMINE THE MEDICAL SUITABILITY OF THE POTENTIAL DONOR FOR 13,024
ORGAN DONATION;
(c) ON NOTIFICATION BY THE HOSPITAL OF THE DEATH OR 13,026
IMMINENT DEATH OF A POTENTIAL EYE OR TISSUE DONOR, PROVIDES FOR 13,027
THE ORGAN PROCUREMENT ORGANIZATION TO NOTIFY THE EYE AND TISSUE 13,029
BANKS THE HOSPITAL HAS AGREEMENTS WITH UNDER DIVISION (B) OF THIS 13,030
SECTION UNLESS THE ORGAN PROCUREMENT ORGANIZATION IS THE EYE OR 13,031
TISSUE BANK;
(d) UNLESS AN AGREEMENT THE HOSPITAL HAS ENTERED INTO WITH 13,033
AN EYE BANK OR TISSUE BANK UNDER DIVISION (B) OF THIS SECTION 13,034
PROVIDES FOR THE EYE OR TISSUE BANK TO DETERMINE MEDICAL 13,035
SUITABILITY OF THE POTENTIAL DONOR FOR EYE OR TISSUE DONATION, 13,036
PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO DETERMINE 13,037
MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR EYE AND TISSUE 13,038
DONATIONS.
(2) COLLABORATE WITH THE ORGAN PROCUREMENT ORGANIZATION TO 13,041
ESTABLISH A PROCEDURE FOR REQUESTING ORGAN, EYE, OR TISSUE 13,042
DONATIONS THAT ENSURES THE FAMILY OF EACH POTENTIAL DONOR IS 13,043
NOTIFIED OF THE OPTION TO DONATE ORGANS, EYES, OR TISSUES, OR TO 13,044
DECLINE TO DONATE;
(3) ENCOURAGE DISCRETION AND SENSITIVITY WITH RESPECT TO 13,046
THE CIRCUMSTANCES, OPINIONS, AND BELIEFS OF THE FAMILY OF EACH 13,047
POTENTIAL DONOR; 13,048
(4) COOPERATE WITH THE ORGAN PROCUREMENT ORGANIZATION AND 13,050
AN EYE BANK AND A TISSUE BANK TO DO ALL OF THE FOLLOWING: 13,051
(a) EDUCATE STAFF ON DONATION ISSUES; 13,053
(b) REVIEW DEATH CERTIFICATES AND OTHER RECORDS TO IMPROVE 13,055
IDENTIFICATION OF POTENTIAL DONORS; 13,056
(c) MAINTAIN THE BODY OF EACH POTENTIAL DONOR WHILE 13,058
302
NECESSARY TESTING AND MATCHING OF POTENTIAL DONATED ORGANS, 13,059
TISSUES, AND EYES TAKE PLACE. 13,060
(B) EACH HOSPITAL SHALL ENTER INTO AN AGREEMENT WITH AT 13,062
LEAST ONE EYE BANK AND AT LEAST ONE TISSUE BANK WITH WHICH THE 13,063
HOSPITAL WILL COOPERATE TO RETRIEVE, PROCESS, PRESERVE, STORE, 13,065
AND DISTRIBUTE ALL USABLE EYES AND TISSUES THAT HAVE BEEN
DONATED. IF THE ORGAN PROCUREMENT ORGANIZATION DESCRIBED IN 13,066
DIVISION (A) OF THIS SECTION OFFERS EYE OR TISSUE RECOVERY 13,067
SERVICES, IT MAY BE THE EYE BANK, TISSUE BANK, OR BOTH, WITH 13,069
WHICH THE HOSPITAL ENTERS INTO AN AGREEMENT.
AN AGREEMENT BETWEEN A HOSPITAL AND AN EYE BANK OR TISSUE 13,072
BANK MAY PROVIDE FOR THE EYE OR TISSUE BANK TO DETERMINE THE
MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR EYE OR TISSUE 13,073
DONATION.
NOTHING IN AN AGREEMENT ENTERED INTO UNDER THIS DIVISION 13,075
SHALL INTERFERE WITH THE PROCUREMENT OF ORGANS UNDER AN AGREEMENT 13,076
ENTERED INTO UNDER DIVISION (A)(1) OF THIS SECTION. 13,077
Sec. 2108.022. (A) A REQUEST TO ONE OR MORE OF THE 13,079
PERSONS DESCRIBED IN DIVISION (B) OF SECTION 2108.02 OF THE 13,080
REVISED CODE TO MAKE A GIFT OF APPROPRIATE PARTS OF A PATIENT'S 13,082
BODY SHALL BE INITIATED BY A PERSON DESIGNATED BY THE HOSPITAL, 13,083
WHICH MAY BE EITHER OF THE FOLLOWING: 13,084
(1) A REPRESENTATIVE OF THE ORGAN PROCUREMENT ORGANIZATION 13,086
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 13,089
CODE;
(2) AN INDIVIDUAL DESIGNATED BY THE HOSPITAL WHO HAS 13,091
COMPLETED A COURSE ON THE PROCEDURE FOR APPROACHING THE FAMILY OF 13,092
A POTENTIAL DONOR AND REQUESTING ORGAN, EYE, AND TISSUE DONATIONS 13,093
THAT IS OFFERED OR APPROVED BY THE ORGAN PROCUREMENT ORGANIZATION 13,094
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 13,096
CODE AND DESIGNED IN CONSULTATION WITH EYE AND TISSUE BANKS. 13,097
(B) A REQUEST TO ANY OF THE PERSONS DESCRIBED IN DIVISION 13,099
(B) OF SECTION 2108.02 OF THE REVISED CODE TO MAKE A GIFT OF 13,101
APPROPRIATE PARTS OF A PATIENT'S BODY SHALL NOT BE MADE IF THE 13,103
303
ORGAN PROCUREMENT ORGANIZATION REPRESENTATIVE OR THE INDIVIDUAL 13,104
DESIGNATED BY THE HOSPITAL HAS ACTUAL NOTICE OF CONTRARY 13,105
INTENTIONS BY THE PATIENT OR ACTUAL NOTICE OF OPPOSITION BY ANY 13,106
OF THE PERSONS DESCRIBED IN DIVISION (B) OF SECTION 2108.02 OF 13,107
THE REVISED CODE. 13,108
Sec. 2108.023. THE DIRECTOR OF HEALTH, IN COLLABORATION 13,110
WITH REPRESENTATIVES OF HOSPITALS AND ORGAN PROCUREMENT 13,111
ORGANIZATIONS, SHALL ISSUE GUIDELINES ESTABLISHING BOTH OF THE 13,112
FOLLOWING:
(A) RECOMMENDATIONS FOR THE TRAINING OF INDIVIDUALS 13,114
DESIGNATED TO MAKE REQUESTS FOR ANATOMICAL GIFTS UNDER DIVISION 13,115
(B) OF SECTION 2108.021 OF THE REVISED CODE, INCLUDING 13,116
REPRESENTATIVES OF ORGAN PROCUREMENT ORGANIZATIONS AND 13,118
INDIVIDUALS DESIGNATED BY HOSPITALS TO INITIATE ORGAN DONATION 13,119
REQUESTS;
(B) COMMUNICATION AND COORDINATION PROCEDURES TO IMPROVE 13,121
THE EFFICIENCY OF MAKING DONATED BODY PARTS AVAILABLE. THE 13,122
GUIDELINES SHALL INCLUDE PROCEDURES FOR COMMUNICATING WITH THE 13,123
APPROPRIATE RECOVERY AGENCY. 13,124
Sec. 2108.15. There is hereby created in the state 13,133
treasury the second chance trust fund. The fund shall consist of 13,134
voluntary contributions deposited as provided in sections 13,135
4506.081, 4507.231, and 4507.501 of the Revised Code. All 13,136
investment earnings of the fund shall be credited to the fund. 13,137
The director of health shall use the money in the fund only 13,139
for the following purposes: 13,140
(A) Development and implementation of a campaign that 13,142
explains and promotes the second chance trust fund; 13,143
(B) Development and implementation of a statewide public 13,145
education program about organ, tissue, and eye donation, 13,146
including the informational material required to be provided 13,147
under sections 4506.081, 4507.231, and 4507.501 of the Revised 13,148
Code;
(C) Development and implementation of statewide donor 13,150
304
awareness programs in secondary schools; 13,151
(D) Development and implementation of statewide programs 13,153
to recognize donor families; 13,154
(E) Development of statewide hospital training programs to 13,156
encourage and facilitate compliance with the provisions of 13,157
division (A) of section 2108.021 of the Revised Code concerning 13,159
circumstances under which an anatomical gift is required to be 13,161
requested;
(F) Reimbursement of the bureau of motor vehicles for the 13,164
administrative costs incurred in the performance of duties under 13,165
sections 4506.081, 4507.231, and 4507.501 of the Revised Code. 13,166
(G) Payment of the compensation of a staff member of the 13,168
department of health for the staff member's time spent monitoring 13,169
hospital compliance with sections 2108.01 to 2108.09 of the 13,170
Revised Code;
(H) Reimbursement UNTIL DECEMBER 31, 2000, REIMBURSEMENT 13,173
of board members for actual and necessary expenses incurred in 13,174
the performance of official duties.
The UNTIL DECEMBER 31, 2000, THE director shall consider 13,177
recommendations made by the second chance trust fund board 13,178
pursuant to section 2108.16 of the Revised Code. The UNTIL 13,179
DECEMBER 31, 2000, THE director shall determine the 13,180
appropriateness of and approve or disapprove projects recommended 13,181
by the board for funding and. ON AND AFTER DECEMBER 31, 2000, 13,182
THE DIRECTOR SHALL DETERMINE THE APPROPRIATENESS OF AND APPROVE 13,183
OR DISAPPROVE PROJECTS. THE DIRECTOR SHALL approve or disapprove 13,184
the disbursement of money from the second chance trust fund. 13,185
Sec. 2151.55. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 13,187
INTENDS TO PLACE A CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN 13,188
THE COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING 13,189
REMOVED FROM HOME, A REPRESENTATIVE OF THE PLACING ENTITY SHALL 13,190
ORALLY COMMUNICATE THE INTENDED PLACEMENT TO THE FOSTER CAREGIVER 13,191
WITH WHOM THE CHILD IS TO BE PLACED AND, IF THE CHILD WILL ATTEND 13,192
THE SCHOOLS OF THE DISTRICT IN WHICH THE FOSTER HOME IS LOCATED, 13,193
305
A REPRESENTATIVE OF THE SCHOOL DISTRICT'S BOARD OF EDUCATION. 13,194
Sec. 2151.551. DURING THE ORAL COMMUNICATION DESCRIBED IN 13,197
SECTION 2151.55 OF THE REVISED CODE, THE REPRESENTATIVE OF THE 13,198
PLACING ENTITY SHALL DO THE FOLLOWING:
(A) DISCUSS SAFETY AND WELL-BEING CONCERNS REGARDING THE 13,200
CHILD AND, IF THE CHILD ATTENDS SCHOOL, THE STUDENTS, TEACHERS, 13,201
AND PERSONNEL OF THE SCHOOL; 13,202
(B) PROVIDE THE FOLLOWING INFORMATION: 13,204
(1) A BRIEF DESCRIPTION OF THE REASONS THE CHILD WAS 13,206
REMOVED FROM HOME; 13,207
(2) SERVICES THE CHILD IS RECEIVING; 13,209
(3) THE NAME OF THE CONTACT PERSON FOR THE PLACING ENTITY 13,211
THAT IS DIRECTLY RESPONSIBLE FOR MONITORING THE CHILD'S 13,212
PLACEMENT;
(4) THE TELEPHONE NUMBER OF THE PLACING ENTITY AND, IF THE 13,214
CHILD IS IN THE TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF A 13,215
PRIVATE OR GOVERNMENT ENTITY OTHER THAN THE PLACING ENTITY, THE 13,216
TELEPHONE NUMBER OF THE ENTITY WITH CUSTODY; 13,217
(5) THE PREVIOUS SCHOOL DISTRICT ATTENDED BY THE CHILD; 13,219
(6) THE LAST KNOWN ADDRESS OF THE CHILD'S PARENTS. 13,221
Sec. 2151.552. NO LATER THAN FIVE DAYS AFTER A CHILD 13,223
DESCRIBED IN SECTION 2151.55 OF THE REVISED CODE IS ENROLLED IN 13,224
SCHOOL IN THE DISTRICT DESCRIBED IN THAT SECTION, THE PLACING 13,226
ENTITY SHALL PROVIDE IN WRITING THE INFORMATION DESCRIBED IN 13,227
DIVISION (B) OF SECTION 2151.551 OF THE REVISED CODE TO THE 13,228
SCHOOL DISTRICT AND THE CHILD'S FOSTER CAREGIVER. 13,229
Sec. 2151.553. EACH SCHOOL DISTRICT BOARD OF EDUCATION 13,231
SHALL IMPLEMENT A PROCEDURE FOR RECEIVING THE INFORMATION 13,232
DESCRIBED IN SECTION 2151.552 OF THE REVISED CODE. 13,233
Sec. 2151.554. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 13,235
PLACES A CHILD WHO HAS BEEN ADJUDICATED TO BE AN UNRULY OR 13,236
DELINQUENT CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN THE 13,237
COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING REMOVED 13,239
FROM HOME, THE PLACING ENTITY SHALL PROVIDE THE FOLLOWING
306
INFORMATION IN WRITING TO THE JUVENILE COURT OF THE COUNTY IN 13,241
WHICH THE FOSTER HOME IS LOCATED:
(A) THE INFORMATION LISTED IN DIVISIONS (B)(2) TO (4) OF 13,243
SECTION 2151.551 OF THE REVISED CODE; 13,245
(B) A BRIEF DESCRIPTION OF THE FACTS SUPPORTING THE 13,247
ADJUDICATION THAT THE CHILD IS UNRULY OR DELINQUENT; 13,248
(C) THE NAME AND ADDRESS OF THE FOSTER CAREGIVER; 13,250
(D) SAFETY AND WELL-BEING CONCERNS WITH RESPECT TO THE 13,252
CHILD AND COMMUNITY. 13,253
Sec. 2305.232. (A) No person who gives aid or advice in 13,262
an emergency situation relating to the prevention of an imminent 13,263
release of hazardous material, to the clean-up or disposal of 13,264
hazardous material that has been released, or to the related 13,265
mitigation of the effects of a release of hazardous material, nor 13,266
the public or private employer of such a person, is liable in 13,267
civil damages as a result of the aid or advice if all of the 13,268
following apply: 13,269
(1) The aid or advice was given at the request of: 13,271
(a) A sheriff, the chief of police or other chief officer 13,273
of the law enforcement agency of a municipal corporation, the 13,274
chief of police of a township police district, the chief of a 13,275
fire department, the state fire marshal, the director of 13,276
environmental protection, the chairman CHAIRPERSON of the public 13,277
utilities commission, the superintendent of the state highway 13,279
patrol, the state EXECUTIVE director of the emergency management 13,280
agency, the chief executive of a municipal corporation, or the 13,282
authorized representative of any such official, or the 13,283
legislative authority of a township or county; or 13,284
(b) The owner or manufacturer of the hazardous material, 13,286
an association of manufacturers of the hazardous material, or a 13,287
hazardous material mutual aid group;. 13,288
(2) The person giving the aid or advice acted without 13,290
anticipating remuneration for himself SELF or his THE PERSON'S 13,292
employer from the governmental official, authority, or agency 13,293
307
that requested the aid or advice; 13,294
(3) The person giving the aid or advice was specially 13,296
qualified by training or experience to give the aid or advice; 13,297
(4) Neither the person giving the aid or advice nor the 13,299
public or private employer of the person giving the aid or advice 13,300
was responsible for causing the release or threat of release nor 13,301
would otherwise be liable for damages caused by the release; 13,302
(5) The person giving the aid or advice did not engage in 13,304
willful, wanton, or reckless misconduct or grossly negligent 13,305
conduct in giving the aid or advice; 13,306
(6) The person giving the aid or advice notified the 13,308
emergency response section of the environmental protection agency 13,309
prior to giving the aid or advice. 13,310
(B) The immunity conferred by this section does not limit 13,312
the liability of any person whose action caused or contributed to 13,313
the release of hazardous material. That person is liable for any 13,314
enhancement of damages caused by the person giving aid or advice 13,315
under this section unless the enhancement of damages was caused 13,316
by the willful, wanton, or reckless misconduct or grossly 13,317
negligent conduct of the person giving aid or advice. 13,318
(C) This section does not apply to any person rendering 13,320
care, assistance, or advice in response to a discharge of oil 13,321
when that person's immunity from liability is subject to 13,322
determination under section 2305.39 of the Revised Code.
(D) As used in this section: 13,324
(1) "Hazardous material" means any material designated as 13,326
such under the "Hazardous Materials Transportation Act," 88 Stat. 13,327
2156 (1975), 49 U.S.C.A. 1803, as amended. 13,328
(2) "Mutual aid group" means any group formed at the 13,330
federal, state, regional, or local level whose members agree to 13,331
respond to incidents involving hazardous material whether or not 13,332
they shipped, transported, manufactured, or were at all connected 13,333
with the hazardous material involved in a particular incident. 13,334
(3) "Discharge" and "oil" have the same meanings as in 13,336
308
section 2305.39 of the Revised Code. 13,337
Sec. 2744.10. (A) AS USED IN THIS SECTION: 13,339
(1) "COMPUTER SERVICES," "COMPUTER," "COMPUTER SYSTEM," 13,341
"COMPUTER NETWORK," "COMPUTER PROGRAM," "COMPUTER SOFTWARE," AND 13,342
"DATA" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE 13,343
REVISED CODE.
(2) "INFORMATION TECHNOLOGY SYSTEM OR PRODUCT" INCLUDES A 13,345
COMPUTER SERVICE, COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, OR 13,346
COMPUTER PROGRAM, COMPUTER SOFTWARE, AND DATA AND ALSO INCLUDES, 13,347
BUT IS NOT LIMITED TO, ANY SOFTWARE, FIRMWARE, MICROCODE, 13,348
HARDWARE, EMBEDDED CHIPS, OR OTHER SYSTEM OR PRODUCT OR ANY 13,349
COMBINATION OF THOSE ITEMS THAT CREATES, READS, WRITES, 13,350
CALCULATES, COMPARES, SEQUENCES, OR OTHERWISE PROCESSES DATE 13,351
DATA.
(3) "STATE" AND "POLITICAL SUBDIVISION" HAVE THE SAME 13,353
MEANING AS IN SECTION 2744.01 OF THE REVISED CODE. 13,354
(4) "YEAR 2000 COMPLIANT" MEANS A COMPUTER SYSTEM OR 13,357
SYSTEMS THAT ARE, OR WILL BE, CAPABLE OF ACCURATELY PROCESSING, 13,358
STORING, PROVIDING AND RECEIVING DATE AND TIME DATA FROM, INTO, 13,359
AND BETWEEN THE TWENTIETH AND TWENTY-FIRST CENTURIES, INCLUDING 13,361
THE YEARS 1999 AND 2000, AND LEAP-YEAR CALCULATIONS, WHEN USED ON 13,363
A STAND-ALONE BASIS OR IN COMBINATION WITH OTHER HARDWARE, 13,364
FIRMWARE, OR SOFTWARE, WITHOUT CREATING NEW ERRORS OR SIDE 13,365
EFFECTS. THE PROCESSING OF DATE AND TIME DATA INCLUDES, BUT IS
NOT LIMITED TO, CALCULATING, COMPARING, PROJECTING, AND 13,366
SEQUENCING.
(B) THE STATE OR A POLITICAL SUBDIVISION SHALL NOT BE 13,368
LIABLE IN ANY CIVIL ACTION OR PROCEEDINGS FOR ANY DAMAGES CAUSED 13,370
BY THE FAILURE OF ANY INFORMATION TECHNOLOGY SYSTEM OR PRODUCT 13,371
PROVIDED OR USED BY THE STATE OR THE POLITICAL SUBDIVISION TO BE 13,372
YEAR 2000 COMPLIANT, UNLESS THE CLAIMANT PROVES, BY CLEAR AND
CONVINCING EVIDENCE, THAT BOTH OF THE FOLLOWING APPLY: 13,373
(1) THE FAILURE OF THE INFORMATION TECHNOLOGY SYSTEM OR 13,375
PRODUCT TO BE YEAR 2000 COMPLIANT IS THE PROXIMATE CAUSE OF THE 13,377
309
DAMAGES ALLEGED.
(2) THE STATE OR THE POLITICAL SUBDIVISION FAILED TO MAKE 13,380
A GOOD FAITH EFFORT, PRIOR TO JANUARY 1, 2000, TO BECOME YEAR 13,381
2000 COMPLIANT.
(C) AN ACTION FOR DAMAGES AGAINST THE STATE UNDER THIS 13,384
SECTION SHALL BE FILED IN THE COURT OF CLAIMS PURSUANT TO CHAPTER 13,385
2743. OF THE REVISED CODE.
Sec. 2941.51. (A) Counsel appointed to a case or selected 13,394
by an indigent person under division (E) of section 120.16 or 13,395
division (E) of section 120.26 of the Revised Code, or otherwise 13,396
appointed by the court, except for counsel appointed by the court 13,397
to provide legal representation for a person charged with a 13,398
violation of an ordinance of a municipal corporation, shall be 13,399
paid for their services by the county the compensation and 13,400
expenses that the trial court approves. Each request for payment 13,401
shall be accompanied by A FINANCIAL DISCLOSURE FORM AND an 13,402
affidavit of indigency THAT ARE completed by the indigent person 13,404
on forms prescribed by the state public defender. Compensation 13,405
and expenses shall not exceed the amounts fixed by the board of 13,406
county commissioners pursuant to division (B) of this section. 13,407
(B) The board of county commissioners shall establish a 13,409
schedule of fees by case or on an hourly basis to be paid by the 13,410
county for legal services provided by appointed counsel. Prior 13,411
to establishing such schedule, the board shall request the bar 13,412
association or associations of the county to submit a proposed 13,413
schedule. The schedule submitted shall be subject to the review, 13,414
amendment, and approval of the board of county commissioners. 13,415
(C) In a case where counsel have been appointed to conduct 13,417
an appeal under Chapter 120. of the Revised Code, such 13,418
compensation shall be fixed by the court of appeals or the 13,419
supreme court, as provided in divisions (A) and (B) of this 13,420
section. 13,421
(D) The fees and expenses approved by the court under this 13,423
section shall not be taxed as part of the costs and shall be paid 13,424
310
by the county. However, if the person represented has, or 13,425
reasonably may be expected to have, the means to meet some part 13,426
of the cost of the services rendered to the person, the person 13,428
shall pay the county an amount that the person reasonably can be 13,430
expected to pay. Pursuant to section 120.04 of the Revised Code, 13,431
the county shall pay to the state public defender a percentage of 13,433
the payment received from the person in an amount proportionate 13,435
to the percentage of the costs of the person's case that were 13,436
paid to the county by the state public defender pursuant to this 13,437
section. The money paid to the state public defender shall be 13,438
credited to the client payment fund created pursuant to division 13,439
(B)(5) of section 120.04 of the Revised Code. 13,441
(E) The county auditor shall draw a warrant on the county 13,444
treasurer for the payment of such counsel in the amount fixed by 13,445
the court, plus the expenses that the court fixes and certifies 13,446
to the auditor. The county auditor shall report periodically, 13,447
but not less than annually, to the board OF COUNTY COMMISSIONERS 13,448
and to the Ohio public defender commission the amounts paid out 13,449
pursuant to the approval of the court under this section, 13,450
separately stating costs and expenses that are reimbursable under 13,451
section 120.35 of the Revised Code. The board, after review and 13,452
approval of the auditor's report, may then certify it to the 13,453
state public defender for reimbursement. THE REQUEST FOR 13,454
REIMBURSEMENT SHALL BE ACCOMPANIED BY A FINANCIAL DISCLOSURE FORM 13,455
COMPLETED BY EACH INDIGENT PERSON FOR WHOM COUNSEL WAS PROVIDED 13,456
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 13,457
public defender shall review the report and, in accordance with 13,458
the standards, guidelines, and maximums established pursuant to 13,459
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 13,460
pay fifty per cent of the total cost, other than costs and 13,461
expenses that are reimbursable under section 120.35 of the 13,462
Revised Code, if any, of paying appointed counsel in each county 13,463
and pay fifty per cent of costs and expenses that are 13,464
reimbursable under section 120.35 of the Revised Code, if any, to 13,465
311
the board.
(F) If any county system for paying appointed counsel 13,467
fails to maintain the standards for the conduct of the system 13,468
established by the rules of the Ohio public defender commission 13,469
pursuant to divisions (B) and (C) of section 120.03 of the 13,470
Revised Code or the standards established by the state public 13,471
defender pursuant to division (B)(7) of section 102.04 120.04 of 13,473
the Revised Code, the commission shall notify the board of county
commissioners of the county that the county system for paying 13,475
appointed counsel has failed to comply with its rules. Unless 13,476
the board corrects the conduct of its appointed counsel system to 13,477
comply with the rules within ninety days after the date of the 13,478
notice, the state public defender may deny all or part of the 13,480
county's reimbursement from the state provided for in this 13,481
section.
Sec. 2949.17. (A) The sheriff may take one guard for 13,490
every two convicted felons to be transported to a correctional 13,492
institution. The trial judge may authorize a larger number of 13,493
guards upon written application of the sheriff, in which case a 13,494
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, 13,495
and the sheriff shall deliver the order with the convict to the 13,496
person in charge of the correctional institution. In 13,497
(B) IN order to obtain reimbursement for the county for 13,500
the expenses of transportation for indigent convicted felons, the
clerk of the court of common pleas shall prepare a transportation 13,501
cost bill for each indigent convicted felon transported pursuant 13,502
to this section for an amount equal to ten cents a mile from the 13,503
county seat to the state correctional institution and return for 13,504
the sheriff and each of the guards and five cents a mile from the 13,505
county seat to the state correctional institution for each
prisoner. The number of miles shall be computed by the usual 13,506
route of travel. THE CLERK'S DUTIES UNDER THIS DIVISION ARE 13,507
SUBJECT TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE. 13,508
312
Sec. 2949.19. The (A) SUBJECT TO DIVISION (B) OF THIS 13,518
SECTION, THE clerk of the court of common pleas shall report to 13,519
the state public defender all cases in which an indigent person 13,520
was convicted of a felony, all cases in which reimbursement is 13,521
required by section 2949.20 of the Revised Code, and all cost 13,522
bills for transportation that are prepared pursuant to section 13,523
2949.17 of the Revised Code. The reports shall be filed for each 13,524
fiscal quarter within thirty days after the end of the quarter on 13,525
a form prescribed by the state public defender and shall be 13,526
accompanied by a certification of a judge of the court that in 13,527
all cases listed in the report the defendant was determined to be 13,528
indigent and convicted of a felony or that the case is reported 13,529
pursuant to section 2949.20 of the Revised Code and that for each 13,530
transportation cost bill submitted pursuant to section 2949.17 of 13,531
the Revised Code that the convicted felon was determined to be 13,532
indigent. The state public defender shall review the reports 13,533
RECEIVED UNDER THIS DIVISION and prepare a transportation cost 13,534
voucher and a quarterly subsidy voucher for each county for the 13,535
amounts he THE STATE PUBLIC DEFENDER finds to be correct. To 13,537
compute the quarterly subsidy, the state public defender first 13,538
shall subtract the total of all transportation cost vouchers that 13,539
he THE STATE PUBLIC DEFENDER approves for payment for the quarter 13,541
from one-fourth of his THE STATE PUBLIC DEFENDER'S total
appropriation for criminal costs subsidy for the fiscal year of 13,543
which the quarter is part. He THE STATE PUBLIC DEFENDER then 13,544
shall compute a base subsidy amount per case by dividing the 13,546
remainder by the total number of cases from all counties he THE
STATE PUBLIC DEFENDER approves for subsidy for the quarter. The 13,548
quarterly subsidy voucher for each county shall then be the 13,549
product of the base subsidy amount times the number of cases 13,550
submitted by the county and approved for subsidy for the quarter. 13,551
Payment shall be made to the clerk. 13,552
The clerk shall keep a record of all cases submitted for 13,554
the subsidy in which the defendant was bound over to the court of 13,555
313
common pleas from the municipal court. Upon receipt of the 13,556
quarterly subsidy, the clerk shall pay to the clerk of the 13,557
municipal court, for municipal court costs in such cases, an 13,558
amount that does not exceed fifteen dollars per case, shall pay 13,559
foreign sheriffs for their services, and shall deposit the 13,560
remainder of the subsidy to the credit of the general fund of the 13,561
county. The clerk of the court of common pleas then shall stamp 13,562
his THE CLERK'S records "subsidy costs satisfied." 13,563
(B) IF NOTIFIED BY THE STATE PUBLIC DEFENDER UNDER SECTION 13,565
2949.201 OF THE REVISED CODE THAT, FOR A SPECIFIED STATE FISCAL 13,566
YEAR, THE GENERAL ASSEMBLY HAS NOT APPROPRIATED FUNDING FOR 13,567
REIMBURSEMENT PAYMENTS PURSUANT TO DIVISION (A) OF THIS SECTION, 13,568
THE CLERK OF THE COURT OF COMMON PLEAS IS EXEMPT FOR THAT STATE 13,569
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE CLERK BY DIVISION 13,570
(A) OF THIS SECTION AND BY SECTIONS 2949.17 AND 2949.20 OF THE
REVISED CODE. UPON PROVIDING THE NOTICE DESCRIBED IN THIS 13,571
DIVISION, THE STATE PUBLIC DEFENDER IS EXEMPT FOR THAT STATE 13,572
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE STATE PUBLIC 13,573
DEFENDER BY DIVISION (A) OF THIS SECTION. 13,574
Sec. 2949.20. In any case of final judgment of reversal as 13,583
provided in section 2953.07 of the Revised Code, whenever the 13,584
state of Ohio is the appellee, the clerk of the court of common 13,585
pleas of the county in which sentence was imposed shall certify 13,586
the case to the state public defender for reimbursement in the 13,587
report required by section 2949.19 of the Revised Code, SUBJECT 13,588
TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE.
Sec. 2949.201. (A) On or before the first day of February 13,597
of even-numbered years DATE SPECIFIED IN DIVISION (B) OF THIS 13,599
SECTION, IN EACH STATE FISCAL YEAR, the state public defender 13,602
shall report to the speaker and minority leader of the house of 13,604
representatives, the president and minority leader of the senate,
the office of budget and management, and the legislative budget 13,605
office of the legislative service commission an estimate of the 13,607
amount of money that will be required for the next fiscal 13,608
314
biennium to make the NOTIFY THE CLERK OF THE COURT OF COMMON 13,609
PLEAS OF EACH COUNTY WHETHER THE GENERAL ASSEMBLY HAS, OR HAS
NOT, APPROPRIATED FUNDING FOR THAT STATE FISCAL YEAR FOR 13,610
REIMBURSEMENT payments required by PURSUANT TO DIVISION (A) OF 13,611
section 2949.19 of the Revised Code. 13,612
(B) THE STATE PUBLIC DEFENDER SHALL PROVIDE THE 13,614
NOTIFICATION REQUIRED BY DIVISION (A) OF THIS SECTION ON OR 13,615
BEFORE WHICHEVER OF THE FOLLOWING DATES IS APPLICABLE: 13,616
(1) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,618
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,619
FISCAL YEAR IS IN EFFECT, ON OR BEFORE THE THIRTY-FIRST DAY OF 13,620
JULY;
(2) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,622
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,623
FISCAL YEAR IS NOT IN EFFECT, ON OR BEFORE THE DAY THAT IS THIRTY 13,624
DAYS AFTER THE EFFECTIVE DATE OF THE MAIN OPERATING 13,625
APPROPRIATIONS ACT THAT COVERS THAT FISCAL YEAR. 13,626
Sec. 3109.13. As used in sections 3109.13 to 3109.18 of 13,635
the Revised Code, "child abuse and child neglect prevention 13,636
programs" means programs designed to prevent child abuse and 13,637
child neglect, including, but not limited to, any of the 13,638
following: 13,639
(A) Community-based public PUBLIC awareness programs that 13,641
pertain to child abuse or child neglect; 13,643
(B) Community-based educational programs that pertain to 13,645
prenatal care, perinatal bonding, child development, basic child 13,646
care, care of children with special needs, or coping with family 13,647
stress;, FAMILY-FOCUSED SUPPORT SERVICES AND ACTIVITIES THAT DO 13,648
ANY OF THE FOLLOWING: 13,650
(1) BUILD PARENTING SKILLS; 13,652
(2) PROMOTE PARENTAL BEHAVIORS THAT LEAD TO HEALTHY AND 13,654
POSITIVE PERSONAL DEVELOPMENT OF PARENTS AND CHILDREN; 13,655
(3) PROMOTE INDIVIDUAL, FAMILY, AND COMMUNITY STRENGTHS; 13,657
(4) PROVIDE INFORMATION, EDUCATION, OR HEALTH ACTIVITIES 13,659
315
THAT PROMOTE THE WELL-BEING OF FAMILIES AND CHILDREN. 13,660
(C) Community-based programs that relate to care and 13,662
treatment in child abuse or child neglect crisis situations; aid 13,663
to parents who potentially may abuse or neglect their children; 13,664
child abuse or child neglect counseling; support groups for 13,665
parents who potentially may abuse or neglect their children, and 13,666
support groups for their children; or early identification of 13,667
families in which there is a potential for child abuse or child 13,668
neglect; 13,669
(D) Programs that train and place volunteers in programs 13,671
that pertain to child abuse or child neglect; 13,672
(E) Programs that may develop and make available to boards 13,674
of education curricula and educational materials on basic child 13,675
care and parenting skills, or programs that would provide both 13,676
teacher and volunteer training programs. 13,677
Sec. 3109.14. (A) As used in this section, "birth record" 13,686
and "certification of birth" have the meanings given in section 13,687
3705.01 of the Revised Code. 13,688
(B)(1) The director of health, a person authorized by the 13,690
director, a local commissioner of health, or a local registrar of 13,691
vital statistics shall charge and collect for each CERTIFIED copy 13,692
of a birth record and for each certification of birth a fee of 13,693
two dollars, and for each copy of a death record a fee of two 13,694
dollars, in addition to the fee imposed by section 3705.24 or any 13,695
other section of the Revised Code. A local commissioner of 13,696
health or a local registrar of vital statistics may retain an 13,697
amount of each additional fee collected, not to exceed three per 13,700
cent of the amount of the additional fee, to be used for costs 13,701
directly related to the collection of the fee and the forwarding 13,702
of the fee to the treasurer of state.
(2) Upon the filing for a divorce decree under section 13,704
3105.10 or a decree of dissolution under section 3105.65 of the 13,705
Revised Code, a court of common pleas shall charge and collect a 13,706
fee of ten dollars in addition to any other court costs or fees. 13,707
316
The county clerk of courts may retain an amount of each 13,708
additional fee collected, not to exceed three per cent of the 13,710
amount of the additional fee, to be used for costs directly 13,711
related to the collection of the fee and the forwarding of the 13,712
fee to the treasurer of state. 13,713
(C) The additional fees collected, but not retained, under 13,715
this section during each month shall be forwarded not later than 13,716
the twentieth TENTH day of the immediately following month to the 13,717
treasurer of state, who shall deposit the fees in the state 13,719
treasury to the credit of the children's trust fund, which is 13,720
hereby created. A PERSON OR GOVERNMENT ENTITY THAT FAILS TO 13,721
FORWARD THE FEES IN A TIMELY MANNER, AS DETERMINED BY THE 13,722
TREASURER OF STATE, SHALL FORWARD TO THE TREASURER OF STATE, IN 13,723
ADDITION TO THE FEES, A PENALTY EQUAL TO TEN PER CENT OF THE 13,725
FEES.
The treasurer of state shall invest the moneys in the fund, 13,727
and all earnings resulting from investment of the fund shall be 13,728
credited to the fund, except that actual administrative costs 13,729
incurred by the treasurer of state in administering the fund may 13,730
be deducted from the earnings resulting from investments. The 13,731
amount that may be deducted shall not exceed three per cent of 13,732
the total amount of fees credited to the fund in each fiscal 13,733
year, except that the children's trust fund board may approve an 13,734
amount for actual administrative costs exceeding three per cent 13,735
but not exceeding four per cent of such amount. The balance of 13,736
the investment earnings shall be credited to the fund. Moneys 13,737
credited to the fund shall be used only for the purposes 13,738
described in sections 3109.17 and 3109.13 TO 3109.18 of the 13,740
Revised Code.
Sec. 3109.15. There is hereby created within the 13,749
department of human services the children's trust fund board 13,750
consisting of thirteen FIFTEEN members. The director DIRECTORS 13,752
of ALCOHOL AND DRUG ADDICTION SERVICES, health, and the director 13,754
of human services shall be members of the board. Seven EIGHT 13,755
317
public members shall be appointed by the governor. These members 13,756
shall be persons with demonstrated knowledge in programs for 13,757
children, shall be representative of the demographic composition 13,758
of this state, and, to the extent practicable, shall be 13,759
representative of the following categories: the educational 13,760
community; the legal community; the social work community; the 13,761
medical community; the voluntary sector; and professional 13,762
providers of child abuse and child neglect services. Five of 13,763
these members shall be residents of counties where the population 13,764
exceeds four hundred thousand; no more than one such member shall 13,765
be a resident of the same county. Two members of the board shall 13,766
be members of the house of representatives appointed by the 13,767
speaker of the house of representatives and shall be members of 13,768
two different political parties. Two members of the board shall 13,769
be members of the senate appointed by the president of the senate 13,770
and shall be members of two different political parties. All 13,771
members of the board appointed by the speaker of the house of 13,772
representatives or the president of the senate shall serve until 13,773
the expiration of the sessions of the general assembly during 13,774
which they were appointed. They may be reappointed to an 13,775
unlimited number of successive terms of two years at the pleasure 13,776
of the speaker of the house of representatives or president of 13,777
the senate. Of the public members first appointed, three shall 13,778
serve for terms of four years; two shall serve for terms of three 13,779
years; and two shall serve for terms of two years. Thereafter, 13,780
public PUBLIC members shall serve terms of three years. Each 13,781
member shall serve until his THE MEMBER'S successor is appointed. 13,783
No public member may serve more than two consecutive terms, 13,785
regardless of whether such terms were full or partial terms. All 13,786
vacancies on the board shall be filled for the balance of the 13,787
unexpired term in the same manner as the original appointment. 13,788
Any public member of the board may be removed by the 13,790
governor MEMBER'S APPOINTING AUTHORITY for misconduct, 13,791
incompetency, or neglect of duty after first being given the 13,793
318
opportunity to be heard in his THE MEMBER'S own behalf. PURSUANT 13,795
TO SECTION 3.17 OF THE REVISED CODE, A MEMBER, EXCEPT A MEMBER OF 13,796
THE GENERAL ASSEMBLY OR A JUDGE OF ANY COURT IN THE STATE, WHO 13,797
FAILS TO ATTEND AT LEAST THREE-FIFTHS OF THE REGULAR AND SPECIAL 13,798
MEETINGS HELD BY THE BOARD DURING ANY TWO-YEAR PERIOD FORFEITS 13,799
THE MEMBER'S POSITION ON THE BOARD. 13,800
Each member of the board shall serve without compensation 13,802
but shall be reimbursed for all actual and necessary expenses 13,803
incurred by him in the performace PERFORMANCE of his official 13,805
duties. 13,806
The speaker of the house of representatives and the 13,808
president of the senate shall jointly appoint the board chairman 13,809
CHAIRPERSON from among the legislative members of the board. 13,811
Sec. 3109.16. The children's trust fund board, upon the 13,820
recommendation of the director of human services, shall approve 13,821
the employment of the staff that will administer the programs of 13,822
the board. The department of human services shall provide 13,823
budgetary, procurement, accounting, and other related management 13,824
functions for the board. An amount not to exceed three FIVE per 13,825
cent of the total amount of fees deposited in the children's 13,827
trust fund in each fiscal year may be used for costs directly 13,828
related to these administrative functions of the department. 13,829
With the approval of the board, an amount exceeding three per 13,830
cent, but not exceeding four per cent, of the total amount of 13,831
fees credited to the fund in each EACH fiscal year may be used, 13,832
THE BOARD SHALL APPROVE A BUDGET for costs directly related to 13,834
these administrative functions EXPENDITURES FOR THE NEXT FISCAL 13,835
YEAR.
The board shall meet at the call of the chairman 13,837
CHAIRPERSON to conduct its official business. All business 13,839
transactions of the board shall be conducted in public meetings. 13,840
The votes of at least seven board EIGHT members are OF THE BOARD 13,842
CONSTITUTE A QUORUM. A MAJORITY OF THE QUORUM IS required to 13,843
approve the state plan for the allocation of funds from the 13,844
319
children's trust fund.
The board may apply for and accept federal AND OTHER funds 13,846
for the purposes PURPOSE of sections 3109.13 to 3109.18 of the 13,847
Revised Code FUNDING CHILD ABUSE AND CHILD NEGLECT PREVENTION 13,848
PROGRAMS. In addition, the board may accept gifts and donations 13,850
from any source, including individuals, philanthropic foundations 13,853
or organizations, corporations, or corporation endowments. The
acceptance and use of federal funds shall not entail any 13,855
commitment or pledge of state funds, nor obligate the general 13,856
assembly to continue the programs or activities for which the 13,857
federal funds are made available. All funds received in the 13,858
manner described in this section shall be transmitted to the 13,859
treasurer of state, who shall credit them to the children's trust 13,860
fund created in section 3109.14 of the Revised Code. 13,861
Sec. 3109.17. (A) For each fiscal biennium beginning on 13,871
the first day of July of each odd-numbered year, the children's 13,872
trust fund board shall establish a biennial state plan for the 13,873
allocation of funds in the children's trust fund. The plan shall 13,875
ensure that equal opportunity exists for the establishment of 13,876
child abuse and child neglect prevention programs and the use of 13,877
moneys from the fund to provide assistance in all geographic 13,878
areas of this state and to provide assistance to members of all 13,879
social and economic groups of this state COMPREHENSIVE CHILD 13,880
ABUSE AND CHILD NEGLECT PREVENTION. The plan shall be 13,881
transmitted to the governor, the president AND MINORITY LEADER of 13,882
the senate, and the speaker AND MINORITY LEADER of the house of 13,884
representatives and shall be made available to the general 13,885
public.
(B) In developing and carrying out a THE STATE plan, the 13,887
children's trust fund board shall, in accordance with Chapter 13,889
119. of the Revised Code, do all of the following: 13,890
(1) ENSURE THAT AN OPPORTUNITY EXISTS FOR ASSISTANCE 13,893
THROUGH CHILD ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS TO 13,894
PERSONS THROUGHOUT THE STATE OF VARIOUS SOCIAL AND ECONOMIC 13,895
320
BACKGROUNDS;
(2) BEFORE THE THIRTIETH DAY OF OCTOBER OF EACH YEAR, 13,898
NOTIFY EACH CHILD ABUSE AND CHILD NEGLECT PREVENTION ADVISORY 13,899
BOARD OF THE AMOUNT ESTIMATED TO BE BLOCK GRANTED TO THAT 13,900
ADVISORY BOARD FOR THE FOLLOWING FISCAL YEAR. 13,901
(3) Develop and adopt the state plan for the allocation of 13,904
funds and develop criteria, including standards for cost and 13,905
program effectiveness, for county or district COMPREHENSIVE 13,906
allocation plans and for individual projects in counties or 13,907
districts that do not have a child abuse and child neglect 13,908
advisory board, INCLUDING CRITERIA FOR DETERMINING THE PLANS' 13,909
EFFECTIVENESS;
(2) Establish criteria, including standards for cost and 13,911
program effectiveness, for child abuse and child neglect 13,912
prevention programs; 13,913
(3) Make grants to public or private agencies or schools 13,915
for the purpose of child abuse and child neglect prevention 13,916
programs. The board may consider factors such as need, 13,917
geographic location, diversity, coordination with or improvement 13,918
of existing services, maintenance of local funding efforts, and 13,919
extensive use of volunteers. Children's trust fund moneys shall 13,920
be allocated among all counties according to a formula based on 13,921
the ratio of the number of children under the age of eighteen in 13,922
the county to the number of children under the age of eighteen in 13,923
the state, as shown in the most recent federal decennial census 13,924
of population; provided, that each county receiving trust fund 13,925
moneys shall receive a minimum of ten thousand dollars per 13,926
funding year. 13,927
(4) Approve each REVIEW county or district COMPREHENSIVE 13,930
allocation plan and individual project in whole or in part if it 13,931
is in compliance with the criteria established under this section 13,932
and under section 3109.18 of the Revised Code. If an allocation 13,933
plan or individual project is rejected in whole or in part, the 13,934
board shall: 13,935
321
(a) Cite specific reasons for rejection; 13,937
(b) When appropriate, offer recommendations and technical 13,939
assistance to bring the plan or project into compliance, holding 13,940
the funds until the plan or project is finally approved or 13,943
rejected.
(5) Notify each advisory board or individual applicant in 13,946
writing whether the allocation plan or individual project has 13,948
been approved in whole or in part not later than sixty days after 13,949
submission of the plan or project to the children's trust fund 13,950
board PLANS; 13,951
(6) Regularly review and monitor the expenditure of moneys 13,953
(5) MAKE A BLOCK GRANT TO EACH CHILD ABUSE AND CHILD 13,955
NEGLECT PREVENTION ADVISORY BOARD FOR THE PURPOSE OF FUNDING 13,956
CHILD ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS. THE BLOCK 13,957
GRANTS SHALL BE ALLOCATED AMONG ADVISORY BOARDS ACCORDING TO A 13,958
FORMULA BASED ON THE RATIO OF THE NUMBER OF CHILDREN UNDER AGE 13,959
EIGHTEEN IN THE COUNTY OR MULTICOUNTY DISTRICT TO THE NUMBER OF 13,960
CHILDREN UNDER AGE EIGHTEEN IN THE STATE, AS SHOWN IN THE MOST 13,961
RECENT FEDERAL DECENNIAL CENSUS OF POPULATION. SUBJECT TO THE 13,962
AVAILABILITY OF FUNDS, EACH ADVISORY BOARD SHALL RECEIVE A 13,963
MINIMUM OF TEN THOUSAND DOLLARS PER FISCAL YEAR. IN THE CASE OF 13,964
AN ADVISORY BOARD THAT SERVES A MULTICOUNTY DISTRICT, THE 13,965
ADVISORY BOARD SHALL RECEIVE, SUBJECT TO AVAILABLE FUNDS, A 13,966
MINIMUM OF TEN THOUSAND DOLLARS PER FISCAL YEAR FOR EACH COUNTY 13,967
IN THE DISTRICT. BLOCK GRANTS SHALL BE DISBURSED TO THE ADVISORY 13,968
BOARDS TWICE ANNUALLY. AT LEAST FIFTY PER CENT OF THE AMOUNT OF 13,969
THE BLOCK GRANT ALLOCATED TO AN ADVISORY BOARD FOR A FISCAL YEAR 13,970
SHALL BE DISBURSED TO THE ADVISORY BOARD NOT LATER THAN THE 13,971
THIRTIETH DAY OF SEPTEMBER. THE REMAINDER OF THE BLOCK GRANT 13,972
ALLOCATED TO THE ADVISORY BOARD FOR THAT FISCAL YEAR SHALL BE 13,973
DISBURSED BEFORE THE THIRTY-FIRST DAY OF MARCH. 13,974
IF THE CHILDREN'S TRUST FUND BOARD DETERMINES, BASED ON 13,976
COUNTY OR DISTRICT PERFORMANCE OR ON THE ANNUAL REPORT SUBMITTED 13,977
BY AN ADVISORY BOARD, THAT THE ADVISORY BOARD IS NOT OPERATING IN 13,978
322
ACCORDANCE WITH THE CRITERIA ESTABLISHED IN DIVISION (B)(3) OF 13,979
THIS SECTION, IT MAY REVISE THE ALLOCATION OF FUNDS THAT THE 13,980
ADVISORY BOARD RECEIVES.
(6) PROVIDE FOR THE MONITORING OF EXPENDITURES from the 13,984
children's trust fund AND OF PROGRAMS THAT RECEIVE MONEY FROM THE
CHILDREN'S TRUST FUND; 13,985
(7) Consult ESTABLISH REPORTING REQUIREMENTS FOR ADVISORY 13,988
BOARDS;
(8) COLLABORATE with appropriate state agencies to help 13,990
determine the probable effectiveness and fiscal soundness of and 13,991
need for proposed community-based child abuse and child neglect 13,992
prevention programs; 13,993
(8) Facilitate PERSONS AND GOVERNMENT ENTITIES AND 13,995
FACILITATE the exchange of information between groups concerned 13,997
with programs for children in this state AMONG THOSE PERSONS AND 13,998
ENTITIES FOR THE PURPOSE OF CHILD ABUSE AND CHILD NEGLECT
PREVENTION;
(9) Provide for statewide educational and THE EDUCATION OF 14,001
THE public informational conferences and workshops PROFESSIONALS 14,002
for the purpose of developing appropriate public awareness 14,004
regarding the problems of families and children, encouraging 14,005
professional persons and groups to recognize and deal with 14,006
problems of families and children, making information regarding 14,007
the problems of families and children and the prevention of these 14,008
problems available to the general public in order to encourage 14,009
citizens to become involved in the prevention of such problems, 14,010
and encouraging the development of community CHILD ABUSE AND 14,011
CHILD NEGLECT prevention programs; 14,012
(10) Establish a procedure for a written annual internal 14,014
evaluation of the functions, responsibilities, and performance of 14,015
the board. The evaluation shall be coordinated with the state 14,018
plan. The evaluation shall be transmitted to the governor, the 14,019
president of the senate, and the speaker of the house of 14,020
representatives and shall be made available to the general 14,022
323
public.
(C) THE CHILDREN'S TRUST FUND BOARD SHALL PREPARE A REPORT 14,024
FOR EACH FISCAL BIENNIUM THAT EVALUATES THE EXPENDITURE OF MONEY 14,025
FROM THE CHILDREN'S TRUST FUND. ON OR BEFORE JANUARY 1, 2002, 14,026
AND ON OR BEFORE THE FIRST DAY OF JANUARY OF A YEAR THAT FOLLOWS 14,028
THE END OF A FISCAL BIENNIUM OF THIS STATE, THE BOARD SHALL FILE 14,029
A COPY OF THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND 14,030
MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND MINORITY 14,031
LEADER OF THE HOUSE OF REPRESENTATIVES.
(D) IN ADDITION TO THE DUTIES DESCRIBED IN THIS SECTION 14,033
AND IN SECTION 3109.16 OF THE REVISED CODE, THE CHILDREN'S TRUST 14,035
FUND BOARD SHALL PERFORM THE DUTIES DESCRIBED IN SECTION 121.371 14,036
OF THE REVISED CODE WITH REGARD TO THE WELLNESS BLOCK GRANT 14,037
PROGRAM. 14,038
Sec. 3109.18. (A) Each (1) A board of county 14,047
commissioners in the following counties shall establish a child 14,048
abuse and child neglect advisory board: Cuyahoga, Franklin, 14,049
Hamilton, Lucas, Montgomery, and Summit. The boards of county 14,052
commissioners of the remaining counties may establish a child 14,053
abuse and child neglect PREVENTION advisory board or the MAY 14,054
DESIGNATE THE COUNTY FAMILY AND CHILDREN FIRST COUNCIL TO SERVE 14,056
AS THE CHILD ABUSE AND CHILD NEGLECT PREVENTION ADVISORY BOARD. 14,057
THE boards of county commissioners of two or more contiguous 14,058
counties may INSTEAD form a multicounty district to be served by 14,059
a multicounty child abuse and child neglect PREVENTION advisory 14,060
board OR MAY DESIGNATE A REGIONAL FAMILY AND CHILDREN FIRST 14,061
COUNCIL TO SERVE AS THE DISTRICT CHILD ABUSE AND CHILD NEGLECT 14,062
PREVENTION ADVISORY BOARD. EACH ADVISORY BOARD SHALL MEET AT 14,063
LEAST TWICE A YEAR.
Each 14,065
(2) THE COUNTY AUDITOR IS HEREBY DESIGNATED AS THE AUDITOR 14,067
AND FISCAL OFFICER OF THE ADVISORY BOARD. IN THE CASE OF A 14,068
MULTICOUNTY DISTRICT, THE BOARDS OF COUNTY COMMISSIONERS THAT 14,069
FORMED THE DISTRICT SHALL DESIGNATE THE AUDITOR OF ONE OF THE 14,070
324
COUNTIES AS THE AUDITOR AND FISCAL OFFICER OF THE ADVISORY BOARD. 14,071
(B) EACH COUNTY THAT ESTABLISHES AN ADVISORY BOARD OR, IN 14,073
A MULTICOUNTY DISTRICT, THE COUNTY THE AUDITOR OF WHICH HAS BEEN 14,074
DESIGNATED AS THE AUDITOR AND FISCAL AGENT OF THE ADVISORY BOARD, 14,076
SHALL ESTABLISH A FUND IN THE COUNTY TREASURY KNOWN AS THE COUNTY 14,077
OR DISTRICT CHILDREN'S TRUST FUND. THE ADVISORY BOARD SHALL 14,078
DEPOSIT ALL FUNDS RECEIVED FROM THE CHILDREN'S TRUST FUND BOARD 14,079
INTO THAT FUND, AND THE AUDITOR SHALL DISTRIBUTE MONEY FROM THE 14,080
FUND AT THE REQUEST OF THE ADVISORY BOARD. 14,081
(C) EACH JANUARY, THE BOARD OF COUNTY COMMISSIONERS OF A 14,083
COUNTY THAT HAS ESTABLISHED AN ADVISORY BOARD OR, IN A 14,084
MULTICOUNTY DISTRICT, THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY THE AUDITOR OF WHICH HAS BEEN DESIGNATED AS THE AUDITOR 14,085
AND FISCAL AGENT FOR THE ADVISORY BOARD, SHALL APPROPRIATE THE 14,086
AMOUNT DESCRIBED IN DIVISION (B)(2) OF SECTION 3109.17 OF THE 14,087
REVISED CODE FOR DISTRIBUTION BY THE ADVISORY BOARD TO CHILD 14,089
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS. 14,090
(D)(1) EXCEPT IN THE CASE OF A COUNTY OR REGIONAL FAMILY 14,093
AND CHILDREN FIRST COUNCIL THAT IS DESIGNATED TO SERVE AS A child 14,095
abuse and child neglect PREVENTION advisory board, EACH ADVISORY 14,096
BOARD shall consist of an odd number of members who represent 14,098
FROM both THE public and private child serving agencies SECTORS, 14,100
and INCLUDING ALL OF THE FOLLOWING: 14,101
(a) A REPRESENTATIVE OF AN AGENCY RESPONSIBLE FOR THE 14,103
ADMINISTRATION OF CHILDREN'S SERVICES IN THE COUNTY OR DISTRICT; 14,104
(b) A PROVIDER OF ALCOHOL OR DRUG ADDICTION SERVICES OR A 14,106
REPRESENTATIVE OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 14,107
HEALTH SERVICES THAT SERVES THE COUNTY OR DISTRICT; 14,109
(c) A PROVIDER OF MENTAL HEALTH SERVICES OR A 14,111
REPRESENTATIVE OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 14,112
HEALTH SERVICES THAT SERVES THE COUNTY OR DISTRICT; 14,113
(d) A REPRESENTATIVE OF A BOARD OF MENTAL RETARDATION AND 14,115
DEVELOPMENTAL DISABILITIES THAT SERVES THE COUNTY OR DISTRICT; 14,116
(e) A REPRESENTATIVE OF THE EDUCATIONAL COMMUNITY 14,118
325
APPOINTED BY THE SUPERINTENDENT OF THE SCHOOL DISTRICT WITH 14,119
LARGEST ENROLLMENT IN THE COUNTY OR MULTICOUNTY DISTRICT. 14,120
(2) THE FOLLOWING GROUPS AND ENTITIES MAY BE REPRESENTED 14,122
ON THE ADVISORY BOARD: 14,123
(a) PARENT GROUPS; 14,125
(b) JUVENILE JUSTICE OFFICIALS; 14,127
(c) PEDIATRICIANS, HEALTH DEPARTMENT NURSES, AND OTHER 14,129
REPRESENTATIVES OF THE MEDICAL COMMUNITY; 14,130
(d) SCHOOL PERSONNEL; 14,132
(e) COUNSELORS; 14,134
(f) HEAD START AGENCIES; 14,136
(g) CHILD DAY-CARE PROVIDERS; 14,138
(h) OTHER persons with demonstrated knowledge in programs 14,142
for children, such as persons from the educational community, 14,143
parent groups, juvenile justice, and the medical community. 14,144
(3) Of the members first appointed, at least one shall 14,147
serve for a term of three years, at least one for a term of two 14,148
years, and at least one for a term of one year. Thereafter, each 14,149
member shall serve a term of three years. Each member shall
serve until his THE MEMBER'S successor is appointed. All 14,150
vacancies on the board shall be filled for the balance of the 14,152
unexpired term in the same manner as the original appointment. 14,153
Each board shall meet at least quarterly. 14,154
(E) Each board of county commissioners may incur 14,156
reasonable costs not to exceed three per cent of the funding 14,157
BLOCK GRANT allocated to the county or district under section 14,159
3109.17 of the Revised Code, for the purpose of carrying out the 14,160
functions of the advisory board. 14,161
(B) Annually, each (F) EACH child abuse and child neglect 14,164
PREVENTION advisory board shall DO ALL OF THE FOLLOWING:
(1) Give effective public notice to all DEVELOP A 14,166
COMPREHENSIVE ALLOCATION PLAN FOR THE PURPOSE OF PREVENTING CHILD 14,167
ABUSE AND CHILD NEGLECT AND SUBMIT THE PLAN TO THE CHILDREN'S 14,169
TRUST FUND BOARD;
326
(2) NOTIFY potential applicants about the availability of 14,172
funds from the children's trust fund. The notification shall 14,173
include an estimate of the amount of money available for grants 14,174
within each county or district, the date of at least one public 14,175
hearing, the deadline for submitting applications for grants, and 14,176
information on obtaining a copy of the application form; 14,177
(2)(3) Review all applications received using criteria 14,179
established by the children's trust fund board under section 14,180
3109.17 of the Revised Code and any criteria developed by the 14,181
child abuse and child neglect PREVENTION advisory board, and 14,182
develop an allocation plan for the county or district; 14,183
(3) Submit the allocation plan to the children's trust 14,185
fund board, with evidence of compliance with this section and 14,186
with section 3109.17 of the Revised Code; 14,187
(4) Upon notification by the children's trust fund board 14,189
that the allocation plan is in compliance with the criteria 14,190
established by the boards, monitor the operation of the 14,191
allocation plan; CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO 14,192
DIVISION (F)(1) OF THIS SECTION, MAKE GRANTS TO CHILD ABUSE AND 14,193
CHILD NEGLECT PREVENTION PROGRAMS. IN MAKING GRANTS TO CHILD 14,195
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS, THE ADVISORY BOARD 14,196
MAY CONSIDER FACTORS SUCH AS NEED, GEOGRAPHIC LOCATION, 14,197
DIVERSITY, COORDINATION WITH OR IMPROVEMENT OF EXISTING SERVICES, 14,198
MAINTENANCE OF LOCAL FUNDING EFFORTS, AND EXTENSIVE USE OF 14,199
VOLUNTEERS.
(5) Establish procedures for evaluating programs in the 14,201
county or district, including reporting requirements for grant 14,202
recipients. 14,203
Applicants from counties that are not served by a child 14,205
abuse and child neglect (G) EACH advisory board shall apply for 14,207
funding to ASSIST THE CHILDREN'S TRUST FUND BOARD IN MONITORING 14,209
PROGRAMS THAT RECEIVE MONEY FROM THE CHILDREN'S TRUST FUND AND 14,210
SHALL PERFORM SUCH OTHER DUTIES FOR THE LOCAL ADMINISTRATION OF 14,211
THE CHILDREN'S TRUST FUND AS the children's trust fund board 14,213
327
REQUIRES.
(C)(H) A recipient of a grant from the children's trust 14,215
fund shall use the grant funds only to fund child abuse and child 14,216
neglect prevention programs. A recipient of a grant may use the 14,217
grant funds only for the expansion of existing programs or the 14,218
creation of new programs. ANY 14,219
Any grant funds that are not spent by the counties or the 14,221
recipient of the funds within the time specified by the terms of 14,222
the grant shall be returned to the COUNTY TREASURER. ANY GRANT 14,224
FUNDS RETURNED THAT ARE NOT REDISTRIBUTED BY THE ADVISORY BOARD 14,225
WITHIN THE TIME SPECIFIED BY THE TERMS OF THE ORIGINAL GRANT 14,226
SHALL BE RETURNED TO THE treasurer of state. The treasurer of 14,228
state shall deposit such unspent moneys into the children's trust 14,229
fund to be spent for purposes consistent with the state plan 14,230
adopted under section 3109.17 of the Revised Code.
(D)(I) Applications for grants from the children's trust 14,232
fund shall be MADE TO THE ADVISORY BOARD on forms prescribed by 14,233
the department of human services and, after any review required 14,235
by division (B) of this section, shall be submitted to the 14,236
children's trust fund board by the date required in the schedule 14,237
established by rules adopted by the board. Each application 14,238
shall include at least the following:
(1) Information showing that the applicant meets the 14,240
eligibility requirements of section 3109.17 of the Revised Code; 14,241
(2) If the applicant is a corporation, a list of the 14,243
trustees of the corporation; 14,244
(3) A specification of the amount of money requested; 14,246
(4) A summary of the program that the applicant intends to 14,248
provide with funds from the grant; 14,249
(5) Any other information required by rules adopted by the 14,251
children's trust fund board. 14,252
(J)(1) Each recipient of a CHILDREN'S TRUST FUND grant 14,254
from the children's trust fund AN ADVISORY BOARD shall file two 14,256
copies WITH THE ADVISORY BOARD A COPY of an annual report with 14,257
328
the county or district THAT INCLUDES THE INFORMATION REQUIRED BY 14,258
THE advisory board. If no such 14,259
(2) EACH ADVISORY board serves the recipient's county of 14,262
residence, the recipient shall file two copies of an annual 14,263
report with the children's trust fund board. The A COPY OF AN 14,264
annual report shall describe the program provided by the 14,265
recipient, indicate the manner in which the grant funds were 14,266
expended, include the results of an independent audit of the 14,267
funds, and include other REGARDING THE COUNTY OR DISTRICT 14,268
COMPREHENSIVE ALLOCATION PLAN THAT CONTAINS THE information that 14,270
REQUIRED BY the granting CHILDREN'S TRUST FUND board or the 14,271
department may require. If a public agency is a recipient of a 14,272
grant, the results of the most recent audit of the funds 14,273
conducted under Chapter 117. of the Revised Code shall be 14,274
considered to be the results of the independent audit of the 14,275
funds that must be included in the annual report. The granting 14,276
boards shall annually file one copy of each annual report with 14,277
the department, which shall compile the reports received pursuant 14,278
to this section. 14,279
Sec. 3301.68. There is hereby created the legislative 14,288
committee on education oversight AS A SUBCOMMITTEE OF THE 14,289
LEGISLATIVE SERVICE COMMISSION. The committee shall consist of 14,290
five members of the house of representatives appointed by the 14,291
speaker of the house of representatives and five members of the 14,292
senate appointed by the president of the senate. Not more than 14,293
three of the members appointed from each house shall be members 14,294
of the same political party. Members shall serve during the term 14,295
of office to which they were elected. 14,296
The committee, SUBJECT TO THE OVERSIGHT AND DIRECTION OF 14,298
THE LEGISLATIVE SERVICE COMMISSION, shall direct the work of the 14,299
legislative office of education oversight, which is hereby 14,301
established. The committee may employ a staff director and such 14,302
other staff as are necessary for the operation of the office, who 14,303
shall be in the unclassified service of the state, and may 14,304
329
contract for the services of whatever technical advisors are 14,305
necessary for the committee and the office to carry out their 14,306
duties.
The chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON 14,309
of the legislative service commission shall fix the compensation 14,310
of the director. The director, with the approval of the director 14,311
of the legislative service commission, shall fix the compensation 14,312
of other staff of the office in accordance with a salary schedule 14,313
established by the director of the legislative service 14,314
commission. Contracts for the services of necessary technical 14,315
advisors shall be approved by the director of the legislative 14,316
service commission.
All expenses incurred by the committee or office shall be 14,318
paid upon vouchers approved by the chairman CHAIRPERSON of the 14,319
committee. The committee shall adopt rules for the conduct of 14,320
its business and the election of officers, except that the 14,321
chairmanship OFFICE OF CHAIRPERSON of the committee shall 14,322
alternate each general assembly between a member of the house of 14,323
representatives selected by the speaker and a member of the 14,324
senate selected by the president.
The committee shall select, for the office to review and 14,326
evaluate, education and school-related programs that receive 14,327
state financial assistance in any form. The reviews and 14,328
evaluations may include any of the following: 14,329
(A) Assessment of the uses school districts and 14,331
institutions of higher education make of state money they receive 14,332
and determination of the extent to which such money improves 14,333
school district or institutional performance in the areas for 14,334
which the money was intended to be used; 14,335
(B) Determination of whether an education program meets 14,337
its intended goals, has adequate operating or administrative 14,338
procedures and fiscal controls, encompasses only authorized 14,339
activities, has any undesirable or unintended effects, and is 14,340
efficiently managed; 14,341
330
(C) Examination of various pilot programs developed and 14,343
initiated in school districts and at state-assisted colleges and 14,344
universities to determine whether such programs suggest 14,345
innovative, effective ways to deal with problems that may exist 14,346
in other school districts or state-assisted colleges or 14,347
universities, and to assess the fiscal costs and likely impact of 14,348
adopting such programs throughout the state or in other 14,349
state-assisted colleges and universities. 14,350
The committee shall report the results of each program 14,352
review the office conducts to the general assembly. 14,353
Sec. 3701.261 3335.60. (A) The director of health ARTHUR 14,363
G. JAMES CANCER HOSPITAL AND RESEARCH INSTITUTE OF THE OHIO STATE 14,364
UNIVERSITY shall:
(1) Establish a population-based cancer registry, which 14,366
shall be known as the Ohio cancer incidence surveillance system, 14,368
to monitor the incidence of various types of malignant diseases 14,369
in Ohio, make appropriate epidemiologic studies to determine any 14,370
causal relations of such diseases with occupational, nutritional, 14,371
environmental, or infectious conditions, and alleviate or 14,372
eliminate any such conditions; 14,373
(2) Advise, consult, cooperate with, and assist, by 14,375
contract or otherwise, agencies of the state and federal 14,377
government, agencies of the governments of other states, agencies 14,378
of political subdivisions of this state, universities, private 14,379
organizations, corporations, and associations for the purposes of
division (A)(1) of this section; 14,380
(3) Accept and administer grants from the federal 14,382
government or other sources, public or private, for carrying out 14,384
any of the functions enumerated in divisions (A)(1) and (2) of 14,385
this section.
(B) The Ohio cancer incidence surveillance system shall 14,387
follow a model of cancer data collection as set forth by the 14,388
survey epidemiology and end results system (SEERS). 14,389
Sec. 3701.262 3335.61. (A) As used in this section and 14,398
331
section 3701.263 of the Revised Code: 14,400
(1) "Physician" means a person who holds a valid 14,402
certificate issued under Chapter 4731. of the Revised Code 14,403
authorizing him THE PERSON to practice medicine or surgery or 14,404
osteopathic medicine and surgery. 14,405
(2) "Dentist" means a person who is licensed under section 14,407
4715.12 or 4715.15 of the Revised Code to practice dentistry. 14,408
(3) "Hospital" has the same meaning as in section 3727.01 14,410
of the Revised Code. 14,411
(4) "Cancer" includes those diseases specified by rule of 14,413
the director of health under division (B)(2) of this section. 14,414
(B) The director of health ARTHUR G. JAMES CANCER HOSPITAL 14,417
AND RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall adopt 14,418
rules in accordance with Chapter 119. of the Revised Code to do 14,419
all of the following:
(1) Establish the Ohio cancer incidence surveillance 14,421
system required by section 3701.261 3335.60 of the Revised Code; 14,423
(2) Specify the types of cancer and other tumorous and 14,425
precancerous diseases to be reported to the department of health 14,426
under division (D) of this section; 14,427
(3) Establish reporting requirements for information 14,429
concerning diagnosed cancer cases as he THE CANCER HOSPITAL 14,430
considers necessary to conduct epidemiologic surveys of cancer in 14,432
this state;
(4) Establish standards that must be met by research 14,434
projects to be eligible to receive information from the 14,435
department of health under division (B) of section 3701.263 14,436
3335.62 of the Revised Code. 14,438
(C) The department of health CANCER HOSPITAL shall record 14,440
in the registry all reports of cancer received by it. In the 14,442
development and administration of the cancer registry, the 14,443
department CANCER HOSPITAL may use information compiled by public 14,445
or private cancer registries and may contract for the collection 14,446
and analysis of, and research related to, the information 14,447
332
recorded under this section.
(D) Each physician, dentist, hospital, or person providing 14,449
diagnostic or treatment services to patients with cancer shall 14,450
report each case of cancer to the department CANCER HOSPITAL. 14,451
Any person required to report pursuant to this section may elect 14,453
to report to the department CANCER HOSPITAL through an existing 14,454
cancer registry if the registry meets the reporting standards 14,456
established by the director and reports to the department CANCER 14,457
HOSPITAL.
(E) All physicians, dentists, hospitals, or persons 14,459
providing diagnostic or treatment services to patients with 14,460
cancer shall grant to the deparment CANCER HOSPITAL or its 14,461
authorized representative access to all records that identify 14,463
cases of cancer or establish characteristics of cancer, the 14,464
treatment of cancer, or the medical status of any identified 14,465
cancer patient.
(F) Within one year after the effective date of this 14,467
section, the department THE CANCER HOSPITAL shall evaluate the 14,469
cancer reports collected pursuant to this section. The
department CANCER HOSPITAL shall publish and make available to 14,470
the public reports summarizing the information collected. The 14,472
first summary report shall be published not later than ninety 14,473
days after the end of the first full calendar year ending after 14,474
the effective date of this section AMENDMENT. Subsequent annual 14,476
summary reports shall be made on a calendar year basis and 14,478
published not later than ninety days after the end of each 14,479
calendar year.
(G) Furnishing information, including records, reports, 14,481
statements, notes, memoranda, or other information, to the 14,482
department of health CANCER HOSPITAL, either voluntarily or as 14,483
required by this section, or to a person or governmental entity 14,485
designated as a medical research project by the department CANCER 14,486
HOSPITAL, does not subject a physician, dentist, hospital, or 14,488
person providing diagnostic or treatment services to patients 14,489
333
with cancer to liability in an action for damages or other relief 14,490
for furnishing the information. 14,491
(H) This section does not affect the authority of any 14,493
person or facility providing diagnostic or treatment services to 14,494
patients with cancer to maintain facility-based tumor registries, 14,495
in addition to complying with the reporting requirements of this 14,496
section. 14,497
(I) No person shall fail to make the cancer reports 14,499
required by division (D) of this section. 14,500
Sec. 3701.263 3335.62. (A) Any information, data, and 14,509
reports with respect to a case of malignant disease which are 14,511
furnished to, or procured by, any cancer registry in this state 14,512
or the department of health ARTHUR G. JAMES CANCER HOSPITAL AND 14,514
RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall be 14,515
confidential and shall be used only for statistical, scientific, 14,516
and medical research for the purpose of reducing the morbidity or 14,517
mortality of malignant disease. No physician, dentist, person, 14,518
or hospital furnishing such information, data, or report to any 14,519
such cancer registry or the department of health CANCER HOSPITAL, 14,520
with respect to a case of malignant disease treated or examined 14,522
by such physician, dentist, or person, or confined in such 14,523
hospital, shall by reason of such furnishing be deemed to have 14,524
violated any confidential relationship, or be held liable in 14,525
damages to any person, or be held to answer for willful betrayal 14,526
of a professional confidence within the meaning and intent of 14,527
section 4731.22 of the Revised Code.
(B) The department of health CANCER HOSPITAL shall 14,529
prescribe a release of confidential information form for use 14,531
under this division.
Information concerning individual cancer patients obtained 14,533
by the department of health CANCER HOSPITAL for the Ohio cancer 14,534
incidence surveillance system is for the confidential use of the 14,536
department SURVEILLANCE SYSTEM only, except as follows: 14,538
(1) The department CANCER HOSPITAL shall grant to a person 14,540
334
involved in a medical research project that meets the standards 14,542
established by the director of health CANCER HOSPITAL under 14,543
section 3701.262 3335.61 of the Revised Code access to 14,545
confidential information concerning individual cancer patients if 14,546
all of the following conditions are met:
(a) The person conducting the research provides written 14,548
information about the purpose of the research project, the nature 14,549
of the data to be collected and how the researcher intends to 14,550
analyze it, the records the researcher seeks to review, and the 14,551
safeguards the researcher will take to protect the identity of 14,552
patients whose records the researcher will be reviewing. 14,553
(b) In the view of the director of health CANCER HOSPITAL, 14,555
the proposed safeguards are adequate to protect the identity of 14,557
each patient whose records will be reviewed. 14,558
(c) An agreement is executed between the department CANCER 14,560
HOSPITAL and the researcher that specifies the terms of the 14,562
researcher's use of the records and prohibits the publication or 14,563
release of the names of individual cancer patients or any facts 14,564
tending to lead to the identification of individual cancer 14,565
patients.
(2) Notwithstanding division (B)(1) of this section, a 14,567
researcher may, with the approval of the department CANCER 14,568
HOSPITAL, use the names of individual cancer patients when 14,570
requesting additional information for research purposes or 14,571
soliciting a patient's participation in a research project. If a 14,572
researcher requests additional information or a cancer patient's 14,573
participation in a research project, the researcher shall first 14,574
obtain the oral or written consent of the patient's attending 14,575
physician. If the consent of the patient's attending physician 14,576
is obtained, the researcher shall obtain the patient's written 14,577
consent by having the patient complete a release of confidential 14,578
information form.
(3) The department CANCER HOSPITAL may release 14,580
confidential information concerning individual cancer patients to 14,582
335
physicians for diagnostic and treatment purposes if the patient's 14,583
attending physician gives oral or written consent to the release 14,584
of the information and the patient gives written consent by 14,585
completing a release of confidential information form. 14,586
(4) The department CANCER HOSPITAL may release 14,588
confidential information concerning individual cancer patients to 14,590
the cancer registry of another state, if the other state has 14,591
entered into a reciprocal agreement with the department CANCER 14,592
HOSPITAL and the agreement provides that the state will comply 14,594
with this section and that information identifying a patient will 14,595
not be released to any person without the written consent of the 14,596
patient.
(C) Nothing in this section prevents the release to any 14,598
person of epidemiological information that does not identify 14,599
individual cancer patients. 14,600
(D) No person shall fail to comply with the 14,602
confidentiality requirements of this section. 14,603
Sec. 3335.99. WHOEVER VIOLATES DIVISION (I) OF SECTION 14,605
3335.61 OR DIVISION (D) OF SECTION 3335.62 OF THE REVISED CODE IS 14,606
GUILTY OF A MINOR MISDEMEANOR ON A FIRST OFFENSE. ON EACH 14,607
SUBSEQUENT OFFENSE, THE PERSON IS GUILTY OF A MISDEMEANOR OF THE 14,608
FOURTH DEGREE.
Sec. 3353.06. (A) THE AFFILIATES SERVICES FUND IS HEREBY 14,610
CREATED IN THE STATE TREASURY. THE OHIO EDUCATIONAL 14,611
TELECOMMUNICATIONS NETWORK COMMISSION SHALL DEPOSIT ANY MONEY IT 14,612
RECEIVES TO THE CREDIT OF THE FUND, INCLUDING: 14,613
(1) REIMBURSEMENTS FOR SERVICES PROVIDED TO STATIONS; 14,615
(2) CHARGES LEVIED FOR MAINTENANCE OF TELECOMMUNICATIONS, 14,617
BROADCASTING, OR TRANSMISSION EQUIPMENT; 14,618
(3) CONTRACT OR GRANT PAYMENTS. 14,620
(B) THE COMMISSION SHALL USE MONEY CREDITED TO THE 14,622
AFFILIATES SERVICES FUND FOR ANY COMMISSION OPERATING PURPOSES, 14,623
INCLUDING:
(1) THE PURCHASE, REPAIR, OR MAINTENANCE OF 14,625
336
TELECOMMUNICATIONS, BROADCASTING, OR TRANSMISSION EQUIPMENT; 14,626
(2) THE PURCHASE OR LEASE OF EDUCATIONAL PROGRAMMING; 14,628
(3) THE PURCHASE OF TAPE AND MAINTENANCE OF A MEDIA 14,630
LIBRARY;
(4) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES; 14,632
(5) ADMINISTRATIVE EXPENSES AND LEGAL FEES. 14,634
Sec. 3353.07. THE OHIO EDUCATIONAL TELECOMMUNICATIONS 14,636
NETWORK COMMISSION SHALL NOT CHARGE OR COLLECT BROADCASTING FEES 14,637
FROM OHIO GOVERNMENT TELECOMMUNICATIONS OF THE CAPITOL SQUARE 14,638
REVIEW AND ADVISORY BOARD. 14,639
Sec. 3375.90. Public libraries in two or more counties, or 14,648
four or more libraries, including two or more types, within a 14,650
metropolitan area, as defined by the state library board, may 14,651
form a regional library system by agreement in the manner set 14,653
forth in this section.
(A) The libraries authorized to form a regional library 14,656
system may include any of the following types of libraries: 14,658
academic, public, special, and school, including cooperative 14,659
ventures established by two or more school districts. For the 14,660
purposes of this section, such THOSE libraries may be serving the 14,661
general public, public or private schools, colleges or 14,662
universities, or a profession, occupation, or business. 14,663
An agreement for the formation of a regional library system 14,666
shall first be approved by the governing bodies of the 14,667
participating libraries. For the purposes of this section, the 14,668
"governing body of a library" means the board of trustees of a 14,670
public library, or the board of education of a public school or 14,671
school system if the library is a public school library, or 14,672
otherwise the board of trustees or directors or other recognized 14,673
governing board or committee of any private school, college, 14,674
university, association, or union, public or private, which 14,676
provides, controls, or maintains a library which THAT is intended 14,678
to be a participating library.
(B) Except as otherwise provided in division (D) of this 14,681
337
section, the agreement and an application for the formation of
the regional library system shall be submitted to the state 14,683
library board in the form and in accordance with rules prescribed 14,684
by the state library board, with a plan of service describing the 14,685
specific purposes for which the system is formed and the means by 14,686
which such THOSE purposes are to be accomplished.
(C) Upon approval of the application by the state library 14,688
board and the making by that board or some other authority or 14,689
authorities of a grant or grants for the system, the regional 14,690
library system shall become operable. The state library board 14,691
shall approve no more than eleven SEVEN regional library systems. 14,692
A regional library system shall be governed by a board of 14,695
trustees consisting of at least seven and no more than fifteen 14,696
persons, to be selected from among the representatives of the 14,697
participating libraries, duly appointed as such representatives 14,698
by the governing bodies of the participating libraries. 14,699
The number of trustees, the manner of selection, the terms 14,701
of office, and the provisions for filling vacancies shall be 14,703
determined by the agreement between the governing bodies of the 14,704
participating libraries, and shall be set forth in the 14,706
application submitted to the state library board. Nothing
pertaining to the organization and operation of a regional 14,707
library system shall be construed to infringe upon the autonomy 14,709
of any participating library or of the governing body of any 14,710
library.
(D) No area library service organization or metropolitan 14,712
library system in existence on the effective date of this 14,713
amendment MARCH 30, 1999, shall be required to submit a new 14,715
agreement and application to the state library board in order to 14,716
continue operation as a regional library system on and after that
date. Any agreement that applied under this section immediately 14,717
prior to the effective date of this amendment MARCH 30, 1999, to 14,719
an area library service organization or metropolitan library 14,720
system that continues operation as a regional library system 14,721
338
under this division shall continue to govern the applicable
regional library system to the extent authorized by sections 14,722
3375.90 to 3375.93 of the Revised Code. 14,723
Sec. 3383.08. There is hereby created in the state 14,732
treasury the capital donations fund, which shall be administered 14,733
by the Ohio arts and sports facilities commission. The fund 14,734
shall consist of gifts, grants, devises, bequests, and other 14,735
financial contributions made to the commission for the
construction or improvement of arts and sports facilities and 14,736
shall be used in accordance with the specific purposes for which 14,738
the gifts, grants, devises, bequests, or other financial 14,739
contributions are made. All investment earnings of the fund 14,740
shall be credited to the fund. Chapters 123., 125., 127., and 14,741
153. and section 3517.13 of the Revised Code do not apply to 14,742
contracts paid from the fund, notwithstanding anything to the 14,743
contrary in those chapters or that section. 14,744
Not later than the tenth day of each ONE month FOLLOWING 14,746
THE END OF EACH QUARTER OF THE FISCAL YEAR, the commission shall 14,747
allocate the amounts credited to the fund FROM INVESTMENT 14,748
EARNINGS during the THAT preceding month QUARTER OF THE FISCAL 14,749
YEAR among the specific projects for which they are to be used 14,751
and shall certify this information to the director of budget and 14,753
management. Investment earnings of the fund shall be allocated 14,755
in the same manner as the gifts, grants, devises, bequests, and
other financial contributions to which they are attributable. 14,757
If the amounts credited to the fund for a particular 14,760
project exceed what is required to complete that project, the
commission may refund any such OF THOSE excess amounts, including 14,762
unexpended investment earnings attributable to those amounts, to 14,764
the entity from which they were received. 14,765
Sec. 3501.18. (A) The board of elections may divide a 14,774
political subdivision, within its jurisdiction, into precincts 14,775
and establish, define, divide, rearrange, and combine the several 14,776
election precincts within its jurisdiction and change the 14,777
339
location of the polling place for each precinct when it is 14,778
necessary to maintain the requirements as to the number of voters 14,779
in a precinct and to provide for the convenience of the voters 14,780
and the proper conduct of elections, provided that no change in 14,781
the number of precincts or in the PRECINCT boundaries thereof 14,783
shall be made during the twenty-five days immediately preceding a 14,784
primary or general election nor between the first day of January 14,785
and the day on which the members of county central committees are 14,786
elected in the years in which such THOSE committees are elected. 14,787
Each EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS 14,788
SECTION, EACH precinct shall contain a number of electors, not to 14,790
exceed one thousand, that the board of elections determines to be 14,791
a reasonable number after taking into consideration the type and 14,792
amount of available equipment, prior voter turnout, the size and 14,793
location of each selected polling place, available parking,
availability of an adequate number of poll workers, and handicap 14,794
accessibility and other accessibility to the polling place. 14,795
If the board changes the boundaries of a precinct after the 14,797
filing of a local option election petition pursuant to sections 14,798
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that 14,800
calls for a local option election to be held in that precinct, 14,801
the local option election shall be held in the area that
constituted the precinct at the time the local option petition 14,802
was filed, regardless of the change in the boundaries. 14,803
IF THE BOARD CHANGES THE BOUNDARIES OF A PRECINCT IN ORDER 14,805
TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS SECTION IN A 14,806
MANNER THAT CAUSES A MEMBER OF A COUNTY CENTRAL COMMITTEE TO NO 14,807
LONGER QUALIFY AS A REPRESENTATIVE OF AN ELECTION PRECINCT IN THE 14,808
COUNTY, OF A WARD OF A CITY IN THE COUNTY, OR OF A TOWNSHIP IN 14,809
THE COUNTY, THE MEMBER SHALL CONTINUE TO REPRESENT THE PRECINCT, 14,810
WARD, OR TOWNSHIP FOR THE REMAINDER OF THE MEMBER'S TERM, 14,811
REGARDLESS OF THE CHANGE IN BOUNDARIES.
In an emergency, the board may provide more than one 14,813
polling place in a precinct. In order to provide for the 14,814
340
convenience of the voters, the board may locate polling places 14,815
for voting or registration outside the boundaries of precincts, 14,816
provided that the nearest public school or public building shall 14,817
be used if the board determines it to be available and suitable 14,818
for use as a polling place. Except in an emergency, no change in 14,819
the number or location of the polling places in a precinct shall 14,820
be made during the twenty-five days immediately preceding a 14,821
primary or general election. 14,822
Electors who have failed to respond within thirty days to 14,825
any confirmation notice shall not be counted in determining the 14,827
size of any precinct under this section.
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OR 14,830
(3) OF THIS SECTION, NOT LATER THAN AUGUST 1, 2000, THE BOARD OF
ELECTIONS SHALL DETERMINE ALL PRECINCT BOUNDARIES USING 14,832
GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 14,833
COMMERCE, BUREAU OF THE CENSUS, IN REPORTING THE DECENNIAL CENSUS 14,834
OF OHIO.
(2) WHEN ANY PART OF THE BOUNDARY OF A PRECINCT ALSO FORMS 14,836
A PART OF THE BOUNDARY OF A LEGISLATIVE DISTRICT AND THE PRECINCT 14,837
BOUNDARY CANNOT BE DETERMINED BY AUGUST 1, 2000, USING THE 14,838
GEOGRAPHICAL UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION 14,839
WITHOUT MAKING THAT PART OF THE PRECINCT BOUNDARY THAT ALSO FORMS 14,840
PART OF THE LEGISLATIVE DISTRICT BOUNDARY DIFFERENT FROM THAT 14,841
LEGISLATIVE DISTRICT BOUNDARY, THE BOARD OF ELECTIONS MAY 14,842
DETERMINE THE BOUNDARY OF THAT PRECINCT USING THE GEOGRAPHICAL 14,843
UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION NOT LATER THAN 14,844
APRIL 1, 2002. AS USED IN THIS DIVISION, "LEGISLATIVE DISTRICT" 14,845
MEANS A DISTRICT DETERMINED UNDER ARTICLE XI OF THE OHIO 14,847
CONSTITUTION.
(3) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 14,849
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (B)(1) OF 14,851
THIS SECTION WHEN IT IS NOT FEASIBLE TO COMPLY WITH THAT 14,852
REQUIREMENT BECAUSE OF UNUSUAL PHYSICAL BOUNDARIES OR RESIDENTIAL 14,854
DEVELOPMENT PRACTICES THAT WOULD CAUSE UNUSUAL HARDSHIP FOR
341
VOTERS. THE BOARD SHALL IDENTIFY THE AFFECTED PRECINCTS AND 14,856
CENSUS UNITS, EXPLAIN THE REASON FOR THE WAIVER REQUEST, AND
INCLUDE A MAP ILLUSTRATING WHERE THE CENSUS UNITS WILL BE SPLIT 14,857
BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY OF STATE 14,858
APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF ELECTIONS IN 14,859
WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS NECESSARY 14,860
UNDER THIS SECTION, NOTWITHSTANDING THE REQUIREMENT IN DIVISION 14,861
(B)(1) OF THIS SECTION.
(C) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 14,863
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (A) OF THIS 14,865
SECTION REGARDING THE NUMBER OF ELECTORS IN A PRECINCT WHEN THE 14,866
USE OF GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 14,867
COMMERCE, BUREAU OF THE CENSUS, WILL CAUSE A PRECINCT TO CONTAIN 14,868
MORE THAN ONE THOUSAND ELECTORS. THE BOARD SHALL IDENTIFY THE 14,869
AFFECTED PRECINCTS AND CENSUS UNITS, EXPLAIN THE REASON FOR THE 14,870
WAIVER REQUEST, AND INCLUDE A MAP ILLUSTRATING WHERE CENSUS UNITS 14,871
WILL BE SPLIT BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY 14,872
OF STATE APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF
ELECTIONS IN WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS 14,873
NECESSARY TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS 14,874
SECTION.
Sec. 3501.21. When the board of elections considers it 14,884
necessary to change, divide, or combine any precinct, or to 14,885
relocate a polling place, it shall NOTIFY, prior to the next 14,886
election, notify each of the registrants in the precinct of such 14,887
THE change by mail. ON AND AFTER AUGUST 1, 2000, WHEN THE BOARD 14,888
CHANGES THE BOUNDARIES OF ANY PRECINCT, IT SHALL NOTIFY THE 14,890
SECRETARY OF STATE OF THE CHANGE NOT LATER THAN FORTY-FIVE DAYS 14,891
AFTER MAKING THE CHANGE.
Sec. 3517.152. (A)(1) There is hereby created the Ohio 14,901
elections commission consisting of seven members.
Not later than forty-five days after the effective date of 14,903
this section AUGUST 24, 1995, the speaker of the house of 14,906
representatives and the leader in the senate of the political 14,907
342
party of which the speaker is a member shall jointly submit to
the governor a list of five persons who are affiliated with that 14,908
political party. Not later than forty-five days after the 14,909
effective date of this section AUGUST 24, 1995, the two 14,911
legislative leaders in the two houses of the general assembly of
the major political party of which the speaker is not a member 14,912
shall jointly submit to the governor a list of five persons who 14,913
are affiliated with the major political party of which the 14,915
speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons 14,916
from each list to the commission. The governor shall appoint one 14,918
person from each list to a term that ends on December 31, 1996, 14,920
one person from each list to a term that ends on December 31, 14,921
1997, and one person from each list to a term that ends on 14,922
December 31, 1998.
Not later than thirty days after the governor appoints 14,924
these six members, they shall, by a majority vote, appoint to the 14,926
commission a seventh member, who shall not be affiliated with a 14,927
political party. If the six members fail to appoint the seventh 14,928
member within this thirty-day period, the chief justice of the 14,929
supreme court, not later than thirty days after the end of the
period during which the six members were required to appoint a 14,930
member, shall appoint the seventh member, who shall not be 14,931
affiliated with a political party. The seventh member shall be 14,932
appointed to a term that ends on December 31, 2001. Terms of the 14,933
initial members appointed under division (A)(1) of this section 14,934
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 14,936
member, who is not affiliated with a political party, the six 14,937
remaining members by a majority vote shall appoint, not later 14,938
than fifteen days after the date of the vacancy, the seventh 14,939
member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh 14,940
member within this fifteen-day period, the chief justice of the 14,941
343
supreme court, within fifteen days after the end of this period, 14,942
shall appoint the seventh member, who shall not be affiliated 14,943
with a political party. If a vacancy occurs in any of the other 14,944
six positions on the commission, the legislative leaders of the 14,945
political party from whose list of persons the member being
replaced was appointed shall submit to the governor, not later 14,946
than thirty days after the date of the vacancy, a list of three 14,947
persons who are affiliated with that political party. Not later 14,948
than fifteen days after receiving the list, the governor, WITH 14,949
THE ADVICE AND CONSENT OF THE SENATE, shall appoint one person 14,950
from the list to the commission.
(3) At no time shall more than six members of the 14,952
commission be affiliated with a political party and, of these six 14,953
members, not more than three shall be affiliated with the same 14,954
political party. 14,955
(4) In making appointments to the commission, the governor 14,958
shall take into consideration the various geographic areas of 14,959
this state and shall appoint members so that those areas are 14,960
represented on the commission in a balanced manner, to the extent 14,961
feasible.
(5) Members of the commission shall be registered electors 14,964
and shall be of good moral character. 14,965
(B) Each member of the commission shall hold office from 14,968
the date of the member's appointment until the end of the term 14,969
for which the member was appointed. A member appointed to fill a 14,970
vacancy occurring prior to the expiration of the term for which 14,971
the member's predecessor was appointed shall hold office for the 14,972
remainder of that term. A member shall continue in office 14,973
subsequent to the expiration date of the member's term until the 14,974
member's successor takes office or until a period of sixty days 14,976
has elapsed, whichever occurs first. After the initial terms of 14,977
office provided for in division (A)(1) of this section, terms of 14,978
office shall be for five years. 14,979
(C) A vacancy in the Ohio elections commission may be 14,982
344
caused by death, resignation, or three absences from commission 14,983
meetings in a calendar year if those absences are caused by 14,984
reasons declared invalid by a vote of five members of the 14,985
remaining members of the commission.
(D) Each member of the commission while in the performance 14,988
of the business of the commission shall be entitled to receive 14,989
compensation at the rate of twenty-five thousand dollars per 14,990
year. Members shall be reimbursed for expenses actually and 14,991
necessarily incurred in the performance of their duties. 14,992
(E) No member of the commission shall serve more than one 14,995
full term unless the terms served are served nonconsecutively. 14,996
(F)(1) No member of the commission shall do or be any of 14,999
the following:
(a) Hold, or be a candidate for, a public office; 15,002
(b) Serve on a committee supporting or opposing a 15,005
candidate or ballot question or issue;
(c) Be an officer of the state central committee, A COUNTY 15,008
CENTRAL COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, or OTHER 15,009
COMMITTEE OF A POLITICAL PARTY OR AN OFFICER of the executive 15,010
committee of the state central committee, A COUNTY CENTRAL 15,011
COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, OR OTHER COMMITTEE of a 15,012
political party;
(d) Be a legislative agent as defined in section 101.70 of 15,015
the Revised Code or an executive agency lobbyist as defined in 15,016
section 121.60 of the Revised Code; 15,017
(e) Solicit or be involved in soliciting contributions on 15,020
behalf of a candidate, campaign committee, political party, 15,021
political action committee, or political contributing entity; 15,022
(f) Be in the unclassified service under section 124.11 of 15,025
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 15,028
to (15) of section 4117.01 of the Revised Code. 15,029
(2) No member or employee of the commission shall make a 15,032
contribution to, or for the benefit of, a campaign committee or 15,033
345
committee in support of or opposition to a ballot question or 15,034
issue, a political party, a legislative campaign fund, a 15,035
political action committee, or a political contributing entity. 15,036
(G)(1) The members of the commission shall elect a 15,038
chairperson and a vice-chairperson. At no time shall the 15,040
chairperson and vice-chairperson be affiliated with the same 15,042
political party. The chairperson shall serve in that capacity 15,043
for one year and shall not serve as chairperson more than twice 15,045
during a term as a member of the commission. No two successive 15,046
chairpersons shall be affiliated with the same political party. 15,047
(2) The commission shall meet at the call of the 15,049
chairperson or upon the written request of a majority of the 15,050
members. The meetings and hearings of the commission or a panel 15,051
of the commission under sections 3517.153 to 3517.157 of the 15,052
Revised Code are subject to section 121.22 of the Revised Code. 15,053
(3) The commission shall adopt rules for its procedures in 15,056
accordance with Chapter 119. of the Revised Code. Five of the 15,057
seven members constitute a quorum. Except as otherwise provided 15,058
in this section and in sections 3517.154 to 3517.157 of the 15,059
Revised Code, no action shall be taken without the concurrence of 15,060
a majority of the members. 15,061
(H)(1) The commission shall employ the technical, 15,064
professional, and clerical employees that are necessary for it to 15,065
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 15,068
the commission shall employ a full-time attorney, and, as needed, 15,070
one or more investigatory attorneys to conduct investigations for 15,072
the commission or a panel of the commission. The commission may 15,073
employ or contract for the services of additional attorneys, as 15,074
needed. The full-time attorney shall do all of the following: 15,075
(i) Serve as the commission's attorney in regard to all 15,078
legal matters, including representing the commission at appeals 15,079
from a final determination of the commission, except that the 15,080
full-time attorney shall not perform the duties that an 15,081
346
investigatory attorney is required or requested to perform or 15,082
that another attorney the commission employs or contracts with 15,083
for services is required or requested to perform, and shall not 15,084
represent the commission in any legal proceeding in which the 15,085
commission is a named party;
(ii) At the request of the commission or a panel of the 15,088
commission, be present at a hearing held under sections 3517.154 15,089
to 3517.156 of the Revised Code to rule on the admissibility of 15,090
evidence and to advise on the conduct of procedure; 15,091
(iii) Perform other duties as required by rule of the 15,094
commission.
(b) An attorney employed by or under contract with the 15,097
commission shall be licensed to practice law in this state. 15,098
(3)(a) Except as otherwise provided in division (H)(3)(b) 15,101
of this section, at least five members of the commission shall 15,102
agree on the employment of a person, a majority of the members 15,103
shall agree on the discharge of an employee, and a person 15,104
employed by the commission shall serve at the pleasure of the 15,105
commission.
(b) At least five of the seven members shall agree on the 15,107
discharge of an investigatory attorney. 15,109
Sec. 3701.04. (A) The director of health shall: 15,118
(1) Require such reports and make such inspections and 15,120
investigations as the director considers necessary; 15,121
(2) Provide such methods of administration, appoint such 15,123
personnel, make such reports, and take such other action as may 15,124
be necessary to comply with the requirements of the federal act 15,125
and the regulations thereunder; 15,126
(3) Procure by contract the temporary or intermittent 15,128
services of experts or consultants or organizations thereof when 15,129
such services are to be performed on a part-time or 15,130
fee-for-service basis and do not involve the performance of 15,131
administrative duties; 15,132
(4) Enter into agreements for the utilization of the 15,134
347
facilities and services of other departments, agencies, and 15,135
institutions, public or private; 15,136
(5) Accept on behalf of the state, and deposit in the 15,138
state treasury to the credit of the general operations fund 15,139
created in section 3701.83 of the Revised Code, any grant, gift, 15,140
or contribution made to assist in meeting the cost of carrying 15,141
out the director's responsibilities and expend the grant, gift, 15,142
or contribution for such purpose. Fees collected by the director 15,143
in connection with meetings and conferences shall also be 15,144
credited to the fund and expended for the purposes for which 15,145
paid.
(6) Make an annual report to the governor on activities 15,147
and expenditures, including recommendations for such additional 15,148
legislation as the director considers appropriate to furnish 15,149
adequate hospital, clinic, and similar facilities to the people 15,150
of this state.
(B) The director of health may enter into agreements to 15,153
sell services offered by the department to other departments,
agencies, and institutions of the state. Fees collected by the 15,154
director for the sale of services under this division shall be 15,155
deposited into the state treasury to the credit of the general 15,156
operations fund created in section 3701.83 of the Revised Code. 15,157
(C) If authorized by federal statute or regulation, the 15,160
director of health may establish and collect fees for conducting 15,161
the initial certification of any person or entity as a provider
of health services for purposes of the medicare program 15,162
established under Title XVIII of the "Social Security Act," 49 15,163
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The fee 15,164
established for conducting an initial medicare certification 15,165
shall not exceed the actual and necessary costs incurred by the
department of health in conducting the certification. 15,166
All fees collected under this division shall be deposited 15,168
into the state treasury to the credit of the medicare initial 15,169
certification fund, which is hereby created. Money credited to 15,170
348
the fund shall be used solely to pay the costs of conducting 15,171
initial medicare certifications.
Sec. 3701.043. IF AUTHORIZED BY FEDERAL STATUTE OR 15,173
REGULATION, THE DIRECTOR OF HEALTH MAY ESTABLISH AND COLLECT FEES 15,174
FOR CONDUCTING THE INITIAL CERTIFICATION OF ANY PERSON OR ENTITY 15,175
AS A PROVIDER OF HEALTH SERVICES FOR PURPOSES OF THE MEDICARE 15,176
PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY 15,178
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. THE FEE 15,179
ESTABLISHED FOR CONDUCTING AN INITIAL MEDICARE CERTIFICATION 15,180
SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS INCURRED BY THE
DEPARTMENT OF HEALTH IN CONDUCTING THE CERTIFICATION. 15,181
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED 15,183
INTO THE STATE TREASURY TO THE CREDIT OF THE MEDICARE INITIAL 15,184
CERTIFICATION FUND, WHICH IS HEREBY CREATED. MONEY CREDITED TO 15,185
THE FUND SHALL BE USED SOLELY TO PAY THE COSTS OF CONDUCTING 15,186
INITIAL MEDICARE CERTIFICATIONS.
Sec. 3701.044. WHEN THE DIRECTOR OF HEALTH OR DEPARTMENT 15,188
OF HEALTH IS REQUIRED OR AUTHORIZED TO CONDUCT OR ADMINISTER AN 15,189
EXAMINATION OR EVALUATION OF INDIVIDUALS FOR THE PURPOSE OF 15,190
DETERMINING COMPETENCY OR FOR THE PURPOSE OF ISSUING A LICENSE, 15,191
CERTIFICATE, REGISTRATION, OR OTHER AUTHORITY TO PRACTICE OR 15,192
PERFORM DUTIES, THE DIRECTOR OR DEPARTMENT MAY PROVIDE FOR THE 15,193
EXAMINATION OR EVALUATION BY CONTRACTING WITH ANY PUBLIC OR 15,194
PRIVATE ENTITY TO CONDUCT OR ADMINISTER THE EXAMINATION OR 15,195
EVALUATION. THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT AND 15,196
RETAIN, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 15,197
CONTRACT, ANY FEE PAID BY AN INDIVIDUAL FOR THE EXAMINATION OR 15,198
EVALUATION. AN ENTITY AUTHORIZED TO COLLECT AND RETAIN A FEE IS 15,199
NOT REQUIRED TO DEPOSIT THE FEE INTO THE STATE TREASURY. 15,200
EXCEPT WHEN CONSIDERED TO BE NECESSARY BY THE DIRECTOR OR 15,202
DEPARTMENT, THE DIRECTOR OR DEPARTMENT SHALL NOT DISCLOSE TEST 15,203
MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED IN ANY 15,204
EXAMINATION OR EVALUATION THE DIRECTOR OR DEPARTMENT CONDUCTS, 15,205
ADMINISTERS, OR PROVIDES FOR BY CONTRACT. THE TEST MATERIALS, 15,206
349
EXAMINATIONS, AND EVALUATION TOOLS ARE NOT PUBLIC RECORDS FOR THE 15,207
PURPOSE OF SECTION 149.43 OF THE REVISED CODE AND ARE NOT SUBJECT 15,208
TO INSPECTION OR COPYING UNDER SECTION 1347.08 OF THE REVISED 15,209
CODE.
Sec. 3701.89. (A) There is hereby re-created a foundation 15,218
as described in section 170 of the "Internal Revenue Code of 15,219
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, which shall be 15,220
known as the Ohio medical quality foundation. The foundation 15,221
shall be administered by thirteen trustees, one of whom shall be 15,222
the director of health and the remaining twelve of whom shall be 15,223
appointed by the governor within ninety days of the effective 15,224
date of this section JULY 21, 1994. 15,225
(B) Five of the appointed trustees shall hold the degree 15,227
of doctor of medicine; of those, two shall be appointed to an 15,228
initial term of three years, one shall be appointed for an 15,229
initial term of four years, and two shall be appointed for an 15,230
initial term of five years. Four of the appointed trustees shall 15,231
be representatives of hospitals; of those, one shall be appointed 15,232
for an initial term of three years, one shall be appointed for an 15,233
initial term of five years, and two shall be appointed to an 15,234
initial term of four years. Two of the appointed trustees shall 15,235
hold the degree of doctor of osteopathic medicine; of those, one 15,236
shall be appointed for an initial term of four years and one 15,237
shall be appointed to an initial term of five years. One of the 15,238
appointed trustees shall hold the degree of doctor of podiatric 15,239
medicine and shall be appointed for a term of three years. 15,240
Thereafter, all trustees appointed by the governor shall be 15,241
appointed to terms of three years. 15,242
(C) The trustees shall act by majority vote with seven 15,244
trustees constituting a quorum for the transaction of any 15,245
business or the exercise of any power of the foundation. 15,246
(D) All money received by the foundation shall be held in 15,248
trust by a corporate trustee selected by the foundation trustees, 15,249
which selection may be changed from time to time. The corporate 15,250
350
trustee shall invest, manage, and account for the money held in 15,251
trust, subject to the approval of the foundation trustees. All 15,252
investment income shall be credited to the foundation trust 15,253
funds. All expenses of administration of the foundation shall be 15,254
charged to the foundation trust funds. 15,255
(E) The trustees may: 15,257
(1) Adopt rules and bylaws consistent with subsection 501 15,259
(c)(3) of the Internal Revenue Code for the regulation of its 15,260
affairs and the conduct of its business; 15,261
(2) Employ a staff and retain or contract with attorneys, 15,263
financial consultants, and accounting experts as are necessary in 15,264
its judgment to carry out this section; 15,265
(3) Seek and accept funding from any private or public 15,267
source for the conduct of its business. 15,268
(F) In a manner consistent with federal income tax 15,270
exemption status under subsection 501(c)(3) of the Internal 15,271
Revenue Code, the foundation shall fund activities to improve the 15,272
quality of medical care rendered to the public. The trustees of 15,273
the money in the foundation trust may fund the following: 15,274
(1) Programs approved under criteria established under 15,276
section 4731.25 of the Revised Code; 15,277
(2) Programs designed to improve the quality of graduate 15,279
medical education; 15,280
(3) Programs designed to improve risk management and 15,282
quality assurance in hospitals, as defined in section 3727.01 of 15,283
the Revised Code, and in outpatient settings including physician 15,284
offices; 15,285
(4) Other programs, meetings, and educational seminars 15,287
that are designed to improve the quality of medical care in Ohio 15,288
and are determined by the trustees to be consistent with this 15,289
section. 15,290
(G) THE FOUNDATION MAY BE ORGANIZED AS A NONPROFIT 15,292
CORPORATION FORMED UNDER CHAPTER 1702. OF THE REVISED CODE. 15,293
Sec. 3701.99. (A) Whoever violates section 3701.25 of the 15,302
351
Revised Code is guilty of a minor misdemeanor on a first offense; 15,303
on each subsequent offense, the person is guilty of a misdemeanor 15,304
of the second degree. 15,305
(B) Whoever violates division (I) of section 3701.262, 15,307
division (D) of section 3701.263, or section 3701.352 or sections 15,308
3701.46 to 3701.55 of the Revised Code is guilty of a minor 15,309
misdemeanor on a first offense; on each subsequent offense, the 15,310
person is guilty of a misdemeanor of the fourth degree. 15,311
(C) Whoever violates section 3701.82 of the Revised Code 15,313
is guilty of a misdemeanor of the first degree. 15,314
(D) Whoever violates section 3701.81 of the Revised Code 15,316
is guilty of a misdemeanor of the second degree. 15,317
(E) Whoever violates division (G) of section 3701.88 of 15,319
the Revised Code shall be fined not more than one hundred 15,320
dollars. Each day the violation continues is a separate offense. 15,321
Sec. 3702.52. The director of health shall administer a 15,331
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under 15,332
those sections. 15,333
(A) The director shall issue rulings on whether a 15,335
particular proposed project is a reviewable activity. The 15,336
director shall issue a ruling not later than forty-five days 15,337
after receiving a request for a ruling accompanied by the 15,338
information needed to make the ruling. If the director does not 15,339
issue a ruling in that time, the project shall be considered to 15,340
have been ruled not a reviewable activity. 15,341
(B) The director shall review applications for 15,343
certificates of need. Each application shall be submitted to the 15,344
director on forms prescribed by the director, shall include all 15,345
information required by rules adopted under division (B) of 15,346
section 3702.57 of the Revised Code, and shall be accompanied by 15,347
the application fee established in rules adopted under division 15,348
(G) of that section. Application fees received by the director 15,349
under this division shall be deposited into the state treasury to 15,350
352
the credit of the certificate of need fund, which is hereby 15,351
created. The director shall use the fund only to pay the costs 15,352
of administering sections 3702.51 to 3702.62 of the Revised Code 15,353
and rules adopted under those sections, and to make payments to 15,354
health service agencies under division (H) of this section. 15,355
The director shall mail to the applicant a written notice 15,357
that the application meets the criteria for a complete 15,358
application specified in rules adopted under section 3702.57 of 15,359
the Revised Code, or a written request for additional
information, not later than fifteen days after receiving an 15,361
application or a response to an earlier request for information.
The director shall not make more than two requests for additional 15,362
information.
The director may conduct a public informational hearing in 15,364
the course of reviewing any application for a certificate of 15,365
need, and shall conduct one if requested to do so by any affected 15,366
person not later than fifteen days after the director mails the 15,367
notice that the application is complete. The hearing shall be 15,368
conducted in the community in which the activities authorized by
the certificate of need would be carried out. Any affected 15,369
person may testify at the hearing. The director may, with the 15,370
health service agency's consent, designate a health service 15,371
agency to conduct the hearing.
Except during a public hearing or as necessary to comply 15,373
with a subpoena issued under division (F) of this section, after 15,375
a notice of completeness has been received, no person shall 15,376
knowingly discuss in person or by telephone the merits of the 15,378
application with the director. If one or more persons request a
meeting in person or by telephone, the director shall make a 15,380
reasonable effort to invite interested parties to the meeting or 15,381
conference call.
(C) Divisions (C)(1) to (7) of this section apply to 15,384
certificate of need applications for which the director had not 15,386
issued a written decision prior to April 20, 1995, unless the 15,387
353
director was required, under the version of this section in 15,388
effect immediately prior to the effective date of this amendment 15,389
JUNE 30, 1995, to grant a certificate of need prior to the 15,391
effective date of this amendment JUNE 30, 1995, because of a lack 15,393
of written objections from any affected person. Divisions (C)(1) 15,394
to (7) of this section do not invalidate any certificate of need 15,395
that the director was required to grant prior to the effective 15,396
date of this amendment JUNE 30, 1995, under that circumstance. 15,397
(1) The director shall grant a certificate of need for the 15,400
entire project that is the subject of the application immediately
after both of the following conditions are met: 15,402
(a) The board of trustees of the health service agency of 15,405
the health service area in which the reviewable activity is 15,406
proposed to be conducted recommends, prior to the deadline 15,407
specified in division (C)(4) of this section or any extension of 15,408
it under division (C)(5) of this section, that the certificate of 15,409
need be granted;
(b) The director receives no written objections to the 15,411
application from any affected person by the later of May 20, 15,412
1995, or thirty days after the director mails the notice of 15,413
completeness.
(2) In the case of applications under comparative review, 15,415
the director shall grant certificates of need for the entire 15,416
projects that are the subject of the applications immediately 15,417
after both of the following conditions are met:
(a) The board of trustees of the health service agency of 15,419
each health service area in which the reviewable activities are 15,420
proposed to be conducted recommends, prior to the deadline 15,421
specified in division (C)(4) of this section or any extension of 15,422
it under division (C)(5) of this section, that certificates of 15,423
need be granted for each of the reviewable activities to be
conducted in its health service area; 15,424
(b) The director receives no written objections to any of 15,426
the applications from any affected person by the later of May 20, 15,427
354
1995, or thirty days after the director mails the last notice of 15,428
completeness.
The director's grant of a certificate of need under 15,430
division (C)(1) or (2) of this section does not affect, and sets 15,431
no precedent for, the director's decision to grant or deny other 15,432
applications for similar reviewable activities proposed to be 15,433
conducted in the same or different health service areas.
(3) If the director receives written objections to an 15,436
application from any affected person by the later of May 20, 15,437
1995, or thirty days after mailing the notice of completeness, 15,438
regardless of the health service agency's recommendation, the 15,439
director shall notify the applicant and assign a hearing examiner 15,441
to conduct an adjudication hearing concerning the application in 15,442
accordance with Chapter 119. of the Revised Code. In the case of 15,444
applications under comparative review, if the director receives 15,445
written objections to any of the applications from any affected 15,447
person by the later of May 20, 1995, or thirty days after the 15,448
director mails the last notice of completeness, regardless of the 15,450
health service agencies' recommendation, the director shall 15,452
notify all of the applicants and appoint a hearing examiner to 15,453
conduct a consolidated adjudication hearing concerning the 15,454
applications in accordance with Chapter 119. of the Revised Code. 15,456
The hearing examiner shall be employed by or under contract with 15,457
the department of health. 15,458
The adjudication hearings may be conducted in the health 15,461
service area in which the reviewable activity is proposed to be
conducted. Consolidated adjudication hearings for applications 15,463
in comparative review may be conducted in the geographic region 15,464
in which all of the reviewable activities will be conducted. The 15,465
applicant, the director, and the affected persons that filed 15,466
objections to the application shall be parties to the hearing. 15,467
If none of the affected persons that submitted written objections 15,468
to the application appears or prosecutes the hearing, the hearing 15,469
examiner shall dismiss the hearing and the director shall grant a 15,471
355
certificate of need for the entire project that is the subject of 15,472
the application. The affected persons bear the burden of proving 15,473
by a preponderance of evidence that the project is not needed or 15,474
that granting the certificate would not be in accordance with 15,475
sections 3702.51 to 3702.62 of the Revised Code or the rules 15,476
adopted under section 3702.57 of the Revised Code. 15,477
(4) Except as provided in divisions (C)(1) and (2) of this 15,480
section, the director shall grant or deny certificate of need 15,481
applications for which an adjudication hearing is not conducted 15,482
under division (C)(3) of this section not later than ninety days 15,484
after mailing the notice of completeness or, in the case of an 15,485
application proposing addition of long-term care beds, not later 15,486
than ninety days after such other time as is specified in rules 15,487
adopted under section 3702.57 of the Revised Code. The director 15,489
shall grant or deny certificate of need applications for which an 15,491
adjudication hearing is conducted under division (C)(3) of this 15,493
section not later than thirty days after the expiration of the 15,494
time for filing objections to the report and recommendation of 15,495
the hearing examiner under section 119.09 of the Revised Code. 15,496
The director shall base decisions concerning applications for 15,497
which an adjudication hearing is conducted under division (C)(3) 15,498
of this section on the report and recommendations of the hearing 15,499
examiner.
(5) Except as otherwise provided in division (C)(1), (2), 15,502
or (6) of this section, the director or the applicant may extend 15,505
the deadline prescribed in division (C)(4) of this section once, 15,507
for no longer than thirty days, by written notice before the end 15,508
of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply to all 15,510
applications that are in comparative review. 15,511
(6) No applicant in a comparative review may extend the 15,513
deadline specified in division (C)(4) of this section. 15,514
(7) Except as provided in divisions (C)(1) and (2) of this 15,517
section, the director may grant a certificate of need for all or 15,518
356
part of the project that is the subject of an application. If 15,519
the director does not grant or deny the certificate by the 15,520
applicable deadline specified in division (C)(4) of this section 15,522
or any extension of it under division (C)(5) of this section, the 15,523
certificate shall be considered to have been granted. The 15,524
director, in reviewing certificate of need applications for solid 15,526
organ transplantation services, may ask for assistance from a 15,527
statewide transplantation advisory group consisting of qualified 15,528
professionals and administrators. Such consultation shall not 15,529
cause the review period for any application to be extended beyond 15,530
the applicable deadline specified in division (C)(4) of this 15,532
section or any extension of it under division (C)(5) of this 15,534
section.
(D) In granting a certificate of need, the director shall 15,536
specify as the maximum capital expenditure the certificate holder 15,537
may obligate under the certificate a figure equal to one hundred 15,538
ten per cent of the approved project cost. 15,539
(E) The director shall monitor the activities of persons 15,542
granted certificates of need concerning long-term care beds
during the period beginning with the granting of the certificate 15,544
of need and ending five years after implementation of the 15,545
activity for which the certificate was granted.
In the case of any other certificate of need, the director 15,547
shall monitor the activities of persons granted certificates of 15,548
need during the period beginning with the granting of the 15,550
certificate of need and ending when the activity for which the 15,551
certificate was granted ceases to be a reviewable activity in 15,552
accordance with section 3702.511 of the Revised Code. 15,553
(F) When reviewing applications for certificates of need 15,556
or monitoring activities of persons granted certificates of need, 15,557
the director may issue and enforce, in the manner provided in 15,559
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the production of documents relevant to review of the 15,561
application or monitoring of the activities. In addition, the 15,563
357
director or the director's designee, which may include a health 15,565
service agency, may visit the sites where the activities are or 15,566
will be conducted.
(G) The director may withdraw certificates of need. 15,568
(H) The director shall pay, to each health service agency 15,570
that engages in one or more of the functions identified in 15,571
division (D)(5) of section 3702.58 of the Revised Code with 15,572
respect to an application for a certificate of need, one-third of 15,573
the application fee paid under division (B) of this section, 15,574
subject to a maximum of four thousand dollars. The amount paid 15,575
under this division to each health service agency during each 15,577
fiscal year shall not be less than the amount received by the 15,578
health service agency between July 1, 1988, and June 30, 1989, or 15,579
the amount received by the agency between January 1, 1988, and 15,580
December 31, 1988, whichever is greater.
(I) The director shall conduct, on a regular basis, health 15,582
system data collection and analysis activities and prepare 15,583
reports. The director shall make recommendations based upon 15,584
these activities to the public health council concerning the 15,585
adoption of appropriate rules under section 3702.57 of the 15,586
Revised Code. All health care facilities and other health care 15,587
providers shall submit to the director, upon request, any 15,588
information that is necessary to conduct reviews of certificate 15,589
of need applications and to develop recommendations for criteria 15,590
for reviews, and that is prescribed by rules adopted under 15,591
division (H) of section 3702.57 of the Revised Code. 15,592
(J)(I) Any decision to grant or deny a certificate of need 15,594
shall consider the special needs and circumstances resulting from 15,595
moral and ethical values and the free exercise of religious 15,596
rights of health care facilities administered by religious 15,597
organizations, and the special needs and circumstances of 15,598
children's hospitals, inner city hospitals, and small rural 15,599
hospitals.
Sec. 3702.57. (A) The public health council shall adopt 15,608
358
rules establishing procedures and criteria for reviews of 15,609
applications for certificates of need and issuance, denial, or 15,610
withdrawal of certificates. 15,611
(1) The rules shall require that, in addition to any other 15,614
applicable review requirements of sections 3702.51 to 3702.62 of 15,615
the Revised Code and rules adopted thereunder, any application 15,616
for a certificate of need from an osteopathic hospital be 15,617
reviewed on the basis of the need for and the availability in the 15,618
community of services and hospitals for osteopathic physicians 15,619
and their patients, and in terms of its impact on existing and 15,620
proposed institutional training programs for doctors of 15,621
osteopathy and doctors of medicine at the student, internship, 15,622
and residency training levels. 15,623
(2) In adopting rules that establish criteria for reviews 15,625
of applications of certificates of need, the council shall 15,626
consider the availability of and need for long-term care beds to 15,627
provide care and treatment to persons diagnosed as having 15,628
traumatic brain injuries and shall prescribe criteria for 15,629
reviewing applications that propose to add long-term care beds to 15,630
provide care and treatment to persons diagnosed as having 15,631
traumatic brain injuries. 15,632
(3) The criteria for reviews of applications for 15,634
certificates of need shall relate to the need for the reviewable 15,635
activity and shall pertain to all of the following matters: 15,636
(a) The impact of the reviewable activity on the cost and 15,638
quality of health services in the relevant geographic area, 15,639
including, but not limited, to the historical and projected 15,640
utilization of the services to which the application pertains and 15,641
the effect of the reviewable activity on utilization of other 15,642
providers of similar services; 15,643
(b) The quality of the services to be provided as the 15,645
result of the activity, as evidenced by the historical 15,646
performance of the persons that will be involved in providing the 15,648
services and by the provisions that are proposed in the 15,649
359
application to ensure quality, including but not limited to 15,650
adequate available personnel, available ancillary and support 15,651
services, available equipment, size and configuration of physical 15,652
plant, and relations with other providers; 15,653
(c) The impact of the reviewable activity on the 15,655
availability and accessibility of the type of services proposed 15,656
in the application to the population of the relevant geographic 15,657
area, and the level of access to the services proposed in the 15,658
application that will be provided to medically underserved 15,659
individuals such as recipients of public assistance and 15,660
individuals who have no health insurance or whose health 15,661
insurance is insufficient; 15,662
(d) The activity's short- and long-term financial 15,664
feasibility and cost-effectiveness, the impact of the activity on 15,665
the applicant's costs and charges, and a comparison of the 15,667
applicant's costs and charges with those of providers of similar 15,668
services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of 15,670
alternatives to the reviewable activity; 15,671
(f) The impact of the activity on all other providers of 15,674
similar services in the health service area or other relevant 15,675
geographic area, including the impact on their utilization, 15,676
market share, and financial status;
(g) The historical performance of the applicant and 15,679
related or affiliated parties in complying with previously
granted certificates of need and any applicable certification, 15,680
accreditation, or licensure requirements; 15,681
(h) The relationship of the activity to the current 15,684
edition of the state health resources plan issued under section 15,685
3702.521 of the Revised Code;
(i) The historical performance of the applicant and 15,688
related or affiliated parties in providing cost-effective health 15,689
care services;
(j) The special needs and circumstances of the applicant 15,692
360
or population proposed to be served by the proposed project, 15,693
including research activities, prevalence of particular diseases, 15,694
unusual demographic characteristics, cost-effective contractual 15,695
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of the 15,698
proposed site of the activity;
(l) The participation by the applicant in research 15,701
conducted by the United States food and drug administration or 15,702
clinical trials sponsored by the national institutes of health. 15,703
(4) The criteria for reviews of applications may include 15,706
formulas for determining need for beds and services. 15,707
(a) The criteria prescribing formulas shall not, either by 15,709
themselves or in conjunction with any established occupancy 15,710
guidelines, require, as a condition of being granted a 15,711
certificate of need, that a hospital reduce its complement of 15,712
registered beds or discontinue any service that is not related to 15,713
the service or project for which the certificate of need is 15,714
sought. 15,715
(b) With respect to applications to conduct reviewable 15,717
activities that are affected directly by the inpatient occupancy 15,718
of a health care facility, including addition, relocation, or 15,719
recategorization of beds or renovation or other construction 15,720
activities relating to inpatient services, the rules shall 15,721
prescribe criteria for determining whether the scope of the 15,722
proposed project is appropriate in light of the historical and 15,723
reasonably projected occupancy rates for the beds related to the 15,724
project. 15,725
(c) Any rules prescribing criteria that establish ratios 15,727
of beds, services, or equipment to population shall specify the 15,729
bases for establishing the ratios or mitigating factors or 15,730
exceptions to the ratios. 15,731
(B) The council shall adopt rules specifying all of the 15,733
following: 15,734
(1) Information that must be provided in applications for 15,737
361
certificates of need, which shall include a plan for obligating 15,739
the capital expenditure or implementing the proposed project on a 15,740
timely basis in accordance with section 3702.525 of the Revised 15,742
Code;
(2) Procedures for reviewing applications for completeness 15,746
of information;
(3) Criteria for determining that the application is 15,749
complete.
(C) The council shall adopt rules specifying requirements 15,751
that holders of certificates of need must meet in order for the 15,752
certificates to remain valid and establishing definitions and 15,753
requirements for obligation of capital expenditures and 15,754
implementation of projects authorized by certificates of need. 15,755
(D) The council shall adopt rules establishing criteria 15,757
and procedures under which the director of health may withdraw a 15,758
certificate of need if the holder fails to meet requirements for 15,759
continued validity of the certificate. 15,760
(E) The council shall adopt rules establishing procedures 15,762
under which the department of health shall monitor project 15,763
implementation activities of holders of certificates of need. 15,764
The rules adopted under this division also may establish 15,765
procedures for monitoring implementation activities of persons 15,767
that have received nonreviewability rulings. 15,769
(F) The council shall adopt rules establishing procedures 15,771
under which the director of health shall review certificates of 15,772
need whose holders exceed or appear likely to exceed an 15,774
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate 15,776
of need application fees sufficient to pay the costs incurred by 15,777
the department for administering sections 3702.51 to 3702.62 of 15,779
the Revised Code and to pay health service agencies for the 15,780
functions they perform under division (D)(5) of section 3702.58 15,782
of the Revised Code. Unless rules are adopted under this 15,783
division establishing different application fees, the application 15,784
362
fee for a project not involving a capital expenditure shall be 15,785
three thousand dollars and the application fee for a project 15,786
involving a capital expenditure shall be nine-tenths of one per 15,787
cent of the capital expenditure proposed subject to a minimum of 15,788
three thousand dollars and a maximum of twenty thousand dollars. 15,789
(H) The council shall adopt rules specifying information 15,791
that is necessary to conduct reviews of certificate of need 15,792
applications and to develop recommendations for criteria for 15,793
reviews that health care facilities and other health care 15,794
providers are to submit to the director under division (I)(H) of 15,796
section 3702.52 of the Revised Code.
(I) The council shall adopt rules defining "affiliated 15,799
person," "related person," and "ultimate controlling interest" 15,800
for purposes of section 3702.524 of the Revised Code. 15,801
(J) The council shall adopt rules prescribing requirements 15,804
for holders of certificates of need to demonstrate to the 15,805
director under section 3702.526 of the Revised Code that 15,807
reasonable progress is being made toward completion of the
reviewable activity and establishing standards by which the 15,808
director shall determine whether reasonable progress is being 15,809
made.
(K) The council shall adopt rules defining high-risk 15,811
cardiac catheterization patients. High-risk patients shall 15,813
include patients with significant ischemic syndromes or unstable 15,814
myocardial infarction, patients who need intervention such as 15,815
angioplasty or bypass surgery, patients who may require difficult 15,816
or complex catheterization procedures such as transeptal 15,817
assessment of valvular dysfunction, patients with critical aortic 15,818
stenosis or congestive heart failure, and other patients 15,819
specified by the council. 15,820
(L) The public health council shall adopt all rules under 15,823
divisions (A) to (K) of this section in accordance with Chapter 15,825
119. of the Revised Code. The council may adopt other rules as 15,826
necessary to carry out the purposes of sections 3702.51 to 15,827
363
3702.62 of the Revised Code.
Sec. 3702.58. (A) The director of health shall designate 15,836
geographic regions of this state as health service areas and 15,837
shall designate one health service agency for each health service 15,838
area. All territory in this state shall be included in a health 15,839
service area, but no territory shall be included in more than one 15,840
health service area.
(B) The director shall designate as a health service area 15,842
any health service area that was so designated in accordance with 15,843
the former "National Health Planning and Resources Development 15,844
Act of 1974," 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of 15,845
November 13, 1986. The director shall designate as a health 15,846
service agency any health systems agency designated under such 15,847
former act that, on June 30, 1987, was performing the functions 15,849
of a health systems agency as provided for in such former act. 15,850
(C) The director may designate health service areas and 15,852
health service agencies in addition to those designated under 15,853
division (B) of this section, may revise the boundaries of health 15,854
service areas, and may revoke the designation of a health service 15,855
agency and designate a new health service agency for a health 15,856
service area. 15,857
Each health service agency designated under this division 15,860
shall be a nonprofit private corporation that is incorporated in 15,861
this state as a corporation that is exempt from federal income 15,862
taxation under subsection 501(a) and described in subsection 15,863
501(c)(3) of the "Internal Revenue Act of 1986," 100 Stat. 2085, 15,864
26 U.S.C.A. 1, as amended, that is not a subsidiary of, or 15,865
otherwise controlled by, any other private or public corporation 15,866
or other legal entity.
The board of trustees of each health service agency shall 15,869
be nominated and elected by the agency's membership in accordance 15,870
with procedures specified in the agency's by-laws. Each trustee 15,871
shall be a resident of the health service area served by the 15,872
agency, and any resident of the health service area age eighteen 15,873
364
or older is eligible to be nominated. The board of trustees 15,874
shall be broadly representative of the demographic
characteristics of the health service area, including the 15,875
geographic distribution and density of the population. 15,876
A majority of the trustees, but not more than seventy-five 15,879
per cent, shall represent consumers and major purchasers of 15,880
health care, including businesses and labor organizations, that 15,881
are not health care providers. All other trustees shall 15,882
represent health care providers and, to the extent practicable, 15,883
shall be representative of the variety of health care disciplines 15,884
and interests of the health service area. Only the trustees 15,885
representing health care consumers and purchasers may vote on 15,886
agency proceedings concerning a certificate of need application. 15,887
However, no such trustees shall vote on proceedings concerning a 15,888
certificate of need application if he THE TRUSTEE has a financial 15,889
interest in the outcome of the proceedings.
A health service agency's board of trustees may adopt 15,891
policies governing the agency's ability to sell health care 15,892
information and resources to the public, to engage in activities 15,893
on a fee-for-service basis, and to enter into contractual 15,894
arrangements. However, these policies do not affect the 15,895
requirements of division (H) of section 3702.52 of the Revised 15,897
Code with respect to the amount the director pays for the 15,898
agency's performance of any function described in division (D)(5) 15,899
of this section. No health service agency shall engage in any 15,900
fee-for-service activity with a health care facility. Each board 15,901
of trustees shall hire appropriate staff to perform duties 15,902
required by the board.
(D) The functions of health service agencies shall 15,904
include, but not be limited to: 15,905
(1) Performing functions related to the planning and 15,907
implementation of health care facilities and health care services 15,909
by:
(a) Identifying community health care needs and 15,911
365
establishing community-based priorities and implementation 15,912
strategies;
(b) Developing community-based plans to address identified 15,914
needs and priorities; 15,915
(c) Providing technical assistance on community health 15,917
care needs assessment and planning and implementation strategies 15,918
to entities responsible for the delivery of health care services; 15,919
(d) Serving as the community resource to ensure that all 15,921
concerned individuals and organizations of the community are 15,922
represented and afforded an opportunity to participate in the 15,923
planning and implementation of the health care systems and 15,924
services that best meet the needs of the citizens of the health 15,925
service area;
(e) Submitting to the director of health for inclusion in 15,927
the state health resources plan issued under section 3702.521 of 15,928
the Revised Code the local community-based health resources plan, 15,930
which shall contain an analysis of the distribution of all health 15,931
services, facilities, and other resources in the health service 15,932
area, including existing deficiencies and excesses in local
health resources; 15,933
(f) Submitting annually to the director a supplemental 15,935
report recommending changes to the state health resources plan as 15,936
it deems appropriate by the community health planning process. 15,937
(2) Performing functions related to monitoring of the 15,939
health care system in the health service area, including: 15,940
(a) Compiling, analyzing, and disseminating technical 15,942
information and data identifying statistical trends and gaps in 15,943
health care services;
(b) Evaluating progress toward meeting local and state 15,945
health care goals as established by their respective planning 15,946
processes;
(c) Serving as the health service area community health 15,948
information center by: 15,949
(i) Making available to the general public information 15,951
366
about the quality, including performance and outcomes, and cost 15,952
of, and access to, the health care delivery services and systems; 15,953
(ii) Maintaining copies of reports on utilization of, 15,955
participation in, and performance of health care reform 15,956
initiatives, including OhioCare, any health insurance access 15,957
programs, and other health care cost, quality, and access reform 15,958
program;
(iii) Maintaining copies of all reports required by state 15,960
agencies that pertain to health care services, utilization, and 15,961
cost.
(3) Conducting the following community activities: 15,963
(a) Informing and educating the public on health care 15,965
issues, concerns, and proposed solutions, such as educating the 15,966
public about the proper use of health care delivery reform 15,967
initiatives;
(b) Providing forums for solving problems, resolving 15,969
conflicts, and building consensus; 15,970
(c) Publishing and making available to the public reports 15,972
on health care utilization, cost, and quality of services; 15,973
(d) Establishing and maintaining educational programs and 15,975
other informational resources for promoting improvement in the 15,976
health of the residents in the health service area. 15,977
(4) Promoting improvements in the health of the residents 15,979
of the health service area by helping the community to: 15,980
(a) Plan for and implement improvements in cost, 15,982
accessibility, and quality of health care services; 15,983
(b) Minimize unnecessary duplication of health services 15,985
and technology; 15,986
(c) Promote competition where appropriate in the health 15,988
service area. 15,989
(5) Implementing the certificate of need program on the 15,991
local level by:
(a) Providing technical assistance to applicants for 15,993
certificates of need; 15,994
367
(b) Advising the director of health by conducting 15,997
community reviews of certificate of need applications based on 15,998
local and state health resources plans and criteria and standards 15,999
established by the public health council; 16,000
(c) Conducting public informational hearings on 16,002
certificate of need applications under division (B) of section 16,003
3702.52 of the Revised Code;
(d) Submitting to the director findings and 16,005
recommendations on certificate of need applications; 16,006
(e) Monitoring compliance with the granted certificates of 16,008
need in the health service area on behalf of the director; 16,010
(f) Reporting findings of monitoring activities in a 16,012
format determined by the director. 16,013
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 16,022
3702.62 of the Revised Code, this section applies to the review 16,023
of certificate of need applications during the period beginning 16,024
July 1, 1993, and ending June 30, 1999 2001. 16,025
(B)(1) Except as provided in division (B)(2) of this 16,027
section, the director of health shall neither grant nor deny any 16,028
application for a certificate of need submitted prior to July 1, 16,029
1993, if the application was for any of the following and the 16,031
director had not issued a written decision concerning the 16,032
application prior to that date:
(a) Approval of beds in a new health care facility or an 16,034
increase of beds in an existing health care facility, if the beds 16,035
are proposed to be licensed as nursing home beds under Chapter 16,036
3721. of the Revised Code; 16,037
(b) Approval of beds in a new county home or new county 16,039
nursing home as defined in section 5155.31 of the Revised Code, 16,040
or an increase of beds in an existing county home or existing 16,041
county nursing home, if the beds are proposed to be certified as 16,042
skilled nursing facility beds under Title XVIII or nursing 16,043
facility beds under Title XIX of the "Social Security Act," 49 16,044
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 16,045
368
(c) Recategorization of hospital beds as described in 16,047
section 3702.522 of the Revised Code, an increase of hospital 16,049
beds registered pursuant to section 3701.07 of the Revised Code 16,050
as long-term care beds or skilled nursing facility beds, or a 16,051
recategorization of hospital beds that would result in an 16,052
increase of beds registered pursuant to that section as long-term 16,053
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 16,056
application to the applicant and, notwithstanding section 3702.52 16,057
of the Revised Code regarding the uses of the certificate of need 16,058
fund, shall refund to the applicant the application fee paid 16,059
under that section. Applications returned under division (B)(1) 16,060
of this section may be resubmitted in accordance with section 16,061
3702.52 of the Revised Code no sooner than July 1, 1999 2001. 16,062
(2) The director shall continue to review and shall issue 16,064
a decision regarding any application submitted prior to July 1, 16,065
1993, to increase beds for either of the purposes described in 16,067
division (B)(1)(a) or (b) of this section if the proposed 16,068
increase in beds is attributable solely to a replacement or 16,069
relocation of existing beds within the same county. The director 16,070
shall authorize under such an application no additional beds 16,071
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 16,073
section, the director, during the period beginning July 1, 1993, 16,074
and ending June 30, 1999 2001, shall not accept for review under 16,075
section 3702.52 of the Revised Code any application for a 16,076
certificate of need for any of the purposes described in 16,077
divisions (B)(1)(a) to (c) of this section. 16,078
(2) The director shall accept for review any application 16,080
for either of the purposes described in division (B)(1)(a) or (b) 16,081
of this section if the proposed increase in beds is attributable 16,082
solely to a replacement or relocation of existing beds within the 16,083
same county. The director shall authorize under such an 16,084
application no additional beds beyond those being replaced or 16,085
369
relocated. The director also shall accept for review any 16,086
application that seeks certificate of need approval for existing 16,087
beds located in an infirmary that is operated exclusively by a 16,089
religious order, provides care exclusively to members of 16,090
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 16,091
care exclusively to members of such a religious order on January 16,092
1, 1994.
(D) The director shall issue a decision regarding any case 16,094
remanded by a court as the result of a decision issued by the 16,097
director prior to July 1, 1993, to grant, deny, or withdraw a 16,098
certificate of need for any of the purposes described in 16,099
divisions (B)(1)(a) to (c) of this section. 16,100
(E) The director shall not project the need for beds 16,102
listed in division (B)(1) of this section for the period 16,103
beginning July 1, 1993, and ending June 30, 1999 2001. 16,104
This section is an interim section effective until July 1, 16,106
1999 2001. 16,107
Sec. 3705.24. (A) Except as otherwise provided in this 16,116
division or division (G) of this section, the fee for a certified 16,118
copy of a vital record or for a certification of birth shall be
five SEVEN dollars plus any fee required by section 3109.14 of 16,120
the Revised Code. Except as provided in section 3705.241 of the 16,121
Revised Code, the fee for a certified copy of a vital record or 16,122
for a certification of birth issued by the office of vital 16,123
statistics shall be an amount prescribed by the public health 16,124
council plus any fee required by section 3109.14 of the Revised 16,125
Code. The fee for a certified copy of a vital record or for a 16,126
certification of birth issued by a health district shall be an 16,127
amount prescribed in accordance with section 3709.09 of the 16,128
Revised Code plus any fee required by section 3109.14 of the 16,129
Revised Code. No certified copy of a vital record or 16,130
certification of birth shall be issued without payment of the fee 16,131
unless otherwise specified by statute.
370
For a special search of the files and records to determine 16,133
a date or place contained in a record on file, the office of 16,134
vital statistics shall charge a fee of three dollars for each 16,135
hour or fractional part of an hour required for the search. 16,136
(B) Except as otherwise provided in division (G) of this 16,139
section, and except as provided in section 3705.241 of the 16,140
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 16,141
into the state treasury to the credit of the general operations 16,142
fund created by section 3701.83 of the Revised Code. Money 16,144
generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it. 16,145
Amounts submitted to the department of health for copies of vital 16,147
records or services in excess of the fees imposed by this section 16,148
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 16,150
retained by the department and deposited in the state treasury to 16,151
the credit of the general operations fund created by section 16,152
3701.83 of the Revised Code. 16,153
(2) An overpayment in excess of two dollars shall be 16,155
returned to the person who made the overpayment. 16,156
(C) If a local registrar is a salaried employee of a city 16,158
or a general health district, any fees the local registrar 16,159
receives pursuant to section 3705.23 of the Revised Code shall be 16,160
paid into the general fund of the city or the health fund of the 16,161
general health district. 16,162
Each local registrar of vital statistics, or each health 16,164
district where the local registrar is a salaried employee of the 16,165
district, shall be entitled to a fee for each birth, fetal death, 16,166
death, or military service certificate properly and completely 16,167
made out and registered with the local registrar or district and 16,168
correctly copied and forwarded to the office of vital statistics 16,170
in accordance with the population of the primary registration 16,171
district at the last federal census. The fee for each birth, 16,172
371
fetal death, death, or military service certificate shall be: 16,173
(1) In primary registration districts of over two hundred 16,175
fifty thousand, twenty cents; 16,176
(2) In primary registration districts of over one hundred 16,178
twenty-five thousand and less than two hundred fifty thousand, 16,179
sixty cents; 16,180
(3) In primary registration districts of over fifty 16,182
thousand and less than one hundred twenty-five thousand, eighty 16,183
cents; 16,184
(4) In primary registration districts of less than fifty 16,186
thousand, one dollar. 16,187
(D) The director of health shall annually certify to the 16,189
county treasurers of the several counties the number of birth, 16,190
fetal death, death, and military service certificates registered 16,191
from their respective counties with the names of the local 16,192
registrars and the amounts due each registrar and health district 16,193
at the rates fixed in this section. Such amounts shall be paid 16,194
by the treasurer of the county in which the registration 16,195
districts are located. No fees shall be charged or collected by 16,196
registrars except as provided by this chapter and section 3109.14 16,197
of the Revised Code. 16,198
(E) A probate judge shall be paid a fee of fifteen cents 16,200
for each certified abstract of marriage prepared and forwarded by 16,201
the probate judge to the department of health pursuant to section 16,202
3705.21 of the Revised Code. The fee shall be in addition to the 16,203
fee paid for a marriage license and shall be paid by the 16,204
applicants for the license. 16,205
(F) The clerk of a court of common pleas shall be paid a 16,207
fee of one dollar for each certificate of divorce, dissolution, 16,208
and annulment of marriage prepared and forwarded by the clerk to 16,209
the department pursuant to section 3705.21 of the Revised Code. 16,210
The fee for the certified abstract of divorce, dissolution, or 16,211
annulment of marriage shall be added to the court costs allowed 16,212
in these cases. 16,213
372
(G) The fee for an heirloom certification of birth issued 16,215
pursuant to division (B)(2) of section 3705.23 of the Revised 16,217
Code shall be an amount prescribed by rule by the director of 16,219
health plus any fee required by section 3109.14 of the Revised 16,220
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 16,221
offset the expense of processing heirloom certifications of 16,222
birth. The fee prescribed by the director of health pursuant to 16,224
this division shall be deposited into the state treasury to the 16,226
credit of the heirloom certification of birth fund which is 16,227
hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing 16,228
heirloom certifications of birth. However, the money collected 16,229
for the surcharge, subject to the approval of the controlling 16,230
board, shall be used for the purposes specified by the family and 16,231
children first council pursuant to section 121.37 of the Revised 16,232
Code.
Sec. 3721.025. IF THE OPERATOR OF A NURSING HOME CLAIMS TO 16,234
THE PUBLIC THAT THE NURSING HOME PROVIDES SPECIAL SERVICES THAT 16,235
ARE ABOVE THE MINIMUM SERVICES THAT MUST BE PROVIDED TO BE 16,236
LICENSED UNDER THIS CHAPTER AS A NURSING HOME, THE OPERATOR SHALL 16,237
SUBMIT TO THE DEPARTMENT OF HEALTH A WRITTEN DESCRIPTION OF THE 16,238
SPECIAL SERVICES PROVIDED. THE DEPARTMENT SHALL MAINTAIN A 16,239
REGISTRY CONTAINING ALL DESCRIPTIONS SUBMITTED UNDER THIS 16,240
SECTION. ON REQUEST, THE DEPARTMENT SHALL PROVIDE A COPY OF A 16,241
DESCRIPTION SUBMITTED UNDER THIS SECTION. 16,242
Sec. 3721.31. (A)(1) Except as provided in division (E) 16,251
of this section, the director of health shall approve competency 16,252
evaluation programs and training and competency evaluation 16,253
programs in accordance with rules adopted under section 3721.30 16,254
of the Revised Code and shall periodically review and reapprove 16,255
programs approved under this section. 16,256
(2) Except as otherwise provided in division (A)(3) of 16,258
this section, the director may approve and reapprove programs 16,259
373
conducted by or in long-term care facilities, or by any 16,260
government agency or person, including an employee organization. 16,261
(3) The director shall not approve or reapprove a 16,263
competency evaluation program or training and competency 16,264
evaluation program conducted by or in a long-term care facility 16,265
that was determined by the director or the United States 16,266
secretary of health and human services to have been out of 16,267
compliance with the requirements of subsection (b), (c), or (d) 16,268
of section 1819 or 1919 of the "Social Security Act," 49 Stat. 16,269
620 (1935), 42 U.S.C.A. 301, as amended, within a two-year period 16,270
prior to making application for approval or reapproval and shall 16,271
revoke the approval or reapproval of a program conducted by or in 16,272
a facility for which such a determination is made. 16,273
(4) A long-term care facility, employee organization, 16,275
person, or government entity seeking approval or reapproval of a 16,276
competency evaluation program or training and competency 16,277
evaluation program shall make an application to the director for 16,278
approval or reapproval of the program and shall provide any 16,279
documentation requested by the director. 16,280
(5) The director may conduct inspections and examinations 16,282
of approved competency evaluation programs and training and 16,283
competency evaluation programs, competency evaluation programs 16,284
and training and competency evaluation programs for which an 16,285
application for approval has been submitted under division (A)(4) 16,286
of this section, and the sites at which they are or will be 16,287
conducted. The director may conduct inspections of long-term 16,288
care facilities in which individuals who have participated in 16,289
approved competency evaluation programs and training and 16,290
competency evaluation programs are being used as nurse aides. 16,291
(B) In accordance with Chapter 119. of the Revised Code, 16,293
the director may do the following: 16,294
(1) Deny, suspend, or revoke approval or reapproval of any 16,296
of the following that is not in compliance with this section and 16,297
section 3721.30 of the Revised Code and rules adopted thereunder: 16,298
374
(a) A competency evaluation program; 16,300
(b) A training and competency evaluation program; 16,302
(c) A training program for instructors or coordinators for 16,304
training and competency evaluation programs; 16,305
(d) A training program for evaluators for competency 16,307
evaluation programs. 16,308
(2) Deny a request that he THE DIRECTOR determine either 16,310
ANY of the following for the purposes of division (B) of section 16,312
3721.28 of the Revised Code: 16,313
(a) That a program completed prior to the dates specified 16,315
in division (B)(3) of section 3721.28 of the Revised Code 16,316
included a competency evaluation component no less stringent than 16,317
the competency evaluation programs approved or conducted by him 16,318
THE DIRECTOR under this section, and was otherwise comparable to 16,320
the training and competency evaluation programs being approved 16,321
under this section; 16,322
(b) That an individual satisfies division (B)(5) of 16,324
section 3721.28 of the Revised Code; 16,325
(c) That an individual meets the conditions specified in 16,327
division (F) of section 3721.28 of the Revised Code. 16,328
(C) The director may develop and conduct a competency 16,330
evaluation program for individuals used by long-term care 16,331
facilities as nurse aides at any time during the period 16,332
commencing July 1, 1989, and ending January 1, 1990, and 16,333
individuals who participate in training and competency evaluation 16,334
programs conducted in or by long-term care facilities. The 16,335
director also may conduct other competency evaluation programs 16,336
and training and competency evaluation programs. When conducting 16,337
competency evaluation programs and training and competency 16,338
evaluation programs, the director may use a nurse aide competency 16,339
evaluation prepared by a national standardized testing service, 16,340
and may contract with the service to administer the evaluation 16,341
PURSUANT TO SECTION 3701.044 OF THE REVISED CODE. 16,342
(D) The director may approve or conduct programs to train 16,344
375
instructors and coordinators for training and competency 16,345
evaluation programs and evaluators for competency evaluation 16,346
programs. The director may conduct inspections and examinations 16,347
of those programs that have been approved by him THE DIRECTOR or 16,348
for which an application for approval has been submitted, and the 16,350
sites at which the programs are or will be conducted. 16,351
(E) Notwithstanding division (A) of this section and 16,353
division (C) of section 3721.30 of the Revised Code, the 16,354
director, in his THE DIRECTOR'S discretion, may decline to 16,355
approve any competency evaluation programs. The director may 16,357
require all individuals used by long-term care facilities as 16,358
nurse aides after June 1, 1990, who have completed a training and 16,359
competency evaluation program approved by the director under 16,360
division (A) of this section or who have met the conditions 16,361
specified in division (F) of section 3721.28 of the Revised Code 16,362
to complete a competency evaluation program conducted by the 16,363
director under division (C) of this section. The director also 16,364
may require all individuals used as nurse aides by long-term care 16,365
facilities after June 1, 1990, who were used by a facility at any 16,366
time during the period commencing July 1, 1989, and ending 16,367
January 1, 1990, to complete a competency evaluation program 16,368
conducted by the director under division (C) of this section 16,369
rather than a competency evaluation program approved by him THE 16,370
DIRECTOR under division (A) of this section. 16,371
(F) The director shall not disclose test materials, 16,373
examinations, or evaluative EVALUATION tools used in any 16,374
competency evaluation program or training and competency 16,376
evaluation program that he THE DIRECTOR conducts or approves 16,377
under this section to any person or government entity, except as 16,378
he determines to be necessary for administration and enforcement 16,380
of this chapter and rules adopted under this chapter. The test 16,381
materials, examinations, and evaluative tools are not public 16,382
records for the purpose of section 149.43 of the Revised Code, 16,383
and are not subject to inspection or copying under THE 16,384
376
CONFIDENTIALITY PROVISIONS OF section 1347.08 3701.044 of the 16,385
Revised Code.
(G) The director shall impose fees prescribed by rules 16,387
adopted under section 3721.30 of the Revised Code for both of the 16,388
following: 16,389
(1) Making application for approval or reapproval of 16,391
either of the following: 16,392
(a) A competency evaluation program or a training and 16,394
competency evaluation program; 16,395
(b) A training program for instructors or coordinators for 16,397
training and competency evaluation programs, or evaluators for 16,398
competency evaluation programs; 16,399
(2) Participation in any competency evaluation program, 16,401
training and competency evaluation program, or other program 16,402
conducted by the director under this section. 16,403
If the director contracts with a national standardized 16,405
testing service pursuant to division (C) of this section for 16,406
administration by the service of a competency evaluation of nurse 16,407
aides, the director may authorize the service to collect and 16,408
retain fees in the amounts prescribed under the rules adopted by 16,409
the director under section 3721.30 of the Revised Code. 16,410
Sec. 3721.33. (A) Except as provided in division (B) of 16,419
this section FOR ANY FEE COLLECTED AND RETAINED BY A TESTING 16,420
SERVICE UNDER CONTRACT PURSUANT TO DIVISION (C) OF SECTION 16,421
3721.31 OF THE REVISED CODE, all fees collected under section 16,422
3721.31 of the Revised Code shall be deposited in the state 16,423
treasury to the credit of the nurse aide training fund, which is
hereby created. The moneys in the fund shall be used solely for 16,424
the purposes set forth in sections 3721.28 to 3721.32 of the 16,425
Revised Code and rules adopted thereunder. 16,426
(B) A national standardized testing service that collects 16,428
and retains fees under a contract described in division (G) of 16,429
section 3721.31 of the Revised Code is not required to deposit 16,430
the fees in the state treasury.
377
Sec. 3722.01. (A) As used in this chapter: 16,439
(1) "Owner" means the person who owns the business of and 16,441
who ultimately controls the operation of an adult care facility 16,442
and to whom the manager, if different from the owner, is 16,443
responsible. 16,444
(2) "Manager" means the person responsible for the daily 16,446
operation of an adult care facility. The manager and the owner 16,447
of a facility may be the same person. 16,448
(3) "Adult" means an individual eighteen years of age or 16,450
older. 16,451
(4) "Unrelated" means that an adult resident is not 16,453
related to the owner or manager of an adult care facility or to 16,454
his THE OWNER'S OR MANAGER'S spouse as a parent, grandparent, 16,455
child, stepchild, grandchild, brother, sister, niece, nephew, 16,457
aunt, or uncle, or as the child of an aunt or uncle. 16,458
(5) "Skilled nursing care" means skilled nursing care as 16,460
defined in section 3721.01 of the Revised Code. 16,461
(6)(a) "Personal care services" means services including, 16,463
but not limited to, the following: 16,464
(i) Assisting residents with activities of daily living; 16,466
(ii) Assisting residents with self-administration of 16,468
medication, in accordance with rules adopted by the public health 16,469
council pursuant to this chapter; 16,470
(iii) Preparing special diets, other than complex 16,472
therapeutic diets, for residents pursuant to the instructions of 16,473
a physician or a licensed dietitian, in accordance with rules 16,474
adopted by the public health council pursuant to this chapter. 16,475
(b) "Personal care services" does not include "skilled 16,477
nursing care" as defined in section 3721.01 of the Revised Code. 16,478
A facility need not provide more than one of the services listed 16,479
in division (A)(6)(a) of this section to be considered to be 16,480
providing personal care services. 16,481
(7) "Adult family home" means a residence or facility that 16,483
provides accommodations to three to five unrelated adults and 16,484
378
supervision and personal care services to at least three of those 16,485
adults. 16,486
(8) "Adult group home" means a residence or facility that 16,488
provides accommodations to six to sixteen unrelated adults and 16,489
provides supervision and personal care services to at least three 16,490
of the unrelated adults. 16,491
(9) "Adult care facility" means an adult family home or an 16,493
adult group home. For the purposes of this chapter, any 16,494
residence, facility, institution, hotel, congregate housing 16,495
project, or similar facility that provides accommodations and 16,496
supervision to three to sixteen unrelated adults, at least three 16,497
of whom are provided personal care services, is an adult care 16,498
facility regardless of how the facility holds itself out to the 16,499
public. "Adult care facility" does not include: 16,500
(a) A facility operated by a hospice care program licensed 16,502
under section 3712.04 of the Revised Code that is used 16,503
exclusively for care of hospice patients; 16,504
(b) A nursing home, residential care facility, or home for 16,507
the aging as defined in section 3721.01 of the Revised Code; 16,508
(c) A community alternative home as defined in section 16,510
3724.01 of the Revised Code; 16,511
(d) An alcohol and drug addiction program as defined in 16,513
section 3793.01 of the Revised Code; 16,514
(e) A habilitation center as defined in section 5123.041 16,516
of the Revised Code; 16,517
(f) A residential facility for the mentally ill licensed 16,519
by the department of mental health under section 5119.22 of the 16,520
Revised Code; 16,521
(g) A facility licensed to provide methadone treatment 16,523
under section 3793.11 of the Revised Code; 16,524
(h) A residential facility licensed under section 5123.19 16,526
of the Revised Code or otherwise regulated by the department of 16,527
mental retardation and developmental disabilities; 16,528
(i) Any residence, institution, hotel, congregate housing 16,530
379
project, or similar facility that provides personal care services 16,531
to fewer than three residents or that provides, for any number of 16,532
residents, only housing, housekeeping, laundry, meal preparation, 16,533
social or recreational activities, maintenance, security, 16,534
transportation, and similar services that are not personal care 16,535
services or skilled nursing care; 16,536
(j) Any facility that receives funding for operating costs 16,538
from the department of development under any program established 16,539
to provide emergency shelter housing or transitional housing for 16,540
the homeless; 16,541
(k) A terminal care facility for the homeless that has 16,543
entered into an agreement with a hospice care program under 16,544
section 3712.07 of the Revised Code; 16,545
(l) A facility approved by the veterans administration 16,547
under section 104(a) of the "Veterans Health Care Amendments of 16,548
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used 16,549
exclusively for the placement and care of veterans; 16,550
(m) Until January 1, 1994, the portion of a facility in 16,552
which care is provided exclusively to members of a religious 16,553
order if the facility is owned by or part of a nonprofit 16,554
institution of higher education authorized to award degrees by 16,555
the Ohio board of regents under Chapter 1713. of the Revised 16,556
Code. 16,557
(10) "Residents' rights advocate" means: 16,559
(a) An employee or representative of any state or local 16,561
government entity that has a responsibility for residents of 16,562
adult care facilities and has registered with the department of 16,563
health under section 3701.07 of the Revised Code; 16,564
(b) An employee or representative, other than a manager or 16,566
employee of an adult care facility or nursing home, of any 16,567
private nonprofit corporation or association that qualifies for 16,568
tax-exempt status under section 501(a) of the "Internal Revenue 16,569
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, 16,570
that has registered with the department of health under section 16,571
380
3701.07 of the Revised Code, and whose purposes include educating 16,572
and counseling residents, assisting residents in resolving 16,573
problems and complaints concerning their care and treatment, and 16,574
assisting them in securing adequate services. 16,575
(11) "Sponsor" means an adult relative, friend, or 16,577
guardian of a resident of an adult care facility who has an 16,578
interest in or responsibility for the resident's welfare. 16,579
(12) "Ombudsman OMBUDSPERSON" means a "representative of 16,581
the office of the state long-term care ombudsman OMBUDSPERSON 16,583
program" as defined in section 173.14 of the Revised Code. 16,585
(13) "MENTAL HEALTH AGENCY" MEANS A MENTAL HEALTH AGENCY, 16,587
AS DEFINED IN SECTION 5119.22 OF THE REVISED CODE, UNDER CONTRACT 16,589
WITH A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 16,590
SERVICES PURSUANT TO DIVISION (A)(6)(a) OF SECTION 340.03 OF THE 16,591
REVISED CODE.
(B) For purposes of this chapter, personal care services 16,593
or skilled nursing care shall be considered to be provided by a 16,594
facility if they are provided by a person employed by or 16,595
associated with the facility or by another person pursuant to an 16,596
agreement to which neither the resident who receives the services 16,597
nor his THE RESIDENT'S sponsor is a party. 16,598
(C) Nothing in division (A)(6) of this section shall be 16,600
construed to permit personal care services to be imposed upon a 16,601
resident who is capable of performing the activity in question 16,602
without assistance. 16,603
Sec. 3722.011. All medication taken by residents of an 16,612
adult care facility shall be self-administered, except that 16,613
medication may be administered to a resident by a home health 16,614
agency, hospice care program, or nursing home staff, MENTAL 16,615
HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 16,616
HEALTH SERVICES under division (B) of section 3722.16 of the 16,618
Revised Code. Members of the staff of an adult care facility 16,619
shall not administer medication to residents. No person shall be 16,620
admitted to or retained by an adult care facility unless the 16,621
381
person is capable of taking his THE PERSON'S own medication and 16,622
biologicals, as determined in writing by the person's personal 16,624
physician, except that a person may be admitted to or retained by 16,625
such a facility if his THE PERSON'S medication is administered by 16,627
a home health agency, hospice care program, or nursing home 16,628
staff, MENTAL HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, 16,629
AND MENTAL HEALTH SERVICES under division (B) of section 3722.16 16,631
of the Revised Code. Members of the staff of an adult care 16,632
facility may do any of the following:
(A) Remind a resident when to take medication and watch to 16,634
ensure that the resident follows the directions on the container; 16,635
(B) Assist a resident in the self-administration of 16,637
medication by taking the medication from the locked area where it 16,638
is stored, in accordance with rules adopted by the public health 16,639
council pursuant to this chapter, and handing it to the resident. 16,640
If the resident is physically unable to open the container, a 16,641
staff member may open the container for the resident. 16,642
(C) Assist a physically impaired but mentally alert 16,644
resident, such as a resident with arthritis, cerebral palsy, or 16,645
Parkinson's disease, in removing oral or topical medication from 16,646
containers and in consuming or applying the medication, upon 16,647
request by or with the consent of the resident. If a resident is 16,648
physically unable to place a dose of medicine to his THE 16,649
RESIDENT'S mouth without spilling it, a staff member may place 16,651
the dose in a container and place the container to the mouth of 16,652
the resident.
Sec. 3722.10. (A) The public health council shall have 16,661
the exclusive authority to adopt and shall, not later than 16,662
November 15, 1991, adopt rules in accordance with Chapter 119. of 16,663
the Revised Code governing the licensing and operation of adult 16,664
care facilities. The rules shall specify: 16,665
(1) Procedures for the issuance, renewal, and revocation 16,667
of licenses and temporary licenses, for the granting and denial 16,668
of waivers, and for the issuance and termination of orders of 16,669
382
suspension of admission pursuant to section 3722.07 of the 16,670
Revised Code; 16,671
(2) The qualifications required for owners, managers, and 16,673
employees of adult care facilities, including character, 16,674
training, education, experience, and financial resources and the 16,675
number of staff members required in a facility; 16,676
(3) Adequate space, equipment, safety, and sanitation 16,678
standards for the premises of adult care facilities, and fire 16,679
protection standards for adult family homes as required by 16,680
section 3722.041 of the Revised Code; 16,681
(4) The personal, social, dietary, and recreational 16,683
services to be provided to each resident of adult care 16,685
facilities. In the case of an adult care facility providing
personal care services to one or more individuals with mental 16,686
illness or with severe mental disabilities who are referred by or 16,687
are receiving mental health services from a mental health agency, 16,688
as defined in section 5119.22 of the Revised Code, the rules 16,689
shall require an affiliation agreement between the adult care 16,691
facility and the community mental health board or an affiliation 16,693
agreement approved by the community mental health board between 16,694
the adult care facility and the mental health agency. The 16,696
affiliation agreement must be consistent with the residential 16,697
portion of the community mental health plan submitted pursuant to 16,698
section 340.03 of the Revised Code.; 16,699
(5) Rights of residents of adult care facilities, in 16,701
addition to the rights enumerated under section 3722.12 of the 16,702
Revised Code, and procedures to protect and enforce the rights of 16,703
these residents; 16,704
(6) Provisions for keeping records of residents and for 16,706
maintaining the confidentiality of the records as required by 16,707
division (B) of section 3722.12 of the Revised Code. The 16,708
provisions for maintaining the confidentiality of records shall, 16,709
at the minimum, meet the requirements for maintaining the 16,710
confidentiality of records under Title XIX of the "Social 16,711
383
Security Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and 16,712
regulations promulgated thereunder. 16,713
(7) Measures to be taken by adult care facilities relative 16,715
to residents' medication, including policies and procedures 16,716
concerning medication, storage of medication in a locked area, 16,717
and disposal of medication and assistance with 16,718
self-administration of medication, if the facility provides 16,719
assistance; 16,720
(8) Requirements for initial and periodic health 16,722
assessments of prospective and current adult care facility 16,723
residents by physicians or other health professionals to ensure 16,724
that they do not require a level of care beyond that which is 16,725
provided by the adult care facility, including assessment of 16,726
their capacity to self-administer the medications prescribed for 16,727
them; 16,728
(9) Requirements relating to preparation of special diets; 16,730
(10) The amount of the fees for new and renewal license 16,732
applications made pursuant to sections 3722.02 and 3722.04 of the 16,733
Revised Code; 16,734
(11) Measures to be taken by any employee of the state or 16,736
any political subdivision of the state authorized by this chapter 16,737
to enter an adult care facility to inspect the facility or for 16,738
any other purpose, to ensure that the employee respects the 16,739
privacy and dignity of residents of the facility, cooperates with 16,740
residents of the facility and behaves in a congenial manner 16,741
toward them, and protects the rights of residents; 16,742
(12) HOW AN OWNER OR MANAGER OF AN ADULT CARE FACILITY IS 16,746
TO COMPLY WITH SECTION 3722.18 OF THE REVISED CODE. THE RULES
SHALL DO AT LEAST ALL OF THE FOLLOWING: 16,747
(a) ESTABLISH THE PROCEDURES AN OWNER OR MANAGER IS TO 16,749
FOLLOW UNDER DIVISION (A)(2) OF SECTION 3722.18 OF THE REVISED 16,750
CODE REGARDING REFERRALS TO THE FACILITY OF PROSPECTIVE RESIDENTS 16,751
WITH MENTAL ILLNESS OR SEVERE MENTAL DISABILITY AND EFFECTIVE 16,752
ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES FOR SUCH 16,753
384
PROSPECTIVE RESIDENTS. THE PROCEDURES MAY PROVIDE FOR ANY OF THE
FOLLOWING: 16,754
(i) THAT THE OWNER OR MANAGER SIGN WRITTEN AGREEMENTS WITH 16,756
THE MENTAL HEALTH AGENCIES AND BOARDS OF ALCOHOL, DRUG ADDICTION, 16,757
AND MENTAL HEALTH SERVICES THAT REFER SUCH PROSPECTIVE RESIDENTS 16,758
TO THE FACILITY. EACH AGREEMENT SHALL COVER ALL SUCH PROSPECTIVE 16,759
RESIDENTS REFERRED BY THE AGENCY OR BOARD WITH WHICH THE OWNER OR 16,760
MANAGER ENTERS INTO THE AGREEMENT.
(ii) THAT THE OWNER OR MANAGER SIGN AN INDIVIDUAL SERVICE 16,762
PLAN FOR EACH SUCH PROSPECTIVE RESIDENT REFERRED TO THE FACILITY; 16,763
(iii) ANY OTHER PROCESS REGARDING REFERRALS AND EFFECTIVE 16,765
ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES. 16,766
(b) SPECIFY THE DATE AN OWNER OR MANAGER MUST BEGIN TO 16,768
FOLLOW THE PROCEDURES ESTABLISHED BY DIVISION (A)(12)(a) OF THIS 16,769
SECTION; 16,770
(c) PROVIDE FOR MONITORING TO ENSURE THAT THE PROCEDURES 16,772
ESTABLISHED BY DIVISION (A)(12)(a) OF THIS SECTION ARE FOLLOWED 16,774
CORRECTLY.
(13) Any other rules necessary for the administration and 16,777
enforcement of this chapter. 16,778
(B) AFTER CONSULTING WITH RELEVANT CONSTITUENCIES, THE 16,780
DIRECTOR OF MENTAL HEALTH SHALL PREPARE AND SUBMIT TO THE PUBLIC 16,781
HEALTH COUNCIL RECOMMENDATIONS FOR THE CONTENT OF RULES TO BE 16,782
ADOPTED UNDER DIVISION (A)(12) OF THIS SECTION. AFTER REVIEWING 16,783
THE DIRECTOR OF MENTAL HEALTH'S RECOMMENDATIONS AND NOT LATER 16,785
THAN JULY 1, 2000, THE PUBLIC HEALTH COUNCIL SHALL ADOPT THE
RULES. 16,786
(C) The director of health shall advise adult care 16,788
facilities regarding compliance with the requirements of this 16,789
chapter and with the rules adopted pursuant to this chapter. 16,790
(C)(D) Any duty or responsibility imposed upon the 16,792
director of health by this chapter may be carried out by an 16,793
employee of the department of health. 16,794
(D)(E) Employees of the department of health may enter, 16,796
385
for the purposes of investigation, any institution, residence, 16,797
facility, or other structure which has been reported to the 16,798
department as, or that the department has reasonable cause to 16,799
believe is, operating as an adult care facility without a valid 16,800
license. 16,801
Sec. 3722.15. (A) Employees THE FOLLOWING MAY ENTER AN 16,810
ADULT CARE FACILITY AT ANY TIME: 16,811
(1) EMPLOYEES designated by the director of health, 16,814
employees;
(2) EMPLOYEES designated by the director of aging, 16,816
employees; 16,817
(3) EMPLOYEES designated by the attorney general, 16,820
employees;
(4) EMPLOYEES designated by a county department of human 16,823
services to implement sections 5101.60 to 5101.71 of the Revised 16,824
Code, and persons;
(5) PERSONS employed pursuant to division (M) of section 16,827
173.01 of the Revised Code in the long-term care facilities 16,828
ombudsman OMBUDSPERSON program may enter any adult care facility 16,830
at any time. These;
(6) EMPLOYEES OF THE DEPARTMENT OF MENTAL HEALTH 16,832
DESIGNATED BY THE DIRECTOR OF MENTAL HEALTH; 16,833
(7) EMPLOYEES OF A MENTAL HEALTH AGENCY, IF THE AGENCY HAS 16,837
A CLIENT RESIDING IN THE FACILITY;
(8) EMPLOYEES OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND 16,839
MENTAL HEALTH SERVICES, IF AN INDIVIDUAL RECEIVING MENTAL HEALTH 16,841
SERVICES PROVIDED BY THE BOARD PURSUANT TO DIVISION (A)(6)(b) OF 16,842
SECTION 340.03 OF THE REVISED CODE OR A MENTAL HEALTH AGENCY 16,843
UNDER CONTRACT WITH THE BOARD RESIDES IN THE FACILITY. 16,844
THESE employees shall be afforded access to all records of 16,848
the facility, including records pertaining to residents, and may 16,849
copy the records. Neither these employees nor the director of 16,850
health shall release, without consent, any information obtained 16,851
from the records of an adult care facility that reasonably would 16,852
386
tend to identify a specific resident of the facility, except as 16,853
ordered by a court of competent jurisdiction. 16,854
(B) The following persons may enter any adult care 16,856
facility during reasonable hours: 16,857
(1) A resident's sponsor; 16,859
(2) Residents' rights advocates; 16,861
(3) A resident's attorney; 16,863
(4) A minister, priest, rabbi, or other person ministering 16,865
to a resident's religious needs; 16,866
(5) A physician or other person providing health care 16,868
services to a resident; 16,869
(6) Employees authorized by county departments of human 16,871
services and local boards of health or health departments to 16,872
enter adult care facilities; 16,873
(7) A prospective resident and his PROSPECTIVE RESIDENT'S 16,875
sponsor. 16,876
(C) The manager of an adult care facility may require a 16,878
person seeking to enter the facility to present identification 16,879
sufficient to identify him THE PERSON as an authorized person 16,880
under this section. 16,882
Sec. 3722.16. (A) No person shall: 16,891
(1) Operate an adult care facility unless the facility is 16,893
validly licensed by the director of health under section 3722.04 16,894
of the Revised Code; 16,895
(2) Admit to an adult care facility more residents than 16,897
the number authorized in the facility's license; 16,898
(3) Admit a resident to an adult care facility after the 16,900
director has issued an order pursuant to section 3722.07 of the 16,901
Revised Code suspending admissions to the facility. Violation of 16,902
division (A)(3) of this section is cause for revocation of the 16,903
facility's license. 16,904
(4) Interfere with any authorized inspection of an adult 16,906
care facility conducted pursuant to section 3722.02 or 3722.04 of 16,907
the Revised Code; 16,908
387
(5) Violate any of the provisions of this chapter or any 16,910
of the rules adopted pursuant to it. 16,911
(B) No adult care facility shall provide, or admit or 16,913
retain any resident in need of, skilled nursing care unless all 16,914
of the following are the case: 16,915
(1) The care will be provided on a part-time, intermittent 16,917
basis for not more than a total of one hundred twenty days in any 16,918
twelve-month period by one or more of the following: 16,919
(a) A home health agency certified under Title XVIII of 16,921
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 16,922
as amended; 16,923
(b) A hospice care program licensed under Chapter 3712. of 16,925
the Revised Code; 16,926
(c) A nursing home licensed under Chapter 3721. of the 16,928
Revised Code and owned and operated by the same person and 16,929
located on the same site as the adult care facility; 16,930
(d) A MENTAL HEALTH AGENCY OR, PURSUANT TO DIVISION 16,933
(A)(6)(b) OF SECTION 340.03 OF THE REVISED CODE, A BOARD OF
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES. 16,935
(2) The staff of the home health agency, hospice care 16,937
program, or nursing home, MENTAL HEALTH AGENCY, OR BOARD OF 16,938
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES does not 16,939
train facility staff to provide the skilled nursing care; 16,941
(3) The individual to whom the skilled nursing care is 16,943
provided is suffering from a short-term illness; 16,944
(4) If the skilled nursing care is to be provided by the 16,946
nursing staff of a nursing home, all of the following are the 16,947
case: 16,948
(a) The adult care facility evaluates the individual 16,950
receiving the skilled nursing care at least once every seven days 16,951
to determine whether he THE INDIVIDUAL should be transferred to a 16,953
nursing home;
(b) The adult care facility meets at all times staffing 16,955
requirements established by rules adopted under section 3722.10 16,956
388
of the Revised Code; 16,957
(c) The nursing home does not include the cost of 16,959
providing skilled nursing care to the adult care facility 16,960
residents in a cost report filed under section 5111.26 of the 16,961
Revised Code; 16,962
(d) The nursing home meets at all times the nursing home 16,964
licensure staffing ratios established by rules adopted under 16,965
section 3721.04 of the Revised Code; 16,966
(e) The nursing home staff providing skilled nursing care 16,968
to adult care facility residents are registered nurses or 16,969
licensed practical nurses licensed under Chapter 4723. of the 16,970
Revised Code and meet the personnel qualifications for nursing 16,971
home staff established by rules adopted under section 3721.04 of 16,972
the Revised Code; 16,973
(f) The skilled nursing care is provided in accordance 16,975
with rules established for nursing homes under section 3721.04 of 16,976
the Revised Code; 16,977
(g) The nursing home meets the skilled nursing care needs 16,979
of the adult care facility residents; 16,980
(h) Using the nursing home's nursing staff does not 16,982
prevent the nursing home or adult care facility from meeting the 16,983
needs of the nursing home and adult care facility residents in a 16,984
quality and timely manner. 16,985
Notwithstanding section 3721.01 of the Revised Code, an 16,987
adult care facility in which residents receive skilled nursing 16,988
care as described in division (B) of this section is not a 16,989
nursing home. No adult care facility shall provide skilled 16,990
nursing care. 16,991
(C) A home health agency or hospice care program that 16,993
provides skilled nursing care pursuant to division (B) of this 16,994
section may not be associated with the adult care facility unless 16,995
the facility is part of a home for the aged as defined in section 16,996
5701.13 of the Revised Code or the adult care facility is owned 16,997
and operated by the same person and located on the same site as a 16,998
389
nursing home licensed under Chapter 3721. of the Revised Code 16,999
that is associated with the home health agency or hospice care 17,000
program. In addition, the following requirements shall be met: 17,001
(1) The adult care facility shall evaluate the individual 17,003
receiving the skilled nursing care not less than once every seven 17,004
days to determine whether he THE INDIVIDUAL should be transferred 17,006
to a nursing home; 17,007
(2) If the costs of providing the skilled nursing care are 17,009
included in a cost report filed pursuant to section 5111.26 of 17,010
the Revised Code by the nursing home that is part of the same 17,011
home for the aged, the home health agency or hospice care program 17,012
shall not seek reimbursement for the care under the medical 17,013
assistance program established under Chapter 5111. of the Revised 17,014
Code. 17,015
(D)(1) No person knowingly shall place or recommend 17,017
placement of any person in an adult care facility that is 17,018
operating without a license. 17,019
(2) No employee of a unit of local or state government or 17,021
a community, BOARD OF ALCOHOL, DRUG ADDICTION, AND mental health 17,023
board or SERVICES, mental health agency, OR PASSPORT 17,025
ADMINISTRATIVE AGENCY shall place or recommend placement of any 17,026
person in an adult care facility if the employee knows that the 17,027
facility cannot meet the needs of the potential resident. 17,028
(3) No person who has reason to believe that an adult care 17,030
facility is operating without a license shall fail to report this 17,031
information to the director of health. 17,032
(E) In accordance with Chapter 119. of the Revised Code, 17,035
the public health council shall adopt rules that define a 17,036
short-term illness for purposes of division (B)(3) of this 17,037
section and specify, consistent with rules pertaining to home 17,038
health care adopted by the director of human services under the 17,039
medical assistance program established under Chapter 5111. of the 17,040
Revised Code and Title XIX of the "Social Security Act," 49 Stat. 17,041
620 (1935), 42 U.S.C. 301, as amended, what constitutes a 17,042
390
part-time, intermittent basis for purposes of division (B)(1) of 17,043
this section. 17,044
Sec. 3722.18. BEFORE AN ADULT CARE FACILITY ADMITS A 17,046
PROSPECTIVE RESIDENT WHO THE OWNER OR MANAGER OF THE FACILITY 17,047
KNOWS HAS BEEN ASSESSED AS HAVING A MENTAL ILLNESS OR SEVERE 17,048
MENTAL DISABILITY, THE OWNER OR MANAGER SHALL DO THE FOLLOWING IN 17,049
ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (A)(12) OF SECTION 17,050
3722.10 OF THE REVISED CODE:
(A) IF THE PROSPECTIVE RESIDENT IS REFERRED TO THE 17,052
FACILITY BY A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 17,053
ADDICTION, AND MENTAL HEALTH SERVICES, DO THE FOLLOWING: 17,054
(1) EXCEPT IN AN EMERGENCY AND ONLY UNTIL THE DATE AN 17,056
OWNER OR MANAGER OF AN ADULT CARE FACILITY MUST BEGIN TO FOLLOW 17,057
PROCEDURES UNDER DIVISION (A)(2) OF THIS SECTION, ENTER INTO AN 17,058
AFFILIATION AGREEMENT WITH THE AGENCY OR BOARD. AN AFFILIATION 17,059
AGREEMENT WITH THE AGENCY IS SUBJECT TO THE BOARD'S APPROVAL. AN 17,060
AFFILIATION AGREEMENT MUST BE CONSISTENT WITH THE RESIDENTIAL 17,061
PORTION OF THE BOARD'S COMMUNITY MENTAL HEALTH PLAN SUBMITTED TO
THE DEPARTMENT OF MENTAL HEALTH UNDER SECTION 340.03 OF THE 17,062
REVISED CODE.
(2) BEGINNING ON THE DATE SPECIFIED IN RULES ADOPTED UNDER 17,064
DIVISION (A)(12) OF SECTION 3722.10 OF THE REVISED CODE, FOLLOW 17,065
PROCEDURES ESTABLISHED IN THOSE RULES REGARDING REFERRALS AND 17,066
EFFECTIVE ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES. 17,067
(B) IF THE PROSPECTIVE RESIDENT IS NOT REFERRED TO THE 17,069
FACILITY BY A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 17,070
ADDICTION, AND MENTAL HEALTH SERVICES, DOCUMENT THAT THE OWNER OR 17,071
MANAGER HAS OFFERED TO ASSIST THE PROSPECTIVE RESIDENT IN 17,072
OBTAINING APPROPRIATE MENTAL HEALTH SERVICES.
Sec. 3734.02. (A) The director of environmental 17,081
protection, in accordance with Chapter 119. of the Revised Code, 17,082
shall adopt and may amend, suspend, or rescind rules having 17,083
uniform application throughout the state governing solid waste 17,084
facilities and the inspections of and issuance of permits and 17,085
391
licenses for all solid waste facilities in order to ensure that 17,086
the facilities will be located, maintained, and operated, and 17,087
will undergo closure and post-closure care, in a sanitary manner 17,088
so as not to create a nuisance, cause or contribute to water 17,089
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 17,090
or 40 C.F.R. 257.3-8, as amended. The rules may include, without 17,091
limitation, financial assurance requirements for closure and 17,092
post-closure care and corrective action and requirements for 17,093
taking corrective action in the event of the surface or 17,094
subsurface discharge or migration of explosive gases or leachate 17,095
from a solid waste facility, or of ground water contamination 17,096
resulting from the transfer or disposal of solid wastes at a 17,097
facility, beyond the boundaries of any area within a facility 17,098
that is operating or is undergoing closure or post-closure care 17,099
where solid wastes were disposed of or are being disposed of. 17,100
The rules shall not concern or relate to personnel policies, 17,101
salaries, wages, fringe benefits, or other conditions of 17,102
employment of employees of persons owning or operating solid 17,103
waste facilities. The director, in accordance with Chapter 119. 17,104
of the Revised Code, shall adopt and may amend, suspend, or 17,105
rescind rules governing the issuance, modification, revocation, 17,106
suspension, or denial of variances from the director's solid 17,107
waste rules, including, without limitation, rules adopted under 17,109
this chapter governing the management of scrap tires. 17,110
Variances shall be issued, modified, revoked, suspended, or 17,112
rescinded in accordance with this division, rules adopted under 17,113
it, and Chapter 3745. of the Revised Code. The director may 17,114
order the person to whom a variance is issued to take such action 17,115
within such time as the director may determine to be appropriate 17,116
and reasonable to prevent the creation of a nuisance or a hazard 17,117
to the public health or safety or the environment. Applications 17,118
for variances shall contain such detail plans, specifications, 17,119
and information regarding objectives, procedures, controls, and 17,120
other pertinent data as the director may require. The director 17,121
392
shall grant a variance only if the applicant demonstrates to the 17,122
director's satisfaction that construction and operation of the 17,123
solid waste facility in the manner allowed by the variance and 17,124
any terms or conditions imposed as part of the variance will not 17,125
create a nuisance or a hazard to the public health or safety or 17,126
the environment. In granting any variance, the director shall 17,127
state the specific provision or provisions whose terms are to be 17,128
varied and also shall state specific terms or conditions imposed 17,129
upon the applicant in place of the provision or provisions. The 17,130
director may hold a public hearing on an application for a 17,131
variance or renewal of a variance at a location in the county 17,132
where the operations that are the subject of the application for 17,133
the variance are conducted. The director shall give not less 17,134
than twenty days' notice of the hearing to the applicant by 17,135
certified mail and shall publish at least one notice of the 17,136
hearing in a newspaper with general circulation in the county 17,137
where the hearing is to be held. The director shall make 17,138
available for public inspection at the principal office of the 17,139
environmental protection agency a current list of pending 17,140
applications for variances and a current schedule of pending 17,141
variance hearings. The director shall make a complete 17,142
stenographic record of testimony and other evidence submitted at 17,143
the hearing. Within ten days after the hearing, the director 17,144
shall make a written determination to issue, renew, or deny the 17,145
variance and shall enter the determination and the basis for it 17,146
into the record of the hearing. The director shall issue, renew, 17,147
or deny an application for a variance or renewal of a variance 17,148
within six months of the date upon which the director receives a 17,149
complete application with all pertinent information and data 17,150
required. No variance shall be issued, revoked, modified, or 17,151
denied until the director has considered the relative interests 17,152
of the applicant, other persons and property affected by the 17,153
variance, and the general public. Any variance granted under 17,154
this division shall be for a period specified by the director and 17,155
393
may be renewed from time to time on such terms and for such 17,156
periods as the director determines to be appropriate. No 17,157
application shall be denied and no variance shall be revoked or 17,158
modified without a written order stating the findings upon which 17,159
the denial, revocation, or modification is based. A copy of the 17,160
order shall be sent to the applicant or variance holder by 17,161
certified mail. 17,162
(B) The director shall prescribe and furnish the forms 17,164
necessary to administer and enforce this chapter. The director 17,165
may cooperate with and enter into agreements with other state, 17,166
local, or federal agencies to carry out the purposes of this 17,167
chapter. The director may exercise all incidental powers 17,168
necessary to carry out the purposes of this chapter. 17,169
The director may use moneys in the infectious waste 17,171
management fund created in section 3734.021 of the Revised Code 17,172
exclusively for administering and enforcing the provisions of 17,173
this chapter governing the management of infectious wastes. Of 17,174
each registration and renewal fee collected under rules adopted 17,175
under division (A)(2)(a) of section 3734.021 or under section 17,176
3734.022 of the Revised Code, the director, within forty-five 17,177
days of its receipt, shall remit from the fund one-half of the 17,178
fee received to the board of health of the health district in 17,179
which the registered premises is located, or, in the instance of 17,180
an infectious wastes transporter, to the board of health of the 17,181
health district in which the transporter's principal place of 17,182
business is located. However, if the board of health having 17,183
jurisdiction over a registrant's premises or principal place of 17,184
business is not on the approved list under section 3734.08 of the 17,185
Revised Code, the director shall not make that payment to the 17,186
board of health. 17,187
(C) Except as provided in this division and division 17,189
DIVISIONS (N)(2) AND (3) of this section, no person shall 17,190
establish a new solid waste facility or infectious waste 17,192
treatment facility, or modify an existing solid waste facility or 17,193
394
infectious waste treatment facility, without submitting an 17,194
application for a permit with accompanying detail plans, 17,195
specifications, and information regarding the facility and method 17,196
of operation and receiving a permit issued by the director, 17,197
except that no permit shall be required under this division to 17,198
install or operate a solid waste facility for sewage sludge 17,199
treatment or disposal when the treatment or disposal is 17,200
authorized by a current permit issued under Chapter 3704. or 17,201
6111. of the Revised Code.
No person shall continue to operate a solid waste facility 17,203
for which the director has denied a permit for which an 17,204
application was required under division (A)(3) of section 3734.05 17,205
of the Revised Code, or for which the director has disapproved 17,206
plans and specifications required to be filed by an order issued 17,207
under division (A)(5) of that section, after the date prescribed 17,208
for commencement of closure of the facility in the order issued 17,209
under division (A)(6) of section 3734.05 of the Revised Code 17,210
denying the permit application or approval. 17,211
On and after the effective date of the rules adopted under 17,213
division (A) of this section and division (D) of section 3734.12 17,214
of the Revised Code governing solid waste transfer facilities, no 17,215
person shall establish a new, or modify an existing, solid waste 17,216
transfer facility without first submitting an application for a 17,217
permit with accompanying engineering detail plans, 17,218
specifications, and information regarding the facility and its 17,219
method of operation to the director and receiving a permit issued 17,220
by the director. 17,221
No person shall establish a new compost facility or 17,223
continue to operate an existing compost facility that accepts 17,224
exclusively source separated yard wastes without submitting a 17,225
completed registration for the facility to the director in 17,226
accordance with rules adopted under division DIVISIONS (A) AND 17,228
(N)(3) of this section.
This division does not apply to an infectious waste 17,230
395
treatment facility that meets any of the following conditions: 17,231
(1) Is owned or operated by the generator of the wastes 17,233
and exclusively treats, by methods, techniques, and practices 17,234
established by rules adopted under division (C)(1) or (3) of 17,235
section 3734.021 of the Revised Code, wastes that are generated 17,236
at any premises owned or operated by that generator regardless of 17,237
whether the wastes are generated on the premises where the 17,238
generator's treatment facility is located or, if the generator is 17,239
a hospital as defined in section 3727.01 of the Revised Code, 17,240
infectious wastes that are described in division (A)(1)(g), (h), 17,241
or (i) of section 3734.021 of the Revised Code; 17,242
(2) Holds a license or renewal of a license to operate a 17,244
crematory facility issued under Chapter 4717. and a permit issued 17,246
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, 17,248
or the blood of animals, and is subject to any of the following: 17,249
(a) Inspection under the "Federal Meat Inspection Act," 81 17,251
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 17,252
(b) Chapter 918. of the Revised Code; 17,254
(c) Chapter 953. of the Revised Code. 17,256
(D) Neither this chapter nor any rules adopted under it 17,258
apply to single-family residential premises; to infectious wastes 17,259
generated by individuals for purposes of their own care or 17,260
treatment that are disposed of with solid wastes from the 17,261
individual's residence; to the temporary storage of solid wastes, 17,262
other than scrap tires, prior to their collection for disposal; 17,263
to the storage of one hundred or fewer scrap tires unless they 17,264
are stored in such a manner that, in the judgment of the director 17,265
or the board of health of the health district in which the scrap 17,266
tires are stored, the storage causes a nuisance, a hazard to 17,267
public health or safety, or a fire hazard; or to the collection 17,268
of solid wastes, other than scrap tires, by a political 17,269
subdivision or a person holding a franchise or license from a 17,270
political subdivision of the state; to composting, as defined in 17,271
396
section 1511.01 of the Revised Code, conducted in accordance with 17,272
section 1511.022 of the Revised Code; or to any person who is 17,273
licensed to transport raw rendering material to a compost 17,274
facility pursuant to section 953.23 of the Revised Code. 17,275
(E)(1) As used in this division and section 3734.18 of the 17,277
Revised Code: 17,278
(a) "On-site facility" means a facility that stores, 17,280
treats, or disposes of hazardous waste that is generated on the 17,281
premises of the facility. 17,282
(b) "Off-site facility" means a facility that stores, 17,284
treats, or disposes of hazardous waste that is generated off the 17,285
premises of the facility and includes such a facility that is 17,286
also an on-site facility. 17,287
(c) "Satellite facility" means any of the following: 17,289
(i) An on-site facility that also receives hazardous waste 17,291
from other premises owned by the same person who generates the 17,292
waste on the facility premises; 17,293
(ii) An off-site facility operated so that all of the 17,295
hazardous waste it receives is generated on one or more premises 17,296
owned by the person who owns the facility; 17,297
(iii) An on-site facility that also receives hazardous 17,299
waste that is transported uninterruptedly and directly to the 17,300
facility through a pipeline from a generator who is not the owner 17,301
of the facility. 17,302
(2) Except as provided in division (E)(3) of this section, 17,305
no person shall establish or operate a hazardous waste facility, 17,306
or use a solid waste facility for the storage, treatment, or 17,307
disposal of any hazardous waste, without a hazardous waste 17,308
facility installation and operation permit from the hazardous 17,309
waste facility board issued in accordance with section 3734.05 of 17,310
the Revised Code and subject to the payment of an application fee 17,311
not to exceed one thousand five hundred dollars, payable upon 17,312
application for a hazardous waste facility installation and 17,313
operation permit and upon application for a renewal permit issued 17,314
397
under division (H) of section 3734.05 of the Revised Code, to be 17,315
credited to the hazardous waste facility management fund created 17,316
in section 3734.18 of the Revised Code. The term of a hazardous 17,317
waste facility installation and operation permit shall not exceed 17,318
five years.
In addition to the application fee, there is hereby levied 17,320
an annual permit fee to be paid by the permit holder upon the 17,321
anniversaries of the date of issuance of the hazardous waste 17,322
facility installation and operation permit and of any subsequent 17,323
renewal permits and to be credited to the hazardous waste 17,324
facility management fund. Annual permit fees totaling forty 17,325
thousand dollars or more for any one facility may be paid on a 17,326
quarterly basis with the first quarterly payment each year being 17,327
due on the anniversary of the date of issuance of the hazardous 17,328
waste facility installation and operation permit and of any 17,329
subsequent renewal permits. The annual permit fee shall be 17,330
determined for each permit holder by the director in accordance 17,331
with the following schedule: 17,332
TYPE OF BASIC 17,334
MANAGEMENT UNIT TYPE OF FACILITY FEE 17,336
Storage facility using: 17,337
Containers On-site, off-site, and 17,338
satellite $ 500 17,339
Tanks On-site, off-site, and 17,340
satellite 500 17,341
Waste pile On-site, off-site, and 17,342
satellite 3,000 17,343
Surface impoundment On-site and satellite 8,000 17,344
Off-site 10,000 17,345
Disposal facility using: 17,346
Deep well injection On-site and satellite 15,000 17,347
Off-site 25,000 17,348
Landfill On-site and satellite 25,000 17,349
Off-site 40,000 17,350
398
Land application On-site and satellite 2,500 17,351
Off-site 5,000 17,352
Surface impoundment On-site and satellite 10,000 17,353
Off-site 20,000 17,354
Treatment facility using: 17,355
Tanks On-site, off-site, and 17,356
satellite 700 17,357
Surface impoundment On-site and satellite 8,000 17,358
Off-site 10,000 17,359
Incinerator On-site and satellite 5,000 17,360
Off-site 17,361
Other forms 17,362
of treatment On-site, off-site, and 17,363
satellite 1,000 17,364
In determining the annual permit fee required by this 17,367
section, the director shall not require additional payments for 17,368
multiple units of the same method of storage, treatment, or 17,369
disposal or for individual units that are used for both storage 17,370
and treatment. A facility using more than one method of storage, 17,371
treatment, or disposal shall pay the permit fee indicated by the 17,372
schedule for each such method. 17,373
The director shall not require the payment of that portion 17,375
of an annual permit fee of any permit holder that would apply to 17,376
a hazardous waste management unit for which a permit has been 17,377
issued, but for which construction has not yet commenced. Once 17,378
construction has commenced, the director shall require the 17,379
payment of a part of the appropriate fee indicated by the 17,380
schedule that bears the same relationship to the total fee that 17,381
the number of days remaining until the next anniversary date at 17,382
which payment of the annual permit fee is due bears to three 17,383
hundred sixty-five. 17,384
The director, by rules adopted in accordance with Chapters 17,386
119. and 3745. of the Revised Code, shall prescribe procedures 17,387
for collecting the annual permit fee established by this division 17,388
399
and may prescribe other requirements necessary to carry out this 17,389
division. 17,390
(3) The prohibition against establishing or operating a 17,392
hazardous waste facility without a hazardous waste facility 17,394
installation and operation permit from the board does not apply 17,396
to either of the following:
(a) A facility that is operating in accordance with a 17,398
permit renewal issued under division (H) of section 3734.05 of 17,400
the Revised Code, a revision issued under division (I) of that 17,402
section as it existed prior to August 20, 1996, or a modification 17,404
issued by the director under division (I) of that section on and 17,405
after August 20, 1996; 17,406
(b) Except as provided in division (J) of section 3734.05 17,409
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 17,411
permit requirements, under rules adopted by the director. In 17,412
accordance with Chapter 119. of the Revised Code, the director 17,415
shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division (E)(3)(b) of this section. 17,417
Any rules so adopted shall be consistent with and equivalent to 17,418
regulations pertaining to interim status adopted under the 17,419
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 17,421
42 U.S.C.A. 6921, as amended, except as otherwise provided in 17,423
this chapter.
If a modification is requested or proposed for a facility 17,425
described in division (E)(3)(a) or (b) of this section, division 17,427
(I)(8) of section 3734.05 of the Revised Code applies. 17,428
(F) No person shall store, treat, or dispose of hazardous 17,430
waste identified or listed under this chapter and rules adopted 17,431
under it, regardless of whether generated on or off the premises 17,432
where the waste is stored, treated, or disposed of, or transport 17,433
or cause to be transported any hazardous waste identified or 17,434
listed under this chapter and rules adopted under it to any other 17,435
premises, except at or to any of the following: 17,436
400
(1) A hazardous waste facility operating under a permit 17,438
issued in accordance with this chapter; 17,439
(2) A facility in another state operating under a license 17,441
or permit issued in accordance with the "Resource Conservation 17,442
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 17,443
amended; 17,444
(3) A facility in another nation operating in accordance 17,446
with the laws of that nation; 17,447
(4) A facility holding a permit issued pursuant to Title I 17,449
of the "Marine Protection, Research, and Sanctuaries Act of 17,450
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; 17,451
(5) A hazardous waste facility as described in division 17,453
(E)(3)(a) or (b) of this section. 17,454
(G) The director, by order, may exempt any person 17,456
generating, collecting, storing, treating, disposing of, or 17,457
transporting solid wastes or hazardous waste, or processing solid 17,458
wastes that consist of scrap tires, in such quantities or under 17,459
such circumstances that, in the determination of the director, 17,460
are unlikely to adversely affect the public health or safety or 17,461
the environment from any requirement to obtain a registration 17,462
certificate, permit, or license or comply with the manifest 17,463
system or other requirements of this chapter. Such an exemption 17,464
shall be consistent with and equivalent to any regulations 17,465
adopted by the administrator of the United States environmental 17,466
protection agency under the "Resource Conservation and Recovery 17,467
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except 17,468
as otherwise provided in this chapter. 17,469
(H) No person shall engage in filling, grading, 17,471
excavating, building, drilling, or mining on land where a 17,472
hazardous waste facility, or a solid waste facility, was operated 17,473
without prior authorization from the director, who shall 17,474
establish the procedure for granting such authorization by rules 17,475
adopted in accordance with Chapter 119. of the Revised Code. 17,476
A public utility that has main or distribution lines above 17,478
401
or below the land surface located on an easement or right-of-way 17,479
across land where a solid waste facility was operated may engage 17,480
in any such activity within the easement or right-of-way without 17,481
prior authorization from the director for purposes of performing 17,482
emergency repair or emergency replacement of its lines; of the 17,483
poles, towers, foundations, or other structures supporting or 17,484
sustaining any such lines; or of the appurtenances to those 17,485
structures, necessary to restore or maintain existing public 17,486
utility service. A public utility may enter upon any such 17,487
easement or right-of-way without prior authorization from the 17,488
director for purposes of performing necessary or routine 17,489
maintenance of those portions of its existing lines; of the 17,490
existing poles, towers, foundations, or other structures 17,491
sustaining or supporting its lines; or of the appurtenances to 17,492
any such supporting or sustaining structure, located on or above 17,493
the land surface on any such easement or right-of-way. Within 17,494
twenty-four hours after commencing any such emergency repair, 17,495
replacement, or maintenance work, the public utility shall notify 17,497
the director or the director's authorized representative of those 17,498
activities and shall provide such information regarding those 17,499
activities as the director or the director's representative may 17,501
request. Upon completion of the emergency repair, replacement, 17,502
or maintenance activities, the public utility shall restore any 17,503
land of the solid waste facility disturbed by those activities to 17,504
the condition existing prior to the commencement of those 17,505
activities. 17,506
(I) No owner or operator of a hazardous waste facility, in 17,508
the operation of the facility, shall cause, permit, or allow the 17,509
emission therefrom of any particulate matter, dust, fumes, gas, 17,510
mist, smoke, vapor, or odorous substance that, in the opinion of 17,511
the director, unreasonably interferes with the comfortable 17,512
enjoyment of life or property by persons living or working in the 17,513
vicinity of the facility, or that is injurious to public health. 17,514
Any such action is hereby declared to be a public nuisance. 17,515
402
(J) Notwithstanding any other provision of this chapter, 17,517
in the event the director finds an imminent and substantial 17,518
danger to public health or safety or the environment that creates 17,519
an emergency situation requiring the immediate treatment, 17,520
storage, or disposal of hazardous waste, the director may issue a 17,521
temporary emergency permit to allow the treatment, storage, or 17,522
disposal of the hazardous waste at a facility that is not 17,523
otherwise authorized by a hazardous waste facility installation 17,524
and operation permit to treat, store, or dispose of the waste. 17,525
The emergency permit shall not exceed ninety days in duration and 17,526
shall not be renewed. The director shall adopt, and may amend, 17,527
suspend, or rescind, rules in accordance with Chapter 119. of the 17,528
Revised Code governing the issuance, modification, revocation, 17,529
and denial of emergency permits. 17,530
(K) No owner or operator of a sanitary landfill shall 17,532
knowingly accept for disposal, or dispose of, any infectious 17,533
wastes, other than those subject to division (A)(1)(c) of section 17,534
3734.021 of the Revised Code, that have not been treated to 17,535
render them noninfectious. For the purposes of this division, 17,536
certification by the owner or operator of the treatment facility 17,537
where the wastes were treated on the shipping paper required by 17,538
rules adopted under division (D)(2) of that section creates a 17,539
rebuttable presumption that the wastes have been so treated. 17,540
(L) The director, in accordance with Chapter 119. of the 17,542
Revised Code, shall adopt, and may amend, suspend, or rescind, 17,543
rules having uniform application throughout the state 17,544
establishing a training and certification program that shall be 17,545
required for employees of boards of health who are responsible 17,546
for enforcing the solid waste and infectious waste provisions of 17,547
this chapter and rules adopted under them and for persons who are 17,548
responsible for the operation of solid waste facilities or 17,549
infectious waste treatment facilities. The rules shall provide 17,550
all of the following, without limitation: 17,551
(1) The program shall be administered by the director and 17,553
403
shall consist of a course on new solid waste and infectious waste 17,554
technologies, enforcement procedures, and rules; 17,555
(2) The course shall be offered on an annual basis; 17,557
(3) Those persons who are required to take the course 17,559
under division (L) of this section shall do so triennially; 17,560
(4) Persons who successfully complete the course shall be 17,562
certified by the director; 17,563
(5) Certification shall be required for all employees of 17,565
boards of health who are responsible for enforcing the solid 17,566
waste or infectious waste provisions of this chapter and rules 17,567
adopted under them and for all persons who are responsible for 17,568
the operation of solid waste facilities or infectious waste 17,569
treatment facilities; 17,570
(6)(a) All employees of a board of health who, on the 17,572
effective date of the rules adopted under this division, are 17,573
responsible for enforcing the solid waste or infectious waste 17,574
provisions of this chapter and the rules adopted under them shall 17,575
complete the course and be certified by the director not later 17,576
than January 1, 1995; 17,577
(b) All employees of a board of health who, after the 17,579
effective date of the rules adopted under division (L) of this 17,581
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted 17,583
under them and who do not hold a current and valid certification 17,584
from the director at that time shall complete the course and be 17,585
certified by the director within two years after becoming 17,586
responsible for performing those activities. 17,587
No person shall fail to obtain the certification required 17,589
under this division. 17,590
(M) The director shall not issue a permit under section 17,592
3734.05 of the Revised Code to establish a solid waste facility, 17,593
or to modify a solid waste facility operating on December 21, 17,594
1988, in a manner that expands the disposal capacity or 17,595
geographic area covered by the facility, that is or is to be 17,596
404
located within the boundaries of a state park established or 17,597
dedicated under Chapter 1541. of the Revised Code, a state park 17,598
purchase area established under section 1541.02 of the Revised 17,599
Code, any unit of the national park system, or any property that 17,600
lies within the boundaries of a national park or recreation area, 17,601
but that has not been acquired or is not administered by the 17,602
secretary of the United States department of the interior, 17,603
located in this state, or any candidate area located in this 17,604
state and identified for potential inclusion in the national park 17,605
system in the edition of the "national park system plan" 17,606
submitted under paragraph (b) of section 8 of "The Act of August 17,607
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at 17,608
the time of filing of the application for the permit, unless the 17,609
facility or proposed facility is or is to be used exclusively for 17,610
the disposal of solid wastes generated within the park or 17,611
recreation area and the director determines that the facility or 17,612
proposed facility will not degrade any of the natural or cultural 17,613
resources of the park or recreation area. The director shall not 17,614
issue a variance under division (A) of this section and rules 17,615
adopted under it, or issue an exemption order under division (G) 17,616
of this section, that would authorize any such establishment or 17,617
expansion of a solid waste facility within the boundaries of any 17,618
such park or recreation area, state park purchase area, or 17,619
candidate area, other than a solid waste facility exclusively for 17,620
the disposal of solid wastes generated within the park or 17,621
recreation area when the director determines that the facility 17,622
will not degrade any of the natural or cultural resources of the 17,623
park or recreation area. 17,624
(N)(1) The rules adopted under division (A) of this 17,626
section, other than those governing variances, do not apply to 17,627
scrap tire collection, storage, monocell, monofill, and recovery 17,628
facilities. Those facilities are subject to and governed by 17,629
rules adopted under sections 3734.70 to 3734.73 of the Revised 17,630
Code, as applicable. 17,631
405
(2) Division (C) of this section does not apply to scrap 17,633
tire collection, storage, monocell, monofill, and recovery 17,634
facilities. The establishment and modification of those 17,635
facilities are subject to sections 3734.75 to 3734.78 and section 17,636
3734.81 of the Revised Code, as applicable. 17,637
(3) THE DIRECTOR MAY ADOPT, AMEND, SUSPEND, OR RESCIND 17,639
RULES UNDER DIVISION (A) OF THIS SECTION CREATING AN ALTERNATIVE 17,641
SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, OR 17,642
MODIFICATION OF A SOLID WASTE COMPOST FACILITY IN LIEU OF THE 17,643
REQUIREMENT THAT A PERSON SEEKING TO ESTABLISH, OPERATE, OR 17,644
MODIFY A SOLID WASTE COMPOST FACILITY APPLY FOR AND RECEIVE A 17,645
PERMIT UNDER DIVISION (C) OF THIS SECTION AND SECTION 3734.05 OF 17,646
THE REVISED CODE AND A LICENSE UNDER DIVISION (A)(1) OF THAT 17,648
SECTION. THE RULES MAY INCLUDE REQUIREMENTS GOVERNING, WITHOUT 17,649
LIMITATION, THE CLASSIFICATION OF SOLID WASTE COMPOST FACILITIES, 17,651
THE SUBMITTAL OF OPERATING RECORDS FOR SOLID WASTE COMPOST 17,652
FACILITIES, AND THE CREATION OF A REGISTRATION OR NOTIFICATION 17,653
SYSTEM IN LIEU OF THE ISSUANCE OF PERMITS AND LICENSES FOR SOLID 17,654
WASTE COMPOST FACILITIES. THE RULES SHALL SPECIFY THE 17,655
APPLICABILITY OF DIVISIONS (A)(1), (2)(a), (3), AND (4) OF 17,657
SECTION 3734.05 OF THE REVISED CODE TO A SOLID WASTE COMPOST 17,658
FACILITY.
Sec. 3734.05. (A)(1) Except as provided in divisions 17,667
(A)(4), (8), and (9) of this section, no person shall operate or 17,669
maintain a solid waste facility without a license issued under
this division by the board of health of the health district in 17,670
which the facility is located or by the director of environmental 17,671
protection when the health district in which the facility is 17,672
located is not on the approved list under section 3734.08 of the 17,673
Revised Code. 17,674
During the month of December, but before the first day of 17,676
January of the next year, every person proposing to continue to 17,677
operate an existing solid waste facility shall procure a license 17,678
under this division to operate the facility for that year from 17,679
406
the board of health of the health district in which the facility 17,680
is located or, if the health district is not on the approved list 17,681
under section 3734.08 of the Revised Code, from the director. 17,682
The application for such a license shall be submitted to the 17,683
board of health or to the director, as appropriate, on or before 17,684
the last day of September of the year preceding that for which 17,685
the license is sought. In addition to the application fee 17,686
prescribed in division (A)(2) of this section, a person who 17,687
submits an application after that date shall pay an additional 17,688
ten per cent of the amount of the application fee for each week 17,689
that the application is late. Late payment fees accompanying an 17,690
application submitted to the board of health shall be credited to 17,691
the special fund of the health district created in division (B) 17,692
of section 3734.06 of the Revised Code, and late payment fees 17,693
accompanying an application submitted to the director shall be 17,694
credited to the general revenue fund. A person who has received 17,695
a license, upon sale or disposition of a solid waste facility, 17,696
and upon consent of the board of health and the director, may 17,697
have the license transferred to another person. The board of 17,698
health or the director may include such terms and conditions in a 17,699
license or revision to a license as are appropriate to ensure 17,700
compliance with this chapter and rules adopted under it. The 17,701
terms and conditions may establish the authorized maximum daily 17,702
waste receipts for the facility. Limitations on maximum daily 17,703
waste receipts shall be specified in cubic yards of volume for 17,704
the purpose of regulating the design, construction, and operation 17,705
of solid waste facilities. Terms and conditions included in a 17,706
license or revision to a license by a board of health shall be 17,707
consistent with, and pertain only to the subjects addressed in, 17,708
the rules adopted under division (A) of section 3734.02 and 17,709
division (D) of section 3734.12 of the Revised Code. 17,710
(2)(a) Except as provided in divisions (A)(2)(b), (8), and 17,712
(9) of this section, each person proposing to open a new solid 17,714
waste facility or to modify an existing solid waste facility 17,715
407
shall submit an application for a permit with accompanying detail 17,716
plans and specifications to the environmental protection agency 17,717
for required approval under the rules adopted by the director 17,718
pursuant to division (A) of section 3734.02 of the Revised Code 17,719
and applicable rules adopted under division (D) of section 17,720
3734.12 of the Revised Code at least two hundred seventy days 17,721
before proposed operation of the facility and shall concurrently 17,722
make application for the issuance of a license under division 17,723
(A)(1) of this section with the board of health of the health 17,724
district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted 17,726
under division (A) of section 3734.02 of the Revised Code and 17,727
division (D) of section 3734.12 of the Revised Code governing 17,728
solid waste transfer facilities, each person proposing to open a 17,729
new solid waste transfer facility or to modify an existing solid 17,730
waste transfer facility shall submit an application for a permit 17,731
with accompanying engineering detail plans, specifications, and 17,732
information regarding the facility and its method of operation to 17,733
the environmental protection agency for required approval under 17,734
those rules at least two hundred seventy days before commencing 17,735
proposed operation of the facility and concurrently shall make 17,736
application for the issuance of a license under division (A)(1) 17,737
of this section with the board of health of the health district 17,738
in which the facility is located or proposed. 17,739
(c) Each application for a permit under division (A)(2)(a) 17,741
or (b) of this section shall be accompanied by a nonrefundable 17,742
application fee of four hundred dollars that shall be credited to 17,743
the general revenue fund. Each application for an annual license 17,744
under division (A)(1) or (2) of this section shall be accompanied 17,745
by a nonrefundable application fee of one hundred dollars. If 17,746
the application for an annual license is submitted to a board of 17,747
health on the approved list under section 3734.08 of the Revised 17,748
Code, the application fee shall be credited to the special fund 17,749
of the health district created in division (B) of section 3734.06 17,750
408
of the Revised Code. If the application for an annual license is 17,751
submitted to the director, the application fee shall be credited 17,752
to the general revenue fund. If a permit or license is issued, 17,753
the amount of the application fee paid shall be deducted from the 17,754
amount of the permit fee due under division (Q) of section 17,756
3745.11 of the Revised Code or the amount of the license fee due 17,757
under division (A)(1), (2), (3), or (4) of section 3734.06 of the 17,758
Revised Code. 17,759
(d) As used in divisions (A)(2)(d), (e), and (f) of this 17,761
section, "modify" means any of the following: 17,762
(i) Any increase of more than ten per cent in the total 17,764
capacity of a solid waste facility; 17,765
(ii) Any expansion of the limits of solid waste placement 17,767
at a solid waste facility; 17,768
(iii) Any increase in the depth of excavation at a solid 17,770
waste facility; 17,771
(iv) Any change in the technique of waste receipt or type 17,773
of waste received at a solid waste facility that may endanger 17,774
human health, as determined by the director by rules adopted in 17,775
accordance with Chapter 119. of the Revised Code. 17,776
Not later than thirty-five days after submitting an 17,778
application under division (A)(2)(a) or (b) of this section for a 17,779
permit to open a new or modify an existing solid waste facility, 17,780
the applicant, in conjunction with an officer or employee of the 17,781
environmental protection agency, shall hold a public meeting on 17,782
the application within the county in which the new or modified 17,783
solid waste facility is or is proposed to be located or within a 17,784
contiguous county. Not less than thirty days before holding the 17,785
public meeting on the application, the applicant shall publish 17,786
notice of the meeting in each newspaper of general circulation 17,787
that is published in the county in which the facility is or is 17,788
proposed to be located. If no newspaper of general circulation 17,789
is published in the county, the applicant shall publish the 17,790
notice in a newspaper of general circulation in the county. The 17,791
409
notice shall contain the date, time, and location of the public 17,792
meeting and a general description of the proposed new or modified 17,793
facility. Not later than five days after publishing the notice, 17,794
the applicant shall send by certified mail a copy of the notice 17,795
and the date the notice was published to the director and the 17,796
legislative authority of each municipal corporation, township, 17,797
and county, and to the chief executive officer of each municipal 17,798
corporation, in which the facility is or is proposed to be 17,799
located. At the public meeting, the applicant shall provide 17,800
information and describe the application and respond to comments 17,801
or questions concerning the application, and the officer or 17,802
employee of the agency shall describe the permit application 17,803
process. At the public meeting, any person may submit written or 17,804
oral comments on or objections to the application. Not more than 17,805
thirty days after the public meeting, the applicant shall provide 17,806
the director with a copy of a transcript of the full meeting, 17,807
copies of any exhibits, displays, or other materials presented by 17,808
the applicant at the meeting, and the original copy of any 17,809
written comments submitted at the meeting. 17,810
(e) Except as provided in division (A)(2)(f) of this 17,812
section, prior to taking an action, other than a proposed or 17,813
final denial, upon an application submitted under division 17,814
(A)(2)(a) of this section for a permit to open a new or modify an 17,815
existing solid waste facility, the director shall hold a public 17,816
information session and a public hearing on the application 17,817
within the county in which the new or modified solid waste 17,818
facility is or is proposed to be located or within a contiguous 17,819
county. If the application is for a permit to open a new solid 17,820
waste facility, the director shall hold the hearing not less than 17,821
fourteen days after the information session. If the application 17,822
is for a permit to modify an existing solid waste facility, the 17,823
director may hold both the information session and the hearing on 17,824
the same day unless any individual affected by the application 17,825
requests in writing that the information session and the hearing 17,826
410
not be held on the same day, in which case the director shall 17,827
hold the hearing not less than fourteen days after the 17,828
information session. The director shall publish notice of the 17,829
public information session or public hearing not less than thirty 17,830
days before holding the information session or hearing, as 17,831
applicable. The notice shall be published in each newspaper of 17,832
general circulation that is published in the county in which the 17,833
facility is or is proposed to be located. If no newspaper of 17,834
general circulation is published in the county, the director 17,835
shall publish the notice in a newspaper of general circulation in 17,836
the county. The notice shall contain the date, time, and 17,837
location of the information session or hearing, as applicable, 17,838
and a general description of the proposed new or modified 17,839
facility. At the public information session, an officer or 17,840
employee of the environmental protection agency shall describe 17,841
the status of the permit application and be available to respond 17,842
to comments or questions concerning the application. At the 17,843
public hearing, any person may submit written or oral comments on 17,844
or objections to the approval of the application. The applicant, 17,845
or a representative of the applicant who has knowledge of the 17,846
location, construction, and operation of the facility, shall 17,847
attend the information session and public hearing to respond to 17,848
comments or questions concerning the facility directed to the 17,849
applicant or representative by the officer or employee of the 17,851
environmental protection agency presiding at the information 17,852
session and hearing.
(f) The solid waste management policy committee of a 17,854
county or joint solid waste management district may adopt a 17,855
resolution requesting expeditious consideration of a specific 17,856
application submitted under division (A)(2)(a) of this section 17,857
for a permit to modify an existing solid waste facility within 17,858
the district. The resolution shall make the finding that 17,859
expedited consideration of the application without the public 17,860
information session and public hearing under division (A)(2)(e) 17,861
411
of this section is in the public interest and will not endanger 17,862
human health, as determined by the director by rules adopted in 17,863
accordance with Chapter 119. of the Revised Code. Upon receiving 17,864
such a resolution, the director, at the director's discretion, 17,866
may issue a final action upon the application without holding a 17,867
public information session or public hearing pursuant to division 17,868
(A)(2)(e) of this section. 17,869
(3) Except as provided in division (A)(10) of this 17,871
section, and unless the owner or operator of any solid waste 17,872
facility, other than a solid waste transfer facility or a compost 17,873
facility that accepts exclusively source separated yard wastes, 17,874
that commenced operation on or before July 1, 1968, has obtained 17,875
an exemption from the requirements of division (A)(3) of this 17,876
section in accordance with division (G) of section 3734.02 of the 17,877
Revised Code, the owner or operator shall submit to the director 17,879
an application for a permit with accompanying engineering detail 17,880
plans, specifications, and information regarding the facility and 17,881
its method of operation for approval under rules adopted under 17,882
division (A) of section 3734.02 of the Revised Code and 17,883
applicable rules adopted under division (D) of section 3734.12 of 17,884
the Revised Code in accordance with the following schedule: 17,885
(a) Not later than September 24, 1988, if the facility is 17,887
located in the city of Garfield Heights or Parma in Cuyahoga 17,888
county; 17,889
(b) Not later than December 24, 1988, if the facility is 17,891
located in Delaware, Greene, Guernsey, Hamilton, Madison, 17,892
Mahoning, Ottawa, or Vinton county; 17,893
(c) Not later than March 24, 1989, if the facility is 17,895
located in Champaign, Clinton, Columbiana, Huron, Paulding, 17,896
Stark, or Washington county, or is located in the city of 17,897
Brooklyn or Cuyahoga Heights in Cuyahoga county; 17,898
(d) Not later than June 24, 1989, if the facility is 17,900
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 17,901
Lucas, or Summit county or is located in Cuyahoga county outside 17,902
412
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga 17,903
Heights; 17,904
(e) Not later than September 24, 1989, if the facility is 17,906
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 17,907
county; 17,908
(f) Not later than December 24, 1989, if the facility is 17,910
located in a county not listed in divisions (A)(3)(a) to (e) of 17,911
this section; 17,912
(g) Notwithstanding divisions (A)(3)(a) to (f) of this 17,914
section, not later than December 31, 1990, if the facility is a 17,915
solid waste facility owned by a generator of solid wastes when 17,916
the solid waste facility exclusively disposes of solid wastes 17,917
generated at one or more premises owned by the generator 17,918
regardless of whether the facility is located on a premises where 17,919
the wastes are generated and if the facility disposes of more 17,920
than one hundred thousand tons of solid wastes per year, provided 17,921
that any such facility shall be subject to division (A)(5) of 17,922
this section. 17,923
(4) Except as provided in divisions (A)(8), (9), and (10) 17,925
of this section, unless the owner or operator of any solid waste 17,927
facility for which a permit was issued after July 1, 1968, but 17,928
before January 1, 1980, has obtained an exemption from the 17,929
requirements of division (A)(4) of this section under division 17,930
(G) of section 3734.02 of the Revised Code, the owner or operator 17,932
shall submit to the director an application for a permit with 17,933
accompanying engineering detail plans, specifications, and 17,934
information regarding the facility and its method of operation 17,935
for approval under those rules. 17,936
(5) The director may issue an order in accordance with 17,938
Chapter 3745. of the Revised Code to the owner or operator of a 17,939
solid waste facility requiring the person to submit to the 17,940
director updated engineering detail plans, specifications, and 17,941
information regarding the facility and its method of operation 17,942
for approval under rules adopted under division (A) of section 17,943
413
3734.02 of the Revised Code and applicable rules adopted under 17,944
division (D) of section 3734.12 of the Revised Code if, in the 17,945
director's judgment, conditions at the facility constitute a 17,946
substantial threat to public health or safety or are causing or 17,947
contributing to or threatening to cause or contribute to air or 17,948
water pollution or soil contamination. Any person who receives 17,949
such an order shall submit the updated engineering detail plans, 17,950
specifications, and information to the director within one 17,951
hundred eighty days after the effective date of the order. 17,952
(6) The director shall act upon an application submitted 17,954
under division (A)(3) or (4) of this section and any updated 17,955
engineering plans, specifications, and information submitted 17,956
under division (A)(5) of this section within one hundred eighty 17,957
days after receiving them. If the director denies any such 17,958
permit application, the order denying the application or 17,960
disapproving the plans shall include the requirements that the 17,961
owner or operator submit a plan for closure and post-closure care 17,962
of the facility to the director for approval within six months 17,963
after issuance of the order, cease accepting solid wastes for 17,964
disposal or transfer at the facility, and commence closure of the 17,965
facility not later than one year after issuance of the order. If 17,966
the director determines that closure of the facility within that 17,967
one-year period would result in the unavailability of sufficient 17,968
solid waste management facility capacity within the county or 17,969
joint solid waste management district in which the facility is 17,970
located to dispose of or transfer the solid waste generated 17,971
within the district, the director in the order of denial or 17,973
disapproval may postpone commencement of closure of the facility 17,974
for such period of time as the director finds necessary for the 17,975
board of county commissioners or directors of the district to 17,977
secure access to or for there to be constructed within the 17,978
district sufficient solid waste management facility capacity to 17,979
meet the needs of the district, provided that the director shall 17,980
certify in the director's order that postponing the date for 17,981
414
commencement of closure will not endanger ground water or any 17,982
property surrounding the facility, allow methane gas migration to 17,983
occur, or cause or contribute to any other type of environmental 17,984
damage.
If an emergency need for disposal capacity that may affect 17,986
public health and safety exists as a result of closure of a 17,987
facility under division (A)(6) of this section, the director may 17,988
issue an order designating another solid waste facility to accept 17,989
the wastes that would have been disposed of at the facility to be 17,990
closed. 17,991
(7) If the director determines that standards more 17,993
stringent than those applicable in rules adopted under division 17,994
(A) of section 3734.02 of the Revised Code and division (D) of 17,995
section 3734.12 of the Revised Code, or standards pertaining to 17,996
subjects not specifically addressed by those rules, are necessary 17,997
to ensure that a solid waste facility constructed at the proposed 17,998
location will not cause a nuisance, cause or contribute to water 17,999
pollution, or endanger public health or safety, the director may 18,001
issue a permit for the facility with such terms and conditions as 18,002
the director finds necessary to protect public health and safety 18,003
and the environment. If a permit is issued, the director shall 18,005
state in the order issuing it the specific findings supporting 18,006
each such term or condition. 18,007
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section 18,009
do not apply to a solid waste compost facility that accepts 18,010
exclusively source separated yard wastes and that is registered 18,011
under division (C) of section 3734.02 of the Revised Code OR, 18,013
UNLESS OTHERWISE PROVIDED IN RULES ADOPTED UNDER DIVISION (N)(3) 18,014
OF SECTION 3734.02 OF THE REVISED CODE, TO A SOLID WASTE COMPOST 18,015
FACILITY IF THE DIRECTOR HAS ADOPTED RULES ESTABLISHING AN 18,016
ALTERNATIVE SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, 18,017
OR MODIFICATION OF A SOLID WASTE COMPOST FACILITY UNDER THAT 18,018
DIVISION. 18,019
(9) Divisions (A)(1) to (7) of this section do not apply 18,021
415
to scrap tire collection, storage, monocell, monofill, and 18,022
recovery facilities. The approval of plans and specifications, 18,023
as applicable, and the issuance of registration certificates, 18,024
permits, and licenses for those facilities are subject to 18,025
sections 3734.75 to 3734.78 of the Revised Code, as applicable, 18,026
and section 3734.81 of the Revised Code. 18,027
(10) Divisions (A)(3) and (4) of this section do not apply 18,029
to a solid waste incinerator that was placed into operation on or 18,031
before October 12, 1994, and that is not authorized to accept and 18,032
treat infectious wastes pursuant to division (B) of this section. 18,034
(B)(1) Each person who is engaged in the business of 18,036
treating infectious wastes for profit at a treatment facility 18,037
located off the premises where the wastes are generated that is 18,038
in operation on August 10, 1988, and who proposes to continue 18,039
operating the facility shall submit to the board of health of the 18,040
health district in which the facility is located an application 18,041
for a license to operate the facility. 18,042
Thereafter, no person shall operate or maintain an 18,044
infectious waste treatment facility without a license issued by 18,045
the board of health of the health district in which the facility 18,046
is located or by the director when the health district in which 18,048
the facility is located is not on the approved list under section 18,049
3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first 18,051
day of January of the next year, every person proposing to 18,052
continue to operate an existing infectious waste treatment 18,053
facility shall procure a license to operate the facility for that 18,054
year from the board of health of the health district in which the 18,055
facility is located or, if the health district is not on the 18,056
approved list under section 3734.08 of the Revised Code, from the 18,057
director. The application for such a license shall be submitted 18,058
to the board of health or to the director, as appropriate, on or 18,059
before the last day of September of the year preceding that for 18,060
which the license is sought. In addition to the application fee 18,061
416
prescribed in division (B)(2)(c) of this section, a person who 18,062
submits an application after that date shall pay an additional 18,063
ten per cent of the amount of the application fee for each week 18,064
that the application is late. Late payment fees accompanying an 18,065
application submitted to the board of health shall be credited to 18,066
the special infectious waste fund of the health district created 18,067
in division (C) of section 3734.06 of the Revised Code, and late 18,068
payment fees accompanying an application submitted to the 18,069
director shall be credited to the general revenue fund. A person 18,070
who has received a license, upon sale or disposition of an 18,071
infectious waste treatment facility and upon consent of the board 18,072
of health and the director, may have the license transferred to 18,073
another person. The board of health or the director may include 18,074
such terms and conditions in a license or revision to a license 18,075
as are appropriate to ensure compliance with the infectious waste 18,076
provisions of this chapter and rules adopted under them. 18,077
(b) Each person proposing to open a new infectious waste 18,079
treatment facility or to modify an existing infectious waste 18,080
treatment facility shall submit an application for a permit with 18,081
accompanying detail plans and specifications to the environmental 18,082
protection agency for required approval under the rules adopted 18,083
by the director pursuant to section 3734.021 of the Revised Code 18,084
two hundred seventy days before proposed operation of the 18,085
facility and concurrently shall make application for a license 18,086
with the board of health of the health district in which the 18,087
facility is or is proposed to be located. Not later than ninety 18,088
days after receiving a completed application under division 18,089
(B)(2)(b) of this section for a permit to open a new infectious 18,090
waste treatment facility or modify an existing infectious waste 18,091
treatment facility to expand its treatment capacity, or receiving 18,092
a completed application under division (A)(2)(a) of this section 18,093
for a permit to open a new solid waste incineration facility, or 18,094
modify an existing solid waste incineration facility to also 18,095
treat infectious wastes or to increase its infectious waste 18,096
417
treatment capacity, that pertains to a facility for which a 18,097
notation authorizing infectious waste treatment is included or 18,098
proposed to be included in the solid waste incineration 18,099
facility's license pursuant to division (B)(3) of this section, 18,100
the director shall hold a public hearing on the application 18,101
within the county in which the new or modified infectious waste 18,102
or solid waste facility is or is proposed to be located or within 18,103
a contiguous county. Not less than thirty days before holding 18,104
the public hearing on the application, the director shall publish 18,105
notice of the hearing in each newspaper that has general 18,106
circulation and that is published in the county in which the 18,107
facility is or is proposed to be located. If there is no 18,108
newspaper that has general circulation and that is published in 18,109
the county, the director shall publish the notice in a newspaper 18,110
of general circulation in the county. The notice shall contain 18,111
the date, time, and location of the public hearing and a general 18,112
description of the proposed new or modified facility. At the 18,113
public hearing, any person may submit written or oral comments on 18,114
or objections to the approval or disapproval of the application. 18,115
The applicant, or a representative of the applicant who has 18,116
knowledge of the location, construction, and operation of the 18,117
facility, shall attend the public hearing to respond to comments 18,118
or questions concerning the facility directed to the applicant or 18,120
representative by the officer or employee of the environmental 18,121
protection agency presiding at the hearing. 18,122
(c) Each application for a permit under division (B)(2)(b) 18,124
of this section shall be accompanied by a nonrefundable 18,125
application fee of four hundred dollars that shall be credited to 18,126
the general revenue fund. Each application for an annual license 18,127
under division (B)(2)(a) of this section shall be accompanied by 18,128
a nonrefundable application fee of one hundred dollars. If the 18,129
application for an annual license is submitted to a board of 18,130
health on the approved list under section 3734.08 of the Revised 18,131
Code, the application fee shall be credited to the special 18,132
418
infectious waste fund of the health district created in division 18,133
(C) of section 3734.06 of the Revised Code. If the application 18,134
for an annual license is submitted to the director, the 18,135
application fee shall be credited to the general revenue fund. 18,136
If a permit or license is issued, the amount of the application 18,138
fee paid shall be deducted from the amount of the permit fee due 18,139
under division (Q) of section 3745.11 of the Revised Code or the 18,142
amount of the license fee due under division (C) of section 18,143
3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste 18,145
treatment facility that commenced operation on or before July 1, 18,146
1968, shall submit to the director an application for a permit 18,147
with accompanying engineering detail plans, specifications, and 18,148
information regarding the facility and its method of operation 18,149
for approval under rules adopted under section 3734.021 of the 18,150
Revised Code in accordance with the following schedule: 18,151
(i) Not later than December 24, 1988, if the facility is 18,153
located in Delaware, Greene, Guernsey, Hamilton, Madison, 18,154
Mahoning, Ottawa, or Vinton county; 18,155
(ii) Not later than March 24, 1989, if the facility is 18,157
located in Champaign, Clinton, Columbiana, Huron, Paulding, 18,158
Stark, or Washington county, or is located in the city of 18,159
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; 18,160
(iii) Not later than June 24, 1989, if the facility is 18,162
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 18,163
Lucas, or Summit county or is located in Cuyahoga county outside 18,164
the cities of Brooklyn, Cuyahoga Heights, and Parma; 18,165
(iv) Not later than September 24, 1989, if the facility is 18,167
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 18,168
county; 18,169
(v) Not later than December 24, 1989, if the facility is 18,171
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 18,172
of this section. 18,173
The owner or operator of an infectious waste treatment 18,175
419
facility required to submit a permit application under division 18,176
(B)(2)(d) of this section is not required to pay any permit 18,177
application fee under division (B)(2)(c) of this section, or 18,178
permit fee under division (Q) of section 3745.11 of the Revised 18,181
Code, with respect thereto unless the owner or operator also 18,182
proposes to modify the facility.
(e) The director may issue an order in accordance with 18,184
Chapter 3745. of the Revised Code to the owner or operator of an 18,185
infectious waste treatment facility requiring the person to 18,186
submit to the director updated engineering detail plans, 18,187
specifications, and information regarding the facility and its 18,188
method of operation for approval under rules adopted under 18,189
section 3734.021 of the Revised Code if, in the director's 18,190
judgment, conditions at the facility constitute a substantial 18,191
threat to public health or safety or are causing or contributing 18,192
to or threatening to cause or contribute to air or water 18,193
pollution or soil contamination. Any person who receives such an 18,194
order shall submit the updated engineering detail plans, 18,195
specifications, and information to the director within one 18,196
hundred eighty days after the effective date of the order. 18,197
(f) The director shall act upon an application submitted 18,199
under division (B)(2)(d) of this section and any updated 18,200
engineering plans, specifications, and information submitted 18,201
under division (B)(2)(e) of this section within one hundred 18,202
eighty days after receiving them. If the director denies any 18,203
such permit application or disapproves any such updated 18,204
engineering plans, specifications, and information, the director 18,206
shall include in the order denying the application or 18,207
disapproving the plans the requirement that the owner or operator 18,208
cease accepting infectious wastes for treatment at the facility. 18,209
(3) Division (B) of this section does not apply to an 18,211
infectious waste treatment facility that meets any of the 18,212
following conditions: 18,213
(a) Is owned or operated by the generator of the wastes 18,215
420
and exclusively treats, by methods, techniques, and practices 18,216
established by rules adopted under division (C)(1) or (3) of 18,217
section 3734.021 of the Revised Code, wastes that are generated 18,218
at any premises owned or operated by that generator regardless of 18,219
whether the wastes are generated on the same premises where the 18,220
generator's treatment facility is located or, if the generator is 18,221
a hospital as defined in section 3727.01 of the Revised Code, 18,222
infectious wastes that are described in division (A)(1)(g), (h), 18,223
or (i) of section 3734.021 of the Revised Code; 18,224
(b) Holds a license or renewal of a license to operate a 18,226
crematory facility issued under Chapter 4717. and a permit issued 18,228
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, 18,230
or the blood of animals, and is subject to any of the following: 18,231
(i) Inspection under the "Federal Meat Inspection Act," 81 18,233
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 18,234
(ii) Chapter 918. of the Revised Code; 18,236
(iii) Chapter 953. of the Revised Code. 18,238
Nothing in division (B) of this section requires a facility 18,240
that holds a license issued under division (A) of this section as 18,241
a solid waste facility and that also treats infectious wastes by 18,242
the same method, technique, or process to obtain a license under 18,243
division (B) of this section as an infectious waste treatment 18,244
facility. However, the solid waste facility license for the 18,245
facility shall include the notation that the facility also treats 18,246
infectious wastes. 18,247
On and after the effective date of the amendments to the 18,249
rules adopted under division (C)(2) of section 3734.021 of the 18,250
Revised Code that are required by Section 6 of Substitute House 18,251
Bill No. 98 of the 120th General Assembly, the director shall not 18,253
issue a permit to open a new solid waste incineration facility 18,254
unless the proposed facility complies with the requirements for 18,255
the location of new infectious waste incineration facilities 18,256
established in the required amendments to those rules. 18,257
421
(C) Except for a facility or activity described in 18,259
division (E)(3) of section 3734.02 of the Revised Code, a person 18,261
who proposes to establish or operate a hazardous waste facility 18,262
shall submit an application for a hazardous waste facility 18,264
installation and operation permit and accompanying detail plans, 18,265
specifications, and such information as the director may require 18,266
to the environmental protection agency, except as provided in 18,267
division (E)(2) of this section, at least one hundred eighty days 18,268
before the proposed beginning of operation of the facility. The 18,269
applicant shall notify by certified mail the legislative 18,270
authority of each municipal corporation, township, and county in 18,271
which the facility is proposed to be located of the submission of 18,272
the application within ten days after the submission or at such 18,273
earlier time as the director may establish by rule. If the 18,274
application is for a proposed new hazardous waste disposal or 18,275
thermal treatment facility, the applicant also shall give actual 18,276
notice of the general design and purpose of the facility to the 18,277
legislative authority of each municipal corporation, township, 18,278
and county in which the facility is proposed to be located at 18,280
least ninety days before the permit application is submitted to 18,281
the environmental protection agency.
(D)(1) There is hereby created the hazardous waste 18,283
facility board, composed of the director of environmental 18,284
protection who shall serve as chairperson, the director of 18,285
natural resources, and the chairperson of the Ohio water 18,287
development authority, or their respective designees, and one 18,288
chemical engineer and one geologist who each shall be employed by 18,289
a state university as defined in section 3345.011 of the Revised 18,290
Code. The chemical engineer and geologist each shall be 18,291
appointed by the governor, with the advice and consent of the 18,292
senate, for a term of two years. The chemical engineer and 18,293
geologist each shall receive as compensation five thousand 18,294
dollars per year, plus expenses necessarily incurred in the 18,296
performance of their duties.
422
The board shall not issue any final order without the 18,298
consent of at least three members. 18,299
(2) The hazardous waste facility board shall do both of 18,302
the following: 18,303
(a) Pursuant to Chapter 119. of the Revised Code, adopt 18,305
rules governing procedure to be followed in hearings before the 18,307
board; 18,308
(b) Except as provided in section 3734.123 of the Revised 18,310
Code, approve or disapprove applications for a hazardous waste 18,311
facility installation and operation permit for new facilities and 18,312
applications for modifications to existing permits for which the 18,313
board has jurisdiction as provided in division (I)(3) of this 18,314
section.
(3) Except as provided in section 3734.123 of the Revised 18,316
Code, upon receipt of the completed application for a hazardous 18,317
waste facility installation and operation permit and a 18,318
preliminary determination by the staff of the environmental 18,319
protection agency that the application appears to comply with 18,320
agency rules and to meet the performance standards set forth in 18,321
divisions (D), (I), and (J) of section 3734.12 of the Revised 18,322
Code, the director shall transmit the application to the board, 18,325
which shall do all of the following: 18,326
(a) Promptly fix a date for a public hearing on the 18,328
application, not fewer than sixty nor more than ninety days after 18,329
receipt of the completed application. At the public hearing, any 18,330
person may submit written or oral comments or objections to the 18,331
approval or disapproval of the application. A representative of 18,332
the applicant who has knowledge of the location, construction, 18,333
operation, closure, and post-closure care, if applicable, of the 18,334
facility shall attend the public hearing in order to respond to 18,335
comments or questions concerning the facility directed to the 18,336
representative by the presiding officer. 18,337
(b) Give public notice of the date of the public hearing 18,339
and a summary of the application in a newspaper having general 18,340
423
circulation in the county in which the facility is proposed to be 18,341
located. The notice shall contain, at a minimum, the date, time, 18,342
and location of the public hearing and shall include the location 18,344
and street address of, or the nearest intersection to, the 18,345
proposed facility, a description of the proposed facility, and 18,346
the location where copies of the application, a short statement 18,347
by the applicant of the anticipated environmental impact of the 18,348
facility, and a map of the facility are available for inspection. 18,349
(c) Promptly fix a date for an adjudication hearing, not 18,351
fewer than ninety nor more than one hundred twenty days after 18,352
receipt of the completed application, at which hearing the board 18,353
shall hear and decide all disputed issues between the parties 18,354
respecting the approval or disapproval of the application. 18,355
(4) The parties to any adjudication hearing before the 18,357
board upon a completed application shall be the following: 18,358
(a) The applicant; 18,360
(b) The staff of the environmental protection agency; 18,362
(c) The board of county commissioners of the county, the 18,364
board of township trustees of the township, and the chief 18,365
executive officer of the municipal corporation in which the 18,366
facility is proposed to be located; 18,367
(d) Any other person who would be aggrieved or adversely 18,369
affected by the proposed facility and who files a petition to 18,370
intervene in the adjudication hearing not later than thirty days 18,371
after the date of publication of the notice required in division 18,372
(D)(3)(b) of this section if the petition is granted by the board 18,374
for good cause shown. The board may allow intervention by other 18,375
aggrieved or adversely affected persons up to fifteen days prior 18,376
to the date of the adjudication hearing for good cause shown when 18,377
the intervention would not be unduly burdensome to or cause a 18,378
delay in the permitting process.
(5) The hazardous waste facility board shall conduct any 18,380
adjudication hearing upon disputed issues in accordance with 18,381
Chapter 119. of the Revised Code and the rules of the board 18,382
424
governing the procedure of such hearings. Each party may call 18,383
and examine witnesses and submit other evidence respecting the 18,384
disputed issues presented by an application. A written record 18,385
shall be made of the hearing and of all testimony and evidence 18,386
submitted to the board. 18,387
(6) The board shall not approve an application for a 18,389
hazardous waste facility installation and operation permit unless 18,390
it finds and determines as follows: 18,391
(a) The nature and volume of the waste to be treated, 18,393
stored, or disposed of at the facility; 18,394
(b) That the facility complies with the director's 18,396
hazardous waste standards adopted pursuant to section 3734.12 of 18,397
the Revised Code; 18,398
(c) That the facility represents the minimum adverse 18,400
environmental impact, considering the state of available 18,401
technology and the nature and economics of various alternatives, 18,402
and other pertinent considerations; 18,403
(d) That the facility represents the minimum risk of all 18,405
of the following: 18,406
(i) Contamination of ground and surface waters; 18,408
(ii) Fires or explosions from treatment, storage, or 18,410
disposal methods; 18,411
(iii) Accident during transportation of hazardous waste to 18,413
or from the facility; 18,414
(iv) Impact on the public health and safety; 18,416
(v) Air pollution; 18,418
(vi) Soil contamination. 18,420
(e) That the facility will comply with Chapters 3704., 18,422
3734., and 6111. of the Revised Code and all rules and standards 18,423
adopted under those chapters; 18,424
(f) That if the owner of the facility, the operator of the 18,426
facility, or any other person in a position with the facility 18,427
from which the person may influence the installation and 18,428
operation of the facility has been involved in any prior activity 18,430
425
involving transportation, treatment, storage, or disposal of 18,431
hazardous waste, that person has a history of compliance with 18,432
Chapters 3704., 3734., and 6111. of the Revised Code and all 18,433
rules and standards adopted under those chapters, the "Resource 18,434
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 18,435
U.S.C.A. 6921, as amended, and all regulations adopted under it, 18,436
and similar laws and rules of other states if any such prior 18,437
operation was located in another state that demonstrates 18,438
sufficient reliability, expertise, and competency to operate a 18,439
hazardous waste facility under the applicable provisions of 18,440
Chapters 3704., 3734., and 6111. of the Revised Code, the 18,441
applicable rules and standards adopted under those chapters, and 18,442
terms and conditions of a hazardous waste facility installation 18,443
and operation permit, given the potential for harm to the public 18,444
health and safety and the environment that could result from the 18,445
irresponsible operation of the facility; 18,446
(g) That the active areas within a new hazardous waste 18,448
facility where acute hazardous waste as listed in 40 C.F.R. 18,449
261.33 (e), as amended, or organic waste that is toxic and is 18,450
listed under 40 C.F.R. 261, as amended, is being stored, treated, 18,451
or disposed of and where the aggregate of the storage design 18,452
capacity and the disposal design capacity of all hazardous waste 18,453
in those areas is greater than two hundred fifty thousand 18,454
gallons, are not located or operated within any of the following: 18,455
(i) Two thousand feet of any residence, school, hospital, 18,457
jail, or prison; 18,458
(ii) Any naturally occurring wetland; 18,460
(iii) Any flood hazard area if the applicant cannot show 18,462
that the facility will be designed, constructed, operated, and 18,463
maintained to prevent washout by a one-hundred-year flood or that 18,464
procedures will be in effect to remove the waste before flood 18,465
waters can reach it. 18,466
Division (D)(6)(g) of this section does not apply to the 18,468
facility of any applicant who demonstrates to the board that the 18,469
426
limitations specified in that division are not necessary because 18,470
of the nature or volume of the waste and the manner of management 18,471
applied, the facility will impose no substantial danger to the 18,472
health and safety of persons occupying the structures listed in 18,473
division (D)(6)(g)(i) of this section, and the facility is to be 18,474
located or operated in an area where the proposed hazardous waste 18,475
activities will not be incompatible with existing land uses in 18,476
the area. 18,477
(h) That the facility will not be located within the 18,479
boundaries of a state park established or dedicated under Chapter 18,480
1541. of the Revised Code, a state park purchase area established 18,481
under section 1541.02 of the Revised Code, any unit of the 18,482
national park system, or any property that lies within the 18,483
boundaries of a national park or recreation area, but that has 18,484
not been acquired or is not administered by the secretary of the 18,485
United States department of the interior, located in this state, 18,486
or any candidate area located in this state identified for 18,487
potential inclusion in the national park system in the edition of 18,488
the "national park system plan" submitted under paragraph (b) of 18,489
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 18,490
U.S.C.A. 1a-5, as amended, current at the time of filing of the 18,491
application for the permit, unless the facility will be used 18,492
exclusively for the storage of hazardous waste generated within 18,493
the park or recreation area in conjunction with the operation of 18,494
the park or recreation area. Division (D)(6)(h) of this section 18,495
does not apply to the facility of any applicant for modification 18,496
of a permit unless the modification application proposes to 18,497
increase the land area included in the facility or to increase 18,498
the quantity of hazardous waste that will be treated, stored, or 18,499
disposed of at the facility. 18,500
In rendering a decision upon an application for a hazardous 18,502
waste facility installation and operation permit, the board shall 18,503
issue a written order and opinion, which shall include the 18,504
specific findings of fact and conclusions of law that support the 18,507
427
board's approval or disapproval of the application.
If the board approves an application for a hazardous waste 18,509
facility installation and operation permit, as a part of its 18,510
written order, it shall issue the permit, upon such terms and 18,511
conditions as the board finds are necessary to ensure the 18,512
construction and operation of the hazardous waste facility in 18,513
accordance with the standards of this section. 18,514
(7) Any party adversely affected by an order of the 18,516
hazardous waste facility board may appeal the order and decision 18,517
of the board to the court of appeals of Franklin county. An 18,518
appellant shall file with the board a notice of appeal, which 18,519
shall designate the order appealed from. A copy of the notice 18,520
also shall be filed by the appellant with the court, and a copy 18,521
shall be sent by certified mail to each party to the adjudication 18,522
hearing before the board. Such notices shall be filed and mailed 18,523
within thirty days after the date upon which the appellant 18,524
received notice from the board by certified mail of the making of 18,525
the order appealed from. No appeal bond shall be required to 18,526
make an appeal effective. 18,527
The filing of a notice of appeal shall not operate 18,529
automatically as a suspension of the order of the board. If it 18,530
appears to the court that an unjust hardship to the appellant 18,531
will result from the execution of the board's order pending 18,532
determination of the appeal, the court may grant a suspension of 18,533
the order and fix its terms. 18,534
Within twenty days after receipt of the notice of appeal, 18,536
the board shall prepare and file in the court the complete record 18,537
of proceedings out of which the appeal arises, including any 18,538
transcript of the testimony and any other evidence that has been 18,539
submitted before the board. The expense of preparing and 18,540
transcribing the record shall be taxed as a part of the costs of 18,541
the appeal. The appellant, other than the state or a political 18,542
subdivision, an agency of either, or any officer of the appellant 18,543
acting in the officer's representative capacity, shall provide 18,545
428
security for costs satisfactory to the court considering the 18,546
respective interests of the parties and the public interest. 18,547
Upon demand by a party, the board shall furnish, at the cost of 18,548
the party requesting it, a copy of the record. If the complete 18,549
record is not filed within the time provided for in this section, 18,550
any party may apply to the court to have the case docketed, and 18,551
the court shall order the record filed. 18,552
In hearing the appeal, the court is confined to the record 18,554
as certified to it by the board. The court may grant a request 18,555
for the admission of additional evidence when satisfied that the 18,556
additional evidence is newly discovered and could not with 18,557
reasonable diligence have been ascertained prior to the hearing 18,558
before the board. 18,559
The court shall affirm the order complained of in the 18,561
appeal if it finds, upon consideration of the entire record and 18,562
such additional evidence as the court has admitted, that the 18,563
order is supported by reliable, probative, and substantial 18,564
evidence and is in accordance with law. In the absence of such 18,565
findings, it shall reverse, vacate, or modify the order or make 18,566
such other ruling as is supported by reliable, probative, and 18,567
substantial evidence and is in accordance with law. The judgment 18,568
of the court shall be final and conclusive unless reversed, 18,569
vacated, or modified on appeal. Such appeals may be taken by any 18,570
party to the appeal pursuant to the Rules of Practice of the 18,571
Supreme Court and, to the extent not in conflict with those 18,572
rules, Chapter 2505. of the Revised Code. 18,573
(E)(1) Upon receipt of a completed application, the board 18,575
shall issue a hazardous waste facility installation and operation 18,576
permit for a hazardous waste facility subject to the requirements 18,577
of divisions (D)(6) and (7) of this section and all applicable 18,578
federal regulations if the facility for which the permit is 18,579
requested satisfies all of the following: 18,580
(a) Was in operation immediately prior to October 9, 1980; 18,582
(b) Was in substantial compliance with applicable statutes 18,584
429
and rules in effect immediately prior to October 9, 1980, as 18,585
determined by the director; 18,586
(c) Demonstrates to the board that its operations after 18,588
October 9, 1980, comply with applicable performance standards 18,589
adopted by the director pursuant to division (D) of section 18,590
3734.12 of the Revised Code; 18,591
(d) Submits a completed application for a permit under 18,593
division (C) of this section within six months after October 9, 18,594
1980. 18,595
The board shall act on the application within twelve months 18,597
after October 9, 1980. 18,598
(2) A hazardous waste facility that was in operation 18,600
immediately prior to October 9, 1980, may continue to operate 18,601
after that date if it does all of the following: 18,602
(a) Complies with performance standards adopted by the 18,604
director pursuant to division (D) of section 3734.12 of the 18,605
Revised Code; 18,606
(b) Submits a completed application for a hazardous waste 18,608
installation and operation permit under division (C) of this 18,609
section within six months after October 9, 1980; 18,610
(c) Obtains the permit under division (D) of this section 18,612
within twelve months after October 9, 1980. 18,613
(3) No political subdivision of this state shall require 18,615
any additional zoning or other approval, consent, permit, 18,616
certificate, or condition for the construction or operation of a 18,617
hazardous waste facility authorized by a hazardous waste facility 18,618
installation and operation permit issued pursuant to this 18,619
chapter, nor shall any political subdivision adopt or enforce any 18,620
law, ordinance, or rule that in any way alters, impairs, or 18,621
limits the authority granted in the permit. 18,622
(4) After the issuance of a hazardous waste facility 18,624
installation and operation permit by the board, each hazardous 18,625
waste facility shall be subject to the rules and supervision of 18,626
the director during the period of its operation, closure, and 18,627
430
post-closure care, if applicable. 18,628
(F) Upon approval of the board in accordance with 18,630
divisions (D) and (E) of this section, the board may issue a 18,631
single hazardous waste facility installation and operation permit 18,632
to a person who operates two or more adjoining facilities where 18,633
hazardous waste is stored, treated, or disposed of if the 18,634
application includes detail plans, specifications, and 18,635
information on all facilities. For the purposes of this section, 18,636
"adjoining" means sharing a common boundary, separated only by a 18,637
public road, or in such proximity that the director determines 18,638
that the issuance of a single permit will not create a hazard to 18,639
the public health or safety or the environment. 18,640
(G) No person shall falsify or fail to keep or submit any 18,642
plans, specifications, data, reports, records, manifests, or 18,643
other information required to be kept or submitted to the 18,644
director or to the hazardous waste facility board by this chapter 18,645
or the rules adopted under it. 18,646
(H)(1) Each person who holds an installation and operation 18,648
permit issued under this section and who wishes to obtain a 18,649
permit renewal shall submit a completed application for an 18,650
installation and operation permit renewal and any necessary 18,651
accompanying general plans, detail plans, specifications, and 18,652
such information as the director may require to the director no 18,653
later than one hundred eighty days prior to the expiration date 18,654
of the existing permit or upon a later date prior to the 18,655
expiration of the existing permit if the permittee can 18,656
demonstrate good cause for the late submittal. The director 18,657
shall consider the application and accompanying information, 18,658
inspection reports of the facility, results of performance tests, 18,659
a report regarding the facility's compliance or noncompliance 18,660
with the terms and conditions of its permit and rules adopted by 18,661
the director under this chapter, and such other information as is 18,662
relevant to the operation of the facility and shall issue a draft 18,663
renewal permit or a notice of intent to deny the renewal permit. 18,664
431
The director, in accordance with rules adopted under this section 18,665
or with rules adopted to implement Chapter 3745. of the Revised 18,666
Code, shall give public notice of the application and draft 18,667
renewal permit or notice of intent to deny the renewal permit, 18,668
provide for the opportunity for public comments within a 18,669
specified time period, schedule a public meeting in the county in 18,670
which the facility is located if significant interest is shown, 18,671
and give public notice of the public meeting. 18,672
(2) Within sixty days after the public meeting or close of 18,674
the public comment period, the director, without prior hearing, 18,675
shall issue or deny the renewal permit in accordance with Chapter 18,676
3745. of the Revised Code. The director shall not issue a 18,677
renewal permit unless the director determines that the facility 18,679
under the existing permit has a history of compliance with this 18,680
chapter, rules adopted under it, the existing permit, or orders 18,681
entered to enforce such requirements that demonstrates sufficient 18,682
reliability, expertise, and competency to operate the facility 18,683
henceforth under this chapter, rules adopted under it, and the 18,684
renewal permit. If the director approves an application for a 18,685
renewal permit, the director shall issue the permit subject to 18,687
the payment of the annual permit fee required under division (E) 18,688
of section 3734.02 of the Revised Code and upon such terms and 18,689
conditions as the director finds are reasonable to ensure that 18,690
continued operation, maintenance, closure, and post-closure care 18,692
of the hazardous waste facility are in accordance with the rules 18,693
adopted under section 3734.12 of the Revised Code. 18,694
(3) An installation and operation permit renewal 18,696
application submitted to the director that also contains or would 18,697
constitute an application for a modification shall be acted upon 18,699
by the director in accordance with division (I) of this section 18,700
in the same manner as an application for a modification. In 18,701
approving or disapproving the renewal portion of a permit renewal 18,703
application containing an application for a modification, the 18,704
director shall apply the criteria established under division 18,706
432
(H)(2) of this section.
(4) An application for renewal or modification of a permit 18,709
that does not contain an application for a modification as 18,710
described in divisions (I)(3)(a) to (d) of this section shall not 18,712
be subject to division (D) of this section. 18,713
(I)(1) As used in this section, "modification" means a 18,715
change or alteration to a hazardous waste facility or its 18,716
operations that is inconsistent with or not authorized by its 18,718
existing permit or authorization to operate. Modifications shall
be classified as Class 1, 2, or 3 modifications in accordance 18,720
with rules adopted under division (K) of this section. 18,721
Modifications classified as Class 3 modifications, in accordance 18,722
with rules adopted under that division, shall be further 18,723
classified by the director as either Class 3 modifications that 18,724
are to be approved or disapproved by the hazardous waste facility 18,725
board as described in divisions (I)(3)(a) to (d) of this section 18,726
or as Class 3 modifications that are to be approved or 18,727
disapproved by the director under division (I)(5) of this 18,728
section. Not later than thirty days after receiving a request 18,729
for a modification under division (I)(4) of this section that is 18,730
not listed in Appendix I to 40 C.F.R. 270.42 or in rules adopted 18,732
under division (K) of this section, the director shall classify 18,733
the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. 18,734
Notwithstanding any other law to the contrary, any modification 18,736
that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator 18,737
shall be classified as a Class 3 modification. 18,738
(2) Except as provided in section 3734.123 of the Revised 18,740
Code, a hazardous waste facility installation and operation 18,741
permit may be modified at the request of the director or upon the 18,743
written request of the permittee only if any of the following 18,744
applies:
(a) The permittee desires to accomplish alterations, 18,746
433
additions, or deletions to the permitted facility or to undertake 18,747
alterations, additions, deletions, or activities that are 18,748
inconsistent with or not authorized by the existing permit; 18,749
(b) New information or data justify permit conditions in 18,751
addition to or different from those in the existing permit; 18,752
(c) The standards, criteria, or rules upon which the 18,754
existing permit is based have been changed by new, amended, or 18,755
rescinded standards, criteria, or rules, or by judicial decision 18,756
after the existing permit was issued, and the change justifies 18,757
permit conditions in addition to or different from those in the 18,758
existing permit; 18,759
(d) The permittee proposes to transfer the permit to 18,761
another person. 18,762
(3) The director has jurisdiction to approve or disapprove 18,764
applications for Class 1 modifications, Class 2 modifications, 18,765
and Class 3 modifications not otherwise described in divisions 18,766
(I)(3)(a) to (d) of this section. The hazardous waste facility 18,769
board has jurisdiction to approve or disapprove applications for 18,770
any of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or disposal 18,773
at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or 18,774
disposal activity by the facility's permit; 18,775
(b) Modification or addition of a hazardous waste 18,777
management unit, as defined in rules adopted under section 18,778
3734.12 of the Revised Code, that results in an increase in a 18,779
facility's storage capacity of more than twenty-five per cent 18,780
over the capacity authorized by the facility's permit, an 18,781
increase in a facility's treatment rate of more than twenty-five 18,783
per cent over the rate so authorized, or an increase in a 18,784
facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be 18,785
calculated from the approved design plans for the disposal units 18,786
at that facility. In no case during a five-year period shall a 18,787
434
facility's storage capacity or treatment rate be modified to 18,789
increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of 18,790
division (I) of this section to the contrary, a request for 18,792
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director. 18,793
(c) Authority to add any of the following categories of 18,795
regulated activities not previously authorized at a facility by 18,796
the facility's permit: storage at a facility not previously 18,797
authorized to store hazardous waste, treatment at a facility not 18,798
previously authorized to treat hazardous waste, or disposal at a 18,799
facility not previously authorized to dispose of hazardous waste; 18,800
or authority to add a category of hazardous waste management unit 18,801
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this 18,802
section to the contrary, a request for authority to add or to 18,803
modify an activity or a hazardous waste management unit for the 18,804
purposes of performing a corrective action shall be classified 18,805
and approved or disapproved by the director.
(d) Authority to treat, store, or dispose of waste types 18,807
listed or characterized as reactive or explosive, in rules 18,809
adopted under section 3734.12 of the Revised Code, or any acute 18,810
hazardous waste listed in 40 C.F.R. 261.33(e), as amended, at a 18,811
facility not previously authorized to treat, store, or dispose of 18,812
those types of wastes by the facility's permit unless the 18,813
requested authority is limited to wastes that no longer exhibit 18,815
characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing 18,816
as acute hazardous waste, but still are required to carry those 18,817
waste codes as established in rules adopted under section 3734.12 18,818
of the Revised Code because of the requirements established in 40 18,819
C.F.R. 261(a) and (e), as amended, that is, the "mixture," 18,820
"derived-from," or "contained-in" regulations. 18,821
(4) A written request for a modification from the 18,824
435
permittee shall be submitted to the director and shall contain 18,825
such information as is necessary to support the request. The 18,826
director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to (d) of this 18,828
section within two hundred forty days after receiving the 18,829
requests. Requests for modifications shall be acted upon by the 18,830
director or the board, as appropriate, in accordance with this 18,831
section and rules adopted under it. 18,832
(5) Class 1 modification applications that require prior 18,835
approval of the director, as determined in accordance with rules 18,836
adopted under division (K) of this section, Class 2 modification 18,837
applications, and Class 3 modification applications that are not 18,838
described in divisions (I)(3)(a) to (d) of this section shall be 18,840
approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county 18,841
commissioners of the county, the board of township trustees of 18,842
the township, and the city manager or mayor of the municipal 18,843
corporation in which a hazardous waste facility is located shall 18,844
receive notification of any application for a modification for 18,845
that facility and shall be considered as interested persons with 18,846
respect to the director's consideration of the application. 18,847
For those modification applications for a transfer of a 18,850
permit to a new owner or operator of a facility, the director 18,851
also shall determine that, if the transferee owner or operator 18,852
has been involved in any prior activity involving the 18,854
transportation, treatment, storage, or disposal of hazardous 18,855
waste, the transferee owner or operator has a history of
compliance with this chapter and Chapters 3704. and 6111. of the 18,857
Revised Code and all rules and standards adopted under them, the 18,859
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 18,860
42 U.S.C.A. 6921, as amended, and all regulations adopted under 18,861
it, and similar laws and rules of another state if the transferee 18,862
owner or operator owns or operates a facility in that state, that 18,863
demonstrates sufficient reliability, expertise, and competency to
436
operate a hazardous waste facility under this chapter and 18,865
Chapters 3704. and 6111. of the Revised Code, all rules and 18,867
standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given 18,868
the potential for harm to the public health and safety and the 18,869
environment that could result from the irresponsible operation of 18,870
the facility. A permit may be transferred to a new owner or 18,872
operator only pursuant to a Class 3 permit modification.
As used in division (I)(5) of this section: 18,875
(a) "Owner" means the person who owns a majority or 18,877
controlling interest in a facility. 18,878
(b) "Operator" means the person who is responsible for the 18,880
overall operation of a facility. 18,881
The director shall approve or disapprove an application for 18,883
a Class 1 modification that requires the director's approval 18,884
within sixty days after receiving the request for modification. 18,885
The director shall approve or disapprove an application for a 18,886
Class 2 modification within three hundred days after receiving 18,887
the request for modification. The director shall approve or 18,888
disapprove an application for a Class 3 modification that is not 18,890
described in divisions (I)(3)(a) to (d) of this section within 18,891
three hundred sixty-five days after receiving the request for 18,892
modification.
(6) The approval or disapproval by the director of a Class 18,894
1 modification application is not a final action that is 18,895
appealable under Chapter 3745. of the Revised Code. The approval 18,896
or disapproval by the director of a Class 2 modification or a 18,898
Class 3 modification that is not described in divisions (I)(3)(a) 18,899
to (d) of this section is a final action that is appealable under 18,900
that chapter. In approving or disapproving a request for a 18,901
modification, the director shall consider all comments pertaining 18,902
to the request that are received during the public comment period 18,903
and the public meetings. The administrative record for appeal of 18,904
a final action by the director in approving or disapproving a
437
request for a modification shall include all comments received 18,905
during the public comment period relating to the request for 18,906
modification, written materials submitted at the public meetings 18,907
relating to the request, and any other documents related to the 18,908
director's action.
(7) The hazardous waste facility board shall approve or 18,910
disapprove an application for a Class 3 modification transmitted 18,912
to it under division (I)(4) of this section, or that portion of a 18,914
permit renewal application that constitutes a Class 3 18,915
modification application so transmitted, of a hazardous waste
facility installation and operation permit in accordance with 18,917
division (D) of this section. No other request for a 18,918
modification shall be subject to division (D)(6) of this section. 18,919
No aspect of a permitted facility or its operations that is not 18,921
being modified as described in division (I)(3)(a), (b), (c), or 18,922
(d) of this section shall be subject to review by the board under 18,924
division (D) of this section.
(8) Notwithstanding any other provision of law to the 18,926
contrary, a change or alteration to a hazardous waste facility 18,927
described in division (E)(3)(a) or (b) of section 3734.02 of the 18,928
Revised Code, or its operations, is a modification for the 18,929
purposes of this section. An application for a modification at 18,931
such a facility shall be submitted, classified, and approved or 18,932
disapproved in accordance with divisions (I)(1) to (7) of this 18,933
section in the same manner as a modification to a hazardous waste 18,934
facility installation and operation permit. 18,935
(J)(1) Except as provided in division (J)(2) of this 18,937
section, an owner or operator of a hazardous waste facility that 18,939
is operating in accordance with a permit by rule under rules 18,940
adopted by the director under division (E)(3)(b) of section 18,941
3734.02 of the Revised Code shall submit either a hazardous waste 18,943
facility installation and operation permit application for the 18,944
facility or a modification application, whichever is required 18,945
under division (J)(1)(a) or (b) of this section, within one 18,946
438
hundred eighty days after the director has requested the 18,947
application or upon a later date if the owner or operator 18,948
demonstrates to the director good cause for the late submittal. 18,949
(a) If the owner or operator does not have a hazardous 18,951
waste facility installation and operation permit for any 18,952
hazardous waste treatment, storage, or disposal activities at the 18,953
facility, the owner or operator shall submit an application for 18,955
such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other provision of law 18,957
to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures 18,958
governing the approval or disapproval of permit renewals under 18,959
division (H) of this section. 18,960
(b) If the owner or operator has a hazardous waste 18,962
facility installation and operation permit for hazardous waste 18,963
treatment, storage, or disposal activities at the facility other 18,964
than those authorized by the permit by rule, the owner or 18,965
operator shall submit to the director a request for modification 18,966
in accordance with division (I) of this section. Notwithstanding 18,967
any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance 18,968
with rules adopted under division (K) of this section. 18,969
(2) The owner or operator of a boiler or industrial 18,971
furnace that is conducting thermal treatment activities in 18,972
accordance with a permit by rule under rules adopted by the 18,973
director under division (E)(3)(b) of section 3734.02 of the 18,975
Revised Code shall submit a hazardous waste facility installation 18,977
and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, 18,978
storage, or disposal activities at the facility or, if the owner 18,979
or operator has such a permit for hazardous waste treatment, 18,980
storage, or disposal activities at the facility other than 18,981
thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by 18,982
439
the permit by rule, whichever is applicable, within one hundred 18,983
eighty days after the director has requested the submission of 18,984
the application or upon a later date if the owner or operator 18,985
demonstrates to the director good cause for the late submittal. 18,986
The application shall be accompanied by information necessary to 18,987
support the request. The hazardous waste facility board shall 18,988
approve or disapprove the application in accordance with division 18,989
(D) of this section, except that the board shall not disapprove 18,990
an application for the thermal treatment activities on the basis 18,991
of the criteria set forth in division (D)(6)(g) or (h) of this 18,993
section.
(3) As used in division (J) of this section: 18,996
(a) "Modification application" means a request for a 18,998
modification submitted in accordance with division (I) of this 19,000
section.
(b) "Thermal treatment," "boiler," and "industrial 19,002
furnace" have the same meanings as in rules adopted under section 19,003
3734.12 of the Revised Code. 19,004
(K) The director shall adopt, and may amend, suspend, or 19,006
rescind, rules in accordance with Chapter 119. of the Revised 19,007
Code in order to implement divisions (H) and (I) of this section. 19,008
Except when in actual conflict with this section, rules governing 19,009
the classification of and procedures for the modification of 19,010
hazardous waste facility installation and operation permits shall 19,011
be substantively and procedurally identical to the regulations 19,012
governing hazardous waste facility permitting and permit 19,013
modifications adopted under the "Resource Conservation and 19,014
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 19,015
amended.
Sec. 3734.06. (A)(1) Except as provided in division 19,024
(A)(2), (3), and (4) of this section and in section 3734.82 of 19,025
the Revised Code, the annual fee for a solid waste facility 19,026
license shall be in accordance with the following schedule: 19,027
AUTHORIZED MAXIMUM ANNUAL 19,029
440
DAILY WASTE LICENSE 19,030
RECEIPT (TONS) FEE 19,031
100 or less $ 5,000 19,032
101 to 200 12,500 19,033
201 to 500 30,000 19,034
501 or more 60,000 19,035
For the purpose of determining the applicable license fee 19,037
under divisions (A)(1) and (2) of this section, the authorized 19,038
maximum daily waste receipt shall be the maximum amount of wastes 19,039
the facility is authorized to receive daily that is established 19,040
in the permit for the facility, and any modifications to that 19,041
permit, issued under division (A)(2) or (3) of section 3734.05 of 19,042
the Revised Code; the annual license for the facility, and any 19,043
revisions to that license, issued under division (A)(1) of 19,044
section 3734.05 of the Revised Code; the approved operating plan 19,045
or operational report for which submission and approval are 19,046
required by rules adopted by the director of environmental 19,047
protection under section 3734.02 of the Revised Code; an order 19,048
issued by the director as authorized by rule; or the updated 19,049
engineering plans, specifications, and facility and operation 19,050
information approved under division (A)(4) of section 3734.05 of 19,051
the Revised Code. If no authorized maximum daily waste receipt 19,052
is so established, the annual license fee is sixty thousand 19,053
dollars under division (A)(1) of this section and thirty thousand 19,054
dollars under division (A)(2) of this section. 19,055
The authorized maximum daily waste receipt set forth in any 19,057
such document shall be stated in terms of cubic yards of volume 19,058
for the purpose of regulating the design, construction, and 19,059
operation of a solid waste facility. For the purpose of 19,060
determining applicable license fees under this section, the 19,061
authorized maximum daily waste receipt so stated shall be 19,062
converted from cubic yards to tons as the unit of measurement 19,063
based upon a conversion factor of three cubic yards per ton for 19,064
compacted wastes generally and one cubic yard per ton for baled 19,065
441
wastes. 19,066
(2) The annual license fee for a facility that is an 19,068
incinerator or composting facility is one-half the amount shown 19,069
in division (A)(1) of this section. When a municipal 19,070
corporation, county, or township owns and operates more than one 19,071
incinerator within its boundaries, the municipal corporation, 19,072
county, or township shall pay one fee for the licenses for all of 19,073
its incinerators. The fee shall be determined on the basis of 19,074
the aggregate maximum daily waste receipt for all the 19,075
incinerators owned and operated by the municipal corporation, 19,076
county, or township in an amount that is one-half the amount 19,077
shown in division (A)(1) of this section. 19,078
THE ANNUAL FEE FOR A SOLID WASTE COMPOST FACILITY LICENSE 19,080
SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 19,081
AUTHORIZED MAXIMUM ANNUAL 19,083
DAILY WASTE LICENSE 19,084
RECEIPT (TONS) FEE 19,085
12 OR LESS $ 300 19,086
13 TO 25 600 19,087
26 TO 50 1,200 19,088
51 TO 75 1,800 19,089
76 TO 100 2,500 19,090
101 TO 200 6,250 19,091
201 TO 500 15,000 19,092
501 OR MORE 30,000 19,093
(3) The annual license fee for a solid waste facility, 19,096
regardless of its authorized maximum daily waste receipt, is five 19,097
thousand dollars for a facility meeting either of the following 19,098
qualifications: 19,099
(a) The facility is owned by a generator of solid wastes 19,101
when the solid waste facility exclusively disposes of solid 19,102
wastes generated at one or more premises owned by the generator 19,103
regardless of whether the facility is located on a premises where 19,104
the wastes are generated; 19,105
442
(b) The facility exclusively disposes of wastes that are 19,107
generated from the combustion of coal, or from the combustion of 19,108
primarily coal in combination with scrap tires, that is not 19,109
combined in any way with garbage at one or more premises owned by 19,110
the generator. 19,111
(4) The annual license fee for a facility that is a 19,113
transfer facility is seven hundred fifty dollars. 19,114
(5) The same fees shall apply to private operators and to 19,116
the state and its political subdivisions and shall be paid within 19,117
thirty days after issuance of a license. The fee includes the 19,118
cost of licensing, all inspections, and other costs associated 19,119
with the administration of the solid waste provisions of this 19,120
chapter and rules adopted under them, excluding the provisions 19,121
governing scrap tires. Each such license shall specify that it 19,122
is conditioned upon payment of the applicable fee to the board of 19,123
health or the director, as appropriate, within thirty days after 19,124
issuance of the license. 19,125
(B) The board of health shall retain two thousand five 19,127
hundred dollars of each license fee collected by the board under 19,128
divisions (A)(1), (2), and (3) of this section OR THE ENTIRE 19,129
AMOUNT OF ANY SUCH FEE THAT IS LESS THAN TWO THOUSAND FIVE 19,130
HUNDRED DOLLARS. The moneys retained shall be paid into a 19,131
special fund, which is hereby created in each health district, 19,132
and used solely to administer and enforce the solid waste 19,133
provisions of this chapter and the rules adopted under them, 19,134
excluding the provisions governing scrap tires. The remainder of 19,135
each license fee collected by the board shall be transmitted to 19,136
the director within forty-five days after receipt of the fee. 19,137
The director shall transmit these moneys to the treasurer of 19,138
state to be credited to the general revenue fund. The board of 19,139
health shall retain the entire amount of each fee collected under 19,140
division (A)(4) of this section, which moneys shall be paid into 19,141
the special fund of the health district. 19,142
(C)(1) Except as provided in divisions (C)(2) and (3) of 19,144
443
this section, the annual fee for an infectious waste treatment 19,145
facility license shall be in accordance with the following 19,146
schedule: 19,147
AVERAGE ANNUAL 19,149
DAILY WASTE LICENSE 19,150
RECEIPT (TONS) FEE 19,151
100 or less $ 5,000 19,152
101 to 200 12,500 19,153
201 to 500 30,000 19,154
501 or more 60,000 19,155
For the purpose of determining the applicable license fee 19,158
under divisions (C)(1) and (2) of this section, the average daily 19,159
waste receipt shall be the average amount of infectious wastes 19,160
the facility is authorized to receive daily that is established 19,161
in the permit for the facility, and any modifications to that 19,162
permit, issued under division (B)(2)(b) or (d) of section 3734.05 19,163
of the Revised Code; or the annual license for the facility, and 19,164
any revisions to that license, issued under division (B)(2)(a) of 19,165
section 3734.05 of the Revised Code. If no average daily waste 19,166
receipt is so established, the annual license fee is sixty 19,167
thousand dollars under division (C)(1) of this section and thirty 19,168
thousand dollars under division (C)(2) of this section. 19,169
(2) The annual license fee for an infectious waste 19,171
treatment facility that is an incinerator is one-half the amount 19,172
shown in division (C)(1) of this section. 19,173
(3) Fees levied under divisions (C)(1) and (2) of this 19,175
section shall apply to private operators and to the state and its 19,176
political subdivisions and shall be paid within thirty days after 19,177
issuance of a license. The fee includes the cost of licensing, 19,178
all inspections, and other costs associated with the 19,179
administration of the infectious waste provisions of this chapter 19,180
and rules adopted under them. Each such license shall specify 19,181
that it is conditioned upon payment of the applicable fee to the 19,182
board of health or the director, as appropriate, within thirty 19,183
444
days after issuance of the license. 19,184
(4) The board of health shall retain two thousand five 19,186
hundred dollars of each license fee collected by the board under 19,187
divisions (C)(1) and (2) of this section. The moneys retained 19,188
shall be paid into a special infectious waste fund, which is 19,189
hereby created in each health district, and used solely to 19,190
administer and enforce the infectious waste provisions of this 19,191
chapter and the rules adopted under them. The remainder of each 19,192
license fee collected by the board shall be transmitted to the 19,193
director within forty-five days after receipt of the fee. The 19,194
director shall transmit these moneys to the treasurer of state to 19,195
be credited to the general revenue fund. 19,196
Sec. 3734.18. (A) There are hereby levied fees on the 19,205
disposal of hazardous waste to be collected according to the 19,206
following schedule at each disposal facility to which the 19,207
hazardous waste facility board has issued a hazardous waste 19,208
facility installation and operation permit or the director of 19,209
environmental protection has issued a renewal permit pursuant to 19,210
section 3734.05 of the Revised Code: 19,211
(1) For disposal facilities that are off-site facilities 19,213
as defined in division (E) of section 3734.02 of the Revised 19,214
Code, fees shall be levied at the rate of four dollars and fifty 19,215
cents per ton for hazardous waste disposed of by deep well 19,216
injection and nine dollars per ton for hazardous waste disposed 19,218
of by land application or landfilling. The owner or operator of 19,219
the facility, as a trustee for the state, shall collect the fees 19,220
and forward them to the director in accordance with rules adopted 19,221
under this section. 19,222
(2) For disposal facilities that are on-site or satellite 19,224
facilities, as defined in division (E) of section 3734.02 of the 19,225
Revised Code, fees shall be levied at the rate of two dollars per 19,226
ton for hazardous waste disposed of by deep well injection and 19,227
four dollars per ton for hazardous waste disposed of by land 19,228
application or landfilling. The maximum annual disposal fee for 19,229
445
an on-site disposal facility that disposes of one hundred 19,230
thousand tons or less of hazardous waste in a year is twenty-five 19,231
thousand dollars. The maximum annual disposal fee for an on-site 19,232
facility that disposes of more than one hundred thousand tons of 19,233
hazardous waste in a year by land application or landfilling is 19,234
fifty thousand dollars, and the maximum annual fee for an on-site 19,235
facility that disposes of more than one hundred thousand tons of 19,236
hazardous waste in a year by deep well injection is one hundred 19,237
thousand dollars. The maximum annual disposal fee for a 19,238
satellite facility that disposes of one hundred thousand tons or 19,239
less of hazardous waste in a year is thirty-seven thousand five 19,240
hundred dollars, and the maximum annual disposal fee for a 19,241
satellite facility that disposes of more than one hundred 19,242
thousand tons of hazardous waste in a year is seventy-five 19,243
thousand dollars, except that a satellite facility defined under 19,244
division (E)(3)(b) of section 3734.02 of the Revised Code that 19,245
receives hazardous waste from a single generation site is subject 19,246
to the same maximum annual disposal fees as an on-site disposal 19,247
facility. The owner or operator shall pay the fee to the 19,248
director each year upon the anniversary of the date of issuance 19,249
of the owner's or operator's installation and operation permit 19,251
during the term of that permit and any renewal permit issued 19,252
under division (H) of section 3734.05 of the Revised Code. If 19,253
payment is late, the owner or operator shall pay an additional 19,254
ten per cent of the amount of the fee for each month that it is 19,255
late.
(B) There are hereby levied fees at the rate of two 19,257
dollars per ton on hazardous waste that is treated at treatment 19,259
facilities that are not on-site or satellite facilities, as 19,260
defined in division (E) of section 3734.02 of the Revised Code, 19,261
to which the hazardous waste facility board has issued a 19,262
hazardous waste facility installation and operation permit or the 19,263
director has issued a renewal permit, or that are not subject to 19,265
the hazardous waste facility installation and operation permit 19,266
446
requirements under rules adopted by the director. 19,267
(C) There are hereby levied additional fees on the 19,269
treatment and disposal of hazardous waste at the rate of ten per 19,270
cent of the applicable fees prescribed in division (A) or (B) of 19,272
this section for the purposes of paying the costs of municipal 19,273
corporations and counties for conducting reviews of applications 19,274
for hazardous waste facility installation and operation permits 19,275
for proposed new or modified hazardous waste landfills within 19,276
their boundaries, emergency response actions with respect to 19,277
releases of hazardous waste from hazardous waste facilities 19,278
within their boundaries, monitoring the operation of such 19,279
hazardous waste facilities, and local waste management planning 19,280
programs. The owner or operator of a facility located within a 19,281
municipal corporation, as a trustee for the municipal
corporation, shall collect the fees levied by this division and 19,282
forward them to the treasurer of the municipal corporation or 19,283
such officer as, by virtue of the charter, has the duties of the 19,284
treasurer in accordance with rules adopted under this section. 19,286
The owner or operator of a facility located in an unincorporated 19,287
area, as a trustee of the county in which the facility is 19,288
located, shall collect the fees levied by this division and 19,289
forward them to the county treasurer of that county in accordance 19,290
with rules adopted under this section. The owner or operator 19,291
shall pay the fees levied by this division to the treasurer or 19,292
such other officer of the municipal corporation or to the county 19,293
treasurer each year upon the anniversary of the date of issuance 19,294
of the owner's or operator's installation and operation permit 19,296
during the term of that permit and any renewal permit issued 19,297
under division (H) of section 3734.05 of the Revised Code. If 19,298
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 19,299
payment is late.
Moneys received by a municipal corporation under this 19,301
division shall be paid into a special fund of the municipal 19,302
447
corporation and used exclusively for the purposes of conducting 19,303
reviews of applications for hazardous waste facility installation 19,304
and operation permits for new or modified hazardous waste 19,305
landfills located or proposed within the municipal corporation, 19,306
conducting emergency response actions with respect to releases of 19,307
hazardous waste from facilities located within the municipal 19,308
corporation, monitoring operation of such hazardous waste 19,309
facilities, and conducting waste management planning programs 19,310
within the municipal corporation through employees of the 19,311
municipal corporation or pursuant to contracts entered into with 19,312
persons or political subdivisions. Moneys received by a board of 19,313
county commissioners under this division shall be paid into a 19,314
special fund of the county and used exclusively for those 19,315
purposes within the unincorporated area of the county through 19,316
employees of the county or pursuant to contracts entered into 19,317
with persons or political subdivisions. 19,318
(D) As used in this section, "treatment" or "treated" does 19,320
not include any method, technique, or process designed to recover 19,321
energy or material resources from the waste or to render the 19,322
waste amenable for recovery. The fees levied by division (B) of 19,325
this section do not apply to hazardous waste that is treated and 19,326
disposed of on the same premises or by the same person. 19,327
(E) The director, by rules adopted in accordance with 19,329
Chapters 119. and 3745. of the Revised Code, shall prescribe any 19,330
dates not specified in this section and procedures for collecting 19,331
and forwarding the fees prescribed by this section and may 19,332
prescribe other requirements that are necessary to carry out this 19,333
section. 19,334
The director shall deposit the moneys collected under 19,336
divisions (A) and (B) of this section into one or more minority 19,339
banks, as "minority bank" is defined in division (F)(1) of 19,341
section 135.04 of the Revised Code, to the credit of the
hazardous waste facility management fund, which is hereby created 19,342
in the state treasury, except that the director shall deposit to 19,343
448
the credit of the underground injection control fund created in 19,344
section 6111.046 of the Revised Code moneys in excess of fifty 19,345
thousand dollars that are collected during a fiscal year under 19,346
division (A)(2) of this section from the fee levied on the 19,347
disposal of hazardous waste by deep well injection at an on-site 19,348
disposal facility that disposes of more than one hundred thousand 19,349
tons of hazardous waste in a year. 19,350
The environmental protection agency and the hazardous waste 19,352
facility board may use moneys in the hazardous waste facility 19,353
management fund for administration of the hazardous waste program 19,354
established under this chapter and, in accordance with this 19,355
section, may request approval by the controlling board for that 19,357
use on an annual basis. In addition, the agency may use and 19,358
pledge moneys in that fund for repayment of and for interest on 19,359
any loans made by the Ohio water development authority to the 19,360
agency for the hazardous waste program established under this 19,361
chapter without the necessity of requesting approval by the 19,362
controlling board, which use and pledge shall have priority over 19,363
any other use of the moneys in the fund. 19,364
Until September 28, 1996, the director also may use moneys 19,367
in the fund to pay the start-up costs of administering Chapter 19,368
3746. of the Revised Code. Not later than thirteen years after 19,369
so using any such moneys, ending on June 30, 2008, the director 19,370
shall reimburse the fund in the amount of moneys so used with 19,371
moneys from the voluntary action program administration fund 19,372
created in section 3746.16 of the Revised Code. Beginning in 19,373
fiscal year 1999, the amount that is reimbursed in each fiscal 19,374
year shall not exceed two hundred eighty thousand three hundred
twenty-eight dollars. 19,375
If moneys in the hazardous waste facility management fund 19,377
that the agency uses in accordance with this chapter are 19,378
reimbursed by grants or other moneys from the United States 19,379
government, the grants or other moneys shall be placed in the 19,380
fund. If moneys in the fund that the agency uses to pay the 19,381
449
state's long-term operation and maintenance costs or matching 19,382
share for actions taken under the "Comprehensive Environmental 19,383
Response, Compensation, and Liability Act of 1980," 94 Stat. 19,384
2767, 42 U.S.C.A. 9601, as amended, are reimbursed by grants or 19,385
other moneys from any person, the reimbursed moneys shall be 19,386
placed in the fund for reuse as the state's long term operation 19,387
and maintenance costs or matching share for such actions and not 19,388
in the general revenue fund or the hazardous waste clean-up fund 19,389
created in section 3734.28 of the Revised Code. 19,390
Before the agency makes any expenditure from the hazardous 19,392
waste facility management fund other than for repayment of and 19,393
interest on any loan made by the Ohio water development authority 19,394
to the agency in accordance with this section, the controlling 19,395
board shall approve the expenditure. 19,396
Sec. 3734.28. All moneys collected under sections 19,406
3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the 19,408
Revised Code and natural resource damages collected by the state 19,409
under the "Comprehensive Environmental Response, Compensation, 19,410
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 19,411
amended, shall be paid into the state treasury to the credit of 19,412
the hazardous waste clean-up fund, which is hereby created. The 19,413
environmental protection agency shall use the moneys in the fund 19,414
only for the purposes set forth in division (D) of section
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 19,416
3734.26, and 3734.27, and, through June 30, 1999 2001, Chapter 19,418
3746. of the Revised Code and for any related enforcement 19,419
expenses. IN ADDITION, THE AGENCY SHALL USE THE MONEYS IN THE 19,420
FUND TO PAY THE STATE'S LONG-TERM OPERATION AND MAINTENANCE COSTS 19,421
OR MATCHING SHARE FOR ACTIONS TAKEN UNDER THE COMPREHENSIVE 19,422
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 19,423
AS AMENDED. IF THOSE MONEYS ARE REIMBURSED BY GRANTS OR OTHER 19,424
MONEYS FROM THE UNITED STATES OR ANY OTHER PERSON, THE MONEYS 19,425
SHALL BE PLACED IN THE FUND AND NOT IN THE GENERAL REVENUE FUND. 19,426
Sec. 3734.281. NOTWITHSTANDING ANY PROVISION OF LAW TO 19,428
450
THE CONTRARY, ANY MONEYS SET ASIDE BY THE STATE FOR THE CLEANUP 19,429
AND REMEDIATION OF THE ASHTABULA RIVER; ANY MONEYS COLLECTED FROM 19,430
SETTLEMENTS MADE BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION, 19,431
INCLUDING THOSE ASSOCIATED WITH BANKRUPTCIES, RELATED TO ACTIONS 19,433
BROUGHT UNDER SECTION 3734.14, 3734.20, 3734.22, 6111.03, OR
6111.04 OF THE REVISED CODE; AND ANY MONEYS RECEIVED UNDER THE 19,435
"COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 19,439
LIABILITY ACT OF 1980," 94 STAT. 2767, 42 U.S.C. 9602, AS 19,440
AMENDED, MAY BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 19,441
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 19,442
AT A HAZARDOUS WASTE FACILITY, SOLID WASTE FACILITY, OR OTHER 19,443
LOCATION AT WHICH THE DIRECTOR HAS REASON TO BELIEVE THERE IS A 19,444
SUBSTANTIAL THREAT TO PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT. 19,445
REMEDIATION MAY INCLUDE THE DIRECT AND INDIRECT COSTS ASSOCIATED 19,446
WITH THE OVERSEEING, SUPERVISING, PERFORMING, VERIFYING, OR 19,447
REVIEWING OF REMEDIATION ACTIVITIES BY AGENCY EMPLOYEES. ALL 19,448
INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 19,449
Sec. 3734.57. (A) For the purposes of paying the state's 19,458
long-term operation costs or matching share for actions taken 19,459
under the "Comprehensive Environmental Response, Compensation, 19,460
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 19,461
amended; paying the costs of measures for proper clean-up of 19,462
sites where polychlorinated biphenyls and substances, equipment, 19,463
and devices containing or contaminated with polychlorinated 19,464
biphenyls have been stored or disposed of; paying the costs of 19,465
conducting surveys or investigations of solid waste facilities or 19,466
other locations where it is believed that significant quantities 19,467
of hazardous waste were disposed of and for conducting 19,468
enforcement actions arising from the findings of such surveys or 19,469
investigations; and paying the costs of acquiring and cleaning 19,470
up, or providing financial assistance for cleaning up, any 19,471
hazardous waste facility or solid waste facility containing 19,472
451
significant quantities of hazardous waste, that constitutes an 19,473
imminent and substantial threat to public health or safety or the 19,474
environment; and, from July 1, 1997 1999, through June 30, 1999 19,476
2001, for the purposes of paying the costs of administering and 19,477
enforcing the laws pertaining to solid wastes, infectious wastes, 19,478
and construction and demolition debris, including, without 19,479
limitation, ground water evaluations related to solid wastes, 19,480
infectious wastes, and construction and demolition debris, under 19,481
this chapter and Chapter 3714. of the Revised Code and any rules 19,482
adopted under them, and paying a share of the administrative 19,483
costs of the environmental protection agency pursuant to section 19,484
3745.014 of the Revised Code, the following fees are hereby 19,485
levied on the disposal of solid wastes in this state: 19,486
(1) One dollar per ton on and after July 1, 1993; 19,488
(2) An additional seventy-five cents per ton on and after 19,491
July 1, 1997 1999, through June 30, 1999 2001. 19,492
The owner or operator of a solid waste disposal facility 19,494
shall collect the fees levied under this division as a trustee 19,495
for the state and shall prepare and file with the director of 19,496
environmental protection monthly returns indicating the total 19,497
tonnage of solid wastes received for disposal at the gate of the 19,498
facility and the total amount of the fees collected under this 19,499
division. Not later than thirty days after the last day of the 19,500
month to which such a return applies, the owner or operator shall 19,501
mail to the director the return for that month together with the 19,502
fees collected during that month as indicated on the return. The 19,503
owner or operator may request an extension of not more than 19,504
thirty days for filing the return and remitting the fees, 19,505
provided that the owner or operator has submitted such a request 19,507
in writing to the director together with a detailed description 19,508
of why the extension is requested, the director has received the 19,509
request not later than the day on which the return is required to 19,510
be filed, and the director has approved the request. If the fees 19,511
are not remitted within sixty days after the last day of the 19,512
452
month during which they were collected, the owner or operator 19,513
shall pay an additional fifty per cent of the amount of the fees 19,514
for each month that they are late. 19,515
One-half of the moneys remitted to the director under 19,517
division (A)(1) of this section shall be credited to the 19,518
hazardous waste facility management fund created in section 19,519
3734.18 of the Revised Code, and one-half shall be credited to 19,520
the hazardous waste clean-up fund created in section 3734.28 of 19,521
the Revised Code. The moneys remitted to the director under 19,522
division (A)(2) of this section shall be credited to the solid 19,523
waste fund, which is hereby created in the state treasury. The 19,524
environmental protection agency shall use moneys in the solid 19,525
waste fund only to pay the costs of administering and enforcing 19,526
the laws pertaining to solid wastes, infectious wastes, and 19,527
construction and demolition debris, including, without 19,528
limitation, ground water evaluations related to solid wastes, 19,529
infectious wastes, and construction and demolition debris, under 19,530
this chapter and Chapter 3714. of the Revised Code and rules 19,531
adopted under them and to pay a share of the administrative costs 19,533
of the environmental protection agency pursuant to section 19,534
3745.014 of the Revised Code. 19,535
The fees levied under this division and divisions (B) and 19,537
(C) of this section are in addition to all other applicable fees 19,538
and taxes and shall be added to any other fee or amount specified 19,539
in a contract that is charged by the owner or operator of a solid 19,540
waste disposal facility or to any other fee or amount that is 19,541
specified in a contract entered into on or after March 4, 1992, 19,542
and that is charged by a transporter of solid wastes. 19,543
(B) For the purpose of preparing, revising, and 19,545
implementing the solid waste management plan of the county or 19,546
joint solid waste management district, including, without 19,547
limitation, the development and implementation of solid waste 19,548
recycling or reduction programs; providing financial assistance 19,549
to boards of health within the district, if solid waste 19,550
453
facilities are located within the district, for the enforcement 19,551
of this chapter and rules adopted and orders and terms and 19,553
conditions of permits, licenses, and variances issued under it, 19,554
other than the hazardous waste provisions of this chapter and 19,555
rules adopted and orders and terms and conditions of permits 19,556
issued under those provisions; providing financial assistance to 19,558
the county to defray the added costs of maintaining roads and 19,559
other public facilities and of providing emergency and other 19,560
public services resulting from the location and operation of a 19,561
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 19,562
by boards of health for collecting and analyzing water samples 19,563
from public or private wells on lands adjacent to solid waste 19,564
facilities that are contained in the approved or amended plan of 19,565
the district; paying the costs of developing and implementing a 19,566
program for the inspection of solid wastes generated outside the 19,567
boundaries of this state that are disposed of at solid waste 19,568
facilities included in the district's approved solid waste 19,569
management plan or amended plan; providing financial assistance 19,570
to boards of health within the district for enforcing laws 19,571
prohibiting open dumping; providing financial assistance to local 19,572
law enforcement agencies within the district for enforcing laws 19,573
and ordinances prohibiting littering; providing financial 19,574
assistance to boards of health of health districts within the 19,575
district that are on the approved list under section 3734.08 of 19,576
the Revised Code for the training and certification required for 19,577
their employees responsible for solid waste enforcement by rules 19,578
adopted under division (L) of section 3734.02 of the Revised 19,579
Code; providing financial assistance to individual municipal 19,580
corporations and townships within the district to defray their 19,581
added costs of maintaining roads and other public facilities and 19,582
of providing emergency and other public services resulting from 19,583
the location and operation within their boundaries of a 19,584
composting, energy or resource recovery, incineration, or 19,585
454
recycling facility that either is owned by the district or is 19,586
furnishing solid waste management facility or recycling services 19,587
to the district pursuant to a contract or agreement with the 19,588
board of county commissioners or directors of the district; and 19,589
payment of any expenses that are agreed to, awarded, or ordered 19,590
to be paid under section 3734.35 of the Revised Code and of any 19,592
administrative costs incurred pursuant to that section, the solid 19,593
waste management policy committee of a county or joint solid 19,594
waste management district may levy fees upon the following
activities: 19,595
(1) The disposal at a solid waste disposal facility 19,597
located in the district of solid wastes generated within the 19,598
district; 19,599
(2) The disposal at a solid waste disposal facility within 19,601
the district of solid wastes generated outside the boundaries of 19,602
the district, but inside this state; 19,603
(3) The disposal at a solid waste disposal facility within 19,605
the district of solid wastes generated outside the boundaries of 19,606
this state. 19,607
If any such fees are levied prior to January 1, 1994, fees 19,609
levied under division (B)(1) of this section always shall be 19,610
equal to one-half of the fees levied under division (B)(2) of 19,611
this section, and fees levied under division (B)(3) of this 19,612
section, which shall be in addition to fees levied under division 19,613
(B)(2) of this section, always shall be equal to fees levied 19,614
under division (B)(1) of this section, except as otherwise 19,615
provided in this division. The solid waste management plan of 19,616
the county or joint district approved under section 3734.521 or 19,617
3734.55 of the Revised Code and any amendments to it, or the 19,618
resolution adopted under this division, as appropriate, shall 19,619
establish the rates of the fees levied under divisions (B)(1), 19,620
(2), and (3) of this section, if any, and shall specify whether 19,621
the fees are levied on the basis of tons or cubic yards as the 19,622
unit of measurement. Although the fees under divisions (A)(1) 19,623
455
and (2) of this section are levied on the basis of tons as the 19,624
unit of measurement, the solid waste management plan of the 19,625
district and any amendments to it or the solid waste management 19,626
policy committee in its resolution levying fees under this 19,627
division may direct that the fees levied under those divisions be 19,628
levied on the basis of cubic yards as the unit of measurement 19,629
based upon a conversion factor of three cubic yards per ton 19,630
generally or one cubic yard per ton for baled wastes if the fees 19,631
under divisions (B)(1) to (3) of this section are being levied on 19,632
the basis of cubic yards as the unit of measurement under the 19,633
plan, amended plan, or resolution. 19,634
On and after January 1, 1994, the fee levied under division 19,636
(B)(1) of this section shall be not less than one dollar per ton 19,637
nor more than two dollars per ton, the fee levied under division 19,638
(B)(2) of this section shall be not less than two dollars per ton 19,639
nor more than four dollars per ton, and the fee levied under 19,640
division (B)(3) of this section shall be not more than the fee 19,641
levied under division (B)(1) of this section, except as otherwise 19,642
provided in this division and notwithstanding any schedule of 19,643
those fees established in the solid waste management plan of a 19,644
county or joint district approved under section 3734.55 of the 19,645
Revised Code or a resolution adopted and ratified under this 19,646
division that is in effect on that date. If the fee that a 19,647
district is levying under division (B)(1) of this section on that 19,648
date under its approved plan or such a resolution is less than 19,649
one dollar per ton, the fee shall be one dollar per ton on and 19,650
after January 1, 1994, and if the fee that a district is so 19,651
levying under that division exceeds two dollars per ton, the fee 19,652
shall be two dollars per ton on and after that date. If the fee 19,653
that a district is so levying under division (B)(2) of this 19,654
section is less than two dollars per ton, the fee shall be two 19,655
dollars per ton on and after that date, and if the fee that the 19,656
district is so levying under that division exceeds four dollars 19,657
per ton, the fee shall be four dollars per ton on and after that 19,658
456
date. On that date, the fee levied by a district under division 19,659
(B)(3) of this section shall be equal to the fee levied under 19,660
division (B)(1) of this section. Except as otherwise provided in 19,661
this division, the fees established by the operation of this 19,662
amendment shall remain in effect until the district's resolution 19,663
levying fees under this division is amended or repealed in 19,664
accordance with this division to amend or abolish the schedule of 19,665
fees, the schedule of fees is amended or abolished in an amended 19,666
plan of the district approved under section 3734.521 or division 19,667
(A) or (D) of section 3734.56 of the Revised Code, or the 19,668
schedule of fees is amended or abolished through an amendment to 19,669
the district's plan under division (E) of section 3734.56 of the 19,670
Revised Code; the notification of the amendment or abolishment of 19,671
the fees has been given in accordance with this division; and 19,672
collection of the amended fees so established commences, or 19,673
collection of the fees ceases, in accordance with this division. 19,674
The solid waste management policy committee of a district 19,676
levying fees under divisions (B)(1) to (3) of this section on 19,678
October 29, 1993, under its solid waste management plan approved 19,679
under section 3734.55 of the Revised Code or a resolution adopted 19,681
and ratified under this division that are within the ranges of 19,682
rates prescribed by this amendment, by adoption of a resolution 19,683
not later than December 1, 1993, and without the necessity for 19,684
ratification of the resolution under this division, may amend 19,685
those fees within the prescribed ranges, provided that the 19,686
estimated revenues from the amended fees will not substantially 19,687
exceed the estimated revenues set forth in the district's budget 19,688
for calendar year 1994. Not later than seven days after the 19,689
adoption of such a resolution, the committee shall notify by 19,690
certified mail the owner or operator of each solid waste disposal 19,691
facility that is required to collect the fees of the adoption of 19,692
the resolution and of the amount of the amended fees. Collection 19,693
of the amended fees shall take effect on the first day of the 19,694
first month following the month in which the notification is sent 19,695
457
to the owner or operator. The fees established in such a 19,696
resolution shall remain in effect until the district's resolution 19,697
levying fees that was adopted and ratified under this division is 19,698
amended or repealed, and the amendment or repeal of the 19,699
resolution is ratified, in accordance with this division, to 19,700
amend or abolish the fees, the schedule of fees is amended or 19,701
abolished in an amended plan of the district approved under 19,702
section 3734.521 or division (A) or (D) of section 3734.56 of the 19,703
Revised Code, or the schedule of fees is amended or abolished 19,704
through an amendment to the district's plan under division (E) of 19,705
section 3734.56 of the Revised Code; the notification of the 19,706
amendment or abolishment of the fees has been given in accordance 19,707
with this division; and collection of the amended fees so 19,708
established commences, or collection of the fees ceases, in 19,709
accordance with this division.
Prior to the approval of the solid waste management plan of 19,711
the district under section 3734.55 of the Revised Code, the solid 19,712
waste management policy committee of a district may levy fees 19,713
under this division by adopting a resolution establishing the 19,714
proposed amount of the fees. Upon adopting the resolution, the 19,715
committee shall deliver a copy of the resolution to the board of 19,716
county commissioners of each county forming the district and to 19,717
the legislative authority of each municipal corporation and 19,718
township under the jurisdiction of the district and shall prepare 19,719
and publish the resolution and a notice of the time and location 19,720
where a public hearing on the fees will be held. Upon adopting 19,721
the resolution, the committee shall deliver written notice of the 19,722
adoption of the resolution; of the amount of the proposed fees; 19,723
and of the date, time, and location of the public hearing to the 19,724
director and to the fifty industrial, commercial, or 19,725
institutional generators of solid wastes within the district that 19,726
generate the largest quantities of solid wastes, as determined by 19,727
the committee, and to their local trade associations. The 19,728
committee shall make good faith efforts to identify those 19,729
458
generators within the district and their local trade 19,730
associations, but the nonprovision of notice under this division 19,731
to a particular generator or local trade association does not 19,732
invalidate the proceedings under this division. The publication 19,733
shall occur at least thirty days before the hearing. After the 19,734
hearing, the committee may make such revisions to the proposed 19,735
fees as it considers appropriate and thereafter, by resolution, 19,736
shall adopt the revised fee schedule. Upon adopting the revised 19,737
fee schedule, the committee shall deliver a copy of the 19,738
resolution doing so to the board of county commissioners of each 19,739
county forming the district and to the legislative authority of 19,740
each municipal corporation and township under the jurisdiction of 19,741
the district. Within sixty days after the delivery of a copy of 19,742
the resolution adopting the proposed revised fees by the policy 19,743
committee, each such board and legislative authority, by 19,744
ordinance or resolution, shall approve or disapprove the revised 19,745
fees and deliver a copy of the ordinance or resolution to the 19,746
committee. If any such board or legislative authority fails to 19,747
adopt and deliver to the policy committee an ordinance or 19,748
resolution approving or disapproving the revised fees within 19,749
sixty days after the policy committee delivered its resolution 19,750
adopting the proposed revised fees, it shall be conclusively 19,751
presumed that the board or legislative authority has approved the 19,752
proposed revised fees. 19,753
In the case of a county district or a joint district formed 19,755
by two or three counties, the committee shall declare the 19,756
proposed revised fees to be ratified as the fee schedule of the 19,757
district upon determining that the board of county commissioners 19,758
of each county forming the district has approved the proposed 19,759
revised fees and that the legislative authorities of a 19,760
combination of municipal corporations and townships with a 19,761
combined population within the district comprising at least sixty 19,762
per cent of the total population of the district have approved 19,763
the proposed revised fees, provided that in the case of a county 19,764
459
district, that combination shall include the municipal 19,765
corporation having the largest population within the boundaries 19,766
of the district, and provided further that in the case of a joint 19,767
district formed by two or three counties, that combination shall 19,768
include for each county forming the joint district the municipal 19,769
corporation having the largest population within the boundaries 19,770
of both the county in which the municipal corporation is located 19,771
and the joint district. In the case of a joint district formed 19,772
by four or more counties, the committee shall declare the 19,773
proposed revised fees to be ratified as the fee schedule of the 19,774
joint district upon determining that the boards of county 19,775
commissioners of a majority of the counties forming the district 19,776
have approved the proposed revised fees; that, in each of a 19,777
majority of the counties forming the joint district, the proposed 19,778
revised fees have been approved by the municipal corporation 19,779
having the largest population within the county and the joint 19,780
district; and that the legislative authorities of a combination 19,781
of municipal corporations and townships with a combined 19,782
population within the joint district comprising at least sixty 19,783
per cent of the total population of the joint district have 19,784
approved the proposed revised fees. 19,785
For the purposes of this division, only the population of 19,787
the unincorporated area of a township shall be considered. For 19,788
the purpose of determining the largest municipal corporation 19,789
within each county under this division, a municipal corporation 19,790
that is located in more than one solid waste management district, 19,791
but that is under the jurisdiction of one county or joint solid 19,792
waste management district in accordance with division (A) of 19,793
section 3734.52 of the Revised Code shall be considered to be 19,794
within the boundaries of the county in which a majority of the 19,795
population of the municipal corporation resides. 19,796
The committee may amend the schedule of fees levied 19,798
pursuant to a resolution or amended resolution adopted and 19,799
ratified under this division by adopting a resolution 19,800
460
establishing the proposed amount of the amended fees. The 19,801
committee may abolish the fees levied pursuant to such a 19,802
resolution or amended resolution by adopting a resolution 19,803
proposing to repeal them. Upon adopting such a resolution, the 19,804
committee shall proceed to obtain ratification of the resolution 19,805
in accordance with this division. 19,806
Not later than fourteen days after declaring the fees or 19,808
amended fees to be ratified under this division, the committee 19,809
shall notify by certified mail the owner or operator of each 19,810
solid waste disposal facility that is required to collect the 19,811
fees of the ratification and the amount of the fees. Collection 19,812
of any fees or amended fees ratified on or after March 24, 1992, 19,813
shall commence on the first day of the second month following the 19,814
month in which notification is sent to the owner or operator. 19,815
Not later than fourteen days after declaring the repeal of 19,817
the district's schedule of fees to be ratified under this 19,818
division, the committee shall notify by certified mail the owner 19,819
or operator of each facility that is collecting the fees of the 19,820
repeal. Collection of the fees shall cease on the first day of 19,821
the second month following the month in which notification is 19,822
sent to the owner or operator. 19,823
Not later than fourteen days after the director issues an 19,825
order approving a district's solid waste management plan under 19,826
section 3734.55 of the Revised Code or amended plan under 19,827
division (A) or (D) of section 3734.56 of the Revised Code that 19,828
establishes or amends a schedule of fees levied by the district, 19,829
or the ratification of an amendment to the district's approved 19,830
plan or amended plan under division (E) of section 3734.56 of the 19,831
Revised Code that establishes or amends a schedule of fees, as 19,832
appropriate, the committee shall notify by certified mail the 19,833
owner or operator of each solid waste disposal facility that is 19,834
required to collect the fees of the approval of the plan or 19,835
amended plan, or the amendment to the plan, as appropriate, and 19,836
the amount of the fees or amended fees. In the case of an 19,837
461
initial or amended plan approved under section 3734.521 of the 19,838
Revised Code in connection with a change in district composition, 19,839
other than one involving the withdrawal of a county from a joint 19,840
district, that establishes or amends a schedule of fees levied 19,841
under divisions (B)(1) to (3) of this section by a district 19,842
resulting from the change, the committee, within fourteen days 19,843
after the change takes effect pursuant to division (G) of that 19,844
section, shall notify by certified mail the owner or operator of 19,845
each solid waste disposal facility that is required to collect 19,846
the fees that the change has taken effect and of the amount of 19,847
the fees or amended fees. Collection of any fees set forth in a 19,848
plan or amended plan approved by the director on or after April 19,849
16, 1993, or an amendment of a plan or amended plan under 19,850
division (E) of section 3734.56 of the Revised Code that is 19,851
ratified on or after April 16, 1993, shall commence on the first 19,852
day of the second month following the month in which notification 19,853
is sent to the owner or operator. 19,854
Not later than fourteen days after the director issues an 19,856
order approving a district's plan under section 3734.55 of the 19,857
Revised Code or amended plan under division (A) or (D) of section 19,858
3734.56 of the Revised Code that abolishes the schedule of fees 19,859
levied under divisions (B)(1) to (3) of this section, or an 19,860
amendment to the district's approved plan or amended plan 19,861
abolishing the schedule of fees is ratified pursuant to division 19,862
(E) of section 3734.56 of the Revised Code, as appropriate, the 19,863
committee shall notify by certified mail the owner or operator of 19,864
each facility that is collecting the fees of the approval of the 19,865
plan or amended plan, or the amendment of the plan or amended 19,866
plan, as appropriate, and the abolishment of the fees. In the 19,867
case of an initial or amended plan approved under section 19,868
3734.521 of the Revised Code in connection with a change in 19,869
district composition, other than one involving the withdrawal of 19,870
a county from a joint district, that abolishes the schedule of 19,871
fees levied under divisions (B)(1) to (3) of this section by a 19,872
462
district resulting from the change, the committee, within 19,873
fourteen days after the change takes effect pursuant to division 19,874
(G) of that section, shall notify by certified mail the owner or 19,875
operator of each solid waste disposal facility that is required 19,876
to collect the fees that the change has taken effect and of the 19,877
abolishment of the fees. Collection of the fees shall cease on 19,878
the first day of the second month following the month in which 19,879
notification is sent to the owner or operator. 19,880
Except as otherwise provided in this division, if the 19,882
schedule of fees that a district is levying under divisions 19,883
(B)(1) to (3) of this section pursuant to a resolution or amended 19,884
resolution adopted and ratified under this division, the solid 19,885
waste management plan of the district approved under section 19,886
3734.55 of the Revised Code, an amended plan approved under 19,887
division (A) or (D) of section 3734.56 of the Revised Code, or an 19,888
amendment to the district's approved plan or amended plan under 19,889
division (E) of section 3734.56 of the Revised Code, is amended 19,890
by the adoption and ratification of an amendment to the 19,891
resolution or amended resolution or an amendment of the 19,892
district's approved plan or amended plan, the fees in effect 19,893
immediately prior to the approval of the plan or the amendment of 19,894
the resolution, amended resolution, plan, or amended plan, as 19,895
appropriate, shall continue to be collected until collection of 19,896
the amended fees commences pursuant to this division. 19,897
If, in the case of a change in district composition 19,899
involving the withdrawal of a county from a joint district, the 19,900
director completes the actions required under division (G)(1) or 19,901
(3) of section 3734.521 of the Revised Code, as appropriate, 19,902
forty-five days or more before the beginning of a calendar year, 19,903
the policy committee of each of the districts resulting from the 19,904
change that obtained the director's approval of an initial or 19,905
amended plan in connection with the change, within fourteen days 19,906
after the director's completion of the required actions, shall 19,907
notify by certified mail the owner or operator of each solid 19,908
463
waste disposal facility that is required to collect the 19,909
district's fees that the change is to take effect on the first 19,910
day of January immediately following the issuance of the notice 19,911
and of the amount of the fees or amended fees levied under 19,912
divisions (B)(1) to (3) of this section pursuant to the 19,913
district's initial or amended pan PLAN as so approved or, if 19,914
appropriate, the abolishment of the district's fees by that 19,915
initial or amended plan. Collection of any fees set forth in 19,916
such a plan or amended plan shall commence on the first day of 19,917
January immediately following the issuance of the notice. If 19,918
such an initial or amended plan abolishes a schedule of fees, 19,919
collection of the fees shall cease on that first day of January. 19,920
If, in the case of a change in district composition 19,922
involving the withdrawal of a county from a joint district, the 19,923
director completes the actions required under division (G)(1) or 19,924
(3) of section 3734.521 of the Revised Code, as appropriate, less 19,925
than forty-five days before the beginning of a calendar year, the 19,926
director, on behalf of each of the districts resulting from the 19,927
change that obtained the director's approval of an initial or 19,928
amended plan in connection with the change proceedings, shall 19,929
notify by certified mail the owner or operator of each solid 19,930
waste disposal facility that is required to collect the 19,931
district's fees that the change is to take effect on the first 19,932
day of January immediately following the mailing of the notice 19,933
and of the amount of the fees or amended fees levied under 19,934
divisions (B)(1) to (3) of this section pursuant to the 19,935
district's initial or amended plan as so approved or, if 19,936
appropriate, the abolishment of the district's fees by that 19,937
initial or amended plan. Collection of any fees set forth in 19,938
such a plan or amended plan shall commence on the first day of 19,939
the second month following the month in which notification is 19,940
sent to the owner or operator. If such an initial or amended 19,941
plan abolishes a schedule of fees, collection of the fees shall 19,942
cease on the first day of the second month following the month in 19,943
464
which notification is sent to the owner or operator. 19,944
In the case of a change in district composition, the 19,946
schedule of fees that the former districts that existed prior to 19,947
the change were levying under divisions (B)(1) to (3) of this 19,948
section pursuant to a resolution or amended resolution adopted 19,949
and ratified under this division, the solid waste management plan 19,950
of a former district approved under section 3734.521 or 3734.55 19,951
of the Revised Code, an amended plan approved under section 19,952
3734.521 or division (A) or (D) of section 3734.56 of the Revised 19,953
Code, or an amendment to a former district's approved plan or 19,954
amended plan under division (E) of section 3734.56 of the Revised 19,955
Code, and that were in effect on the date that the director 19,956
completed the actions required under division (G)(1) or (3) of 19,957
section 3734.521 of the Revised Code shall continue to be 19,958
collected until the collection of the fees or amended fees of the 19,959
districts resulting from the change is required to commence, or 19,960
if an initial or amended plan of a resulting district abolishes a 19,961
schedule of fees, collection of the fees is required to cease, 19,962
under this division. Moneys so received from the collection of 19,963
the fees of the former districts shall be divided among the 19,964
resulting districts in accordance with division (B) of section 19,965
343.012 of the Revised Code and the agreements entered into under 19,966
division (B) of section 343.01 of the Revised Code to establish 19,967
the former and resulting districts and any amendments to those 19,968
agreements. 19,969
For the purposes of the provisions of division (B) of this 19,971
section establishing the times when newly established or amended 19,972
fees levied by a district are required to commence and the 19,973
collection of fees that have been amended or abolished is 19,974
required to cease, "fees" or "schedule of fees" includes, in 19,975
addition to fees levied under divisions (B)(1) to (3) of this 19,976
section, those levied under section 3734.573 or 3734.574 of the 19,977
Revised Code. 19,978
(C) For the purposes of defraying the added costs to a 19,980
465
municipal corporation or township of maintaining roads and other 19,981
public facilities and of providing emergency and other public 19,982
services, and compensating a municipal corporation or township 19,983
for reductions in real property tax revenues due to reductions in 19,984
real property valuations resulting from the location and 19,985
operation of a solid waste disposal facility within the municipal 19,986
corporation or township, a municipal corporation or township in 19,987
which such a solid waste disposal facility is located may levy a 19,988
fee of not more than twenty-five cents per ton on the disposal of 19,989
solid wastes at a solid waste disposal facility located within 19,990
the boundaries of the municipal corporation or township 19,991
regardless of where the wastes were generated. 19,992
The legislative authority of a municipal corporation or 19,994
township may levy fees under this division by enacting an 19,995
ordinance or adopting a resolution establishing the amount of the 19,996
fees. Upon so doing the legislative authority shall mail a 19,997
certified copy of the ordinance or resolution to the board of 19,998
county commissioners or directors of the county or joint solid 19,999
waste management district in which the municipal corporation or 20,000
township is located or, if a regional solid waste management 20,001
authority has been formed under section 343.011 of the Revised 20,002
Code, to the board of trustees of that regional authority, the 20,003
owner or operator of each solid waste disposal facility in the 20,004
municipal corporation or township that is required to collect the 20,005
fee by the ordinance or resolution, and the director of 20,006
environmental protection. Although the fees levied under this 20,007
division are levied on the basis of tons as the unit of 20,008
measurement, the legislative authority, in its ordinance or 20,009
resolution levying the fees under this division, may direct that 20,010
the fees be levied on the basis of cubic yards as the unit of 20,011
measurement based upon a conversion factor of three cubic yards 20,012
per ton generally or one cubic yard per ton for baled wastes. 20,013
Not later than five days after enacting an ordinance or 20,015
adopting a resolution under this division, the legislative 20,016
466
authority shall so notify by certified mail the owner or operator 20,017
of each solid waste disposal facility that is required to collect 20,018
the fee. Collection of any fee levied on or after March 24, 20,019
1992, shall commence on the first day of the second month 20,020
following the month in which notification is sent to the owner or 20,021
operator. 20,022
(D)(1) The fees levied under divisions (A), (B), and (C) 20,024
of this section do not apply to the disposal of solid wastes 20,026
that:
(a) Are disposed of at a facility owned by the generator 20,028
of the wastes when the solid waste facility exclusively disposes 20,029
of solid wastes generated at one or more premises owned by the 20,030
generator regardless of whether the facility is located on a 20,031
premises where the wastes are generated; 20,032
(b) Are disposed of at facilities that exclusively dispose 20,034
of wastes that are generated from the combustion of coal, or from 20,035
the combustion of primarily coal in combination with scrap tires, 20,036
that is not combined in any way with garbage at one or more 20,037
premises owned by the generator. 20,038
(2) Except as provided in section 3734.571 of the Revised 20,040
Code, any fees levied under division (B)(1) of this section apply 20,041
to solid wastes originating outside the boundaries of a county or 20,042
joint district that are covered by an agreement for the joint use 20,043
of solid waste facilities entered into under section 343.02 of 20,044
the Revised Code by the board of county commissioners or board of 20,045
directors of the county or joint district where the wastes are 20,046
generated and disposed of. 20,047
(3) When solid wastes, other than solid wastes that 20,049
consist of scrap tires, are burned in a disposal facility that is 20,050
an incinerator or energy recovery facility, the fees levied under 20,051
divisions (A), (B), and (C) of this section shall be levied upon 20,053
the disposal of the fly ash and bottom ash remaining after 20,054
burning of the solid wastes and shall be collected by the owner 20,055
or operator of the sanitary landfill where the ash is disposed 20,056
467
of.
(4) When solid wastes are delivered to a solid waste 20,058
transfer facility, the fees levied under divisions (A), (B), and 20,059
(C) of this section shall be levied upon the disposal of solid 20,061
wastes transported off the premises of the transfer facility for 20,062
disposal and shall be collected by the owner or operator of the 20,063
solid waste disposal facility where the wastes are disposed of. 20,064
(5) The fees levied under divisions (A), (B), and (C) of 20,066
this section do not apply to sewage sludge that is generated by a 20,067
waste water treatment facility holding a national pollutant 20,068
discharge elimination system permit and that is disposed of 20,069
through incineration, land application, or composting or at 20,070
another resource recovery or disposal facility that is not a 20,071
landfill. 20,072
(6) The fees levied under divisions (A), (B), and (C) of 20,074
this section do not apply to solid wastes delivered to a solid 20,075
waste composting facility for processing. When any unprocessed 20,076
solid waste or compost product is transported off the premises of 20,077
a composting facility and disposed of at a landfill, the fees 20,078
levied under divisions (A), (B), and (C) of this section shall be 20,079
collected by the owner or operator of the landfill where the 20,080
unprocessed waste or compost product is disposed of. 20,081
(7) When solid wastes that consist of scrap tires are 20,083
processed at a scrap tire recovery facility, the fees levied 20,084
under divisions (A), (B), and (C) of this section shall be levied 20,086
upon the disposal of the fly ash and bottom ash or other solid 20,087
wastes remaining after the processing of the scrap tires and 20,088
shall be collected by the owner or operator of the solid waste 20,089
disposal facility where the ash or other solid wastes are 20,090
disposed of.
(E) The fees levied under divisions (B) and (C) of this 20,093
section shall be collected by the owner or operator of the solid 20,094
waste disposal facility where the wastes are disposed of as a 20,095
trustee for the county or joint district and municipal
468
corporation or township where the wastes are disposed of. Moneys 20,096
from the fees levied under division (B) of this section shall be 20,098
forwarded to the board of county commissioners or board of 20,099
directors of the district in accordance with rules adopted under 20,100
division (H) of this section. Moneys from the fees levied under 20,101
division (C) of this section shall be forwarded to the treasurer 20,102
or such other officer of the municipal corporation as, by virtue 20,103
of the charter, has the duties of the treasurer or to the clerk 20,104
of the township, as appropriate, in accordance with those rules. 20,105
(F) Moneys received by the treasurer or such other officer 20,107
of the municipal corporation under division (E) of this section 20,108
shall be paid into the general fund of the municipal corporation. 20,109
Moneys received by the clerk of the township under that division 20,110
shall be paid into the general fund of the township. The 20,111
treasurer or such other officer of the municipal corporation or 20,112
the clerk, as appropriate, shall maintain separate records of the 20,113
moneys received from the fees levied under division (C) of this 20,114
section. 20,115
(G) Moneys received by the board of county commissioners 20,117
or board of directors under division (E) of this section or 20,118
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 20,119
Code shall be paid to the county treasurer, or other official 20,120
acting in a similar capacity under a county charter, in a county 20,121
district or to the county treasurer or other official designated 20,122
by the board of directors in a joint district and kept in a 20,123
separate and distinct fund to the credit of the district. If a 20,124
regional solid waste management authority has been formed under 20,125
section 343.011 of the Revised Code, moneys received by the board 20,126
of trustees of that regional authority under division (E) of this 20,127
section shall be kept by the board in a separate and distinct 20,128
fund to the credit of the district. Moneys in the special fund 20,129
of the county or joint district arising from the fees levied 20,130
under division (B) of this section and the fee levied under 20,132
division (A) of section 3734.573 of the Revised Code shall be 20,133
469
expended by the board of county commissioners or directors of the 20,134
district in accordance with the district's solid waste management 20,135
plan or amended plan approved under section 3734.521, 3734.55, or 20,136
3734.56 of the Revised Code exclusively for the following 20,137
purposes:
(1) Preparation of the solid waste management plan of the 20,139
district under section 3734.54 of the Revised Code, monitoring 20,140
implementation of the plan, and conducting the periodic review 20,141
and amendment of the plan required by section 3734.56 of the 20,142
Revised Code by the solid waste management policy committee; 20,143
(2) Implementation of the approved solid waste management 20,145
plan or amended plan of the district, including, without 20,146
limitation, the development and implementation of solid waste 20,147
recycling or reduction programs; 20,148
(3) Providing financial assistance to boards of health 20,150
within the district, if solid waste facilities are located within 20,151
the district, for enforcement of this chapter and rules, orders, 20,152
and terms and conditions of permits, licenses, and variances 20,154
adopted or issued under it, other than the hazardous waste 20,155
provisions of this chapter and rules adopted and orders and terms 20,156
and conditions of permits issued under those provisions; 20,158
(4) Providing financial assistance to each county within 20,160
the district to defray the added costs of maintaining roads and 20,161
other public facilities and of providing emergency and other 20,162
public services resulting from the location and operation of a 20,163
solid waste facility within the county under the district's 20,164
approved solid waste management plan or amended plan; 20,165
(5) Pursuant to contracts entered into with boards of 20,167
health within the district, if solid waste facilities contained 20,168
in the district's approved plan or amended plan are located 20,169
within the district, for paying the costs incurred by those 20,170
boards of health for collecting and analyzing samples from public 20,171
or private water wells on lands adjacent to those facilities; 20,172
(6) Developing and implementing a program for the 20,174
470
inspection of solid wastes generated outside the boundaries of 20,175
this state that are disposed of at solid waste facilities 20,176
included in the district's approved solid waste management plan 20,177
or amended plan; 20,178
(7) Providing financial assistance to boards of health 20,180
within the district for the enforcement of section 3734.03 of the 20,181
Revised Code or to local law enforcement agencies having 20,182
jurisdiction within the district for enforcing anti-littering 20,183
laws and ordinances; 20,184
(8) Providing financial assistance to boards of health of 20,186
health districts within the district that are on the approved 20,187
list under section 3734.08 of the Revised Code to defray the 20,188
costs to the health districts for the participation of their 20,189
employees responsible for enforcement of the solid waste 20,190
provisions of this chapter and rules adopted and orders and terms 20,191
and conditions of permits, licenses, and variances issued under 20,192
those provisions in the training and certification program as 20,193
required by rules adopted under division (L) of section 3734.02 20,194
of the Revised Code; 20,195
(9) Providing financial assistance to individual municipal 20,197
corporations and townships within the district to defray their 20,198
added costs of maintaining roads and other public facilities and 20,199
of providing emergency and other public services resulting from 20,200
the location and operation within their boundaries of a 20,201
composting, energy or resource recovery, incineration, or 20,202
recycling facility that either is owned by the district or is 20,203
furnishing solid waste management facility or recycling services 20,204
to the district pursuant to a contract or agreement with the 20,205
board of county commissioners or directors of the district; 20,206
(10) Payment of any expenses that are agreed to, awarded, 20,208
or ordered to be paid under section 3734.35 of the Revised Code 20,209
and of any administrative costs incurred pursuant to that 20,210
section. In the case of a joint solid waste management district, 20,211
if the board of county commissioners of one of the counties in 20,212
471
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 20,213
the approval of the board of directors of the district in order 20,214
to expend moneys for administrative costs incurred. 20,215
Prior to the approval of the district's solid waste 20,217
management plan under section 3734.55 of the Revised Code, moneys 20,218
in the special fund of the district arising from the fees shall 20,220
be expended for those purposes in the manner prescribed by the 20,222
solid waste management policy committee by resolution. 20,223
Notwithstanding division (G)(6) of this section as it 20,226
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 20,229
with division (B)(2)(e) of section 3734.53 of the Revised Code as 20,230
it existed prior to that date, any moneys arising from the fees 20,231
levied under division (B)(3) of this section prior to January 1, 20,232
1994, may be expended for any of the purposes authorized in 20,233
divisions (G)(1) to (10) of this section. 20,234
(H) The director shall adopt rules in accordance with 20,237
Chapter 119. of the Revised Code prescribing procedures for 20,238
collecting and forwarding the fees levied under divisions (B) and 20,239
(C) of this section to the boards of county commissioners or 20,240
directors of county or joint solid waste management districts and 20,241
to the treasurers or other officers of municipal corporations or 20,242
to the clerks of townships. The rules also shall prescribe the 20,243
dates for forwarding the fees to the boards and officials and may 20,244
prescribe any other requirements the director considers necessary 20,245
or appropriate to implement and administer divisions (A), (B), 20,246
and (C) of this section. Collection of the fees levied under 20,247
division (A)(1) of this section shall commence on July 1, 1993. 20,248
Collection of the fees levied under division (A)(2) of this 20,250
section shall commence on January 1, 1994. 20,251
Sec. 3734.82. (A) The annual fee for a scrap tire 20,260
recovery facility license issued under section 3734.81 of the 20,261
Revised Code shall be in accordance with the following schedule: 20,262
472
Daily Design Input Annual License 20,264
Capacity (Tons) Fee 20,265
1 or less $ 100 20,266
2 to 25 500 20,267
26 to 50 1,000 20,268
51 to 100 1,500 20,269
101 to 200 2,500 20,270
201 to 500 3,500 20,271
501 or more 5,500 20,272
For the purpose of determining the applicable license fee 20,275
under this division, the daily design input capacity shall be the 20,276
quantity of scrap tires the facility is designed to process daily 20,277
as set forth in the registration certificate or permit for the 20,278
facility, and any modifications to the permit, if applicable, 20,279
issued under section 3734.78 of the Revised Code. 20,280
(B) The annual fee for a scrap tire monocell or monofill 20,282
facility license shall be in accordance with the following 20,283
schedule: 20,284
Authorized Maximum Annual License 20,286
Daily Waste Receipt Fee 20,287
(Tons) 20,288
100 or less $ 5,000 20,289
101 to 200 12,500 20,290
201 to 500 30,000 20,291
501 or more 60,000 20,292
For the purpose of determining the applicable license fee 20,295
under this division, the authorized maximum daily waste receipt 20,296
shall be the maximum amount of scrap tires the facility is 20,297
authorized to receive daily that is established in the permit for 20,298
the facility, and any modification to that permit, issued under 20,299
section 3734.77 of the Revised Code. 20,300
(C)(1) Except as otherwise provided in division (C)(2) of 20,302
this section, the annual fee for a scrap tire storage facility 20,303
license shall equal one thousand dollars times the number of 20,304
473
acres on which scrap tires are to be stored at the facility 20,305
during the license year, as set forth on the application for the 20,306
annual license, except that the total annual license fee for any 20,307
such facility shall not exceed three thousand dollars. 20,308
(2) The annual fee for a scrap tire storage facility 20,310
license for a storage facility that is owned or operated by a 20,311
motor vehicle salvage dealer licensed under Chapter 4738. of the 20,312
Revised Code is one hundred dollars. 20,313
(D)(1) Except as otherwise provided in division (D)(2) of 20,315
this section, the annual fee for a scrap tire collection facility 20,316
license is two hundred dollars. 20,317
(2) The annual fee for a scrap tire collection facility 20,319
license for a collection facility that is owned or operated by a 20,320
motor vehicle salvage dealer licensed under Chapter 4738. of the 20,321
Revised Code is fifty dollars. 20,322
(E) Except as otherwise provided in divisions (C)(2) and 20,324
(D)(2) of this section, the same fees apply to private operators 20,325
and to the state and its political subdivisions and shall be paid 20,326
within thirty days after the issuance of a license. The fees 20,327
include the cost of licensing, all inspections, and other costs 20,328
associated with the administration of the scrap tire provisions 20,329
of this chapter and rules adopted under them. Each license shall 20,330
specify that it is conditioned upon payment of the applicable fee 20,331
to the board of health or the director of environmental 20,332
protection, as appropriate, within thirty days after the issuance 20,334
of the license.
(F) The board of health shall retain fifteen thousand 20,336
dollars of each license fee collected by the board under division 20,337
(B) of this section, or the entire amount of any such fee that is 20,338
less than fifteen thousand dollars, and the entire amount of each 20,339
license fee collected by the board under divisions (A), (C), and 20,340
(D) of this section. The moneys retained shall be paid into a 20,341
special fund, which is hereby created in each health district, 20,342
and used solely to administer and enforce the scrap tire 20,343
474
provisions of this chapter and rules adopted under them. The 20,344
remainder, if any, of each license fee collected by the board 20,345
under division (B) of this section shall be transmitted to the 20,346
director within forty-five days after receipt of the fee. 20,348
(G) The director shall transmit the moneys received by the 20,350
director from license fees collected under division (B) of this 20,351
section to the treasurer of state to be credited to the scrap 20,352
tire management fund, which is hereby created in the state 20,353
treasury. The fund shall consist of all federal moneys received 20,354
by the environmental protection agency for the scrap tire 20,355
management program; all grants, gifts, and contributions made to 20,356
the director for that program; and all other moneys that may be 20,357
provided by law for that program. The director shall use moneys 20,358
in the fund as follows: 20,359
(1) Expend not more than seven hundred fifty thousand 20,361
dollars during each fiscal year to implement, administer, and 20,363
enforce the scrap tire provisions of this chapter and rules 20,364
adopted under them; 20,365
(2) For fiscal years 1998 and 1999, grant not more than 20,369
one hundred fifty thousand dollars during each fiscal year to the 20,370
polymer institute at the university of Akron for the purpose of 20,371
expediting research concerning and evaluation of alternative 20,372
methods of recycling scrap tires. The institute shall report to 20,373
the director annually concerning research programs under review, 20,374
and the results of scrap tire recycling experiments conducted, by 20,375
or in conjunction with the institute. The university shall 20,376
report to the director biennially concerning the expenditures of 20,377
moneys received by the institute under division (G)(2) of this 20,378
section.
(3) During each of fiscal years 1998, 1999, and 2000 YEAR, 20,381
request the director of budget and management to, and the 20,383
director of budget and management shall, transfer one million 20,384
dollars to the facilities establishment SCRAP TIRE LOANS AND 20,385
GRANTS fund created in section 166.03 166.032 of the Revised Code 20,386
475
for the purposes specified in that section; 20,387
(4) Annually transfer to the central support indirect fund 20,389
created in section 3745.014 of the Revised Code an amount equal 20,391
to not more than twelve per cent of each fiscal year's 20,392
appropriation to the scrap tire management fund.
(H)(1) If, during A fiscal year 1997, 1998, 1999, or 2000, 20,394
more than three million five hundred thousand dollars are 20,396
credited to the scrap tire management fund, the director, at the 20,397
conclusion of the fiscal year, shall request the director of 20,399
budget and management to, and the director of budget and 20,400
management shall, transfer to the facilities establishment SCRAP 20,402
TIRE LOANS AND GRANTS fund one-half of the moneys credited to the 20,404
scrap tire management fund in excess of that amount. 20,405
(2) In each of fiscal years 1998, 1999, and 2000 YEAR, if 20,408
more than three million five hundred thousand dollars are 20,409
credited to the scrap tire management fund during the preceding 20,410
fiscal year, the director shall expend during the current fiscal 20,411
year one-half of that excess amount to conduct removal operations 20,412
under section 3734.85 of the Revised Code. 20,413
(I) After the actions in divisions (G)(1) to (4) and (H) 20,416
of this section are completed during each of fiscal years 1998,
1999, and 2000 YEAR, the director may expend up to the balance 20,417
remaining from prior fiscal years in the scrap tire management 20,419
fund to conduct removal actions under section 3734.85 of the 20,420
Revised Code. Prior to using any moneys in the fund for that 20,421
purpose in a fiscal year, the director shall request the approval 20,422
of the controlling board for that use of the moneys. The request 20,423
shall be accompanied by a plan describing the removal actions to 20,424
be conducted during the fiscal year and an estimate of the costs 20,425
of conducting them. The controlling board shall approve the plan 20,426
only if the board finds that the proposed removal actions are in 20,427
accordance with the priorities set forth in division (B) of 20,428
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. 20,430
476
Sec. 3734.87. Not later than five years after the 20,439
effective date of this section DURING THE YEARS 2002 AND 2006, 20,440
the director of environmental protection shall submit a report to 20,441
the speaker of the house of representatives and the president of 20,442
the senate concerning the implementation, administration, and 20,443
enforcement of the scrap tire provisions of this chapter and 20,444
rules adopted under them, including at least a discussion of the 20,445
expenditure of moneys from the scrap tire management fund created 20,446
in section 3734.82 of the Revised Code and recommendations
concerning any legislative changes needed to improve that 20,447
implementation, administration, and enforcement. 20,448
Sec. 3734.901. (A) For the purpose of providing revenue 20,457
to defray the cost of administering and enforcing the scrap tire 20,458
provisions of this chapter, rules adopted under those provisions, 20,459
and terms and conditions of orders, variances, and licenses 20,460
issued under those provisions; to abate accumulations of scrap 20,461
tires; to make grants to promote research regarding alternative 20,462
methods of recycling scrap tires and loans to promote the 20,463
recycling or recovery of energy from scrap tires; and to defray 20,464
the costs of administering and enforcing sections 3734.90 to 20,465
3734.9014 of the Revised Code, a fee of fifty cents per tire is 20,466
hereby levied on the sale of tires. The fee is levied from the 20,467
first day of the calendar month that begins next after thirty 20,468
days from the effective date of this section OCTOBER 29, 1993, 20,470
through June 30, 2000 2006. 20,471
(B) Only one sale of the same article shall be used in 20,473
computing the amount of the fee due. 20,474
Sec. 3742.03. Not later than six months after the 20,484
effective date of this section, the THE public health council 20,486
shall adopt rules in accordance with Chapter 119. of the Revised 20,487
Code for the administration and enforcement of this chapter. The 20,488
rules shall specify all of the following: 20,489
(A) Procedures to be followed by any individual licensed 20,491
under section 3742.05 of the Revised Code for undertaking lead 20,492
477
abatement activities; 20,493
(B)(1) Requirements for training and licensure, in 20,495
addition to those established under section 3742.08 of the 20,496
Revised Code, to include levels of training and periodic 20,497
refresher training for each class of worker, and to be used for 20,498
licensure under section 3742.05 of the Revised Code. These 20,499
requirements shall include at least twenty-four classroom hours 20,500
of training based on the Occupational Safety and Health Act 20,501
training program for lead set forth in 29 C.F.R. 1926.62. In 20,502
establishing the training and licensure requirements, the public 20,503
health council shall consider the core of information that is 20,504
needed by all licensed persons, and establish the training 20,505
requirements so that persons who would seek licenses in more than 20,506
one area would not have to take duplicative course work. 20,507
(2) Persons certified by the American board of industrial 20,509
hygiene as a certified industrial hygienist (CIH) or as an 20,510
industrial hygienist-in-training (IHIT), and persons registered 20,511
as a sanitarian or sanitarian-in-training under Chapter 4736. of 20,512
the Revised Code, shall be exempt from any training requirements 20,513
for initial licensure established under this chapter, but shall 20,514
be required to take any examinations for licensure required under 20,515
section 3742.05 of the Revised Code. 20,516
(C) Fees for licenses issued under section 3742.05 of the 20,518
Revised Code and for their renewal. The public health council 20,520
may establish an "examination only" fee for licensure of persons 20,521
who are exempt from training requirements for licensure but who 20,523
are required to take examinations for licensure.; 20,525
(D) Procedures to be followed by lead inspectors, lead 20,527
abatement contractors, environmental lead analytical 20,528
laboratories, lead risk assessors, lead abatement project 20,529
designers, and lead abatement workers to prevent public exposure 20,530
to lead hazards and ensure worker protection during lead 20,531
abatement projects; 20,532
(E)(1) Record-keeping and reporting requirements for 20,534
478
clinical laboratories, environmental lead analytical 20,535
laboratories, lead inspectors, lead abatement contractors, lead 20,536
risk assessors, lead abatement project designers, and lead 20,537
abatement workers for lead abatement projects; 20,538
(2) Record-keeping and reporting requirements regarding 20,540
lead poisoning for physicians, in addition to the requirements of 20,541
section 3701.25 of the Revised Code; 20,542
(3) Information that is required to be reported under 20,544
rules based on divisions (E)(1) and (2) of this section and that 20,545
is a medical record is not a public record under section 149.43 20,546
of the Revised Code and shall not be released, except in 20,547
aggregate statistical form. 20,548
(F) Procedures for inspections conducted by the director 20,550
of health or a board of health under section 3742.12 or 3742.13 20,551
of the Revised Code; 20,552
(G) The level of lead in lead-based paint, 20,554
lead-contaminated dust, and lead-contaminated soil that is 20,555
hazardous to human health; 20,556
(H) The level of lead in human blood that is hazardous to 20,558
human health according to information obtained from the centers 20,559
for disease control and prevention in the public health service 20,560
of the United States department of health and human services; 20,561
(I) Environmental sampling techniques for use in 20,563
collecting samples of air, water, paint, and other materials; 20,564
(J) Requirements for a respiratory protection plan 20,566
prepared in accordance with section 3742.07 of the Revised Code; 20,567
(K) Requirements that UNDER WHICH a manufacturer of A LEAD 20,570
abatement systems and abatement products SYSTEM OR PRODUCT MUST 20,571
demonstrate evidence of safety and durability of their products 20,572
ITS SYSTEM OR PRODUCT by providing results of testing from an 20,574
independent laboratory that indicate INDICATING that the products 20,575
meet SYSTEM OR PRODUCT MEETS the standards developed by the ASTM"E06.23" subcommittee for the particular product or system OR 20,578
PRODUCT BY THE "E06.23 SUBCOMMITTEE," WHICH IS THE LEAD-PAINT 20,579
479
ABATEMENT SUBCOMMITTEE OF THE PERFORMANCE OF BUILDINGS COMMITTEE 20,580
OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS; 20,581
(L) Procedures to be followed by the public health council 20,583
in revising its rules to ensure that lead-hazard activities 20,584
meeting the provisions of this chapter continue to be eligible 20,585
for federal funding and meet the requirements promulgated by 20,586
regulation by the United States environmental protection agency, 20,587
the United States department of housing and urban development, 20,588
and other federal agencies that may have jurisdiction over lead 20,589
hazards; 20,590
(M) Any other requirements the council considers 20,592
appropriate for the administration or enforcement of this 20,593
chapter. 20,594
Sec. 3742.04. (A) The director of health shall do all of 20,603
the following: 20,604
(1) Administer and enforce the requirements of this 20,606
chapter and the rules adopted pursuant to it; 20,607
(2)(a) Conduct research and disseminate information on the 20,609
number, extent, and general geographic location of 20,610
lead-contaminated structures, which may include a statewide 20,611
survey and may include the establishment of a unit for the 20,612
collection and analysis of data on lead-hazard detection and 20,613
lead-hazard reduction activities, including the licensing, 20,614
certification, accreditation, APPROVAL, and enforcement 20,615
activities under this chapter; 20,616
(b) Update information and data collected or disseminated 20,618
under division (A)(2)(a) of this section to include the results 20,619
of an inspection or assessment conducted pursuant to section 20,620
3742.14 of the Revised Code, when a report based on that 20,621
inspection is provided to the director pursuant to rules adopted 20,622
by the public health council under section 3742.03 of the Revised 20,623
Code. 20,624
(3) Examine records and reports submitted by lead 20,626
inspectors, lead abatement contractors, lead risk assessors, lead 20,627
480
abatement project designers, and lead abatement workers in 20,628
accordance with section 3742.05 of the Revised Code to determine 20,629
whether the requirements of this chapter are being met; 20,630
(4) Examine records and reports submitted by physicians, 20,632
clinical laboratories, and environmental lead analytical 20,633
laboratories under section 3701.25 or 3742.09 of the Revised 20,634
Code; 20,635
(5) Issue approval to manufacturers of lead abatement 20,637
systems or products that have done all of the following: 20,638
(a) Submitted an application for approval to the director 20,640
on a form prescribed by the director; 20,641
(b) Paid the application fee established by the director; 20,643
(c) Submitted results from an independent laboratory 20,645
indicating THAT the MANUFACTURER'S SYSTEM OR product or system 20,647
satisfies ASTM standards pursuant to rules THE REQUIREMENTS 20,648
established IN RULES ADOPTED under division (K) of section 20,649
3742.03 of the Revised Code; 20,650
(d) Complied with rules adopted by the public health 20,652
council regarding durability and safety to workers and residents. 20,653
(6) Establish liaisons and cooperate with the directors or 20,655
agencies in states having lead abatement, accreditation, 20,656
licensing, and ACCREDITATION, certification, AND APPROVAL 20,658
programs to promote consistency between the requirements of this 20,659
chapter and those of other states in order to facilitate 20,660
reciprocity of licensing, certification, and accreditation THE 20,661
PROGRAMS among states.
(B) In addition to any other authority granted by this 20,663
chapter, the director of health may do any of the following: 20,664
(1) Employ persons who have received training from a 20,666
program the director has determined provides the necessary 20,667
background. The appropriate training may be obtained in a state 20,668
that has an ongoing lead abatement program under which it 20,669
conducts educational programs. 20,670
(2) Conduct lead abatement training programs and licensure 20,672
481
examinations, and collect fees to cover the cost of conducting 20,673
them; 20,674
(3) Conduct or cooperate with other state agencies to 20,676
conduct programs of public education on the nature and 20,677
consequences of lead hazards and on the need for lead-hazard 20,678
reduction activities to be conducted under careful supervision by 20,679
licensed and accredited personnel; 20,680
(4)(3) Cooperate with the United States environmental 20,682
protection agency in any joint oversight procedures the agency 20,683
may propose for laboratories that offer lead analysis services 20,684
and are accredited under the EPA AGENCY'S laboratory 20,685
accreditation program; 20,686
(5)(4) Advise, consult, cooperate with, or enter into 20,688
contracts or cooperative agreements with any person, government 20,689
entity, interstate agency, or the federal government as he THE 20,690
DIRECTOR considers necessary to fulfill the requirements of this 20,691
chapter and the rules adopted under it. 20,692
Sec. 3742.05. (A)(1) The director of health shall issue 20,701
lead inspector, lead abatement contractor, lead risk assessor, 20,702
lead abatement project designer, and lead abatement worker 20,703
licenses. The director shall issue a license to an applicant who 20,704
meets all of the following requirements: 20,705
(a) Submits an application to the director on a form 20,707
prescribed by the director; 20,708
(b) Meets the licensing and training requirements 20,710
established by the public health council under section 3742.03 of 20,711
the Revised Code; 20,712
(c) Successfully completes the licensing examination for 20,714
his THE APPLICANT'S area of expertise approved by the director 20,716
ADMINISTERED under section 3742.08 of the Revised Code and any 20,717
training required by the director under that section; 20,718
(d) Pays the license fee established by the public health 20,720
council under section 3742.03 of the Revised Code; 20,721
(e) Provides any information the director may require to 20,723
482
demonstrate the applicant's compliance with this chapter and the 20,724
rules adopted under it. 20,725
(2) An individual may hold more than one license issued 20,727
under this division, but a separate application is required for 20,728
each license. 20,729
(B) A license issued under this section expires two years 20,731
after the date of issuance. The director shall renew a license 20,732
in accordance with the standard renewal procedure set forth in 20,733
Chapter 4745. of the Revised Code, if the licensee does all of 20,734
the following: 20,735
(1) Continues to meet the requirements of division (A) of 20,737
this section; 20,738
(2) Demonstrates compliance with procedures to prevent 20,740
public exposure to lead hazards and for worker protection during 20,741
lead abatement projects established by rule adopted by the public 20,742
health council under section 3742.03 of the Revised Code; 20,743
(3) Meets the record-keeping and reporting requirements 20,745
for lead abatement projects established by rule adopted by the 20,746
public health council under section 3742.03 of the Revised Code; 20,747
(4) Pays the license renewal fee established by rule 20,749
adopted by the public health council under section 3742.03 of the 20,750
Revised Code. 20,751
(C) An individual licensed, certified, or otherwise 20,753
approved under the law of another state to perform functions 20,754
substantially similar to those of a lead inspector, lead 20,755
abatement contractor, lead risk assessor, lead abatement project 20,756
designer, or lead abatement worker may apply to the director of 20,757
health for licensure in accordance with the procedures set forth 20,758
in division (A) of this section. The director shall license an 20,759
individual under this division on a determination that the 20,760
standards for licensure, certification, or approval in that state 20,761
are at least substantially equivalent to those established by 20,762
this chapter and the rules adopted under it. The director may 20,763
require an examination for licensure under this division. 20,764
483
Sec. 3742.08. (A)(1) The director of health shall 20,773
conduct, specify requirements by rule, or approve training 20,774
programs and examinations for licensure of lead inspectors, lead 20,775
abatement contractors, lead risk assessors, lead abatement 20,776
project designers, and lead abatement workers. In accordance 20,777
with Chapter 119. of the Revised Code, the director shall adopt 20,778
rules establishing all of the following: 20,779
(1)(a) A system for accreditation of training programs and 20,781
the requirements for accreditation, including curriculum 20,782
requirements, hour requirements, hands-on training requirements, 20,783
trainee competency and proficiency requirements, and requirements 20,784
for quality control; 20,785
(2) Procedures and criteria for approval of licensing 20,787
examinations and the qualifications of examination 20,788
administrators; 20,789
(3)(b) Fees for application for approval of a training 20,791
program and for participating in any program conducted by the 20,792
director; 20,793
(4) Fees for licensing examinations; 20,795
(5)(c) Any other requirements pertinent to the operation 20,797
of a training program or an examination. 20,798
(B)(2) Each applicant for approval of a training program 20,800
or examination shall submit a completed application to the 20,801
director on a form the director shall prescribe and provide. The 20,802
director shall issue the appropriate EVIDENCE OF approval to each 20,803
applicant who meets the requirements of division (A)(1) of this 20,805
section and the criteria for approval established by rule adopted 20,806
under THIS section 3742.03 of the Revised Code and pays the fee. 20,807
(B) THE DIRECTOR SHALL ADMINISTER EXAMINATIONS FOR 20,809
LICENSURE UNDER THIS CHAPTER BY CONDUCTING EXAMINATIONS, 20,810
CONTRACTING PURSUANT TO SECTION 3701.044 OF THE REVISED CODE FOR 20,811
ANOTHER ENTITY TO CONDUCT THE EXAMINATIONS, OR APPROVING 20,812
EXAMINATIONS. IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 20,813
CODE, THE DIRECTOR SHALL ADOPT RULES SPECIFYING REQUIREMENTS FOR 20,814
484
THE ADMINISTRATION OF LICENSING EXAMINATIONS. THE RULES SHALL 20,815
INCLUDE REQUIREMENTS REGARDING THE QUALIFICATIONS OF EXAMINATION 20,817
ADMINISTRATORS, FEES TO COVER THE COST OF CONDUCTING THE 20,818
EXAMINATIONS, AND ANY OTHER REQUIREMENTS PERTINENT TO THE
EXAMINATIONS. 20,819
IF THE DIRECTOR IMPLEMENTS A SYSTEM OF APPROVING 20,821
EXAMINATIONS, THE RULES SHALL INCLUDE PROCEDURES AND CRITERIA FOR 20,822
APPROVAL AND FEES FOR THE APPROVAL. EACH APPLICANT FOR APPROVAL 20,823
SHALL SUBMIT A COMPLETED APPLICATION TO THE DIRECTOR ON A FORM 20,824
THE DIRECTOR SHALL PRESCRIBE AND PROVIDE. THE DIRECTOR SHALL 20,825
ISSUE EVIDENCE OF APPROVAL TO EACH APPLICANT WHO MEETS THE 20,826
CRITERIA FOR APPROVAL ESTABLISHED IN RULES ADOPTED UNDER THIS 20,827
DIVISION.
Sec. 3742.19. All EXCEPT FOR ANY LICENSING EXAMINATION FEE 20,836
COLLECTED AND RETAINED BY AN ENTITY UNDER CONTRACT PURSUANT TO 20,837
DIVISION (B) OF SECTION 3742.08 OF THE REVISED CODE, ALL fees 20,838
collected by the director of health under this chapter and any 20,840
grant, contribution, or other moneys received by him for the 20,841
purposes of this chapter shall be deposited into the state 20,843
treasury to the credit of the lead program fund, which is hereby 20,844
created. The moneys in the fund shall be used solely for the 20,845
administration and enforcement of this chapter and the rules 20,846
adopted under it.
Sec. 3745.11. (A) Applicants for and holders of permits, 20,855
licenses, variances, plan approvals, and certifications issued by 20,856
the director of environmental protection pursuant to Chapters 20,857
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 20,858
fee to the environmental protection agency for each such issuance 20,859
and each application for an issuance as provided by this section. 20,860
No fee shall be charged for any issuance for which no application 20,861
has been submitted to the director. 20,862
(B) Prior to January 1, 1994, each person issued a permit 20,864
to operate, variance, or permit to install under section 3704.03 20,865
of the Revised Code shall pay the fees specified in the following 20,866
485
schedule: 20,867
(1) Fuel-Burning Equipment 20,869
Input capacity 20,871
(million British Permit Permit 20,872
thermal units to to 20,874
per hour) operate Variance install 20,877
0 or more, but 20,880
less than 10 $ 75 $225 $ 100
10 or more, but 20,881
less than 100 210 450 390
100 or more, but 20,882
less than 300 270 675 585
300 or more, but 20,883
less than 500 330 900 780
500 or more 500 975 1000 20,884
Any fuel-burning equipment using only natural gas, propane, 20,887
liquefied petroleum gas, or number two or lighter fuel oil shall 20,888
be assessed a fee one-half of that shown. 20,889
(2) Incinerators 20,891
Input capacity Permit Permit 20,894
(pounds per to to 20,896
hour) operate Variance install 20,899
0 to 50 $ 50 $225 $ 65 20,902
51 to 500 210 450 390 20,903
501 to 2000 270 675 585 20,904
2001 to 30,000 330 900 780 20,905
more than 30,000 500 975 1000 20,906
(3) Process 20,909
Process weight Permit Permit 20,912
rate to to 20,913
(pounds per hour) operate Variance install 20,916
0 to 1000 $100 $225 $ 200 20,919
1001 to 5000 210 450 390 20,920
5001 to 10,000 270 675 585 20,921
486
10,001 to 50,000 330 900 780 20,922
more than 50,000 500 975 1000 20,923
In any process where process weight rate cannot be 20,926
ascertained, the minimum fee shall be assessed. 20,927
(4) Storage tanks 20,929
Gallons Permit to Permit to 20,932
(capacity) operate Variance install 20,934
less than 40,000 $150 $225 $ 195 20,937
40,000 or more, but 20,938
less than 100,000 210 450 390
100,000 or more, but 20,939
less than 400,000 270 675 585
400,000 or more, but 20,940
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 20,941
(5) Gasoline 20,944
Gasoline dispensing Permit to Permit to 20,947
facilities operate Variance install 20,949
For each gasoline 20,952
dispensing
facility $20 $100 $50
(6) Dry cleaning 20,955
Dry cleaning Permit to Permit to 20,958
facilities operate Variance install 20,960
For each dry 20,963
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 20,966
of the Revised Code shall be assessed a fee of two hundred fifty 20,967
dollars per mine or location. 20,968
(C)(1) Except as otherwise provided in division (C)(2) of 20,970
this section, beginning July 1, 1994, each person who owns or 20,971
operates an air contaminant source and who is required to apply 20,972
for and obtain a Title V permit under section 3704.036 of the 20,973
487
Revised Code shall pay the fees set forth in division (C)(1) of 20,974
this section. For the purposes of that division, total emissions 20,975
of air contaminants may be calculated using engineering 20,976
calculations, emissions factors, material balance calculations, 20,977
or performance testing procedures, as authorized by the director. 20,978
The following fees shall be assessed on the total actual 20,980
emissions from a source in tons per year of the regulated 20,981
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 20,982
organic compounds, and lead: 20,983
(a) Fifteen dollars per ton on the total actual emissions 20,985
of each such regulated pollutant during the period July through 20,986
December 1993, to be collected no sooner than July 1, 1994; 20,987
(b) Twenty dollars per ton on the total actual emissions 20,989
of each such regulated pollutant during calendar year 1994, to be 20,990
collected no sooner than April 15, 1995; 20,991
(c) Twenty-five dollars per ton on the total actual 20,993
emissions of each such regulated pollutant in calendar year 1995, 20,994
and each subsequent calendar year, to be collected no sooner than 20,995
the fifteenth day of April of the year next succeeding the 20,996
calendar year in which the emissions occurred. 20,997
The fees levied under division (C)(1) of this section do 20,999
not apply to that portion of the emissions of a regulated 21,000
pollutant at a facility that exceed four thousand tons during a 21,001
calendar year. 21,002
(2) The fees assessed under division (C)(1) of this 21,004
section are for the purpose of providing funding for the Title V 21,005
permit program. 21,006
(3) The fees assessed under division (C)(1) of this 21,008
section do not apply to emissions from any electric generating 21,009
unit designated as a Phase I unit under Title IV of the federal 21,010
Clean Air Act prior to calendar year 2000. Those fees shall be 21,011
assessed on the emissions from such a generating unit commencing 21,012
in calendar year 2001 based upon the total actual emissions from 21,013
the generating unit during calendar year 2000. 21,014
488
(4) The director shall issue invoices to owners or 21,016
operators of air contaminant sources who are required to pay a 21,017
fee assessed under division (C) or (D) of this section. Any such 21,018
invoice shall be issued no sooner than the applicable date when 21,019
the fee first may be collected in a year under the applicable 21,020
division, shall identify the nature and amount of the fee 21,021
assessed, and shall indicate that the fee is required to be paid 21,022
within thirty days after the issuance of the invoice. 21,023
(D) Beginning (1) EXCEPT AS PROVIDED IN DIVISION (D)(2) 21,026
OF THIS SECTION, BEGINNING January 1, 1994, each person who owns 21,027
or operates an air contaminant source; who is required to apply 21,028
for a permit to operate pursuant to rules adopted under division 21,029
(G), or a variance pursuant to division (H), of section 3704.03 21,030
of the Revised Code; and who is not required to apply for and 21,031
obtain a Title V permit under section 3704.036 of the Revised 21,032
Code shall pay a single fee based upon the sum of the actual 21,033
annual emissions from the facility of the regulated pollutants 21,034
particulate matter, sulfur dioxide, nitrogen oxides, organic 21,036
compounds, and lead in accordance with the following schedule: 21,037
Total tons 21,039
per year of regulated Annual fee 21,041
pollutants emitted per facility 21,043
More than 0, but less than 50 $ 75 21,045
50 or more, but less than 100 300 21,046
100 or more 700 21,047
(2)(a) AS USED IN DIVISION (D) OF THIS SECTION, "SYNTHETIC 21,051
MINOR FACILITY" MEANS A FACILITY FOR WHICH ONE OR MORE PERMITS TO 21,052
INSTALL OR PERMITS TO OPERATE HAVE BEEN ISSUED FOR THE AIR 21,053
CONTAMINANT SOURCES AT THE FACILITY THAT INCLUDE TERMS AND 21,054
CONDITIONS THAT LOWER THE FACILITY'S POTENTIAL TO EMIT AIR 21,055
CONTAMINANTS BELOW THE MAJOR SOURCE THRESHOLDS ESTABLISHED IN 21,056
RULES ADOPTED UNDER SECTION 3704.036 OF THE REVISED CODE. 21,058
(b) BEGINNING JANUARY 1, 2000, EACH PERSON WHO OWNS OR 21,060
OPERATES A SYNTHETIC MINOR FACILITY SHALL PAY AN ANNUAL FEE BASED 21,062
489
ON THE SUM OF THE ACTUAL ANNUAL EMISSIONS FROM THE FACILITY OF 21,063
PARTICULATE MATTER, SULFUR DIOXIDE, NITROGEN DIOXIDE, ORGANIC 21,064
COMPOUNDS, AND LEAD IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 21,065
COMBINED TOTAL TONS 21,067
PER YEAR OF ALL REGULATED ANNUAL FEE 21,069
POLLUTANTS EMITTED PER FACILITY 21,071
LESS THAN 10 $ 170 21,074
10 OR MORE, BUT LESS THAN 20 340 21,076
20 OR MORE, BUT LESS THAN 30 670 21,078
30 OR MORE, BUT LESS THAN 40 1,010 21,080
40 OR MORE, BUT LESS THAN 50 1,340 21,082
50 OR MORE, BUT LESS THAN 60 1,680 21,084
60 OR MORE, BUT LESS THAN 70 2,010 21,086
70 OR MORE, BUT LESS THAN 80 2,350 21,088
80 OR MORE, BUT LESS THAN 90 2,680 21,090
90 OR MORE, BUT LESS THAN 100 3,020 21,092
100 OR MORE 3,350 21,094
(3) The fees assessed under this division (D)(1) OF THIS 21,098
SECTION shall be collected annually no sooner than the fifteenth 21,099
day of April, commencing in 1995. THE FEES ASSESSED UNDER 21,100
DIVISION (D)(2) OF THIS SECTION SHALL BE COLLECTED NO SOONER THAN 21,101
THE FIFTEENTH DAY OF APRIL, COMMENCING IN 2000. The fee FEES 21,102
assessed under this division (D) OF THIS SECTION in a calendar 21,103
year shall be based upon the sum of the actual emissions of those 21,104
regulated pollutants during the preceding calendar year. For the 21,105
purpose of this division (D) OF THIS SECTION, emissions of air 21,106
contaminants may be calculated using engineering calculations, 21,108
emission factors, material balance calculations, or performance 21,109
testing procedures, as authorized by the director. The director, 21,110
by rule, may require persons who are required to pay the fees 21,111
assessed under this division (D) OF THIS SECTION to pay those 21,112
fees biennially rather than annually. 21,113
(E)(1) Consistent with the need to cover the reasonable 21,115
costs of the Title V permit program, the director annually shall 21,116
490
increase the fees prescribed in division (C)(1) of this section 21,117
by the percentage, if any, by which the consumer price index for 21,118
the most recent calendar year ending before the beginning of a 21,119
year exceeds the consumer price index for calendar year 1989. 21,120
Upon calculating an increase in fees authorized by division 21,121
(E)(1) of this section, the director shall compile revised fee 21,122
schedules for the purposes of division (C)(1) of this section and 21,123
shall make the revised schedules available to persons required to 21,124
pay the fees assessed under that division and to the public. 21,125
(2) For the purposes of division (E)(1) of this section: 21,127
(a) The consumer price index for any year is the average 21,129
of the consumer price index for all urban consumers published by 21,130
the United States department of labor as of the close of the 21,131
twelve-month period ending on the thirty-first day of August of 21,132
that year; 21,133
(b) If the 1989 consumer price index is revised, the 21,135
director shall use the revision of the consumer price index that 21,136
is most consistent with that for calendar year 1989. 21,137
(F) Each person who is issued a permit to install pursuant 21,139
to rules adopted under division (F) of section 3704.03 of the 21,140
Revised Code on or after January 1, 1994, shall pay the fees 21,141
specified in the following schedules: 21,142
(1) 21,144
(1) Fuel-burning equipment (boilers) 21,146
Input capacity (maximum) 21,148
(million British thermal units per Permit to install 21,149
hour)
Greater than 0, but less than 10 $ 200 21,150
10 or more, but less than 100 400 21,151
100 or more, but less than 300 800 21,152
300 or more, but less than 500 1500 21,153
500 or more, but less than 1000 2500 21,154
1000 or more, but less than 5000 4000 21,155
5000 or more 6000 21,156
491
Units burning exclusively natural gas, number two fuel oil, 21,159
or both shall be assessed a fee that is one-half the applicable 21,160
amount shown in division (F)(1) of this section. 21,161
(2) 21,163
(2) Incinerators 21,165
Input capacity (pounds per hour) Permit to install 21,167
0 to 100 $ 100 21,168
101 to 500 400 21,169
501 to 2000 750 21,170
2001 to 20,000 1000 21,171
more than 20,000 2500 21,172
(3) 21,175
(3)(a) Process 21,177
Process weight rate (pounds per Permit to install 21,179
hour)
0 to 1000 $ 200 21,180
1001 to 5000 400 21,181
5001 to 10,000 600 21,182
10,001 to 50,000 800 21,183
more than 50,000 1000 21,184
In any process where process weight rate cannot be 21,187
ascertained, the minimum fee shall be assessed. 21,188
(b) Notwithstanding division (F)(3)(a) of this section, 21,190
any person issued a permit to install pursuant to rules adopted 21,191
under division (F) of section 3704.03 of the Revised Code shall 21,192
pay the fees set forth in division (F)(3)(c) of this section for 21,193
a process used in any of the following industries, as identified 21,194
by the applicable four-digit standard industrial classification 21,195
code according to the Standard Industrial Classification Manual 21,196
published by the United States office of management and budget in 21,197
the executive office of the president, 1972, as revised: 21,198
1211 Bituminous coal and lignite mining; 21,200
1213 Bituminous coal and lignite mining services; 21,202
1411 Dimension stone; 21,204
492
1422 Crushed and broken limestone; 21,206
1427 Crushed and broken stone, not elsewhere classified; 21,208
1442 Construction sand and gravel; 21,210
1446 Industrial sand; 21,212
3281 Cut stone and stone products; 21,214
3295 Minerals and earth, ground or otherwise treated. 21,216
(c) The fees set forth in the following schedule apply to 21,218
the issuance of a permit to install pursuant to rules adopted 21,219
under division (F) of section 3704.03 of the Revised Code for a 21,220
process identified in division (F)(3)(b) of this section: 21,221
Process weight rate Permit to install 21,223
(pounds per hour)
0 to 10,000 $200 21,224
10,001 to 50,000 300 21,225
50,001 to 100,000 400 21,226
100,001 to 200,000 500 21,227
200,001 to 400,000 600 21,228
400,001 or more 700 21,229
(4) 21,232
(4) Storage tanks 21,234
Gallons (maximum useful Permit to install 21,236
capacity)
0 to 20,000 $100 21,237
20,001 to 40,000 150 21,238
40,001 to 100,000 200 21,239
100,001 to 250,000 250 21,240
250,001 to 500,000 350 21,241
500,001 to 1,000,000 500 21,242
1,000,001 or greater 750 21,243
(5) 21,246
(5) Gasoline/fuel dispensing facilities 21,248
For each gasoline/fuel Permit to install 21,250
dispensing facility
493
(includes all units at $100 21,251
the facility)
(6) 21,254
(6) Dry cleaning facilities 21,256
For each dry cleaning Permit to install 21,258
facility
(includes all units at $100 21,259
the facility)
(7) 21,262
(7) Registration status 21,264
Permit to install 21,266
For each source covered 21,267
by registration status $75
(G) An owner or operator who is responsible for an 21,270
asbestos demolition or renovation project pursuant to rules 21,271
adopted under section 3704.03 of the Revised Code shall pay the 21,272
fees set forth in the following schedule: 21,273
Action Fee 21,275
Each notification $75 21,276
Asbestos removal $3/unit 21,277
Asbestos cleanup $4/cubic yard 21,278
For purposes of this division, "unit" means any combination of 21,281
linear feet or square feet equal to fifty. 21,282
(H) A person who is issued an extension of time for a 21,284
permit to install an air contaminant source pursuant to rules 21,285
adopted under division (F) of section 3704.03 of the Revised Code 21,286
shall pay a fee equal to one-half the fee originally assessed for 21,287
the permit to install under this section, except that the fee for 21,288
such an extension shall not exceed two hundred dollars. 21,289
(I) A person who is issued a modification to a permit to 21,291
install an air contaminant source pursuant to rules adopted under 21,292
section 3704.03 of the Revised Code shall pay a fee equal to 21,293
one-half of the fee that would be assessed under this section to 21,294
obtain a permit to install the source. The fee assessed by this 21,295
494
division only applies to modifications that are initiated by the 21,296
owner or operator of the source and shall not exceed two thousand 21,297
dollars. 21,298
(J) Notwithstanding division (B) or (F) of this section, a 21,300
person who applies for or obtains a permit to install pursuant to 21,301
rules adopted under division (F) of section 3704.03 of the 21,302
Revised Code after the date actual construction of the source 21,303
began shall pay a fee for the permit to install that is equal to 21,304
twice the fee that otherwise would be assessed under the 21,305
applicable division unless the applicant received authorization 21,306
to begin construction under division (W) of section 3704.03 of 21,307
the Revised Code. This division only applies to sources for 21,308
which actual construction of the source begins on or after July 21,309
1, 1993. The imposition or payment of the fee established in 21,310
this division does not preclude the director from taking any 21,311
administrative or judicial enforcement action under this chapter, 21,312
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 21,313
rule adopted under any of them, in connection with a violation of 21,314
rules adopted under division (F) of section 3704.03 of the 21,315
Revised Code. 21,316
As used in this division, "actual construction of the 21,318
source" means the initiation of physical on-site construction 21,319
activities in connection with improvements to the source that are 21,320
permanent in nature, including, without limitation, the 21,321
installation of building supports and foundations and the laying 21,322
of underground pipework. 21,323
(K) Fifty cents per ton of each fee assessed under 21,325
division (C) of this section on actual emissions from a source 21,326
and received by the environmental protection agency pursuant to 21,327
that division shall be deposited into the state treasury to the 21,328
credit of the small business assistance fund created in section 21,329
3706.19 of the Revised Code. The remainder of the moneys 21,330
received by the division pursuant to that division and moneys 21,331
received by the agency pursuant to divisions (D), (F), (G), (H), 21,332
495
(I), and (J) of this section shall be deposited in the state 21,333
treasury to the credit of the clean air fund created in section 21,334
3704.035 of the Revised Code. 21,335
(L)(1)(a) Except as otherwise provided in division 21,337
(L)(1)(b) or (c) of this section, a person issued a water 21,338
discharge permit or renewal of a water discharge permit pursuant 21,339
to Chapter 6111. of the Revised Code shall pay a fee based on 21,340
each point source to which the issuance is applicable in 21,341
accordance with the following schedule: 21,342
Design flow discharge (gallons per day) Fee 21,344
0 to 1000 $ 0 21,347
1,001 to 5000 100 21,348
5,001 to 50,000 200 21,349
50,001 to 100,000 300 21,350
100,001 to 300,000 525 21,351
over 300,000 750 21,352
(b) Notwithstanding the fee schedule specified in division 21,355
(L)(1)(a) of this section, the fee for a water discharge permit 21,356
that is applicable to coal mining operations regulated under 21,357
Chapter 1513. of the Revised Code shall be two hundred fifty 21,358
dollars per mine. 21,359
(c) Notwithstanding the fee schedule specified in division 21,361
(L)(1)(a) of this section, the fee for a water discharge permit 21,362
for a public discharger identified by I in the third character of 21,363
the permittee's NPDES permit number shall not exceed seven 21,364
hundred fifty dollars. 21,365
(2) A person applying for a plan approval for a wastewater 21,367
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 21,368
of the Revised Code shall pay a fee of one hundred dollars plus 21,369
sixty-five one-hundredths of one per cent of the estimated 21,370
project cost through June 30, 2000 2002, and one hundred dollars 21,372
plus two-tenths of one per cent of the estimated project cost on 21,373
and after July 1, 2000 2002, except that the total fee shall not 21,374
exceed fifteen thousand dollars through June 30, 2000 2002, and 21,376
496
five thousand dollars on and after July 1, 2000 2002. The fee 21,377
shall be paid at the time the application is submitted. 21,378
(3) A person issued a modification of a water discharge 21,380
permit shall pay a fee equal to one-half the fee that otherwise 21,381
would be charged for a water discharge permit, except that the 21,382
fee for the modification shall not exceed four hundred dollars. 21,383
(4) A person who has entered into an agreement with the 21,385
director under section 6111.14 of the Revised Code shall pay an 21,386
administrative service fee for each plan submitted under that 21,387
section for approval that shall not exceed the minimum amount 21,388
necessary to pay administrative costs directly attributable to 21,389
processing plan approvals. The director annually shall calculate 21,390
the fee and shall notify all persons who have entered into 21,391
agreements under that section, or who have applied for 21,392
agreements, of the amount of the fee. 21,393
(5)(a)(i) Not later than January 30, 1998 2000, and 21,395
January 30, 1999 2001, a person holding an NPDES discharge permit 21,397
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 21,399
shall pay a nonrefundable annual discharge fee. Any person who 21,400
fails to pay the fee at that time shall pay an additional amount 21,401
that equals ten per cent of the required annual discharge fee. 21,402
(ii) The billing year for the annual discharge fee 21,404
established in division (L)(4)(5)(a)(i) of this section shall 21,406
consist of a twelve-month period beginning on the first day of 21,407
January of the year preceding the date when the annual discharge 21,409
fee is due. In the case of an existing source that permanently 21,410
ceases to discharge during a billing year, the director shall 21,411
reduce the annual discharge fee, including the surcharge 21,412
applicable to certain industrial facilities pursuant to division 21,413
(L)(4)(5)(c) of this section, by one-twelfth for each full month 21,414
during the billing year that the source was not discharging, but 21,415
only if the person holding the NPDES discharge permit for the 21,416
source notifies the director in writing, not later than the first 21,417
497
day of October of the billing year, of the circumstances causing 21,419
the cessation of discharge.
(iii) The annual discharge fee established in division 21,422
(L)(4)(5)(a)(i) of this section, except for the surcharge 21,423
applicable to certain industrial facilities pursuant to division 21,424
(L)(4)(5)(c) of this section, shall be based upon the average 21,427
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 21,429
period two years prior to the date on which the fee is due. In 21,430
the case of NPDES discharge permits for new sources, the fee 21,432
operation shall be calculated using the average daily design flow 21,433
of the facility until actual average daily discharge flow values 21,434
are available for the time period specified in division 21,436
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 21,437
be prorated for a new source as described in division 21,438
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger 21,442
shall pay the fee specified in the following schedule: Fee due by 21,445
Average daily January 30, 1998, 21,446
discharge flow and January 30, 1999 21,447
5,000 to 49,999 $ 180 21,450
50,000 to 100,000 450 21,451
100,001 to 250,000 900 21,452
250,001 to 1,000,000 2,250 21,453
1,000,001 to 5,000,000 4,500 21,454
5,000,001 to 10,000,000 9,000 21,455
10,000,001 to 20,000,000 13,500 21,456
20,000,001 to 50,000,000 22,500 21,457
50,000,001 to 100,000,000 36,000 21,458
100,000,001 or more 54,000 21,459
AVERAGE DAILY FEE DUE BY FEE DUE BY 21,463
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 21,465
5,000 TO 49,999 $ 180 $ 200 21,470
498
50,000 TO 100,000 450 500 21,472
100,001 TO 250,000 900 1,050 21,474
250,001 TO 1,000,000 2,250 2,600 21,476
1,000,001 TO 5,000,000 4,500 5,200 21,478
5,000,001 TO 10,000,000 9,000 10,350 21,480
10,000,001 TO 20,000,000 13,500 15,550 21,482
20,000,001 TO 50,000,000 22,500 25,900 21,484
50,000,001 TO 100,000,000 36,000 41,400 21,486
100,000,001 OR MORE 54,000 62,100 21,488
Public dischargers owning or operating two or more publicly 21,491
owned treatment works serving the same political subdivision, as 21,492
"treatment works" is defined in section 6111.01 of the Revised 21,493
Code, and that serve exclusively political subdivisions having a 21,495
population of fewer than one hundred thousand shall pay an annual 21,496
discharge fee under division (L)(5)(b) of this section that is 21,497
based on the combined average daily discharge flow of the 21,498
treatment works.
(C) An NPDES permit holder that is an industrial 21,501
discharger, other than a coal mining operator identified by P in 21,503
the third character of the permittee's NPDES permit number, shall 21,504
pay the fee specified in the following schedule: Fee due by 21,506
Average daily January 30, 1998, 21,507
discharge flow and January 30, 1999 21,508
5,000 to 49,999 $ 180 21,511
50,000 to 250,000 900 21,512
250,001 to 1,000,000 2,250 21,513
1,000,001 to 5,000,000 4,500 21,514
5,000,001 to 10,000,000 6,750 21,515
10,000,001 to 20,000,000 9,000 21,516
20,000,001 to 100,000,000 10,800 21,517
100,000,001 to 250,000,000 12,600 21,518
250,000,001 or more 14,400 21,519
AVERAGE DAILY FEE DUE BY FEE DUE BY 21,523
499
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 21,525
5,000 TO 49,999 $ 180 $ 250 21,530
50,000 TO 250,000 900 1,200 21,532
250,001 TO 1,000,000 2,250 2,950 21,534
1,000,001 TO 5,000,000 4,500 5,850 21,536
5,000,001 TO 10,000,000 6,750 8,800 21,538
10,000,001 TO 20,000,000 9,000 11,700 21,540
20,000,001 TO 100,000,000 10,800 14,050 21,542
100,000,001 TO 250,000,000 12,600 16,400 21,544
250,000,001 OR MORE 14,400 18,700 21,546
In addition to the fee specified in the above schedule, an 21,549
NPDES permit holder that is an industrial discharger classified 21,551
as a major discharger during all or part of the annual discharge 21,552
fee billing year specified in division (L)(4)(5)(a)(ii) of this 21,554
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 21,556
1998 2000, and A NONREFUNDABLE ANNUAL SURCHARGE OF SEVEN THOUSAND 21,557
FIVE HUNDRED DOLLARS not later than January 30, 1999 2001. Any 21,558
person who fails to pay the surcharge at that time shall pay an 21,559
additional amount that equals ten per cent of the amount of the 21,560
surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 21,562
section, a public discharger identified by I in the third 21,563
character of the permittee's NPDES permit number and an 21,564
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 21,565
the third character of the permittee's NPDES permit number shall 21,567
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998 2000, and not later than 21,569
January 30, 1999 2001. Any person who fails to pay the fee at 21,570
that time shall pay an additional amount that equals ten per cent 21,571
of the required fee. 21,572
(6) The director shall transmit all moneys collected under 21,574
division (L) of this section to the treasurer of state for 21,575
deposit into the state treasury to the credit of the surface 21,576
500
water protection fund created in section 6111.038 of the Revised 21,577
Code. 21,578
(7) As used in division (L) of this section: 21,580
(a) "NPDES" means the federally approved national 21,582
pollutant discharge elimination system program for issuing, 21,583
modifying, revoking, reissuing, terminating, monitoring, and 21,584
enforcing permits and imposing and enforcing pretreatment 21,585
requirements under Chapter 6111. of the Revised Code and rules 21,586
adopted under it. 21,587
(b) "Public discharger" means any holder of an NPDES 21,589
permit identified by P in the second character of the NPDES 21,590
permit number assigned by the director. 21,591
(c) "Industrial discharger" means any holder of an NPDES 21,593
permit identified by I in the second character of the NPDES 21,594
permit number assigned by the director. 21,595
(d) "Major discharger" means any holder of an NPDES permit 21,597
classified as major by the regional administrator of the United 21,598
States environmental protection agency in conjunction with the 21,599
director. 21,600
(M) Through June 30, 2000 2002, a person applying for a 21,602
license or license renewal to operate a public water system under 21,604
section 6109.21 of the Revised Code shall pay the appropriate fee 21,605
established under this division at the time of application to the 21,606
director. Any person who fails to pay the fee at that time shall 21,607
pay an additional amount that equals ten per cent of the required 21,608
fee. The director shall transmit all moneys collected under this 21,609
division to the treasurer of state for deposit into the drinking 21,610
water protection fund created in section 6109.30 of the Revised 21,611
Code. 21,612
Fees required under this division shall be calculated and 21,614
paid in accordance with the following schedule: 21,615
(1) For the initial license required under division (A)(1) 21,617
of section 6109.21 of the Revised Code for any public water 21,618
system that is a community water system as defined in section 21,619
501
6109.01 of the Revised Code, and for each license renewal 21,620
required for such a system prior to January 31, 2000 2002, the 21,621
fee is: 21,622
Number of service connections Fee amount 21,624
Not more than 49 $ 56 21,627
50 to 99 88 21,628
Number of service connections Average cost per connection 21,631
100 to 2,499 $ .96 21,633
2,500 to 4,999 .92 21,634
5,000 to 7,499 .88 21,635
7,500 to 9,999 .84 21,636
10,000 to 14,999 .80 21,637
15,000 to 24,999 .76 21,638
25,000 to 49,999 .72 21,639
50,000 to 99,999 .68 21,640
100,000 to 149,999 .64 21,641
150,000 to 199,999 .60 21,642
200,000 or more .56 21,643
A public water system may determine how it will pay the 21,646
total amount of the fee calculated under division (M)(1) of this 21,647
section, including the assessment of additional user fees that 21,648
may be assessed on a volumetric basis. 21,649
As used in division (M)(1) of this section, "service 21,651
connection" means the number of active or inactive pipes, 21,652
goosenecks, pigtails, and any other fittings connecting a water 21,653
main to any building outlet. 21,654
(2) For the initial license required under division (A)(2) 21,656
of section 6109.21 of the Revised Code for any public water 21,657
system that is not a community water system and serves a 21,658
nontransient population, and for each license renewal required 21,659
for such a system prior to January 31, 2000 2002, the fee is: 21,660
Population served Fee amount 21,662
Fewer than 150 $ 56 21,665
150 to 299 88 21,666
502
300 to 749 192 21,667
750 to 1,499 392 21,668
1,500 to 2,999 792 21,669
3,000 to 7,499 1,760 21,670
7,500 to 14,999 3,800 21,671
15,000 to 22,499 6,240 21,672
22,500 to 29,999 8,576 21,673
30,000 or more 11,600 21,674
As used in division (M)(2) of this section, "population 21,677
served" means the total number of individuals receiving water 21,678
from the water supply during a twenty-four-hour period for at 21,679
least sixty days during any calendar year. In the absence of a 21,680
specific population count, that number shall be calculated at the 21,681
rate of three individuals per service connection. 21,682
(3) For the initial license required under division (A)(3) 21,684
of section 6109.21 of the Revised Code for any public water 21,685
system that is not a community water system and serves a 21,686
transient population, and for each license renewal required for 21,687
such a system prior to January 31, 2000 2002, the fee is: 21,688
Number of wells supplying system Fee amount 21,690
1 $ 56 21,693
2 56 21,694
3 88 21,695
4 192 21,696
5 392 21,697
System supplied by surface 21,700
WATER, springs, or dug wells 792 21,701
As used in division (M)(3) of this section, "number of 21,704
wells supplying system" means those wells that are physically 21,705
connected to the plumbing system serving the public water system. 21,706
(N)(1) A person applying for a plan approval for a public 21,708
water supply system under section 6109.07 of the Revised Code 21,709
shall pay a fee of one hundred dollars plus two-tenths of one per 21,710
cent of the estimated project cost, except that the total fee 21,711
503
shall not exceed fifteen thousand dollars through June 30, 2000 21,713
2002, and five thousand dollars on and after July 1, 2000 2002. 21,714
The fee shall be paid at the time the application is submitted. 21,715
(2) A person who has entered into an agreement with the 21,717
director under division (A)(2) of section 6109.07 of the Revised 21,718
Code shall pay an administrative service fee for each plan 21,719
submitted under that section for approval that shall not exceed 21,720
the minimum amount necessary to pay administrative costs directly 21,721
attributable to processing plan approvals. The director annually 21,722
shall calculate the fee and shall notify all persons that have 21,723
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 21,724
(3) Through June 30, 2000 2002, the following fee, on a 21,726
per survey basis, shall be charged any person for services 21,728
rendered by the state in the evaluation of laboratories and 21,729
laboratory personnel for compliance with accepted analytical 21,730
techniques and procedures established pursuant to Chapter 6109. 21,731
of the Revised Code for determining the qualitative 21,732
characteristics of water:
microbiological $1,650 21,734
organic chemical 3,500 21,735
inorganic chemical 3,500 21,736
standard chemistry 1,800 21,737
limited chemistry 1,000 21,738
On and after July 1, 2000 2002, the following fee, on a per 21,741
survey basis, shall be charged any such person: 21,742
microbiological $250 21,744
chemical/radiological 250 21,745
nitrate/turbidity (only) 150 21,746
The fee for those services shall be paid at the time the request 21,749
for the survey is made. Through June 30, 2000 2002, an 21,750
individual laboratory shall not be assessed a fee under this 21,752
division more than once in any three-year period. 21,753
The director shall transmit all moneys collected under this 21,755
504
division to the treasurer of state for deposit into the drinking 21,756
water protection fund created in section 6109.30 of the Revised 21,757
Code. 21,758
(O) Any person applying to the director for examination 21,760
for certification as an operator of a water supply system or 21,761
wastewater system under Chapter 6109. or 6111. of the Revised 21,762
Code, at the time the application is submitted, shall pay an 21,763
application fee of twenty-five dollars through June 30, 2000 21,765
2002, and ten dollars on and after July 1, 2000 2002. Upon 21,766
approval from the director that the applicant is eligible to take 21,767
the examination therefor, the applicant shall pay a fee in 21,769
accordance with the following schedule through June 30, 2000 21,770
2002:
Class I operator $45 21,772
Class II operator 55 21,773
Class III operator 65 21,774
Class IV operator 75 21,775
On and after July 1, 2000 2002, the applicant shall pay a 21,778
fee in accordance with the following schedule: 21,779
Class I operator $25 21,781
Class II operator 35 21,782
Class III operator 45 21,783
Class IV operator 55 21,784
The director shall transmit all moneys collected under this 21,787
division to the treasurer of state for deposit into the drinking 21,788
water protection fund created in section 6109.30 of the Revised 21,789
Code. 21,790
(P) Through June 30, 2000 2002, any person submitting an 21,792
application for an industrial water pollution control certificate 21,793
under section 6111.31 of the Revised Code shall pay a 21,794
nonrefundable fee of five hundred dollars at the time the 21,795
application is submitted. The director shall transmit all moneys 21,796
collected under this division to the treasurer of state for 21,797
deposit into the surface water protection fund created in section 21,798
505
6111.038 of the Revised Code. A person paying a certificate fee 21,799
under this division shall not pay an application fee under 21,800
division (S)(1) of this section. 21,801
(Q) Except as otherwise provided in division (R) of this 21,803
section, a person issued a permit by the director for a new solid 21,804
waste disposal facility other than an incineration or composting 21,805
facility, a new infectious waste treatment facility other than an 21,806
incineration facility, or a modification of such an existing 21,807
facility that includes an increase in the total disposal or 21,808
treatment capacity of the facility pursuant to Chapter 3734. of 21,809
the Revised Code shall pay a fee of ten dollars per thousand 21,810
cubic yards of disposal or treatment capacity, or one thousand 21,811
dollars, whichever is greater, except that the total fee for any 21,812
such permit shall not exceed eighty thousand dollars. A person 21,813
issued a modification of a permit for a solid waste disposal 21,814
facility or an infectious waste treatment facility that does not 21,815
involve an increase in the total disposal or treatment capacity 21,816
of the facility shall pay a fee of one thousand dollars. A 21,817
person issued a permit to install a new, or modify an existing, 21,818
solid waste transfer facility under that chapter shall pay a fee 21,819
of two thousand five hundred dollars. A person issued a permit 21,820
to install a new or to modify an existing solid waste 21,821
incineration or composting facility, or an existing infectious 21,822
waste treatment facility using incineration as its principal 21,823
method of treatment, under that chapter shall pay a fee of one 21,824
thousand dollars. The increases in the permit fees under this 21,825
division resulting from the amendments made by Amended Substitute 21,826
House Bill 592 of the 117th general assembly do not apply to any 21,827
person who submitted an application for a permit to install a 21,828
new, or modify an existing, solid waste disposal facility under 21,829
that chapter prior to September 1, 1987; any such person shall 21,830
pay the permit fee established in this division as it existed 21,831
prior to June 24, 1988. In addition to the applicable permit fee 21,832
under this division, a person issued a permit to install or 21,833
506
modify a solid waste facility or an infectious waste treatment 21,834
facility under that chapter who fails to pay the permit fee to 21,835
the director in compliance with division (V) of this section 21,836
shall pay an additional ten per cent of the amount of the fee for 21,837
each week that the permit fee is late. 21,838
Permit and late payment fees paid to the director under 21,840
this division shall be credited to the general revenue fund. 21,841
(R)(1) A person issued a registration certificate for a 21,843
scrap tire collection facility under section 3734.75 of the 21,844
Revised Code shall pay a fee of two hundred dollars, except that 21,845
if the facility is owned or operated by a motor vehicle salvage 21,846
dealer licensed under Chapter 4738. of the Revised Code, the 21,847
person shall pay a fee of twenty-five dollars. 21,848
(2) A person issued a registration certificate for a new 21,850
scrap tire storage facility under section 3734.76 of the Revised 21,851
Code shall pay a fee of three hundred dollars, except that if the 21,852
facility is owned or operated by a motor vehicle salvage dealer 21,853
licensed under Chapter 4738. of the Revised Code, the person 21,854
shall pay a fee of twenty-five dollars. 21,855
(3) A person issued a permit for a scrap tire storage 21,857
facility under section 3734.76 of the Revised Code shall pay a 21,858
fee of one thousand dollars, except that if the facility is owned 21,859
or operated by a motor vehicle salvage dealer licensed under 21,860
Chapter 4738. of the Revised Code, the person shall pay a fee of 21,861
fifty dollars. 21,862
(4) A person issued a permit for a scrap tire monocell or 21,864
monofill facility under section 3734.77 of the Revised Code shall 21,865
pay a fee of ten dollars per thousand cubic yards of disposal 21,866
capacity or one thousand dollars, whichever is greater, except 21,867
that the total fee for any such permit shall not exceed eighty 21,868
thousand dollars. 21,869
(5) A person issued a registration certificate for a scrap 21,871
tire recovery facility under section 3734.78 of the Revised Code 21,872
shall pay a fee of one hundred dollars. 21,873
507
(6) A person issued a permit for a scrap tire recovery 21,875
facility under section 3734.78 of the Revised Code shall pay a 21,876
fee of one thousand dollars. 21,877
(7) In addition to the applicable registration certificate 21,879
or permit fee under divisions (R)(1) to (6) of this section, a 21,880
person issued a registration certificate or permit for any such 21,881
scrap tire facility who fails to pay the registration certificate 21,882
or permit fee to the director in compliance with division (V) of 21,883
this section shall pay an additional ten per cent of the amount 21,884
of the fee for each week that the fee is late. 21,885
(8) The registration certificate, permit, and late payment 21,887
fees paid to the director under divisions (R)(1) to (7) of this 21,888
section shall be credited to the scrap tire management fund 21,889
created in section 3734.82 of the Revised Code. 21,890
(S)(1) Except as provided by divisions (L), (M), (N), (O), 21,892
(P), and (S)(2) of this section, division (A)(2) of section 21,893
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 21,894
and rules adopted under division (T)(1) of this section, any 21,895
person applying for a registration certificate under section 21,896
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 21,897
variance, or plan approval under Chapter 3734. of the Revised 21,898
Code shall pay a nonrefundable fee of fifteen dollars at the time 21,899
the application is submitted, and any. 21,900
EXCEPT AS OTHERWISE PROVIDED, ANY person applying for a 21,902
permit, variance, or plan approval under Chapter 6109. or 6111. 21,903
of the Revised Code shall pay a nonrefundable fee of one hundred 21,904
dollars at the time the application is submitted through June 30, 21,905
2000 2002, and a nonrefundable fee of fifteen dollars at the time 21,907
the application is submitted on and after July 1, 2000 2002. 21,908
THROUGH JUNE 30, 2002, ANY PERSON APPLYING FOR A NATIONAL 21,909
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UNDER CHAPTER 6111. 21,911
OF THE REVISED CODE SHALL PAY A NONREFUNDABLE FEE OF TWO HUNDRED 21,913
DOLLARS AT THE TIME OF APPLICATION FOR THE PERMIT. ON AND AFTER 21,914
JULY 1, 2002, SUCH A PERSON SHALL PAY A NONREFUNDABLE FEE OF 21,915
508
FIFTEEN DOLLARS AT THE TIME OF APPLICATION. 21,916
The director shall transmit all moneys collected under 21,918
division (S)(1) of this section pursuant to Chapter 6109. of the 21,919
Revised Code to the treasurer of state for deposit into the 21,920
drinking water protection fund created in section 6109.30 of the 21,921
Revised Code.
The director shall transmit all moneys collected under 21,923
division (S)(1) of this section pursuant to Chapter 6111. of the 21,924
Revised Code to the treasurer of state for deposit into the 21,925
surface water protection fund created in section 6111.038 of the 21,926
Revised Code.
If a registration certificate is issued under section 21,928
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 21,929
the application fee paid shall be deducted from the amount of the 21,930
registration certificate fee due under division (R)(1), (2), or 21,931
(5) of this section, as applicable. 21,932
(2) Division (S)(1) of this section does not apply to an 21,934
application for a registration certificate for a scrap tire 21,935
collection or storage facility submitted under section 3734.75 or 21,936
3734.76 of the Revised Code, as applicable, if the owner or 21,937
operator of the facility or proposed facility is a motor vehicle 21,938
salvage dealer licensed under Chapter 4738. of the Revised Code. 21,939
(T) The director may adopt, amend, and rescind rules in 21,941
accordance with Chapter 119. of the Revised Code that do all of 21,942
the following: 21,943
(1) Prescribe fees to be paid by applicants for and 21,945
holders of any license, permit, variance, plan approval, or 21,946
certification required or authorized by Chapter 3704., 3734., 21,947
6109., or 6111. of the Revised Code that are not specifically 21,948
established in this section. The fees shall be designed to 21,949
defray the cost of processing, issuing, revoking, modifying, 21,950
denying, and enforcing the licenses, permits, variances, plan 21,951
approvals, and certifications. 21,952
The director shall transmit all moneys collected under 21,954
509
rules adopted under division (T)(1) of this section pursuant to 21,955
Chapter 6109. of the Revised Code to the treasurer of state for 21,956
deposit into the drinking water protection fund created in 21,957
section 6109.30 of the Revised Code. 21,958
The director shall transmit all moneys collected under 21,960
rules adopted under division (T)(1) of this section pursuant to 21,961
Chapter 6111. of the Revised Code to the treasurer of state for 21,962
deposit into the surface water protection fund created in section 21,963
6111.038 of the Revised Code. 21,964
(2) Exempt the state and political subdivisions thereof, 21,966
including education facilities or medical facilities owned by the 21,967
state or a political subdivision, or any person exempted from 21,968
taxation by section 5709.07 or 5709.12 of the Revised Code, from 21,969
any fee required by this section; 21,970
(3) Provide for the waiver of any fee, or any part 21,972
thereof, otherwise required by this section whenever the director 21,973
determines that the imposition of the fee would constitute an 21,974
unreasonable cost of doing business for any applicant, class of 21,975
applicants, or other person subject to the fee; 21,976
(4) Prescribe measures that the director considers 21,978
necessary to carry out this section. 21,979
(U) When the director reasonably demonstrates that the 21,981
direct cost to the state associated with the issuance of a permit 21,982
to install, license, variance, plan approval, or certification 21,983
exceeds the fee for the issuance or review specified by this 21,984
section, the director may condition the issuance or review on the 21,985
payment by the person receiving the issuance or review of, in 21,986
addition to the fee specified by this section, the amount, or any 21,987
portion thereof, in excess of the fee specified under this 21,988
section. The director shall not so condition issuances for which 21,989
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 21,990
section. 21,991
(V) Except as provided in divisions (L), (M), and (P) of 21,993
this section or unless otherwise prescribed by a rule of the 21,994
510
director adopted pursuant to Chapter 119. of the Revised Code, 21,995
all fees required by this section are payable within thirty days 21,996
after the issuance of an invoice for the fee by the director or 21,997
the effective date of the issuance of the license, permit, 21,998
variance, plan approval, or certification. If payment is late, 21,999
the person responsible for payment of the fee shall pay an 22,000
additional ten per cent of the amount due for each month that it 22,001
is late. 22,002
(W) As used in this section, "fuel-burning equipment," 22,004
"fuel-burning equipment input capacity," "incinerator," 22,005
"incinerator input capacity," "process," "process weight rate," 22,006
"storage tank," "gasoline dispensing facility," "dry cleaning 22,007
facility," "design flow discharge," and "new source treatment 22,008
works" have the meanings ascribed to those terms by applicable 22,009
rules or standards adopted by the director under Chapter 3704. or 22,010
6111. of the Revised Code. 22,011
(X) As used in divisions (B), (C), (D), (E), (F), (H), 22,013
(I), and (J) of this section, and in any other provision of this 22,014
section pertaining to fees paid pursuant to Chapter 3704. of the 22,015
Revised Code: 22,016
(1) "Facility," "federal Clean Air Act," "person," and 22,018
"Title V permit" have the same meanings as in section 3704.01 of 22,019
the Revised Code. 22,020
(2) "Title V permit program" means the following 22,022
activities as necessary to meet the requirements of Title V of 22,023
the federal Clean Air Act and 40 C.F.R. part 70, including at 22,024
least: 22,025
(a) Preparing and adopting, if applicable, generally 22,027
applicable rules or guidance regarding the permit program or its 22,028
implementation or enforcement; 22,029
(b) Reviewing and acting on any application for a Title V 22,031
permit, permit revision, or permit renewal, including the 22,032
development of an applicable requirement as part of the 22,033
processing of a permit, permit revision, or permit renewal; 22,034
511
(c) Administering the permit program, including the 22,036
supporting and tracking of permit applications, compliance 22,037
certification, and related data entry; 22,038
(d) Determining which sources are subject to the program 22,040
and implementing and enforcing the terms of any Title V permit, 22,041
not including any court actions or other formal enforcement 22,042
actions; 22,043
(e) Emission and ambient monitoring; 22,045
(f) Modeling, analyses, or demonstrations; 22,047
(g) Preparing inventories and tracking emissions; 22,049
(h) Providing direct and indirect support to small 22,051
business stationary sources to determine and meet their 22,052
obligations under the federal Clean Air Act pursuant to the small 22,053
business stationary source technical and environmental compliance 22,054
assistance program required by section 507 of that act and 22,055
established in sections 3704.18, 3704.19, and 3706.19 of the 22,056
Revised Code. 22,057
Sec. 3748.07. (A) Every facility that proposes to handle 22,067
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 22,069
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 22,070
registration. Terms and conditions of licenses and certificates 22,071
of registration may be amended in accordance with rules adopted 22,072
under section 3748.04 of the Revised Code or orders issued by the 22,073
director pursuant to section 3748.05 of the Revised Code. 22,074
(B) Until rules are adopted under section 3748.04 of the 22,076
Revised Code, an application for a certificate of registration 22,078
shall be accompanied by a biennial registration fee of one
hundred fifty SIXTY dollars. On and after the effective date of 22,080
those rules, an applicant for a license, registration
certificate, or renewal of either shall pay the appropriate fee 22,081
established in those rules.
All fees collected under this section shall be deposited in 22,083
512
the state treasury to the credit of the general operations fund 22,084
created in section 3701.83 of the Revised Code. The fees shall 22,086
be used solely to administer and enforce this chapter and rules
adopted under it. 22,087
Any fee required under this section that has not been paid 22,089
within ninety days after the invoice date shall be assessed at 22,090
two times the original invoiced fee. Any fee that has not been 22,091
paid within one hundred eighty days after the invoice date shall 22,093
be assessed at five times the original invoiced fee. 22,094
(C) The director shall grant a license or registration to 22,096
any applicant who has paid the required fee and is in compliance 22,097
with this chapter and rules adopted under it. 22,099
Until rules are adopted under section 3748.04 of the 22,101
Revised Code, certificates of registration shall be effective for 22,103
two years from the date of issuance. On and after the effective 22,104
date of those rules, licenses and certificates of registration 22,105
shall be effective for the applicable period established in those 22,106
rules. Licenses and certificates of registration shall be 22,107
renewed in accordance with the standard renewal procedure 22,108
established in Chapter 4745. of the Revised Code. 22,109
Sec. 3748.13. (A) The director of health shall inspect 22,118
sources of radiation for which licensure or registration by the 22,119
handler is required, and the sources' shielding and surroundings, 22,121
according to the schedule established in rules adopted under 22,122
division (D) of section 3748.04 of the Revised Code. In 22,123
accordance with rules adopted under that section, the director 22,124
shall inspect all records and operating procedures of handlers 22,126
that install sources of radiation and all sources of radiation 22,128
for which licensure of radioactive material or registration of 22,129
radiation-generating equipment by the handler is required. The 22,130
director may make other inspections upon receiving complaints or 22,131
other evidence of violation of this chapter or rules adopted 22,132
under it.
The director shall require any hospital registered under 22,135
513
division (A) of section 3701.07 of the Revised Code to develop 22,136
and maintain a quality assurance program for all sources of 22,137
radiation-generating equipment. A certified radiation expert 22,138
shall conduct oversight and maintenance of the program and shall 22,139
file a report of audits of the program with the director on forms 22,140
prescribed by the director. The audit reports shall become part 22,141
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 22,143
section 3748.04 of the Revised Code, a facility shall pay 22,145
inspection fees according to the following schedule and 22,146
categories:
First dental x-ray tube, 22,148
gauging x-ray tube, or
analytical x-ray equipment 22,149
used in nonhealth care
applications $80.00 94.00 22,150
Each additional dental x-ray 22,151
tube, cabinet x-ray tube,
gauging x-ray tube, or 22,152
analytical x-ray equipment
used in nonhealth care
applications at the same 22,154
location $40.00 47.00 22,155
First MEDICAL x-ray tube other 22,156
than dental, cabinet, or
gauging, or analytical x-ray 22,158
equipment used in nonhealth
care applications $160.00 187.00 22,159
Each additional MEDICAL x-ray 22,160
tube other than dental,
cabinet, or gauging, or 22,161
analytical x-ray equipment 22,162
used in nonhealth care
applications at the same
514
location $80.00 94.00 22,164
Each unit of ionizing 22,165
radiation-generating equipment
capable of operating at or 22,166
above 250 kilovoltage peak $320.00 373.00 22,167
First nonionizing 22,168
radiation-generating equipment
of any kind $160.00 187.00 22,169
Each additional nonionizing 22,170
radiation-generating equipment 22,171
of any kind at the same 22,172
location $80.00 94.00 22,173
Amount of radioactive material 22,174
licensed or amount on hand at
the time of inspection, 22,176
whichever is greater:
less than 100 microcuries $100.00 22,179
100 microcuries or more, but 22,180
less than one millicurie $150.00 22,181
one millicurie or more, but 22,182
less than 100 millicuries $200.00 22,183
100 millicuries or more $400.00 22,184
Test of a sealed source for 22,185
leakage of radioactive
material $ 80.00 22,186
Assembler-maintainer 22,187
inspection consisting of an
inspection of records and 22,188
operating procedures of
handlers that install sources
of radiation $200.00 233.00 22,189
Until rules are adopted under division (A)(8) of section 22,192
3748.04 of the Revised Code, the fee for an inspection to 22,193
determine whether violations cited in a previous inspection have 22,195
515
been corrected is fifty per cent of the fee applicable under the 22,196
schedule in this division. Until those rules are adopted, the 22,197
fee for the inspection of a facility that is not licensed or 22,198
registered and for which no license or registration application 22,199
is pending at the time of inspection is two hundred fifty NINETY 22,201
dollars plus the fee applicable under the schedule in this 22,202
division.
The director may conduct a review of shielding plans or the 22,205
adequacy of shielding on the request of a licensee or registrant 22,206
or an applicant for licensure or registration or during an 22,207
inspection when the director considers a review to be necessary. 22,208
Until rules are adopted under division (A)(8) of section 3748.04 22,209
of the Revised Code, the fee for the review is four hundred 22,210
SIXTY-SIX dollars for each room where a source of radiation is 22,211
used and is in addition to any other fee applicable under the 22,212
schedule in this division.
All fees shall be paid to the department of health no later 22,214
than thirty days after the invoice for the fee is mailed. Fees 22,215
shall be deposited in the general operations fund created in 22,216
section 3701.83 of the Revised Code. The fees shall be used 22,217
solely to administer and enforce this chapter and rules adopted 22,218
under it.
Any fee required under this section that has not been paid 22,220
within ninety days after the invoice date shall be assessed at 22,221
two times the original invoiced fee. Any fee that has not been 22,222
paid within one hundred eighty days after the invoice date shall 22,223
be assessed at five times the original invoiced fee. 22,224
(C) If the director determines that a board of health of a 22,227
city or general health district is qualified to conduct 22,228
inspections of radiation-generating equipment, the director may 22,229
delegate to the board, by contract, the authority to conduct such 22,230
inspections. In making a determination of the qualifications of 22,231
a board of health to conduct those inspections, the director 22,232
shall evaluate the credentials of the individuals who are to 22,233
516
conduct the inspections of radiation-generating equipment and the 22,234
radiation detection and measuring equipment available to them for 22,235
that purpose. If a contract is entered into, the board shall 22,236
have the same authority to make inspections of 22,237
radiation-generating equipment as the director has under this 22,238
chapter and rules adopted under it. The contract shall stipulate 22,239
that only individuals approved by the director as qualified shall 22,240
be permitted to inspect radiation-generating equipment under the 22,241
contract's provisions. The contract shall provide for such 22,242
compensation for services as is agreed to by the director and the 22,243
board of health of the contracting health district. The director 22,244
may reevaluate the credentials of the inspection personnel and 22,245
their radiation detecting and measuring equipment as often as the 22,246
director considers necessary and may terminate any contract with 22,247
the board of health of any health district that, in the 22,248
director's opinion, is not satisfactorily performing the terms of 22,249
the contract.
(D) The director may enter at all reasonable times upon 22,251
any public or private property to determine compliance with this 22,252
chapter and rules adopted under it. 22,253
Sec. 3750.02. (A) There is hereby created the emergency 22,262
response commission consisting of the directors of environmental 22,263
protection and health, the chairpersons of the public utilities 22,265
commission, industrial commission, and state and local government 22,267
commission, the fire marshal, the director of public safety, the 22,268
administrator of the bureau of employment services, and the 22,269
attorney general as members ex officio, or their designees; 22,270
notwithstanding section 101.26 of the Revised Code, the 22,271
chairpersons of the respective standing committees of the senate 22,272
and house of representatives that are primarily responsible for 22,273
considering environmental issues who may participate fully in all 22,274
the commission's deliberations and activities, except that they 22,275
shall serve as nonvoting members; and ten members to be appointed 22,276
by the governor with the advice and consent of the senate. The 22,277
517
appointed members, to the extent practicable, shall have 22,278
technical expertise in the field of emergency response. Of the 22,279
appointed members, two shall represent environmental advocacy 22,280
organizations, one shall represent the interests of petroleum 22,281
refiners or marketers or chemical manufacturers, one shall 22,282
represent the interests of another industry subject to this 22,283
chapter, one shall represent the interests of municipal 22,284
corporations, one shall represent the interests of counties, one 22,285
shall represent the interests of chiefs of fire departments, one 22,286
shall represent the interests of professional fire fighters 22,287
FIREFIGHTERS, one shall represent the interests of volunteer fire 22,289
fighters FIREFIGHTERS, and one shall represent the interests of 22,291
local emergency management agencies. 22,292
An appointed member of the commission also may serve as a 22,295
member of the local emergency planning committee of an emergency 22,296
planning district. An appointed member of the commission who is 22,297
also a member of a local emergency planning committee shall not 22,298
participate as a member of the commission in the appointment of 22,299
members of the local emergency planning committee of which the 22,300
member is a member, in the review of the chemical emergency 22,302
response and preparedness plan submitted by the local emergency 22,303
planning committee of which the member is a member, in any vote 22,304
to approve a grant to the member's district, nor OR in any vote 22,306
of the commission on any motion or resolution pertaining 22,308
specifically to the member's district or the local emergency 22,310
planning committee on which the member serves. A commission 22,312
member who is also a member of a local emergency planning 22,313
committee shall not lobby or otherwise act as an advocate for the 22,314
member's district to other members of the commission to obtain 22,316
from the commission anything of value for the member's district 22,317
or the local emergency planning committee of which the member is 22,318
a member. A member of the commission who is also a member of a 22,320
local emergency planning committee may vote on resolutions of the 22,321
commission that apply uniformly to all local emergency planning 22,322
518
committees and districts in the state and do not provide a grant 22,323
or other pecuniary benefit to the member's district or the 22,324
committee of which the member is a member. 22,326
The governor shall make the initial appointments to the 22,328
commission within thirty days after December 14, 1988. Of the 22,330
initial appointments to the commission, five shall be for a term 22,333
of two years and five shall be for a term of one year. 22,334
Thereafter, terms of office of the appointed members of the 22,335
commission shall be for two years, with each term ending on the 22,336
same day of the same month as did the term that it succeeds. 22,337
Each member shall hold office from the date of appointment until 22,338
the end of the term for which the member was appointed. Members 22,340
may be reappointed. Vacancies shall be filled in the manner 22,341
provided for original appointments. Any member appointed to fill 22,342
a vacancy occurring prior to the expiration of the term for which 22,343
the member's predecessor was appointed shall hold office for the 22,345
remainder of that term. A member shall continue in office 22,346
subsequent to the expiration date of the member's term until the 22,348
member's successor takes office or until a period of sixty days 22,349
has elapsed, whichever occurs first. The commission may at any 22,350
time by a vote of two-thirds of all the members remove any 22,351
appointed member of the commission for misfeasance, nonfeasance, 22,352
or malfeasance. Members of the commission shall serve without 22,353
compensation, but shall be reimbursed for the reasonable expenses 22,354
incurred by them in the discharge of their duties as members of 22,355
the commission. 22,356
The commission shall meet at least annually and shall hold 22,358
such additional meetings as are necessary to implement and 22,359
administer this chapter. Additional meetings may be held at the 22,360
behest of either a co-chairperson or a majority of the members. 22,362
The commission shall, by adoption of internal management rules 22,363
under division (B)(9) of this section, establish an executive 22,364
committee and delegate to it the performance of such of the 22,365
commission's duties and powers under this chapter as are required 22,366
519
or authorized to be so delegated by that division. The 22,367
commission may organize itself into such additional committees as 22,368
it considers necessary or convenient to implement and administer 22,369
this chapter. The director of environmental protection and the 22,371
director of public safety or their designees shall serve as 22,372
co-chairpersons of the commission and the executive committee. 22,373
Except as otherwise provided in this chapter, a majority of the 22,374
voting members of the commission constitutes a quorum and the 22,375
affirmative vote of a majority of the voting members of the 22,376
commission is necessary for any action taken by the commission. 22,377
Meetings of the executive committee conducted for the purpose of 22,378
determining whether to issue an enforcement order or request that 22,379
a civil action, civil penalty action, or criminal action be 22,380
brought to enforce this chapter or rules adopted or orders issued 22,381
under it are not subject to section 121.22 of the Revised Code 22,382
pursuant to division (D) of that section. 22,383
Except for the purposes of Chapters 102. and 2921. and 22,385
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 22,386
as an appointed member of the commission does not constitute 22,387
holding a public office or position of employment under the laws 22,388
of this state and does not constitute grounds for removal of 22,389
public officers or employees from their offices or positions of 22,390
employment. 22,391
(B) The commission shall: 22,393
(1) Adopt rules in accordance with Chapter 119. of the 22,395
Revised Code that are consistent with and equivalent in scope, 22,396
content, and coverage to the "Emergency Planning and Community 22,397
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 22,398
and applicable regulations adopted under it: 22,399
(a) Identifying or listing extremely hazardous substances 22,401
and establishing a threshold planning quantity for each such 22,402
substance. To the extent consistent with that act and applicable 22,403
regulations adopted under it, the rules may establish threshold 22,404
planning quantities based upon classes of those substances or 22,405
520
categories of facilities at which such substances are present. 22,406
(b) Listing hazardous chemicals, establishing threshold 22,408
quantities for those chemicals, establishing categories of health 22,409
and physical hazards of those chemicals, establishing criteria or 22,410
procedures for identifying those chemicals and the appropriate 22,411
hazard categories of those chemicals, and establishing ranges of 22,412
quantities for those chemicals to be used in preparing emergency 22,413
and hazardous chemical inventory forms under section 3750.08 of 22,414
the Revised Code. To the extent consistent with that act and 22,415
applicable regulations adopted under it, the rules may establish 22,416
threshold quantities based upon classes of those chemicals or 22,417
categories of facilities where those chemicals are present. 22,418
To the extent consistent with that act, the threshold 22,420
quantities for purposes of the submission of lists of hazardous 22,421
chemicals under section 3750.07 and the submission of emergency 22,422
and hazardous chemical inventory forms under section 3750.08 of 22,423
the Revised Code may differ. 22,424
(c) Identifying or listing hazardous substances and 22,426
establishing reportable quantities of each of those substances 22,427
and each extremely hazardous substance. In addition to being 22,428
consistent with and equivalent in scope, content, and coverage to 22,429
that act and applicable regulations adopted under it, the rules 22,430
shall be consistent with and equivalent in scope, content, and 22,431
coverage to regulations identifying or listing hazardous 22,432
substances and reportable quantities of those substances adopted 22,433
under the "Comprehensive Environmental Response, Compensation, 22,434
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 22,435
amended. 22,436
(d) Prescribing the information to be included in the 22,438
lists of hazardous chemicals required to be submitted under 22,439
section 3750.07 of the Revised Code; 22,440
(e) Prescribing the information to be included in the 22,442
emergency and hazardous chemical inventory forms required to be 22,443
submitted under section 3750.08 of the Revised Code. If the 22,444
521
commission establishes its own emergency and hazardous chemical 22,445
inventory form, the rules shall authorize owners and operators of 22,446
facilities who also have one or more facilities located outside 22,447
the state for which they are required to submit inventory forms 22,448
under the federal act and regulations adopted under it to submit 22,449
their annual inventories on forms prescribed by the administrator 22,450
of the United States environmental protection agency under that 22,451
act instead of on forms prescribed by the commission and shall 22,452
require those owners or operators to submit any additional 22,453
information required by the commission's inventory form on an 22,454
attachment to the federal form. 22,455
(f) Establishing procedures for giving verbal notice of 22,457
releases under section 3750.06 of the Revised Code and 22,458
prescribing the information to be provided in such a notice and 22,459
in the follow-up written notice required by that section; 22,460
(g) Establishing standards for determining valid needs for 22,462
the release of tier II information under division (B)(4) of 22,463
section 3750.10 of the Revised Code; 22,464
(h) Identifying the types or categories of information 22,466
submitted or obtained under this chapter and rules adopted under 22,467
it that constitute confidential business information; 22,468
(i) Establishing criteria and procedures to protect trade 22,470
secret and confidential business information from unauthorized 22,471
disclosure; 22,472
(j) Establishing other requirements or authorizations that 22,474
the commission considers necessary or appropriate to implement, 22,475
administer, and enforce this chapter. 22,476
(2) Adopt rules in accordance with Chapter 119. of the 22,478
Revised Code to implement and administer this chapter that may be 22,479
more stringent than the "Emergency Planning and Community 22,480
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 22,481
and regulations adopted under it. Rules adopted under this 22,482
division (B)(2) OF THIS SECTION shall not be inconsistent with 22,483
that act or the regulations adopted under it. The rules shall: 22,485
522
(a) Prescribe the information to be included in the 22,487
chemical emergency response and preparedness plans prepared and 22,488
submitted by local emergency planning committees under section 22,489
3750.04 of the Revised Code; 22,490
(b) Establish criteria and procedures for reviewing the 22,492
chemical emergency response and preparedness plans of local 22,493
emergency planning committees required by section 3750.04 of the 22,494
Revised Code and the annual exercise of those plans and for 22,495
providing concurrence or requesting modifications in the plans 22,496
and the exercise of those plans. The criteria shall include, 22,497
without limitation, the requirement that each exercise of a 22,498
committee's plan involve, in addition to local emergency response 22,499
and medical personnel, either a facility that is subject to the 22,500
plan or a transporter of materials that are identified or listed 22,501
as hazardous materials by regulations adopted under the 22,502
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 22,503
49 U.S.C.A. 1801, as amended. 22,504
(c) Establish policies and procedures for maintaining 22,506
information submitted to the commission and local emergency 22,507
planning committees under this chapter, and for receiving and 22,508
fulfilling requests from the public for access to review and to 22,509
obtain copies of that information. The criteria and procedures 22,510
shall include the following requirements and authorizations 22,511
regarding that information and access to it: 22,512
(i) Information that is protected as trade secret 22,514
information or confidential business information under this 22,515
chapter and rules adopted under it shall be kept in files that 22,516
are separate from those containing information that is not so 22,517
protected;. 22,518
(ii) The original copies of information submitted to the 22,520
commission or committee shall not be removed from the custody and 22,521
control of the commission or committee;. 22,522
(iii) A person who, either in person or by mail, requests 22,524
to obtain a copy of a material safety data sheet submitted under 22,525
523
this chapter by a facility owner or operator shall submit a 22,526
separate application for each facility for which a material 22,527
safety data sheet is being requested;. 22,528
(iv) A person who requests to receive by mail a copy of 22,530
information submitted under this chapter by a facility owner or 22,531
operator shall submit a separate application for each facility 22,532
for which information is being requested, and shall specify both 22,533
the facility for which information is being requested and the 22,534
particular types of documents requested;. 22,535
(v) Only employees of the commission or committee shall 22,537
copy information in the files of the commission or committee;. 22,538
(vi) The commission or committee may require any person 22,540
who requests to review or obtain a copy of information in its 22,541
files to schedule an appointment for that purpose with the 22,542
information coordinator of the commission or committee at least 22,543
twenty-four hours before arriving at the office of the commission 22,544
or committee for the review or copy. 22,545
(vii) Any person who seeks access to information in the 22,547
files of the commission or a local emergency planning committee 22,548
shall submit a written application, either in person or by mail, 22,549
to the information coordinator on a form provided by the 22,550
commission or committee. The person also shall provide the 22,551
person's name and current mailing address on the application and 22,553
may be requested by the commission or committee to provide basic 22,554
demographic information on the form to assist in the evaluation 22,555
of the information access provisions of this chapter and rules 22,556
adopted under it. Application forms may be obtained by mail or 22,557
in person or by request by telephone at the office of the 22,558
commission or committee during regular business hours. Upon 22,559
receipt of a request for an application by telephone or mail, the 22,560
information coordinator shall promptly mail an application to the 22,561
person who requested it. 22,562
(viii) The application form shall provide the applicant 22,564
with a means of indicating that the applicant's name and address 22,566
524
are to be kept confidential. If the applicant so indicates, that 22,567
information is not a public record under section 149.43 of the 22,568
Revised Code and shall not be disclosed to any person who is not 22,569
a member or employee of the commission or committee or an 22,570
employee of the environmental protection agency. When a name and 22,571
address are to be kept confidential, they also shall be deleted 22,572
from the copy of the application required to be placed in the 22,573
file of the facility under division (B)(2)(c)(xii) of this 22,574
section and shall be withheld from any log of information 22,575
requests kept by the commission or committee pursuant to that 22,576
division. 22,577
(ix) Neither the commission nor a local emergency planning 22,579
committee shall charge any fee for access to review information 22,580
in its files when no copies or computer searches of that 22,581
information are requested;. 22,582
(x) An applicant shall be informed of the cost of copying, 22,584
mailing, or conducting a computer search of information on file 22,585
with the commission or committee before such a copy or search is 22,586
made, and the commission or committee shall collect the 22,587
appropriate fees as established under section 3750.13 of the 22,588
Revised Code. Each applicant shall acknowledge on the 22,589
application form that the applicant is aware that the applicant 22,591
will be charged for copies and computer searches of that 22,592
information the applicant requests and for the costs of mailing 22,594
copies of the information to the applicant.
(xi) The commission or committee may require a person 22,596
requesting copies of information on file with it to take delivery 22,597
of them in the office of the commission or committee whenever it 22,598
considers the volume of the information to be large enough to 22,599
make mailing or delivery by a parcel or package delivery service 22,600
impractical;. 22,601
(xii) When the commission or committee receives a request 22,603
for access to review or obtain copies of information in its 22,604
files, it shall not routinely notify the owner or operator of the 22,605
525
facility involved, but instead shall either keep a log or file of 22,606
requests for the information or shall place a copy of each 22,607
completed application form in the file for the facility to which 22,608
the application pertains. Such a log or file shall be available 22,609
for review by the public and by the owners and operators of 22,610
facilities required to submit information to the commission or 22,611
committee under this chapter and rules adopted under it. 22,612
(d) Require that claims for the protection, as a trade 22,614
secret, of information obtained under this chapter regarding 22,615
extremely hazardous substances identified or listed in rules 22,616
adopted under division (B)(1)(a) of this section and hazardous 22,617
chemicals identified or listed in rules adopted under division 22,618
(B)(1)(b) of this section be submitted to the administrator of 22,619
the United States environmental protection agency for 22,620
determination under section 322 of the "Emergency Planning and 22,621
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 22,622
11042, and regulations adopted under that section; 22,623
(e) Establish criteria and procedures for the issuance of 22,625
variances under divisions (B) and (C) of section 3750.11 of the 22,626
Revised Code. The rules shall require that, before approval of 22,627
an application for a variance, the commission or committee find 22,628
by a preponderance of the scientific evidence based upon 22,629
generally accepted scientific principles or laboratory tests that 22,630
the extremely hazardous substances, hazardous chemicals, or 22,631
hazardous substances that would be subject to the reporting 22,632
requirement pose a substantial risk of catastrophic injury to 22,633
public health or safety or to the environment, or pose an 22,634
extraordinary risk of injury to emergency management personnel 22,635
responding to a release of the chemicals or substances, when the 22,636
substances or chemicals are present at a facility in an amount 22,637
equal to or exceeding the quantity for which reporting would be 22,638
required under the reporting requirement for which the variance 22,639
is sought. The rules shall also require that before approval of 22,640
an application for a variance, the commission or committee find 22,641
526
by a preponderance of the evidence that the development and 22,642
implementation of a local emergency response plan for releases of 22,643
the substances or chemicals covered by the reporting requirement 22,644
will reduce the risk of catastrophic injury to public health or 22,645
safety or to the environment, or will reduce the extraordinary 22,646
risk of injury to responding emergency management personnel, in 22,647
the event of a release of the substances or chemicals and find by 22,648
a preponderance of the evidence that the reporting requirement is 22,649
necessary for the development of such a local emergency response 22,650
plan. The rules shall require that when determining whether the 22,651
substances or chemicals that would be subject to the reporting 22,652
requirement pose a substantial risk of catastrophic injury to 22,653
public health or safety or to the environment, or pose an 22,654
extraordinary risk of injury to emergency management personnel 22,655
responding to a release of the substance or chemical, the 22,656
commission or committee consider all of the following factors: 22,657
(i) The specific characteristics and degree and nature of 22,659
the hazards posed by a release of the extremely hazardous 22,660
substances, hazardous chemicals, or hazardous substances; 22,661
(ii) The proximity of the facilities that would be subject 22,663
to the reporting requirement to residential areas, to areas where 22,664
significantly large numbers of people are employed or otherwise 22,665
congregate, and to environmental resources that are subject to 22,666
injury; 22,667
(iii) The quantities of the extremely hazardous 22,669
substances, hazardous chemicals, or hazardous substances that are 22,670
routinely present at facilities that would be subject to the 22,671
reporting requirement; 22,672
(iv) The frequency with which the extremely hazardous 22,674
substances, hazardous chemicals, or hazardous substances are 22,675
present at the facilities that would be subject to the reporting 22,676
requirement in quantities for which reporting would be required 22,677
thereunder. 22,678
(f) Establish criteria and procedures for the issuance of 22,680
527
orders under division (D) of section 3750.11 of the Revised Code 22,681
requiring the placement of emergency response lock box units. 22,682
The rules shall require that before approval of an application 22,683
for issuance of such an order, the commission or committee find 22,684
by a preponderance of the scientific evidence based upon 22,685
generally accepted scientific principles or laboratory tests that 22,686
the presence of the extremely hazardous substances, hazardous 22,687
chemicals, or hazardous substances in the quantities in which 22,688
they are routinely or intermittently present at the facility for 22,689
which the order is sought pose a substantial risk of catastrophic 22,690
injury to public health or safety or to the environment, or pose 22,691
an extraordinary risk of injury to responding emergency 22,692
management personnel, in the event of a release of any of those 22,693
substances or chemicals from the facility. The rules shall 22,694
require that before approval of an application for issuance of 22,695
such an order, the commission or committee also find by a 22,696
preponderance of the evidence that the placement of an emergency 22,697
response lock box unit at the facility is necessary to protect 22,698
against the substantial risk of catastrophic injury to public 22,699
health or safety or the environment, or to protect against an 22,700
extraordinary risk of injury to responding emergency management 22,701
personnel, in the event of a release of any of the extremely 22,702
hazardous substances, hazardous chemicals, or hazardous 22,703
substances routinely or intermittently present at the facility. 22,704
The rules shall require that when determining whether the 22,705
extremely hazardous substances, hazardous chemicals, or hazardous 22,706
substances present at the facility pose a substantial risk of 22,707
catastrophic injury to public health or safety or to the 22,708
environment, or pose an extraordinary risk of injury to 22,709
responding emergency management personnel, in the event of a 22,710
release of any of those substances or chemicals from the 22,711
facility, the commission or committee consider all of the 22,712
following factors: 22,713
(i) The specific characteristics and the degree and nature 22,715
528
of the hazards posed by a release of the extremely hazardous 22,716
substances, hazardous chemicals, or hazardous substances present 22,717
at the facility; 22,718
(ii) The proximity of the facility to residential areas, 22,720
to areas where significantly large numbers of people are employed 22,721
or otherwise congregate, and to environmental resources that are 22,722
subject to injury; 22,723
(iii) The quantities of the extremely hazardous 22,725
substances, hazardous chemicals, or hazardous substances that are 22,726
routinely present at the facility; 22,727
(iv) The frequency with which the extremely hazardous 22,729
substances, hazardous chemicals, or hazardous substances are 22,730
present at the facility. 22,731
(g) Establish procedures to be followed by the commission 22,733
and the executive committee of the commission for the issuance of 22,734
orders under this chapter. 22,735
(3) In accordance with Chapter 119. of the Revised Code 22,737
adopt rules establishing reportable quantities for releases of 22,738
oil that are consistent with and equivalent in scope, content, 22,739
and coverage to section 311 of the "Federal Water Pollution 22,740
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 22,741
as amended, and applicable regulations adopted under it.; 22,742
(4) Adopt rules in accordance with Chapter 119. of the 22,744
Revised Code establishing criteria and procedures for identifying 22,745
or listing extremely hazardous substances in addition to those 22,746
identified or listed in rules adopted under division (B)(1)(a) of 22,747
this section and for establishing threshold planning quantities 22,748
and reportable quantities for the added extremely hazardous 22,749
substances; for identifying or listing hazardous chemicals in 22,750
addition to those identified or listed in rules adopted under 22,751
division (B)(1)(b) of this section and for establishing threshold 22,752
quantities and categories of health and physical hazards for the 22,753
added hazardous chemicals; and for identifying or listing 22,754
hazardous substances in addition to those identified or listed in 22,755
529
rules adopted under division (B)(1)(c) OF THIS SECTION and for 22,756
establishing reportable quantities for the added hazardous 22,758
substances. The criteria for identifying or listing additional 22,759
extremely hazardous substances and establishing threshold 22,760
planning quantities and reportable quantities therefor and for 22,761
identifying or listing additional hazardous chemicals and 22,762
establishing threshold quantities and categories of health and 22,763
physical hazards for the added hazardous chemicals shall be 22,764
consistent with and equivalent to applicable criteria therefor 22,765
under the "Emergency Planning and Community Right-To-Know Act of 22,766
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 22,767
under it. The criteria for identifying additional hazardous 22,768
substances and for establishing reportable quantities of the 22,769
added hazardous substances shall be consistent with and 22,770
equivalent to the applicable criteria for identifying or listing 22,771
hazardous substances and establishing reportable quantities 22,772
therefor under the "Comprehensive Environmental Response, 22,773
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 22,774
U.S.C.A. 9602, as amended, and regulations adopted under it. The 22,775
THE rules shall require that, before identifying or listing 22,778
any such additional extremely hazardous substance, hazardous 22,779
chemical, or hazardous substance and establishing a threshold 22,780
planning quantity, threshold quantity, or reportable quantity 22,781
therefor, the commission find by a preponderance of the 22,782
scientific evidence based on generally accepted scientific 22,783
principles or laboratory tests that the substance or chemical 22,784
poses a substantial risk of catastrophic injury to public health 22,785
or safety or to the environment, or poses an extraordinary risk 22,786
of injury to emergency management personnel responding to a 22,787
release of the chemical or substance, when the chemical or 22,788
substance is present at a facility in an amount equal to the 22,789
proposed threshold planning quantity or threshold quantity or, in 22,790
the instance of a proposed additional extremely hazardous 22,791
substance or hazardous substance, poses a substantial risk of 22,792
530
catastrophic injury to public health or safety or to the 22,793
environment if a release of the proposed reportable quantity of 22,794
the substance occurs. The rules shall further require that, 22,795
before so identifying or listing a substance or chemical, the 22,796
commission find by a preponderance of the evidence that the 22,797
development and implementation of state or local emergency 22,798
response plans for releases of the substance or chemical will 22,799
reduce the risk of a catastrophic injury to public health or 22,800
safety or to the environment, or will reduce the extraordinary 22,801
risk of injury to responding emergency response personnel, in the 22,802
event of a release of the substance or chemical and find by a 22,803
preponderance of the evidence that the identification or listing 22,804
of the substance or chemical is necessary for the development of 22,805
state or local emergency response plans for releases of the 22,806
substance or chemical. The rules shall require that the 22,807
commission consider the toxicity of the substance or chemical in 22,808
terms of both the short-term and long-term health effects 22,809
resulting from exposure to it and its reactivity, volatility, 22,810
dispersibility, combustibility, and flammability when determining 22,811
the risks posed by a release of the substance or chemical and, as 22,812
appropriate, when establishing a threshold planning quantity, 22,813
threshold quantity, reportable quantity, or category of health or 22,814
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 22,816
Revised Code establishing criteria and procedures for receiving 22,817
and deciding claims for protection of information as a trade 22,818
secret that are applicable only to extremely hazardous substances 22,819
and hazardous chemicals identified or listed in rules adopted 22,820
under division (C)(5) of this section. The rules shall be 22,821
equivalent in scope, content, and coverage to section 322 of the 22,822
"Emergency Planning and Community Right-To-Know Act of 1986," 100 22,823
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 22,824
(6)(a) After consultation with the fire marshal, adopt 22,826
rules in accordance with Chapter 119. of the Revised Code 22,827
531
establishing standards for the construction, placement, and use 22,828
of emergency response lock box units at facilities that are 22,829
subject to this chapter. The rules shall establish all of the 22,830
following: 22,831
(i) Specific standards of construction for lock box units; 22,833
(ii) The specific types of information that shall be 22,835
placed in the lock box units required to be placed at a facility 22,836
by an order issued under division (D) of section 3750.11 of the 22,837
Revised Code, which shall include the location of on-site 22,838
emergency fire-fighting and spill cleanup equipment; a diagram of 22,839
the public and private water supply and sewage systems serving 22,840
the facility that are known to the owner or operator of the 22,841
facility; a copy of the emergency and hazardous chemical 22,842
inventory form for the facility most recently required to be 22,843
submitted under section 3750.08 of the Revised Code from which 22,844
the owner or operator may withhold information claimed or 22,845
determined to be trade secret information pursuant to rules 22,846
adopted under division (B)(2)(d) of this section, or pursuant to 22,847
division (B)(14) of this section and rules adopted under division 22,848
(B)(5) of this section, and confidential business information 22,849
identified in rules adopted under division (B)(1)(h) of this 22,850
section; a copy of the local fire department's and facility's 22,851
emergency management plans for the facility, if any; a current 22,852
list of the names, positions, addresses, and telephone numbers of 22,853
all key facility personnel knowledgeable in facility safety 22,854
procedures and the locations at the facility where extremely 22,855
hazardous substances, hazardous chemicals, and hazardous 22,856
substances are produced, used, or stored. The rules shall 22,857
stipulate that, in the instance of lock box units placed 22,858
voluntarily at facilities by the owners or operators of the 22,859
facilities, such information shall be maintained in them as is 22,860
prescribed by agreement by the owner or operator and the fire 22,861
department having jurisdiction over the facility. 22,862
(iii) The conditions that shall be met in order to provide 22,864
532
safe and expedient access to a lock box unit during a release or 22,865
threatened release of an extremely hazardous substance, hazardous 22,866
chemical, or hazardous substance. 22,867
(b) Unless the owner or operator of a facility is issued 22,869
an order under division (D) of section 3750.11 of the Revised 22,870
Code requiring the owner or operator to place a lock box unit at 22,872
the facility, the owner or operator may place a lock box unit at 22,873
the facility at the owner's or operator's discretion. If the 22,875
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 22,877
box unit is in addition to any other obligations established in 22,878
this chapter.
(c) Any costs associated with the purchase, construction, 22,880
or placement of a lock box unit shall be paid by the owner or 22,881
operator of the facility. 22,882
(7) In accordance with Chapter 119. of the Revised Code, 22,884
adopt rules governing the application for and awarding of grants 22,885
under division (C) of section 3750.14 and division (B) of section 22,886
3750.15 of the Revised Code; 22,887
(8) Adopt rules in accordance with Chapter 119. of the 22,889
Revised Code establishing reasonable maximum fees that may be 22,890
charged by the commission and local emergency planning committees 22,891
for copying information in the commission's or committee's files 22,892
to fulfill requests from the public for that information; 22,893
(9) Adopt internal management rules governing the 22,895
operations of the commission. The internal management rules 22,896
shall establish an executive committee of the commission 22,897
consisting of the director of environmental protection or the 22,898
director's designee, the director of public safety or the 22,900
director's designee, the attorney general or the attorney 22,902
general's designee, one of the appointed members of the 22,904
commission representing industries subject to this chapter to be 22,905
appointed by the commission, one of the appointed members of the 22,906
commission representing the interests of environmental advocacy 22,907
533
organizations to be appointed by the commission, and one other 22,908
appointed member or member ex officio of the commission to be 22,909
appointed by the commission. The executive committee has 22,910
exclusive authority to issue enforcement orders under section 22,911
3750.18 of the Revised Code and to request the attorney general 22,912
to bring a civil action, civil penalty action, or criminal action 22,913
under section 3750.20 of the Revised Code in the name of the 22,914
commission regarding violations of this chapter, rules adopted 22,915
under it, or orders issued under it. The internal management 22,916
rules may set forth the other specific powers and duties of the 22,917
commission that the executive committee may exercise and carry 22,918
out and the conditions under which the executive committee may do 22,919
so. The internal management rules shall not authorize the 22,920
executive committee to issue variances under division (B) or (C) 22,921
of section 3750.11 of the Revised Code or orders under division 22,922
(D) of that section.
(10) Oversee and coordinate the implementation and 22,924
enforcement of this chapter and make such recommendations to the 22,925
director of environmental protection and the director of public 22,927
safety as it considers necessary or appropriate to improve the 22,928
implementation and enforcement of this chapter; 22,929
(11) Make allocations of moneys under division (B) of 22,931
section 3750.14 of the Revised Code and make grants under 22,932
division (C) of section 3750.14 and division (B) of section 22,933
3750.15 of the Revised Code; 22,934
(12) Designate an officer of the environmental protection 22,936
agency to serve as the commission's information coordinator under 22,937
this chapter; 22,938
(13) Not later than December 14, 1989, develop and 22,941
distribute a state emergency response plan that defines the 22,943
emergency response roles and responsibilities of the state 22,944
agencies that are represented on the commission and that provides 22,945
appropriate coordination with the national contingency plan and 22,946
the regional contingency plan required by section 105 of the 22,947
534
"Comprehensive Environmental Response, Compensation, and 22,948
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 22,949
amended. The plan shall ensure a well-coordinated response by 22,950
state agencies that may be involved in assisting local emergency 22,951
responders during a major release of oil or a major sudden and 22,952
accidental release of a hazardous substance or extremely 22,953
hazardous substance. The plan may incorporate existing state 22,954
emergency response plans by reference. At least annually, the 22,955
commission and the state agencies that are represented on it 22,956
shall jointly exercise the state plan in conjunction with the 22,957
exercise of a local emergency response plan by a local emergency 22,958
planning committee under section 3750.04 of the Revised Code. 22,959
After any such exercise, the commission shall review the state 22,960
plan and make such revisions in it as the commission considers 22,961
necessary or appropriate.
(14) Receive and decide claims for the protection of 22,963
information as a trade secret that pertain only to extremely 22,964
hazardous substances and hazardous chemicals identified or listed 22,965
by rules adopted under division (C)(5) of this section. If the 22,966
commission determines that the claim meets the criteria 22,967
established in rules adopted under division (B)(5) of this 22,968
section, it shall issue an order to that effect in accordance 22,969
with section 3750.18 of the Revised Code. If the commission 22,970
determines that the claim does not meet the criteria established 22,971
in those rules, it shall issue an order to that effect in 22,972
accordance with section 3750.18 of the Revised Code. 22,973
(15) Annually compile, make available to the public, and 22,975
submit to the president of the senate and the speaker of the 22,976
house of representatives a summary report on the number of 22,977
facilities estimated to be subject to regulation under sections 22,978
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 22,979
facilities reporting to the commission, an estimate of the 22,980
percentage of facilities in compliance with those sections, and 22,981
recommendations regarding the types of activities the commission 22,982
535
considers necessary to improve such compliance. The commission 22,983
shall base its estimate of the number of facilities that are 22,984
subject to regulation under those sections on the current 22,985
estimates provided by the local emergency planning committees 22,986
under division (D)(6) of section 3750.03 of the Revised Code. 22,987
(C) The commission may: 22,989
(1) Procure by contract the temporary or intermittent 22,991
services of experts or consultants when those services are to be 22,992
performed on a part-time or fee-for-service basis and do not 22,993
involve the performance of administrative duties; 22,994
(2) Enter into contracts or agreements with political 22,996
subdivisions or emergency planning districts for the purposes of 22,997
this chapter; 22,998
(3) Accept on behalf of the state any gift, grant, or 23,000
contribution from any governmental or private source, for the 23,001
purposes of this chapter; 23,002
(4) Enter into contracts, agreements, or memoranda of 23,004
understanding with any state department, agency, board, 23,005
commission, or institution to obtain the services of personnel 23,006
thereof or utilize resources thereof for the purposes of this 23,007
chapter. Employees of a state department, agency, board, 23,008
commission, or institution providing services to the commission 23,009
under any such contract, agreement, or memorandum shall perform 23,010
only those functions and provide only the services provided for 23,011
in the contract, agreement, or memorandum. 23,012
(5) Identify or list extremely hazardous substances in 23,014
addition to those identified or listed in rules adopted under 23,015
division (B)(1)(a) of this section and establish threshold 23,016
planning quantities and reportable quantities for the additional 23,017
extremely hazardous substances, identify or list hazardous 23,018
chemicals in addition to those identified or listed in rules 23,019
adopted under division (B)(1)(b) of this section and establish 23,020
threshold quantities and categories or health and physical 23,021
hazards for the added chemicals, and identify or list hazardous 23,022
536
substances in addition to those identified or listed in rules 23,023
adopted under division (B)(1)(c) of this section and establish 23,024
reportable quantities for the added hazardous substances. The 23,025
commission may establish threshold planning quantities for the 23,026
additional extremely hazardous substances based upon classes of 23,027
those substances or categories of facilities at which they are 23,028
present and may establish threshold quantities for the additional 23,029
hazardous chemicals based upon classes of those chemicals or 23,030
categories of facilities where they are present. The commission 23,031
shall identify or list such additional substances or chemicals 23,032
and establish threshold planning quantities, threshold 23,033
quantities, reportable quantities, and hazard categories therefor 23,034
in accordance with the criteria and procedures established in 23,035
rules adopted under division (B)(4) of this section and, after 23,036
compliance with those criteria and procedures, by the adoption of 23,037
rules in accordance with Chapter 119. of the Revised Code. The 23,038
commission shall not adopt rules under division (C)(5) of this 23,039
section modifying any threshold planning quantity established in 23,040
rules adopted under division (B)(1)(a) of this section, any 23,041
threshold quantity established in rules adopted under division 23,042
(B)(1)(b) of this section, nor OR any reportable quantity 23,043
established in rules adopted under division (B)(1)(c) of this 23,044
section. 23,045
If, after the commission has adopted rules under this 23,047
division (C)(5) OF THIS SECTION identifying or listing an 23,048
extremely hazardous substance, hazardous chemical, or hazardous 23,050
substance, the administrator of the United States environmental 23,051
protection agency identifies or lists the substance or chemical 23,052
as an extremely hazardous substance or hazardous chemical under 23,053
the "Emergency Planning and Community Right-To-Know Act of 1986," 23,054
100 Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a 23,055
substance as a hazardous substance under the "Comprehensive 23,056
Environmental Response, Compensation, and Liability Act of 1980," 23,057
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, the commission shall 23,058
537
rescind its rules adopted under DIVISION (C)(5) OF this section 23,059
pertaining to the substance or chemical and adopt the appropriate 23,061
rules under division (B)(1)(a), (b), or (c) of this section. 23,062
(6) From time to time, request the director of 23,064
environmental protection and the deputy EXECUTIVE director of the 23,066
emergency management agency to review implementation, 23,067
administration, and enforcement of the chemical emergency 23,068
response planning and reporting programs created by this chapter 23,069
and rules adopted under it regarding their effectiveness in 23,070
preparing for response to releases of extremely hazardous 23,071
substances, hazardous chemicals, and hazardous substances. After 23,072
completion of any such review, the director of environmental 23,073
protection and the director of public safety shall report their 23,075
findings to the commission. Upon receipt of their findings, the 23,077
commission may make such recommendations for legislative and 23,078
administrative action as the commission finds necessary or 23,079
appropriate to promote achievement of the purposes of this 23,080
chapter.
(D) Except as provided in section 3750.06 of the Revised 23,082
Code, nothing in this chapter applies to the transportation, 23,083
including the storage incident to transportation, of any 23,084
substance or chemical subject to the requirements of this 23,085
chapter, including the transportation and distribution of natural 23,086
gas. 23,087
(E) This chapter authorizes the state, through the 23,089
emergency response commission, the department of public safety, 23,091
and THE environmental protection agency, to establish and 23,092
maintain chemical emergency response planning and preparedness, 23,093
community right-to-know, and hazardous substance and extremely 23,094
hazardous substance release reporting programs that are 23,095
consistent with and equivalent in scope, coverage, and content to 23,096
the "Emergency Planning and Community Right-To-Know Act of 1986," 23,097
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 23,099
it, except as otherwise specifically required or authorized in 23,100
538
this chapter. The commission, department, and agencies may do 23,102
all things necessary, incidental, or appropriate to implement, 23,103
administer, and enforce this chapter and to perform the duties 23,104
and exercise the powers of the state emergency response 23,105
commission under that act and regulations adopted under it and 23,106
under this chapter.
Sec. 3769.20. (A) To encourage the renovation of existing 23,115
racing facilities for the benefit of the public, breeders, and 23,116
horse owners, and to increase the revenue to the state from the 23,117
increase in pari-mutuel wagering resulting from such improvement, 23,118
the taxes paid by a permit holder to the state, in excess of the 23,119
amount paid to the PASSPORT fund, shall be reduced by one per 23,121
cent of the total amount wagered for those permit holders who 23,122
carry out a "major capital improvement project," as defined in 23,123
this section. The percentage of the reduction that may be taken 23,125
each racing day shall equal seventy-five per cent of the tax 23,126
levied under divisions (B) and (C) of section 3769.08, section 23,127
3769.087, and division (F)(2) of section 3769.26 of the Revised 23,128
Code, as applicable, divided by the calculated amount each fund 23,129
should receive under divisions (B) and (C) of section 3769.08,
section 3769.087, and division (F)(2) of section 3769.26 of the 23,130
Revised Code and the reduction provided for in this section. If 23,132
the resulting percentage is less than one, that percentage shall
be multiplied by the amount of the reduction provided for in this 23,133
section. Otherwise, the permit holder shall receive the full 23,134
reduction provided for in this section. The amount of the 23,135
allowable reduction not received shall be carried forward and 23,136
added to any other reduction balance and applied against future 23,137
tax liability. After any reductions expire, any reduction
carried forward shall be treated as a reduction as provided for 23,138
in this section. If the amount of allowable abatement exceeds 23,139
the amount of taxes derived from a permit holder, the amount of 23,141
the allowable abatement not used may be carried forward and 23,142
applied against future tax liability. If more than one permit 23,143
539
holder is authorized to conduct racing at the facility which THAT 23,144
is being improved, the cost of the major capital improvement 23,146
project shall be allocated between or among all the permit 23,147
holders in the ratio that each permit holder's number of racing 23,148
days bears to the total number of racing days conducted at the 23,149
facility. Such reduction shall start from the day racing is 23,150
first conducted following the date on which the major capital 23,151
improvement project is completed and the construction cost has 23,152
been certified by the state racing commission, except as 23,153
otherwise provided in division (B)(E) of this section, and shall 23,155
continue until the total tax reduction equals the cost of the 23,156
major capital improvement project plus debt service applicable to 23,157
the project. In no event, however, shall any tax reduction, 23,158
excluding any reduction balances, be permitted under this section 23,159
after December 31, 2004 2014. The total tax reduction because of 23,161
the major capital improvement project shall not during any one 23,162
year exceed for all permit holders using any one track, one per 23,164
cent of the total amount wagered. The commission shall notify 23,165
the tax commissioner when the diminution of tax begins and when 23,166
it ends.
(B) Each fiscal year, the commission shall submit a report 23,168
to the tax commissioner, the office of budget and management, and 23,169
the legislative budget office of the legislative service 23,170
commission. The report shall identify each capital improvement 23,171
project undertaken under this section and in progress at each 23,172
race track, indicate the total cost of each such project, state 23,173
the tax reduction that resulted from each such project during the 23,174
immediately preceding fiscal year, estimate the tax reduction 23,175
that will result from each such project during the current fiscal 23,176
year, state the total tax reduction that resulted from all such 23,177
projects at all race tracks during the immediately preceding 23,178
fiscal year, and estimate the total tax reduction that will 23,179
result from all such projects at all race tracks during the 23,180
current fiscal year. 23,181
540
(C) The tax reduction granted pursuant to this section 23,183
shall be in addition to any tax reductions for capital 23,184
improvements and new tracks provided for in section 3769.08 of 23,185
the Revised Code and approved by the racing commission prior to 23,186
March 29, 1988.
(D) In order to qualify for the reduction in tax, a permit 23,188
holder shall apply to the commission in such form as the 23,189
commission may require and shall provide full details of the 23,190
major capital improvement project, including plans and 23,191
specifications, a schedule for the project's construction and 23,192
completion, and a breakdown of proposed costs. In addition, the 23,193
permit holder shall have commenced construction of the major 23,194
capital improvement project or shall have had the application for 23,195
the project approved by the racing commission prior to March 29, 23,196
1988. The commission shall not approve an application unless the 23,197
permit holder shows that a contract for the major capital 23,198
improvement project has been let under an unrestricted 23,199
competitive bidding procedure, unless the contract is exempted by 23,200
the controlling board because of its unusual nature. In 23,201
determining whether to approve an application, the commission 23,202
shall consider whether the major capital improvement project will 23,203
promote the safety, convenience, and comfort of the racing public 23,204
and horse owners and generally tend toward the improvement of 23,205
racing in this state. 23,206
(B)(E) If the major capital improvement project is 23,208
approved by the commission and construction has started, the tax 23,209
adjustment may be authorized by the commission upon presentation 23,210
of copies of paid bills in excess of five hundred thousand 23,211
dollars. After the initial authorization, the permit holder 23,212
shall present copies of paid bills in the amount of not less than 23,213
five hundred thousand dollars. If the permit holder is in 23,214
substantial compliance with the schedule for construction and 23,215
completion of the major capital improvement project, the 23,216
commission may authorize the continuance of the tax adjustment 23,217
541
upon the presentation of such additional paid bills in increments 23,218
of five hundred thousand dollars. The commission may terminate 23,219
the tax adjustment if a permit holder fails to complete the major 23,220
capital improvement project, or fails to comply substantially 23,221
with the schedule for construction and completion of the major 23,222
capital improvement project. If the time for completion of the 23,223
major capital improvement project is delayed by acts of God, 23,224
strikes, or the unavailability of labor or materials, the time 23,225
for completion as set forth in the schedule shall be extended by 23,226
the period of such THE delay. If a permit holder fails to 23,227
complete the major capital improvement project, the commission 23,229
shall order the permit holder to repay to the state the total 23,230
amount of tax reduced, unless the permit holder has spent at 23,231
least six million dollars on the project. The normal tax paid by 23,232
the permit holder under section 3769.08 of the Revised Code shall 23,233
be increased by one per cent of the total amount wagered until 23,234
the total amount of the additional tax collected equals the total 23,235
amount of tax reduced. Any action taken by the commission 23,236
pursuant to this section in terminating the tax adjustment or 23,237
requiring repayment of the amount of tax reduced shall be subject 23,238
to Chapter 119. of the Revised Code. 23,239
(F) As used in this section, "major capital improvement 23,241
project" means the renovation, reconstruction, or remodeling, 23,242
costing at least six million dollars, of a race track facility, 23,243
including, but not limited to, the construction of barns used 23,244
exclusively for such THAT race track facility, backstretch 23,245
facilities for horsemen, paddock facilities, pari-mutuel and 23,247
totalizator equipment and appurtenances to that equipment 23,248
purchased by the track, new access roads, new parking areas, the 23,249
complete reconstruction, reshaping, and leveling of the race 23,250
track and appurtenances, grandstand enclosure, installation of 23,251
permanent new heating or air conditioning, roof replacement, and 23,252
installations of a permanent nature forming a part of the track 23,253
structure. 23,254
542
(G) The cost and expenses to which the tax reduction 23,256
GRANTED UNDER THIS SECTION applies shall be determined by 23,258
generally accepted accounting principles and be verified by an 23,259
audit of the permit holder's records, upon completion of the 23,260
major capital improvement project, either by the commission or by 23,261
an independent certified public accountant selected by the permit 23,262
holder and approved by the commission.
(H) THIS SECTION AND SECTION 3769.201 OF THE REVISED CODE 23,265
GOVERN ANY TAX REDUCTION GRANTED TO A PERMIT HOLDER FOR THE COST
TO THE PERMIT HOLDER OF ANY CLEANUP, REPAIR, OR IMPROVEMENT 23,266
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE 1997 OHIO RIVER 23,267
FLOOD TO THE PLACE, TRACK, OR ENCLOSURE FOR WHICH THE PERMIT IS 23,268
ISSUED.
Sec. 3769.201. THE HOLDER OF A PERMIT ISSUED UNDER SECTION 23,271
3769.06 OF THE REVISED CODE MAY APPLY TO THE STATE RACING 23,272
COMMISSION FOR THE TAX REDUCTION AVAILABLE UNDER SECTION 3769.20 23,273
OF THE REVISED CODE FOR THE COST TO THE PERMIT HOLDER OF ANY 23,274
CLEANUP, REPAIR, OR IMPROVEMENT REQUIRED AS A RESULT OF DAMAGE 23,275
CAUSED BY THE 1997 OHIO RIVER FLOOD TO THE PLACE, TRACK, OR 23,276
ENCLOSURE FOR WHICH THE PERMIT IS ISSUED. AS PART OF THE 23,277
APPLICATION, THE PERMIT HOLDER SHALL SUBMIT EVIDENCE OF PAYMENT
OF THE COST OF THE CLEANUP, REPAIR, OR IMPROVEMENT. THE 23,278
COMMISSION SHALL APPROVE THE TAX REDUCTION IN THE AMOUNT OF THE 23,279
COST TO THE PERMIT HOLDER, NET OF ANY INSURANCE PROCEEDS, OF ANY 23,280
CLEANUP, REPAIR, OR IMPROVEMENT THE COMMISSION DETERMINES WAS 23,281
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE FLOOD. THE PERMIT 23,282
HOLDER NEED NOT HAVE FOLLOWED UNRESTRICTED COMPETITIVE BIDDING
PROCEDURES AS REQUIRED UNDER SECTION 3769.20 OF THE REVISED CODE 23,284
TO QUALIFY FOR THE REDUCTION UNDER THIS SECTION.
THE PERMIT HOLDER SHALL CLAIM THE TAX REDUCTION UNDER THIS 23,286
SECTION IN THE SAME MANNER AS IF IT WERE A TAX REDUCTION FOR A 23,287
MAJOR CAPITAL IMPROVEMENT PROJECT UNDER SECTION 3769.20 OF THE 23,289
REVISED CODE. THE PERCENTAGE OF THE REDUCTION THAT MAY BE TAKEN 23,290
EACH RACING DAY SHALL EQUAL THE PERCENTAGE ALLOWED FOR A 23,291
543
REDUCTION UNDER SECTION 3769.20 OF THE REVISED CODE. A REDUCTION 23,292
UNDER THIS SECTION SHALL BE IN ADDITION TO, AND SHALL BE TAKEN
AFTER COMPLETION OF, A REDUCTION APPROVED UNDER SECTION 3769.20 23,293
OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. A PERMIT 23,295
HOLDER SHALL NOT TAKE A REDUCTION UNDER THIS SECTION FOR A REPAIR
OR IMPROVEMENT FOR WHICH A REDUCTION IS TAKEN UNDER SECTION 23,296
3769.20 OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. 23,297
Sec. 3793.08. The department of alcohol and drug addiction 23,306
services shall submit an annual report to the governor, which 23,307
shall include all of the following: 23,308
(A) A statement of the number of people served by alcohol 23,310
and drug addiction programs that receive funds distributed by the 23,311
department, with a breakdown into categories including age, sex, 23,312
race, THE TYPE OF DRUG TO WHICH THE PERSON IS ADDICTED, and any 23,313
other categories the director of alcohol and drug addiction 23,314
services considers significant;
(B) A report measuring the success of alcohol and drug 23,316
addiction programs, based on the use of measures for 23,317
accountability developed by the department, INCLUDING THE 23,318
PERCENTAGE OF PEOPLE SERVED BY SUCH PROGRAMS WHO HAVE NOT 23,319
RELAPSED;
(C) Any other information that the director considers 23,321
significant or is requested by the governor. 23,322
Sec. 3793.10. A drivers' intervention program may be used 23,331
as an alternative to a term of imprisonment for an offender 23,332
sentenced pursuant to division (A)(1) of section 4511.99 of the 23,333
Revised Code, if it is certified by the director of alcohol and 23,334
drug addiction services pursuant to this section. No drivers' 23,335
intervention program shall be used as an alternative to a term of 23,336
imprisonment that is imposed pursuant to division (A)(2), (3), or 23,338
(4) of section 4511.99 of the Revised Code.
To qualify for certification by the director and to receive 23,340
funds from the drivers' STATEWIDE treatment and intervention 23,342
PREVENTION fund created by division (L) of section 4511.191 23,343
544
4301.30 of the Revised Code in any amounts and at any times that 23,345
the director determines are appropriate, a drivers' intervention 23,346
program shall meet state minimum standards that the director 23,347
shall establish by rule. The rules shall include, but are not 23,348
limited to, standards governing program course hours and content, 23,349
qualifications of program personnel, methods of identifying and 23,350
testing participants to isolate participants with alcohol and 23,351
drug abuse problems, referral of such persons to alcohol and drug 23,352
addiction programs, the prompt notification of courts by program 23,353
operators of the completion of the programs by persons required 23,354
by courts to attend them, and record keeping, including methods 23,355
of tracking participants for a reasonable time after they have 23,356
left the program. 23,357
The director shall issue a certificate to any qualified 23,359
drivers' intervention program. The certificate shall be IS valid 23,361
for three years.
Sec. 3793.12. (A) The department of alcohol and drug 23,370
addiction services shall collect and compile statistics and other 23,371
information on the care, treatment, and rehabilitation of 23,372
alcoholics, drug dependent persons, and persons in danger of drug 23,373
dependence in this state, including, without limitation, 23,374
information on the number of such persons, the type of drug 23,375
involved, the type of care, treatment, or rehabilitation 23,376
prescribed or undertaken, and the success or failure of the care, 23,377
treatment, or rehabilitation. 23,378
(B) No alcohol or drug addiction program shall fail to 23,380
supply statistics and other information within its knowledge and 23,381
with respect to its programs, upon request of the department. 23,382
(C) Communications by a person seeking aid in good faith 23,384
for alcoholism or drug dependence ARE confidential, and this 23,385
section does not require the collection or permit the disclosure 23,386
of information which reveals or comprises the identity of any 23,387
person seeking aid. 23,388
(D) BASED ON THE INFORMATION COLLECTED AND COMPILED UNDER 23,390
545
DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A 23,391
PROJECT TO ASSESS THE OUTCOMES OF PERSONS SERVED BY ALCOHOL AND 23,392
DRUG ADDICTION PROGRAMS THAT RECEIVE FUNDS DISTRIBUTED BY THE 23,393
DEPARTMENT.
Sec. 4105.17. (A) The fee for any inspection, OR 23,402
ATTEMPTED INSPECTION THAT, DUE TO NO FAULT OF A GENERAL INSPECTOR 23,403
OR THE DIVISION OF INDUSTRIAL COMPLIANCE, IS NOT SUCCESSFULLY 23,404
COMPLETED, by a general inspector of an elevator required to be 23,405
inspected under this chapter is thirty dollars plus five dollars 23,406
for each floor where the elevator stops. THE SUPERINTENDENT OF 23,407
THE DIVISION OF INDUSTRIAL COMPLIANCE MAY ASSESS A FEE OF THIRTY 23,408
DOLLARS PLUS FIVE DOLLARS FOR EACH FLOOR WHERE AN ELEVATOR STOPS 23,409
FOR THE REINSPECTION OF AN ELEVATOR WHEN A PREVIOUS ATTEMPT TO 23,410
INSPECT THAT ELEVATOR HAS BEEN UNSUCCESSFUL THROUGH NO FAULT OF A
GENERAL INSPECTOR OR THE DIVISION OF INDUSTRIAL COMPLIANCE. The 23,411
fee for issuing or renewing a certificate of operation under 23,413
section 4105.15 of the Revised Code is thirty-five dollars. 23,414
(B) All other fees to be charged for any examination given 23,416
or other service performed by the division of industrial 23,417
compliance pursuant to this chapter shall be prescribed by the 23,419
board of building standards established by section 3781.07 of the 23,420
Revised Code. The fees shall be reasonably related to the costs 23,421
of such examination or other service. 23,422
(C) The board of building standards, subject to the 23,424
approval of the controlling board, may establish fees in excess 23,425
of the fees provided in division (A) of this section, provided 23,426
that the fees do not exceed the amounts established in division 23,427
(A) of this section by more than fifty per cent. Any moneys 23,428
collected under this section shall be paid into the state 23,429
treasury to the credit of the industrial compliance operating 23,431
fund created in section 121.084 of the Revised Code. 23,432
(D) Any person who fails to pay an inspection fee required 23,434
for any inspection conducted by the division pursuant to this 23,436
chapter within forty-five days after the inspection is conducted 23,437
546
shall pay a late payment fee equal to twenty-five per cent of the 23,438
inspection fee. 23,439
(E) In addition to the fee assessed in division (A) of 23,441
this section, the board of building standards shall assess a fee 23,442
of three dollars and twenty-five cents for each certificate of 23,443
operation or renewal thereof issued under division (A) of this 23,444
section and for each permit issued under section 4105.16 of the 23,445
Revised Code. The board shall adopt rules, in accordance with 23,446
Chapter 119. of the Revised Code, specifying the manner by which 23,447
the superintendent of the division of industrial compliance shall 23,449
collect and remit to the board the fees assessed under this 23,451
division and requiring that remittance of the fees be made at 23,452
least quarterly.
Sec. 4112.04. (A) The CIVIL RIGHTS commission shall do 23,461
all of the following: 23,462
(1) Establish and maintain a principal office in the city 23,464
of Columbus and any other offices within the state that it 23,465
considers necessary; 23,466
(2) Appoint an executive director who shall serve at the 23,468
pleasure of the commission and be its principal administrative 23,469
officer. The executive director shall be paid a salary fixed 23,470
pursuant to Chapter 124. of the Revised Code. 23,471
(3) Appoint hearing examiners and other employees and 23,473
agents who it considers necessary and prescribe their duties 23,474
subject to Chapter 124. of the Revised Code; 23,475
(4) Adopt, promulgate, amend, and rescind rules to 23,477
effectuate the provisions of this chapter and the policies and 23,478
practice of the commission in connection with this chapter.; 23,479
(5) Formulate policies to effectuate the purposes of this 23,481
chapter and make recommendations to agencies and officers of the 23,482
state or political subdivisions to effectuate the policies; 23,483
(6) Receive, investigate, and pass upon written charges 23,485
made under oath of unlawful discriminatory practices; 23,486
(7) Make periodic surveys of the existence and effect of 23,488
547
discrimination because of race, color, religion, sex, familial 23,489
status, national origin, handicap, age, or ancestry on the 23,490
enjoyment of civil rights by persons within the state; 23,491
(8) Report, from time to time, but not less than once a 23,493
year, to the general assembly and the governor, describing in 23,494
detail the investigations, proceedings, and hearings it has 23,495
conducted and their outcome, the decisions it has rendered, and 23,496
the other work performed by it, which report shall include a copy 23,497
of any surveys prepared pursuant to division (A)(7) of this 23,498
section and shall include the recommendations of the commission 23,499
as to legislative or other remedial action; 23,500
(9) Prepare a comprehensive educational program, in 23,502
cooperation with the department of education, for the students of 23,503
the public schools of this state and for all other residents of 23,504
this state that is designed to eliminate prejudice on the basis 23,505
of race, color, religion, sex, familial status, national origin, 23,506
handicap, age, or ancestry in this state, to further good will 23,507
among those groups, and to emphasize the origin of prejudice 23,508
against those groups, its harmful effects, and its 23,509
incompatibility with American principles of equality and fair 23,510
play; 23,511
(10) Receive progress reports from agencies, 23,513
instrumentalities, institutions, boards, commissions, and other 23,514
entities of this state or any of its political subdivisions and 23,515
their agencies, instrumentalities, institutions, boards, 23,516
commissions, and other entities regarding affirmative action 23,517
programs for the employment of persons against whom 23,518
discrimination is prohibited by this chapter, or regarding any 23,519
affirmative housing accommodations programs developed to 23,520
eliminate or reduce an imbalance of race, color, religion, sex, 23,521
familial status, national origin, handicap, or ancestry. All 23,522
agencies, instrumentalities, institutions, boards, commissions, 23,523
and other entities of this state or its political subdivisions, 23,524
and all political subdivisions, that have undertaken affirmative 23,525
548
action programs pursuant to a conciliation agreement with the 23,526
commission, an executive order of the governor, any federal 23,527
statute or rule, or an executive order of the president of the 23,528
United States shall file progress reports with the commission 23,529
annually on or before the first day of November. The commission 23,530
shall analyze and evaluate the progress reports and report its 23,531
findings annually to the general assembly on or before the 23,532
thirtieth day of January of the year immediately following the 23,533
receipt of the reports. 23,534
(B) The commission may do any of the following: 23,536
(1) Meet and function at any place within the state; 23,538
(2) Initiate and undertake on its own motion 23,540
investigations of problems of employment or housing 23,541
accommodations discrimination; 23,542
(3) Hold hearings, subpoena witnesses, compel their 23,544
attendance, administer oaths, take the testimony of any person 23,545
under oath, require the production for examination of any books 23,546
and papers relating to any matter under investigation or in 23,547
question before the commission, and make rules as to the issuance 23,548
of subpoenas by individual commissioners. 23,549
(a) In conducting a hearing or investigation, the 23,551
commission shall have access at all reasonable times to premises, 23,552
records, documents, individuals, and other evidence or possible 23,553
sources of evidence and may examine, record, and copy the 23,554
premises, records, documents, and other evidence or possible 23,555
sources of evidence and take and record the testimony or 23,556
statements of the individuals as reasonably necessary for the 23,557
furtherance of the hearing or investigation. In investigations, 23,558
the commission shall comply with the fourth amendment to the 23,559
United States Constitution relating to unreasonable searches and 23,560
seizures. The commission or a member of the commission may issue 23,561
subpoenas to compel access to or the production of premises, 23,562
records, documents, and other evidence or possible sources of 23,563
evidence or the appearance of individuals, and may issue 23,564
549
interrogatories to a respondent, to the same extent and subject 23,565
to the same limitations as would apply if the subpoenas or 23,566
interrogatories were issued or served in aid of a civil action in 23,567
a court of common pleas. 23,568
(b) Upon written application by a respondent, the 23,570
commission shall issue subpoenas in its name to the same extent 23,571
and subject to the same limitations as subpoenas issued by the 23,572
commission. Subpoenas issued at the request of a respondent 23,573
shall show on their face the name and address of the respondent 23,574
and shall state that they were issued at his THE RESPONDENT'S 23,575
request. 23,576
(c) Witnesses summoned by subpoena of the commission are 23,578
entitled to the same witness and mileage fees as are witnesses in 23,579
proceedings in a court of common pleas. 23,580
(d) Within five days after service of a subpoena upon any 23,582
person, the person may petition the commission to revoke or 23,583
modify the subpoena. The commission shall grant the petition if 23,584
it finds that the subpoena requires an appearance or attendance 23,585
at an unreasonable time or place, that it requires production of 23,586
evidence that does not relate to any matter before the 23,587
commission, that it does not describe with sufficient 23,588
particularity the evidence to be produced, that compliance would 23,589
be unduly onerous, or for other good reason. 23,590
(e) In case of contumacy or refusal to obey a subpoena, 23,592
the commission or person at whose request it was issued may 23,593
petition for its enforcement in the court of common pleas in the 23,594
county in which the person to whom the subpoena was addressed 23,595
resides, was served, or transacts business. 23,596
(4) Create local or statewide advisory agencies and 23,598
conciliation councils to aid in effectuating the purposes of this 23,599
chapter. The commission may itself, or it may empower these 23,600
agencies and councils to, do either or both of the following: 23,601
(a) Study the problems of discrimination in all or 23,603
specific fields of human relationships when based on race, color, 23,604
550
religion, sex, familial status, national origin, handicap, age, 23,605
or ancestry; 23,606
(b) Foster through community effort, or otherwise, good 23,608
will among the groups and elements of the population of the 23,609
state. 23,610
The agencies and councils may make recommendations to the 23,612
commission for the development of policies and procedures in 23,613
general. They shall be composed of representative citizens who 23,614
shall serve without pay, except that reimbursement for actual and 23,615
necessary traveling expenses shall be made to citizens who serve 23,616
on a statewide agency or council. 23,617
(5) Issue any publications and the results of 23,619
investigations and research that in its judgment will tend to 23,620
promote good will and minimize or eliminate discrimination 23,621
because of race, color, religion, sex, familial status, national 23,622
origin, handicap, age, or ancestry; 23,623
(6) DELEGATE TO THE EXECUTIVE DIRECTOR THE AUTHORITY TO 23,625
PERFORM ANY ADMINISTRATIVE DUTIES NECESSARY TO CARRY OUT THE 23,626
COMMISSION'S RESPONSIBILITIES, INCLUDING THE AUTHORITY TO 23,627
APPOINT, REMOVE, AND DISCIPLINE THE COMMISSION'S EMPLOYEES. 23,628
Sec. 4112.12. (A) There is hereby created the commission 23,637
on African-American males, which shall consist of not more than 23,638
forty-one members as follows: the directors or their designees 23,639
of the departments of health, development, alcohol and drug 23,640
addiction services, human services, rehabilitation and 23,641
correction, mental health, and youth services; the administrator 23,642
or his THE ADMINISTRATOR'S designee of the bureau of employment 23,643
services; the adjutant general or his THE ADJUTANT GENERAL'S 23,645
designee; the equal employment opportunity officer of the 23,646
department of administrative services or his THE EQUAL EMPLOYMENT 23,648
OPPORTUNITY OFFICER'S designee; the executive director or his THE 23,649
EXECUTIVE DIRECTOR'S designee of the Ohio civil rights 23,650
commission; the director or his THE DIRECTOR'S designee of the 23,652
office of criminal justice services; the superintendent of public 23,653
551
instruction; the chancellor or his THE CHANCELLOR'S designee of 23,654
the Ohio board of regents; two members of the house of 23,656
representatives appointed by the speaker of the house of 23,657
representatives; three members of the senate appointed by the 23,658
president of the senate; and not more than twenty-two members 23,659
appointed by the governor. The members appointed by the governor 23,660
shall include at least one representative of each of the 23,661
following: the national association for the advancement of 23,662
colored people; the urban league; an organization representing 23,663
black elected officials; an organization representing black 23,664
attorneys; the black religious community; the black business 23,665
community; the nonminority business community; AND organized 23,666
labor; and at least one black medical doctor, one black elected 23,667
member of a school board, AND one black educator,; and at least 23,668
two representatives of local private industry councils. The 23,669
remaining members that may be appointed by the governor shall be 23,670
selected from elected officials, civic and community leaders, and 23,671
representatives of the employment, criminal justice, education, 23,672
and health communities.
(B) Initial members of the commission shall be those 23,674
members serving on the governor's commission on socially 23,675
disadvantaged black males on June 30, 1991, in accordance with 23,676
executive orders 89-9 and 90-34. In the event that a member of 23,677
the general assembly serving on the commission on that date 23,678
pursuant to executive orders 89-9 and 90-34 is no longer a member 23,679
of the general assembly, the speaker of the house of 23,680
representatives or the president of the senate, as appropriate, 23,681
shall appoint a new member in accordance with division (A) of 23,682
this section. Of the initial members who are governor's 23,683
appointees, the governor shall designate seven who shall serve 23,684
terms ending June 30, 1993, seven who shall serve terms ending 23,685
June 30, 1994, and eight who shall serve terms ending June 30, 23,686
1995. Thereafter, terms of office shall be for three years, with 23,687
each term ending on the same day of the same month as did the 23,688
552
term that it succeeds. Each member shall hold office from the 23,689
date of his appointment until the end of the term for which he 23,690
THE MEMBER was appointed. Members may be reappointed. Vacancies 23,691
shall be filled in the manner provided for original appointments. 23,692
Any member appointed to fill a vacancy occurring prior to the 23,693
expiration date of the term for which his THE MEMBER'S 23,694
predecessor was appointed shall hold office as a member for the 23,695
remainder of that term. A member shall continue in office 23,696
subsequent to the expiration date of his THE MEMBER'S term until 23,697
his THE MEMBER'S successor takes office or until a period of 23,699
sixty days has elapsed, whichever occurs first.
The chairman of the governor's commission on socially 23,702
disadvantaged black males serving on June 30, 1991, shall serve
as chairman of the commission on African-American males until 23,704
June 30, 1993. Thereafter, the commission annually shall elect a 23,705
chairman CHAIRPERSON from among its members. 23,706
(C) Members of the commission and members of subcommittees 23,708
appointed under division (B) of section 4112.13 of the Revised 23,709
Code shall not be compensated, but shall be reimbursed for their 23,710
necessary and actual expenses incurred in the performance of 23,711
their official duties. 23,712
(D)(1) The Ohio civil rights commission shall oversee and 23,714
coordinate the activities of the commission PERFORM THE FOLLOWING 23,716
ROUTINE SUPPORT SERVICES FOR THE COMMISSION ON AFRICAN-AMERICAN 23,718
MALES:
(a) PREPARING AND PROCESSING PAYROLL AND OTHER PERSONNEL 23,720
DOCUMENTS; 23,721
(b) PREPARING AND PROCESSING VOUCHERS, PURCHASE ORDERS, 23,723
ENCUMBRANCES, AND OTHER ACCOUNTING DOCUMENTS; 23,724
(c) MAINTAINING LEDGERS OF ACCOUNTS AND BALANCES; 23,726
(d) PREPARING AND MONITORING BUDGETS AND ALLOTMENT PLANS 23,728
IN CONSULTATION WITH THE COMMISSION ON AFRICAN-AMERICAN MALES; 23,730
(e) OTHER ROUTINE SUPPORT SERVICES THAT THE CIVIL RIGHTS 23,732
COMMISSION CONSIDERS APPROPRIATE TO ACHIEVE EFFICIENCY. 23,733
553
(2) THE CIVIL RIGHTS COMMISSION MAY PERFORM OTHER SERVICES 23,735
WHICH THE COMMISSION ON AFRICAN-AMERICAN MALES DELEGATES TO THE 23,736
CIVIL RIGHTS COMMISSION AND THAT THE CIVIL RIGHTS COMMISSION 23,737
ACCEPTS.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A GRANT 23,739
OF AUTHORITY FOR THE CIVIL RIGHTS COMMISSION TO INITIATE OR DENY 23,740
PERSONNEL OR FISCAL ACTIONS FOR THE COMMISSION ON 23,741
AFRICAN-AMERICAN MALES. 23,742
Sec. 4112.15. THERE IS HEREBY CREATED IN THE STATE 23,744
TREASURY THE CIVIL RIGHTS COMMISSION GENERAL REIMBURSEMENT FUND, 23,745
WHICH SHALL BE USED TO PAY OPERATING COSTS OF THE COMMISSION. 23,746
ALL MONEY PAID TO THE COMMISSION FOR COPIES OF COMMISSION 23,747
DOCUMENTS AND FOR OTHER GOODS AND SERVICES FURNISHED BY THE 23,748
COMMISSION SHALL BE CREDITED TO THE FUND. 23,749
Sec. 4115.101. THERE IS HEREBY CREATED THE PREVAILING WAGE 23,751
CUSTODIAL FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF 23,752
STATE BUT SHALL NOT BE PART OF THE STATE TREASURY. THE 23,753
ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES SHALL DEPOSIT 23,754
TO THE FUND ALL MONEY PAID BY EMPLOYERS TO THE ADMINISTRATOR THAT 23,755
ARE HELD IN TRUST FOR EMPLOYEES TO WHOM PREVAILING WAGES ARE DUE
AND OWING. THE ADMINISTRATOR SHALL MAKE DISBURSEMENTS FROM THE 23,756
FUND IN ACCORDANCE WITH THIS CHAPTER TO EMPLOYEES AFFECTED BY 23,757
VIOLATIONS OF THIS CHAPTER.
Sec. 4117.24. THE TRAINING AND PUBLICATIONS FUND IS HEREBY 23,759
CREATED IN THE STATE TREASURY. THE STATE EMPLOYMENT RELATIONS 23,760
BOARD SHALL DEPOSIT INTO THE TRAINING AND PUBLICATIONS FUND ALL 23,761
PAYMENTS RECEIVED BY THE BOARD FOR COPIES OF DOCUMENTS, 23,762
RULEBOOKS, AND OTHER PUBLICATIONS; FEES RECEIVED FROM SEMINAR
PARTICIPANTS; AND RECEIPTS FROM THE SALE OF CLEARINGHOUSE DATA. 23,763
THE STATE EMPLOYMENT RELATIONS BOARD SHALL USE ALL MONEYS 23,764
DEPOSITED INTO THE TRAINING AND PUBLICATIONS FUND TO DEFRAY THE 23,765
COSTS OF FURNISHING AND MAKING AVAILABLE COPIES OF DOCUMENTS, 23,766
RULEBOOKS, AND OTHER PUBLICATIONS; THE COSTS OF PLANNING,
ORGANIZING, AND CONDUCTING TRAINING SEMINARS; AND THE COSTS OF 23,767
554
COMPILING CLEARINGHOUSE DATA. 23,768
Sec. 4163.07. (A)(1) Prior to transporting any large 23,777
quantity of special nuclear material or by-product material into 23,778
or through the state, the carrier or shipper of the material 23,779
shall notify the deputy EXECUTIVE director of the emergency 23,780
management agency established under section 5502.22 of the 23,781
Revised Code of the shipment. The notice shall be in writing and 23,782
be sent by certified mail and shall include the name of the 23,783
shipper; the name of the carrier; the type and quantity of the 23,784
special nuclear material or by-product material; the 23,785
transportation mode of the shipment; the proposed date and time 23,786
of shipment of the material into or through the state; and the 23,787
starting point, termination or exit point, scheduled route, and 23,788
each alternate route, if any, of the shipment. In order to 23,789
constitute effective notification under division (A)(1) of this 23,790
section, notification shall be received by the deputy EXECUTIVE 23,791
director at least forty-eight hours prior to entry of the 23,794
shipment into the state.
(2) The carrier or shipper of any shipment subject to 23,796
division (A)(1) of this section shall immediately notify the 23,797
deputy EXECUTIVE director of any change in the date and time of 23,799
the shipment or in the route of the shipment into or through the 23,800
state.
(B) Upon receipt of a notice of any shipment of a large 23,802
quantity of special nuclear material or by-product material into 23,803
or through the state, the deputy EXECUTIVE director of the 23,804
emergency management agency shall immediately notify the director 23,807
of public safety, the director of environmental protection, the 23,808
chairman CHAIRPERSON of the public utilities commission, and the 23,809
sheriff of each county along the proposed route, or any alternate 23,811
route, of the shipment.
(C) The deputy EXECUTIVE director of the emergency 23,813
management agency shall not disclose to any person other than 23,815
those persons enumerated in division (B) of this section any 23,816
555
information pertaining to any shipment of special nuclear 23,817
material or by-product material prior to the time that the 23,818
shipment is completed.
(D) This section does not apply to radioactive materials, 23,820
other than by-products, shipped by or for the United States 23,821
department of defense and United States department of energy. 23,822
Nothing in this section shall require REQUIRES the disclosure of 23,824
any defense information or restricted data as defined in the 23,825
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as 23,826
amended.
(E) No person shall transport or cause to be transported 23,828
into or through the state any large quantity of special or 23,829
by-product material without first providing the notice required 23,830
in division (A) of this section. 23,831
Sec. 4301.10. (A) The department or, beginning on July 1, 23,840
1997, the division of liquor control shall: 23,841
(1) Control the traffic in beer and intoxicating liquor in 23,843
this state, including the manufacture, importation, and sale of 23,845
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 23,847
distribution, transportation, and sale of beer and intoxicating 23,848
liquor and the sale of alcohol, as authorized or required by this 23,849
chapter and Chapter 4303. of the Revised Code; and a certificate 23,850
signed by the director or, beginning on July 1, 1997, the 23,851
superintendent of liquor control to which is affixed the official 23,853
seal of the department or division stating that it appears from
the records of the department or division that no permit has been 23,854
issued to the person specified in the certificate, or that a 23,855
permit, if issued, has been revoked, canceled, or suspended shall 23,857
be received as prima-facie evidence of the facts recited in the 23,858
certificate in any court, or before any officer of this state; 23,860
(3) Put into operation, manage, and control a system of 23,862
state liquor stores for the sale of spirituous liquor at retail 23,863
and to holders of permits authorizing the sale of spirituous 23,864
556
liquor; however, the department or division shall not establish 23,865
any drive-in state liquor stores; and by means of those types of 23,866
stores, and any manufacturing plants, distributing and bottling 23,867
plants, warehouses, and other facilities that it considers 23,868
expedient, establish and maintain a state monopoly of the 23,869
distribution of spirituous liquor and its sale in packages or 23,870
containers; and for that purpose manufacture, buy, import, 23,871
possess, and sell spirituous liquors as provided in this chapter 23,872
and Chapter 4303. of the Revised Code, and in the rules 23,873
promulgated by the director or superintendent of liquor control 23,874
pursuant to those chapters; lease, or in any manner acquire the 23,875
use of any land or building required for any of those purposes; 23,876
purchase any equipment that is required; and borrow money to 23,877
carry on its business, and issue, sign, endorse, and accept 23,878
notes, checks, and bills of exchange; but all obligations of the 23,879
department or division created under authority of this division
shall be a charge only upon the moneys received by the department 23,880
or division from the sale of spirituous liquor and its other 23,881
business transactions in connection with the sale of spirituous 23,882
liquor, and shall not be general obligations of the state; 23,884
(4) Enforce the administrative provisions of this chapter 23,886
and Chapter 4303. of the Revised Code, and the rules and orders 23,889
of the liquor control commission and the director or 23,890
superintendent relating to the manufacture, importation, 23,892
transportation, distribution, and sale of beer and intoxicating 23,893
liquors; and the attorney general, any prosecuting attorney, and 23,894
any prosecuting officer of a municipal corporation or a municipal 23,895
court shall, at the request of the department or division of
liquor control or the department of public safety, prosecute any 23,897
person charged with the violation of any provision in those 23,898
chapters or of any section of the Revised Code relating to the 23,899
manufacture, importation, transportation, distribution, and sale 23,900
of beer and intoxicating liquor; 23,901
(5) Determine the locations of all state liquor stores and 23,903
557
manufacturing, distributing, and bottling plants required in 23,904
connection therewith, subject to this chapter and Chapter 4303. 23,905
of the Revised Code; 23,906
(6) Conduct inspections of liquor permit premises to 23,908
determine compliance with the administrative provisions of this 23,910
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 23,911
Except as otherwise provided in division (A)(6) of this 23,913
section, those inspections may be conducted only during those 23,914
hours in which the permit holder is open for business and only by 23,915
authorized agents or employees of the department or division or 23,916
by any peace officer, as this term is defined in section 2935.01 23,917
of the Revised Code. Inspections may be conducted at other hours 23,918
only to determine compliance with laws or commission rules that 23,919
regulate the hours of sale of beer and intoxicating liquor and 23,920
only if the investigator has reasonable cause to believe that 23,921
those laws or rules are being violated. Any inspection conducted 23,922
pursuant to division (A)(6) of this section is subject to all of 23,923
the following requirements: 23,924
(a) The only property that may be confiscated is 23,926
contraband, as defined in section 2901.01 of the Revised Code, or 23,928
property that is otherwise necessary for evidentiary purposes. 23,929
(b) A complete inventory of all property confiscated from 23,931
the premises shall be given to the permit holder or the permit 23,932
holder's agent or employee by the confiscating agent or officer 23,934
at the conclusion of the inspection. At that time, the inventory 23,935
shall be signed by the confiscating agent or officer and the 23,936
agent or officer shall give the permit holder or the permit 23,937
holder's agent or employee the opportunity to sign the inventory. 23,938
(c) Inspections conducted pursuant to division (A)(6) of 23,940
this section shall be conducted in a reasonable manner. A 23,941
finding by any court of competent jurisdiction that the 23,942
inspection was not conducted in a reasonable manner in accordance 23,943
with this section or any rules promulgated by the commission may 23,944
558
be considered grounds for suppression of evidence. A finding by 23,945
the liquor control commission that the inspection was not 23,946
conducted in a reasonable manner in accordance with this section 23,947
or any rules promulgated by the commission may be considered 23,948
grounds for dismissal of the commission case. 23,949
If any court of competent jurisdiction finds that property 23,951
confiscated as the result of an administrative inspection is not 23,952
necessary for evidentiary purposes and is not contraband, as 23,953
defined in section 2901.01 of the Revised Code, the court shall 23,955
order the immediate return of the confiscated property, provided 23,956
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 23,957
property is not grounds for dismissal of the case. The 23,958
commission likewise may order the return of confiscated property 23,959
if no criminal prosecution is pending or anticipated. 23,960
(7) Delegate to any of its agents or employees any power 23,962
of investigation that the department or division possesses with 23,963
respect to the enforcement of any of the administrative laws 23,964
relating to beer and to intoxicating liquor, provided that this 23,965
division does not authorize the department or division to 23,966
designate any agent or employee to serve as a liquor control 23,967
investigator. The employment and designation of liquor control
investigators shall be within the exclusive authority of the 23,968
director of public safety pursuant to sections 5502.13 and 23,969
5502.61 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of 23,971
this section, collect the following fees: 23,972
(a) An annual twenty-five-dollar registration fee for each 23,974
representative, registered pursuant to section 4303.25 of the 23,975
Revised Code, of a beer or intoxicating liquor manufacturer doing 23,976
business in this state; 23,977
(b) A fifty-dollar product registration fee for each new 23,979
beer or intoxicating liquor product sold in this state. The 23,980
product registration fee shall be accompanied by a copy of the 23,981
559
federal label and product approval for the new product. 23,982
(c) An annual three-hundred-dollar out-of-state supplier 23,984
consent-to-import fee from each manufacturer or supplier not 23,985
subject to division (A)(8)(e) of this section, in addition to an 23,987
initial application fee of one hundred dollars; 23,988
(d) An annual twenty-five-dollar registration fee for coil 23,990
cleaners of beer dispensing equipment doing business in this 23,991
state. 23,992
(e) An annual one-hundred-dollar out-of-state 23,994
consent-to-import fee, in addition to an initial application fee 23,995
of one hundred dollars, from any manufacturer or out-of-state 23,996
supplier that produced or shipped into this state in the 23,997
immediately preceding calendar year a total of five hundred or 23,998
fewer cases of seven-hundred-fifty milliliter equivalent of 23,999
intoxicating liquor and twelve-ounce equivalent of beer. 24,000
Each consent-to-import, representative's registration, and 24,002
coil cleaner registration issued under division (A)(8) of this 24,004
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 24,005
the year, ending on the uniform expiration date for each, which 24,006
shall be designated by the department or division, and is subject 24,007
to suspension, revocation, cancellation, or fine as authorized by 24,008
this chapter and Chapter 4303. of the Revised Code. 24,009
(9) Establish a system of electronic data interchange 24,011
within the department or division and regulate the electronic 24,012
transfer of information and funds among persons and governmental 24,014
entities engaged in the manufacture, distribution, and retail 24,015
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 24,017
implication conferred upon the department or division by this 24,018
chapter and Chapter 4303. of the Revised Code, and all powers 24,019
necessary for the exercise or discharge of any power, duty, or 24,020
function expressly conferred or imposed upon the department or 24,021
division by those chapters. 24,022
560
(B) The department or division may: 24,024
(1) Sue, but may be sued only in connection with the 24,026
execution of leases of real estate and the purchases and 24,027
contracts necessary for the operation of the state liquor stores 24,028
that are made under this chapter and Chapter 4303. of the Revised 24,029
Code; 24,030
(2) Enter into leases and contracts of all descriptions 24,032
and acquire and transfer title to personal property with regard 24,034
to the sale, distribution, and storage of spirituous liquor 24,035
within the state;
(3) Terminate at will any lease entered into pursuant to 24,037
division (B)(2) of this section upon first giving ninety days' 24,039
notice in writing to the lessor of its intention to do so; 24,040
(4) Fix the wholesale and retail prices at which the 24,042
various classes, varieties, and brands of spirituous liquor shall 24,043
be sold by the department. Those retail prices shall be the same 24,044
at all state liquor stores, except to the extent that a price 24,045
differential is required to collect a county sales tax levied 24,046
pursuant to section 5739.021 of the Revised Code and for which 24,047
tax the tax commissioner has authorized prepayment pursuant to 24,048
section 5739.05 of the Revised Code. In fixing selling prices, 24,049
the department or division shall compute an anticipated gross 24,050
profit at least sufficient to provide in each calendar year all 24,051
costs and expenses of the department or division and also an 24,052
adequate working capital reserve for the department or division. 24,053
The gross profit shall not exceed forty per cent of the retail 24,055
selling price based on costs of the department or division, and
in addition the sum required by section 4301.12 of the Revised 24,056
Code to be paid into the state treasury. An amount equal to one 24,057
and one-half per cent of that gross profit shall be paid into the 24,058
alcoholism-detoxification centers STATEWIDE TREATMENT AND 24,059
PREVENTION fund created under BY section 4301.30 of the Revised 24,061
Code and be appropriated by the general assembly from the fund to 24,062
the department of alcohol and drug addiction services as provided 24,063
561
in section 4301.30 of the Revised Code. 24,064
On spirituous liquor manufactured in Ohio from the juice of 24,066
grapes or fruits grown in Ohio, the department or division shall 24,067
compute an anticipated gross profit of not to exceed ten per 24,068
cent. The wholesale prices shall be at a discount of not less 24,069
than twelve and one-half per cent of the retail selling prices as 24,070
determined by the department or division in accordance with this 24,071
section.
(C) The department or division may approve the expansion 24,073
or diminution of a premises to which a liquor permit has been 24,075
issued and may adopt standards governing such an expansion or 24,076
diminution.
Sec. 4301.30. All fees collected by the division of liquor 24,086
control shall be deposited in the state treasury to the credit of 24,087
the undivided liquor permit fund, which is hereby created, at the 24,088
time prescribed under section 4301.12 of the Revised Code. Each 24,089
payment shall be accompanied by a statement showing separately 24,090
the amount collected for each class of permits in each municipal 24,091
corporation and in each township outside the limits of any 24,092
municipal corporation in such township. An amount equal to fifty 24,093
dollars for each fee received for a D-2 permit, which is not 24,094
placed in operation immediately upon a D-3 permit premises, and 24,095
twenty-five dollars for each fee received for a C-2 permit, shall 24,096
be paid from the undivided liquor permit fund into the general 24,097
revenue fund.
Prior to the fees received for a D-2 permit, which is not 24,099
in operation immediately upon a D-3 permit premises, and a C-2 24,100
permit being paid into the general revenue fund, an amount equal 24,101
to twenty-one per cent of the undivided liquor permit fund shall 24,102
be paid into the alcoholism-detoxification centers STATEWIDE 24,103
TREATMENT AND PREVENTION fund, which is hereby created in the 24,105
state treasury. Such THIS amount shall be appropriated by the 24,106
general assembly, together with an amount equal to one and 24,107
one-half per cent of the gross profit of the department of liquor 24,108
562
control derived under division (B)(4) of section 4301.10 of the 24,109
Revised Code, to the department of alcohol and drug addiction 24,110
services. In planning for the allocation of and in allocating 24,111
these amounts for the purposes of Chapter 3793. of the Revised 24,112
Code, the department of alcohol and drug addiction services shall 24,113
comply with the nondiscrimination provisions of Title VI of the 24,114
Civil Rights Act of 1964, and any rules adopted thereunder. 24,115
The moneys remaining in the undivided liquor permit fund 24,117
shall be distributed by the superintendent of liquor control at 24,119
quarterly calendar periods as follows: 24,120
(A) To each municipal corporation, the aggregate amount 24,122
shown by the statements to have been collected from permits 24,123
therein, for the use of the general fund of the municipal 24,124
corporation; 24,125
(B) To each township, the aggregate amount shown by the 24,127
statements to have been collected from permits in its territory, 24,128
outside the limits of any municipal corporation located therein, 24,129
for the use of the general fund of the township, or for fire 24,130
protection purposes, including buildings and equipment in the 24,131
township or in an established fire district within the township, 24,132
to the extent that the funds are derived from liquor permits 24,133
within the territory comprising such fire district. 24,134
For the purpose of the distribution required by this 24,136
section, E, H, and D permits covering boats or vessels are deemed 24,137
to have been issued in the municipal corporation or township 24,138
wherein the owner or operator of the vehicle, boat, vessel, or 24,139
dining car equipment to which the permit relates has the owner's 24,140
or operator's principal office or place of business within the 24,142
state.
Such distributions are subject to diminutions for refunds 24,144
as prescribed in section 4301.41 of the Revised Code. If the 24,145
liquor control commission is of the opinion that the police or 24,146
other officers of any municipal corporation or township entitled 24,147
to share in such distribution are refusing or culpably neglecting 24,148
563
to enforce this chapter and Chapter 4303. of the Revised Code, or 24,149
the penal laws of this state relating to the manufacture, 24,150
importation, transportation, distribution, and sale of beer and 24,151
intoxicating liquors, or if the prosecuting officer of a 24,152
municipal corporation or the municipal court thereof fails to 24,153
comply with the request of the commission authorized by division 24,154
(A)(4) of section 4301.10 of the Revised Code, the commission 24,155
may, by certified mail, MAY notify the chief executive officer of 24,157
the municipal corporation or the board of township trustees of 24,158
the township of such failure and require the immediate 24,159
cooperation of the responsible officers of the municipal 24,160
corporation or township with the division of liquor control in 24,161
the enforcement of such chapters and such penal laws. Within 24,163
thirty days after the notice is served, the commission shall 24,164
determine whether or not the requirement has been complied with. 24,165
If the commission determines that the requirement has not been 24,166
complied with, it may issue an order to the superintendent to 24,168
withhold the distributive share of the municipal corporation or 24,169
township until further order of the commission. This action of 24,170
the commission is reviewable within thirty days thereafter in the 24,171
court of common pleas of Franklin county. 24,172
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 24,181
4301.50 of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 24,184
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 24,186
distribution, and, except with respect to A-4 permit holders, 24,187
offer for sale. 24,188
(B) For the purposes of providing revenues for the support 24,191
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, 24,192
except for known sacramental purposes, at the rate of thirty 24,193
cents per wine gallon for wine containing not less than four per 24,194
cent of alcohol by volume and not more than fourteen per cent of 24,195
564
alcohol by volume, ninety-eight cents per wine gallon for wine 24,196
containing more than fourteen per cent but not more than 24,197
twenty-one per cent of alcohol by volume, one dollar and eight 24,198
cents per wine gallon for vermouth, and one dollar and 24,199
forty-eight cents per wine gallon for sparkling and carbonated 24,200
wine and champagne, the tax to be paid by the holders of A-2 and 24,201
B-5 permits or by any other person selling or distributing wine 24,202
upon which no tax has been paid. From the tax paid under this 24,204
section on wine, vermouth, and sparkling and carbonated wine and 24,205
champagne, the treasurer of state shall credit to the Ohio grape 24,206
industries fund created under section 924.54 of the Revised Code 24,207
a sum equal to one cent per gallon for each gallon upon which the 24,208
tax is paid.
(C) For the purpose of providing revenues for the support 24,210
of the state, there is hereby levied a tax on prepared and 24,211
bottled highballs, cocktails, cordials, and other mixed beverages 24,212
at the rate of one dollar and twenty cents per wine gallon to be 24,213
paid by holders of A-4 permits or by any other person selling or 24,214
distributing those products upon which no tax has been paid. 24,215
Only one sale of the same article shall be used in computing the 24,216
amount of tax due. The tax on mixed beverages to be paid by 24,217
holders of A-4 permits under this section shall not attach until 24,218
the ownership of the mixed beverage is transferred for valuable 24,219
consideration to a wholesaler or retailer, and no payment of the 24,220
tax shall be required prior to that time. 24,221
(D) During the period from June 30, 1995, until July 1, 24,224
1999 2001, from the tax paid under this section on wine, 24,225
vermouth, and sparkling and carbonated wine and champagne, the
treasurer of state shall credit to the Ohio grape industries fund 24,227
created under section 924.54 of the Revised Code a sum equal to 24,228
two cents per gallon upon which the tax is paid. The amount 24,229
credited under this division is in addition to the amount 24,230
credited to the Ohio grape industries fund under division (B) of
this section. 24,231
565
(E) For the purpose of providing revenues for the support 24,233
of the state, there is hereby levied a tax on cider at the rate 24,235
of twenty-four cents per wine gallon to be paid by the holders of 24,236
A-2 and B-5 permits or by any other person selling or 24,237
distributing cider upon which no tax has been paid. Only one 24,238
sale of the same article shall be used in computing the amount of 24,239
the tax due.
Sec. 4301.62. (A) As used in this section: 24,248
(1) "Chauffeured limousine" means a vehicle registered 24,251
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 24,253
meanings as in section 4511.01 of the Revised Code. 24,254
(B) No person shall have in the person's possession an 24,256
opened container of beer or intoxicating liquor in any of the 24,257
following circumstances: 24,258
(1) In a state liquor store; 24,260
(2) Except as provided in division (C) of this section, on 24,263
the premises of the holder of any permit issued by the division 24,264
of liquor control;
(3) In any other public place; 24,266
(4) Except as provided in division (D) of this section, 24,268
while operating or being a passenger in or on a motor vehicle on 24,270
any street, highway, or other public or private property open to 24,271
the public for purposes of vehicular travel or parking; 24,272
(5) Except as provided in division (D) of this section, 24,274
while being in or on a stationary motor vehicle on any street, 24,275
highway, or other public or private property open to the public 24,276
for purposes of vehicular travel or parking.
(C) A person may have in the person's possession an opened 24,279
container of beer or intoxicating liquor that has been lawfully 24,280
purchased for consumption on the premises where bought of a 24,281
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, 24,282
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-7, 24,283
E, F, or F-2 permit, or beer or intoxicating liquor consumed on 24,285
566
the premises of a convention facility as provided in section 24,286
4303.201 of the Revised Code.
A person may have in the person's possession on an F liquor 24,289
permit premises an opened container of beer or intoxicating 24,290
liquor that was not purchased from the holder of the F permit if 24,292
the premises for which the F permit is issued is a music festival 24,294
and the holder of the F permit grants permission for such 24,296
possession on the premises during the period for which the F 24,297
permit is issued. As used in this division, "music festival" 24,298
means a series of outdoor live musical performances, extending 24,299
for a period of at least three consecutive days and located on an 24,300
area of land of at least forty acres. 24,301
(D) This section does not apply to a person who pays all 24,303
or a portion of the fee imposed for the use of a chauffeured 24,305
limousine pursuant to a prearranged contract, or the guest of
such a THE person, when all of the following apply: 24,307
(1) The person or guest is a passenger in the limousine;. 24,309
(2) The person or guest is located in the limousine, but is 24,311
not occupying a seat in the front compartment of the limousine 24,312
where the operator of the limousine is located;. 24,313
(3) The limousine is located on any street, highway, or 24,315
other public or private property open to the public for purposes 24,316
of vehicular travel or parking. 24,317
Sec. 4303.06. Permit B-1 may be issued to a wholesale 24,326
distributor of beer to purchase from the holders of A-1 permits 24,327
and to import and distribute or sell beer, ale, lager, stout, and 24,328
other malt liquors containing not more than six per cent of 24,329
alcohol by weight for home use TO QUALIFIED PERSONS and to retail 24,330
permit holders under such rules as are adopted by the division of 24,331
liquor control. The fee for this permit is two thousand five 24,333
hundred dollars for each distributing plant or warehouse during 24,334
the year covered by the permit. AS USED IN THIS SECTION, 24,335
"QUALIFIED PERSONS" MEANS PERSONS WHO ARE AT LEAST TWENTY-ONE
YEARS OF AGE AND WHO ARE NOT INTOXICATED. 24,336
567
Sec. 4303.07. Permit B-2 may be issued to a wholesale 24,345
distributor of wine to purchase from holders of A-2 and B-5 24,346
permits and distribute or sell such product, in the original 24,347
container in which it was placed by the B-5 permit holder or 24,348
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, 24,349
D-5h, D-5i, D-5j, and E permit holders, and for home use. The 24,352
fee for this permit is two hundred fifty dollars for each 24,353
distributing plant or warehouse. The initial fee shall be 24,354
increased ten cents per wine barrel of fifty gallons for all wine
distributed and sold in this state in excess of twelve hundred 24,355
fifty such barrels during the year covered by the permit. 24,356
Sec. 4303.10. Permit B-5 may be issued to a wholesale 24,366
distributor of wine to purchase wine from the holders of A-2 24,367
permits, to purchase and import wine in bond or otherwise, in 24,368
bulk or in containers of any size, and to bottle wine for 24,369
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, 24,370
D-5g, D-5h, D-5i, D-5j, and E permits and for home use in sealed 24,372
containers. No wine shall be bottled by a B-5 permit holder in 24,373
containers supplied by any person who intends the wine for home 24,374
use. The fee for this permit is one thousand two hundred fifty
dollars. 24,375
Sec. 4303.181. (A) Permit D-5a may be issued either to 24,386
the owner or operator of a hotel or motel required to be licensed 24,387
under section 3731.03 of the Revised Code containing at least 24,388
fifty rooms for registered transient guests, and which qualifies 24,389
under the other requirements of this section, or to the owner or 24,390
operator of a restaurant specified under this section to sell 24,391
beer and any intoxicating liquor at retail, only by the 24,392
individual drink in glass and from the container, for consumption 24,393
on the premises where sold, and to registered guests in their 24,394
rooms, which may be sold by means of a controlled access alcohol 24,395
and beverage cabinet in accordance with division (B) of section 24,396
568
4301.21 of the Revised Code; and to sell the same products in the 24,397
same manner and amounts not for consumption on the premises as 24,398
may be sold by holders of D-1 and D-2 permits. The premises of 24,399
the hotel or motel shall include a restaurant licensed pursuant 24,400
to section 3732.03 of the Revised Code affiliated with the hotel 24,401
or motel and within or contiguous to the hotel or motel, serving 24,402
food within the hotel or motel, but the principal business of the 24,403
owner or operator of the hotel or motel shall be the 24,404
accommodation of transient guests. In addition to the privileges 24,405
authorized herein IN THIS DIVISION, the holder of a D-5a permit 24,407
may exercise the same privileges as the holder of a D-5 permit. 24,408
The owner or operator of a hotel, motel, or restaurant who 24,410
qualified for and held a D-5a permit on August 4, 1976, may, if 24,412
the owner or operator held another permit before holding a D-5a 24,413
permit, either retain a D-5a permit or apply for the permit 24,414
formerly held, and the division of liquor control shall issue the 24,415
permit for which the owner or operator applies and formerly held, 24,416
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 24,419
No quota restriction shall be placed on the number of such 24,420
permits which may be issued.
The fee for this permit is one thousand eight hundred 24,423
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 24,426
tenant, lessee, or occupant of an enclosed shopping center to 24,427
sell beer and intoxicating liquor at retail, only by the 24,428
individual drink in glass and from the container, for consumption 24,429
on the premises where sold; and to sell the same products in the 24,430
same manner and amount not for consumption on the premises as may 24,431
be sold by holders of D-1 and D-2 permits. In addition to the 24,432
privileges authorized in this section DIVISION, the holder of a 24,434
D-5b permit may exercise the same privileges as a holder of a D-5 24,435
permit.
A D-5b permit shall not be transferred to another location. 24,438
569
One D-5b permit may be issued at an enclosed shopping 24,441
center containing at least two hundred twenty-five thousand, but 24,442
less than four hundred thousand, square feet of floor area. 24,443
Two D-5b permits may be issued at an enclosed shopping 24,446
center containing at least four hundred thousand square feet of 24,447
floor area. No more than one D-5b permit may be issued at an 24,448
enclosed shopping center for each additional two hundred thousand 24,449
square feet of floor area or fraction thereof, up to a maximum of 24,450
five D-5b permits for each enclosed shopping center. The number 24,451
of D-5b permits that may be issued at an enclosed shopping center 24,452
shall be determined by subtracting the number of D-3 and D-5 24,453
permits issued in the enclosed shopping center from the number of 24,454
D-5b permits that otherwise may be issued at the enclosed 24,455
shopping center under the formulas provided in this division. 24,456
Except as provided in this section, no quota shall be placed on 24,457
the number of D-5b permits that may be issued. Notwithstanding 24,458
any quota provided in this section, the holder of any D-5b permit 24,459
first issued in accordance with this section is entitled to its 24,460
renewal in accordance with section 4303.271 of the Revised Code. 24,461
The holder of a D-5b permit issued before April 4, 1984, 24,464
whose tenancy is terminated for a cause other than nonpayment of 24,465
rent, may return the D-5b permit to the division of liquor 24,467
control, and the division shall cancel that permit. Upon 24,469
cancellation of that permit and upon the permit holder's payment 24,470
of taxes, contributions, premiums, assessments, and other debts 24,471
owing or accrued upon the date of cancellation to this state and 24,472
its political subdivisions and a filing with the division of a 24,473
certification thereof, the division shall issue to that person 24,475
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 24,477
person requests. The division shall issue the D-5 permit, or the 24,479
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 24,480
or D-5 permits currently issued in the municipal corporation or 24,481
in the unincorporated area of the township where that person's 24,482
proposed premises is located equals or exceeds the maximum number 24,483
570
of such permits that can be issued in that municipal corporation 24,484
or in the unincorporated area of that township under the 24,485
population quota restrictions contained in section 4303.29 of the 24,486
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 24,487
shall not be transferred to another location. If a D-5b permit 24,488
is canceled under the provisions of this paragraph, the number of 24,489
D-5b permits that may be issued at the enclosed shopping center 24,490
for which the D-5b permit was issued, under the formula provided 24,491
in this division, shall be reduced by one if the enclosed 24,492
shopping center was entitled to more than one D-5b permit under 24,493
the formula. 24,494
The fee for this permit is one thousand eight hundred 24,497
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 24,500
operator of a restaurant licensed pursuant to section 3732.03 of 24,501
the Revised Code, and which qualifies under the other 24,502
requirements of this section to sell beer and any intoxicating 24,503
liquor at retail, only by the individual drink in glass and from 24,504
the container, for consumption on the premises where sold, and to 24,505
sell the same products in the same manner and amounts not for 24,506
consumption on the premises as may be sold by holders of D-1 and 24,507
D-2 permits. In addition to the privileges authorized herein IN 24,508
THIS DIVISION, the holder of a D-5c permit may exercise the same 24,510
privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 24,513
restaurant licensed pursuant to section 3732.03 of the Revised 24,514
Code shall have operated the restaurant at the proposed premises 24,516
for not less than twenty-four consecutive months immediately 24,517
preceding the filing of an application therefor FOR THE PERMIT, 24,518
have applied for a D-5 permit no later than December 31, 1988, 24,520
and appear on the division's quota waiting list for not less than 24,522
six months immediately preceding the filing of an application 24,523
therefor FOR THE PERMIT. In addition to these requirements, the 24,525
proposed D-5c permit premises shall be located within a municipal 24,526
571
corporation and further within an election precinct which, at the 24,528
time of the applications, has no more than twenty-five per cent 24,529
of its total land area zoned for residential use. 24,530
A D-5c permit shall not be transferred to another location. 24,533
No quota restriction shall be placed on the number of such 24,534
permits which may be issued.
Any person who has held a D-5c permit for at least two 24,537
years may apply for a D-5 permit, and the division of liquor 24,538
control shall issue the D-5 permit notwithstanding the quota 24,539
restrictions contained in section 4303.29 of the Revised Code or 24,540
in any rule of the liquor control commission. 24,541
The fee for this permit is one thousand two hundred fifty 24,544
dollars.
(D) Permit D-5d may be issued to either the owner or 24,547
operator of a restaurant that is licensed pursuant to section 24,548
3732.03 of the Revised Code and located at an airport operated by 24,549
a board of county commissioners pursuant to section 307.20 of the 24,550
Revised Code or at an airport operated by a regional airport 24,551
authority pursuant to Chapter 308. of the Revised Code. Not more 24,552
than one D-5d permit shall be issued in each county. The holder 24,553
of a D-5d permit may sell beer and any intoxicating liquor at 24,554
retail, only by the individual drink in glass and from the 24,555
container, for consumption on the premises where sold, and may 24,556
sell the same products in the same manner and amounts not for 24,557
consumption on the premises where sold as may be sold by the 24,558
holders of D-1 and D-2 permits. In addition to the privileges 24,559
authorized in this division, the holder of a D-5d permit may 24,560
exercise the same privileges as the holder of a D-5 permit. 24,561
A D-5d permit shall not be transferred to another location. 24,564
Except as otherwise provided in this division, no quota 24,565
restrictions shall be placed on the number of such permits which 24,566
may be issued.
The fee for this permit is one thousand eight hundred 24,569
seventy-five dollars.
572
(E) Permit D-5e may be issued to any nonprofit 24,572
organization that is exempt from federal income taxation under 24,573
"The THE Internal Revenue Code of 1986," 100 Stat. 2085, 26 24,575
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 24,576
or operates a riverboat which meets all of the following: 24,577
(1) Is permanently docked at one location; 24,580
(2) Is designated as an historical riverboat by the Ohio 24,583
historical society;
(3) Contains not less than fifteen hundred square feet of 24,586
floor area;
(4) Has a seating capacity of fifty or more persons. 24,589
The holder of a D-5e permit may sell beer and intoxicating 24,592
liquor at retail, only by the individual drink in glass and from 24,593
the container, for consumption on the premises where sold. 24,594
A D-5e permit shall not be transferred to another location. 24,597
No quota restriction shall be placed on the number of such 24,598
permits which may be issued. The population quota restrictions 24,599
contained in section 4303.29 of the Revised Code or in any rule 24,600
of the liquor control commission shall not apply to this 24,601
division, and the division shall issue a D-5e permit to any 24,603
applicant who meets the requirements of this division. However, 24,604
the division shall not issue a D-5e permit if the permit premises 24,606
or proposed permit premises are located within an area in which 24,607
the sale of spirituous liquor by the glass is prohibited. 24,608
The fee for this permit is nine hundred seventy-five 24,611
dollars.
(F) Permit D-5f may be issued to either the owner or the 24,614
operator of a food service operation licensed under section 24,615
3732.03 of the Revised Code that meets all of the following: 24,616
(1) Contains not less than twenty-five hundred square feet 24,619
of floor area;
(2) Is located on or in, or immediately adjacent to, the 24,622
shoreline of, a navigable river;
573
(3) Provides docking space for twenty-five boats; 24,625
(4) Provides entertainment and recreation, provided that 24,628
not less than fifty per cent of the business on the permit 24,629
premises shall be preparing and serving meals for a 24,630
consideration.
In addition, each application for a D-5f permit shall be 24,633
accompanied by a certification from the local legislative 24,634
authority that the issuance of the D-5f permit is not 24,635
inconsistent with that political subdivision's comprehensive 24,636
development plan or other economic development goal as officially 24,637
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 24,640
liquor at retail, only by the individual drink in glass and from 24,641
the container, for consumption on the premises where sold. 24,642
A D-5f permit shall not be transferred to another location. 24,645
No more than fifteen D-5f permits shall be issued by the division 24,646
of liquor control, and no more than two such permits shall be 24,648
issued in any county. However, the division shall not issue a 24,649
D-5f permit if the permit premises or proposed permit premises 24,651
are located within an area in which the sale of spirituous liquor 24,652
by the glass is prohibited. 24,653
A fee for this permit is one thousand eight hundred 24,656
seventy-five dollars.
As used in this division, "navigable river" means a river 24,659
which is also a "navigable water" as that term is defined in the 24,660
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 24,661
(G) Permit D-5g may be issued to a nonprofit corporation 24,664
that is either the owner or the operator of a national 24,665
professional sports museum. The holder of a D-5g permit may sell 24,666
beer and any intoxicating liquor at retail, only by the 24,667
individual drink in glass and from the container, for consumption 24,668
on the premises where sold. The holder of a D-5g permit shall 24,669
sell no beer or intoxicating liquor for consumption on the 24,670
premises where sold after one a.m. A D-5g permit shall not be 24,671
574
transferred to another location. No quota restrictions shall be 24,672
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 24,673
(H) Permit D-5h may be issued to any nonprofit 24,675
organization that is exempt from federal income taxation under 24,676
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 24,677
501(c)(3), as amended, that owns or operates a fine arts museum 24,678
and has no less than five thousand bona fide members possessing 24,679
full membership privileges. The holder of a D-5h permit may sell 24,680
beer and any intoxicating liquor at retail, only by the 24,681
individual drink in glass and from the container, for consumption 24,682
on the premises where sold. The holder of a D-5h permit shall 24,683
sell no beer or intoxicating liquor for consumption on the 24,684
premises where sold after one a.m. A D-5h permit shall not be 24,685
transferred to another location. No quota restrictions shall be 24,686
placed on the number of D-5h permits that may be issued. The fee 24,687
for this permit is one thousand five hundred dollars. 24,688
(I) Permit D-5i may be issued to either the owner or the 24,690
operator of a food service operation licensed under section 24,691
3732.03 of the Revised Code that meets all of the following 24,692
requirements: 24,693
(1) It is located in a municipal corporation or a township 24,695
with a population of fifty thousand or less;. 24,696
(2) It has inside seating capacity for at least one 24,698
hundred forty persons;. 24,699
(3) It has at least five thousand square feet of floor 24,701
area;. 24,702
(4) It offers full-course meals, appetizers, and 24,704
sandwiches;. 24,705
(5) Its receipts from beer and liquor sales do not exceed 24,707
twenty-five per cent of its total gross receipts;. 24,708
(6) The value of its real and personal property exceeds 24,710
nine hundred twenty-five thousand dollars. 24,712
The holder of a D-5i permit shall cause an independent 24,714
575
audit to be performed at the end of one full year of operation 24,715
following issuance of the permit, in order to verify the 24,716
requirements of division (I)(5) of this section. The results of 24,717
the independent audit shall be transmitted to the division. Upon 24,719
determining that the receipts of the holder from beer and liquor 24,720
sales exceeded twenty-five per cent of its total gross receipts, 24,721
the division shall suspend the permit of the permit holder under 24,723
section 4301.25 of the Revised Code and may allow the permit 24,724
holder to elect a forfeiture under section 4301.252 of the 24,725
Revised Code.
The holder of a D-5i permit may sell beer and any 24,727
intoxicating liquor at retail, only by the individual drink in 24,728
glass and from the container, for consumption on the premises 24,729
where sold, and may sell the same products in the same manner and 24,730
amounts not for consumption on the premises where sold as may be 24,731
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 24,732
permit shall sell no beer or intoxicating liquor for consumption 24,733
on the premises where sold after two-thirty a.m. In addition to 24,734
the privileges authorized in THIS division (I) of this section, 24,735
the holder of a D-5i permit may exercise the same privileges as 24,737
the holder of a D-5 permit. 24,738
A D-5i permit shall not be transferred to another location. 24,740
The division of liquor control shall not renew a D-5i permit 24,742
unless the food service operation for which it is issued 24,743
continues to meet the requirements described in divisions (I)(1) 24,744
to (6) of this section. No quota restrictions shall be placed on 24,745
the number of D-5i permits that may be issued. The fee for this 24,746
permit is one thousand eight hundred seventy-five dollars. 24,747
(J)(1) PERMIT D-5j MAY BE ISSUED TO EITHER THE OWNER OR 24,750
THE OPERATOR OF A FOOD SERVICE OPERATION LICENSED UNDER SECTION 24,751
3732.03 OF THE REVISED CODE TO SELL BEER AND INTOXICATING LIQUOR 24,752
AT RETAIL, ONLY BY THE INDIVIDUAL DRINK IN GLASS AND FROM THE 24,753
CONTAINER, FOR CONSUMPTION ON THE PREMISES WHERE SOLD AND TO SELL 24,755
BEER AND INTOXICATING LIQUOR IN THE SAME MANNER AND AMOUNTS NOT
576
FOR CONSUMPTION ON THE PREMISES WHERE SOLD AS MAY BE SOLD BY THE 24,757
HOLDERS OF D-1 AND D-2 PERMITS. THE HOLDER OF A D-5j PERMIT MAY 24,759
EXERCISE THE SAME PRIVILEGES, AND SHALL OBSERVE THE SAME HOURS OF 24,761
OPERATION, AS THE HOLDER OF A D-5 PERMIT. 24,762
(2) THE D-5j PERMIT SHALL BE ISSUED ONLY WITHIN A 24,764
COMMUNITY ENTERTAINMENT DISTRICT THAT IS DESIGNATED UNDER SECTION 24,766
4301.80 OF THE REVISED CODE AND THAT IS LOCATED IN A MUNICIPAL 24,768
CORPORATION WITH A POPULATION OF AT LEAST ONE HUNDRED THOUSAND. 24,769
(3) THE LOCATION OF A D-5j PERMIT MAY BE TRANSFERRED ONLY 24,772
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE COMMUNITY ENTERTAINMENT 24,773
DISTRICT IN WHICH IT WAS ISSUED AND SHALL NOT BE TRANSFERRED 24,774
OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THAT DISTRICT. 24,775
(4) NOT MORE THAN ONE D-5j PERMIT SHALL BE ISSUED WITHIN 24,778
EACH COMMUNITY ENTERTAINMENT DISTRICT FOR EACH FIVE ACRES OF LAND 24,779
LOCATED WITHIN THE DISTRICT. NOT MORE THAN FIFTEEN D-5j PERMITS 24,781
MAY BE ISSUED WITHIN A SINGLE COMMUNITY ENTERTAINMENT DISTRICT. 24,782
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (J)(4) OF THIS SECTION, 24,783
NO QUOTA RESTRICTIONS SHALL BE PLACED UPON THE NUMBER OF D-5j 24,785
PERMITS THAT MAY BE ISSUED.
(5) THE FEE FOR A D-5j PERMIT IS ONE THOUSAND EIGHT 24,788
HUNDRED SEVENTY-FIVE DOLLARS.
Sec. 4303.182. Except as otherwise provided in this 24,799
section, permit D-6 shall be issued to the holder of an A-1-A, 24,800
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 24,801
D-5f, D-5g, D-5h, D-5i, D-5j, or D-7 permit to allow sale under 24,802
such permit between the hours of one p.m. and midnight on Sunday, 24,803
if such sale has been authorized under section 4301.361 of the 24,804
Revised Code and under the restrictions of such authorization. 24,805
Permit D-6 shall be issued to the holder of any permit, including 24,806
a D-4a and D-5d permit, authorizing the sale of intoxicating 24,807
liquor issued for a premises located at any publicly owned 24,808
airport, as defined in section 4563.01 of the Revised Code, at 24,809
which commercial airline companies operate regularly scheduled 24,810
flights on which space is available to the public, to allow sale 24,811
577
under such permit between the hours of one p.m. and midnight on 24,812
Sunday, whether or not such sale has been authorized under 24,813
section 4301.361 of the Revised Code. Permit D-6 shall be issued 24,814
to the holder of a D-5a permit, and to the holder of a D-3 or 24,815
D-3a permit who is the owner or operator of a hotel or motel 24,816
required to be licensed under section 3731.03 of the Revised Code 24,817
containing at least fifty rooms for registered transient guests 24,818
and which has on its premises a restaurant licensed pursuant to 24,819
section 3732.03 of the Revised Code affiliated with the hotel or 24,820
motel and within or contiguous to the hotel or motel and serving 24,821
food within the hotel or motel, to allow sale under such permit 24,822
between the hours of one p.m. and midnight on Sunday, whether or 24,823
not such sale has been authorized under section 4301.361 of the 24,824
Revised Code.
If the restriction to licensed premises where the sale of 24,827
food and other goods and services exceeds fifty per cent of the 24,828
total gross receipts of the permit holder at the premises is 24,829
applicable, the division of liquor control may accept an 24,830
affidavit from the permit holder to show the proportion of the 24,831
permit holder's gross receipts derived from the sale of food and 24,832
other goods and services. If the liquor control commission 24,833
determines such affidavit to have been false, it shall revoke the 24,834
permits of the permit holder at the premises concerned. 24,835
The fee for the D-6 permit is two hundred fifty dollars 24,838
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 24,839
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 24,840
D-5i, D-5j, or D-7 permit. The fee for the D-6 permit is two 24,841
hundred dollars when it is issued to the holder of a C-2 permit. 24,842
Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, 24,853
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 24,854
or D-6 permit shall be exercised at not more than two fixed 24,855
counters, commonly known as bars, in rooms or places on the 24,856
permit premises, where malt beverages, mixed beverages, wine, or 24,857
spirituous liquor is sold to the public for consumption on the 24,858
578
premises. For each additional fixed counter on the permit 24,859
premises where those beverages are sold for consumption on the 24,860
premises, the permit holder shall obtain a duplicate D-2, D-3, 24,861
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, 24,862
D-5j, or D-6 permit.
The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, 24,865
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6 permit shall be 24,867
granted, upon application to the division of liquor control, a 24,868
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, 24,869
D-5g, D-5h, D-5i, D-5j, or D-6 permit for each additional fixed 24,870
counter on the permit premises at which beer, malt beverages, 24,871
mixed beverages, wine, or spirituous liquor is sold for 24,872
consumption on the premises, provided such THE application is 24,874
made in the same manner as an application for an original permit. 24,875
Such THE application shall be identified with DUPLICATE printed 24,877
on the permit application form furnished by the department, in 24,878
boldface type. Such THE application shall identify by name, or 24,880
otherwise amply describe, the room or place on the premises where 24,881
such THE duplicate permit is to be operative. Each duplicate 24,883
permit shall be issued only to the same individual, firm, or 24,884
corporation as that of the original permit and shall be an exact 24,885
duplicate in size and word content as the original permit, except 24,886
that it shall show thereon ON IT the name or other ample 24,887
identification of the room, or place, for which IT IS issued and 24,888
shall have DUPLICATE printed thereon ON IT in boldface type. 24,889
Such a A duplicate permit shall bear the same number as that of 24,891
the original permit. The fee for such A duplicate permit is: 24,892
D-1, one hundred dollars; D-2, one hundred dollars; D-3, four 24,894
hundred dollars; D-3a, four hundred dollars; D-4, two hundred 24,895
dollars; D-5, one thousand dollars; D-5a, one thousand dollars; 24,896
D-5b, one thousand dollars; D-5c, four hundred dollars; D-5e, six 24,897
hundred fifty dollars; D-5f, one thousand dollars; D-6, one 24,898
hundred dollars when issued to the holder of a D-4a permit,; and 24,899
in all other cases one hundred dollars or an amount which is 24,900
579
twenty per cent of the fees payable for the A-1-A, D-2, D-3, 24,901
D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 24,902
and D-6 permits issued to the same premises, whichever is higher. 24,904
Application for a duplicate permit may be filed any time during 24,905
the life of an original permit. The fee for each duplicate D-2, 24,906
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, 24,907
D-5i, D-5j, or D-6 permit shall accompany the application for 24,908
each such duplicate permit. 24,909
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, 24,919
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 24,920
D-5g, D-5h, D-5i, D-5j, or F permits shall purchase any beer or 24,921
malt beverage subject to the tax imposed by sections 4301.42 and 24,923
4305.01 of the Revised Code or any wine or mixed beverage subject 24,924
to the tax imposed by section 4301.43 of the Revised Code for 24,925
resale, except from holders of A or B permits. 24,926
No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 24,928
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, or D-5i, OR D-5j permits 24,930
shall purchase spirituous liquor for resale except from the 24,931
division of liquor control, unless with the special consent of 24,932
the division under such particular regulations and markup 24,933
provisions as prescribed by the superintendent of liquor control. 24,934
Sec. 4399.12. No provision contained in Title XLIII of the 24,944
Revised Code that prohibits the sale of intoxicating liquors in 24,945
any of the circumstances described in section 4399.11 of the 24,946
Revised Code extends to or prevents the holder of an A, B, C-2, 24,947
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, 24,948
D-5h, D-5i, D-5j, G, or I permit issued by the division of liquor 24,950
control from distributing or selling intoxicating liquor at the
place of business described in the permit of the holder. 24,951
Sec. 4511.191. (A) Any person who operates a vehicle upon 24,960
a highway or any public or private property used by the public 24,961
for vehicular travel or parking within this state shall be deemed 24,962
to have given consent to a chemical test or tests of the person's 24,964
blood, breath, or urine for the purpose of determining the 24,965
580
alcohol, drug, or alcohol and drug content of the person's blood, 24,966
breath, or urine if arrested for operating a vehicle while under 24,968
the influence of alcohol, a drug of abuse, or alcohol and a drug 24,969
of abuse or for operating a vehicle with a prohibited 24,970
concentration of alcohol in the blood, breath, or urine. The 24,971
chemical test or tests shall be administered at the request of a 24,972
police officer having reasonable grounds to believe the person to 24,973
have been operating a vehicle upon a highway or any public or 24,974
private property used by the public for vehicular travel or 24,975
parking in this state while under the influence of alcohol, a 24,976
drug of abuse, or alcohol and a drug of abuse or with a 24,977
prohibited concentration of alcohol in the blood, breath, or 24,978
urine. The law enforcement agency by which the officer is 24,979
employed shall designate which of the tests shall be
administered. 24,980
(B) Any person who is dead or unconscious, or who is 24,982
otherwise in a condition rendering the person incapable of 24,983
refusal, shall be deemed not to have withdrawn consent as 24,985
provided by division (A) of this section and the test or tests 24,986
may be administered, subject to sections 313.12 to 313.16 of the 24,987
Revised Code. 24,988
(C)(1) Any person under arrest for operating a vehicle 24,990
while under the influence of alcohol, a drug of abuse, or alcohol 24,991
and a drug of abuse or for operating a vehicle with a prohibited 24,992
concentration of alcohol in the blood, breath, or urine shall be 24,993
advised at a police station, or at a hospital, first-aid station, 24,994
or clinic to which the person has been taken for first-aid or 24,995
medical treatment, of both of the following: 24,996
(a) The consequences, as specified in division (E) of this 24,998
section, of the person's refusal to submit upon request to a 24,999
chemical test designated by the law enforcement agency as 25,001
provided in division (A) of this section; 25,002
(b) The consequences, as specified in division (F) of this 25,004
section, of the person's submission to the designated chemical 25,006
581
test if the person is found to have a prohibited concentration of 25,007
alcohol in the blood, breath, or urine. 25,008
(2)(a) The advice given pursuant to division (C)(1) of 25,010
this section shall be in a written form containing the 25,011
information described in division (C)(2)(b) of this section and 25,012
shall be read to the person. The form shall contain a statement 25,013
that the form was shown to the person under arrest and read to 25,014
the person in the presence of the arresting officer and either 25,016
another police officer, a civilian police employee, or an 25,017
employee of a hospital, first-aid station, or clinic, if any, to 25,018
which the person has been taken for first-aid or medical 25,019
treatment. The witnesses shall certify to this fact by signing 25,020
the form.
(b) The form required by division (C)(2)(a) of this 25,022
section shall read as follows: 25,023
"You now are under arrest for operating a vehicle while 25,025
under the influence of alcohol, a drug of abuse, or both alcohol 25,026
and a drug of abuse and will be requested by a police officer to 25,027
submit to a chemical test to determine the concentration of 25,028
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 25,029
blood, breath, or urine. 25,030
If you refuse to submit to the requested test or if you 25,032
submit to the requested test and are found to have a prohibited 25,033
concentration of alcohol in your blood, breath, or urine, your 25,034
driver's or commercial driver's license or permit or nonresident 25,035
operating privilege immediately will be suspended for the period 25,036
of time specified by law by the officer, on behalf of the 25,037
registrar of motor vehicles. You may appeal this suspension at 25,038
your initial appearance before the court that hears the charges 25,039
against you resulting from the arrest, and your initial 25,040
appearance will be conducted no later than five days after the 25,041
arrest. This suspension is independent of the penalties for the 25,042
offense, and you may be subject to other penalties upon 25,043
conviction." 25,044
582
(D)(1) If a person under arrest as described in division 25,046
(C)(1) of this section is not asked by a police officer to submit 25,047
to a chemical test designated as provided in division (A) of this 25,048
section, the arresting officer shall seize the Ohio or 25,049
out-of-state driver's or commercial driver's license or permit of 25,050
the person and immediately forward the seized license or permit 25,051
to the court in which the arrested person is to appear on the 25,052
charge for which the person was arrested. If the arrested person 25,053
does not have the person's driver's or commercial driver's 25,054
license or permit on the person's self or in the person's 25,055
vehicle, the arresting officer shall order the arrested person to 25,057
surrender it to the law enforcement agency that employs the 25,059
officer within twenty-four hours after the arrest, and, upon the 25,060
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 25,062
person is to appear on the charge for which the person was 25,063
arrested. Upon receipt of the license or permit, the court shall 25,065
retain it pending the initial appearance of the arrested person 25,066
and any action taken under section 4511.196 of the Revised Code. 25,067
If a person under arrest as described in division (C)(1) of 25,069
this section is asked by a police officer to submit to a chemical 25,070
test designated as provided in division (A) of this section and 25,071
is advised of the consequences of the person's refusal or 25,072
submission as provided in division (C) of this section and if the 25,073
person either refuses to submit to the designated chemical test 25,074
or the person submits to the designated chemical test and the 25,075
test results indicate that the person's blood contained a 25,076
concentration of ten-hundredths of one per cent or more by weight 25,077
of alcohol, the person's breath contained a concentration of 25,078
ten-hundredths of one gram or more by weight of alcohol per two 25,079
hundred ten liters of the person's breath, or the person's urine 25,080
contained a concentration of fourteen-hundredths of one gram or 25,082
more by weight of alcohol per one hundred milliliters of the 25,083
person's urine at the time of the alleged offense, the arresting 25,085
583
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 25,087
suspension upon the person that advises the person that, 25,088
independent of any penalties or sanctions imposed upon the person 25,090
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 25,092
license or permit or nonresident operating privilege is 25,093
suspended, that the suspension takes effect immediately, that the 25,094
suspension will last at least until the person's initial 25,095
appearance on the charge that will be held within five days after 25,097
the date of the person's arrest or the issuance of a citation to 25,099
the person, and that the person may appeal the suspension at the 25,101
initial appearance; seize the Ohio or out-of-state driver's or 25,102
commercial driver's license or permit of the person; and 25,103
immediately forward the seized license or permit to the 25,104
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 25,105
self or in the person's vehicle, the arresting officer shall 25,107
order the person to surrender it to the law enforcement agency 25,108
that employs the officer within twenty-four hours after the 25,109
service of the notice of suspension, and, upon the surrender, the 25,110
officer's employing agency immediately shall forward the license 25,111
or permit to the registrar. 25,112
(b) Verify the current residence of the person and, if it 25,114
differs from that on the person's driver's or commercial driver's 25,115
license or permit, notify the registrar of the change; 25,116
(c) In addition to forwarding the arrested person's 25,118
driver's or commercial driver's license or permit to the 25,119
registrar, send to the registrar, within forty-eight hours after 25,120
the arrest of the person, a sworn report that includes all of the 25,121
following statements: 25,122
(i) That the officer had reasonable grounds to believe 25,124
that, at the time of the arrest, the arrested person was 25,125
operating a vehicle upon a highway or public or private property 25,126
584
used by the public for vehicular travel or parking within this 25,127
state while under the influence of alcohol, a drug of abuse, or 25,128
alcohol and a drug of abuse or with a prohibited concentration of 25,129
alcohol in the blood, breath, or urine; 25,130
(ii) That the person was arrested and charged with 25,132
operating a vehicle while under the influence of alcohol, a drug 25,133
of abuse, or alcohol and a drug of abuse or with operating a 25,134
vehicle with a prohibited concentration of alcohol in the blood, 25,135
breath, or urine; 25,136
(iii) That the officer asked the person to take the 25,138
designated chemical test, advised the person of the consequences 25,139
of submitting to the chemical test or refusing to take the 25,140
chemical test, and gave the person the form described in division 25,141
(C)(2) of this section; 25,142
(iv) That the person refused to submit to the chemical 25,144
test or that the person submitted to the chemical test and the 25,145
test results indicate that the person's blood contained a 25,146
concentration of ten-hundredths of one per cent or more by weight 25,148
of alcohol, the person's breath contained a concentration of 25,149
ten-hundredths of one gram or more by weight of alcohol per two 25,150
hundred ten liters of the person's breath, or the person's urine 25,151
contained a concentration of fourteen-hundredths of one gram or 25,153
more by weight of alcohol per one hundred milliliters of the 25,154
person's urine at the time of the alleged offense; 25,156
(v) That the officer served a notice of suspension upon 25,158
the person as described in division (D)(1)(a) of this section. 25,159
(2) The sworn report of an arresting officer completed 25,161
under division (D)(1)(c) of this section shall be given by the 25,162
officer to the arrested person at the time of the arrest or sent 25,163
to the person by regular first class mail by the registrar as 25,164
soon thereafter as possible, but no later than fourteen days 25,165
after receipt of the report. An arresting officer may give an 25,166
unsworn report to the arrested person at the time of the arrest 25,167
provided the report is complete when given to the arrested person 25,168
585
and subsequently is sworn to by the arresting officer. As soon 25,169
as possible, but no later than forty-eight hours after the arrest 25,170
of the person, the arresting officer shall send a copy of the 25,171
sworn report to the court in which the arrested person is to 25,172
appear on the charge for which the person was arrested. 25,173
(3) The sworn report of an arresting officer completed and 25,175
sent to the registrar and the court under divisions (D)(1)(c) and 25,176
(D)(2) of this section is prima-facie proof of the information 25,177
and statements that it contains and shall be admitted and 25,178
considered as prima-facie proof of the information and statements 25,179
that it contains in any appeal under division (H) of this section 25,180
relative to any suspension of a person's driver's or commercial 25,181
driver's license or permit or nonresident operating privilege 25,182
that results from the arrest covered by the report. 25,183
(E)(1) Upon receipt of the sworn report of an arresting 25,185
officer completed and sent to the registrar and a court pursuant 25,186
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 25,187
person who refused to take the designated chemical test, the 25,188
registrar shall enter into the registrar's records the fact that 25,190
the person's driver's or commercial driver's license or permit or 25,191
nonresident operating privilege was suspended by the arresting 25,192
officer under division (D)(1)(a) of this section and the period 25,193
of the suspension, as determined under divisions (E)(1)(a) to (d) 25,194
of this section. The suspension shall be subject to appeal as 25,195
provided in this section and shall be for whichever of the 25,196
following periods applies: 25,197
(a) If the arrested person, within five years of the date 25,199
on which the person refused the request to consent to the 25,200
chemical test, had not refused a previous request to consent to a 25,202
chemical test of the person's blood, breath, or urine to 25,203
determine its alcohol content, the period of suspension shall be 25,205
one year. If the person is a resident without a license or 25,206
permit to operate a vehicle within this state, the registrar 25,207
shall deny to the person the issuance of a driver's or commercial 25,208
586
driver's license or permit for a period of one year after the 25,209
date of the alleged violation.
(b) If the arrested person, within five years of the date 25,211
on which the person refused the request to consent to the 25,212
chemical test, had refused one previous request to consent to a 25,214
chemical test of the person's blood, breath, or urine to 25,215
determine its alcohol content, the period of suspension or denial 25,217
shall be two years.
(c) If the arrested person, within five years of the date 25,219
on which the person refused the request to consent to the 25,220
chemical test, had refused two previous requests to consent to a 25,222
chemical test of the person's blood, breath, or urine to 25,223
determine its alcohol content, the period of suspension or denial 25,225
shall be three years.
(d) If the arrested person, within five years of the date 25,227
on which the person refused the request to consent to the 25,228
chemical test, had refused three or more previous requests to 25,230
consent to a chemical test of the person's blood, breath, or 25,231
urine to determine its alcohol content, the period of suspension 25,233
or denial shall be five years. 25,234
(2) The suspension or denial imposed under division (E)(1) 25,236
of this section shall continue for the entire one-year, two-year, 25,237
three-year, or five-year period, subject to appeal as provided in 25,238
this section and subject to termination as provided in division 25,239
(K) of this section. 25,240
(F) Upon receipt of the sworn report of an arresting 25,242
officer completed and sent to the registrar and a court pursuant 25,243
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 25,244
person whose test results indicate that the person's blood 25,245
contained a concentration of ten-hundredths of one per cent or 25,247
more by weight of alcohol, the person's breath contained a 25,248
concentration of ten-hundredths of one gram or more by weight of 25,249
alcohol per two hundred ten liters of the person's breath, or the 25,251
person's urine contained a concentration of fourteen-hundredths 25,252
587
of one gram or more by weight of alcohol per one hundred 25,253
milliliters of the person's urine at the time of the alleged 25,254
offense, the registrar shall enter into the registrar's records 25,255
the fact that the person's driver's or commercial driver's 25,257
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 25,258
this section and the period of the suspension, as determined 25,259
under divisions (F)(1) to (4) of this section. The suspension 25,260
shall be subject to appeal as provided in this section and shall 25,261
be for whichever of the following periods that applies: 25,262
(1) Except when division (F)(2), (3), or (4) of this 25,264
section applies and specifies a different period of suspension or 25,265
denial, the period of the suspension or denial shall be ninety 25,266
days.
(2) If the person has been convicted, within six years of 25,268
the date the test was conducted, of one violation of division (A) 25,271
or (B) of section 4511.19 of the Revised Code, a municipal 25,272
ordinance relating to operating a vehicle while under the 25,273
influence of alcohol, a drug of abuse, or alcohol and a drug of 25,274
abuse, a municipal ordinance relating to operating a vehicle with 25,275
a prohibited concentration of alcohol in the blood, breath, or 25,276
urine, section 2903.04 of the Revised Code in a case in which the 25,277
offender was subject to the sanctions described in division (D) 25,278
of that section, or section 2903.06, 2903.07, or 2903.08 of the 25,279
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 25,280
the jury or judge found that at the time of the commission of the 25,281
offense the offender was under the influence of alcohol, a drug 25,282
of abuse, or alcohol and a drug of abuse, or a statute of the 25,283
United States or of any other state or a municipal ordinance of a 25,284
municipal corporation located in any other state that is 25,285
substantially similar to division (A) or (B) of section 4511.19 25,286
of the Revised Code, the period of the suspension or denial shall 25,287
be one year.
588
(3) If the person has been convicted, within six years of 25,289
the date the test was conducted, of two violations of a statute 25,290
or ordinance described in division (F)(2) of this section, the 25,292
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 25,294
the date the test was conducted, of more than two violations of a 25,295
statute or ordinance described in division (F)(2) of this 25,296
section, the period of the suspension or denial shall be three 25,297
years. 25,298
(G)(1) A suspension of a person's driver's or commercial 25,300
driver's license or permit or nonresident operating privilege 25,301
under division (D)(1)(a) of this section for the period of time 25,302
described in division (E) or (F) of this section is effective 25,303
immediately from the time at which the arresting officer serves 25,304
the notice of suspension upon the arrested person. Any 25,305
subsequent finding that the person is not guilty of the charge 25,306
that resulted in the person being requested to take, or in the 25,308
person taking, the chemical test or tests under division (A) of 25,309
this section affects the suspension only as described in division 25,310
(H)(2) of this section. 25,311
(2) If a person is arrested for operating a vehicle while 25,313
under the influence of alcohol, a drug of abuse, or alcohol and a 25,314
drug of abuse or for operating a vehicle with a prohibited 25,315
concentration of alcohol in the blood, breath, or urine and 25,316
regardless of whether the person's driver's or commercial 25,317
driver's license or permit or nonresident operating privilege is 25,318
or is not suspended under division (E) or (F) of this section, 25,319
the person's initial appearance on the charge resulting from the 25,320
arrest shall be held within five days of the person's arrest or 25,321
the issuance of the citation to the person, subject to any 25,322
continuance granted by the court pursuant to division (H)(1) of 25,324
this section regarding the issues specified in that division. 25,325
(H)(1) If a person is arrested for operating a vehicle 25,327
while under the influence of alcohol, a drug of abuse, or alcohol 25,328
589
and a drug of abuse or for operating a vehicle with a prohibited 25,329
concentration of alcohol in the blood, breath, or urine and if 25,330
the person's driver's or commercial driver's license or permit or 25,331
nonresident operating privilege is suspended under division (E) 25,332
or (F) of this section, the person may appeal the suspension at 25,333
the person's initial appearance on the charge resulting from the 25,336
arrest in the court in which the person will appear on that 25,337
charge. If the person appeals the suspension at the person's 25,338
initial appearance, the appeal does not stay the operation of the 25,339
suspension. Subject to division (H)(2) of this section, no court 25,340
has jurisdiction to grant a stay of a suspension imposed under 25,341
division (E) or (F) of this section, and any order issued by any 25,342
court that purports to grant a stay of any suspension imposed 25,343
under either of those divisions shall not be given administrative 25,344
effect.
If the person appeals the suspension at the person's 25,346
initial appearance, either the person or the registrar may 25,347
request a continuance of the appeal. Either the person or the 25,349
registrar shall make the request for a continuance of the appeal 25,350
at the same time as the making of the appeal. If either the 25,351
person or the registrar requests a continuance of the appeal, the 25,352
court may grant the continuance. The court also may continue the 25,353
appeal on its own motion. The granting of a continuance applies 25,354
only to the conduct of the appeal of the suspension and does not 25,355
extend the time within which the initial appearance must be 25,356
conducted, and the court shall proceed with all other aspects of 25,357
the initial appearance in accordance with its normal procedures. 25,358
Neither the request for nor the granting of a continuance stays 25,359
the operation of the suspension that is the subject of the 25,360
appeal.
If the person appeals the suspension at the person's 25,362
initial appearance, the scope of the appeal is limited to 25,363
determining whether one or more of the following conditions have 25,364
not been met: 25,365
590
(a) Whether the law enforcement officer had reasonable 25,367
ground to believe the arrested person was operating a vehicle 25,368
upon a highway or public or private property used by the public 25,369
for vehicular travel or parking within this state while under the 25,370
influence of alcohol, a drug of abuse, or alcohol and a drug of 25,371
abuse or with a prohibited concentration of alcohol in the blood, 25,372
breath, or urine and whether the arrested person was in fact 25,373
placed under arrest; 25,374
(b) Whether the law enforcement officer requested the 25,376
arrested person to submit to the chemical test designated 25,377
pursuant to division (A) of this section; 25,378
(c) Whether the arresting officer informed the arrested 25,380
person of the consequences of refusing to be tested or of 25,381
submitting to the test; 25,382
(d) Whichever of the following is applicable: 25,384
(i) Whether the arrested person refused to submit to the 25,386
chemical test requested by the officer; 25,387
(ii) Whether the chemical test results indicate that the 25,389
arrested person's blood contained a concentration of 25,390
ten-hundredths of one per cent or more by weight of alcohol, the 25,392
person's breath contained a concentration of ten-hundredths of 25,394
one gram or more by weight of alcohol per two hundred ten liters 25,395
of the person's breath, or the person's urine contained a 25,396
concentration of fourteen-hundredths of one gram or more by 25,398
weight of alcohol per one hundred milliliters of the person's 25,399
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 25,401
appearance, the judge or referee of the court or the mayor of the 25,402
mayor's court shall determine whether one or more of the 25,403
conditions specified in divisions (H)(1)(a) to (d) of this 25,404
section have not been met. The person who appeals the suspension 25,405
has the burden of proving, by a preponderance of the evidence, 25,406
that one or more of the specified conditions has not been met. 25,407
If during the appeal at the initial appearance the judge or 25,408
591
referee of the court or the mayor of the mayor's court determines 25,409
that all of those conditions have been met, the judge, referee, 25,410
or mayor shall uphold the suspension, shall continue the 25,411
suspension, and shall notify the registrar of the decision on a 25,412
form approved by the registrar. Except as otherwise provided in 25,413
division (H)(2) of this section, if the suspension is upheld or 25,414
if the person does not appeal the suspension at the person's 25,415
initial appearance under division (H)(1) of this section, the 25,416
suspension shall continue until the complaint alleging the 25,417
violation for which the person was arrested and in relation to 25,418
which the suspension was imposed is adjudicated on the merits by 25,419
the judge or referee of the trial court or by the mayor of the 25,420
mayor's court. If the suspension was imposed under division (E) 25,421
of this section and it is continued under this division, any 25,422
subsequent finding that the person is not guilty of the charge 25,423
that resulted in the person being requested to take the chemical 25,424
test or tests under division (A) of this section does not 25,425
terminate or otherwise affect the suspension. If the suspension 25,426
was imposed under division (F) of this section and it is 25,427
continued under this division, the suspension shall terminate if, 25,428
for any reason, the person subsequently is found not guilty of 25,429
the charge that resulted in the person taking the chemical test 25,430
or tests under division (A) of this section. 25,431
If, during the appeal at the initial appearance, the judge 25,433
or referee of the trial court or the mayor of the mayor's court 25,434
determines that one or more of the conditions specified in 25,435
divisions (H)(1)(a) to (d) of this section have not been met, the 25,436
judge, referee, or mayor shall terminate the suspension, subject 25,437
to the imposition of a new suspension under division (B) of 25,438
section 4511.196 of the Revised Code; shall notify the registrar 25,439
of the decision on a form approved by the registrar; and, except 25,440
as provided in division (B) of section 4511.196 of the Revised 25,442
Code, shall order the registrar to return the driver's or 25,443
commercial driver's license or permit to the person or to take 25,444
592
such measures as may be necessary, if the license or permit was 25,445
destroyed under section 4507.55 of the Revised Code, to permit 25,446
the person to obtain a replacement driver's or commercial 25,447
driver's license or permit from the registrar or a deputy 25,448
registrar in accordance with that section. The court also shall 25,449
issue to the person a court order, valid for not more than ten 25,450
days from the date of issuance, granting the person operating 25,451
privileges for that period of time.
If the person appeals the suspension at the initial 25,453
appearance, the registrar shall be represented by the prosecuting 25,454
attorney of the county in which the arrest occurred if the 25,455
initial appearance is conducted in a juvenile court or county 25,456
court, except that if the arrest occurred within a city or 25,457
village within the jurisdiction of the county court in which the 25,458
appeal is conducted, the city director of law or village 25,459
solicitor of that city or village shall represent the registrar. 25,460
If the appeal is conducted in a municipal court, the registrar 25,461
shall be represented as provided in section 1901.34 of the 25,462
Revised Code. If the appeal is conducted in a mayor's court, the 25,463
registrar shall be represented by the city director of law, 25,464
village solicitor, or other chief legal officer of the municipal 25,465
corporation that operates that mayor's court. 25,466
(I)(1) If a person's driver's or commercial driver's 25,468
license or permit or nonresident operating privilege has been 25,469
suspended pursuant to division (E) of this section, and the 25,470
person, within the preceding seven years, has refused three 25,471
previous requests to consent to a chemical test of the person's 25,473
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 25,474
of division (A) or (B) of section 4511.19 of the Revised Code, a 25,475
municipal ordinance relating to operating a vehicle while under 25,476
the influence of alcohol, a drug of abuse, or alcohol and a drug 25,477
of abuse, a municipal ordinance relating to operating a vehicle 25,478
with a prohibited concentration of alcohol in the blood, breath, 25,479
593
or urine, section 2903.04 of the Revised Code in a case in which 25,480
the person was subject to the sanctions described in division (D) 25,481
of that section, or section 2903.06, 2903.07, or 2903.08 of the 25,482
Revised Code or a municipal ordinance that is substantially 25,483
similar to section 2903.07 of the Revised Code in a case in which 25,484
the jury or judge found that the person was under the influence 25,485
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 25,486
statute of the United States or of any other state or a municipal 25,487
ordinance of a municipal corporation located in any other state 25,488
that is substantially similar to division (A) or (B) of section 25,489
4511.19 of the Revised Code, the person is not entitled to 25,490
request, and the court shall not grant to the person, 25,491
occupational driving privileges under this division. Any other 25,492
person whose driver's or commercial driver's license or 25,493
nonresident operating privilege has been suspended pursuant to 25,494
division (E) of this section may file a petition requesting 25,495
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 25,496
is a minor, juvenile court with jurisdiction over the related 25,498
criminal or delinquency case. The petition may be filed at any 25,499
time subsequent to the date on which the notice of suspension is 25,500
served upon the arrested person. The person shall pay the costs 25,501
of the proceeding, notify the registrar of the filing of the 25,502
petition, and send the registrar a copy of the petition. 25,503
In the proceedings, the registrar shall be represented by 25,505
the prosecuting attorney of the county in which the arrest 25,506
occurred if the petition is filed in the juvenile court, county 25,507
court, or common pleas court, except that, if the arrest occurred 25,508
within a city or village within the jurisdiction of the county 25,510
court in which the petition is filed, the city director of law or 25,511
village solicitor of that city or village shall represent the 25,512
registrar. If the petition is filed in the municipal court, the 25,513
registrar shall be represented as provided in section 1901.34 of 25,514
the Revised Code. If the petition is filed in a mayor's court, 25,515
594
the registrar shall be represented by the city director of law, 25,516
village solicitor, or other chief legal officer of the municipal 25,517
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 25,519
suspension would seriously affect the person's ability to 25,520
continue in the person's employment, may grant the person 25,521
occupational driving privileges during the period of suspension 25,523
imposed pursuant to division (E) of this section, subject to the 25,524
limitations contained in this division and division (I)(2) of 25,525
this section. The court may grant the occupational driving 25,526
privileges, subject to the limitations contained in this division 25,527
and division (I)(2) of this section, regardless of whether the 25,528
person appeals the suspension at the person's initial appearance 25,530
under division (H)(1) of this section or appeals the decision of 25,531
the court made pursuant to the appeal conducted at the initial 25,532
appearance, and, if the person has appealed the suspension or 25,533
decision, regardless of whether the matter at issue has been 25,534
heard or decided by the court. The court shall not grant 25,535
occupational driving privileges to any person who, within seven 25,536
years of the filing of the petition, has refused three previous 25,537
requests to consent to a chemical test of the person's blood, 25,539
breath, or urine to determine its alcohol content or has been 25,540
convicted of or pleaded guilty to three or more violations of 25,541
division (A) or (B) of section 4511.19 of the Revised Code, a 25,542
municipal ordinance relating to operating a vehicle while under 25,543
the influence of alcohol, a drug of abuse, or alcohol and a drug 25,544
of abuse, a municipal ordinance relating to operating a vehicle 25,545
with a prohibited concentration of alcohol in the blood, breath, 25,546
or urine, section 2903.04 of the Revised Code in a case in which 25,547
the person was subject to the sanctions described in division (D) 25,548
of that section, or section 2903.06, 2903.07, or 2903.08 of the 25,549
Revised Code or a municipal ordinance that is substantially 25,550
similar to section 2903.07 of the Revised Code in a case in which 25,551
the jury or judge found that the person was under the influence 25,552
595
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 25,553
statute of the United States or of any other state or a municipal 25,554
ordinance of a municipal corporation located in any other state 25,555
that is substantially similar to division (A) or (B) of section 25,556
4511.19 of the Revised Code, and shall not grant occupational 25,557
driving privileges for employment as a driver of commercial motor 25,558
vehicles to any person who is disqualified from operating a 25,559
commercial motor vehicle under section 2301.374 or 4506.16 of the 25,560
Revised Code.
(2)(a) In granting occupational driving privileges under 25,562
division (I)(1) of this section, the court may impose any 25,563
condition it considers reasonable and necessary to limit the use 25,564
of a vehicle by the person. The court shall deliver to the 25,565
person a permit card, in a form to be prescribed by the court, 25,566
setting forth the time, place, and other conditions limiting the 25,567
defendant's use of a vehicle. The grant of occupational driving 25,568
privileges shall be conditioned upon the person's having the 25,569
permit in the person's possession at all times during which the 25,571
person is operating a vehicle. 25,572
A person granted occupational driving privileges who 25,574
operates a vehicle for other than occupational purposes, in 25,575
violation of any condition imposed by the court, or without 25,576
having the permit in the person's possession, is guilty of a 25,577
violation of section 4507.02 of the Revised Code. 25,579
(b) The court may not grant a person occupational driving 25,581
privileges under division (I)(1) of this section when prohibited 25,582
by a limitation contained in that division or during any of the 25,583
following periods of time: 25,584
(i) The first thirty days of suspension imposed upon a 25,586
person who, within five years of the date on which the person 25,587
refused the request to consent to a chemical test of the person's 25,589
blood, breath, or urine to determine its alcohol content and for 25,591
which refusal the suspension was imposed, had not refused a 25,592
previous request to consent to a chemical test of the person's 25,593
596
blood, breath, or urine to determine its alcohol content; 25,595
(ii) The first ninety days of suspension imposed upon a 25,597
person who, within five years of the date on which the person 25,598
refused the request to consent to a chemical test of the person's 25,600
blood, breath, or urine to determine its alcohol content and for 25,602
which refusal the suspension was imposed, had refused one 25,603
previous request to consent to a chemical test of the person's 25,604
blood, breath, or urine to determine its alcohol content; 25,606
(iii) The first year of suspension imposed upon a person 25,608
who, within five years of the date on which the person refused 25,610
the request to consent to a chemical test of the person's blood, 25,612
breath, or urine to determine its alcohol content and for which 25,613
refusal the suspension was imposed, had refused two previous 25,614
requests to consent to a chemical test of the person's blood, 25,615
breath, or urine to determine its alcohol content; 25,617
(iv) The first three years of suspension imposed upon a 25,619
person who, within five years of the date on which the person 25,620
refused the request to consent to a chemical test of the person's 25,622
blood, breath, or urine to determine its alcohol content and for 25,624
which refusal the suspension was imposed, had refused three or 25,625
more previous requests to consent to a chemical test of the 25,626
person's blood, breath, or urine to determine its alcohol 25,628
content.
(3) The court shall give information in writing of any 25,630
action taken under this section to the registrar. 25,631
(4) If a person's driver's or commercial driver's license 25,633
or permit or nonresident operating privilege has been suspended 25,634
pursuant to division (F) of this section, and the person, within 25,635
the preceding seven years, has been convicted of or pleaded 25,636
guilty to three or more violations of division (A) or (B) of 25,637
section 4511.19 of the Revised Code, a municipal ordinance 25,638
relating to operating a vehicle while under the influence of 25,639
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 25,640
municipal ordinance relating to operating a vehicle with a 25,641
597
prohibited concentration of alcohol in the blood, breath, or 25,642
urine, section 2903.04 of the Revised Code in a case in which the 25,643
person was subject to the sanctions described in division (D) of 25,644
that section, or section 2903.06, 2903.07, or 2903.08 of the 25,645
Revised Code or a municipal ordinance that is substantially 25,646
similar to section 2903.07 of the Revised Code in a case in which 25,647
the jury or judge found that the person was under the influence 25,648
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 25,649
statute of the United States or of any other state or a municipal 25,650
ordinance of a municipal corporation located in any other state 25,652
that is substantially similar to division (A) or (B) of section 25,653
4511.19 of the Revised Code, the person is not entitled to 25,654
request, and the court shall not grant to the person, 25,655
occupational driving privileges under this division. Any other 25,656
person whose driver's or commercial driver's license or 25,657
nonresident operating privilege has been suspended pursuant to 25,658
division (F) of this section may file in the court specified in 25,659
division (I)(1) of this section a petition requesting 25,660
occupational driving privileges in accordance with section 25,661
4507.16 of the Revised Code. The petition may be filed at any 25,662
time subsequent to the date on which the arresting officer serves 25,663
the notice of suspension upon the arrested person. Upon the 25,664
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 25,665
The court may grant the occupational driving privileges, subject 25,666
to the limitations contained in section 4507.16 of the Revised 25,667
Code, regardless of whether the person appeals the suspension at 25,668
the person's initial appearance under division (H)(1) of this 25,670
section or appeals the decision of the court made pursuant to the 25,671
appeal conducted at the initial appearance, and, if the person 25,672
has appealed the suspension or decision, regardless of whether 25,673
the matter at issue has been heard or decided by the court. 25,674
(J) When it finally has been determined under the 25,676
procedures of this section that a nonresident's privilege to 25,677
598
operate a vehicle within this state has been suspended, the 25,678
registrar shall give information in writing of the action taken 25,679
to the motor vehicle administrator of the state of the person's 25,680
residence and of any state in which the person has a license. 25,681
(K) A suspension of the driver's or commercial driver's 25,683
license or permit of a resident, a suspension of the operating 25,684
privilege of a nonresident, or a denial of a driver's or 25,685
commercial driver's license or permit pursuant to division (E) or 25,687
(F) of this section shall be terminated by the registrar upon 25,689
receipt of notice of the person's entering a plea of guilty to, 25,690
or of the person's conviction of, operating a vehicle while under 25,692
the influence of alcohol, a drug of abuse, or alcohol and a drug 25,693
of abuse or with a prohibited concentration of alcohol in the 25,694
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 25,695
incident that led to the suspension or denial. 25,696
The registrar shall credit against any judicial suspension 25,698
of a person's driver's or commercial driver's license or permit 25,699
or nonresident operating privilege imposed pursuant to division 25,700
(B) or (E) of section 4507.16 of the Revised Code any time during 25,701
which the person serves a related suspension imposed pursuant to 25,702
division (E) or (F) of this section. 25,703
(L) At the end of a suspension period under this section, 25,705
section 4511.196, or division (B) of section 4507.16 of the 25,706
Revised Code and upon the request of the person whose driver's or 25,707
commercial driver's license or permit was suspended and who is 25,708
not otherwise subject to suspension, revocation, or 25,709
disqualification, the registrar shall return the driver's or 25,710
commercial driver's license or permit to the person upon the 25,711
person's compliance with all of the conditions specified in 25,713
divisions (L)(1) and (2) of this section: 25,714
(1) A showing by the person that the person has proof of 25,716
financial responsibility, a policy of liability insurance in 25,718
effect that meets the minimum standards set forth in section 25,719
599
4509.51 of the Revised Code, or proof, to the satisfaction of the 25,720
registrar, that the person is able to respond in damages in an 25,721
amount at least equal to the minimum amounts specified in section 25,722
4509.51 of the Revised Code. 25,723
(2) Subject to the limitation contained in division (L)(3) 25,726
of this section, payment by the person of a license reinstatement 25,727
fee of four hundred five dollars to the bureau of motor vehicles, 25,730
which fee shall be deposited in the state treasury and credited 25,731
as follows: 25,732
(a) One hundred twelve dollars and fifty cents shall be 25,735
credited to the drivers' STATEWIDE treatment and intervention 25,736
PREVENTION fund, which is hereby established CREATED BY SECTION 25,737
4301.30 OF THE REVISED CODE. The fund shall be used to pay the 25,738
costs of driver treatment and intervention programs operated 25,739
pursuant to sections 3793.02 and 3793.10 of the Revised Code. 25,740
The director of alcohol and drug addiction services shall 25,741
determine the share of the fund that is to be allocated to 25,742
alcohol and drug addiction programs authorized by section 3793.02 25,743
of the Revised Code, and the share of the fund that is to be 25,744
allocated to drivers' intervention programs authorized by section 25,745
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 25,747
reparations fund created by section 2743.191 of the Revised Code. 25,749
(c) Thirty-seven dollars and fifty cents shall be credited 25,752
to the indigent drivers alcohol treatment fund, which is hereby 25,753
established. Except as otherwise provided in division (L)(2)(c) 25,755
of this section, moneys in the fund shall be distributed by the 25,756
department of alcohol and drug addiction services to the county 25,757
indigent drivers alcohol treatment funds, the county juvenile 25,758
indigent drivers alcohol treatment funds, and the municipal 25,759
indigent drivers alcohol treatment funds that are required to be 25,760
established by counties and municipal corporations pursuant to 25,761
division (N) of this section, and shall be used only to pay the 25,762
cost of an alcohol and drug addiction treatment program attended 25,763
600
by an offender or juvenile traffic offender who is ordered to 25,764
attend an alcohol and drug addiction treatment program by a 25,765
county, juvenile, or municipal court judge and who is determined 25,766
by the county, juvenile, or municipal court judge not to have the 25,767
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 25,768
that division. Moneys in the fund that are not distributed to a 25,770
county indigent drivers alcohol treatment fund, a county juvenile 25,771
indigent drivers alcohol treatment fund, or a municipal indigent 25,772
drivers alcohol treatment fund under division (N) of this section 25,773
because the director of alcohol and drug addiction services does 25,774
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 25,775
arrested may be transferred by the director of budget and 25,776
management to the drivers' STATEWIDE treatment and intervention 25,777
PREVENTION fund, created in division (L)(2)(a) of this BY section 25,778
4301.30 OF THE REVISED CODE, upon certification of the amount by 25,779
the director of alcohol and drug addiction services. 25,781
(d) Seventy-five dollars shall be credited to the Ohio 25,783
rehabilitation services commission established by section 3304.12 25,784
of the Revised Code, to the services for rehabilitation fund, 25,785
which is hereby established. The fund shall be used to match 25,786
available federal matching funds where appropriate, and for any 25,787
other purpose or program of the commission to rehabilitate people 25,788
with disabilities to help them become employed and independent. 25,789
(e) Seventy-five dollars shall be deposited into the state 25,792
treasury and credited to the drug abuse resistance education 25,793
programs fund, which is hereby established, to be used by the 25,794
attorney general for the purposes specified in division (L)(4) of 25,796
this section.
(f) Thirty dollars shall be credited to the state bureau 25,798
of motor vehicles fund created by section 4501.25 of the Revised 25,799
Code.
(3) If a person's driver's or commercial driver's license 25,801
601
or permit is suspended under division (E) or (F) of this section, 25,803
section 4511.196, or division (B) of section 4507.16 of the 25,804
Revised Code, or any combination of the suspensions described in 25,805
division (L)(3) of this section, and if the suspensions arise 25,806
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 25,807
required to pay to the bureau, only one reinstatement fee of four 25,808
hundred five dollars. The reinstatement fee shall be distributed 25,809
by the bureau in accordance with division (L)(2) of this section. 25,810
(4) The attorney general shall use amounts in the drug 25,812
abuse resistance education programs fund to award grants to law 25,813
enforcement agencies to establish and implement drug abuse 25,814
resistance education programs in public schools. Grants awarded 25,815
to a law enforcement agency under division (L)(2)(e) of this 25,816
section shall be used by the agency to pay for not more than 25,817
fifty per cent of the amount of the salaries of law enforcement 25,818
officers who conduct drug abuse resistance education programs in 25,819
public schools. The attorney general shall not use more than six 25,820
per cent of the amounts the attorney general's office receives 25,822
under division (L)(2)(e) of this section to pay the costs it 25,823
incurs in administering the grant program established by division 25,824
(L)(2)(e) of this section and in providing training and materials 25,825
relating to drug abuse resistance education programs. 25,826
The attorney general shall report to the governor and the 25,828
general assembly each fiscal year on the progress made in 25,829
establishing and implementing drug abuse resistance education 25,830
programs. These reports shall include an evaluation of the 25,831
effectiveness of these programs. 25,832
(M) Suspension of a commercial driver's license under 25,834
division (E) or (F) of this section shall be concurrent with any 25,835
period of disqualification under section 2301.374 or 4506.16 of 25,836
the Revised Code. No person who is disqualified for life from 25,837
holding a commercial driver's license under section 4506.16 of 25,838
the Revised Code shall be issued a driver's license under Chapter 25,839
602
4507. of the Revised Code during the period for which the 25,840
commercial driver's license was suspended under division (E) or 25,841
(F) of this section, and no person whose commercial driver's 25,842
license is suspended under division (E) or (F) of this section 25,843
shall be issued a driver's license under that chapter during the 25,844
period of the suspension. 25,845
(N)(1) Each county shall establish an indigent drivers 25,847
alcohol treatment fund, each county shall establish a juvenile 25,848
indigent drivers alcohol treatment fund, and each municipal 25,849
corporation in which there is a municipal court shall establish 25,850
an indigent drivers alcohol treatment fund. All revenue that the 25,851
general assembly appropriates to the indigent drivers alcohol 25,852
treatment fund for transfer to a county indigent drivers alcohol 25,853
treatment fund, a county juvenile indigent drivers alcohol 25,854
treatment fund, or a municipal indigent drivers alcohol treatment 25,855
fund, all portions of fees that are paid under division (L) of 25,856
this section and that are credited under that division to the 25,857
indigent drivers alcohol treatment fund in the state treasury for 25,858
a county indigent drivers alcohol treatment fund, a county 25,859
juvenile indigent drivers alcohol treatment fund, or a municipal 25,860
indigent drivers alcohol treatment fund, and all portions of 25,861
fines that are specified for deposit into a county or municipal 25,862
indigent drivers alcohol treatment fund by section 4511.193 of 25,863
the Revised Code shall be deposited into that county indigent 25,864
drivers alcohol treatment fund, county juvenile indigent drivers 25,865
alcohol treatment fund, or municipal indigent drivers alcohol 25,866
treatment fund in accordance with division (N)(2) of this 25,867
section. Additionally, all portions of fines that are paid for a 25,868
violation of section 4511.19 of the Revised Code or division 25,869
(B)(2) of section 4507.02 of the Revised Code, and that are 25,870
required under division (A)(1) or (2) of section 4511.99 or 25,871
division (B)(5) of section 4507.99 of the Revised Code to be 25,872
deposited into a county indigent drivers alcohol treatment fund 25,873
or municipal indigent drivers alcohol treatment fund shall be 25,874
603
deposited into the appropriate fund in accordance with the 25,875
applicable division. 25,876
(2) That portion of the license reinstatement fee that is 25,878
paid under division (L) of this section and that is credited 25,879
under that division to the indigent drivers alcohol treatment 25,880
fund shall be deposited into a county indigent drivers alcohol 25,881
treatment fund, a county juvenile indigent drivers alcohol 25,882
treatment fund, or a municipal indigent drivers alcohol treatment 25,883
fund as follows: 25,884
(a) If the suspension in question was imposed under this 25,886
section, that portion of the fee shall be deposited as follows: 25,887
(i) If the fee is paid by a person who was charged in a 25,889
county court with the violation that resulted in the suspension, 25,890
the portion shall be deposited into the county indigent drivers 25,891
alcohol treatment fund under the control of that court; 25,892
(ii) If the fee is paid by a person who was charged in a 25,894
juvenile court with the violation that resulted in the 25,895
suspension, the portion shall be deposited into the county 25,896
juvenile indigent drivers alcohol treatment fund established in 25,897
the county served by the court; 25,898
(iii) If the fee is paid by a person who was charged in a 25,900
municipal court with the violation that resulted in the 25,901
suspension, the portion shall be deposited into the municipal 25,902
indigent drivers alcohol treatment fund under the control of that 25,903
court. 25,904
(b) If the suspension in question was imposed under 25,906
division (B) of section 4507.16 of the Revised Code, that portion 25,907
of the fee shall be deposited as follows: 25,908
(i) If the fee is paid by a person whose license or permit 25,910
was suspended by a county court, the portion shall be deposited 25,911
into the county indigent drivers alcohol treatment fund under the 25,912
control of that court; 25,913
(ii) If the fee is paid by a person whose license or 25,915
permit was suspended by a municipal court, the portion shall be 25,916
604
deposited into the municipal indigent drivers alcohol treatment 25,917
fund under the control of that court. 25,918
(3) Expenditures from a county indigent drivers alcohol 25,920
treatment fund, a county juvenile indigent drivers alcohol 25,921
treatment fund, or a municipal indigent drivers alcohol treatment 25,922
fund shall be made only upon the order of a county, juvenile, or 25,923
municipal court judge and only for payment of the cost of the 25,924
attendance at an alcohol and drug addiction treatment program of 25,925
a person who is convicted of, or found to be a juvenile traffic 25,926
offender by reason of, a violation of division (A) of section 25,927
4511.19 of the Revised Code or a substantially similar municipal 25,928
ordinance, who is ordered by the court to attend the alcohol and 25,929
drug addiction treatment program, and who is determined by the 25,930
court to be unable to pay the cost of attendance at the treatment 25,932
program or for payment of the costs specified in division (N)(4) 25,933
of this section in accordance with that division. The alcohol 25,934
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 25,936
section 340.02 or 340.021 of the Revised Code and serving the 25,938
alcohol, drug addiction, and mental health service district in 25,939
which the court is located shall administer the indigent drivers 25,940
alcohol treatment program of the court. When a court orders an 25,941
offender or juvenile traffic offender to attend an alcohol and 25,942
drug addiction treatment program, the board shall determine which 25,943
program is suitable to meet the needs of the offender or juvenile 25,944
traffic offender, and when a suitable program is located and 25,945
space is available at the program, the offender or juvenile 25,946
traffic offender shall attend the program designated by the 25,947
board. A reasonable amount not to exceed five per cent of the 25,948
amounts credited to and deposited into the county indigent 25,949
drivers alcohol treatment fund, the county juvenile indigent 25,950
drivers alcohol treatment fund, or the municipal indigent drivers 25,951
alcohol treatment fund serving every court whose program is 25,952
administered by that board shall be paid to the board to cover 25,953
605
the costs it incurs in administering those indigent drivers 25,954
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 25,956
in consultation with the alcohol and drug addiction services 25,957
board or the board of alcohol, drug addiction, and mental health 25,958
services established pursuant to section 340.02 or 340.021 of the 25,959
Revised Code and serving the alcohol, drug addiction, and mental 25,961
health district in which the court is located, that the funds in 25,962
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 25,963
municipal indigent drivers alcohol treatment fund under the 25,964
control of the court are more than sufficient to satisfy the 25,965
purpose for which the fund was established, as specified in 25,966
divisions (N)(1) to (3) of this section, the court may declare a 25,967
surplus in the fund. If the court declares a surplus in the 25,968
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 25,969
who are charged in the court with committing a criminal offense 25,970
or with being a delinquent child or juvenile traffic offender and 25,971
in relation to whom both of the following apply: 25,972
(a) The court determines that substance abuse was a 25,974
contributing factor leading to the criminal or delinquent 25,975
activity or the juvenile traffic offense with which the person is 25,976
charged.
(b) The court determines that the person is unable to pay 25,979
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 25,980
Sec. 4511.83. (A) As used in this section: 25,989
(1) "Ignition interlock device" means a device that 25,991
connects a breath analyzer to a motor vehicle's ignition system, 25,992
that is constantly available to monitor the concentration by 25,993
weight of alcohol in the breath of any person attempting to start 25,994
that motor vehicle by using its ignition system, and that deters 25,995
starting the motor vehicle by use of its ignition system unless 25,996
606
the person attempting to so start the vehicle provides an 25,997
appropriate breath sample for the device and the device 25,998
determines that the concentration by weight of alcohol in the 25,999
person's breath is below a preset level. 26,000
(2) "Offender with restricted driving privileges" means an 26,002
offender who is subject to an order that was issued under 26,003
division (F) of section 4507.16 of the Revised Code as a 26,004
condition of the granting of occupational driving privileges or 26,005
an offender whose driving privilege is restricted as a condition 26,006
of probation pursuant to division (G) of section 2951.02 of the 26,008
Revised Code. 26,009
(B)(1) Except in cases of a substantial emergency when no 26,011
other person is reasonably available to drive in response to the 26,012
emergency, no person shall knowingly rent, lease, or lend a motor 26,013
vehicle to any offender with restricted driving privileges, 26,014
unless the vehicle is equipped with a functioning ignition 26,015
interlock device that is certified pursuant to division (D) of 26,016
this section. 26,017
(2) Any offender with restricted driving privileges who 26,019
rents, leases, or borrows a motor vehicle from another person 26,020
shall notify the person who rents, leases, or lends the motor 26,021
vehicle to the offender that the offender has restricted driving 26,023
privileges and of the nature of the restriction. 26,024
(3) Any offender with restricted driving privileges who is 26,026
required to operate a motor vehicle owned by the offender's 26,027
employer in the course and scope of the offender's employment may 26,029
operate that vehicle without the installation of an ignition 26,031
interlock device, provided that the employer has been notified 26,032
that the offender has restricted driving privileges and of the 26,033
nature of the restriction and provided further that the offender 26,034
has proof of the employer's notification in the offender's 26,035
possession while operating the employer's vehicle for normal 26,037
business duties. A motor vehicle owned by a business that is 26,038
partly or entirely owned or controlled by an offender with 26,039
607
restricted driving privileges is not a motor vehicle owned by an 26,040
employer, for purposes of this division. 26,041
(C) If a court, pursuant to division (F) of section 26,043
4507.16 of the Revised Code, imposes the use of an ignition 26,044
interlock device as a condition of the granting of occupational 26,045
driving privileges, the court shall require the offender to 26,046
provide proof of compliance to the court at least once quarterly 26,047
or more frequently as ordered by the court in its discretion. If 26,048
a court imposes the use of an ignition interlock device as a 26,049
condition of probation under division (I) of section 2951.02 of 26,050
the Revised Code, the court shall require the offender to provide 26,051
proof of compliance to the court or probation officer prior to 26,052
issuing any driving privilege or continuing the probation status. 26,053
In either case in which a court imposes the use of such a device, 26,054
the offender, at least once quarterly or more frequently as 26,055
ordered by the court in its discretion, shall have the device 26,056
inspected as ordered by the court for accurate operation and 26,057
shall provide the results of the inspection to the court or, if 26,058
applicable, to the offender's probation officer. 26,059
(D)(1) The director of public safety, upon consultation 26,061
with the director of health and in accordance with Chapter 119. 26,062
of the Revised Code, shall certify ignition interlock devices and 26,063
shall publish and make available to the courts, without charge, a 26,064
list of approved devices together with information about the 26,065
manufacturers of the devices and where they may be obtained. The 26,066
cost of obtaining the certification of an ignition interlock 26,067
device shall be paid by the manufacturer of the device to the 26,068
director of public safety and shall be deposited in the drivers' 26,069
STATEWIDE treatment and intervention PREVENTION fund established 26,071
by section 4511.191 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with 26,073
Chapter 119. of the Revised Code, shall adopt and publish rules 26,074
setting forth the requirements for obtaining the certification of 26,075
an ignition interlock device. No ignition interlock device shall 26,076
608
be certified by the director of public safety pursuant to 26,077
division (D)(1) of this section unless it meets the requirements 26,078
specified and published by the director in the rules adopted 26,079
pursuant to this division. The requirements shall include 26,080
provisions for setting a minimum and maximum calibration range 26,081
and shall include, but shall not be limited to, specifications 26,082
that the device complies with all of the following: 26,083
(a) It does not impede the safe operation of the vehicle. 26,085
(b) It has features that make circumvention difficult and 26,087
that do not interfere with the normal use of the vehicle. 26,088
(c) It correlates well with established measures of 26,090
alcohol impairment. 26,091
(d) It works accurately and reliably in an unsupervised 26,093
environment. 26,094
(e) It is resistant to tampering and shows evidence of 26,096
tampering if tampering is attempted. 26,097
(f) It is difficult to circumvent and requires 26,099
premeditation to do so. 26,100
(g) It minimizes inconvenience to a sober user. 26,102
(h) It requires a proper, deep-lung breath sample or other 26,104
accurate measure of the concentration by weight of alcohol in the 26,105
breath. 26,106
(i) It operates reliably over the range of automobile 26,108
environments. 26,109
(j) It is made by a manufacturer who is covered by product 26,111
liability insurance. 26,112
(3) The director of public safety may adopt, in whole or 26,114
in part, the guidelines, rules, regulations, studies, or 26,115
independent laboratory tests performed and relied upon by other 26,116
states, or their agencies or commissions, in the certification or 26,117
approval of ignition interlock devices. 26,118
(4) The director of public safety shall adopt rules in 26,120
accordance with Chapter 119. of the Revised Code for the design 26,121
of a warning label that shall be affixed to each ignition 26,122
609
interlock device upon installation. The label shall contain a 26,123
warning that any person tampering, circumventing, or otherwise 26,124
misusing the device is subject to a fine, imprisonment, or both 26,125
and may be subject to civil liability. 26,126
(E)(1) No offender with restricted driving privileges, 26,128
during any period that the offender is required to operate only a 26,130
motor vehicle equipped with an ignition interlock device, shall 26,131
request or permit any other person to breathe into the device or 26,132
start a motor vehicle equipped with the device, for the purpose 26,133
of providing the offender with an operable motor vehicle. 26,134
(2)(a) Except as provided in division (E)(2)(b) of this 26,136
section, no person shall breathe into an ignition interlock 26,137
device or start a motor vehicle equipped with an ignition 26,138
interlock device for the purpose of providing an operable motor 26,139
vehicle to an offender with restricted driving privileges. 26,140
(b) Division (E)(2)(a) of this section does not apply to 26,142
an offender with restricted driving privileges who breathes into 26,143
an ignition interlock device or starts a motor vehicle equipped 26,144
with an ignition interlock device for the purpose of providing 26,145
himself or herself THE OFFENDER with an operable motor vehicle. 26,146
(3) No unauthorized person shall tamper with or circumvent 26,148
the operation of an ignition interlock device. 26,149
Sec. 4701.03. (A) The accountancy board annually shall 26,158
elect a president, secretary, and treasurer from its members. The 26,160
board may adopt and amend rules for the orderly conduct of its 26,161
affairs and for the administration of this chapter. The board 26,162
may adopt and amend rules defining the practice of public
accounting, rules of professional conduct appropriate to 26,163
establish and maintain a high standard of integrity and dignity 26,164
in registrants and certificate holders under this chapter, and 26,166
rules regulating the sole proprietorship, partnership, limited 26,167
liability company, professional association, 26,168
corporation-for-profit, or other legal entity practice of public 26,169
accounting. A majority of the board shall constitute a quorum 26,170
610
for the transaction of business.
(B) The board shall keep and hold open for public 26,172
inspection all records of its proceedings. 26,173
(C) The board may employ any clerks that are necessary to 26,175
assist it in the performance of its duties and the keeping of its 26,176
records. IF THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR, THE 26,177
EXECUTIVE DIRECTOR SHALL BE PAID IN ACCORDANCE WITH PAY RANGE 18 26,178
OF SALARY SCHEDULE E-1 LISTED IN SECTION 124.152 OF THE REVISED 26,179
CODE.
Sec. 4701.06. The accountancy board shall grant the 26,188
certificate of "certified public accountant" to any person who 26,190
satisfies the following requirements:
(A) The person is a resident of this state or has a place 26,192
of business in this state or, as an employee, is regularly 26,193
employed in this state. The board may determine by rule 26,195
circumstances under which the residency requirement may be 26,197
waived.
(B) The person has attained the age of eighteen years. 26,200
(C) The person is of good moral character. 26,202
(D) The person meets the following requirements of 26,204
education and experience: 26,205
(1)(a) Prior to January 1, 2000, graduation with a 26,207
baccalaureate degree conferred by a college or university 26,208
recognized by the board, with a concentration in accounting that 26,209
includes related courses in other areas of business 26,210
administration, or what the board determines to be substantially 26,211
the equivalent of the foregoing; 26,212
(b) On and after January 1, 2000, graduation with a 26,214
baccalaureate or higher degree that includes successful 26,215
completion of one hundred fifty semester hours of undergraduate 26,216
or graduate education. The board by rule shall specify graduate 26,218
degrees that satisfy this requirement and also by rule shall 26,220
require any subjects that it considers appropriate. The total 26,221
educational program shall include an accounting concentration 26,222
611
with related courses in other areas of business administration, 26,223
as defined by board rule. 26,224
(2)(a) The experience requirement for candidates meeting 26,226
the educational requirements set forth in division (D)(1)(a) or 26,227
(b) of this section is one year of experience satisfactory to the 26,229
board in any of the following:
(i) A public accounting firm; 26,231
(ii) Government; 26,233
(iii) Business; 26,235
(iv) Academia. 26,237
(b) Except as provided in division (D)(2)(c) of this 26,240
section, the experience requirement for any candidate who, on and 26,241
after January 1, 2000, does not meet the educational requirement 26,242
set forth in division (D)(1)(b) of this section is four years of 26,243
experience described in division (D)(2)(a) of this section. The 26,244
experience requirement for any candidate who, prior to January 1, 26,245
2000, does not meet the educational requirement set forth in 26,246
division (D)(1)(a) of this section is two years of experience 26,247
described in division (D)(2)(a) of this section. 26,248
(c) On and after January 1, 2000, the experience 26,250
requirement for any candidate who, subsequent to obtaining a 26,251
baccalaureate or higher degree, other than a baccalaureate or 26,252
higher degree described in division (D)(1)(b) of this section, 26,253
successfully completes coursework that meets the educational 26,254
requirement set forth in division (D)(1)(b) of this section is 26,255
two years of experience described in division (D)(2)(a) of this 26,256
section. 26,257
(E) The person has passed a written AN examination in 26,259
accounting and auditing and in any related subjects that the 26,262
board determines to be appropriate. The board shall adopt rules, 26,263
consistent with this section, for these examinations and for 26,264
application to take these examinations THAT IS ADMINISTERED IN 26,265
THE MANNER AND THAT COVERS THE SUBJECTS THAT THE BOARD PRESCRIBES 26,266
BY RULE. IN ADOPTING THE RELEVANT RULES, THE BOARD SHALL ENSURE 26,267
612
TO THE EXTENT POSSIBLE THAT THE EXAMINATION, THE EXAMINATION 26,268
PROCESS, AND THE EXAMINATION'S PASSING STANDARD ARE UNIFORM WITH
THE EXAMINATIONS, EXAMINATION PROCESSES, AND EXAMINATION PASSING 26,269
STANDARDS OF ALL OTHER STATES AND MAY PROVIDE FOR THE USE OF ALL 26,270
OR PARTS OF THE UNIFORM CERTIFIED PUBLIC ACCOUNTANT EXAMINATION 26,271
AND ADVISORY GRADING SERVICE OF THE AMERICAN INSTITUTE OF 26,272
CERTIFIED PUBLIC ACCOUNTANTS. THE BOARD MAY CONTRACT WITH THIRD 26,273
PARTIES TO PERFORM ADMINISTRATIVE SERVICES THAT RELATE TO THE 26,274
EXAMINATION AND THAT THE BOARD DETERMINES ARE APPROPRIATE IN
ORDER TO ASSIST THE BOARD IN PERFORMING ITS DUTIES IN RELATION TO 26,275
THE EXAMINATION. 26,276
None of the educational requirements specified in division 26,278
(D) of this section apply to a candidate who has a PA 26,280
registration, but the experience requirement for the candidate 26,281
who does not meet those educational requirements is four years of 26,283
the experience described in division (D)(2)(a) of this section. 26,285
Prior to January 1, 2000, the board shall waive the 26,287
educational requirement set forth in division (D)(1)(a) of this 26,288
section for any candidate if it finds that the candidate has 26,289
attained the equivalent education by attendance at a business 26,290
school, by self-study, or otherwise, and if it is satisfied from 26,291
the results of special written examinations that the board gives 26,293
the candidate to test the candidate's educational qualifications 26,295
that the candidate is as well equipped, educationally, as if the 26,296
candidate met the applicable educational requirement specified in 26,297
division (D)(1)(a) of this section.
On and after January 1, 2000, the board shall waive the 26,299
educational requirement set forth in division (D)(1)(b) of this 26,300
section for any candidate if the board finds that the candidate 26,301
has obtained from an accredited college or university approved by 26,302
the board, either an associate degree or a baccalaureate degree, 26,303
other than a baccalaureate degree described in division (D)(1)(b) 26,304
of this section, with a concentration in accounting that includes 26,305
related courses in other areas of business administration, and if 26,306
613
the board is satisfied from the results of special written 26,307
examinations that the board gives the candidate to test the 26,309
candidate's educational qualification that the candidate is as 26,310
well equipped, educationally, as if the candidate met the 26,312
applicable educational requirement specified in division 26,313
(D)(1)(b) of this section.
The board shall provide by rule for the general scope of 26,315
any special written examinations for a waiver of the educational 26,316
requirements under division (D)(1)(a) or (b) of this section and 26,317
may obtain any advice and assistance that it considers 26,319
appropriate to assist it in preparing and grading those special 26,320
written examinations. The board may use any existing 26,321
examinations or may prepare any number of new examinations to 26,322
assist in determining the equivalent training of a candidate. 26,323
The board by rule shall prescribe any special written 26,324
examinations for a waiver of the educational requirements under 26,325
division (D)(1)(a) or (b) of this section and the passing score 26,326
required for each examination.
The examinations described BOARD SHALL HOLD THE EXAMINATION 26,328
REFERRED TO in division (E) of this section and the special 26,330
written examinations for a waiver of the educational requirements 26,331
under division (D)(1)(a) or (b) of this section shall be held by 26,332
the board and shall take place as often as the board determines 26,333
to be desirable, but the examinations described EXAMINATION 26,334
REFERRED TO in division (E) of this section shall be held not 26,335
less frequently than once each year. The board may make the use 26,336
of all or any part of the uniform certified public accountants' 26,338
examination and advisory grading service, or either, as it 26,339
considers appropriate to assist it in performing its duties under 26,341
this section. The board also may contract with qualified 26,343
organizations for assistance in the administration of any 26,344
examinations. The board by rule may provide for granting credit 26,345
to a candidate for satisfactory completion of a written AN 26,346
examination THAT A LICENSING AUTHORITY OF ANOTHER STATE GAVE in 26,347
614
one or more of the subjects referred to in division (E) of this 26,350
section given by the licensing authority in any other state. 26,351
A candidate who has met the educational requirements, or 26,353
with respect to whom they either do not apply or have been 26,354
waived, is eligible to take the examination referred to in 26,356
division (E) of this section without waiting until the candidate 26,357
meets the experience requirements, provided the candidate also 26,358
meets the requirements of divisions (A) and (C) of this section. 26,360
A candidate for the certificate of certified public 26,362
accountant who has successfully completed the examination under 26,363
division (E) of this section has no status as a certified public 26,364
accountant, unless and until the candidate has the requisite 26,365
experience and has received a certificate as a certified public 26,367
accountant. The board shall determine and charge a fee for
issuing the certificate that is adequate to cover the expense. 26,368
The board by rule may prescribe the terms and conditions 26,370
under which a candidate who passes PART BUT NOT ALL OF the 26,371
examination in one or more of the subjects referred to in 26,373
division (E) of this section may be reexamined in only the 26,375
remaining subjects, with credit for the subjects previously 26,376
passed RETAKE THE EXAMINATION. It also may provide by rule for a 26,378
reasonable waiting period for a candidate's reexamination in a 26,379
subject the candidate has failed. Subject to board rules of 26,380
those types and any other rules that the board may adopt 26,383
governing reexaminations, a candidate is entitled to any number 26,384
of reexaminations under division (E) of this section. No 26,385
candidate shall be required to be reexamined in all subjects 26,386
unless a period of four years has elapsed since the candidate 26,387
initially earned credit on the examination. 26,388
The applicable educational and experience requirements 26,390
under division (D) of this section shall be those in effect on 26,391
the date on which the candidate first sits for the examination. 26,392
The board shall charge a candidate a reasonable fee, to be 26,395
determined by the board, that is adequate to cover all rentals, 26,396
615
compensation for proctors, and other administrative expenses of 26,397
the board related to examination or reexamination, including the 26,398
expenses of procuring and grading the examination provided for in 26,399
division (E) of this section and for any special written 26,400
examinations for a waiver of the educational requirements under 26,401
division (D)(1)(a) or (b) of this section. Fees for
reexamination under division (E) of this section shall be charged 26,402
by the board in amounts determined by it. The applicable fees 26,403
shall be paid by the candidate at the time the candidate applies 26,405
for examination or reexamination.
Any person who has received from the board a certificate as 26,407
a certified public accountant and who holds an Ohio permit shall 26,409
be styled and known as a "certified public accountant" and also 26,410
may use the abbreviation "CPA." The board shall maintain a list 26,412
of certified public accountants. Any certified public accountant 26,413
also may be known as a "public accountant." 26,414
Persons who, on the effective date of an amendment of this 26,416
section, held certified public accountant certificates previously 26,418
issued under the laws of this state shall not be required to 26,420
obtain additional certificates under this section but shall 26,421
otherwise be subject to all provisions of this section, and those 26,423
previously issued certificates, for all purposes, shall be 26,424
considered certificates issued under this section and subject to 26,425
its provisions.
The board may waive the examination under division (E) of 26,427
this section and, upon payment of a fee determined by it, may 26,429
issue a certificate as a "certified public accountant" to any 26,430
person who possesses the qualifications specified in divisions 26,432
(A), (B), and (C) of this section and what the board determines 26,433
to be substantially the equivalent of the applicable 26,434
qualifications under division (D) of this section and who is the 26,435
holder of a certificate as a certified public accountant, then in 26,436
full force and effect, issued under the laws of any state, or is 26,437
the holder of a certificate, license, or degree in a foreign 26,438
616
country that constitutes a recognized qualification for the 26,439
practice of public accounting in that country, that is comparable 26,442
to that of a certified public accountant of this state, and that 26,443
is then in full force and effect. 26,445
Sec. 4703.36. (A) The state board of landscape architect 26,454
examiners shall register as a landscape architect each applicant 26,455
who demonstrates to the satisfaction of the board that the 26,456
applicant has met all requirements of section 4703.34 of the 26,457
Revised Code, or in lieu thereof, has complied with the 26,458
provisions of section 4703.341 or 4703.35 of the Revised Code. 26,459
The certificate issued to each individual shall be prima-facie 26,460
evidence of the right of the individual to whom it is issued to 26,461
represent himself or herself SELF as a landscape architect and to 26,463
enter the practice of landscape architecture, subject to sections 26,464
4703.30 to 4703.49 of the Revised Code. 26,465
(B) Each certificate of qualification issued and 26,467
registered shall authorize the holder to practice landscape 26,468
architecture as a landscape architect in this state from the date 26,469
of issuance until the last day of October next succeeding the 26,470
date upon which the certificate was issued OF EACH ODD-NUMBERED 26,471
CALENDAR YEAR, unless revoked or suspended for cause as provided 26,473
in section 4703.42 of the Revised Code THIS CHAPTER or suspended 26,474
pursuant to section 2301.373 of the Revised Code. LICENSE 26,475
RENEWAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE STANDARD 26,476
LICENSE RENEWAL PROCEDURE IN CHAPTER 4745. OF THE REVISED CODE.
EACH RENEWAL SHALL BE RECORDED IN THE OFFICIAL REGISTER OF THE 26,477
BOARD.
(C) Each person registered by the board shall secure a 26,479
seal of the design prescribed by the board. All plans, 26,480
specifications, drawings, and other documents prepared by, or 26,481
under the direct supervision of, the landscape architect shall be 26,482
imprinted with such seal, in accordance with the requirements of 26,483
the board. 26,484
(D) Each certificate of authorization issued under 26,486
617
division (F) of section 4703.331 of the Revised Code shall 26,487
authorize the holder to provide landscape architectural services, 26,488
through the landscape architect designated as being in 26,489
responsible charge of the landscape architectural activities and 26,490
decisions, from the date of issuance until the last day of June 26,491
next succeeding the date upon which the certificate was issued 26,492
unless the certificate has been suspended or revoked for cause as 26,493
provided in section 4703.42 of the Revised Code. 26,494
Sec. 4703.37. (A) The state board of landscape architect 26,503
examiners shall establish an application fee for taking or 26,504
retaking the examination described in division (C) of section 26,505
4703.34 of the Revised Code at an amount adequate to cover all 26,506
rentals, compensation for proctors, and other expenses of the 26,507
board related to the examination except the expenses of procuring 26,508
and grading the examination OBTAINING REGISTRATION UNDER SECTION 26,509
4703.34 OF THE REVISED CODE AND A FEE FOR OBTAINING REGISTRATION 26,512
UNDER SECTION 4703.35 OF THE REVISED CODE. 26,513
(B) The board shall establish an examination fee for 26,514
taking the examination described in division (C) of section 26,515
4703.34 of the Revised Code at an amount adequate to cover the 26,516
expenses of procuring and grading the examination THE FEE TO 26,518
RESTORE AN EXPIRED CERTIFICATE OF QUALIFICATION IS THE RENEWAL 26,519
FEE FOR THE CURRENT CERTIFICATION PERIOD, PLUS THE RENEWAL FEE
FOR EACH PREVIOUS RENEWAL PERIOD IN WHICH THE CERTIFICATE WAS NOT 26,521
RENEWED, PLUS A PENALTY OF TWENTY-FIVE PER CENT OF THE TOTAL 26,522
RENEWAL FEES FOR EACH RENEWAL PERIOD OR PART THEREOF IN WHICH THE 26,523
CERTIFICATE WAS NOT RENEWED, ON THE CONDITION THAT THE MAXIMUM 26,524
FEE SHALL NOT EXCEED AN AMOUNT ESTABLISHED BY THE BOARD.
(C) The board ALSO shall establish reexamination THE 26,526
FOLLOWING fees for: 26,527
(1) THE FEE FOR TAKING OR retaking parts of the 26,530
examination described in division (C) of section 4703.34 of the 26,531
Revised Code at amounts AN AMOUNT adequate to cover the expenses 26,533
of procuring and grading such parts THE EXAMINATION PLUS A FEE 26,534
618
FOR RETAKING ALL OR PARTS OF THE REQUIRED EXAMINATION. 26,535
(D) The board shall establish the (2) THE fee to be paid 26,538
by an applicant for a certificate of qualification or duplicate 26,539
thereof, as issued to a landscape architect registered under 26,540
sections 4703.33 to 4703.38 of the Revised Code. 26,541
(E) The board shall establish the fee to be paid by an 26,543
applicant for registration under section 4703.35 of the Revised 26,544
Code. 26,545
(F) The board shall establish a (3) THE FEE FOR THE 26,548
BIENNIAL RENEWAL OF THE CERTIFICATE OF QUALIFICATION AND THE FEE 26,549
FOR A DUPLICATE RENEWAL CARD.
(4) THE fee to be charged an examinee for administering an 26,552
examination to him THE EXAMINEE on behalf of another 26,554
jurisdiction.
(G) The board shall establish the (5) THE fee for a 26,557
certificate of authorization issued under division (F) of section 26,558
4703.331 of the Revised Code and, the fee for annual renewal of a 26,559
certificate of authorization. The board shall establish, AND the 26,561
fee for a duplicate certificate of authorization. 26,563
(H) The board shall establish the fee for the annual 26,565
renewal of the certificate of qualification and the fee for a 26,566
duplicate renewal card. 26,567
(I) The fee to restore an expired certificate of 26,569
qualification shall be the renewal fee for the current year, plus 26,570
the renewal fee for each year in which the certificate was not 26,571
renewed, plus a penalty of ten per cent for each delinquent year 26,572
or part thereof; provided, however, the maximum fee shall not 26,573
exceed the combined fees and penalties for the current year and 26,574
the four previous years. 26,575
Sec. 4709.01. As used in this chapter: 26,584
(A) "The (1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 26,587
THIS SECTION, "THE practice of barbering" means any one or more 26,588
of the following when performed upon the head, neck, or face for 26,589
cosmetic purposes and when performed upon the public for pay, 26,590
619
free, or otherwise: 26,591
(1)(a) Shaving the face, shaving around the vicinity of 26,593
the ears and neckline, or trimming facial hair; 26,594
(2)(b) Cutting or styling hair; 26,596
(3)(c) Facials, skin care, or scalp massages; 26,598
(4)(d) Shampooing, bleaching, coloring, straightening, or 26,600
permanent waving hair; 26,601
(5)(e) Cutting, fitting, or forming head caps for wigs or 26,603
hair pieces; 26,604
(6) Noninvasive hair weaving. 26,606
(2) "THE PRACTICE OF BARBERING" DOES NOT INCLUDE THE 26,608
PRACTICE OF NATURAL HAIR STYLING. 26,609
(B) "Sanitary" means free of infectious agents, disease, 26,611
or infestation by insects or vermin and free of soil, dust, or 26,612
foreign material. 26,613
(C) "Barber" means any person who engages in or attempts 26,615
to engage in the practice of barbering. 26,616
(D) "Barber school" means any establishment that engages 26,618
in or attempts to engage in the teaching of the practice of 26,619
barbering. 26,620
(E) "Barber teacher" means any person who engages in or 26,622
attempts to engage in the teaching of the practice of barbering. 26,623
(F) "Assistant barber teacher" means any person who 26,625
assists a barber teacher in the teaching of the practice of 26,626
barbering. 26,627
(G) "Barber pole" means a cylinder or pole with 26,629
alternating stripes of any combination including red and white, 26,630
and red, white, and blue, which run diagonally along the length 26,631
of the cylinder or pole. 26,632
(H) "THE PRACTICE OF NATURAL HAIR STYLING" MEANS WORK DONE 26,635
FOR A FEE OR OTHER FORM OF COMPENSATION, BY ANY PERSON, UTILIZING 26,636
TECHNIQUES PERFORMED BY HAND THAT RESULT IN TENSION ON HAIR ROOTS 26,637
SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, OR 26,638
BRAIDING OF THE HAIR, AND WHICH WORK DOES NOT INCLUDE THE 26,639
620
APPLICATION OF DYES, REACTIVE CHEMICALS, OR OTHER PREPARATIONS TO 26,640
ALTER THE COLOR OR TO STRAIGHTEN, CURL, OR ALTER THE STRUCTURE OF 26,641
THE HAIR.
(I) "BRAIDING" MEANS INTERTWINING THE HAIR IN A SYSTEMATIC 26,644
MOTION TO CREATE PATTERNS IN A THREE-DIMENSIONAL FORM, INVERTING 26,645
THE HAIR AGAINST THE SCALP ALONG PART OF A STRAIGHT OR CURVED ROW 26,646
OF INTERTWINED HAIR, OR TWISTING THE HAIR IN A SYSTEMATIC MOTION, 26,647
AND INCLUDES EXTENDING THE HAIR WITH NATURAL OR SYNTHETIC HAIR 26,648
FIBERS.
Sec. 4712.01. As used in sections 4712.01 to 4712.14 of 26,657
the Revised Code: 26,658
(A) "Buyer" means an individual who is solicited to 26,660
purchase or who purchases the services of a credit services 26,661
organization for purposes other than obtaining a business loan as 26,662
described in division (B)(6) of section 1343.01 of the Revised 26,663
Code. 26,664
(B) "Consumer reporting agency" has the same meaning as in 26,666
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 26,667
1681a, as amended. 26,668
(C)(1) "Credit services organization" means any person 26,670
that charges or receives, directly from the buyer, money or other 26,671
valuable consideration readily convertible into money, and that 26,672
sells, provides, or performs, or represents that the person can 26,673
or will sell, provide, or perform, any of the following services: 26,674
(a) Improving a buyer's credit record, history, or rating; 26,676
(b) Obtaining an extension of credit for a buyer; 26,678
(c) Providing advice or assistance to a buyer in 26,680
connection with division (C)(1)(a) or (b) of this section; 26,681
(d) Removing adverse credit information that is accurate 26,683
and not obsolete from the buyer's credit record, history, or 26,684
rating; 26,685
(e) Altering the buyer's identification to prevent the 26,687
display of the buyer's credit record, history, or rating. 26,688
(2) "Credit services organization" does not include any of 26,690
621
the following: 26,691
(a) A person that makes or collects loans, to the extent 26,693
these activities are subject to licensure or registration by this 26,694
state; 26,695
(b) A mortgage broker, as defined in division (E) of 26,697
section 1322.01 of the Revised Code, that holds a valid 26,698
certificate of registration under sections 1322.01 to 1322.12 of 26,699
the Revised Code; 26,700
(c) A lender approved by the United States secretary of 26,702
housing and urban development for participation in a mortgage 26,703
insurance program under the "National Housing Act," 48 Stat. 1246 26,704
(1934), 12 U.S.C.A. 1701, as amended; 26,705
(d) A bank, savings bank, or savings and loan association, 26,707
or a subsidiary or an affiliate of a bank, savings bank, or 26,708
savings and loan association. For purposes of division (C)(2)(d) 26,709
of this section, "affiliate" has the same meaning as in division 26,710
(A) of section 1101.01 of the Revised Code and "bank," as used in 26,711
division (A) of section 1101.01 of the Revised Code, is deemed to 26,712
include a savings bank or savings and loan association. 26,713
(e) A credit union organized and qualified under Chapter 26,715
1733. of the Revised Code or the "Federal Credit Union Act," 84 26,716
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended; 26,717
(f) A budget and debt counseling service, as defined in 26,720
division (D) of section 2716.03 of the Revised Code, provided 26,721
that the service is a nonprofit organization exempt from taxation 26,722
under section 501(c)(3) of the "Internal Revenue Code of 1986," 26,723
100 Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service 26,724
is in compliance with Chapter 4710. of the Revised Code; 26,725
(g) A consumer reporting agency that is in substantial 26,727
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 26,728
15 U.S.C.A. 1681a, as amended. 26,729
(h) A mortgage banker; 26,731
(i) Any political subdivision, or any governmental or 26,733
other public entity, corporation, or agency, in or of the United 26,734
622
States or any state of the United States; 26,735
(j) A college or university, or controlled entity of a 26,737
college or university, as defined in section 1713.05 of the 26,738
Revised Code; 26,739
(k) A MOTOR VEHICLE DEALER LICENSED PURSUANT TO CHAPTER 26,741
4517. OF THE REVISED CODE OR A MOTOR VEHICLE AUCTION OWNER 26,742
LICENSED PURSUANT TO CHAPTERS 4517. AND 4707. OF THE REVISED 26,743
CODE.
(D) "Extension of credit" means the right to defer payment 26,745
of debt, or to incur debt and defer its payment, offered or 26,746
granted primarily for personal, family, or household purposes. 26,747
"Extension of credit" does not include a mortgage. 26,748
(E) "Mortgage" means any indebtedness secured by a deed of 26,750
trust, security deed, or other lien on real property. 26,751
(F) "Mortgage banker" means any person that makes, 26,753
services, or buys and sells mortgage loans and is approved by the 26,754
United States department of housing and urban development, the 26,755
United States department of veterans affairs, the federal 26,756
national mortgage association, or the federal home loan mortgage 26,757
corporation. 26,758
(G) "Superintendent of financial institutions" includes 26,760
the deputy superintendent for consumer finance as provided in 26,761
section 1181.21 of the Revised Code. 26,762
Sec. 4713.01. As used in sections 4713.01 to 4713.21 of 26,771
the Revised Code: 26,772
(A) The(1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS 26,775
SECTION, THE practice of cosmetology includes work done for pay, 26,776
free, or otherwise, by any person, which work is usually
performed by hairdressers, cosmetologists, cosmeticians, or 26,777
beauty culturists, however denominated, in beauty salons; which 26,778
work is for the embellishment, cleanliness, and beautification of 26,779
hair, wigs, and postiches, such as arranging, dressing, pressing, 26,780
curling, waving, permanent waving, cleansing, cutting, singeing, 26,781
bleaching, coloring, weaving, or similar work, and the massaging, 26,782
623
cleansing, stimulating, manipulating, exercising, or similar work 26,783
by the use of manual massage techniques or mechanical or 26,784
electrically operated apparatus or appliances, or cosmetics, 26,785
preparations, tonics, antiseptics, creams, or lotions, and of 26,786
manicuring the nails or application of artificial nails, which 26,787
enumerated practices shall be inclusive of the practice of 26,788
cosmetology, but not in limitation thereof. Sections 4713.01 to 26,789
4713.21 of the Revised Code do not permit any of the services or 26,790
arts described in this division to be used for the treatment or 26,791
cure of any physical or mental diseases or ailments. 26,792
(2) THE PRACTICE OF COSMETOLOGY DOES NOT INCLUDE EITHER OF 26,794
THE FOLLOWING: 26,795
(a) The retail sale or the trial demonstration by 26,797
application to the skin for purposes of retail sale of cosmetics, 26,798
preparations, tonics, antiseptics, creams, lotions, wigs, and 26,799
postiches shall not be considered the practice of cosmetology; 26,800
(b) THE PRACTICE OF NATURAL HAIR STYLING. 26,802
(B) "Cosmetologist," "cosmetician," "beauty culturist," 26,804
or "hairdresser," means any person who, for pay, free, or 26,805
otherwise, engages in the practice of cosmetology. 26,806
(C) "Manicurist" means any person who, for pay, free, or 26,808
otherwise, engages only in the occupation of manicuring the nails 26,809
of any person or the application of artificial or sculptured 26,810
nails, or both. 26,811
(D) "The practice of esthetics" includes work done for 26,813
pay, free, or otherwise, by any person, which work is the 26,814
application of cosmetics, tonics, antiseptics, creams, lotions, 26,815
or other preparations for the purpose of skin beautification and 26,816
includes preparation of the skin by manual massage techniques or 26,817
by use of electrical, mechanical, or other apparatus. 26,818
(E) "Esthetician" means any person who, for pay, free, or 26,820
otherwise, engages only in the practice of esthetics. 26,821
(F) "Beauty salon" means any premises, building, or part 26,823
of a building, in which any branch of cosmetology, except the 26,824
624
occupation of a manicurist when carried on in a barber shop 26,825
licensed under Chapter 4709. of the Revised Code, or the 26,826
occupation of a cosmetologist is practiced. 26,827
(G) "Student" means any person who is engaged in learning 26,829
or acquiring knowledge of the occupation of a cosmetologist, 26,830
manicurist, or esthetician in a school of cosmetology. 26,831
(H) "School of cosmetology" means any premises, building, 26,833
or part of a building in which students are instructed in the 26,834
theories and practices of cosmetology, manicuring, and esthetics. 26,835
(I) "Managing cosmetologist" means any person who has met 26,837
the requirements of division (D) of section 4713.04 of the 26,838
Revised Code, and has applied for and received a managing 26,839
cosmetologist license. 26,840
(J) "Cosmetology instructor" means any person who has met 26,842
the requirements of division (E) of section 4713.04 of the 26,843
Revised Code, and has applied for and received an instructor's 26,844
license. 26,845
(K) "Apprentice instructor" means any licensee of the 26,847
state board of cosmetology who is engaged in learning or 26,848
acquiring knowledge of the occupation of an instructor, in any 26,849
branch of cosmetology in a duly licensed school of cosmetology. 26,851
(L) "Cosmetic therapy" and "cosmetic therapist" have the 26,853
same meanings as in section 4731.15 of the Revised Code. 26,854
(M) "Nail salon" means any premises, building, or part of 26,856
a building in which manicurists engage only in the occupation of 26,857
manicuring the nails of any person or the application of 26,858
artificial or sculptured nails, or both. For administrative 26,859
purposes, a nail salon is deemed the equivalent of a beauty salon 26,860
and is subject to appropriate rules with respect to sanitation 26,861
and sterilization. A licensed manicurist may practice the 26,862
occupation of manicuring nails in a nail salon, in a beauty 26,863
salon, or in a barber shop. 26,864
(N) "Esthetics salon" means any premises, building, or 26,866
part of a building in which esthetics is performed by a person 26,867
625
licensed as a cosmetologist or esthetician. For administrative 26,868
purposes, an esthetics salon is deemed the equivalent of a beauty 26,869
salon and is subject to the appropriate rules with respect to 26,870
sanitation and sterilization. 26,871
(O) "Managing manicurist" means any person who has met the 26,873
requirements of division (H) of section 4713.04 of the Revised 26,874
Code, and has applied for and received a managing manicurist 26,875
license. 26,876
(P) "Manicurist instructor" means any person who meets the 26,878
requirements of division (L) of section 4713.04 of the Revised 26,879
Code and who has applied for and received a manicurist instructor 26,880
license. 26,881
(Q) "Managing esthetician" means any person who has met 26,883
the requirements of division (J) of section 4713.04 of the 26,884
Revised Code, and has applied for and received a managing 26,885
esthetician's license. 26,886
(R) "Esthetics instructor" means any person who meets the 26,888
requirements of division (K) of section 4713.04 of the Revised 26,889
Code and who has applied for and received an esthetics instructor 26,890
license. 26,891
(S) "Glamour photography" means the combination of a 26,893
photographic service or product with the delivery of a 26,894
cosmetology service advertised or sold to the public. 26,895
(T) "THE PRACTICE OF NATURAL HAIR STYLING" MEANS WORK DONE 26,898
FOR A FEE OR OTHER FORM OF COMPENSATION, BY ANY PERSON, UTILIZING 26,899
TECHNIQUES PERFORMED BY HAND THAT RESULT IN TENSION ON HAIR ROOTS 26,900
SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, OR 26,901
BRAIDING OF THE HAIR, AND WHICH WORK DOES NOT INCLUDE THE 26,902
APPLICATION OF DYES, REACTIVE CHEMICALS, OR OTHER PREPARATIONS TO 26,903
ALTER THE COLOR OR TO STRAIGHTEN, CURL, OR ALTER THE STRUCTURE OF 26,904
THE HAIR.
(U) "BRAIDING" MEANS INTERTWINING THE HAIR IN A SYSTEMATIC 26,907
MOTION TO CREATE PATTERNS IN A THREE-DIMENSIONAL FORM, INVERTING 26,908
THE HAIR AGAINST THE SCALP ALONG PART OF A STRAIGHT OR CURVED ROW 26,909
626
OF INTERTWINED HAIR, OR TWISTING THE HAIR IN A SYSTEMATIC MOTION, 26,910
AND INCLUDES EXTENDING THE HAIR WITH NATURAL OR SYNTHETIC HAIR 26,911
FIBERS.
Sec. 4713.10. The state board of cosmetology shall charge 26,920
and collect the following fees: 26,921
(A) For application to take the examination for a license 26,923
to practice cosmetology, or any branch thereof, twenty-one 26,924
dollars; 26,925
(B) For the re-examination of any applicant who has 26,927
previously failed to pass the examination, fourteen dollars; 26,928
(C) For the issuance or renewal of a cosmetology, 26,930
manicurist, or esthetics instructor's license, twenty-five THIRTY 26,932
dollars; 26,933
(D) For the issuance or renewal of a managing 26,935
cosmetologist's, managing manicurist's, or managing esthetician's 26,936
license, twenty THIRTY dollars; 26,937
(E) For the issuance or renewal of a cosmetology school 26,939
license, two hundred fifty dollars; 26,940
(F) For the inspection and issuance of a new beauty salon, 26,942
nail salon, or esthetics salon or the change of name or ownership 26,943
of a beauty salon, nail salon, or esthetics salon license, fifty 26,944
SIXTY dollars; 26,946
(G) For the renewal of a beauty salon, nail salon, or 26,948
esthetics salon license, forty FIFTY dollars; 26,949
(H) For the issuance or renewal of a cosmetologist's, 26,951
manicurist's, or esthetician's license, twenty THIRTY dollars; 26,952
(I) For the restoration of any lapsed license which may be 26,954
restored pursuant to section 4713.11 of the Revised Code, and in 26,955
addition to the payments required by that section, twenty THIRTY 26,956
dollars; 26,957
(J) For the issuance of a license under section 4713.09 of 26,959
the Revised Code, fifty SIXTY dollars; 26,960
(K) For the issuance of a duplicate of any license, ten 26,962
FIFTEEN dollars; 26,963
627
(L) For the preparation and mailing of a licensee's 26,965
records to another state for a reciprocity license, fifty 26,966
dollars; 26,967
(M) For the processing of any fees related to a check from 26,969
a licensee returned to the board for insufficient funds, an 26,970
additional twenty dollars.
Each applicant shall, in addition to the fees specified, 26,972
furnish his THE APPLICANT'S own models. 26,973
Sec. 4713.17. The state board of cosmetology, pursuant to 26,982
an adjudicatory hearing under (A) IN ACCORDANCE WITH Chapter 26,984
119. of the Revised Code, THE STATE BOARD OF COSMETOLOGY may 26,985
impose one or more of the following sanctions: deny, revoke, or 26,986
suspend a license or permit issued by the board or impose a fine 26,987
of not more than one hundred dollars per violation. The
sanctions may be imposed for any of the following: 26,988
(A)(1) Failure of a person operating a nail salon, beauty 26,990
salon, esthetics salon, tanning facility, or school of 26,991
cosmetology to comply with the requirements of sections 4713.01 26,992
to 4713.25 of the Revised Code; 26,993
(B)(2) Failure to comply with the sanitary rules adopted 26,995
by the board or by the department of health for the regulation of 26,996
nail salons, beauty salons, esthetics salons, schools of 26,997
cosmetology, or the practice of cosmetology; 26,998
(C)(3) Failure of a person operating a beauty salon or 27,000
nail salon where massage services are provided under section 27,001
4713.14 of the Revised Code to ensure that the person providing 27,002
the massage services complies with the sanitary rules adopted by 27,003
the board or by the department of health for the regulation of 27,004
salons; 27,005
(D)(4) Continued practice by a person knowingly having an 27,007
infectious or contagious disease; 27,008
(E)(5) Habitual drunkenness or addiction to any 27,010
habit-forming drug; 27,011
(F)(6) Willful false and fraudulent or deceptive 27,013
628
advertising;
(G)(7) Falsification of any record or application required 27,015
to be filed with the board; 27,016
(8) FAILURE TO PAY A FINE OR ABIDE BY A SUSPENSION ORDER 27,018
ISSUED BY THE BOARD. 27,019
A person who is alleged to have violated a provision of 27,021
this chapter for which the board proposes to impose a fine may 27,022
pay the board the amount of the fine and waive his right to an 27,024
adjudicatory hearing under Chapter 119. of the Revised Code.
(B) IF A PERSON FAILS TO REQUEST A HEARING WITHIN THIRTY 27,026
DAYS OF THE DATE THE BOARD, IN ACCORDANCE WITH SECTION 119.07 OF 27,027
THE REVISED CODE, NOTIFIES THE PERSON OF THE BOARD'S INTENT TO 27,029
ACT AGAINST THE PERSON UNDER DIVISION (A) OF THIS SECTION, THE 27,030
BOARD BY A MAJORITY VOTE OF A QUORUM OF THE BOARD MEMBERS MAY 27,031
TAKE THE ACTION AGAINST THE PERSON WITHOUT HOLDING AN
ADJUDICATION HEARING. 27,032
Sec. 4717.03. (A) Members of the board of embalmers and 27,042
funeral directors shall annually in July, or within thirty days 27,043
after the senate's confirmation of the new members appointed in 27,044
that year, meet and organize by selecting from among its members 27,045
a president, vice-president, and secretary-treasurer. The board 27,046
may hold other meetings as it determines necessary. A quorum of 27,047
the board consists of four members, of whom at least three shall 27,048
be members who are embalmers and funeral directors. The 27,049
concurrence of at least four members is necessary for the board 27,050
to take any action. The president and secretary-treasurer shall 27,051
sign all licenses issued under this chapter and affix the board's 27,052
seal to each license. 27,053
(B) The board may appoint an individual who is not a 27,056
member of the board to serve as executive director of the board. 27,057
The executive director serves at the pleasure of the board and 27,058
shall do all of the following:
(1) Serve as the board's chief administrative officer; 27,060
(2) Act as custodian of the board's records; 27,062
629
(3) Execute all of the board's orders. 27,064
In executing the board's orders, the executive director may 27,067
enter the premises, establishment, office, or place of business 27,068
of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and 27,069
execute any process issued by any court under this chapter. 27,070
(C) The board may employ clerical or technical staff who 27,073
are not members of the board and who serve at the pleasure of the 27,074
board to provide any clerical or technical assistance the board 27,075
considers necessary. The board may employ necessary inspectors, 27,076
who shall be licensed embalmers and funeral directors. Any 27,077
inspector employed by the board may enter the premises, 27,078
establishment, office, or place of business of any embalmer, 27,079
funeral director, or operator of a crematory facility in this
state, for the purposes of inspecting the facility and premises; 27,080
the license and registration of embalmers and funeral directors 27,081
operating in the facility; and the license of the funeral home, 27,083
embalming facility, or crematory. The inspector shall serve and 27,084
execute any process issued by any court under this chapter, serve 27,085
and execute any papers or process issued by the board or any 27,086
officer or member of the board, and perform any other duties 27,087
delegated by the board.
(D) The president of the board shall designate three of 27,090
its members to serve on the crematory review board, which is 27,091
hereby created, for such time as the president finds appropriate
to carry out the provisions of this chapter. Those members of 27,092
the crematory review board designated by the president to serve 27,093
and three members designated by the cemetery dispute resolution 27,095
commission shall designate, by a majority vote, one person who is 27,096
experienced in the operation of a crematory facility and who is
not affiliated with a cemetery or a funeral home to serve on the 27,097
crematory review board for such time as the crematory review 27,098
board finds appropriate. Members serving on the crematory review 27,099
board shall not receive any additional compensation for serving 27,100
630
on the board, but may be reimbursed for their actual and 27,101
necessary expenses incurred in the performance of official duties
as members of the board. Members of the crematory review board 27,102
shall designate one from among its members to serve as a 27,103
chairperson for such time as the board finds appropriate. Costs 27,104
associated with conducting an adjudicatory hearing in accordance 27,105
with division (E) of this section shall be paid from funds 27,106
available to the board of embalmers and funeral directors. 27,107
(E) Upon receiving written notice from the board of 27,110
embalmers and funeral directors of any of the following, the 27,111
crematory review board shall conduct an adjudicatory hearing on 27,112
the matter in accordance with Chapter 119. of the Revised Code, 27,113
except as otherwise provided in this section or division (C) of 27,115
section 4717.14 of the Revised Code: 27,116
(1) Notice provided under division (H) of this section of 27,118
an alleged violation of any provision of this chapter or any 27,119
rules adopted under this chapter, or section 1107.33 1111.19 of 27,121
the Revised Code, governing or in connection with crematory 27,125
facilities or cremation;
(2) Notice provided under division (B) of section 4717.14 27,128
of the Revised Code that the board of embalmers and funeral 27,129
directors proposes to refuse to grant or renew, or to suspend or 27,131
revoke, a license to operate a crematory facility; 27,132
(3) Notice provided under division (C) of section 4717.14 27,134
of the Revised Code that the board of embalmers and funeral 27,135
directors has issued an order summarily suspending a license to 27,136
operate a crematory facility; 27,137
(4) Notice provided under division (B) of section 4717.15 27,139
of the Revised Code that the board of embalmers and funeral 27,140
directors proposes to issue a notice of violation and order 27,141
requiring payment of a forfeiture for any violation described in 27,142
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised Code 27,145
alleged in connection with a crematory facility or cremation. 27,146
Nothing in division (E) of this section precludes the 27,148
631
crematory review board from appointing an independent examiner in 27,149
accordance with section 119.09 of the Revised Code to conduct any 27,150
adjudication hearing required under division (E) of this section. 27,151
The crematory review board shall submit a written report of 27,154
findings and advisory recommendations, and a written transcript 27,155
of its proceedings, to the board of embalmers and funeral 27,156
directors. The board of embalmers and funeral directors shall 27,157
serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to the 27,159
adjudication or the party's attorney, by certified mail, within 27,160
five days after receiving the report and advisory
recommendations. A party may file objections to the written 27,161
report with the board of embalmers and funeral directors within 27,162
ten days after receiving the report. No written report is final 27,164
or appealable until it is issued as a final order by the board of 27,165
embalmers and funeral directors and entered on the record of the 27,166
proceedings. The board of embalmers and funeral directors shall 27,167
consider objections filed by the party prior to issuing a final 27,168
order. After reviewing the findings and advisory recommendations 27,169
of the crematory review board, the written transcript of the 27,170
crematory review board's proceedings, and any objections filed by 27,171
a party, the board of embalmers and funeral directors shall issue 27,172
a final order in the matter. Any party may appeal the final 27,173
order issued by the board of embalmers and funeral directors in a 27,174
matter described in divisions (E)(1) to (4) of this section in 27,176
accordance with section 119.12 of the Revised Code, except that 27,177
the appeal may be made to the court of common pleas in the county 27,178
in which is located the crematory facility to which the final 27,179
order pertains, or in the county in which the party resides. 27,180
(F) On its own initiative or on receiving a written 27,183
complaint from any person whose identity is made known to the 27,184
board of embalmers and funeral directors, the board shall
investigate the acts or practices of any person holding or 27,186
claiming to hold a license or registration under this chapter 27,187
632
that, if proven to have occurred, would violate this chapter or 27,188
any rules adopted under it, or section 1107.33 1111.19 of the 27,189
Revised Code. The board may compel witnesses by subpoena to 27,191
appear and testify in relation to investigations conducted under 27,192
this chapter and may require by subpoena duces tecum the 27,193
production of any book, paper, or document pertaining to an 27,194
investigation. If a person does not comply with a subpoena or 27,195
subpoena duces tecum, the board may apply to the court of common 27,196
pleas of any county in this state for an order compelling the 27,197
person to comply with the subpoena or subpoena duces tecum, or 27,198
for failure to do so, to be held in contempt of court. 27,199
(G) If, as a result of its investigation conducted under 27,201
division (F) of this section, the board of embalmers and funeral 27,202
directors has reasonable cause to believe that the person 27,203
investigated is violating any provision of this chapter or any 27,204
rules adopted under this chapter, or section 1107.33 1111.19 of 27,206
the Revised Code, governing or in connection with embalming, 27,208
funeral directing, funeral homes, embalming facilities, or the 27,209
operation of funeral homes or embalming facilities, it may, after 27,210
providing the opportunity for an adjudicatory hearing, issue an
order directing the person to cease the acts or practices that 27,212
constitute the violation. The board shall conduct the 27,213
adjudicatory hearing in accordance with Chapter 119. of the 27,214
Revised Code except that, notwithstanding the provisions of that 27,215
chapter, the following shall apply: 27,216
(1) The board shall send the notice informing the person 27,219
of the person's right to a hearing by certified mail.
(2) The person is entitled to a hearing only if the person 27,221
requests a hearing and if the board receives the request within 27,222
thirty days after the mailing of the notice described in division 27,224
(G)(1) of this section.
(3) A stenographic record shall be taken, in the manner 27,226
prescribed in section 119.09 of the Revised Code, at every 27,228
adjudicatory hearing held under this section, regardless of 27,229
633
whether the record may be the basis of an appeal to a court.
(H) If, as a result of its investigation conducted under 27,232
division (F) of this section, the board of embalmers and funeral 27,233
directors has reasonable cause to believe that the person 27,234
investigated is violating any provision of this chapter or any 27,235
rules adopted under this chapter, or section 1107.33 1111.19 of 27,236
the Revised Code, governing or in connection with crematory 27,238
facilities or cremation, the board shall send written notice of 27,239
the alleged violation to the crematory review board. If, after 27,240
the conclusion of the adjudicatory hearing in the matter 27,241
conducted under division (E) of this section, the board of 27,243
embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted 27,244
under this chapter, or section 1107.33 1111.19 of the Revised 27,246
Code, governing or in connection with crematory facilities or 27,247
cremation, the board may issue a final order under that division 27,248
directing the person to cease the acts or practices that 27,249
constitute the violation. 27,250
(I) The board of embalmers and funeral directors may bring 27,252
a civil action to enjoin any violation or threatened violation of 27,253
section 1107.33 1111.19; sections 4717.01 to 4717.15 of the 27,254
Revised Code or a rule adopted under any of those sections; 27,256
division (A) or (B) of section 4717.23; division (B)(1) or (2), 27,258
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to 27,259
(K) of section 4717.26; division (D)(1) of section 4717.27; or 27,260
divisions (A) to (C) of section 4717.28 of the Revised Code. The 27,262
action shall be brought in the county where the violation 27,263
occurred or the threatened violation is expected to occur. At 27,264
the request of the board, the attorney general shall represent 27,265
the board in any matter arising under this chapter. 27,266
(J) The board of embalmers and funeral directors and the 27,268
crematory review board may issue subpoenas for funeral directors 27,270
and embalmers or persons holding themselves out as such, for 27,271
operators of crematory facilities or persons holding themselves
634
out as such, or for any other person whose testimony, in the 27,272
opinion of either board, is necessary. The subpoena shall 27,273
require the person to appear before the appropriate board or any 27,274
designated member of either board, upon any hearing conducted 27,275
under this chapter. The penalty for disobedience to the command 27,276
of such a subpoena is the same as for refusal to answer such a 27,277
process issued under authority of the court of common pleas. 27,278
(K) All moneys received by the board of embalmers and 27,280
funeral directors from any source shall be deposited in the state 27,281
treasury to the credit of the occupational licensing and 27,282
regulatory fund created in section 4743.05 of the Revised Code. 27,283
(L) The board of embalmers and funeral directors shall 27,285
submit a written report to the governor on or before the first 27,286
Monday of July of each year. This report shall contain a 27,287
detailed statement of the nature and amount of the board's 27,288
receipts and the amount and manner of its expenditures. 27,289
Sec. 4717.05. (A) Any person who desires to be licensed 27,299
as an embalmer shall apply to the board of embalmers and funeral 27,300
directors on a form provided by the board. The applicant shall 27,301
include with the application an initial license fee as set forth 27,302
in section 4717.07 of the Revised Code and evidence, verified by 27,303
oath and satisfactory to the board, that the applicant meets all 27,304
of the following requirements:
(1) The applicant is at least eighteen years of age and of 27,306
good moral character. 27,307
(2) If the applicant has pleaded guilty to, has been found 27,309
by a judge or jury to be guilty of, or has had a judicial finding 27,310
of eligibility for treatment in lieu of conviction entered 27,311
against the applicant in this state for aggravated murder, 27,312
murder, voluntary manslaughter, felonious assault, kidnapping, 27,313
rape, sexual battery, gross sexual imposition, aggravated arson, 27,314
aggravated robbery, or aggravated burglary, or has pleaded guilty 27,315
to, has been found by a judge or jury to be guilty of, or has had 27,317
a judicial finding of eligibility for treatment in lieu of
635
conviction entered against the applicant in another jurisdiction 27,318
for a substantially equivalent offense, at least five years has 27,319
elapsed since the applicant was released from incarceration, 27,320
probation, parole, or treatment in connection with the offense. 27,321
(3) The applicant holds at least a bachelor's degree or 27,323
its equivalent from a college or university authorized to confer 27,324
degrees by the Ohio board of regents or the comparable legal 27,326
agency of another state in which the college or university is 27,327
located and submits an official transcript from that college or
university with the application. 27,328
(4) The applicant has satisfactorily completed at least 27,331
twelve months of instruction in a prescribed course in mortuary 27,332
science as approved by the board, and has presented to the board 27,333
a certificate showing successful completion of the course. The 27,334
course of mortuary science college training may be completed
either before or after the completion of the educational standard 27,335
set forth in division (A)(3) of this section. 27,336
(5) The applicant has registered with the board prior to 27,338
beginning an embalmer apprenticeship. 27,339
(6) The applicant has satisfactorily completed at least 27,341
one year of apprenticeship under an embalmer licensed in this 27,342
state and has assisted that person in embalming at least 27,343
twenty-five dead human bodies. 27,344
(7) The applicant, upon meeting the educational standards 27,347
provided for in divisions (A)(3) and (4) of this section and 27,348
completing the apprenticeship required in division (A)(6) of this 27,349
section, has completed the examination for an embalmer's license 27,350
required by the board.
(B) Upon receiving satisfactory evidence verified by oath 27,353
that the applicant meets all the requirements of division (A) of 27,354
this section, the board shall issue the applicant an embalmer's 27,355
license.
(C) Any person who desires to be licensed as a funeral 27,358
director shall apply to the board on a form provided by the 27,359
636
board. The application shall include an initial license fee as 27,360
set forth in section 4717.07 of the Revised Code and evidence, 27,361
verified by oath and satisfactory to the board, that the 27,362
applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this 27,365
section, the applicant has satisfactorily met all the
requirements for an embalmer's license as described in divisions 27,366
(A)(1) to (4) of this section. 27,367
(2) The applicant has registered with the board prior to 27,369
beginning a funeral director apprenticeship. 27,370
(3) The applicant, following mortuary science college 27,372
training described in division (A)(4) of this section, has served 27,373
a one-year apprenticeship under a licensed funeral director in 27,374
this state and has assisted that person in directing at least 27,375
twenty-five funerals. 27,376
(4) The applicant has satisfactorily completed the 27,378
examination for a funeral director's license as required by the 27,379
board.
(D) In lieu of mortuary science college training required 27,382
for a funeral director's license under division (C)(1) of this 27,383
section, the applicant may substitute a two-year apprenticeship 27,384
under a licensed funeral director in this state assisting that 27,385
person in directing at least fifty funerals. 27,386
(E) Upon receiving satisfactory evidence that the 27,389
applicant meets all the requirements of division (C) of this 27,390
section, the board shall issue TO the applicant a funeral
director's license. 27,391
Sec. 4717.07. (A) The board of embalmers and funeral 27,401
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral 27,403
director's license, five dollars; 27,404
(2) For the issuance of an embalmer or funeral director 27,406
registration, twenty-five dollars; 27,407
(3) For filing an embalmer or funeral director certificate 27,409
637
of apprenticeship, ten dollars; 27,410
(4) For the application to take the examination for a 27,412
license to practice as an embalmer or funeral director, or to 27,413
retake a section of the examination, thirty-five dollars; 27,414
(5) For the renewal of an embalmer's or funeral director's 27,417
license, thirty FIFTY dollars;
(6) For the issuance and renewal of a license to operate a 27,420
funeral home, one hundred twenty-five dollars;
(7) For the reinstatement of a lapsed embalmer's or 27,422
funeral director's license, the renewal fee prescribed in 27,423
division (A)(5) of this section plus fifty dollars for each month 27,424
or portion of a month the license is lapsed until reinstatement; 27,425
(8) For the reinstatement of a lapsed license to operate a 27,428
funeral home, the renewal fee prescribed in division (A)(6) of 27,429
this section plus fifty dollars for each month or portion of a
month the license is lapsed until reinstatement; 27,430
(9) For the issuance and renewal of a license to operate 27,433
an embalming facility, one hundred dollars;
(10) For the reinstatement of a lapsed license to operate 27,436
an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or 27,437
portion of a month the license is lapsed until reinstatement; 27,438
(11) For the issuance and renewal of a license to operate 27,441
a crematory facility, one hundred dollars;
(12) For the reinstatement of a lapsed license to operate 27,444
a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or 27,445
portion of a month the license is lapsed until reinstatement; 27,446
(13) For the issuance of a duplicate of a license issued 27,448
under this chapter, four dollars. 27,449
(B) In addition to the fees set forth in division (A) of 27,452
this section, an applicant shall pay the examination fee assessed 27,453
by any examining agency the board uses for any section of an 27,454
examination required under this chapter.
638
(C) Subject to the approval of the controlling board, the 27,457
board of embalmers and funeral directors may establish fees in 27,458
excess of the amounts set forth in this section, provided that 27,459
these fees do not exceed the amounts set forth in this section by 27,460
more than fifty per cent.
Sec. 4717.13. (A) No person shall do any of the 27,470
following:
(1) Engage in the business or profession of funeral 27,472
directing unless the person is licensed as a funeral director 27,473
under this chapter, is certified as an apprentice funeral 27,474
director in accordance with rules adopted under section 4717.04 27,475
of the Revised Code and is assisting a funeral director licensed 27,477
under this chapter, or is a student in a college of mortuary
sciences approved by the board and is under the direct 27,478
supervision of a funeral director licensed by the board; 27,479
(2) Engage in embalming unless the person is licensed as 27,481
an embalmer under this chapter, is certified as an apprentice 27,482
embalmer in accordance with rules adopted under section 4717.04 27,483
of the Revised Code and is assisting an embalmer licensed under 27,484
this chapter, or is a student in a college of mortuary science 27,486
approved by the board and is under the direct supervision of an 27,487
embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the 27,490
impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this 27,491
chapter and is employed by or under contract to a licensed 27,492
funeral home and performs funeral directing services for that 27,493
funeral home in a manner consistent with the advertisement, 27,494
offering, or conveyance; 27,495
(4) Advertise or otherwise offer to provide or convey the 27,498
impression that the person provides embalming services unless the 27,499
person is licensed as an embalmer under this chapter and is
employed by or under contract to a licensed funeral home or a 27,500
licensed embalming facility and performs embalming services for 27,501
639
the funeral home or embalming facility in a manner consistent 27,502
with the advertisement, offering, or conveyance; 27,503
(5) Operate a funeral home without a license to operate 27,505
the funeral home issued by the board under this chapter; 27,506
(6) Practice the business or profession of funeral 27,508
directing from any place except from a funeral home that a person 27,509
is licensed to operate under this chapter; 27,510
(7) Practice embalming from any place except from a 27,512
funeral home or embalming facility that a person is licensed to 27,513
operate under this chapter; 27,514
(8) Operate a crematory or perform cremation without a 27,517
license to operate the crematory issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead 27,519
human bodies or body parts are cremated or cremate dead human 27,520
bodies or human body parts in a cremation chamber in which 27,521
animals are cremated.
(B) No funeral director or other person in charge of the 27,524
final disposition of a dead human body shall fail to do one of 27,526
the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag 27,528
encased in a durable and long-lasting material that contains the 27,529
name, date of birth, date of death, and social security number of 27,531
the deceased;
(2) Place in the casket a capsule containing a tag bearing 27,533
the information described in division (B)(1) of this section; 27,535
(3) If the body was cremated, place in the vessel 27,537
containing the cremated remains a tag bearing the information 27,538
described in division (B)(1) of this section. 27,540
(C) No person who holds a funeral home license for a 27,543
funeral home that is closed, or that is owned by a funeral 27,544
business in which changes in the ownership of the funeral 27,545
business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in 27,546
combination with others did not own a majority of the funeral 27,547
640
business immediately prior to the change in ownership, shall fail 27,548
to submit to the board within thirty days after the closing or 27,549
such a change in ownership of the funeral business owning the 27,550
funeral home, a clearly enumerated account of all of the 27,553
following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection 27,554
with the funeral home, was to receive payment for providing 27,555
funeral services, funeral goods, or any combination of those in 27,556
connection with the funeral or final disposition of a dead human 27,557
body: 27,558
(1) Preneed funeral contracts governed by section 1107.33 27,560
1111.19 of the Revised Code; 27,563
(2) Life insurance policies the benefits of which are 27,565
payable to the provider of funeral or burial goods or services; 27,566
(3) Accounts at banks or savings banks insured by the 27,568
federal deposit insurance corporation, savings and loan 27,569
associations insured by the federal savings and loan insurance 27,570
corporation or the Ohio deposit guarantee fund, or credit unions 27,572
insured by the national credit union administration or a credit 27,573
union share guaranty corporation organized under Chapter 1761. of 27,574
the Revised Code that are payable upon the death of the person 27,576
for whose benefit deposits into the accounts were made. 27,577
Sec. 4723.06. (A) The board of nursing shall: 27,586
(1) Administer and enforce the provisions of this chapter, 27,588
including the taking of disciplinary action for violations of 27,589
section 4723.28 of the Revised Code, any other provisions of this 27,590
chapter, or rules promulgated under Chapter 119. of the Revised 27,591
Code; 27,592
(2) Examine applicants for licensure to practice as a 27,594
registered nurse or as a licensed practical nurse; 27,595
(3) Issue and renew licenses as provided in this chapter; 27,597
(4) Define the minimum curricula and standards for 27,599
educational programs of the schools of professional nursing and 27,600
schools of practical nursing in this state; 27,601
641
(5) Survey, inspect, and grant full approval to 27,603
prelicensure nursing education programs that meet the standards 27,605
established by rules adopted under section 4723.07 of the Revised 27,606
Code. Prelicensure nursing education programs include, but are 27,607
not limited to, associate degree, baccalaureate degree, diploma, 27,608
and doctor of nursing programs leading to initial licensure to 27,609
practice nursing as a registered nurse and practical nurse 27,610
programs leading to initial licensure to practice nursing as a 27,611
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 27,613
the board, to a new prelicensure nursing education program or a 27,614
program that is being reestablished after having ceased to 27,616
operate, if the program meets and maintains the minimum standards 27,618
of the board established by rules adopted under section 4723.07 27,619
of the Revised Code. If the board does not grant conditional 27,620
approval, it shall hold a hearing under Chapter 119. of the 27,621
Revised Code to consider conditional approval of the program. If 27,622
the board grants conditional approval, at its first meeting after 27,623
the first class has completed the program, the board shall 27,624
determine whether to grant full approval to the program. If the 27,625
board does not grant full approval or if it appears that the 27,628
program has failed to meet and maintain standards established by 27,629
rules adopted under section 4723.07 of the Revised Code, the 27,630
board shall hold a hearing under Chapter 119. of the Revised Code 27,631
to consider the program. Based on results of the hearing, the 27,632
board may continue or withdraw conditional approval, or grant 27,633
full approval.
(7) Place on provisional approval, for a period of time 27,635
specified by the board, a program that has ceased to meet and 27,637
maintain the minimum standards of the board established by rules 27,638
adopted under section 4723.07 of the Revised Code. At the end of 27,639
the period, the board shall reconsider whether the program meets 27,640
the standards and shall grant full approval if it does. If it 27,642
does not, the board may withdraw approval, pursuant to a hearing 27,643
642
under Chapter 119. of the Revised Code. 27,644
(8) Approve continuing nursing education programs and 27,646
courses under standards established in rules adopted under 27,647
section 4723.07 of the Revised Code; 27,648
(9) Approve peer support programs for nurses under rules 27,650
adopted under section 4723.07 of the Revised Code; 27,651
(10) Establish the alternative program for chemically 27,653
dependent nurses in accordance with section 4723.35 of the 27,654
Revised Code;
(11) ESTABLISH THE PRACTICE INTERVENTION AND IMPROVEMENT 27,656
PROGRAM IN ACCORDANCE WITH SECTION 4723.282 OF THE REVISED CODE; 27,657
(12) Issue and renew certificates of authority to practice 27,659
nursing as a certified registered nurse anesthetist, clinical 27,661
nurse specialist, certified nurse-midwife, or certified nurse 27,662
practitioner;
(12)(13) Approve under section 4723.46 of the Revised Code 27,665
national certifying organizations for examination and 27,666
certification of certified registered nurse anesthetists, 27,667
clinical nurse specialists, certified nurse-midwives, or 27,668
certified nurse practitioners;
(13)(14) Make an annual report to the governor, which 27,670
shall be open for public inspection; 27,672
(14)(15) Maintain and have open for public inspection the 27,674
following records: 27,675
(a) A record of all its meetings and proceedings; 27,677
(b) A file of applicants for and holders of licenses, 27,679
registrations, and certificates granted under this chapter. The 27,680
file shall be maintained in the form prescribed by rule of the 27,681
board. 27,682
(c) A list of prelicensure nursing education programs 27,684
approved by the board; 27,685
(d) A list of approved peer support programs for nurses. 27,687
(B) The board may fulfill the requirement of division 27,689
(A)(8) of this section by authorizing persons who meet the 27,690
643
standards established in rules adopted under division (F) of 27,691
section 4723.07 of the Revised Code to approve continuing nursing 27,692
education programs and courses. Persons so authorized shall 27,693
approve continuing nursing education programs and courses in 27,694
accordance with standards established in rules adopted under 27,695
division (E) of section 4723.07 of the Revised Code. 27,696
Persons seeking authorization to approve continuing nursing 27,698
education programs and courses shall apply to the board and pay 27,699
the appropriate fee established under section 4723.08 of the 27,700
Revised Code. Authorizations to approve continuing nursing 27,701
education programs and courses shall expire at the end of the 27,702
two-year period beginning the date of issuance and may be renewed 27,703
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 27,712
not to exceed the following limits: 27,713
(1) For application for licensure by examination to 27,715
practice nursing as a registered nurse or as a licensed practical 27,716
nurse, fifty dollars; 27,717
(2) For application for licensure by endorsement to 27,719
practice nursing as a registered nurse or as a licensed practical 27,720
nurse, fifty dollars; 27,721
(3) For application for a certificate of authority to 27,723
practice nursing as a certified registered nurse anesthetist, 27,724
clinical nurse specialist, certified nurse-midwife, or certified 27,726
nurse practitioner, one hundred dollars; 27,727
(4) For verification of a license or certificate to 27,729
another jurisdiction, fifteen dollars; 27,731
(5) For providing a replacement copy of a license or 27,733
certificate, fifteen dollars; 27,734
(6) For biennial renewal of any license, thirty-five 27,736
dollars;
(7) For biennial renewal of a certificate of authority to 27,738
practice nursing as a certified registered nurse anesthetist, 27,739
clinical nurse specialist, certified nurse-midwife, or certified 27,741
644
nurse practitioner, one hundred dollars;
(8) For processing a late application for renewal of any 27,743
license or certificate, fifty dollars; 27,744
(9) For application for authorization to approve 27,746
continuing nursing education programs and courses from an 27,747
applicant accredited by a national accreditation system for 27,748
nursing, five hundred dollars; 27,749
(10) For application for authorization to approve 27,751
continuing nursing education programs and courses from an 27,752
applicant not accredited by a national accreditation system for 27,753
nursing, one thousand dollars; 27,754
(11) For biennial renewal of EACH YEAR FOR WHICH 27,757
authorization to approve continuing nursing education programs 27,759
and courses IS RENEWED, three ONE hundred FIFTY dollars; 27,760
(12) For written verification of a license or certificate, 27,763
other than verification to another jurisdiction, five dollars. 27,764
The board may contract for services pertaining to this 27,765
verification process and the collection of the fee, and may 27,766
permit the contractor to retain a portion of the fees as 27,767
compensation, before any amounts are deposited into the state 27,768
treasury. 27,769
(B) Each quarter, the board of nursing shall certify to 27,771
the director of budget and management the number of biennial 27,772
licenses renewed under this chapter during the preceding quarter 27,773
and the amount equal to that number times five dollars. 27,774
Sec. 4723.28. As used in this section, "dangerous drug" 27,783
and "prescription" have the same meanings as in section 4729.01 27,785
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 27,787
conducted under Chapter 119. of the Revised Code and by a vote of 27,788
a quorum, may revoke or may refuse to grant a license or 27,789
certificate to a person found by the board to have committed 27,791
fraud in passing the examination or to have committed fraud, 27,792
misrepresentation, or deception in applying for or securing any 27,793
645
license or certificate issued by the board. 27,795
(B) The board of nursing, pursuant to an adjudication 27,797
conducted under Chapter 119. of the Revised Code and by a vote of 27,798
a quorum, may impose one or more of the following sanctions: 27,799
deny, revoke permanently, suspend, or place restrictions on any 27,800
license or certificate issued by the board; reprimand or 27,802
otherwise discipline a holder of a license or certificate; or 27,803
impose a fine of not more than five hundred dollars per 27,805
violation. The sanctions may be imposed for any of the
following: 27,806
(1) Denial, revocation, suspension, or restriction of a 27,808
license to practice nursing, for any reason other than a failure 27,809
to renew, in another state or jurisdiction; or denial, 27,810
revocation, suspension, or restriction of a license to practice a 27,811
health care occupation other than nursing, for any reason other 27,812
than a failure to renew, in Ohio or another state or 27,813
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 27,815
renew a license issued under this chapter, or while a license is 27,816
under suspension; 27,817
(3) Conviction of, a plea of guilty to, or a judicial 27,819
finding of guilt of a misdemeanor committed in the course of 27,820
practice; 27,821
(4) Conviction of, a plea of guilty to, or a judicial 27,823
finding of guilt of any felony or of any crime involving gross 27,824
immorality or moral turpitude; 27,825
(5) Selling, giving away, or administering drugs for other 27,827
than legal and legitimate therapeutic purposes; or conviction of, 27,828
a plea of guilty to, or a judicial finding of guilt of violating 27,829
any municipal, state, county, or federal drug law; 27,830
(6) Conviction of, a plea of guilty to, or a judicial 27,832
finding of guilt of an act in another jurisdiction that would 27,833
constitute a felony or a crime of moral turpitude in Ohio; 27,834
(7) Conviction of, a plea of guilty to, or a judicial 27,836
646
finding of guilt of an act in the course of practice in another 27,837
jurisdiction that would constitute a misdemeanor in Ohio; 27,838
(8) Self-administering or otherwise taking into the body 27,840
any dangerous drug in any way not in accordance with a legal, 27,841
valid prescription; 27,842
(9) Habitual indulgence in the use of controlled 27,844
substances, other habit-forming drugs, or alcohol or other 27,845
chemical substances to an extent that impairs ability to 27,846
practice; 27,847
(10) Impairment of the ability to practice according to 27,849
acceptable and prevailing standards of safe nursing care because 27,850
of habitual or excessive use of drugs, alcohol, or other chemical 27,853
substances that impair the ability to practice; 27,854
(11) Impairment of the ability to practice according to 27,856
acceptable and prevailing standards of safe nursing care because 27,857
of a physical or mental disability; 27,858
(12) Assaulting or causing harm to a patient or depriving 27,860
a patient of the means to summon assistance; 27,861
(13) Obtaining or attempting to obtain money or anything 27,863
of value by intentional misrepresentation or material deception 27,864
in the course of practice; 27,865
(14) Adjudication by a probate court that the license 27,867
applicant or license holder is mentally ill or mentally 27,868
incompetent. The board may restore the license upon adjudication 27,869
by a probate court of the person's restoration to competency or 27,870
upon submission to the board of other proof of competency. 27,871
(15) The suspension or termination of employment by the 27,873
department of defense or the veterans administration of the 27,874
United States for any act that violates or would violate this 27,875
chapter; 27,876
(16) Violation of this chapter or any rules adopted under 27,878
it; 27,879
(17) Violation of any restrictions placed on a license by 27,881
the board; 27,882
647
(18) Failure to use universal blood and body fluid 27,884
precautions established by rules adopted under section 4723.07 of 27,885
the Revised Code; 27,886
(19) Failure to practice in accordance with acceptable and 27,889
prevailing standards of safe nursing care; 27,890
(20) In the case of a registered nurse, engaging in 27,892
activities that exceed the practice of nursing as a registered 27,893
nurse under section 4723.02 of the Revised Code; 27,894
(21) In the case of a licensed practical nurse, engaging 27,896
in activities that exceed the practice of nursing as a licensed 27,897
practical nurse under section 4723.02 of the Revised Code; 27,898
(22) Aiding and abetting in the unlicensed practice of 27,900
nursing; 27,901
(23) In the case of a certified registered nurse 27,903
anesthetist, clinical nurse specialist, certified nurse-midwife, 27,905
or certified nurse practitioner, or a registered nurse approved 27,906
as an advanced practice nurse under section 4723.55 of the 27,907
Revised Code, either of the following: 27,908
(a) Waiving the payment of all or any part of a deductible 27,910
or copayment that a patient, pursuant to a health insurance or 27,911
health care policy, contract, or plan that covers such nursing 27,912
services, would otherwise be required to pay if the waiver is 27,913
used as an enticement to a patient or group of patients to 27,914
receive health care services from that provider; 27,915
(b) Advertising that the nurse will waive the payment of 27,917
all or any part of a deductible or copayment that a patient, 27,918
pursuant to a health insurance or health care policy, contract, 27,919
or plan that covers such nursing services, would otherwise be 27,920
required to pay. 27,921
(24) Failure to comply with the terms and conditions of 27,923
participation in the alternative program for chemically dependent 27,925
nurses created by section 4723.35 of the Revised Code; 27,926
(25) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS 27,928
REQUIRED UNDER THE PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM 27,929
648
ESTABLISHED UNDER SECTION 4723.282 OF THE REVISED CODE; 27,930
(26) In the case of a certified registered nurse 27,932
anesthetist, clinical nurse specialist, certified nurse-midwife, 27,934
or certified nurse practitioner: 27,935
(a) Engaging in activities that exceed those permitted for 27,938
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 27,939
(b) Failure to meet the quality assurance standards 27,941
established under section 4723.07 of the Revised Code. 27,943
(26)(27) In the case of a clinical nurse specialist, 27,945
certified nurse-midwife, or certified nurse practitioner, failure 27,947
to maintain a standard care arrangement in accordance with 27,948
section 4723.431 of the Revised Code or to practice in accordance 27,949
with the standard care arrangement. 27,950
(C) If a criminal action is brought against a license 27,952
holder for an act or crime described in divisions (B)(3) to (7) 27,953
of this section and the action is dismissed by the trial court 27,954
other than on the merits, the board shall hold an adjudication 27,956
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 27,957
basis of the hearing that the license holder committed the act, 27,958
or if the license holder fails to participate in the hearing, the 27,959
board may take action as though the license holder had been 27,960
convicted of the act. 27,961
If the board takes action on the basis of a conviction, 27,963
plea of guilty, or a judicial determination of guilt as described 27,964
in divisions (B)(3) to (7) of this section that is overturned on 27,965
appeal, the license holder may, on exhaustion of the appeal 27,966
process, petition the board for reconsideration of its action. 27,967
On receipt of the petition and supporting court documents, the 27,968
board shall temporarily rescind its action. If the board 27,969
determines that the decision on appeal was a decision on the 27,970
merits, it shall permanently rescind its action. If the board 27,971
determines that the decision on appeal was not a decision on the 27,972
649
merits, it shall hold an adjudicatory hearing to determine 27,973
whether the license holder committed the act on which the 27,974
original conviction, plea, or judicial determination was based. 27,975
If the board determines on the basis of the hearing that the 27,976
license holder committed such act, or if the license holder does 27,977
not request a hearing, the board shall reinstate its action; 27,978
otherwise, the board shall permanently rescind its action. 27,979
Notwithstanding the provision of division (C)(2) of section 27,981
2953.32 of the Revised Code specifying that if records pertaining 27,982
to a criminal case are sealed under that section the proceedings 27,983
in the case shall be deemed not to have occurred, sealing of the 27,984
records of a conviction on which the board has based an action 27,985
under this section shall have no effect on the board's action or 27,986
any sanction imposed by the board under this section. 27,987
(D) In enforcing division (B) of this section, the board 27,989
may compel any individual licensed by this chapter or who has 27,990
applied for licensure to submit to a mental or physical 27,991
examination, or both, as required by the board and at the expense 27,992
of the individual. Failure of any individual to submit to a 27,993
mental or physical examination when directed constitutes an 27,994
admission of the allegations, unless the failure is due to 27,995
circumstances beyond the individual's control, and a default and 27,996
final order may be entered without the taking of testimony or 27,997
presentation of evidence. If the board finds that an individual 27,998
is impaired, the board shall require the individual to submit to 27,999
care, counseling, or treatment approved or designated by the 28,000
board, as a condition for initial, continued, reinstated, or 28,001
renewed licensure to practice. The individual shall be afforded 28,002
an opportunity to demonstrate to the board that the individual 28,003
can resume the individual's occupation in compliance with 28,005
acceptable and prevailing standards under the provisions of the 28,007
individual's license. For the purpose of this section, any 28,009
individual who is licensed by this chapter or makes application 28,010
for licensure shall be deemed to have given consent to submit to 28,011
650
a mental or physical examination when directed to do so in 28,012
writing by the board, and to have waived all objections to the 28,013
admissibility of testimony or examination reports that constitute 28,014
a privileged communication.
(E) The board shall investigate evidence that appears to 28,016
show that any person has violated any provision of this chapter 28,017
or any rule of the board. Any person may report to the board any 28,018
information the person may have that appears to show a violation 28,019
of any provision of this chapter or rule of the board. In the 28,020
absence of bad faith, any person who reports such information or 28,021
who testifies before the board in any adjudication conducted 28,023
under Chapter 119. of the Revised Code shall not be liable for 28,024
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 28,026
investigation is confidential and not subject to discovery in any 28,027
civil action, except that the board may disclose information to 28,028
law enforcement officers and government entities investigating a 28,029
person licensed by the board. No law enforcement officer or 28,030
government entity with knowledge of any information disclosed by 28,031
the board pursuant to this division shall divulge the information 28,032
to any other person or government entity except for the purpose 28,033
of an adjudication by a court or licensing or registration board 28,034
or officer to which the person to whom the information relates is
a party. 28,035
If the investigation requires a review of patient records, 28,037
the investigation and proceeding shall be conducted in such a 28,038
manner as to protect patient confidentiality. 28,039
All hearings and investigations of the board shall be 28,041
considered civil actions for the purposes of section 2305.251 of 28,042
the Revised Code. 28,043
The hearings of the board shall be conducted in accordance 28,045
with Chapter 119. of the Revised Code. The board may appoint a 28,046
hearing examiner as provided in section 119.09 to conduct any 28,047
hearing the board is empowered to hold under Chapter 119. of the 28,048
651
Revised Code. 28,049
In the absence of fraud or bad faith, neither the board nor 28,051
any current or former members, agents, representatives, or 28,052
employees of the board shall be held liable in damages to any 28,053
person as the result of any act, omission, proceeding, conduct, 28,054
or decision related to their official duties undertaken or 28,055
performed pursuant to this chapter. If a current or former 28,056
member, agent, representative, or employee requests the state to 28,057
defend the individual against any claim or action arising out of 28,058
any act, omission, proceeding, conduct, or decision related to 28,060
the individual's official duties, if the request is made in 28,062
writing at a reasonable time before trial, and if the individual 28,063
requesting defense cooperates in good faith in the defense of the 28,064
claim or action, the state shall provide and pay for such defense 28,065
and shall pay any resulting judgment, compromise, or settlement. 28,066
At no time shall the state pay that part of a claim or judgment 28,067
that is for punitive or exemplary damages. 28,068
(F) Any action taken by the board under this section 28,070
resulting in a suspension from practice shall be accompanied by a 28,071
written statement of the conditions under which the person may be 28,072
reinstated to practice. 28,073
(G) No unilateral surrender of a license issued under this 28,075
chapter shall be effective unless accepted by majority vote of 28,076
the board. No application for a license issued under this 28,077
chapter may be withdrawn without a majority vote of the board. 28,078
(H) Notwithstanding division (B)(23) of this section, 28,080
sanctions shall not be imposed against any licensee who waives 28,081
deductibles and copayments: 28,082
(1) In compliance with the health benefit plan that 28,084
expressly allows such a practice. Waiver of the deductibles or 28,085
copayments shall be made only with the full knowledge and consent 28,086
of the plan purchaser, payer, and third-party administrator. The 28,087
consent shall be made available to the board upon request. 28,088
(2) For professional services rendered to any other person 28,090
652
licensed pursuant to this chapter to the extent allowed by this 28,091
chapter and the rules of the board. 28,092
Sec. 4723.282. (A) AS USED IN THIS SECTION, "PRACTICE 28,095
DEFICIENCY" MEANS ANY ACTIVITY THAT DOES NOT MEET ACCEPTABLE AND 28,096
PREVAILING STANDARDS OF SAFE AND EFFECTIVE NURSING CARE. 28,097
(B) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING 28,099
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 28,101
AGAINST THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS 28,102
CHAPTER WHO HAS A PRACTICE DEFICIENCY THAT HAS BEEN IDENTIFIED BY 28,103
THE BOARD THROUGH AN INVESTIGATION CONDUCTED UNDER SECTION 28,104
4723.28 OF THE REVISED CODE. THE BOARD MAY ABSTAIN FROM TAKING 28,105
ACTION ONLY IF THE BOARD HAS REASON TO BELIEVE THAT THE 28,106
INDIVIDUAL'S PRACTICE DEFICIENCY CAN BE CORRECTED THROUGH 28,107
REMEDIATION, AND IF THE INDIVIDUAL ENTERS INTO AN AGREEMENT WITH 28,108
THE BOARD TO SEEK REMEDIATION AS PRESCRIBED BY THE BOARD, 28,109
COMPLIES WITH THE TERMS AND CONDITIONS OF THE REMEDIATION, AND 28,110
SUCCESSFULLY COMPLETES THE REMEDIATION. IF AN INDIVIDUAL FAILS 28,111
TO COMPLETE THE REMEDIATION OR THE BOARD DETERMINES THAT 28,112
REMEDIATION CANNOT CORRECT THE INDIVIDUAL'S PRACTICE DEFICIENCY, 28,113
THE BOARD SHALL PROCEED WITH DISCIPLINARY ACTION IN ACCORDANCE 28,114
WITH SECTION 4723.28 OF THE REVISED CODE. 28,115
(C) TO IMPLEMENT ITS AUTHORITY UNDER THIS SECTION TO 28,117
ABSTAIN FROM TAKING DISCIPLINARY ACTION, THE BOARD SHALL 28,118
ESTABLISH A PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM. THE 28,119
BOARD SHALL DESIGNATE AN ADMINISTRATOR TO OPERATE THE PROGRAM 28,120
AND, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT 28,122
RULES FOR THE PROGRAM THAT ESTABLISH THE FOLLOWING: 28,123
(1) CRITERIA FOR USE IN IDENTIFYING AN INDIVIDUAL'S 28,125
PRACTICE DEFICIENCY; 28,126
(2) REQUIREMENTS THAT AN INDIVIDUAL MUST MEET TO BE 28,128
ELIGIBLE FOR REMEDIATION AND THE BOARD'S ABSTENTION FROM 28,129
DISCIPLINARY ACTION; 28,130
(3) STANDARDS AND PROCEDURES FOR PRESCRIBING REMEDIATION 28,132
THAT IS APPROPRIATE FOR AN INDIVIDUAL'S IDENTIFIED PRACTICE 28,133
653
DEFICIENCY; 28,134
(4) TERMS AND CONDITIONS THAT AN INDIVIDUAL MUST MEET TO 28,136
BE SUCCESSFUL IN COMPLETING THE REMEDIATION PRESCRIBED; 28,137
(5) PROCEDURES FOR THE BOARD'S MONITORING OF THE 28,139
INDIVIDUAL'S REMEDIATION; 28,140
(6) PROCEDURES FOR MAINTAINING CONFIDENTIAL RECORDS 28,142
REGARDING INDIVIDUALS WHO PARTICIPATE IN REMEDIATION; 28,143
(7) ANY OTHER REQUIREMENTS OR PROCEDURES NECESSARY TO 28,145
DEVELOP AND ADMINISTER THE PROGRAM. 28,146
(D) ALL RECORDS HELD BY THE BOARD FOR PURPOSES OF THE 28,148
PROGRAM SHALL BE CONFIDENTIAL, ARE NOT PUBLIC RECORDS FOR 28,149
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND ARE NOT 28,151
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY 28,152
JUDICIAL PROCEEDING. THE ADMINISTRATOR OF THE PROGRAM SHALL 28,153
MAINTAIN ALL RECORDS IN THE BOARD'S OFFICE IN ACCORDANCE WITH THE 28,154
BOARD'S RECORD RETENTION SCHEDULE.
(E) WHEN AN INDIVIDUAL BEGINS THE REMEDIATION PRESCRIBED 28,157
BY THE BOARD, THE INDIVIDUAL SHALL SIGN A WAIVER PERMITTING ANY 28,158
ENTITY THAT PROVIDES SERVICES RELATED TO THE REMEDIATION TO 28,159
RELEASE TO THE BOARD INFORMATION REGARDING THE INDIVIDUAL'S 28,160
PROGRESS. AN ENTITY THAT PROVIDES SERVICES RELATED TO 28,161
REMEDIATION SHALL REPORT TO THE BOARD IF THE INDIVIDUAL FAILS TO 28,162
COMPLETE THE REMEDIATION.
IN THE ABSENCE OF FRAUD OR BAD FAITH, AN ENTITY THAT 28,164
REPORTS TO THE BOARD REGARDING AN INDIVIDUAL'S PRACTICE 28,165
DEFICIENCY, OR PROGRESS OR LACK OF PROGRESS IN REMEDIATION, IS 28,166
NOT LIABLE IN DAMAGES TO ANY PERSON AS A RESULT OF MAKING THE 28,167
REPORT.
(F) AN INDIVIDUAL PARTICIPATING IN REMEDIATION PRESCRIBED 28,170
UNDER THIS SECTION IS RESPONSIBLE FOR ALL FINANCIAL OBLIGATIONS 28,171
THAT MAY ARISE FROM OBTAINING OR COMPLETING THE REMEDIATION. 28,172
Sec. 4725.16. (A) Each certificate of licensure, topical 28,181
ocular pharmaceutical agents certificate, and therapeutic 28,183
pharmaceutical agents certificate issued by the state board of 28,185
654
optometry shall expire annually on the last day of December, and 28,186
may be renewed in accordance with this section and the standard 28,187
renewal procedure established under Chapter 4745. of the Revised 28,189
Code.
(B) All licensed optometrists shall annually complete 28,192
continuing education in subjects relating to the practice of 28,194
optometry, to the end that the utilization and application of new 28,195
techniques, scientific and clinical advances, and the 28,196
achievements of research will assure comprehensive care to the 28,197
public. The board shall prescribe by rule the continuing 28,198
optometric education that licensed optometrists must complete. 28,199
The length of study shall be determined by the board but shall be 28,201
not less than six nor more than twenty-five clock hours each 28,202
year, except that the board shall prescribe an additional five 28,204
clock hours of instruction in pharmacology to be completed by 28,206
optometrists who hold topical ocular pharmaceutical agents 28,207
certificates or therapeutic pharmaceutical agents certificates. 28,208
Unless the continuing education required under this 28,210
division is waived or deferred under division (D) of this 28,211
section, the continuing education must be completed during the 28,212
twelve-month period beginning on the first day of October and 28,214
ending on the last day of September. If the board receives 28,215
notice from a continuing education program indicating that an 28,216
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 28,217
education completed after that day to renew the license that 28,218
expires on the last day of December of that year, the optometrist 28,220
shall pay the penalty specified under section 4725.34 of the 28,221
Revised Code for late completion of continuing education. 28,222
At least once annually, the board shall mail to each 28,225
licensed optometrist a list of courses approved in accordance 28,226
with standards prescribed by board rule. Upon the request of a 28,227
licensed optometrist, the executive director of the board shall 28,229
supply a list of additional courses that the board has approved 28,231
655
subsequent to the most recent mailing of the list of approved 28,232
courses.
(C) Annually, by the first day of November, the board 28,235
shall mail to each licensed optometrist a notice regarding 28,236
license renewal and an application for license renewal. The 28,237
application shall be in such form and require such pertinent 28,238
professional biographical data as the board may require. Filing 28,239
of the application with the board shall serve as notice by the 28,240
optometrist that the continuing optometric education requirement 28,242
has been successfully completed.
If the board finds that the optometrist has not completed 28,244
the required continuing optometric education, the board shall 28,246
disapprove the optometrist's application. All other applications 28,248
shall be approved. The board shall refuse to accept an 28,249
application for renewal from any applicant whose license is not
in good standing or who is under disciplinary review pursuant to 28,250
section 4725.19 of the Revised Code. 28,251
The board's order of disapproval for renewal shall be 28,253
effective without a hearing unless a hearing is requested 28,256
pursuant to Chapter 119. of the Revised Code. Notice of the 28,258
applicant's failure to qualify for renewal shall be served upon 28,259
the applicant by mail, which shall be sent on or before the 28,261
fifteenth day of November to the address shown in the board's 28,263
records.
(D) In cases of certified illness or undue hardship, the 28,265
board may waive or defer for up to twelve months the requirement 28,267
of continuing optometric education, except that in such cases the 28,269
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 28,270
topical ocular pharmaceutical agents certificates or therapeutic 28,271
pharmaceutical agents certificates. The board shall waive the 28,272
requirement of continuing optometric education for any 28,273
optometrist who is serving in the armed forces of the United 28,274
States or who has received an initial certificate of licensure 28,276
656
during the nine-month period which ended on the last day of 28,277
September.
(E) An optometrist who desires to continue the practice of 28,281
optometry and whose application for license renewal has been 28,282
approved by the board may renew each certificate held by paying 28,283
the fees for renewal specified under section 4725.34 of the 28,284
Revised Code. The optometrist shall pay the fees on or before 28,285
the first day of January to the treasurer of state. On payment 28,287
of the renewal fees, the board shall issue a renewal of the 28,288
optometrist's certificate of licensure, topical ocular 28,289
pharmaceutical agents certificate, and therapeutic pharmaceutical 28,290
agents certificate, as appropriate. 28,291
(F) A notice shall be sent to every licensed optometrist 28,295
who fails to respond to the notice provided under division (C) of 28,296
this section, at the optometrist's last address, at least one 28,298
month in advance of the date of expiration. A second notice 28,300
shall be sent in advance of the date of expiration and prior to 28,301
any action under division (G) of this section to classify the 28,302
optometrist's certificates as delinquent, to every optometrist 28,303
failing to respond to the preceding notice. 28,304
(G)(1) The failure of an optometrist to apply for license 28,307
renewal or the failure to pay the applicable annual renewal fees 28,309
on or before the last day of December of each year, shall 28,310
automatically work a forfeiture of the optometrist's authority to 28,312
practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's 28,313
records as delinquent. 28,314
(2) Any optometrist subject to delinquent classification 28,317
may submit a written application to the board for reinstatement. 28,319
For reinstatement to occur, the applicant must meet all of the 28,320
following conditions:
(a) Submit to the board evidence of compliance with board 28,323
rules requiring continuing optometric education in a sufficient 28,324
number of hours to make up for any delinquent compliance; 28,325
657
(b) Pay all delinquent annual THE renewal fees FOR THE 28,328
YEAR IN WHICH APPLICATION FOR REINSTATEMENT IS MADE and the 28,329
penalty for reinstatement FEE specified under DIVISION (A)(7) OF 28,330
section 4725.34 of the Revised Code; 28,331
(c) Pass all or part of the licensing examination accepted 28,334
by the board under section 4725.11 of the Revised Code as the 28,335
board considers appropriate to determine whether the application 28,336
for reinstatement should be approved; 28,337
(d) If the applicant has been practicing optometry in 28,339
another state or country, submit evidence that the applicant's 28,340
license to practice optometry in the other state or country is in 28,342
good standing.
(3) The board shall approve an application for 28,344
reinstatement if the conditions specified in division (G)(2) of 28,346
this section are met. An optometrist who receives reinstatement 28,347
is subject to the continuing education requirements specified 28,348
under division (B) of this section for the year in which 28,349
reinstatement occurs. 28,350
Sec. 4725.17. (A) An optometrist who intends not to 28,359
continue practicing optometry in this state due to retirement or 28,360
a decision to practice in another state or country may apply to 28,361
the state board of optometry to have the certificates issued to 28,362
the optometrist placed on inactive status. Application for 28,363
inactive status shall consist of a written notice to the board of 28,365
the optometrist's intention to no longer practice in this state. 28,366
The board may not accept an application submitted after the 28,367
applicant's certificate of licensure and any other certificates 28,368
have expired. The board may approve an application for placement 28,369
on inactive status only if the applicant's certificates are in 28,371
good standing and the applicant is not under disciplinary review 28,372
pursuant to section 4725.19 of the Revised Code. 28,373
(B) An individual whose certificates have been placed on 28,375
inactive status may submit a written application to the board for 28,376
reinstatement. For reinstatement to occur, the applicant must 28,378
658
meet all of the following conditions: 28,379
(1) Pay the renewal fees for that THE year IN WHICH 28,381
APPLICATION FOR REINSTATEMENT IS MADE and the reinstatement fee 28,382
specified under DIVISION (A)(8) OF section 4725.34 of the Revised 28,384
Code; 28,385
(2) Pass all or part of the licensing examination accepted 28,387
by the board under section 4725.11 of the Revised Code as the 28,389
board considers appropriate to determine whether the application 28,390
for reinstatement should be approved;
(3) If the applicant has been practicing optometry in 28,392
another state or country, submit evidence of being in the active 28,393
practice OF optometry in the other state or country and evidence 28,394
that the applicant's license to practice in the other state or 28,395
country is in good standing. 28,396
(C) The board shall approve an application for 28,398
reinstatement if the conditions specified in division (B) of this 28,400
section are met. An optometrist who receives reinstatement is 28,402
subject to the continuing education requirements specified under 28,403
section 4725.16 of the Revised Code for the year in which 28,404
reinstatement occurs.
Sec. 4729.54. (A) As used in this section: 28,413
(1) "Category I" means single-dose injections of 28,415
intravenous fluids, including saline, Ringer's lactate, five per 28,416
cent dextrose and distilled water, and other intravenous fluids 28,417
or parenteral solutions included in this category by rule of the 28,418
board of pharmacy, that have a volume of one hundred milliliters 28,419
or more and that contain no added substances, or single-dose 28,420
injections of epinephrine to be administered pursuant to sections 28,421
4765.38 and 4765.39 of the Revised Code. 28,422
(2) "Category II" means any dangerous drug that is not 28,424
included in category I or III. 28,425
(3) "Category III" means any controlled substance that is 28,427
contained in schedule I, II, III, IV, or V. 28,428
(4) "Emergency medical service organization" has the same 28,430
659
meaning as in section 4765.01 of the Revised Code. 28,431
(5) "Person" includes an emergency medical service 28,433
organization. 28,434
(6) "Schedule I, schedule II, schedule III, schedule IV, 28,436
and schedule V" mean controlled substance schedules I, II, III, 28,437
IV, and V, respectively, as established pursuant to section 28,438
3719.41 of the Revised Code and as amended. 28,439
(B) A person who desires to be licensed as a terminal 28,441
distributor of dangerous drugs shall file with the executive 28,442
director of the board of pharmacy a verified application that 28,443
contains the following: 28,444
(1) Information that the board requires relative to the 28,446
qualifications of a terminal distributor of dangerous drugs set 28,447
forth in section 4729.55 of the Revised Code; 28,448
(2) A statement that the person wishes to be licensed as a 28,450
category I, category II, category III, limited category I, 28,451
limited category II, or limited category III terminal distributor 28,452
of dangerous drugs; 28,453
(3) If the person wishes to be licensed as a limited 28,455
category I, limited category II, or limited category III terminal 28,456
distributor of dangerous drugs, a notarized list of the dangerous 28,457
drugs that the person wishes to possess, have custody or control 28,458
of, and distribute, which list shall also specify the purpose for 28,459
which those drugs will be used and their source; 28,460
(4) If the person is an emergency medical service 28,462
organization, the information that is specified in division 28,463
(C)(1) of this section; 28,464
(5) Except for an emergency medical service organization, 28,466
the identity of the one establishment or place at which the 28,467
person intends to engage in the sale or other distribution of 28,468
dangerous drugs at retail, and maintain possession, custody, or 28,469
control of dangerous drugs for purposes other than the person's 28,470
own use or consumption. 28,471
(C)(1) An emergency medical service organization that 28,473
660
wishes to be licensed as a terminal distributor of dangerous 28,474
drugs shall list in its application for licensure the following 28,475
additional information: 28,476
(a) The units under its control that the organization 28,478
determines will possess dangerous drugs for the purpose of 28,479
administering emergency medical services in accordance with 28,480
Chapter 4765. of the Revised Code; 28,481
(b) With respect to each such unit, whether the dangerous 28,483
drugs that the organization determines the unit will possess are 28,484
in category I, II, or III. 28,485
(2) An emergency medical service organization that is 28,487
licensed as a terminal distributor of dangerous drugs shall file 28,488
a new application for such licensure if there is any change in 28,489
the number, or location of, any of its units or any change in the 28,490
category of the dangerous drugs that any unit will possess. 28,491
(3) A unit listed in an application for licensure pursuant 28,493
to division (C)(1) of this section may obtain the dangerous drugs 28,494
it is authorized to possess from its emergency medical service 28,495
organization or, on a replacement basis, from a hospital 28,496
pharmacy. If units will obtain dangerous drugs from a hospital 28,497
pharmacy, the organization shall file, and maintain in current 28,498
form, the following items with the pharmacist who is responsible 28,499
for the hospital's terminal distributor of dangerous drugs 28,500
license: 28,501
(a) A copy of its standing orders or protocol; 28,503
(b) A list of the personnel employed or used by the 28,505
organization to provide emergency medical services in accordance 28,506
with Chapter 4765. of the Revised Code, who are authorized to 28,507
possess the drugs, which list also shall indicate the personnel 28,508
who are authorized to administer the drugs. 28,509
(D) Each emergency medical service organization that 28,511
applies for a terminal distributor of dangerous drugs license 28,512
shall submit with its application the following: 28,513
(1) A notarized copy of its standing orders or protocol, 28,515
661
which orders or protocol shall be signed by a physician and 28,516
specify the dangerous drugs that its units may carry, expressed 28,517
in standard dose units; 28,518
(2) A list of the personnel employed or used by the 28,520
organization to provide emergency medical services in accordance 28,521
with Chapter 4765. of the Revised Code. 28,522
An emergency medical service organization that is licensed 28,524
as a terminal distributor shall notify the board immediately of 28,525
any changes in its standing orders or protocol. 28,526
(E) There shall be six categories of terminal distributor 28,528
of dangerous drugs licenses, which categories shall be as 28,529
follows: 28,530
(1) Category I license. A person who obtains this license 28,532
may possess, have custody or control of, and distribute only the 28,533
dangerous drugs described in category I. 28,534
(2) Limited category I license. A person who obtains this 28,536
license may possess, have custody or control of, and distribute 28,537
only the dangerous drugs described in category I that were listed 28,538
in the application for licensure. 28,539
(3) Category II license. A person who obtains this 28,541
license may possess, have custody or control of, and distribute 28,542
only the dangerous drugs described in category I and category II. 28,543
(4) Limited category II license. A person who obtains 28,545
this license may possess, have custody or control of, and 28,546
distribute only the dangerous drugs described in category I or 28,547
category II that were listed in the application for licensure. 28,548
(5) Category III license. A person who obtains this 28,550
license may possess, have custody or control of, and distribute 28,551
the dangerous drugs described in category I, category II, and 28,552
category III. 28,553
(6) Limited category III license. A person who obtains 28,555
this license may possess, have custody or control of, and 28,556
distribute only the dangerous drugs described in category I, 28,557
category II, or category III that were listed in the application 28,558
662
for licensure. 28,559
(F) Except for an application made on behalf of an animal 28,561
shelter, if an applicant for licensure as a limited category I, 28,562
II, or III terminal distributor of dangerous drugs intends to 28,563
administer dangerous drugs to a person or animal, the applicant 28,564
shall submit, with the application, a notarized copy of its 28,565
protocol or standing orders, which protocol or orders shall be 28,566
signed by a licensed health professional authorized to prescribe 28,568
drugs, specify the dangerous drugs to be administered, and list 28,569
personnel who are authorized to administer the dangerous drugs in 28,570
accordance with federal law or the law of this state. An 28,571
application made on behalf of an animal shelter shall include a 28,572
notarized list of the dangerous drugs to be administered to
animals and the personnel who are authorized to administer the 28,573
drugs to animals in accordance with section 4729.532 of the 28,574
Revised Code. After obtaining a terminal distributor license, a 28,575
licensee shall notify the board immediately of any changes in its 28,576
protocol or standing orders, or in such personnel. 28,577
(G)(1) Except as provided in division (G)(2) of this 28,580
seciton SECTION, each applicant for licensure as a terminal 28,582
distributor of dangerous drugs shall submit, with the 28,583
application, a license fee determined as follows: 28,584
(a) For a category I or limited category I license, 28,586
forty-five dollars; 28,587
(b) For a category II or limited category II license, one 28,590
hundred twelve dollars and fifty cents;
(c) For a category III or limited category III license, 28,592
one hundred fifty dollars. 28,593
(2) For a professional association, corporation, 28,595
partnership, or limited liability company organized for the 28,596
purpose of practicing veterinary medicine, the fee shall be five 28,597
FORTY dollars. 28,598
Fees assessed under divisions (G)(1) and (2) of this 28,601
section shall not be returned if the applicant fails to qualify 28,602
663
for registration.
(H)(1) The board shall issue a terminal distributor of 28,604
dangerous drugs license to each person who submits an application 28,605
for such licensure in accordance with this section, pays the 28,606
required license fee, is determined by the board to meet the 28,607
requirements set forth in section 4729.55 of the Revised Code, 28,608
and satisfies any other applicable requirements of this section. 28,609
(2) The license of a person other than an emergency 28,611
medical service organization shall describe the one establishment 28,612
or place at which the licensee may engage in the sale or other 28,613
distribution of dangerous drugs at retail and maintain 28,614
possession, custody, or control of dangerous drugs for purposes 28,615
other than the licensee's own use or consumption. The one 28,616
establishment or place shall be that which is described in the 28,618
application for licensure. 28,619
No such license shall authorize or permit the terminal 28,621
distributor of dangerous drugs named in it to engage in the sale 28,622
or other distribution of dangerous drugs at retail or to maintain 28,623
possession, custody, or control of dangerous drugs for any 28,624
purpose other than the distributor's own use or consumption, at 28,626
any establishment or place other than that described in the 28,627
license, except that an agent or employee of an animal shelter 28,628
may possess and use dangerous drugs in the course of business as 28,629
provided in division (D) of section 4729.532 of the Revised Code. 28,630
(3) The license of an emergency medical service 28,632
organization shall cover and describe all the units of the 28,635
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 28,637
drugs shall indicate, on its face, the category of licensure. If 28,638
the license is a limited category I, II, or III license, it shall 28,639
specify, and shall authorize the licensee to possess, have 28,640
custody or control of, and distribute only, the dangerous drugs 28,641
that were listed in the application for licensure. 28,642
(I) All licenses issued pursuant to this section shall be 28,644
664
effective for a period of twelve months from the first day of 28,645
January of each year. A license shall be renewed by the board 28,646
for a like period, annually, according to the provisions of this 28,647
section, and the standard renewal procedure of Chapter 4745. of 28,648
the Revised Code. A person who desires to renew a license shall 28,649
submit an application for renewal and pay the required fee on or 28,650
before the thirty-first day of December each year. The fee 28,652
required for the renewal of a license shall be the same as the 28,653
fee paid for the license being renewed, and shall accompany the 28,654
application for renewal. 28,655
A license that has not been renewed during December in any 28,657
year and by the first day of February of the following year may 28,658
be reinstated only upon payment of the required renewal fee and a 28,659
penalty fee of fifty-five dollars. 28,660
(J)(1) No emergency medical service organization that is 28,662
licensed as a terminal distributor of dangerous drugs shall fail 28,663
to comply with division (C)(2) or (3) of this section. 28,664
(2) No emergency medical service organization that is 28,666
licensed as a terminal distributor of dangerous drugs shall fail 28,667
to comply with division (D) of this section. 28,668
(3) No licensed terminal distributor of dangerous drugs 28,670
shall possess, have custody or control of, or distribute 28,671
dangerous drugs that the terminal distributor is not entitled to 28,672
possess, have custody or control of, or distribute by virtue of 28,673
its category of licensure. 28,674
(4) No licensee that is required by division (F) of this 28,676
section to notify the board of changes in its protocol or 28,677
standing orders, or in personnel, shall fail to comply with that 28,678
division. 28,679
Sec. 4730.11. If the state medical board determines under 28,689
section 4730.10 of the Revised Code that an applicant meets the 28,691
requirements for a certificate of registration as a physician
assistant, the secretary of the board shall register the 28,693
applicant as a physician assistant and issue to the applicant a 28,695
665
certificate of registration as a physician assistant. The 28,697
certificate shall expire biennially and may be renewed in 28,698
accordance with section 4730.12 of the Revised Code.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 28,700
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 28,701
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 28,702
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 28,703
CERTIFICATE SHALL BE THIRTY-FIVE DOLLARS.
Sec. 4731.281. (A) On or before the deadline established 28,712
under division (B) of this section for applying for renewal of a 28,714
certificate of registration, each person holding a certificate 28,716
under this chapter to practice medicine and surgery, osteopathic 28,717
medicine and surgery, or podiatry shall certify to the state 28,718
medical board that in the preceding two years the person has 28,719
completed one hundred hours of continuing medical education. The 28,720
certification shall be made upon the application for biennial 28,721
registration submitted pursuant to division (B) of this section. 28,724
The board shall adopt rules providing for pro rata reductions by 28,725
month of the number of hours of continuing education required for 28,727
persons who are in their first registration period, who have a
registration period of less than two years due to initial 28,728
implementation of the staggered renewal schedule established 28,729
under division (B) of this section, who have been disabled due to 28,731
illness or accident, or who have been absent from the country. 28,732
In determining whether a course, program, or activity 28,734
qualifies for credit as continuing medical education, the board 28,735
shall approve all continuing medical education taken by persons 28,737
holding a certificate to practice medicine and surgery that is 28,738
certified by the Ohio state medical association, all continuing 28,739
medical education taken by persons holding a certificate to 28,740
practice osteopathic medicine and surgery that is certified by 28,741
the Ohio osteopathic association, and all continuing medical 28,743
education taken by persons holding a certificate to practice 28,744
podiatry that is certified by the Ohio podiatric medical 28,746
666
association. Each person holding a certificate to practice under 28,748
this chapter shall be given sufficient choice of continuing 28,749
education programs to ensure that the person has had a reasonable 28,750
opportunity to participate in continuing education programs that 28,752
are relevant to the person's medical practice in terms of subject 28,754
matter and level.
The board may require a random sample of persons holding a 28,757
certificate to practice under this chapter to submit materials 28,758
documenting completion of the continuing medical education 28,759
requirement during the preceding registration period, but this 28,760
provision shall not limit the board's authority to investigate 28,761
pursuant to section 4731.22 of the Revised Code. 28,762
(B)(1) Every person holding a certificate under this 28,764
chapter to practice medicine and surgery, osteopathic medicine 28,765
and surgery, or podiatry wishing to renew that certificate shall 28,766
apply to the board for a certificate of registration upon an 28,768
application furnished by the board, and pay to the board at the 28,769
time of application a fee of two THREE hundred seventy-five FIVE 28,770
dollars, according to the following schedule: 28,771
(a) Persons whose last name begins with the letters "A" 28,773
through "B," on or before April 1, 2001, and the first day of 28,774
April of every odd-numbered year thereafter; 28,775
(b) Persons whose last name begins with the letters "C" 28,777
through "D," on or before January 1, 2001, and the first day of 28,778
January of every odd-numbered year thereafter; 28,779
(c) Persons whose last name begins with the letters "E" 28,782
through "G," on or before October 1, 2000, and the first day of 28,785
October of every even-numbered year thereafter; 28,786
(d) Persons whose last name begins with the letters "H" 28,789
through "K," on or before July 1, 2000, and the first day of July 28,792
of every even-numbered year thereafter; 28,793
(e) Persons whose last name begins with the letters "L" 28,796
through "M," on or before April 1, 2000, and the first day of 28,799
April of every even-numbered year thereafter; 28,800
667
(f) Persons whose last name begins with the letters "N" 28,803
through "R," on or before January 1, 2000, and the first day of 28,806
January of every even-numbered year thereafter; 28,807
(g) Persons whose last name begins with the letter "S," on 28,810
or before October 1, 1999, and the first day of October of every 28,812
odd-numbered year thereafter; 28,813
(h) Persons whose last name begins with the letters "T" 28,816
through "Z," on or before July 1, 1999, and the first day of July 28,817
of every odd-numbered year thereafter. 28,818
The board shall deposit the fee in accordance with section 28,821
4731.24 of the Revised Code, except that, until July 30, 2001, 28,823
the board shall deposit twenty dollars of the fee into the state 28,824
treasury to the credit of the physician loan repayment fund 28,825
created by section 3702.78 of the Revised Code. 28,826
(2) The board shall mail or cause to be mailed to every 28,829
person registered to practice medicine and surgery, osteopathic 28,830
medicine and surgery, or podiatry, an application for 28,831
registration addressed to the person's last known post-office 28,832
address or may cause the application to be sent to the person 28,834
through the secretary of any recognized medical, osteopathic, or 28,835
podiatric society, according to the following schedule: 28,837
(a) To persons whose last name begins with the letters "A" 28,839
through "B," on or before January 1, 2001, and the first day of 28,841
January of every odd-numbered year thereafter; 28,842
(b) To persons whose last name begins with the letters "C" 28,845
through "D," on or before October 1, 2000, and the first day of 28,848
October of every even-numbered year thereafter; 28,849
(c) To persons whose last name begins with the letters "E" 28,852
through "G," on or before July 1, 2000, and the first day of July 28,855
of every even-numbered year thereafter; 28,856
(d) To persons whose last name begins with the letters "H" 28,859
through "K," on or before April 1, 2000, and the first day of 28,862
April of every even-numbered year thereafter; 28,863
(e) To persons whose last name begins with the letters "L" 28,866
668
through "M," on or before January 1, 2000, and the first day of 28,869
January of every even-numbered year thereafter; 28,870
(f) To persons whose last name begins with the letters "N" 28,873
through "R," on or before October 1, 1999, and the first day of 28,876
October of every odd-numbered year thereafter; 28,877
(g) To persons whose last name begins with the letter "S," 28,880
on or before July 1, 1999, and the first day of July of every 28,882
odd-numbered year thereafter; 28,883
(h) To persons whose last name begins with the letters "T" 28,886
through "Z," on or before April 1, 1999, and the first day of 28,889
April of every odd-numbered year thereafter. 28,890
Failure of any person to receive an application from the 28,893
board shall not excuse the person from the requirements contained 28,894
in this section. The application shall contain proper spaces for 28,895
the applicant's signature and the insertion of the required 28,896
information, including a statement that the person has fulfilled 28,898
the continuing education requirements imposed by this section. 28,899
The applicant shall write or cause to be written upon the 28,901
application so furnished the applicant's full name, principal 28,903
practice address and residence address, the number of the 28,905
applicant's certificate to practice, and any other facts for the 28,907
identification of the applicant as a person holding a certificate 28,908
to practice under this chapter as the board considers necessary. 28,909
The applicant shall include with the application a list of the 28,910
names and addresses of any clinical nurse specialists, certified 28,911
nurse-midwives, or certified nurse practitioners with whom the 28,912
applicant is currently collaborating, as defined in section 28,913
4723.02 of the Revised Code. The applicant shall execute and 28,916
deliver the application to the board by mail or in person. Every 28,917
person registered under this section shall give written notice to 28,918
the board of any change of principal practice address or 28,919
residence address or in the list within thirty days of the 28,920
change.
The applicant shall report any criminal offense that 28,922
669
constitutes grounds for refusal of registration under section 28,923
4731.22 of the Revised Code to which the applicant has pleaded 28,924
guilty, of which the applicant has been found guilty, or for 28,927
which the applicant has been found eligible for treatment in lieu 28,928
of conviction, since last signing an application for a 28,930
certificate of registration.
(C) The board shall issue to any person holding a 28,932
certificate under this chapter to practice medicine and surgery, 28,933
osteopathic medicine and surgery, or podiatry, upon application 28,934
and qualification therefor in accordance with this section, a 28,935
certificate of registration under the seal of the board. A 28,936
certificate of registration shall be valid for a two-year period, 28,937
commencing on the first day of the third month after the 28,939
registration fee is due and expiring on the last day of the month 28,941
two years thereafter. 28,942
The board shall publish and cause to be mailed to each 28,946
person registered under this section, upon request, a printed 28,947
list of the persons so registered.
(D) Failure of any certificate holder to register and 28,949
comply with this section shall operate automatically to suspend 28,950
the holder's certificate to practice. Continued practice after 28,953
the suspension of the certificate to practice shall be considered 28,954
as practicing in violation of section 4731.41, 4731.43, or 28,956
4731.60 of the Revised Code. Subject to section 4731.222 of the 28,957
Revised Code, the board shall reinstate a certificate to practice 28,958
for failure to register upon an applicant's submission of the 28,959
biennial registration fee, the applicable monetary penalty, and 28,961
certification by signature of the applicant that the applicant 28,962
has completed the requisite continuing medical education. The 28,963
penalty for reinstatement shall be fifty dollars if the 28,965
certificate has been suspended for two years or less and one 28,966
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 28,967
accordance with section 4731.24 of the Revised Code. 28,969
670
(E) If an individual certifies completion of the number of 28,971
hours and type of continuing medical education required to 28,973
receive a certificate of registration or reinstatement of a 28,974
certificate to practice, and the board finds through the random 28,975
samples it conducts under this section or through any other means 28,976
that the individual did not complete the requisite continuing 28,977
medical education, the board may impose a civil penalty of not 28,978
more than five thousand dollars. The board's finding shall be 28,979
made pursuant to an adjudication under Chapter 119. of the 28,980
Revised Code and by an affirmative vote of not fewer than six 28,982
members.
A civil penalty imposed under this division may be in 28,984
addition to or in lieu of any other action the board may take 28,985
under section 4731.22 of the Revised Code. The board shall 28,987
deposit civil penalties in accordance with section 4731.24 of the 28,988
Revised Code.
(F) The state medical board may obtain information not 28,990
protected by statutory or common law privilege from courts and 28,991
other sources concerning malpractice claims against any person 28,992
holding a certificate to practice under this chapter or 28,993
practicing as provided in section 4731.36 of the Revised Code. 28,994
Sec. 4732.05. The members of the state board of psychology 29,003
AND THE MEMBERS OF THE SCHOOL PSYCHOLOGY EXAMINATION COMMITTEE 29,004
shall receive an amount fixed under division (J) of section 29,005
124.15 of the Revised Code for each day employed in the discharge 29,006
of their official duties, and their necessary expenses while 29,007
engaged therein.
Sec. 4732.14. On or before the thirty-first day of August 29,016
of each even-numbered year, each person licensed by the state 29,017
board of psychology shall register with the board on a form 29,018
prescribed by the board, giving his THE PERSON'S name, address, 29,019
license number, the continuing education information required by 29,021
section 4732.141 of the Revised Code, and such other reasonable 29,022
information as the board requires, and pay to the board secretary 29,024
671
a biennial registration fee in an amount determined by the board, 29,025
but not to exceed two hundred SEVENTY-FIVE dollars IN FISCAL YEAR 29,026
2000 AND THREE HUNDRED FIFTY DOLLARS IN EACH FISCAL YEAR 29,027
THEREAFTER. A person licensed for the first time on or before 29,029
the thirty-first day of August of an even-numbered year shall 29,030
next be required to register on or before the thirty-first day of 29,031
August of the next even-numbered year.
Before the first day of August of each even-numbered year, 29,034
the secretary shall send a notice to each licensed psychologist 29,035
and licensed school psychologist, whether a resident or not, at 29,036
the licensed psychologist's or licensed school psychologist's 29,037
last known address, that the licensed psychologist's or licensed 29,038
school psychologist's biennial registration form and fee are due 29,039
on or before the last day of August. Before the fifteenth day of 29,040
September of such years, the secretary shall send a second notice 29,041
to each such person who has not paid the registration fee or 29,042
registered with the board as required by this section. A license 29,044
of any licensed psychologist or licensed school psychologist 29,045
shall automatically be suspended if the biennial registration fee 29,046
is not paid or the registration form is not received on or before 29,047
the thirtieth day of September of a renewal year. Within five 29,048
years thereafter, the board may reinstate any license so 29,049
suspended upon payment of the current registration fee and a 29,050
penalty not to exceed fifty dollars, as determined by the board, 29,051
and receipt of the registration form completed by the registrant 29,052
in accordance with this section and section 4732.141 of the 29,053
Revised Code or in accordance with any modifications authorized 29,054
by the board under division (F) of section 4732.141 of the 29,055
Revised Code. The board may by rule waive the payment of the
registration fee and completion of the continuing psychology 29,056
education required by section 4732.141 of the Revised Code by a 29,057
licensed psychologist or licensed school psychologist when the 29,058
licensed psychologist or licensed school psychologist is on 29,059
active duty in the armed forces of the United States. 29,060
672
Each licensed psychologist and licensed school psychologist 29,062
shall notify the secretary of any change in the licensed 29,063
psychologist's or licensed school psychologist's office address 29,064
or employment within ninety days of such change. 29,065
Sec. 4735.06. (A) Application for a license as a real 29,074
estate broker shall be made in writing to the superintendent of 29,075
real estate on blanks FORMS furnished by the superintendent and 29,076
filed with the superintendent and shall be sworn to SIGNED by the 29,078
applicant or its members or officers. Each application shall 29,080
state the name of the person applying and the location of the 29,081
place of business for which the license is desired, and give such 29,082
other information as the superintendent requires in the form of 29,083
application prescribed by the superintendent. 29,084
The application shall be accompanied by a recent photograph 29,086
of the applicant and the names of three resident freeholders of 29,087
the county in which the applicant resides or has his THE 29,088
APPLICANT'S place of business. If the applicant has resided, or 29,089
has engaged in the real estate business, for less than one year 29,091
in the county from which the application is made, the application 29,092
shall be accompanied by a recent photograph of the applicant and 29,093
the names of three resident freeholders of each of the counties 29,094
where he THE APPLICANT formerly resided or engaged in the real 29,095
estate business during the period of one year prior to the filing 29,096
of the application. No one of the freeholders shall be related 29,097
to the applicant, and one of them shall be the applicant's most 29,098
recent broker. If the applicant's most recent broker is a 29,099
relative of the applicant or is not a freeholder, the name of a 29,100
third freeholder shall be furnished. The freeholders shall 29,101
furnish information to the superintendent, on forms prescribed by 29,102
the superintendent, concerning the character of the applicant. 29,103
If the applicant maintains more than one place of business within 29,104
the state, he THE APPLICANT shall apply for and procure a 29,105
duplicate license for each branch office so maintained by him THE 29,106
APPLICANT. Each branch office shall be in the charge of a 29,108
673
licensed broker or salesman SALESPERSON.
If the applicant is a partnership or association, the names 29,110
of all the members also shall be stated, and, if the applicant is 29,111
a corporation, the names of its president and of each of its 29,112
officers also shall be stated. The superintendent has the right 29,113
to reject the application of any partnership, association, or 29,114
corporation if the name proposed to be used by such partnership, 29,115
association, or corporation is likely to mislead the public or if 29,116
the name is not such as to distinguish it from the name of any 29,117
existing partnership, association, or corporation licensed under 29,118
this chapter, unless there is filed with such THE application the 29,120
written consent of such existing partnership, association, or 29,121
corporation, executed by a duly authorized representative of it, 29,122
permitting the use of the name of such existing partnership, 29,123
association, or corporation. 29,124
(B) A fee of sixty-nine dollars shall accompany the 29,127
application for a real estate broker's license, which fee shall 29,128
include the license if it is issued. The application fee shall 29,129
be retained by the superintendent if the applicant is admitted to 29,130
the examination for the license or the examination requirement is 29,131
waived, but, if an applicant is not so admitted and a waiver is 29,132
not involved, one-half of the fee shall be retained by the 29,133
superintendent to cover the expenses of processing the 29,134
application and the other one-half shall be returned to the 29,135
applicant. A fee of sixty-nine dollars shall be charged by the 29,137
superintendent for each successive application made by an 29,138
applicant. 29,139
(C) Four dollars of each fee for a real estate broker's 29,142
license shall be credited to the real estate education and 29,143
research fund, which is hereby created in the state treasury. 29,144
The Ohio real estate commission may use the fund in discharging 29,145
the duties prescribed in divisions (E), (F), and (G) of section 29,146
4735.03 of the Revised Code and shall use it in the advancement 29,147
of education and research in real estate at any institution of 29,148
674
higher education in the state, or in contracting with any such 29,149
institution for a particular research or educational project in 29,150
the field of real estate, or in advancing loans, not exceeding 29,151
eight hundred dollars, to applicants for salesman SALESPERSON 29,152
licenses, to defray the costs of satisfying the educational 29,153
requirements of division (F) of section 4735.09 of the Revised 29,154
Code. Such loans shall be made according to rules established by 29,155
the commission under the procedures of Chapter 119. of the 29,156
Revised Code, and they shall be repaid to the fund within three 29,157
years of the time they are made. No more than ten thousand 29,158
dollars shall be lent from the fund in any one year. 29,159
The governor may appoint a representative from the 29,161
executive branch to be a member ex officio of the commission for 29,162
the purpose of advising on research requests or educational 29,163
projects. The commission shall report to the general assembly on 29,164
the third Tuesday after the third Monday in January of each year 29,165
setting forth the total amount contained in the fund and the 29,166
amount of each research grant that it has authorized and the 29,167
amount of each research grant requested. A copy of all research 29,168
reports shall be submitted to the state library of Ohio and the 29,169
library of the legislative service commission. 29,170
(D) If the superintendent, with the consent of the 29,172
commission, enters into an agreement with a national testing 29,173
service to administer the real estate broker's examination, 29,174
pursuant to division (A) of section 4735.07 of the Revised Code, 29,175
the superintendent may require an applicant to pay the TESTING 29,176
SERVICE'S examination fee directly to the testing service. If 29,178
the superintendent requires the payment of the examination fee 29,179
directly to the testing service, the fee which accompanies the 29,180
application for a broker's license shall be reduced by the amount 29,181
paid to the testing service EACH APPLICANT SHALL SUBMIT TO THE 29,182
SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT DETERMINED BY THE 29,183
OHIO REAL ESTATE COMMISSION PURSUANT TO DIVISION (A)(1) OF 29,184
SECTION 4735.10 OF THE REVISED CODE. 29,185
675
Sec. 4735.07. (A) The superintendent of real estate, with 29,194
the consent of the Ohio real estate commission, may enter into 29,195
agreements with recognized national testing services to 29,196
administer the real estate broker's examination under his THE 29,197
SUPERINTENDENT'S supervision and control, consistent with the 29,198
requirements of this chapter as to the contents of such 29,200
examination.
(B) No person APPLICANT FOR A REAL ESTATE BROKER'S LICENSE 29,202
shall take the broker's examination who has not established to 29,204
the satisfaction of the superintendent that he THE APPLICANT: 29,205
(1) Is honest, truthful, and of good reputation; 29,207
(2)(a) Has not been convicted of a felony or crime of 29,209
moral turpitude, or if he THE APPLICANT has been so convicted, 29,210
the superintendent has disregarded the conviction because the 29,212
applicant has proven to the superintendent, by a preponderance of 29,213
the evidence, that his THE APPLICANT'S activities and employment 29,214
record since the conviction show that he THE APPLICANT is honest, 29,216
truthful, and of good reputation, and there is no basis in fact 29,218
for believing that he THE APPLICANT again will violate the laws 29,219
involved;
(b) Has not been finally adjudged by a court to have 29,221
violated any municipal, state, or federal civil rights laws 29,222
relevant to the protection of purchasers or sellers of real 29,223
estate or, if he THE APPLICANT has been so adjudged, at least two 29,225
years have passed since the court decision and the superintendent 29,227
has disregarded the adjudication because the applicant has 29,228
proven, by a preponderance of the evidence, that his THE 29,229
APPLICANT'S activities and employment record since the 29,230
adjudication show that he THE APPLICANT is honest, truthful, and 29,231
of good reputation, and there is no basis in fact for believing 29,232
that he THE APPLICANT will again violate the laws involved; 29,233
(3) Has not, during any period in which he THE APPLICANT 29,235
was licensed under this chapter, violated any provision of, or 29,237
any rule adopted pursuant to, this chapter, or, if he THE 29,238
676
APPLICANT has violated any such provision or rule, has 29,239
established to the satisfaction of the superintendent that he THE 29,240
APPLICANT will not again violate such provision or rule; 29,241
(4) Is at least eighteen years of age; 29,243
(5) Has been a licensed real estate broker or salesman 29,245
SALESPERSON for at least two years; during at least two of the 29,246
five years preceding his THE PERSON'S application, has worked as 29,248
a licensed real estate broker or salesman SALESPERSON for an 29,250
average of at least thirty hours per week; and has completed one 29,251
of the following:
(a) At least twenty real estate transactions, in which 29,253
property was sold for another by the applicant while acting in 29,254
his THE capacity as OF a real estate broker or salesman 29,256
SALESPERSON;
(b) Such equivalent experience as is defined by rules 29,258
adopted by the commission; 29,259
(6)(a) If licensed as a real estate salesman SALESPERSON 29,261
prior to January 1, 1990, successfully has completed at an 29,262
institution of higher education all of the following: 29,263
(i) Thirty hours of classroom instruction in real estate 29,265
practice; 29,266
(ii) Thirty hours of classroom instruction that includes 29,268
the subjects of Ohio real estate law, municipal, state, and 29,269
federal civil rights law, new case law on housing discrimination, 29,270
desegregation issues, and methods of eliminating the effects of 29,271
prior discrimination. If feasible, the classroom instruction in 29,272
Ohio real estate law shall be taught by a member of the faculty 29,273
of an accredited law school. If feasible, the classroom 29,274
instruction in municipal, state, and federal civil rights law, 29,275
new case law on housing discrimination, desegregation issues, and 29,276
methods of eliminating the effects of prior discrimination shall 29,277
be taught by a staff member of the Ohio civil rights commission 29,278
who is knowledgeable with respect to those subjects. The 29,279
requirements of this division do not apply to an applicant who is 29,280
677
admitted to practice before the supreme court. 29,281
(iii) Thirty hours of classroom instruction in real estate 29,283
appraisal; 29,284
(iv) Thirty hours of classroom instruction in real estate 29,286
finance; 29,287
(v) Three quarter hours, or its equivalent in semester 29,289
hours, in financial management; 29,290
(vi) Three quarter hours, or its equivalent in semester 29,292
hours, in human resource or personnel management; 29,293
(vii) Three quarter hours, or its equivalent in semester 29,295
hours, in applied business economics; 29,296
(viii) Three quarter hours, or its equivalent in semester 29,298
hours, in business law. 29,299
(b) Division (B)(6)(a) of this section does not apply to 29,301
any applicant who holds a valid real estate salesman's 29,302
SALESPERSON'S license issued prior to January 2, 1972, or to 29,303
applicants for a limited real estate broker's or salesman's 29,305
SALESPERSON'S license. Divisions (B)(6)(a)(v), (vi), (vii), and 29,306
(viii) of this section do not apply to any applicant who holds a 29,307
valid real estate salesman's SALESPERSON'S license issued prior 29,308
to January 3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 29,310
or after January 3, 1984, satisfactorily has completed a minimum 29,311
of two years of post-secondary education, or its equivalent in 29,312
semester or quarter hours, at an institution of higher education, 29,313
and has fulfilled the requirements of division (B)(6)(a) of this 29,314
section. The requirements of division (B)(6)(a) of this section 29,315
may be included in the two years of post-secondary education, or 29,316
its equivalent in semester or quarter hours, that is required by 29,317
this division. 29,318
(C) Each applicant for a broker's license shall be 29,320
examined in the principles of real estate practice, Ohio real 29,321
estate law, and financing and appraisal, and as to the duties of 29,322
real estate brokers and real estate salesmen SALESPERSONS, the 29,323
678
applicant's knowledge of real estate transactions and instruments 29,324
relating to them, and the canons of business ethics pertaining to 29,325
them. The commission from time to time shall promulgate such 29,326
canons and cause them to be published in printed form. 29,327
Each applicant for a limited real estate broker's or 29,329
limited real estate salesman's SALESPERSON'S license shall be 29,330
examined only in the areas specified in section 4735.091 of the 29,331
Revised Code.
(D) Examinations shall be given entirely in writing, 29,333
except that they shall be administered orally or in braille to 29,334
the blind, as defined in section 5109.15 of the Revised Code, or 29,335
orally to an individual whose physical disability, as supported 29,336
by a physician's statement, renders it impossible to take a 29,337
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 29,338
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 29,340
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 29,341
examination shall be consistent with the requirements of division 29,344
(B)(6)(a) of this section and with the other specific 29,345
requirements of this section. An applicant who has completed the 29,346
requirements of division (B)(6)(a) of this section at the time of 29,347
application may be examined at the next regularly scheduled 29,348
examination after he THE APPLICANT is notified of his admission 29,349
to the examination.
(E) The superintendent may waive the requirement of 29,351
examination in the case of an application from a nonresident real 29,352
estate broker of a state having similar requirements and under 29,353
the laws of which similar recognition is extended to licensed 29,354
real estate brokers and real estate salesmen SALESPERSONS of this 29,356
state.
(F) There shall be no limit placed on the number of times 29,358
an applicant may retake the examination. 29,359
(G) The superintendent in his THE SUPERINTENDENT'S 29,361
discretion may waive the requirement of examination if the 29,363
applicant has been licensed as a real estate broker by the 29,364
679
superintendent or commission at some time during the two-year 29,365
period immediately preceding the date of the current application. 29,366
(H)(1) Within twelve months from the date of issuance of 29,368
any real estate broker's license issued on or after January 1, 29,369
1990, the EACH licensee successfully shall complete, at an 29,370
institution of higher education or any other institution that is 29,372
approved by the commission, ten hours of classroom instruction in 29,373
real estate brokerage. That instruction shall include, but not 29,374
be limited to, current issues in managing a real estate company 29,375
or office. Upon completion of the instruction, the licensee shall 29,376
cause to be filed with the superintendent a certificate from the 29,377
institution showing that he THE LICENSEE successfully has 29,378
completed the requirements of this division IN ACCORDANCE WITH 29,380
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 29,381
(a) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 29,383
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 29,385
COMPLETION OF INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 29,387
MONTHS AFTER THE DATE OF ISSUANCE OF THE SALESPERSON'S LICENSE;
(b) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 29,389
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF INSTRUCTION TO THE 29,391
SUPERINTENDENT ON OR BEFORE THE DATE THE LICENSEE'S FIRST 29,393
CONTINUING EDUCATION REQUIREMENT, AFTER LICENSURE AS A 29,394
SALESPERSON, MUST BE MET UNDER SECTION 4735.141 OF THE REVISED 29,395
CODE.
If the instruction is not successfully completed within 29,397
twelve months THE TIME PERIOD PRESCRIBED BY THIS DIVISION, the 29,398
license of the real estate broker is suspended automatically 29,400
without the taking of any action by the commission. The broker 29,401
then shall have one year after the date of the suspension of his 29,402
THE BROKER'S license to successfully complete the instruction 29,404
required under this division, and his THE BROKER'S license shall 29,405
not be reinstated by the superintendent until it is established,
to the satisfaction of the superintendent, that the requirements 29,406
of this division have been met. 29,407
680
(2) If the license of a real estate broker is suspended 29,409
pursuant to division (H)(1) of this section, the license of a 29,410
real estate salesman SALESPERSON associated with that broker 29,411
correspondingly is suspended pursuant to division (B) of section 29,413
4735.20 of the Revised Code. However, the suspended license of 29,414
the associated real estate salesman SALESPERSON shall be 29,415
reinstated REACTIVATED and no fee shall be charged or collected 29,417
for that reinstatement REACTIVATION if all of the following 29,419
occur:
(a) That broker subsequently submits satisfactory proof to 29,421
the superintendent that he THE BROKER has complied with the 29,422
requirements of division (H)(1) of this section and requests that 29,424
his THE BROKER'S license as a real estate broker be reinstated 29,425
REACTIVATED; 29,426
(b) The superintendent then reinstates his REACTIVATES THE 29,428
BROKER'S license as a real estate broker; 29,430
(c) The associated real estate salesman SALESPERSON 29,432
intends to continue to be associated with that broker and 29,433
otherwise is in compliance with this chapter. 29,434
Sec. 4735.09. (A) Application for a license as a real 29,444
estate salesman SALESPERSON shall be made in writing to the 29,445
superintendent of real estate on blanks FORMS furnished by the 29,446
superintendent and signed and sworn to by the applicant. The 29,449
application shall be in the form prescribed by the superintendent 29,450
and shall contain such information as is required by this chapter 29,451
and the rules of the Ohio real estate commission. The 29,452
application shall be accompanied by a recent photograph of the 29,453
applicant and the recommendation of the real estate broker with 29,454
whom he THE APPLICANT is associated or with whom he THE APPLICANT 29,455
intends to be associated, certifying that the applicant is 29,457
honest, truthful, and of good reputation, has not been convicted 29,458
of a felony or a crime involving moral turpitude, and has not 29,459
been finally adjudged by a court to have violated any municipal, 29,460
state, or federal civil rights laws relevant to the protection of 29,461
681
purchasers or sellers of real estate, which conviction or 29,462
adjudication the applicant has not disclosed to the 29,463
superintendent, and recommending that the applicant be admitted 29,464
to the examination for real estate salesman. 29,465
(B) A fee of forty-nine dollars shall accompany the 29,468
application, which fee shall include the license if it is issued. 29,469
The application fee shall be retained by the superintendent if 29,470
the applicant is admitted to the examination for the license or 29,471
the examination requirement is waived, but, if an applicant is 29,472
not so admitted and a waiver is not involved, one-half of the fee 29,473
shall be retained by the superintendent to cover the expenses of 29,474
processing the application and the other one-half shall be 29,475
returned to the applicant. A fee of forty-nine dollars shall be 29,477
charged by the superintendent for each successive application 29,478
made by the applicant. Four dollars of each fee shall be 29,480
credited to the real estate education and research fund. 29,481
(C) There shall be no limit placed on the number of times 29,483
an applicant may retake the examination. 29,484
(D) The superintendent, with the consent of the 29,486
commission, may enter into an agreement with a recognized 29,487
national testing service to administer the real estate salesman's 29,488
SALESPERSON'S examination under his THE SUPERINTENDENT'S 29,489
supervision and control, consistent with the requirements of this 29,491
chapter as to the contents of such THE examination. 29,492
If the superintendent, with the consent of the commission, 29,494
enters into an agreement with a national testing service to 29,495
administer the real estate salesman's SALESPERSON'S examination, 29,496
the superintendent may require an applicant to pay the TESTING 29,497
SERVICE'S examination fee directly to the testing service. If 29,499
the superintendent requires the payment of the examination fee 29,500
directly to the testing service, the fee which accompanies the 29,501
application to take the salesman's examination shall be reduced 29,502
by the amount paid to the testing service EACH APPLICANT SHALL 29,503
SUBMIT TO THE SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT 29,504
682
DETERMINED BY THE OHIO REAL ESTATE COMMISSION PURSUANT TO 29,505
DIVISION (A)(1) OF SECTION 4735.10 OF THE REVISED CODE. 29,506
(E) The superintendent shall issue a real estate 29,508
salesman's SALESPERSON'S license when satisfied that the 29,509
applicant has received a grade of seventy-five per cent or better 29,511
on the salesman's SALESPERSON'S examination, except that the 29,512
superintendent may waive the requirement of examination if the 29,513
applicant was licensed by the commission or superintendent at 29,514
some time within the two-year period immediately preceding the 29,515
date of the current application IS A LICENSED REAL ESTATE 29,517
SALESPERSON IN ANOTHER STATE AND THAT STATE DOES BOTH OF THE 29,518
FOLLOWING:
(1) IT APPLIES LICENSING REQUIREMENTS SIMILAR TO THOSE 29,520
APPLIED IN THIS STATE AS DETERMINED BY THE SUPERINTENDENT. 29,521
(2) IT EXTENDS SIMILAR RECIPROCITY TO LICENSED REAL ESTATE 29,523
SALESPERSONS IN THIS STATE. 29,524
(F) No person APPLICANT FOR A SALESPERSON'S LICENSE shall 29,526
take the salesman's SALESPERSON'S examination who has not 29,528
established to the satisfaction of the superintendent that he THE 29,529
APPLICANT:
(1) Is honest, truthful, and of good reputation; 29,531
(2)(a) Has not been convicted of a felony or crime of 29,533
moral turpitude or, if he THE APPLICANT has been so convicted, 29,534
the superintendent has disregarded the conviction because the 29,536
applicant has proven to the superintendent, by a preponderance of 29,537
the evidence, that his THE APPLICANT'S activities and employment 29,538
record since the conviction show that he THE APPLICANT is honest, 29,540
truthful, and of good reputation, and there is no basis in fact 29,542
for believing that he THE APPLICANT again will violate the laws 29,543
involved;
(b) Has not been finally adjudged by a court to have 29,545
violated any municipal, state, or federal civil rights laws 29,546
relevant to the protection of purchasers or sellers of real 29,547
estate or, if he THE APPLICANT has been so adjudged, at least two 29,549
683
years have passed since the court decision and the superintendent 29,550
has disregarded the adjudication because the applicant has 29,551
proven, by a preponderance of the evidence, that he THE APPLICANT 29,552
is honest, truthful, and of good reputation, and there is no 29,553
basis in fact for believing that he THE APPLICANT again will 29,555
violate the laws involved.
(3) Has not, during any period in which he THE APPLICANT 29,557
was licensed under this chapter, violated any provision of, or 29,558
any rule adopted pursuant to this chapter, or, if he THE 29,559
APPLICANT has violated such provision or rule, has established to 29,560
the satisfaction of the superintendent that he THE APPLICANT will 29,561
not again violate such provision or rule; 29,562
(4) Is at least eighteen years of age; 29,564
(5) If born after the year 1950, has a high school diploma 29,566
or its equivalent as recognized by the state department of 29,567
education; 29,568
(6)(a) Has successfully completed at an institution of 29,570
higher education all of the following: 29,571
(i) Thirty hours of classroom instruction in real estate 29,573
practice; 29,574
(ii) Thirty hours of classroom instruction that includes 29,576
the subjects of Ohio real estate law, municipal, state, and 29,577
federal civil rights law, new case law on housing discrimination, 29,578
desegregation issues, and methods of eliminating the effects of 29,579
prior discrimination. If feasible, the classroom instruction in 29,580
Ohio real estate law shall be taught by a member of the faculty 29,581
of an accredited law school. If feasible, the classroom 29,582
instruction in municipal, state, and federal civil rights law, 29,583
new case law on housing discrimination, desegregation issues, and 29,584
methods of eliminating the effects of prior discrimination shall 29,585
be taught by a staff member of the Ohio civil rights commission 29,586
who is knowledgeable with respect to those subjects. The 29,587
requirements of this division do not apply to an applicant who is 29,588
admitted to practice before the supreme court. 29,589
684
(iii) Thirty hours of classroom instruction in real estate 29,591
appraisal; 29,592
(iv) Thirty hours of classroom instruction in real estate 29,594
finance. 29,595
(b) Any person who has not been licensed as a real estate 29,597
salesman SALESPERSON or broker within a four-year period 29,598
immediately preceding his THE PERSON'S current application for 29,599
the salesman's SALESPERSON'S examination shall have successfully 29,600
completed the classroom instruction required by division 29,602
(F)(6)(a) of this section within a ten-year period immediately 29,603
preceding his THE PERSON'S current application for the salesman's 29,604
SALESPERSON'S examination.
(G) Within twelve months from the date of issuance of any 29,606
real estate salesman's license issued on or after January 4, 29,608
1988, and prior to January 1, 1990, or within twenty-four months
from the date of issuance of any real estate salesman's license 29,610
issued on or after January 1, 1987, and prior to January 4, 1988, 29,611
the licensee shall submit proof of successful completion, at an 29,612
institution of higher education, of thirty hours of classroom 29,613
instruction in both real estate appraisal and real estate 29,614
finance. Within twelve months from the date of issuance of any 29,615
real estate saleman's license issued on or after January 1, 1990, 29,617
the EACH licensee shall submit proof of successful completion, at 29,618
an institution of higher education or any other institution 29,620
approved by the commission, of ten hours of classroom instruction 29,621
in real estate courses that cover current issues regarding 29,622
consumers, real estate practice, ethics, and real estate law. 29,623
Upon completion of the instruction, the licensee shall cause to 29,624
have filed with the superintendent a certificate from the 29,625
institution showing that he THE LICENSEE successfully has 29,626
completed the requirements of this division IN ACCORDANCE WITH 29,629
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 29,630
(1) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 29,632
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 29,633
685
COMPLETION OF THE INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 29,635
MONTHS AFTER THE DATE OF ISSUANCE OF THE REAL ESTATE BROKER'S 29,636
LICENSE;
(2) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 29,638
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF THE INSTRUCTION TO THE 29,639
SUPERINTENDENT ON OR BEFORE THE LICENSEE'S FIRST CONTINUING 29,641
EDUCATION REQUIREMENT, AFTER LICENSURE AS A BROKER, MUST BE MET 29,642
UNDER SECTION 4735.141 OF THE REVISED CODE. If 29,643
IF proof of successful completion of the required 29,645
instruction is not submitted within the time period prescribed by 29,646
this division, his THE LICENSEE'S license is suspended 29,647
automatically without the taking of any action by the commission. 29,649
The superintendent immediately shall notify the broker with whom 29,650
such salesman SALESPERSON is associated of the suspension of his 29,651
THE SALESPERSON'S license. A salesman SALESPERSON whose license 29,652
has been suspended under this division shall have one year after 29,653
the date of the suspension of the SALESPERSON'S license to submit 29,654
proof of successful completion of the instruction required under 29,656
this division. No such license shall be reinstated REACTIVATED 29,657
by the superintendent until it is established, to the 29,660
satisfaction of the superintendent, that the requirements of this 29,661
division have been met. 29,662
(H) Examinations shall be given entirely in writing, 29,664
except that they shall be administered orally or in braille to 29,665
the blind, as defined in section 5109.15 of the Revised Code, or 29,666
orally to an individual whose physical disability, as supported 29,667
by a physician's statement, renders it impossible to take a 29,668
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 29,669
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 29,671
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 29,672
examination shall be consistent with the classroom instructional 29,674
requirements of division (F)(6)(a) of this section. All persons 29,675
whose applications are pending shall be notified by mail at least 29,676
sixty days prior to such examination, except that an applicant 29,677
686
who has completed the classroom instructional requirements of 29,678
division (F)(6)(a) of this section at the time of application may 29,679
be examined at the next regularly scheduled examination after he 29,680
THE APPLICANT is notified of his THE APPLICANT'S admission to the 29,682
examination. Nothing in this section shall be construed to 29,684
prevent an applicant from completing, in the discretion of the 29,685
superintendent, the classroom instructional requirements of 29,686
division (F)(6)(a) of this section concurrently with the 29,687
processing of his THE APPLICANT'S application for examination. 29,688
Sec. 4735.14. (A) Each license issued under this chapter, 29,698
shall be valid without further recommendation or examination 29,699
until CANCELED, revoked or, suspended, OR SUCH LICENSE EXPIRES BY 29,701
OPERATION OF LAW.
(B) Each real estate LICENSED broker licensee, BROKERAGE, 29,704
OR SALESPERSON shall file, on or before the date the Ohio real 29,706
estate commission has adopted by rule for that licensee in 29,707
accordance with division (A)(2)(e) of section 4735.10 of the
Revised Code, a certificate of continuation in business on a form 29,708
prescribed by the superintendent of real estate listing all real 29,709
estate salespersons. The certificate of continuation in business 29,711
shall be mailed by the superintendent to the licensee's place of 29,712
business PERSONAL RESIDENCE OF EACH BROKER OR SALESPERSON AND THE 29,713
PLACE OF BUSINESS OF THE BROKERAGE two months prior to THE filing 29,714
deadline.
(C) The license of any real estate broker, BROKERAGE, or 29,717
salesperson who THAT fails to file a certificate of continuation 29,718
prior to ON OR BEFORE the filing deadline of each ensuing year 29,720
shall be revoked, unless the superintendent, for good cause 29,721
shown, determines that the certificate of continuation could not 29,722
have been filed by the filing deadline, but is filed within 29,723
fifteen days from that date CANCELED. A CANCELED LICENSE MAY BE 29,724
REACTIVATED WITHIN ONE YEAR OF CANCELLATION, PROVIDED THAT THE 29,725
RENEWAL FEE PLUS A PENALTY FEE OF FIFTY PER CENT OF THE RENEWAL 29,726
FEE IS PAID TO THE SUPERINTENDENT. FAILURE TO REACTIVATE THE 29,727
687
LICENSE AS PROVIDED IN THIS DIVISION SHALL RESULT IN REVOCATION
OF THE LICENSE. NO PERSON, PARTNERSHIP, ASSOCIATION, 29,728
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNERSHIP 29,729
SHALL ENGAGE IN ANY ACT OR ACTS FOR WHICH A REAL ESTATE LICENSE 29,730
IS REQUIRED WHILE THAT ENTITY'S LICENSE IS CANCELED OR REVOKED. 29,731
Sec. 4735.141. (A) Except as otherwise provided in this 29,741
division, on or before January 31, 1983, and on or before the 29,742
thirty-first day of January of every third year thereafter, each 29,743
licensee who was licensed by the state prior to January 1, 1980, 29,744
as a real estate broker or salesperson shall submit proof 29,745
satisfactory to the superintendent of real estate that the 29,746
licensee has satisfactorily completed, during the preceding three 29,747
years, thirty classroom hours of continuing education as 29,748
prescribed by the Ohio real estate commission pursuant to section 29,749
4735.10 of the Revised Code. Persons licensed as real estate 29,750
salespersons within the state on or after January 1, 1980, shall 29,751
submit the proof to the superintendent on or before the last day 29,752
of the month of the third year directly following the filing of 29,753
the certificate prescribed in division (G) of section 4735.09 of 29,754
the Revised Code, and every third year thereafter. Persons EACH 29,755
PERSON LICENSED UNDER SECTION 4735.07 OR 4735.09 OF THE REVISED 29,757
CODE SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT OF 29,759
REAL ESTATE THAT THE LICENSEE HAS SATISFACTORILY COMPLETED THIRTY 29,760
CLASSROOM HOURS OF CONTINUING EDUCATION, AS PRESCRIBED BY THE 29,761
OHIO REAL ESTATE COMMISSION PURSUANT TO SECTION 4735.10 OF THE 29,762
REVISED CODE, ON OR BEFORE THE LICENSEE'S BIRTHDAY OCCURRING 29,764
THREE YEARS AFTER THE LICENSEE'S DATE OF INITIAL LICENSURE, AND 29,765
ON OR BEFORE THE LICENSEE'S BIRTHDAY EVERY THREE YEARS
THEREAFTER. 29,766
PERSONS licensed as real estate salespersons who 29,769
subsequently become licensed real estate brokers, shall continue 29,770
to submit proof of continuing education on IN ACCORDANCE WITH the 29,771
schedule TIME PERIOD established when they were licensed real 29,774
estate salespersons. The IN THIS SECTION. 29,775
688
THE requirements of this section shall not apply to persons 29,778
licensed under section 4735.091 of the Revised Code or to any 29,779
physically handicapped licensee as provided in division (E) of
this section. 29,780
Each licensee who is seventy years of age or older on the 29,782
effective date of this amendment, and each licensee who will be 29,784
seventy years of age or older within three years after the 29,785
effective date of this amendment JUNE 14, 1999, shall submit, ON 29,786
OR BEFORE THE LICENSEE'S BIRTHDAY OCCURRING THREE YEARS AFTER THE 29,788
EFFECTIVE DATE OF THIS AMENDMENT, AND ON OR BEFORE THE LICENSEE'S 29,789
BIRTHDAY EVERY THREE YEARS THEREAFTER, proof satisfactory to the 29,790
superintendent OF REAL ESATE that the licensee has satisfactorily 29,791
completed during the three-year period commencing on the 29,792
effective date of this amendment, and every three-year period 29,794
thereafter, a total of nine classroom hours of continuing 29,795
education, including instruction in Ohio real estate law; 29,796
recently enacted state and federal laws affecting the real estate 29,797
industry; municipal, state, and federal civil rights law; and 29,799
canons of ethics for the real estate industry as adopted by the 29,800
commission. The commission shall adopt reasonable rules in 29,801
accordance with Chapter 119. of the Revised Code to carry out the 29,803
purposes of this paragraph.
A person providing any course of continuing education may 29,805
administer examinations to licensees for the purpose of 29,806
evaluating the effectiveness of the course, but passage of an 29,807
examination by a licensee shall not be a condition for successful 29,808
completion of the continuing education requirements of this 29,809
section. 29,810
(B) The continuing education requirements of this section 29,812
shall be completed in schools, seminars, and educational 29,813
institutions approved by the commission. Such approval shall be 29,814
given according to rules established by the commission under the 29,815
procedures of Chapter 119. of the Revised Code, and shall not be 29,816
limited to institutions providing two-year or four-year degrees. 29,817
689
Each school, seminar, or educational institution approved under 29,818
this division shall be open to all licensees on an equal basis. 29,819
(C) If the requirements of this section are not met by a 29,821
licensee within the period specified, the licensee's license 29,822
shall be suspended automatically without the taking of any action 29,823
by the superintendent. The superintendent shall notify the 29,824
licensee of the license suspension. Any license so suspended 29,825
shall remain suspended until it is reinstated REACTIVATED by the 29,826
superintendent. No such license shall be reinstated REACTIVATED 29,828
until it is established, to the satisfaction of the 29,830
superintendent, that the requirements of this section have been 29,831
met. If the requirements of this section are not met within two 29,832
years ONE YEAR from the date the license was suspended, the 29,834
license shall be revoked automatically without the taking of any 29,835
action by the commission. A person whose license has been 29,836
revoked and whose revoked license was issued prior to January 1, 29,837
1980, may have the person's license reinstated REACTIVATED by the 29,838
superintendent at any time after it has been revoked upon 29,839
submitting proof satisfactory to the superintendent that the 29,840
person has satisfactorily completed during the period since the 29,841
revocation of the person's license thirty classroom hours of 29,842
continuing education as prescribed by the commission pursuant to 29,843
section 4735.10 of the Revised Code. Upon reinstatement 29,844
REACTIVATION of the person's license, the licensee shall comply 29,846
with the educational requirements of division (A) of this 29,847
section.
(D) If the license of a real estate broker is suspended 29,849
pursuant to division (C) of this section, the license of a real 29,851
estate salesperson associated with that broker correspondingly is 29,853
suspended pursuant to division (B) of section 4735.20 of the 29,854
Revised Code. However, the suspended license of the associated 29,855
real estate salesperson shall be reinstated REACTIVATED and no 29,856
fee shall be charged or collected for that reinstatement 29,859
REACTIVATION if all of the following occur: 29,862
690
(1) That broker subsequently submits proof to the 29,864
superintendent that the broker has complied with the requirements 29,865
of this section and requests that the broker's license as a real 29,866
estate broker be reinstated; REACTIVATED. 29,867
(2) The superintendent then reinstates REACTIVATES the 29,869
broker's license as a real estate broker;. 29,871
(3) The associated real estate salesperson intends to 29,873
continue to be associated with that broker, has complied with the 29,874
requirements of this section, and otherwise is in compliance with 29,875
this chapter. 29,876
ANY PERSON WHOSE LICENSE IS REACTIVATED PURSUANT TO THIS 29,878
DIVISION SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT 29,879
THAT THE PERSON HAS COMPLETED THIRTY HOURS OF CONTINUING 29,880
EDUCATION, AS PRESCRIBED BY THE OHIO REAL ESTATE COMMISSION, ON 29,881
OR BEFORE THE THIRD YEAR FOLLOWING THE LICENSEE'S BIRTHDAY 29,882
OCCURRING IMMEDIATELY AFTER REACTIVATION. 29,883
(E) Any licensee who is a physically handicapped licensee 29,885
at any time during the last three months of the third year of the 29,886
licensee's continuing education reporting period may receive an 29,887
extension of time to submit proof to the superintendent that the 29,888
licensee has satisfactorily completed the required thirty hours 29,889
of continuing education. To receive an extension of time, the 29,890
licensee shall submit a request to the division of real estate 29,891
for the extension and proof satisfactory to the commission that 29,892
the licensee was a physically handicapped licensee at some time 29,893
during the last three months of the three-year reporting period. 29,894
The proof shall include, but is not limited to, a signed 29,895
statement by the licensee's attending physician describing the 29,896
physical disability, certifying that the licensee's disability is 29,897
of such a nature as to prevent the licensee from attending any 29,898
classroom instruction lasting at least three hours in duration, 29,899
and stating the expected duration of the physical disability. 29,900
The licensee shall request the extension and provide the 29,901
physician's statement to the division no later than one month
691
prior to the end of the licensee's three-year continuing 29,902
education reporting period, unless the physical disability did 29,903
not arise until the last month of the three-year reporting 29,904
period, in which event the licensee shall request the extension 29,905
and provide the physician's statement as soon as practical after 29,906
the occurrence of the physical disability. A licensee granted an 29,907
extension pursuant to this division who is no longer a physically 29,908
handicapped licensee and who submits proof of completion of the 29,909
continuing education during the extension period, shall submit, 29,910
for future continuing education reporting periods, proof of 29,911
completion of the continuing education requirements according to 29,912
the schedule established in division (A) of this section. 29,913
Sec. 4736.12. (A) The state board of sanitarian 29,922
registration shall charge the following fees: 29,923
(1) To apply as a sanitarian-in-training, forty-five 29,925
FIFTY-FIVE dollars; 29,926
(2) For sanitarians-in-training to apply for registration 29,928
as sanitarians, forty-five FIFTY-FIVE dollars. The applicant 29,929
shall pay this fee only once regardless of the number of times 29,931
the applicant takes an examination required under section 4736.08 29,932
of the Revised Code.
(3) For persons other than sanitarians-in-training to 29,934
apply for registration as sanitarians, including persons meeting 29,935
the requirements of section 4736.16 of the Revised Code, ninety 29,936
ONE HUNDRED TEN dollars. The applicant shall pay this fee only 29,938
once regardless of the number of times the applicant takes an 29,939
examination required under section 4736.08 of the Revised Code. 29,940
(4) The renewal fee for registered sanitarians shall be 29,942
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 29,943
dollars and fifty cents. 29,945
(5) The renewal fee for sanitarians-in-training shall be 29,947
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 29,948
dollars and fifty cents. 29,950
(6) FOR LATE APPLICATION FOR RENEWAL, TWENTY-FIVE DOLLARS. 29,952
692
The board of sanitarian registration, with the approval of 29,954
the controlling board, may establish fees in excess of the 29,955
amounts provided in this section, provided that such fees do not 29,956
exceed the amounts permitted by this section by more than fifty 29,957
per cent. 29,958
(B) The board of sanitarian registration shall charge 29,960
separate fees for examinations as required by section 4736.08 of 29,961
the Revised Code, provided that the fees are not in excess of the 29,962
actual cost to the board of conducting the examinations. 29,963
(C) THE BOARD OF SANITARIAN REGISTRATION MAY ADOPT RULES 29,965
ESTABLISHING FEES FOR ALL OF THE FOLLOWING: 29,966
(1) APPLICATION FOR THE REGISTRATION OF A TRAINING AGENCY 29,968
APPROVED UNDER RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 29,969
4736.11 OF THE REVISED CODE AND FOR THE ANNUAL REGISTRATION 29,970
RENEWAL OF AN APPROVED TRAINING AGENCY.
(2) APPLICATION FOR THE REVIEW OF CONTINUING EDUCATION 29,972
HOURS SUBMITTED FOR THE BOARD'S APPROVAL BY APPROVED TRAINING 29,973
AGENCIES OR BY REGISTERED SANITARIANS OR SANITARIANS-IN-TRAINING. 29,974
Sec. 4741.17. (A) Applicants or registrants shall pay to 29,983
the state veterinary medical licensing board: 29,984
(1) For an initial VETERINARY license based on 29,986
examination, ON OR AFTER THE FIRST DAY OF MARCH in an 29,987
even-numbered year, three hundred seventy-five dollars, and ON OR 29,989
AFTER THE FIRST DAY OF MARCH in an odd-numbered year, two hundred 29,990
fifty dollars; 29,991
(2) For a VETERINARY license by reciprocity issued ON OR 29,993
AFTER THE FIRST DAY OF MARCH in an even-numbered year, four 29,995
hundred twenty-five dollars, and ON OR AFTER THE FIRST DAY OF 29,996
MARCH in an odd-numbered year, three hundred dollars; 29,997
(3) For a VETERINARY temporary permit, one hundred 29,999
dollars;
(4) For a duplicate license, thirty-five dollars; 30,001
(5) For the VETERINARY biennial renewal fee, where the 30,003
application is postmarked no later than the first day of March, 30,004
693
one hundred twenty-five FIFTY-FIVE dollars; where the application 30,005
is postmarked after the first day of March, but no later than the 30,008
first day of April, one TWO hundred seventy-five TWENTY-FIVE 30,009
dollars; and where the application is postmarked after the first 30,012
day of April, two FOUR hundred twenty-five FIFTY dollars; 30,014
(6) FOR AN INITIAL REGISTERED VETERINARY TECHNICIAN 30,016
REGISTRATION FEE ON OR AFTER THE FIRST DAY OF MARCH IN AN 30,017
ODD-NUMBERED YEAR, THIRTY-FIVE DOLLARS, AND ON OR AFTER THE FIRST 30,018
DAY OF MARCH IN AN EVEN-NUMBERED YEAR, TWENTY-FIVE DOLLARS; 30,019
(7) For the biennial RENEWAL registration fee of a 30,021
registered veterinary technician, where the application is 30,023
postmarked no later than the first day of March, twenty-five 30,024
THIRTY-FIVE dollars; where the application is postmarked after 30,027
the first day of March, but no later than the first day of April, 30,028
thirty FORTY-FIVE dollars; and where the application is 30,030
postmarked after the first day of April, thirty-five SIXTY 30,031
dollars;
(7)(8) For a specialist certificate, fifty dollars. The 30,033
certificate is not subject to renewal. 30,034
(8)(9) For the reinstatement of a suspended license, 30,036
seventy-five dollars; 30,038
(9)(10) For examinations offered by the board, a fee, 30,040
which shall be established by the board, in an amount adequate to 30,042
cover the expense of procuring, administering, and scoring 30,043
examinations.
(B) The board, subject to the approval of the controlling 30,045
board, may establish fees in excess of the amounts provided in 30,046
this section, provided that the fees do not exceed the amounts 30,047
permitted by this section by more than fifty per cent. 30,048
(C) For the purposes of divisions (A)(5) and (6)(7) of 30,050
this section, a date stamp of the office of the board may serve 30,051
in lieu of a postmark. 30,052
Sec. 4741.19. (A) Unless exempted under this chapter, no 30,061
person shall practice veterinary medicine, or any of its 30,062
694
branches, without a license issued by the board pursuant to 30,063
sections 4741.11 to 4741.13 of the Revised Code, a temporary 30,064
permit issued pursuant to section 4741.14 of the Revised Code, or 30,065
a registration certificate issued pursuant to division (C) of 30,066
this section, or with an inactive, expired, suspended, 30,067
terminated, or revoked license, temporary permit, or 30,068
registration. 30,069
(B) No veterinary student extern shall: 30,071
(1) Perform or assist surgery unless under the direct 30,073
supervision of a licensed veterinarian and unless the extern has 30,074
had the minimum education and experience prescribed by rule of 30,075
the board; 30,076
(2) Engage in any other work related to the practice of 30,078
veterinary medicine unless under the direct supervision of a 30,079
licensed veterinarian; 30,080
(3) Participate in the operation of a branch office, 30,082
clinic, or allied establishment unless a licensed veterinarian is 30,083
present on the establishment premises. 30,084
(C) No person shall act as a registered veterinary 30,086
technician unless he THE PERSON is registered with the board on a 30,088
biennial basis and pays the biennial registration fee. A
registered veterinary technician registration expires biennially 30,089
on the first day of March in the odd-numbered years, and may be 30,090
renewed in accordance with the standard renewal procedures 30,091
contained in Chapter 4745. of the Revised Code upon payment of 30,092
the biennial registration fee and fulfillment of ten continuing 30,093
education hours during the two years immediately preceding 30,094
renewal for registration. Each registered veterinary technician 30,095
shall notify in writing, the secretary of the board of any change 30,096
in his THE REGISTERED VETERINARY TECHNICIAN'S office address or 30,098
employment within ninety days after the change has taken place. 30,099
A registered veterinary technician operating under the 30,101
supervision of a licensed veterinarian may perform the following 30,102
duties: 30,103
695
(1) Prepare or supervise the preparation of patients, 30,105
instruments, equipment, and medications for surgery; 30,106
(2) Induce and monitor general anesthesia according to 30,108
medically recognized and appropriate methods; 30,109
(3) Collect or supervise the collection of specimens and 30,111
perform laboratory procedures as required by the supervising 30,112
veterinarian; 30,113
(4) Apply wound dressings, casts, or splints as required 30,115
by the supervising veterinarian; 30,116
(5) Assist a veterinarian in immunologic, diagnostic, 30,118
medical, and surgical procedures; 30,119
(6) Suture skin incisions; 30,121
(7) Dental prophylaxis; 30,123
(8) Administer or supervise the administration of topical, 30,125
oral, or parenteral medication under the direction of the 30,126
supervising veterinarian; 30,127
(9) Other ancillary veterinary technician functions that 30,129
are performed pursuant to the order and control and under the 30,130
full responsibility of a licensed veterinarian. 30,131
The degree of supervision by a licensed veterinarian over 30,133
the functions performed by the registered veterinary technician 30,134
shall be consistent with the standards of generally accepted 30,135
veterinary medical practices. 30,136
(D) A veterinarian licensed to practice in this state 30,138
shall not hold himself ONESELF out as a specialist unless he THE 30,141
VETERINARIAN has previously met the requirements of the American
veterinary medical association for a specialty or such other 30,142
requirements set by rule of the board and has paid the fee 30,143
required by division (A)(7)(8) of section 4741.17 of the Revised 30,144
Code.
(E) Notwithstanding division (A) of this section, any 30,146
animal owner or his THE OWNER'S designee may engage in the 30,147
practice of embryo transfer on the owner's animal if a licensed 30,148
veterinarian directly supervises the owner or his THE OWNER'S 30,149
696
designee and the means used to perform the embryo transfer are 30,150
nonsurgical.
Sec. 4747.05. (A) The hearing aid dealers and fitters 30,159
licensing board shall issue to each applicant, within sixty days 30,160
of receipt of a properly completed application and payment of two 30,161
hundred FIFTY dollars, a hearing aid dealer's or fitter's license 30,162
if the applicant, if an individual: 30,163
(1) Is at least eighteen years of age; 30,165
(2) Is a person of good moral character; 30,167
(3) Is free of contagious or infectious disease; 30,169
(4) Has successfully passed a qualifying examination 30,171
specified and administered by the board. 30,172
(B) If the applicant is a firm, partnership, association, 30,174
or corporation, the application, in addition to such information 30,175
as the board requires, shall be accompanied by an application for 30,176
a license for each person, whether owner or employee, of the 30,177
firm, partnership, association, or corporation, who engages in 30,178
dealing in or fitting of hearing aids, or shall contain a 30,179
statement that such applications are submitted separately. No 30,180
firm, partnership, association, or corporation licensed pursuant 30,181
to this chapter shall permit any unlicensed person to sell or fit 30,182
hearing aids. 30,183
(C) Each license issued expires on the thirtieth day of 30,185
January of the year following that in which it was issued. 30,186
Sec. 4747.06. (A) Each person engaged in the practice of 30,195
dealing in or fitting of hearing aids who holds a valid hearing 30,196
aid dealer's or fitter's license shall apply annually to the 30,197
hearing aid dealers and fitters licensing board for renewal of 30,198
such license under the standard renewal procedure specified in 30,199
Chapter 4745. of the Revised Code. The board shall issue to each 30,200
applicant, on proof of completion of the continuing education 30,201
required by division (B) of this section and payment of one 30,202
hundred twenty-five FIFTY dollars on or before the first day of 30,204
February, one hundred fifty SEVENTY-FIVE dollars on or before the 30,205
697
first day of March, or one TWO hundred seventy-five dollars 30,206
thereafter, a renewed hearing aid dealer's or fitter's license. 30,207
No person who applies for renewal of a hearing aid dealer's or 30,208
fitter's license that has expired shall be required to take any 30,209
examination as a condition of renewal provided application for 30,210
renewal is made within two years of the date such license 30,211
expired.
(B) Each person engaged in the practice of dealing in or 30,214
fitting of hearing aids who holds a valid hearing aid dealer's or 30,215
fitter's license shall complete each year not less than ten hours 30,216
of continuing professional education approved by the board. On a 30,218
form provided by the board, the person shall certify to the 30,220
board, at the time of license renewal pursuant to division (A) of 30,221
this section, that in the preceding year the person has completed 30,222
continuing education in compliance with this division and shall 30,223
submit any additional information required by rule of the board 30,225
regarding the continuing education. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing 30,228
the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements. 30,229
Continuing education may be applied to meet the requirement 30,232
of this division if it is provided or certified by any of the 30,233
following:
(1) The national institute of hearing instruments studies 30,235
committee of the international hearing society; 30,236
(2) The American speech-language hearing association; 30,239
(3) The American academy of audiology. 30,241
The board may excuse persons licensed under this chapter, 30,244
as a group or as individuals, from all or any part of the 30,245
requirements of this division because of an unusual circumstance,
emergency, or special hardship. 30,246
Sec. 4747.07. Each person who holds a hearing aid dealer's 30,255
or fitter's license and engages in the practice of dealing in and 30,257
fitting of hearing aids shall display such license in a 30,258
698
conspicuous place in his THE PERSON'S office or place of business 30,259
at all times. Each person who maintains more than one office or 30,260
place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing 30,261
board shall issue duplicate copies of a license upon receipt of a 30,263
properly completed application and payment of ten FIFTEEN dollars 30,264
for each copy requested.
Sec. 4747.10. Each person currently engaged in training to 30,273
become a licensed hearing aid dealer or fitter shall apply to the 30,274
hearing aid dealers and fitters licensing board for a hearing aid 30,275
dealer's and fitter's trainee permit. The board shall issue to 30,276
each applicant within thirty days of receipt of a properly 30,277
completed application and payment of seventy-five ONE HUNDRED 30,278
dollars, a trainee permit if such applicant is: 30,279
(A) At least eighteen years of age; 30,281
(B) The holder of a diploma from an accredited high 30,283
school, or possesses an equivalent education; 30,284
(C) A person of good moral character; 30,286
(D) Free of contagious or infectious disease. 30,288
Each trainee permit issued by the board expires one year 30,290
from the date it was first issued, and may be renewed once if the 30,291
trainee has not successfully completed the qualifying 30,292
requirements for licensing as a hearing aid dealer or fitter 30,293
before the expiration date of such permit. The board shall issue 30,294
a renewed permit to each applicant upon receipt of a properly 30,295
completed application and payment of seventy-five ONE HUNDRED 30,296
dollars. No person holding a trainee permit shall engage in the 30,297
practice of dealing in or fitting of hearing aids except while 30,298
under supervision by a licensed hearing aid dealer or fitter. 30,299
Sec. 4747.13. (A) Any person who wishes to make a 30,308
complaint against any person, firm, partnership, association, or 30,309
corporation licensed pursuant to this chapter shall submit such 30,310
complaint in writing to the hearing aid dealers and fitters 30,311
licensing board within one year from the date of the action or
699
event upon which the complaint is based. The hearing aid dealers 30,312
and fitters board shall determine whether the charges in the 30,313
complaint are of a sufficiently serious nature to warrant a 30,314
hearing before the board to determine whether the license or 30,315
permit held by the person complained against shall be revoked or 30,316
suspended. If the board determines that a hearing is warranted,
then it shall fix the time and place of such hearing and deliver 30,317
or cause to have delivered, either in person or by registered 30,318
mail, at least twenty days before the date of such hearing, an 30,319
order instructing the licensee complained against of the date, 30,320
time, and place where he THE LICENSEE shall appear before the 30,321
board. Such order shall include a copy of the complaint against 30,322
the licensee.
The board, and the licensee after receipt of the order and 30,324
a copy of the complaint made against him THE LICENSEE, may take 30,325
depositions in advance of the hearing, provided that each party 30,327
taking depositions shall give at least five days notice to the 30,328
other party of the time, date, and place where such depositions
shall be taken. Each party shall have the right to attend with 30,329
counsel the taking of such depositions and may cross-examine the 30,330
deponent or deponents. Each licensee appearing before the board 30,331
may be represented by counsel. No person shall have his THE 30,332
PERSON'S license or permit revoked or suspended without an 30,333
opportunity to present his THE PERSON'S case at a hearing before 30,334
the board, and the board shall grant a continuance or adjournment 30,336
of a hearing date for good cause. Each person whose license or 30,337
permit is suspended or revoked by the board may appeal such 30,338
action to the board or to the court of common pleas.
(B) The board shall petition the court of common pleas of 30,340
the county in which a person, firm, partnership, or corporation 30,341
on or after January 1, 1970, engages in the sale, practice of 30,343
dealing in or fitting of hearing aids, advertises or assumes such 30,344
practice, or engages in training to become a licensed hearing aid
dealer or fitter without first being licensed, for an order 30,345
700
enjoining any such acts or practices. The court may grant such 30,346
injunctive relief upon a showing that the respondent named in the 30,347
petition is engaging in such acts or practices without being 30,348
licensed under Chapter 4747. of the Revised Code THIS CHAPTER. 30,349
Sec. 4759.05. The Ohio board of dietetics shall: 30,358
(A) Adopt, amend, or rescind rules pursuant to Chapter 30,360
119. of the Revised Code to carry out the provisions of this 30,361
chapter, including rules governing the following: 30,362
(1) Selection and approval of a dietitian licensure 30,364
examination offered by the commission on dietetic registration or 30,365
any other examination; 30,366
(2) The examination of applicants for licensure as a 30,368
dietitian, to be held at least twice annually, as required under 30,369
division (A) of section 4759.06 of the Revised Code; 30,370
(3) Requirements for pre-professional dietetic experience 30,372
of applicants for licensure as a dietitian that are at least 30,373
equivalent to the requirements adopted by the commission on 30,374
dietetic registration; 30,375
(4) Requirements for a person holding a limited permit 30,377
under division (F) of section 4759.06 of the Revised Code and, 30,378
INCLUDING THE DURATION OF VALIDITY OF A LIMITED PERMIT; 30,379
(5) REQUIREMENTS FOR a licensed dietitian who places his A 30,382
license in inactive status under division (G) of section 4759.06
of the Revised Code, including a procedure for changing inactive 30,383
status to active status; 30,384
(5)(6) Continuing education requirements for renewal of a 30,386
license, except that the board may adopt rules to waive the 30,387
requirements for a person who is unable to meet the requirements 30,388
due to illness or other reasons. Rules adopted under this 30,389
division shall be consistent with the continuing education 30,390
requirements adopted by the commission on dietetic registration. 30,391
(6)(7) Any additional education requirements the board 30,393
considers necessary, for applicants who have not practiced 30,394
dietetics within five years of the initial date of application 30,395
701
for licensure; 30,396
(7)(8) Standards of professional responsibility and 30,398
practice for persons licensed under this chapter that are 30,399
consistent with those standards of professional responsibility 30,400
and practice adopted by the American dietetic association; 30,401
(8)(9) Formulation of a written application form for 30,403
licensure or license renewal that includes the statement that any 30,404
applicant who knowingly makes a false statement on the 30,405
application is guilty of a misdemeanor of the first degree under 30,406
section 2921.13 of the Revised Code; 30,407
(9)(10) Procedures for license renewal; 30,409
(10)(11) Establishing a time period after the notification 30,411
of a violation of section 4759.02 of the Revised Code, by which 30,412
the person notified must request a hearing by the board under 30,413
section 4759.09 of the Revised Code. 30,414
(B) Investigate alleged violations of section 4759.02 to 30,416
4759.10 of the Revised Code. In making its investigations, the 30,417
board may issue subpoenas, examine witnesses, and administer 30,418
oaths. 30,419
(C) Adopt a seal; 30,421
(D) Conduct meetings and keep records as are necessary to 30,423
carry out the provisions of this chapter; 30,424
(E) Publish, and make available to the public, upon 30,426
request and for a fee not to exceed the actual cost of printing 30,427
and mailing, the board's rules and requirements for licensure 30,428
adopted under division (A) of this section and a record of all 30,429
persons licensed under section 4759.06 of the Revised Code. 30,430
Sec. 4759.06. (A) The Ohio board of dietetics shall issue 30,439
or renew a license to practice dietetics to an applicant who: 30,440
(1) Has satisfactorily completed an application for 30,442
licensure in accordance with division (A) of section 4759.05 of 30,443
the Revised Code; 30,444
(2) Has paid the fee required under division (A) of 30,446
section 4759.08 of the Revised Code; 30,447
702
(3) Is a resident of the state or performs or plans to 30,449
perform dietetic services within the state; 30,450
(4) Is of good moral character; 30,452
(5) Has received a baccalaureate or higher degree from an 30,454
institution of higher education that is approved by the board or 30,455
a regional accreditation agency that is recognized by the council 30,456
on postsecondary accreditation, and has completed a program 30,457
consistent with the academic standards for dietitians established 30,458
by the American dietetic association; 30,459
(6) Has successfully completed a pre-professional dietetic 30,461
experience approved by the American dietetic association, or 30,462
experience approved by the board under division (A)(3) of section 30,463
4759.05 of the Revised Code; 30,464
(7) Has passed the examination approved by the board under 30,466
division (A)(1) of section 4759.05 of the Revised Code; 30,467
(8) Is an applicant for renewal of a license, and has 30,469
fulfilled the continuing education requirements adopted under 30,470
division (A)(5)(6) of section 4759.05 of the Revised Code. 30,471
(B) The board shall waive the requirements of divisions 30,473
(A)(5), (6), and (7) of this section and any rules adopted under 30,474
division (A)(6)(7) of section 4759.05 of the Revised Code if the 30,476
applicant presents satisfactory evidence to the board of current
registration as a registered dietitian with the commission on 30,477
dietetic registration. 30,478
(C) The board shall waive the requirements of division 30,480
(A)(7) of this section if the application for renewal is made 30,481
within two years after the date of license expiration. 30,482
(D) The board may waive the requirements of division 30,484
(A)(5), (6), or (7) of this section or any rules adopted under 30,485
division (A)(6)(7) of section 4759.05 of the Revised Code, if the 30,487
applicant presents satisfactory evidence of education, 30,488
experience, or passing an examination in another state or a 30,489
foreign country, that the board considers the equivalent of the 30,490
requirements stated in those divisions or rules. 30,491
703
(E) The board shall issue an initial license to practice 30,493
dietetics to an applicant who meets the requirements of division 30,494
(A) of this section. An initial license shall be valid from the 30,495
date of issuance through the thirtieth day of June following 30,496
issuance of the license. Each subsequent license shall be valid 30,497
from the first day of July through the thirtieth day of June. The 30,499
board shall renew the license of an applicant who is licensed to 30,500
practice dietetics and who meets the continuing education
requirements of division (A)(5)(6) of section 4759.05 of the 30,501
Revised Code. The renewal shall be pursuant to the standard 30,503
renewal procedure of sections 4745.01 to 4745.03 of the Revised 30,504
Code.
(F) The board may grant a limited permit to a person who 30,506
has completed the education and pre-professional requirements of 30,507
divisions (A)(5) and (6) of this section and who presents 30,508
evidence to the board of his application HAVING APPLIED to take 30,509
the examination approved by the board under division (A)(1) of 30,510
section 4759.05 of the Revised Code. The permit may be renewed 30,511
one time if the applicant has failed the examination and has 30,512
applied to take the next available examination. The permit and 30,513
renewal permit shall expire thirty days after the appropriate 30,514
examination results are made public. A person holding a limited 30,515
permit who has failed the examination shall practice only under 30,516
the direct supervision of a licensed dietitian. 30,517
(G) A licensed dietitian may place his THE license in 30,519
inactive status. 30,520
Sec. 4766.02. (A) There is hereby created the Ohio 30,529
ambulance licensing board, consisting of five voting members and 30,530
one nonvoting member who shall be residents of this state and 30,531
appointed by the governor with the advice and consent of the 30,532
senate. Except as provided in division (B) of this section, 30,533
members shall serve terms of two years. One voting member shall 30,534
be a member of the Ohio ambulance association; two voting 30,535
members, one of whom shall be a licensed funeral director, shall 30,536
704
be owners or operators of private emergency medical service 30,537
organizations operating in this state; one voting member shall be 30,538
a consumer of emergency medical services who is not associated 30,539
with any public or private emergency medical service 30,540
organization; and one voting member shall be an official with a 30,541
public emergency medical service organization. A physician who 30,542
holds a certificate to practice issued under Chapter 4731. of the 30,543
Revised Code who is a member of the American college of emergency 30,544
physicians shall serve as the nonvoting member. The board shall 30,545
annually select from its membership a chair and a vice-chair to 30,547
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 30,549
appointed for terms of one year and three for terms of two years. 30,550
Any member appointed to fill a vacancy occurring prior to the 30,551
expiration date of the term for which the member's predecessor 30,552
was appointed shall hold office for the remainder of that term. 30,553
Every member shall continue in office subsequent to the 30,554
expiration date of the member's term until the member's successor 30,556
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 30,557
(C) Three voting members shall constitute a quorum for the 30,559
transaction of business, and the affirmative vote of three 30,560
members is required for the board to take any official action. 30,561
The board, after notice and hearing, may remove a member by 30,562
majority vote for malfeasance, misfeasance, or nonfeasance. 30,563
Members of the board shall be reimbursed for actual and 30,565
necessary expenses incurred in attending meetings of the board 30,566
and in the performance of their official duties. The board may 30,567
hire such employees as are necessary to enable it to execute its 30,568
duties. 30,569
(D) The division of emergency medical services within the 30,571
department of public safety shall provide the board with office 30,572
space at no cost, but the board shall not be a part of the 30,573
division or the department. 30,574
705
(E) The board is the sole supervisory body regarding the 30,576
licensing of private ambulance service organizations in this 30,577
state.
Sec. 4766.04. (A) Except as otherwise provided in this 30,586
chapter, no person shall furnish, operate, conduct, maintain, 30,587
advertise, engage in, or propose or profess to engage in the 30,588
business or service of transporting persons who are seriously 30,589
ill, injured, or otherwise incapacitated in this state unless the 30,590
person is licensed pursuant to this section. 30,592
(B) To qualify for a license as a basic life-support, 30,594
intermediate life-support, or advanced life-support service 30,595
organization, an emergency medical service organization shall do 30,597
all of the following:
(1) Apply for a permit for each ambulance and nontransport 30,599
vehicle owned or leased as provided in section 4766.07 of the 30,601
Revised Code; 30,602
(2) Meet all requirements established in rules adopted by 30,605
the Ohio ambulance licensing board regarding ambulances and 30,606
nontransport vehicles, including requirements pertaining to 30,608
equipment, communications systems, staffing, and level of care 30,609
the particular organization is permitted to render; 30,610
(3) Maintain the appropriate type and amount of insurance 30,612
or self-insurance as specified in section 4766.06 of the Revised 30,613
Code; 30,614
(4) Meet all other requirements established under rules 30,616
adopted by the board for the particular license. 30,617
(C) To apply for a license as a basic life-support, 30,619
intermediate life-support, or advanced life-support service 30,620
organization, an emergency medical service organization shall 30,621
submit a completed application to the board, on a form provided 30,623
by the board for each particular license, together with the 30,624
appropriate fees established under section 4766.05 of the Revised 30,625
Code. The application form shall include all of the following: 30,626
(1) The name and business address of the operator of the 30,628
706
organization for which licensure is sought; 30,629
(2) The name under which the applicant will operate the 30,631
organization; 30,632
(3) A list of the names and addresses of all officers and 30,634
directors of the organization; 30,635
(4) A description of each vehicle to be used, including 30,637
the make, model, year of manufacture, mileage, vehicle 30,638
identification number, and the color scheme, insignia, name, 30,639
monogram, or other distinguishing characteristics to be used to 30,640
designate the applicant's vehicle; 30,641
(5) The location and description of each place from which 30,643
the organization will operate; 30,644
(6) A description of the geographic area to be served by 30,646
the applicant; 30,647
(7) Any other information the board, by rule, determines 30,649
necessary. 30,650
(D) Within sixty days after receiving a completed 30,652
application for licensure as a basic life-support, intermediate 30,653
life-support, or advanced life-support service organization, the 30,654
board shall approve or deny the application. The board shall 30,655
deny an application if it determines that the applicant does not 30,656
meet the requirements of this chapter or any rules adopted under 30,658
it. The board shall send notice of the denial of an application 30,660
by certified mail to the applicant. The applicant may request a 30,661
hearing within ten days after receipt of the notice. If the 30,662
board receives a timely request, it shall hold a hearing in 30,664
accordance with Chapter 119. of the Revised Code. 30,665
(E) If an applicant or licensee operates or plans to 30,667
operate an organization in more than one location under the same 30,668
or different identities, the applicant or licensee shall apply 30,669
for and meet all requirements for licensure or renewal of a 30,670
license, other than payment of a license fee or renewal fee, for 30,671
operating the organization at each separate location. An 30,672
applicant or licensee that operates or plans to operate under the 30,673
707
same organization identity in separate locations shall pay only a 30,674
single license fee. 30,675
(F) Each license issued under this section and each permit 30,677
issued under section 4766.07 of the Revised Code expires two 30,678
years ONE YEAR after the date of issue ISSUANCE and may be 30,680
renewed in accordance with the standard renewal procedures of 30,682
Chapter 4745. of the Revised Code, EXCEPT THAT A LICENSE OR 30,683
PERMIT ISSUED IN 1998 OR IN 1999 PRIOR TO THE EFFECTIVE DATE OF 30,684
THIS AMENDMENT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. 30,685
An application for renewal shall include the license or permit 30,687
renewal fee established under section 4766.05 of the Revised 30,689
Code. An applicant for renewal of a permit also shall submit to 30,690
the board proof of an annual inspection of the vehicle for which 30,692
permit renewal is sought. The board shall renew a license if the 30,693
applicant meets the requirements for licensure and shall renew a 30,695
permit if the applicant and vehicle meet the requirements to 30,696
maintain a permit for that vehicle.
(G) Each licensee shall maintain accurate records of all 30,698
service responses conducted. The records shall be maintained on 30,700
forms prescribed by the board and shall contain information as 30,702
specified by rule by the board.
Sec. 4766.05. (A) The Ohio ambulance licensing board 30,712
shall establish by rule a license fee, a permit fee for each 30,713
ambulance and nontransport vehicle owned or leased by the 30,714
licensee that is or will be used as provided in section 4766.07 30,715
of the Revised Code, and fees for renewals of licenses and 30,716
permits, taking into consideration the actual costs incurred by 30,717
the board in carrying out its duties under this chapter. However, 30,719
the fee for each license and each renewal of a license shall not 30,720
exceed two ONE hundred dollars, and the fee for each permit and 30,722
each renewal of a permit shall not exceed one hundred FIFTY
dollars for each ambulance and nontransport vehicle. For 30,724
purposes of establishing fees, "actual costs" include INCLUDES 30,725
the costs of salaries, expenses, inspection equipment, 30,727
708
supervision, and program administration. 30,728
(B) The board shall deposit all fees and other moneys 30,730
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of 30,731
the Revised Code in the state treasury to the credit of the 30,732
ambulance licensing trust fund, which is hereby created. All 30,733
moneys from the fund shall be used solely for the salaries and 30,734
expenses of the board incurred in implementing and enforcing this 30,735
chapter. 30,736
Sec. 4766.07. (A) Each emergency medical service 30,745
organization subject to licensure under this chapter shall 30,746
possess a valid permit for each ambulance and nontransport 30,747
vehicle it owns or leases that is or will be used by the licensee 30,749
to perform the services permitted by the license. Each licensee 30,750
and license applicant shall submit the appropriate fee and an 30,751
application for a permit for each ambulance and nontransport 30,752
vehicle to the Ohio ambulance licensing board on forms provided 30,754
by the board. The application shall include documentation that 30,755
the vehicle meets the appropriate standards set by the board, 30,756
that the vehicle has been inspected pursuant to division (C) of 30,758
this section, that the permit applicant maintains insurance or 30,759
self-insurance as provided in section 4766.06 of the Revised
Code, and that the vehicle and permit applicant meet any other 30,762
requirements established under rules adopted by the board. 30,764
(B)(1) Within sixty days after receiving a completed 30,766
application for a permit, the board shall issue or deny the 30,767
permit. The board shall deny an application if it determines 30,768
that the permit applicant or vehicle does not meet the 30,769
requirements of this chapter and the rules adopted under it that 30,771
apply to permits for ambulances and nontransport vehicles. The 30,773
board shall send notice of the denial of an application by 30,774
certified mail to the permit applicant. The permit applicant may 30,775
request a hearing within ten days after receipt of the notice. 30,776
If the board receives a timely request, it shall hold a hearing 30,777
in accordance with Chapter 119. of the Revised Code. 30,778
709
(2) If the board issues the vehicle permit, it also shall 30,780
issue a decal, in a form prescribed by rule, to be displayed on 30,781
the rear window of the vehicle. The board shall not issue a 30,782
decal until all of the requirements for licensure and permit 30,783
issuance have been met. 30,784
(C) In addition to any other requirements that the board 30,786
establishes by rule, a licensee or license applicant applying for 30,787
an initial vehicle permit under division (A) of this section 30,788
shall submit to the state highway patrol and the board the 30,789
vehicle for which the permit is sought. Thereafter, a licensee 30,791
shall annually submit to the state highway patrol and the board 30,792
each vehicle for which a permit has been issued. 30,793
(1) The state highway patrol shall conduct a physical 30,795
inspection of an ambulance or nontransport vehicle to determine 30,796
its roadworthiness and compliance with standard motor vehicle 30,797
requirements. 30,798
(2) The board shall conduct a physical inspection of the 30,800
medical equipment, communication system, and interior of an 30,802
ambulance to determine the operational condition and safety of 30,805
the equipment and the ambulance's interior and to determine 30,807
whether the ambulance is in compliance with the federal 30,808
requirements for ambulance construction that were in effect at 30,810
the time the ambulance was manufactured, as specified by the 30,813
general services administration in the various versions of its 30,814
publication titled "federal specification for the star-of-life 30,815
ambulance, KKK-A-1822." 30,816
(3) The board and state highway patrol shall issue a 30,818
certificate to the applicant for each vehicle that passes the 30,820
inspection and may assess a fee for each inspection, as 30,821
established by the board.
(4) The board, in consultation with the state highway 30,823
patrol, shall adopt rules regarding the implementation and 30,824
coordination of the state highway patrol and board inspections. 30,825
The rules may permit the board to contract with a third party to 30,826
710
conduct the inspections required of the board under this section. 30,827
(D) If an emergency medical service organization that has 30,829
made timely application to the board for a vehicle permit has 30,830
reasonable cause to believe that the state highway patrol will 30,831
not be able to conduct the required inspection before the date by 30,832
which the organization is required to renew the registration of 30,833
the ambulance or nontransport vehicle with the bureau of motor 30,835
vehicles, the organization may apply to the board for a temporary 30,836
vehicle permit. Such a permit shall be valid for a period of no 30,837
more than thirty days from the date of issuance, and shall be 30,838
accepted by the registrar of motor vehicles when the organization 30,839
applies for registration of the vehicle under section 4503.49 of 30,841
the Revised Code. 30,842
Sec. 4773.04. (A) The department of health shall examine, 30,851
or PURSUANT TO SECTION 3701.044 OF THE REVISED CODE contract with 30,852
another entity to examine, each qualified applicant for a license 30,854
issued under this chapter. To be eligible for admittance to an 30,855
examination, an applicant must submit evidence satisfactory to 30,856
the department or other examiner that the applicant has
successfully completed a course of study in the appropriate area 30,857
of practice and the course of study must have been conducted by 30,858
an educational program accredited by the department under section 30,859
4773.07 of the Revised Code.
In examining or providing CONTRACTING for the examination 30,861
of applicants, the department shall ensure that an opportunity to 30,863
take an examination is available as follows: 30,865
(1) At least once each month for individuals applying to 30,867
be licensed as general x-ray machine operators; 30,868
(2) At least three times each year for individuals 30,870
applying to be licensed as radiographers, radiation therapy 30,871
technologists, or nuclear medicine technologists. 30,872
(B) The department shall develop OR CONTRACT FOR a 30,874
separate examination for each type of license issued under this 30,875
chapter. An examination may consist of all or part of any 30,877
711
standard examination created by other entities ANY ENTITY for 30,878
purposes of determining the competence of individuals to practice 30,880
as general x-ray machine operators, radiographers, radiation 30,881
therapy technologists, or nuclear medicine technologists. 30,882
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 30,891
of the Revised Code: 30,892
(1) "Uniform registration" has the same meaning as 30,894
"registration" as used in the final report submitted to the 30,895
United States secretary of transportation, pursuant to subsection 30,896
(c) of section 22 of the "Hazardous Materials Transportation 30,897
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 30,898
1819.
(2) "Uniform permit" has the same meaning as "permit" as 30,900
used in the final report submitted to the United States secretary 30,901
of transportation, pursuant to subsection (c) of section 22 of 30,902
the "Hazardous Materials Transportation Uniform Safety Act of 30,903
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 30,904
(B)(1) The public utilities commission may adopt rules 30,906
applicable to the uniform registration and uniform permitting of 30,907
persons engaged in the highway transportation of hazardous 30,908
materials into, through, or within this state. Until November 30,909
17, 2000, rules adopted under this division shall be consistent 30,911
with, and equivalent in scope, coverage, and content to, the 30,912
final report submitted to the United States secretary of 30,913
transportation pursuant to subsection (c) of section 22 of the 30,914
"Hazardous Materials Transportation Uniform Safety Act of 1990," 30,915
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 30,916
November 17, 2000, the rules shall be consistent with, and 30,918
equivalent in scope, coverage, and content to, section 22 of the 30,919
"Hazardous Materials Transportation Uniform Safety Act of 1990," 30,920
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 30,921
adopted under that section. The commission may adopt additional 30,922
rules for the implementation and administration of the uniform 30,923
registration and permitting system established by rule under this 30,924
712
section, including rules SHALL INCLUDE RULES staggering the 30,925
registration date for carriers and reducing or extending, by no 30,927
more than one year, the permit renewal period for carriers. 30,928
Rules adopted or amended under division (B)(1) of this 30,930
section on or after November 17, 2000, shall be adopted or 30,931
amended in accordance with Chapter 119. of the Revised Code. 30,933
(2) For the purpose of minimizing filing requirements 30,935
regarding any background investigation required for the issuance 30,936
of a uniform permit as a carrier of hazardous wastes, the 30,937
commission shall accept from any applicant for such a permit any 30,938
refiling of information the applicant has filed with the office 30,939
of the attorney general under section 3734.42 of the Revised Code 30,940
or any reference to such information, if the refiled or 30,941
referenced information is on file with the office of the attorney 30,942
general, is accurate and timely for the commission's purposes 30,943
under this section, and is supplemented by any additional 30,944
information the commission requires. The office of the attorney 30,945
general, as necessary for any such background investigation, 30,946
shall make accessible to the commission any such information 30,947
referenced or refiled in an application for a uniform permit as a 30,948
carrier of hazardous wastes that the attorney general determines 30,949
may be disclosed in accordance with section 3734.42 of the 30,950
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 30,951
Revised Code affects any limitations under section 3734.42 of the 30,952
Revised Code on the disclosure of that information. 30,953
(C)(1) The fees for uniform registration and a uniform 30,955
permit as a carrier of hazardous materials shall consist of the 30,956
following: 30,957
(a) A processing fee of fifty dollars; 30,959
(b) An apportioned per-truck registration fee, which shall 30,961
be calculated by multiplying the percentage of a registrant's 30,962
activity in this state times the percentage of the registrant's 30,963
business that is hazardous-materials-related, times the number of 30,964
vehicles owned or operated by the registrant, times a per-truck 30,965
713
fee determined by order of the commission following public notice 30,966
and an opportunity for comment. 30,967
However, the total revenue from the apportioned per-truck 30,969
registration fee shall not exceed the appropriation of the 30,970
general assembly for the hazardous materials registration fund 30,971
created under division (C)(3) of this section. In determining 30,972
the per-truck fee, the commission shall calculate the difference 30,974
between the appropriation from the fund for the current fiscal 30,976
year and the net total of the processing fees collected in the 30,977
previous registration year under division (C)(1)(a) of this 30,978
section, fees collected under division (C)(2) of this section, 30,979
refunds to carriers from overpayments of fees collected under 30,980
this section, and fees paid to other states under division (D) of 30,981
this section, and shall divide that calculated amount by the 30,982
total number of apportioned trucks determined on the basis of 30,984
information submitted by all registrants in the previous
registration year. If the calculated amount is zero or less, the 30,985
fee shall be zero. Any interested party, in accordance with 30,986
division (H) of this section, may appeal to the court of appeals 30,987
of Franklin county an order of the commission establishing the 30,988
apportioned per-truck registration fee. 30,989
(i) The percentage of a registrant's activity in this 30,991
state shall be calculated by dividing the number of miles that 30,992
the registrant travels in this state under the international 30,993
registration plan, pursuant to section 4503.61 of the Revised 30,994
Code, by the number of miles that the registrant travels 30,995
nationwide under the international registration plan. 30,996
Registrants that operate solely within this state shall use one 30,997
hundred per cent as their percentage of activity. Registrants 30,998
that do not register their vehicles through the international 30,999
registration plan shall calculate activity in the state in the 31,000
same manner as that required by the international registration 31,001
plan. 31,002
(ii) The percentage of a registrant's business that is 31,004
714
hazardous-materials-related shall be calculated, for 31,005
less-than-truckload shipments, by dividing the weight of all the 31,006
registrant's hazardous materials shipments by the total weight of 31,007
all shipments in the previous year. The percentage of a 31,008
registrant's business that is hazardous-materials-related shall 31,009
be calculated, for truckload shipments, by dividing the number of 31,010
shipments for which placarding, marking of the vehicle, or 31,011
manifesting, as appropriate, was required by regulations adopted 31,012
under sections 4 to 6 of the "Hazardous Materials Transportation 31,013
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 31,014
1804, by the total number of the registrant's shipments that 31,015
transported any kind of goods in the previous year. A registrant 31,016
that transports both less-than-truckload and truckload shipments 31,017
of hazardous materials shall calculate the percentage of business 31,018
that is hazardous-materials-related on a proportional basis. 31,019
(iii) A registrant may utilize fiscal year, or calendar 31,021
year, or other current company accounting data, or other publicly 31,022
available information, in calculating the percentages required by 31,023
divisions (C)(1)(b)(i) and (ii) of this section. 31,024
(2) The commission, after notice and opportunity for a 31,026
hearing, may assess each carrier a fee for any background 31,027
investigation required for the issuance, for the purpose of 31,028
section 3734.15 of the Revised Code, of a uniform permit as a 31,029
carrier of hazardous wastes and fees related to investigations 31,030
and proceedings for the denial, suspension, or revocation of a 31,031
uniform permit as a carrier of hazardous materials. The fees 31,032
shall not exceed the reasonable costs of the investigations and 31,033
proceedings. The fee for a background investigation for a 31,034
uniform permit as a carrier of hazardous wastes shall be six 31,035
hundred dollars plus the costs of obtaining any necessary 31,036
information not included in the permit application, to be 31,037
calculated at the rate of thirty dollars per hour, not exceeding 31,038
six hundred dollars, plus any fees payable to obtain necessary 31,040
information.
715
(3) All fees collected under division (C)(1) of this 31,042
section and all background investigation and permit denial, 31,043
suspension, and revocation investigation and proceeding fees 31,045
collected under division (C)(2) of this section shall be credited 31,046
to the hazardous materials registration fund, which is hereby 31,047
created in the state treasury. Moneys in that fund shall be used 31,048
by the commission to administer and enforce sections 4905.80 to 31,049
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 31,051
adopted under division (B) of this section, may enter into 31,052
agreements, contracts, arrangements, or declarations with other 31,053
states and with the national repository, established pursuant to 31,054
the final report submitted to the United States secretary of 31,055
transportation, pursuant to subsection (c) of section 22 of the 31,056
"Hazardous Materials Transportation Uniform Safety Act of 1990," 31,057
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 31,058
contracts, arrangements, or declarations shall include, but not 31,059
be limited to, the determination of a base state, the collection 31,060
of uniform registration fees, the frequency of distribution of 31,061
uniform registration fees, procedures for dispute resolution, and 31,062
protection of trade secrets and confidential business 31,063
information. 31,064
(E) The first eight hundred thousand dollars of 31,066
forfeitures collected under section 4905.83 of the Revised Code 31,067
during each of fiscal years 1995 to 2000 and during fiscal year 31,069
2001 until November 17, 2000, shall be credited to the hazardous 31,071
materials transportation fund, which is hereby created in the 31,072
state treasury. Any forfeitures in excess of that amount 31,073
collected during each such period and any forfeitures collected 31,074
on or after November 17, 2000, FISCAL YEAR shall be credited to 31,075
the general revenue fund. In each of fiscal years 1995 to 2000 31,076
and in fiscal year 2001 until November 17, 2000, the commission 31,079
shall distribute moneys credited to the hazardous materials 31,080
transportation fund under this division for the purposes of 31,081
716
emergency response planning and the training of safety, 31,082
enforcement, and emergency services personnel in proper 31,083
techniques for the management of hazardous materials releases 31,084
that occur during transportation or otherwise. For these 31,085
purposes, fifty per cent of all such moneys credited to the fund 31,086
shall be distributed to Cleveland state university, and fifty 31,087
FORTY-FIVE per cent shall be distributed to other educational 31,089
institutions, state agencies, regional planning commissions, and 31,090
political subdivisions, AND FIVE PER CENT SHALL BE RETAINED BY 31,091
THE COMMISSION FOR THE ADMINISTRATION OF THIS SECTION AND FOR
TRAINING EMPLOYEES. However, if, in any such period, moneys 31,093
credited to the fund under this division equal an amount less 31,094
than four hundred thousand dollars, the commission shall 31,095
distribute, to the extent of the fund, two hundred thousand 31,096
dollars to Cleveland state university and the remainder to other 31,097
educational institutions, state agencies, regional planning 31,098
commissions, and political subdivisions. 31,099
(F)(1) No person shall violate or fail to perform a duty 31,101
imposed by this section or a rule adopted under it. 31,102
(2) No person shall knowingly falsify or fail to submit 31,104
any data, reports, records, or other information required to be 31,105
submitted to the commission pursuant to this section or a rule 31,106
adopted under it. For purposes of division (F)(2) of this 31,107
section, a person acts knowingly if either of the following 31,108
applies: 31,109
(a) The person has actual knowledge of the facts giving 31,111
rise to the violation. 31,112
(b) A reasonable person acting in the circumstances and 31,114
exercising due care would have such knowledge. 31,115
(G) After notice and opportunity for a hearing, the 31,117
commission, pursuant to criteria set forth in rules adopted under 31,118
division (B) of this section, may suspend, revoke, or deny the 31,119
uniform permit as a carrier of hazardous materials of any carrier 31,120
that has obtained or applied for such a uniform permit from the 31,121
717
commission pursuant to rules adopted under that division, or the 31,122
commission may order the suspension of the transportation of 31,123
hazardous materials into, through, or within this state by a 31,124
carrier that has obtained a uniform permit from another state 31,125
that has a reciprocity agreement with the commission pursuant to 31,126
division (D) of this section. 31,127
(H)(1) The proceedings specified in division (G) of this 31,129
section are subject to and governed by Chapter 4903. of the 31,130
Revised Code, except as otherwise provided in this section. The 31,131
court of appeals of Franklin county has exclusive original 31,132
jurisdiction to review, modify, or vacate any order of the 31,133
commission suspending, revoking, or denying a uniform permit as a 31,134
carrier of hazardous materials of any carrier that has obtained 31,135
or applied for a uniform permit from the commission pursuant to 31,136
rules adopted under division (B) of this section, or any order of 31,137
the commission suspending the transportation of hazardous 31,138
materials into, through, or within this state by a carrier that 31,139
has obtained a uniform permit from another state that has a 31,140
reciprocity agreement with the commission under division (D) of 31,141
this section. The court of appeals shall hear and determine 31,142
those appeals in the same manner and under the same standards as 31,143
the Ohio supreme court hears and determines appeals under Chapter 31,144
4903. of the Revised Code. 31,145
The judgment of the court of appeals is final and 31,147
conclusive unless reversed, vacated, or modified on appeal. Such 31,148
appeals may be taken either by the commission or the person to 31,149
whom the order was issued and shall proceed as in the case of 31,150
appeals in civil actions as provided in Chapter 2505. of the 31,151
Revised Code. 31,152
(2) Section 4903.11 of the Revised Code does not apply to 31,154
appeals of any order of the commission suspending, revoking, or 31,155
denying a uniform permit of a carrier that has obtained or 31,156
applied for a uniform permit from the commission pursuant to 31,157
rules adopted under division (B) of this section, or of any order 31,158
718
of the commission suspending the transportation of hazardous 31,159
materials into, through, or within this state by a carrier that 31,160
has obtained a uniform permit from another state that has a 31,161
reciprocity agreement with the commission pursuant to division 31,162
(D) of this section. Any person to whom such AN order is issued 31,163
who wishes to contest the order shall file, within sixty days 31,164
after the entry of the order upon the journal of the commission, 31,165
a notice of appeal, setting forth the order appealed from and the 31,166
errors complained of. The notice of appeal shall be served, 31,167
unless waived, upon the chairperson of the commission or, in the 31,169
event of the chairperson's absence, upon any public utilities 31,170
commissioner, or by leaving a copy at the office of the
commission at Columbus. On appeal, the court shall reverse, 31,171
vacate, or modify the order if, upon consideration of the record, 31,173
the court is of the opinion that the order was unlawful or 31,174
unreasonable.
Sec. 4911.17. There is hereby created a nine-member 31,183
consumers' counsel governing board consisting of three 31,184
representatives of organized groups representing each of the 31,185
following areas: labor; residential consumers; family farmers. 31,186
No more than five members of this board may be members of the 31,187
same political party.
The members of the board shall be appointed by the attorney 31,189
general with the advice and consent of the senate. 31,190
No later than January 1, 1977, the attorney general shall 31,192
make initial appointments to the board. Of the initial 31,193
appointments made to the board, three shall be for a term ending 31,194
one year after the effective date of this section SEPTEMBER 1, 31,195
1976, three shall be for a term ending two years after that date, 31,197
and three shall be for a term ending three years after that date. 31,198
Thereafter, terms of office shall be for three years, each term 31,199
ending on the same day of the same month of the year as did the 31,200
term which THAT it succeeds. Each member shall hold office from 31,202
the date of his THE MEMBER'S appointment until the end of the 31,204
719
term for which he THE MEMBER was appointed. Any member appointed 31,206
to fill a vacancy occurring prior to the expiration of the term 31,207
for which his THE MEMBER'S predecessor was appointed shall hold 31,208
office for the remainder of such THAT term. Any member shall 31,209
continue in office subsequent to the expiration date of his THE 31,211
MEMBER'S term until his THE MEMBER'S successor takes office. 31,213
The governing board shall meet within thirty days after all 31,215
appointments have been made and select from among its membership 31,216
a chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. The 31,218
board shall meet at least every other month thereafter. Meetings 31,220
may be held more often at the request of a majority of the 31,221
members or upon call of the chairman CHAIRPERSON. A majority of 31,222
the members constitutes a quorum. No action shall be taken 31,224
without the concurrence of a majority of the full membership of 31,225
the board. The consumers' counsel shall at all times remain
responsible to the governing board. Members of the board shall 31,226
serve without compensation but BE COMPENSATED AT THE RATE OF ONE 31,227
HUNDRED FIFTY DOLLARS PER BOARD MEETING ATTENDED IN PERSON, NOT 31,228
TO EXCEED ONE THOUSAND TWO HUNDRED DOLLARS PER YEAR. ALL MEMBERS 31,229
shall be reimbursed for actual and necessary expenses incurred in 31,231
the performance of the official duties. 31,232
The board shall submit to the general assembly no later 31,234
than the first day of April, annually, a report outlining the 31,235
expenditures of the office of consumers' counsel, a full record 31,236
of participation in any and all proceedings, and an outline of 31,237
other relevant activities of the office. 31,238
Sec. 4931.11. Any company organized at any time to 31,247
transact a telegraph, telephone, or communications business may 31,248
construct, reconstruct, own, use, lease, operate, maintain, and 31,249
improve communications systems for the transmission of voices, 31,250
sounds, writings, signs, signals, pictures, visions, images, or 31,251
other forms of intelligence, as public utility services, by means
of wire, cable, radio, radio relay, or other facilities, methods, 31,253
or media. Any such company has the powers and is subject to the 31,254
720
restrictions prescribed in sections 4931.01 4931.02 to 4931.23, 31,255
inclusive, 4931.22 of the Revised Code, for telegraph or 31,256
telephone companies. 31,257
Sec. 4931.21. Sections 4931.01 4931.02 to 4931.23, 31,266
inclusive, 4931.22 of the Revised Code do not authorize any 31,268
telegraph company to appropriate the use of the track or rolling 31,269
stock of a railroad company for transporting poles, materials, or
the employees of such telegraph company, or for any other 31,270
purpose.
Sec. 4931.99. (A) Whoever violates section 4931.24 or 31,279
4931.49 of the Revised Code is guilty of a misdemeanor of the 31,280
fourth degree. 31,281
(B) Whoever violates section 4931.25, 4931.26, 4931.27, 31,283
4931.30, or 4931.31 of the Revised Code is guilty of a 31,284
misdemeanor of the third degree. 31,285
(C) Whoever violates section 4931.28 of the Revised Code 31,287
is guilty of a felony of the fourth degree. 31,288
(D) Whoever violates section 4931.29 or division (B) of 31,290
section 4931.35 of the Revised Code is guilty of a misdemeanor in 31,291
the first degree. 31,292
(E) Whoever violates division (E) of section 4931.49 of 31,295
the Revised Code is guilty of a misdemeanor of the fourth degree 31,296
on a first offense and a felony of the fifth degree on each 31,297
subsequent offense.
(F) Whoever violates section 4931.55 of the Revised Code 31,299
is guilty of a minor misdemeanor for a first offense and a 31,300
misdemeanor of the first degree on each subsequent offense. 31,302
Sec. 4933.14. Except section 4931.08 of the Revised Code, 31,311
sections 4931.01 SECTIONS 4931.02 to 4931.23, inclusive, 4931.22 31,313
and 4933.13 to 4933.16, inclusive, of the Revised Code, apply to 31,315
companies organized for supplying public and private buildings,
manufacturing establishments, streets, alleys, lanes, lands, 31,316
squares, and public places with electric light and power, and to 31,317
an automatic package carrier. Except as provided by section 31,318
721
4931.08 of the Revised Code, every EVERY such company shall have 31,321
the powers and be subject to the restrictions prescribed for 31,322
telegraph companies by sections 4931.01 4931.02 to 4931.23, 31,323
inclusive, 4931.22 of the Revised Code. 31,325
Sec. 4937.02. (A) There is hereby created the utility 31,334
radiological safety board composed of the chairperson of the 31,336
public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 31,337
the deputy EXECUTIVE director of the emergency management agency, 31,339
and the director of commerce, or their designees each of whom 31,340
shall be an employee of the member agency of the board member for 31,341
whom the person is a designee. The purpose of the board is to 31,343
develop a comprehensive policy for the state regarding nuclear 31,344
power safety. The board's objectives shall be to promote safe, 31,345
reliable, and economical power; establish a memorandum of 31,346
understanding with the federal nuclear regulatory commission and 31,347
the state, including agreements with individual state agencies to 31,348
interact with the commission and the federal emergency management 31,349
agency; and recommend policies and practices that promote safety, 31,350
performance, emergency preparedness, and public health standards 31,351
that are designed to meet the state's needs. 31,352
(B) The governor shall appoint a chairperson of the board 31,355
from among the members of the board. The board shall elect one
of its members as vice-chairperson, who shall possess, during the 31,357
absence or disability of the board chairperson, all the powers of 31,359
the board chairperson. All examinations, studies, or other 31,360
official proceedings of the board shall be conducted by the board 31,361
or its designees. The board's authority under sections 4937.01 31,362
to 4937.05 of the Revised Code THIS CHAPTER shall not be 31,363
exercised by any officer, employee, or body other than the board 31,365
itself, except by express action of the board. 31,366
(C) The chairperson of the board shall cause to be kept a 31,369
complete record of all proceedings of the board, and any books, 31,370
maps, documents, and papers used or produced by the board, and 31,371
722
shall perform such other duties as the governor may prescribe. 31,372
(D) A majority of the board's members constitutes a quorum 31,374
for the transaction of any business, performance of any duty, or 31,375
exercise of any power of the board. No vacancy on the board 31,376
shall impair the right of the remaining board members to exercise 31,377
all powers of the board. The act of a majority of the board, 31,378
when in session as a board, is an act of the board. 31,379
(E) Members of the board and their designees shall not 31,381
receive compensation from the board, but shall receive all 31,382
ordinary and necessary expenses incurred in performance of board 31,383
business, including actual travel expenses. All such expenses 31,384
shall be paid by the agency of which the individual board member 31,385
or designee is an officer or employee. 31,386
(F) The attorney general is the board's legal advisor, but 31,388
shall designate, subject to the board's approval, one or more of 31,389
the attorney general's assistants to discharge the duties of 31,390
board attorney. 31,391
(G) The board may call to its assistance, temporarily, 31,393
with the consent of the member agency, any employee of a member 31,394
agency to conduct studies, examinations, and investigations for 31,395
the board or prepare any report required or authorized by 31,396
sections 4937.01 to 4937.05 of the Revised Code THIS CHAPTER. 31,397
The employee shall receive no compensation, but shall receive all 31,399
ordinary and necessary expenses incurred in performance of such 31,400
duties, including actual travel expenses. All such expenses 31,401
shall be paid by the member agency. 31,402
(H) The offices of the board shall be located in the 31,404
offices of the emergency management agency. 31,406
Sec. 4939.01. AS USED IN THIS CHAPTER: 31,408
(A) "UTILITY SERVICE PROVIDER" MEANS A NATURAL GAS 31,410
COMPANY, LOCAL EXCHANGE TELEPHONE COMPANY, INTEREXCHANGE 31,411
TELECOMMUNICATIONS COMPANY, ELECTRIC COMPANY, OR ANY OTHER PERSON 31,412
THAT OCCUPIES A PUBLIC WAY TO DELIVER NATURAL GAS, ELECTRIC, OR 31,413
TELECOMMUNICATIONS SERVICES. 31,414
723
(B) "CABLE OPERATOR" HAS THE SAME MEANING AS IN SECTION 2 31,416
OF THE "CABLE COMMUNICATIONS POLICY ACT OF 1984," 98 STAT. 2779, 31,421
47 U.S.C.A. 522, AS AMENDED. 31,422
(C) "PUBLIC WAY" MEANS ANY PUBLIC STREET, ROAD, HIGHWAY, 31,424
PUBLIC EASEMENT, OR PUBLIC WATERWAY, AND INCLUDES THE ENTIRE 31,425
WIDTH OF ANY RIGHT OF WAY ASSOCIATED WITH ANY PUBLIC WAY. 31,426
Sec. 4939.02. (A) A UTILITY SERVICE PROVIDER OR CABLE 31,429
OPERATOR HAS THE RIGHT TO CONSTRUCT, REPAIR, POSITION, MAINTAIN, 31,430
OR OPERATE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,431
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, OVER, UPON, 31,432
AND UNDER ANY PUBLIC WAY IN THE STATE, SUBJECT TO THE APPLICABLE 31,433
PROVISIONS OF THIS CHAPTER AND ANY OTHER CHAPTER OF THE REVISED 31,434
CODE. THE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,436
RELATED APPURTENANCES AND FACILITIES SHALL BE CONSTRUCTED AND 31,437
POSITIONED IN SUCH A WAY THAT SAFETY IS NOT UNREASONABLY 31,438
COMPROMISED IN THE USE OF THE PUBLIC WAY. 31,439
(B) THE STATE, OR ANY POLITICAL SUBDIVISION OF THE STATE, 31,441
SHALL NOT DISCRIMINATE AMONG UTILITY SERVICE PROVIDERS OR CABLE 31,442
OPERATORS, OR GRANT A PREFERENCE TO ANY UTILITY SERVICE PROVIDER
OR CABLE OPERATOR, IN THE ISSUANCE OF PERMITS OR THE PASSAGE OF 31,443
LAWS, ORDINANCES, OR RESOLUTIONS FOR THE USE OF PUBLIC WAYS, OR 31,444
CREATE OR ERECT ANY REQUIREMENTS FOR ENTRY UPON AND USE OF THE 31,445
PUBLIC WAYS THAT ARE NOT NECESSARY TO PROTECT THE HEALTH, SAFETY, 31,446
AND WELFARE OF THE PUBLIC. 31,447
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO 31,449
AUTHORIZE ANY UTILITY SERVICE PROVIDER OR CABLE OPERATOR TO 31,450
CONSTRUCT LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, UPON, AND 31,451
UNDER ANY PUBLIC WAY OWNED BY A POLITICAL SUBDIVISION WITHOUT 31,452
FIRST OBTAINING THE CONSENT OF THE POLITICAL SUBDIVISION FOR SUCH 31,453
CONSTRUCTION, IF CONSENT IS REQUIRED BY THE POLITICAL 31,454
SUBDIVISION.
(D) THIS SECTION DOES NOT REQUIRE ANY UTILITY SERVICE 31,456
PROVIDER OR CABLE OPERATOR THAT, AS OF THE EFFECTIVE DATE OF THIS 31,457
724
SECTION, OCCUPIES, OR HAS OBTAINED THE CONSENT OF A POLITICAL
SUBDIVISION TO OCCUPY, A PUBLIC WAY IN THE POLITICAL SUBDIVISION, 31,458
TO APPLY FOR ADDITIONAL OR CONTINUED CONSENT OF THE POLITICAL 31,459
SUBDIVISION AS TO ANY EXISTING LINES, POLES, PIPES, CONDUITS, 31,460
DUCTS, EQUIPMENT, AND RELATED APPURTENANCES AND FACILITIES THAT 31,461
ARE IN PLACE ON THE EFFECTIVE DATE OF THIS SECTION. THE 31,462
POLITICAL SUBDIVISION SHALL NOT DISCRIMINATE AGAINST ANY OTHER 31,463
UTILITY SERVICE PROVIDER OR CABLE OPERATOR SEEKING TO USE THE 31,464
SAME PUBLIC WAY.
(E) THE CONSTRUCTION, REPAIR, PLACEMENT, MAINTENANCE, OR 31,466
OPERATION OF LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,467
RELATED APPURTENANCES AND FACILITIES BY A UTILITY SERVICE
PROVIDER OR A CABLE OPERATOR IS DECLARED TO BE A MATTER OF 31,468
STATEWIDE CONCERN. 31,469
(F) CONSENT FOR THE USE OF A PUBLIC WAY BY A POLITICAL 31,471
SUBDIVISION SHALL BE BASED ON THE LAWFUL EXERCISE OF THE POLICE 31,472
POWER OF THE POLITICAL SUBDIVISION AND SHALL NOT BE UNREASONABLY
WITHHELD, NOR SHALL ANY PREFERENCE OR DISADVANTAGE BE CREATED 31,473
THROUGH THE GRANTING OR WITHHOLDING OF CONSENT. A POLITICAL 31,474
SUBDIVISION SHALL GRANT ITS CONSENT UNDER THIS DIVISION WITHIN 31,475
THIRTY DAYS AFTER THE DATE A UTILITY SERVICE PROVIDER OR CABLE 31,476
OPERATOR APPLIES FOR CONSENT FOR THE USE OF A PUBLIC WAY. 31,477
Sec. 4939.03. (A) A POLITICAL SUBDIVISION OF THE STATE 31,480
SHALL NOT LEVY A TAX, FEE, OR CHARGE OR REQUIRE ANY NONMONETARY 31,481
COMPENSATION OR FREE SERVICE FOR THE RIGHT OR PRIVILEGE OF USING 31,482
OR OCCUPYING A PUBLIC WAY FOR PURPOSES OF DELIVERING NATURAL GAS, 31,483
ELECTRIC, TELECOMMUNICATIONS, OR CABLE TELEVISION SERVICE. 31,484
(B) A POLITICAL SUBDIVISION MAY CHARGE A UTILITY SERVICE 31,486
PROVIDER OR A CABLE OPERATOR A CONSTRUCTION PERMIT FEE TO THE 31,487
EXTENT THAT SUCH FEE APPLIES TO ALL PERSONS SEEKING A 31,488
CONSTRUCTION PERMIT. THE FEE SHALL BE LIMITED TO THE RECOVERY OF 31,489
THE DIRECT INCREMENTAL COSTS INCURRED BY THE POLITICAL 31,490
SUBDIVISION IN INSPECTING AND REVIEWING ANY PLANS AND 31,491
SPECIFICATIONS AND IN GRANTING THE ASSOCIATED PERMIT. 31,492
725
(C) A UTILITY SERVICE PROVIDER OR CABLE OPERATOR THAT 31,494
PLACES LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,495
RELATED APPURTENANCES AND FACILITIES IN A PUBLIC WAY SHALL 31,496
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. TO THE 31,497
EXTENT A UTILITY SERVICE PROVIDER OR CABLE OPERATOR DOES NOT 31,498
COMPLY WITH THIS DIVISION, A POLITICAL SUBDIVISION MAY CHARGE THE 31,499
UTILITY SERVICE PROVIDER OR CABLE OPERATOR THE NECESSARY COSTS TO 31,500
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. 31,501
Sec. 4981.09. (A) There is hereby created in the state 31,510
treasury the rail development fund. The fund shall consist of 31,512
such moneys as may be provided by law, including moneys received 31,513
from the sale, transfer, or lease of any rail property pursuant 31,514
to section 4981.08 of the Revised Code, and amounts transferred 31,515
pursuant to division (B) of this section. Moneys in the fund 31,518
shall be used for the purpose of acquiring, rehabilitating, or 31,519
developing rail property or service, or for participation in the 31,520
acquisition of rail property with the federal government, 31,521
municipal corporations, townships, counties, or other 31,522
governmental agencies. For the purpose of acquiring such rail 31,523
property, the Ohio rail development commission may obtain 31,524
acquisition loans from the federal government or from any other 31,525
source.
The fund shall also be used to promote, plan, design, 31,527
construct, operate, and maintain passenger and freight rail 31,528
transportation systems, and may be used to pay the administrative 31,530
costs of the Ohio rail development commission associated with 31,531
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 31,532
The fund shall not be used to provide loan guarantees. 31,533
(B) Twice each year, by the last day of March for the 31,536
immediately preceding June through December and by the last day 31,538
of August for the immediately preceding January through May, the 31,540
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 31,541
726
pursuant to Chapter 5733. of the Revised Code during those months 31,542
by taxpayers engaged in the business of owning or operating a 31,544
railroad either wholly or partially within this state. The 31,546
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 31,547
budget and management shall transfer fifty per cent of the amount 31,548
certified from the general revenue fund to the rail development 31,549
fund.
Sec. 5101.03. The assistant director of the department of 31,558
human services is hereby excepted from section 121.05 of the 31,560
Revised Code. The assistant director DIRECTORS OF THE DEPARTMENT 31,562
OF HUMAN SERVICES shall exercise the powers and perform the 31,563
duties which the director of human services may order and. THE 31,564
DIRECTOR IS AUTHORIZED TO DESIGNATE WHICH ASSISTANT DIRECTOR 31,565
shall act as director in the absence or disability of the 31,566
director, or in case of a vacancy in the position of director. 31,567
Sec. 5101.072. THE DEPARTMENT OF HUMAN SERVICES SHALL 31,569
COLLABORATE WITH COUNTY DEPARTMENTS OF HUMAN SERVICES TO DEVELOP 31,570
TRAINING FOR APPROPRIATE EMPLOYEES OF THE COUNTY DEPARTMENTS 31,571
REGARDING THE PROVISIONS OF SUB. H.B. 408 OF THE 122nd GENERAL 31,573
ASSEMBLY, AND OF SUB. H.B. 167 OF THE 121st GENERAL ASSEMBLY THAT 31,575
HAVE NOT BEEN SUPERSEDED BY SUB. H.B. 408 OF THE 122nd GENERAL 31,577
ASSEMBLY, THAT IMPOSE DUTIES ON COUNTY DEPARTMENTS OF HUMAN 31,578
SERVICES. AFTER THE TRAINING IS DEVELOPED, THE DEPARTMENT SHALL 31,579
COLLABORATE WITH THE COUNTY DEPARTMENTS ON PROVIDING THE 31,580
TRAINING.
Sec. 5101.16. (A) As used in this section and sections 31,589
5101.161 and 5101.162 of the Revised Code: 31,590
(1) "Disability assistance" means financial and medical 31,592
assistance provided under Chapter 5115. of the Revised Code. 31,593
(2) "Food stamps" means the program administered by the 31,595
department of human services pursuant to section 5101.54 of the 31,597
Revised Code.
(3) "Medicaid" means the medical assistance program 31,599
727
established by Chapter 5111. of the Revised Code, excluding 31,602
transportation services provided under that chapter. 31,603
(4) "Ohio works first" means the program established by 31,605
Chapter 5107. of the Revised Code. 31,606
(5) "Prevention, retention, and contingency" means the 31,608
program established by Chapter 5108. of the Revised Code. 31,610
(6) "Public assistance expenditures" means expenditures 31,612
for all of the following: 31,613
(a) Ohio works first; 31,615
(b) County administration of Ohio works first; 31,618
(c) Prevention, retention, and contingency; 31,620
(d) County administration of prevention, retention, and 31,622
contingency; 31,623
(e) Disability assistance; 31,625
(f) County administration of disability assistance; 31,627
(g) County administration of food stamps; 31,629
(h) County administration of medicaid. 31,631
(B) Each board of county commissioners shall pay the 31,633
county share of public assistance expenditures in accordance with 31,637
section 5101.161 of the Revised Code. Except as provided in 31,638
division (C) of this section, a county's share of public 31,641
assistance expenditures is the sum of all of the following for 31,643
state fiscal year 1998 and each state fiscal year thereafter: 31,644
(1) The amount that is twenty-five per cent of the 31,646
county's total expenditures for disability assistance and county 31,649
administration of disability assistance during the state fiscal 31,650
year ending in the previous calendar year that the department of 31,652
human services determines are allowable. 31,653
(2) The amount that is ten per cent, or other percentage 31,657
determined under division (D) of this section, of the county's 31,658
total expenditures for county administration of food stamps and 31,659
medicaid during the state fiscal year ending in the previous 31,662
calendar year that the department determines are allowable, less 31,663
the amount of federal reimbursement credited to the county under 31,665
728
division (E) of this section for the state fiscal year ending in 31,666
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 31,669
section, the actual amount, as determined by the department of 31,670
human services from expenditure reports submitted to the United 31,671
States department of health and human services, of the county 31,672
share of program and administrative expenditures during federal 31,673
fiscal year 1994 for assistance and services, other than child 31,674
day-care, provided under Titles IV-A and IV-F of the "Social 31,676
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those 31,677
titles existed prior to the enactment of the "Personal 31,678
Responsibility and Work Opportunity Reconciliation Act of 1996," 31,680
110 Stat. 2105. 31,681
(b) For state fiscal years 1998 2000 and 1999 2001, eighty 31,684
SEVENTY-SEVEN per cent of the amount determined under division 31,685
(B)(3)(a) of this section. 31,686
(C)(1) If a county's share of public assistance 31,688
expenditures determined under division (B) of this section for a 31,690
state fiscal year exceeds one hundred ten per cent of the 31,691
county's share for those expenditures for the immediately 31,692
preceding state fiscal year, the department of human services 31,693
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 31,694
share for expenditures under division (B) of this section equals 31,695
one hundred ten per cent of the county's share of those 31,696
expenditures for the immediately preceding state fiscal year. 31,697
(2) A county's share of public assistance expenditures 31,699
determined under division (B) of this section may be increased 31,700
pursuant to a sanction under section 5101.24 of the Revised Code. 31,702
(D)(1) If the per capita tax duplicate of a county is less 31,705
than the per capita tax duplicate of the state as a whole and 31,706
division (D)(2) of this section does not apply to the county, the 31,708
percentage to be used for the purpose of division (B)(2) of this 31,710
section is the product of ten multiplied by a fraction of which 31,712
729
the numerator is the per capita tax duplicate of the county and 31,713
the denominator is the per capita tax duplicate of the state as a 31,714
whole. The department of human services shall compute the per 31,715
capita tax duplicate for the state and for each county by 31,716
dividing the tax duplicate for the most recent available year by 31,717
the current estimate of population prepared by the department of 31,718
development.
(2) If the percentage of families in a county with an 31,720
annual income of less than three thousand dollars is greater than 31,721
the percentage of such families in the state and division (D)(1) 31,723
of this section does not apply to the county, the percentage to 31,724
be used for the purpose of division (B)(2) of this section is the 31,725
product of ten multiplied by a fraction of which the numerator is 31,727
the percentage of families in the state with an annual income of 31,728
less than three thousand dollars a year and the denominator is 31,729
the percentage of such families in the county. The department of 31,730
human services shall compute the percentage of families with an 31,731
annual income of less than three thousand dollars for the state 31,732
and for each county by multiplying the most recent estimate of 31,734
such families published by the department of development, by a 31,735
fraction, the numerator of which is the estimate of average 31,736
annual personal income published by the bureau of economic 31,737
analysis of the United States department of commerce for the year 31,738
on which the census estimate is based and the denominator of 31,739
which is the most recent such estimate published by the bureau. 31,740
(3) If the per capita tax duplicate of a county is less 31,743
than the per capita tax duplicate of the state as a whole and the 31,744
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 31,745
of such families in the state, the percentage to be used for the 31,747
purpose of division (B)(2) of this section shall be determined as 31,748
follows: 31,749
(a) Multiply ten by the fraction determined under division 31,753
(D)(1) of this section;
730
(b) Multiply the product determined under division 31,756
(D)(3)(a) of this section by the fraction determined under 31,758
division (D)(2) of this section. 31,759
(4) The department of human services shall determine, for 31,761
each county, the percentage to be used for the purpose of 31,763
division (B)(2) of this section not later than the first day of 31,765
July of the year preceding the state fiscal year for which the 31,766
percentage is used.
(E) The department of human services shall credit to a 31,769
county the amount of federal reimbursement the department
receives from the United States departments of agriculture and 31,771
health and human services for the county's expenditures for 31,773
administration of food stamps and medicaid that the department 31,775
determines are allowable administrative expenditures. 31,776
(F) The department of human services shall adopt rules in 31,779
accordance with section 111.15 of the Revised Code to establish 31,782
all of the following:
(1) The method the department is to use to change a 31,786
county's share of public assistance expenditures determined under 31,788
division (B) of this section as provided in division (C) of this 31,789
section; 31,790
(2) The allocation methodology and formula the department 31,792
will use to determine the amount of funds to credit to a county 31,793
under this section; 31,794
(3) The method the department will use to change the 31,796
payment of the county share of public assistance expenditures 31,797
from a calendar-year basis to a state fiscal year basis; 31,798
(4) Other procedures and requirements necessary to 31,800
implement this section. 31,801
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25 31,811
of the Revised Code, "county social service agency" and "social 31,813
service duty" have the same meanings as in section 307.981 of the 31,814
Revised Code.
(B) The director of human services shall enter into a 31,817
731
written partnership agreement with each board of county 31,818
commissioners regarding the administration and design of the Ohio 31,819
works first program established under Chapter 5107. of the 31,820
Revised Code, the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, duties 31,822
assumed by a county department of human services pursuant to an 31,824
agreement entered into under section 329.05 of the Revised Code, 31,825
and other county department of human services' duties that the 31,827
director and board mutually agree to include in the agreement. 31,829
The director and board may include in the partnership agreement 31,830
provisions regarding the administration and design of the duties 31,831
of child support enforcement agencies and public children 31,832
services agencies included in a plan of cooperation entered into 31,833
under section 307.983 of the Revised Code that the director and
board mutually agree to include in the agreement. Social service 31,835
duties included in the agreement shall be vested in the board. 31,836
The agreement shall comply with federal statutes and regulations, 31,837
state statutes, and, except as provided in division (B)(9) of 31,838
this section, state rules governing the social service duties 31,839
included in the agreement. 31,840
A partnership agreement shall include responsibilities that 31,843
the state department of human services and county social service 31,844
agencies administering social service duties included in the 31,845
agreement must satisfy. The agreement shall establish, specify, 31,846
or provide for all of the following:
(1) Requirements governing the administration and design 31,848
of, and county social service agencies' cooperation to enhance, 31,849
social service duties included in the agreement; 31,850
(2) Outcomes that county social service agencies are 31,852
expected to achieve from the administration and design of social 31,853
service duties included in the agreement and assistance, 31,854
services, and technical support the state department will provide 31,856
the county social service agencies to aid the agencies in 31,857
achieving the expected outcomes;
732
(3) Performance AND OTHER ADMINISTRATIVE standards county 31,859
social service agencies are required to meet in the design, 31,861
administration, and outcomes of social service duties included in 31,862
the agreement and assistance, services, and technical support the 31,863
state department will provide the county social service agencies 31,864
to aid the agencies in meeting the performance AND OTHER 31,865
ADMINISTRATIVE standards;
(4) Criteria and methodology the state department will use 31,868
to evaluate whether expected outcomes are achieved and
performance AND OTHER ADMINISTRATIVE standards are met and county 31,869
social service agencies will use to evaluate whether the state 31,871
department is providing agreed upon assistance, services, and 31,872
technical support;
(5) Annual financial, administrative, or other incentive 31,874
awards, if any, to be provided in accordance with section 5101.23 31,876
of the Revised Code for exceeding performance AND OTHER 31,877
ADMINISTRATIVE standards; 31,878
(6) The state department taking action against a county 31,880
social service agency pursuant to division (B) of section 5101.24 31,882
of the Revised Code if division (A)(1), (2), or (3) of that 31,885
section applies to the agency; 31,886
(7) The funding of social service duties included in the 31,888
agreement and whether the state department will provide funding 31,889
for two or more county department of human services' duties 31,890
included in the agreement pursuant to a combined funding 31,891
allocation under division (C) of this section. The agreement 31,893
shall either specify the amount of payments to be made for the 31,894
social service duties included in the agreement or the method 31,895
that will be used to determine the amount of payments. 31,896
(8) Audits required by federal statutes and regulations 31,898
and state law and requirements for prompt release of audit 31,899
findings and prompt action to correct problems identified in an 31,900
audit; 31,901
(9) Which, if any, of the state department's rules will be 31,904
733
waived so that a policy provided for in the agreement may be
implemented; 31,905
(10) The method of amending or terminating the agreement 31,907
and an expedited process for correcting terms or conditions of 31,908
the agreement that the director and board agree are erroneous; 31,910
(11) Dispute resolution procedures for anticipated and 31,912
unanticipated disputes. The agreement may establish different 31,913
dispute resolution procedures for different types of disputes. 31,914
Dispute resolution procedures may include negotiation, mediation, 31,916
arbitration, adjudication conducted by a hearing officer or 31,917
fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An 31,919
agreement may not commence before it is entered into nor end 31,920
later than the last day of the state fiscal biennium for which it 31,922
is entered into.
(13) Other provisions determined necessary by the state 31,924
department and the county social services agency. 31,925
(C) The state department shall make payments authorized by 31,928
a partnership agreement on vouchers it prepares and may include 31,930
any funds appropriated or allocated to it for carrying out social 31,931
service duties vested in the board of county commissioners under 31,932
the agreement, including funds for personal services and 31,933
maintenance.
To the extent practicable and not in conflict with federal 31,935
statutes or regulations, state law, or an appropriation made by 31,937
the general assembly, the department may establish a consolidated 31,938
funding allocation for two or more of a county department of 31,939
human services' duties included in the agreement. A county 31,940
department of human services shall use funds available in a 31,941
consolidated funding allocation only for the purpose for which
the funds were appropriated. 31,942
(D) The director of human services may enter into 31,945
partnership agreements with one or more boards of county 31,946
commissioners at a time but an agreement must be entered into 31,947
734
with each board not later than January 1, 2000. Until a 31,948
partnership agreement with a board is entered into and 31,949
implemented, a county social service agency serving the county 31,950
that the board serves shall perform its social service duties in 31,951
the manner they are performed on the effective date of this 31,952
section OCTOBER 1, 1997, with the exception that a county social 31,954
services agency may implement changes authorized by federal 31,955
statutes or regulations, state statutes, or state department 31,956
rules.
Sec. 5101.22. The department of human services may 31,965
establish performance AND OTHER ADMINISTRATIVE standards for the 31,966
administration and outcomes of social service duties and 31,968
determine at intervals the department decides the degree to which 31,969
a county social service agency complies with a performance OR 31,970
OTHER ADMINISTRATIVE standard. The department may use 31,971
statistical sampling, performance audits, case reviews, or other 31,972
methods it determines necessary and appropriate to determine 31,973
compliance with performance AND ADMINISTRATIVE standards. 31,974
A performance OR OTHER ADMINISTRATIVE standard established 31,976
under this section for a social service duty does not apply to a 31,978
county social service agency administering the duty if a 31,979
different performance OR ADMINISTRATIVE standard is specified for 31,980
the agency's administration of the duty pursuant to a partnership 31,982
agreement entered into under section 5101.21 of the Revised Code. 31,984
Sec. 5101.23. Subject to the availability of funds, the 31,993
department of human services may provide annual financial, 31,994
administrative, or other incentive awards to county social 31,995
service agencies that exceed performance AND OTHER ADMINISTRATIVE 31,996
standards specified in a partnership agreement entered into under 31,998
section 5101.21 or established under section 5101.22 of the 31,999
Revised Code. The amount of a financial incentive award shall be 32,000
based on the degree to which a county social service agency 32,001
exceeds a performance OR OTHER ADMINISTRATIVE standard and the 32,002
amount of money available in the social services incentive fund 32,004
735
established under this section. A county social service agency 32,005
may spend funds provided as a financial incentive award only for 32,006
the purpose for which the funds are appropriated. THE DEPARTMENT 32,007
MAY ADOPT INTERNAL MANAGEMENT RULES IN ACCORDANCE WITH SECTION 32,008
111.15 OF THE REVISED CODE TO ESTABLISH THE AMOUNTS OF AWARDS,
METHODOLOGY FOR DISTRIBUTING THE AWARDS, TYPES OF AWARDS, AND 32,009
STANDARDS FOR ADMINISTRATION BY THE DEPARTMENT. 32,010
There is hereby created in the state treasury the social 32,012
services incentive fund. The director of human services may 32,013
request that the director of budget and management transfer funds 32,015
in the Title IV-A reserve fund created under section 5101.82 of 32,017
the Revised Code and other funds appropriated for social service
duties into the fund. If the director of budget and management 32,020
determines that the funds identified by the director of human 32,021
services are available and appropriate for transfer, the director 32,022
of budget and management shall make the transfer. Money in the 32,023
fund shall be used to provide incentive awards under this 32,024
section.
Sec. 5101.33. (A) As used in this section, "public 32,033
assistance BENEFITS" means cash ANY OF THE FOLLOWING: 32,034
(1) CASH assistance paid under Chapter 5107. or 5115. of 32,037
the Revised Code or any;
(2) FOOD STAMP BENEFITS PROVIDED UNDER SECTION 5101.54 OF 32,039
THE REVISED CODE;
(3) ANY OTHER program administered by the department of 32,042
human services under which cash assistance is paid PROVIDED OR 32,043
SERVICE RENDERED;
(4) ANY OTHER PROGRAM, SERVICE, OR ASSISTANCE ADMINISTERED 32,045
BY A PERSON OR GOVERNMENT ENTITY THAT THE DEPARTMENT DETERMINES 32,047
MAY BE DELIVERED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT 32,048
TRANSFER.
(B) The director DEPARTMENT of human services may make any 32,050
payment OR DELIVERY of public assistance to eligible recipients 32,052
BENEFITS TO ELIGIBLE INDIVIDUALS through the medium of electronic 32,055
736
benefit transfer by doing all of the following:
(1) Contracting with an agent to supply debit cards to the 32,057
department of human services for use by such recipients 32,058
INDIVIDUALS in accessing their public assistance BENEFITS and to 32,061
credit such cards electronically with the amounts specified by 32,063
the director OF HUMAN SERVICES pursuant to law; 32,064
(2) Informing such recipients INDIVIDUALS about the use of 32,066
the electronic benefit transfer system and furnishing them with 32,067
debit cards and information that will enable them to access their 32,068
public assistance BENEFITS through the system; 32,069
(3) Arranging with specific financial institutions or 32,071
vendors, or with county departments of human services, OR PERSONS 32,072
OR GOVERNMENT ENTITIES for recipients INDIVIDUALS to have their 32,074
cards credited electronically with the proper amounts at their 32,076
facilities;
(4) Periodically preparing vouchers for the payment of 32,078
such public assistance BENEFITS by electronic benefit transfer; 32,080
(5) SATISFYING ANY APPLICABLE REQUIREMENTS OF FEDERAL AND 32,082
STATE LAW.
(C) The director of human services or his agent shall 32,086
inform the auditor of state of the amount of reimbursement that 32,087
is due each financial institution or vendor that has paid public 32,088
assistance or aid under former Chapter 5113. of the Revised Code 32,089
through the medium DEPARTMENT MAY ENTER INTO A WRITTEN AGREEMENT 32,091
WITH ANY PERSON OR GOVERNMENT ENTITY TO PROVIDE BENEFITS 32,092
ADMINISTERED BY THAT PERSON OR ENTITY THROUGH THE MEDIUM OF 32,094
ELECTRONIC BENEFIT TRANSFER. A WRITTEN AGREEMENT MAY REQUIRE THE
PERSON OR GOVERNMENT ENTITY TO PAY TO THE DEPARTMENT EITHER OR 32,096
BOTH OF THE FOLLOWING:
(1) A CHARGE THAT REIMBURSES THE DEPARTMENT FOR ALL COSTS 32,098
THE DEPARTMENT INCURS IN HAVING THE BENEFITS ADMINISTERED BY THE 32,099
PERSON OR ENTITY PROVIDED THROUGH THE ELECTRONIC BENEFIT TRANSFER 32,100
SYSTEM;
(2) A FEE FOR HAVING THE BENEFITS PROVIDED THROUGH THE 32,102
737
ELECTRONIC BENEFIT TRANSFER SYSTEM. 32,103
(D) THE DEPARTMENT MAY DESIGNATE WHICH COUNTIES WILL 32,106
PARTICIPATE IN THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER, SPECIFY 32,107
THE DATE A DESIGNATED COUNTY WILL BEGIN PARTICIPATION, AND 32,108
SPECIFY WHICH BENEFITS WILL BE PROVIDED THROUGH THE MEDIUM OF 32,109
ELECTRONIC BENEFIT TRANSFER IN A DESIGNATED COUNTY. 32,110
(E) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 32,113
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION
OF THIS SECTION.
Sec. 5101.34. (A) THERE IS HEREBY CREATED IN THE 32,116
DEPARTMENT OF HUMAN SERVICES THE OHIO COMMISSION ON FATHERHOOD. 32,117
THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS: 32,118
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 32,120
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, AND TWO 32,121
MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER 32,122
OF THE HOUSE, EACH FROM A DIFFERENT POLITICAL PARTY. THESE 32,123
MEMBERS SHALL BE FROM LEGISLATIVE DISTRICTS THAT INCLUDE A COUNTY 32,125
OR PART OF A COUNTY THAT IS AMONG THE ONE-THIRD OF COUNTIES IN 32,126
THIS STATE WITH THE HIGHEST NUMBER PER CAPITA OF HOUSEHOLDS 32,127
HEADED BY FEMALES.
(2) THE GOVERNOR, OR THE GOVERNOR'S DESIGNEE; 32,129
(3) ONE REPRESENTATIVE OF THE JUDICIAL BRANCH OF 32,131
GOVERNMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT; 32,133
(4) THE DIRECTORS OF HEALTH, HUMAN SERVICES, 32,135
REHABILITATION AND CORRECTION, AND YOUTH SERVICES AND THE 32,136
SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THEIR DESIGNEES; 32,137
(5) ONE REPRESENTATIVE OF THE OHIO FAMILY AND CHILDREN 32,140
FIRST CABINET COUNCIL CREATED UNDER SECTION 121.37 OF THE REVISED 32,142
CODE APPOINTED BY THE CHAIRPERSON OF THE COUNCIL; 32,143
(6) FIVE REPRESENTATIVES OF THE GENERAL PUBLIC APPOINTED 32,145
BY THE GOVERNOR. THESE MEMBERS SHALL HAVE EXTENSIVE EXPERIENCE 32,146
IN ISSUES RELATED TO FATHERHOOD. 32,147
(B) THE APPOINTING AUTHORITIES OF THE OHIO COMMISSION ON 32,150
FATHERHOOD SHALL MAKE INITIAL APPOINTMENTS TO THE COMMISSION 32,151
738
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. OF 32,152
THE INITIAL APPOINTMENTS TO THE COMMISSION MADE PURSUANT TO 32,153
DIVISIONS (A)(3), (5), AND (6) OF THIS SECTION, THREE OF THE 32,155
MEMBERS SHALL SERVE A TERM OF ONE YEAR AND FOUR SHALL SERVE A 32,156
TERM OF TWO YEARS. MEMBERS SO APPOINTED SUBSEQUENTLY SHALL SERVE 32,157
TWO-YEAR TERMS. A MEMBER APPOINTED PURSUANT TO DIVISION (A)(1) 32,159
OF THIS SECTION SHALL SERVE ON THE COMMISSION UNTIL THE END OF 32,160
THE GENERAL ASSEMBLY FROM WHICH THE MEMBER WAS APPOINTED OR UNTIL 32,161
THE MEMBER CEASES TO SERVE IN THE CHAMBER OF THE GENERAL ASSEMBLY 32,162
IN WHICH THE MEMBER SERVES AT THE TIME OF APPOINTMENT, WHICHEVER 32,163
OCCURS FIRST. THE GOVERNOR OR THE GOVERNOR'S DESIGNEE SHALL 32,164
SERVE ON THE COMMISSION UNTIL THE GOVERNOR CEASES TO BE GOVERNOR. 32,165
THE DIRECTORS AND SUPERINTENDENT OR THEIR DESIGNEES SHALL SERVE 32,166
ON THE COMMISSION UNTIL THEY CEASE, OR THE DIRECTOR OR 32,168
SUPERINTENDENT A DESIGNEE REPRESENTS CEASES, TO BE DIRECTOR OR 32,169
SUPERINTENDENT. EACH MEMBER SHALL SERVE ON THE COMMISSION FROM 32,170
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 32,171
MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. 32,172
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 32,175
ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY 32,176
OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE 32,177
MEMBER'S PREDECESSOR WAS APPOINTED SHALL SERVE ON THE COMMISSION 32,178
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE TO SERVE 32,179
ON THE COMMISSION SUBSEQUENT TO THE EXPIRATION DATE OF THE 32,180
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED OR UNTIL 32,181
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 32,182
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED 32,183
FOR NECESSARY EXPENSES.
Sec. 5101.341. (A) THE OHIO COMMISSION ON FATHERHOOD 32,185
ANNUALLY SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. THE 32,186
DEPARTMENT OF HUMAN SERVICES SHALL PROVIDE STAFF AND OTHER 32,187
SUPPORT SERVICES FOR THE COMMISSION. 32,188
(B) THE COMMISSION MAY ACCEPT GIFTS, GRANTS, DONATIONS, 32,191
CONTRIBUTIONS, BENEFITS, AND OTHER FUNDS FROM ANY PUBLIC AGENCY 32,192
739
OR PRIVATE SOURCE TO CARRY OUT ANY OR ALL OF THE COMMISSION'S 32,193
DUTIES. THE FUNDS SHALL BE DEPOSITED INTO THE OHIO COMMISSION ON 32,194
FATHERHOOD FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 32,195
ALL GIFTS, GRANTS, DONATIONS, CONTRIBUTIONS, BENEFITS, AND OTHER 32,196
FUNDS RECEIVED BY THE COMMISSION PURSUANT TO THIS DIVISION SHALL 32,197
BE USED SOLELY TO SUPPORT THE OPERATIONS OF THE COMMISSION. 32,198
Sec. 5101.342. THE OHIO COMMISSION ON FATHERHOOD SHALL DO 32,201
BOTH OF THE FOLLOWING:
(A) ORGANIZE A STATE SUMMIT ON FATHERHOOD EVERY FOUR 32,203
YEARS;
(B)(1) PREPARE A REPORT EACH YEAR THAT IDENTIFIES 32,206
RESOURCES AVAILABLE TO FUND FATHERHOOD-RELATED PROGRAMS AND 32,207
EXPLORES THE CREATION OF INITIATIVES TO DO THE FOLLOWING: 32,208
(a) BUILD THE PARENTING SKILLS OF FATHERS; 32,210
(b) PROVIDE EMPLOYMENT-RELATED SERVICES FOR LOW-INCOME, 32,213
NONCUSTODIAL FATHERS;
(c) PREVENT PREMATURE FATHERHOOD; 32,215
(d) PROVIDE SERVICES TO FATHERS WHO ARE INMATES IN OR HAVE 32,217
JUST BEEN RELEASED FROM IMPRISONMENT IN A STATE CORRECTIONAL 32,218
INSTITUTION, AS DEFINED IN SECTION 2967.01 OF THE REVISED CODE, 32,219
OR IN ANY OTHER DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 32,220
OF THE REVISED CODE, SO THAT THEY ARE ABLE TO MAINTAIN OR
REESTABLISH THEIR RELATIONSHIPS WITH THEIR FAMILIES; 32,221
(e) RECONCILE FATHERS WITH THEIR FAMILIES; 32,223
(f) INCREASE PUBLIC AWARENESS OF THE CRITICAL ROLE FATHERS 32,226
PLAY.
(2) THE COMMISSION SHALL SUBMIT EACH REPORT PREPARED 32,229
PURSUANT TO DIVISION (B)(1) OF THIS SECTION TO THE PRESIDENT AND 32,230
MINORITY LEADER OF THE SENATE, SPEAKER AND MINORITY LEADER OF THE 32,231
HOUSE OF REPRESENTATIVES, GOVERNOR, AND CHIEF JUSTICE OF THE 32,232
SUPREME COURT. THE FIRST REPORT IS DUE NOT LATER THAN ONE YEAR 32,233
AFTER THE LAST OF THE INITIAL APPOINTMENTS TO THE COMMISSION IS 32,234
MADE UNDER SECTION 5101.341 OF THE REVISED CODE. 32,235
Sec. 5101.343. SECTION 101.84 OF THE REVISED CODE DOES NOT 32,238
740
APPLY TO THE OHIO COMMISSION ON FATHERHOOD. 32,239
Sec. 5101.46. (A) As used in this section: 32,248
(1) "Title XX" means Title XX of the "Social Security 32,251
Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. 32,253
(2) "Respective local agency" means, with respect to the 32,256
department of human services, a county department of human
services; with respect to the department of mental health, a 32,257
board of alcohol, drug addiction, and mental health services; and 32,259
with respect to the department of mental retardation and
developmental disabilities, a county board of mental retardation 32,260
and developmental disabilities. 32,261
(3) "Federal poverty guidelines" means the poverty 32,264
guidelines as revised annually by the United States department of 32,265
health and human services in accordance with section 673(2) of 32,266
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 32,268
U.S.C.A. 9902, as amended, for a family size equal to the size of 32,270
the family of the person whose income is being determined. 32,271
(B) The departments of human services, mental health, and 32,274
mental retardation and developmental disabilities, with their 32,275
respective local agencies, shall administer the provision of 32,276
social services funded through grants made under Title XX. The 32,278
social services furnished with Title XX funds shall be directed 32,279
at the following goals:
(1) Achieving or maintaining economic self-support to 32,281
prevent, reduce, or eliminate dependency; 32,282
(2) Achieving or maintaining self-sufficiency, including 32,284
reduction or prevention of dependency; 32,285
(3) Preventing or remedying neglect, abuse, or 32,287
exploitation of children and adults unable to protect their own 32,288
interests, or preserving, rehabilitating, or reuniting families; 32,289
(4) Preventing or reducing inappropriate institutional 32,291
care by providing for community-based care, home-based care, or 32,292
other forms of less intensive care; 32,293
(5) Securing referral or admission for institutional care 32,295
741
when other forms of care are not appropriate, or providing 32,296
services to individuals in institutions. 32,297
(C)(1) All federal funds received under Title XX shall be 32,300
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of 32,303
human services;
(b) Twelve and ninety-three one-hundreths per cent to the 32,306
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per cent to the 32,309
department of mental retardation and developmental disabilities. 32,310
(2) Each state department shall, subject to the approval 32,313
of the controlling board, develop formulas for the distribution 32,314
of their Title XX appropriations to their respective local 32,316
agencies. The formulas shall take into account the total 32,317
population of the area that is served by the agency, the 32,318
percentage of the population in the area that falls below the 32,319
federal poverty guidelines, and the agency's history of and
ability to utilize Title XX funds. 32,320
(3) Each of the state departments shall expend no more 32,323
than three per cent of its Title XX appropriation for state 32,324
administrative costs. Each of the department's respective local 32,325
agencies shall expend no more than fourteen per cent of its Title 32,327
XX appropriation for local administrative costs.
(4) The department of human services shall expend no more 32,329
than two per cent of its Title XX appropriation for the training 32,332
of the following:
(a) Employees of county departments of human services; 32,335
(b) Providers of services under contract with the state 32,338
departments' respective local agencies;
(c) Employees of a public children services agency 32,340
directly engaged in providing Title XX services. 32,343
(D) The department of human services shall prepare a 32,346
biennial comprehensive Title XX social services plan on the 32,347
intended use of Title XX funds. The department shall develop a 32,348
742
method for obtaining public comment during the development of the 32,349
plan and following its completion. 32,350
For each state fiscal year, the department of human 32,352
services shall prepare a report on the actual use of Title XX 32,354
funds. The department shall make the report available for public 32,355
inspection.
The departments of mental health and mental retardation and 32,358
developmental disabilities shall prepare and submit to the
department of human services the portions of each biennial plan 32,359
and annual report that apply to services for mental health and 32,360
mental retardation and developmental disabilities. Each 32,361
respective local agency of the three state departments shall 32,362
submit information as necessary for the preparation of biennial 32,363
plans and annual reports. 32,364
(E) Each county department shall adopt a county profile 32,367
for the administration and provision of Title XX social services 32,368
in the county. In developing its county profile, the county 32,369
department shall take into consideration the comments and 32,370
recommendations received from the public by the county human 32,371
services planning committee pursuant to section 329.06 of the 32,372
Revised Code. As part of its preparation of the county profile, 32,374
the county department may prepare a local needs report analyzing 32,375
the need for Title XX social services. 32,376
The county department shall submit the county profile to 32,379
the board of county commissioners for its review. Once the
county profile has been approved by the board, the county 32,380
department shall file a copy of the county profile with the state 32,382
department of human services. The state department shall approve 32,383
the county profile if the state department determines the profile
provides for the Title XX social services to meet the goals 32,384
specified in division (B) of this section. 32,385
(F) Not less often than every two years, the departments 32,387
of human services, mental health, and mental retardation and 32,388
developmental disabilities each shall commission an entity 32,389
743
independent of itself to conduct an audit of its Title XX 32,390
expenditures in accordance with generally accepted auditing 32,392
principles. Within thirty days following the completion of its 32,393
audit, each department shall submit a copy of the audit to the 32,394
general assembly and to the United States secretary of health and 32,395
human services. 32,396
(G) Any of the three state departments and their 32,399
respective local agencies may require that an entity under 32,400
contract to provide social services with Title XX funds submit to 32,401
an audit on the basis of alleged misuse or improper accounting of 32,402
funds. The three state departments and their respective local 32,403
agencies may terminate or refuse to enter into a Title XX 32,404
contract with a provider of social services if there are adverse 32,405
findings in an audit that are the responsibility of the provider. 32,406
The amount of any adverse findings shall not be reimbursed with 32,407
Title XX funds. The cost of conducting an audit shall be 32,408
reimbursed under a subsequent or amended Title XX contract with 32,409
the provider. 32,410
(H) If federal funds received by the department of human 32,413
services for use under Chapters 5107. and 5108. of the Revised 32,414
Code are transferred by the controlling board for use in 32,416
providing social services under this section, the DISTRIBUTION 32,417
AND USE OF THE FUNDS ARE NOT SUBJECT TO THE PROVISIONS OF 32,418
DIVISION (C) OF THIS SECTION. THE department shall distribute 32,419
MAY DO ONE OR BOTH OF THE FOLLOWING WITH THE FUNDS:
(1) DISTRIBUTE the funds solely to the county departments 32,422
of human services;
(2) USE THE FUNDS FOR SERVICES THAT BENEFIT INDIVIDUALS 32,424
ELIGIBLE FOR SERVICES CONSISTENT WITH THE PRINCIPLES OF TITLE 32,426
IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 32,427
U.S.C.A. 301, AS AMENDED.
(I) The department of human services may adopt rules 32,429
necessary to carry out the purposes of this section. Rules 32,431
adopted under this division shall be adopted in accordance with 32,433
744
Chapter 119. of the Revised Code, unless they are internal 32,434
management rules governing fiscal and administrative matters. 32,435
Internal management rules may be adopted in accordance with 32,436
section 111.15 of the Revised Code. 32,438
Sec. 5101.50. (A) AS USED IN THIS SECTION AND IN SECTIONS 32,440
5101.51 TO 5101.518 OF THE REVISED CODE: 32,441
(1) "CHILDREN'S HEALTH INSURANCE PROGRAM" MEANS THE 32,443
PROGRAM AUTHORIZED BY TITLE XXI OF THE "SOCIAL SECURITY ACT," 111 32,445
STAT. 552 (1997), 42 U.S.C.A. 1397aa. 32,447
(2) "FEDERAL POVERTY GUIDELINES" HAS THE SAME MEANING AS 32,449
IN SECTION 5101.46 OF THE REVISED CODE. 32,450
(B) THE DIRECTOR OF HUMAN SERVICES MAY CONTINUE TO OPERATE 32,452
THE CHILDREN'S HEALTH INSURANCE PROGRAM INITIALLY AUTHORIZED BY 32,453
AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF THE REVISED 32,454
CODE AS LONG AS FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR 32,455
THE PROGRAM. IF OPERATED, THE PROGRAM SHALL PROVIDE HEALTH 32,456
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 32,457
WITH FAMILY INCOMES NOT EXCEEDING ONE HUNDRED FIFTY PER CENT OF 32,458
THE FEDERAL POVERTY GUIDELINES. IN ACCORDANCE WITH 42 U.S.C.A. 32,460
1397aa, THE DIRECTOR MAY PROVIDE FOR THE HEALTH ASSISTANCE TO 32,461
MEET THE REQUIREMENTS OF 42 U.S.C.A. 1397cc, TO BE PROVIDED UNDER 32,463
THE MEDICAID PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE 32,464
REVISED CODE, OR TO BE A COMBINATION OF BOTH. 32,465
Sec. 5101.501. HEALTH ASSISTANCE PROVIDED UNDER SECTION 32,467
5101.50 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 32,468
HEALTH INSURANCE PROGRAM PART I. 32,469
Sec. 5101.502. THE DIRECTOR OF HUMAN SERVICES MAY ADOPT 32,471
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 32,472
NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE CHILDREN'S 32,474
HEALTH INSURANCE PROGRAM PART I, INCLUDING RULES THAT ESTABLISH 32,475
ALL OF THE FOLLOWING: 32,476
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 32,478
WILL BE REIMBURSED; 32,479
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 32,481
745
REIMBURSABLE UNDER THE PROGRAM; 32,482
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 32,484
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 32,486
Sec. 5101.503. A COMPLETED APPLICATION FOR MEDICAL 32,488
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 32,489
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 32,491
CHILDREN'S HEALTH INSURANCE PROGRAM PART I IF THE APPLICATION IS 32,492
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 32,494
YEARS OF AGE AND IS DENIED.
Sec. 5101.51. IN ACCORDANCE WITH FEDERAL LAW GOVERNING THE 32,496
CHILDREN'S HEALTH INSURANCE PROGRAM, THE DIRECTOR OF HUMAN 32,497
SERVICES MAY SUBMIT A STATE CHILD HEALTH PLAN TO THE UNITED 32,498
STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO PROVIDE, EXCEPT 32,499
AS PROVIDED IN SECTION 5101.516 OF THE REVISED CODE, HEALTH 32,501
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 32,502
WITH FAMILY INCOMES ABOVE ONE HUNDRED FIFTY PER CENT OF THE 32,503
FEDERAL POVERTY GUIDELINES BUT NOT EXCEEDING TWO HUNDRED PER CENT 32,504
OF THE FEDERAL POVERTY GUIDELINES. IF THE DIRECTOR SUBMITS THE 32,505
PLAN, THE DIRECTOR SHALL INCLUDE BOTH OF THE FOLLOWING IN THE 32,506
PLAN:
(A) THE HEALTH ASSISTANCE WILL NOT BEGIN BEFORE JANUARY 1, 32,509
2000.
(B) THE HEALTH ASSISTANCE WILL BE AVAILABLE ONLY WHILE 32,511
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR IT. 32,512
Sec. 5101.511. HEALTH ASSISTANCE PROVIDED UNDER SECTION 32,514
5101.51 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 32,515
HEALTH INSURANCE PROGRAM PART II. 32,516
Sec. 5101.512. IF THE DIRECTOR OF HUMAN SERVICES SUBMITS A 32,518
STATE CHILD HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH 32,519
AND HUMAN SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND 32,521
THE SECRETARY APPROVES THE PLAN, THE DIRECTOR SHALL IMPLEMENT THE
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IN ACCORDANCE WITH 32,523
THE PLAN. THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 32,524
CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR THE EFFICIENT 32,525
746
ADMINISTRATION OF THE PROGRAM, INCLUDING RULES THAT ESTABLISH ALL 32,528
OF THE FOLLOWING: 32,529
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 32,531
WILL BE REIMBURSED; 32,532
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 32,534
REIMBURSABLE UNDER THE PROGRAM; 32,535
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 32,537
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 32,538
Sec. 5101.513. THE DIRECTOR OF HUMAN SERVICES MAY CONTRACT 32,540
WITH A GOVERNMENT ENTITY OR PERSON TO PERFORM THE DIRECTOR'S 32,541
ADMINISTRATIVE DUTIES REGARDING THE CHILDREN'S HEALTH INSURANCE 32,542
PROGRAM PART II, OTHER THAN THE DUTY TO SUBMIT A STATE CHILD 32,543
HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 32,545
SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND THE DUTY 32,546
TO ADOPT RULES UNDER SECTION 5101.512 OF THE REVISED CODE. 32,547
Sec. 5101.514. IN ACCORDANCE WITH 42 U.S.C.A. 1397aa, THE 32,550
DIRECTOR MAY PROVIDE FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S 32,552
HEALTH INSURANCE PROGRAM PART II TO MEET THE REQUIREMENTS OF 42 32,553
U.S.C.A. 1397cc, TO BE PROVIDED UNDER THE MEDICAID PROGRAM 32,555
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, OR TO BE A 32,556
COMBINATION OF BOTH. 32,557
Sec. 5101.515. THE DIRECTOR OF HUMAN SERVICES MAY 32,559
DETERMINE APPLICANTS' ELIGIBILITY FOR THE CHILDREN'S HEALTH 32,560
INSURANCE PROGRAM PART II BY ANY OF THE FOLLOWING MEANS: 32,561
(A) USING EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES; 32,563
(B) ASSIGNING THE DUTY TO COUNTY DEPARTMENTS OF HUMAN 32,565
SERVICES; 32,566
(C) CONTRACTING WITH A GOVERNMENT ENTITY OR PERSON. 32,568
Sec. 5101.516. IF THE DIRECTOR OF HUMAN SERVICES 32,570
DETERMINES THAT FEDERAL FINANCIAL PARTICIPATION FOR THE 32,571
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IS INSUFFICIENT TO 32,572
PROVIDE HEALTH ASSISTANCE TO ALL THE INDIVIDUALS THE DIRECTOR 32,573
ANTICIPATES ARE ELIGIBLE FOR THE PROGRAM, THE DIRECTOR MAY REFUSE 32,574
TO ACCEPT NEW APPLICATIONS FOR THE PROGRAM OR MAY MAKE THE 32,575
747
PROGRAM'S ELIGIBILITY REQUIREMENTS MORE RESTRICTIVE. 32,576
Sec. 5101.517. TO THE EXTENT PERMITTED BY 42 U.S.C.A. 32,580
1397cc(e), THE DIRECTOR OF HUMAN SERVICES MAY REQUIRE AN 32,581
INDIVIDUAL RECEIVING HEALTH ASSISTANCE UNDER THE CHILDREN'S
HEALTH INSURANCE PROGRAM PART II TO PAY A PREMIUM, DEDUCTIBLE, 32,582
COINSURANCE PAYMENT, OR OTHER COST-SHARING EXPENSE. 32,583
Sec. 5101.518. THE DIRECTOR OF HUMAN SERVICES SHALL 32,585
ESTABLISH AN APPEAL PROCESS FOR INDIVIDUALS AGGRIEVED BY A 32,586
DECISION MADE REGARDING ELIGIBILITY FOR THE CHILDREN'S HEALTH 32,587
INSURANCE PROGRAM PART II. THE PROCESS MAY BE IDENTICAL TO, 32,588
SIMILAR TO, OR DIFFERENT FROM THE APPEAL PROCESS ESTABLISHED BY 32,589
SECTION 5101.35 OF THE REVISED CODE. 32,590
Sec. 5101.519. A COMPLETED APPLICATION FOR MEDICAL 32,592
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 32,593
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 32,595
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IF THE APPLICATION IS 32,596
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 32,598
YEARS OF AGE AND IS DENIED.
Sec. 5101.52. Upon the death of a recipient of aid, under 32,607
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 32,608
U.S.C.A. 301, as amended, or of any person who would be eligible 32,609
for such aid except that he THE PERSON is a resident of a county 32,610
home, or any person who received assistance under former Chapter 32,612
5105., 5106., or 5151. of the Revised Code, for the month of 32,613
December, 1973, or a recipient of aid under Chapter 5107. or 32,614
5115. of the Revised Code who resides RESIDED in an 32,615
unincorporated area, application may be made THE PERSON ENTITLED 32,617
TO RECEIVE PAYMENT FOR FUNERAL, CREMATION, CEMETERY, AND BURIAL 32,618
EXPENSES FOR THE DECEASED RECIPIENT MAY APPLY to the A COUNTY 32,619
department of human services for STATE funds to defray the THOSE 32,620
expenses of burial for such deceased recipient. AN ITEMIZED 32,622
SWORN STATEMENT OF THE TOTAL FUNERAL, CREMATION, CEMETERY, AND 32,623
BURIAL CHARGES SUBMITTED BY A FUNERAL DIRECTOR MUST ACCOMPANY THE 32,624
APPLICATION.
748
THE COUNTY DEPARTMENT THAT RECEIVES THE APPLICATION SHALL 32,626
MAKE THE DETERMINATION OF WHETHER TO APPROVE PAYMENT OF THE 32,627
FUNERAL, CREMATION, CEMETERY, AND BURIAL EXPENSES. THE COUNTY 32,629
DEPARTMENT SHALL NOT APPROVE THE PAYMENT IF THE RECIPIENT, AT THE 32,630
TIME OF DEATH, HAD FUNDS AVAILABLE FOR THE EXPENSES OR IF THE 32,631
TOTAL COST OF THE EXPENSES EXCEEDS THE AMOUNT DESIGNATED IN THIS 32,632
SECTION. ANY PERSON OR GOVERNMENT ENTITY, OTHER THAN THE STATE 32,633
DEPARTMENT OF HUMAN SERVICES, MAY PROVIDE CONTRIBUTIONS, 32,635
ALLOWANCES, AND GRANTS UP TO A TOTAL AMOUNT NOT TO EXCEED THE 32,636
MAXIMUM BURIAL ASSISTANCE PAYMENT UNDER THIS SECTION AND GRAVE 32,637
SPACE TOWARDS ITEMS OF CREMATION, CEMETERY, OUTSIDE RECEPTACLE, 32,638
AND INCIDENTAL FUNERAL AND BURIAL EXPENSES, OTHER THAN A STANDARD 32,639
SIZED CASKET AND PROFESSIONAL SERVICES OF THE FUNERAL DIRECTOR. 32,640
TO THE EXTENT FURNISHED, SUCH CONTRIBUTION, ALLOWANCE, GRANT, OR 32,641
GRAVE SPACE SHALL NOT BE CONSIDERED A PART OF THE TOTAL FUNERAL, 32,642
CREMATION, CEMETERY, AND BURIAL EXPENSES OF THE DECEASED 32,643
RECIPIENT. The COUNTY department shall approve burial PAYMENT OF 32,644
expenses only to the extent of the difference between the 32,645
resources of the deceased person, in real and personal property 32,646
and insurance, and the permissible payment for burial and funeral 32,647
expenses as provided in this section. 32,648
A sum not to exceed the following amount may be ordered 32,650
paid to the proper person to defray the total funeral, cremation, 32,651
cemetery, and burial expenses of the deceased recipient: 32,652
(A) A IF THE DECEASED RECIPIENT WAS A recipient of aid 32,654
under Title XVI of the "Social Security Act," 49 Stat. 620 32,657
(1935), 42 U.S.C.A. 301, as amended, or of any A person who would 32,658
be HAVE BEEN eligible for such aid except that he is a resident 32,660
of THE PERSON RESIDED IN a county home, or any A person who 32,661
received assistance under former Chapter 5105., 5106., or 5151. 32,663
of the Revised Code, for the month of December, 1973, or a 32,664
recipient of aid under Chapter 5107. or 5115. of the Revised Code 32,666
who resides RESIDED in an unincorporated area. If such recipient 32,667
is AND WAS eleven years of age or older, seven hundred fifty 32,668
749
dollars.
(B) A IF THE DECEASED RECIPIENT WAS A recipient of aid 32,670
under Chapter 5107. or 5115. of the Revised Code who resides 32,672
RESIDED in an unincorporated area, if such recipient has AND HAD 32,674
not reached the age of eleven years, five hundred dollars. 32,676
Such funeral, cremation, cemetery, and burial expense 32,678
payments shall not be made to the extent that the recipient, at 32,679
the time of death, had funds available for such purposes. No 32,680
payment shall be made by the department if the total cost of the 32,681
funeral, cremation, cemetery, and burial expenses exceeds the 32,682
amount designated under this section. Contributions, allowances, 32,683
and grants up to a total amount not to exceed the maximum burial 32,684
assistance payment under this section and grave space may be 32,685
furnished by any source, other than the department, towards items 32,686
of cremation, cemetery, outside receptacle, incidental funeral 32,687
and burial expenses, other than a standard sized casket and 32,688
professional services of the funeral director, and to the extent 32,689
so furnished shall not be considered as a part of the total 32,690
funeral, cremation, cemetery, and burial expenses of such 32,691
deceased recipient. Application for state funds shall be filed 32,692
by the proper person entitled to receive payment for funeral and 32,693
burial expenses. An itemized sworn statement of the total 32,694
funeral, cremation, cemetery, and burial charges shall be 32,695
submitted by the funeral director. 32,696
Sec. 5101.541. (A) The department of human services shall 32,705
establish, by rule, effective July 1, 1981, a system of mail 32,706
issuance of food stamp allotments utilizing direct coupon 32,707
mailing. The county department of human services shall 32,708
administer the mailing of such coupons under the supervision of 32,709
the department of human services. The system shall provide for 32,710
redetermination of eligibility at the same intervals as are in 32,711
effect on March 23, 1981 or at such other intervals as may be 32,712
required by federal law or regulation. 32,713
(B) The department of human services shall provide an 32,715
750
alternative system to the system of mail issuance established in 32,716
division (A) of this section in counties where ANY OF THE 32,717
FOLLOWING APPLY: 32,718
(1) The department can document, after notice and hearing, 32,720
significant diminution of demand for mail issuance of food stamp 32,721
coupons; or 32,722
(2) The loss rate for coupons issued through the mail 32,724
exceeds any tolerable loss rate which may be established by rule 32,725
of the United States department of agriculture; 32,726
(3) THE DEPARTMENT PROVIDES FOR FOOD STAMP BENEFITS TO BE 32,728
DISTRIBUTED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER IN 32,729
THE COUNTY PURSUANT TO SECTION 5101.33 OF THE REVISED CODE. 32,730
(C) The county department of human services shall issue to 32,732
each household or the household's authorized representative for 32,733
coupon issuance, at the time eligibility for food stamps is 32,734
established, an identification card. The card shall be issued in 32,735
the name of the household member to whom food stamp coupons are 32,736
issued or the authorized representative. 32,737
Sec. 5101.544. If the benefits of a household are reduced 32,746
under a federal, state, or local means-tested public assistance 32,747
program for failure of a member of the household to perform an 32,748
action required under the program, the household may not receive, 32,749
for the duration of the reduction, an increased allotment of food 32,750
stamp benefits as the result of a decrease in the income of the 32,751
household to the extent that the decrease is the result of the 32,752
reduction. To the extent federal law and regulations or a 32,753
federal waiver permit, an incentive payment under the LEAPprogram established under section 5107.30 of the Revised Code 32,756
shall not result in a decrease in the allotment of food stamp 32,758
benefits a household receives.
The department of human services shall adopt rules in 32,760
accordance with Chapter 119. of the Revised Code to implement 32,762
this section. The rules shall be consistent with 7 U.S.C.A. 32,763
2017(d), AND federal regulations, and the terms and conditions of 32,764
751
the federal waiver authorizing the LEAP program. 32,765
Sec. 5101.83. (A) As used in this section: 32,775
(1) "Assistance group" has the same meaning as in sections 32,777
5107.02 and 5108.01 of the Revised Code. 32,778
(2) "Fraudulent assistance" means assistance and services, 32,782
including cash assistance, provided under the Ohio works first 32,783
program established under Chapter 5107., or the prevention, 32,784
retention, and contingency program established under Chapter 32,785
5108. of the Revised Code, to or on behalf of an assistance group 32,786
that is provided as a result of fraud by a member of the 32,788
assistance group, including an intentional violation of the 32,789
program's requirements. "Fraudulent assistance" does not include 32,790
assistance or services to or on behalf of an assistance group 32,793
that is provided as a result of an error that is the fault of a 32,794
county department of human services or the state department of 32,795
human services.
(B) If a county director of human services determines that 32,799
an assistance group has received fraudulent assistance, the 32,800
assistance group is ineligible to participate in the Ohio works 32,802
first program or the prevention, retention, and contingency 32,803
program until a member of the assistance group repays the cost of 32,805
the fraudulent assistance. If a member repays the cost of the 32,806
fraudulent assistance and the assistance group otherwise meets 32,807
the eligibility requirements for the Ohio works first program or 32,809
the prevention, retention, and contingency program, the
assistance group shall not be denied the opportunity to 32,810
participate in the program. 32,811
This section does not limit the ability of a county 32,813
department of human services to recover erroneous payments under 32,814
section 5107.77 5107.76 of the Revised Code. 32,815
The state department of human services shall adopt rules in 32,818
accordance with Chapter 119. of the Revised Code to implement
this section.
Sec. 5101.85. AS USED IN SECTIONS 5101.851 TO 5101.854 OF 32,820
752
THE REVISED CODE, "KINSHIP CAREGIVER" MEANS ANY OF THE FOLLOWING 32,822
INDIVIDUALS WHO IS AGE EIGHTEEN YEARS OF AGE OR OLDER AND IS 32,823
CARING FOR A CHILD IN PLACE OF THE CHILD'S PARENTS: 32,825
(A) THE FOLLOWING INDIVIDUALS RELATED BY BLOOD OR ADOPTION 32,827
TO THE CHILD: 32,828
(1) GRANDPARENTS, INCLUDING GRANDPARENTS WITH THE PREFIX 32,830
"GREAT," "GREAT-GREAT," OR "GREAT-GREAT-GREAT"; 32,831
(2) SIBLINGS; 32,833
(3) AUNTS, UNCLES, NEPHEWS, AND NIECES, INCLUDING SUCH 32,835
RELATIVES WITH THE PREFIX "GREAT," "GREAT-GREAT," "GRAND," OR 32,836
"GREAT-GRAND";
(4) FIRST COUSINS AND FIRST COUSINS ONCE REMOVED. 32,838
(B) STEPPARENTS AND STEPSIBLINGS OF THE CHILD; 32,840
(C) SPOUSES AND FORMER SPOUSES OF INDIVIDUALS NAMED IN 32,842
DIVISIONS (A) AND (B) OF THIS SECTION; 32,843
(D) A LEGAL GUARDIAN OF THE CHILD; 32,845
(E) A LEGAL CUSTODIAN OF THE CHILD. 32,847
Sec. 5101.851. THERE IS HEREBY CREATED THE KINSHIP CARE 32,849
SERVICES PLANNING COUNCIL IN THE DEPARTMENT OF HUMAN SERVICES. 32,850
THE FOLLOWING SHALL SERVE ON THE COUNCIL: 32,851
(A) THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE 32,853
DIRECTORS OF HUMAN SERVICES, YOUTH SERVICES, HEALTH, MENTAL 32,854
HEALTH, ALCOHOL AND DRUG ADDICTION SERVICES, MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES, AND AGING OR THE SUPERINTENDENT'S 32,855
OR DIRECTORS' DESIGNEES; 32,856
(B) REPRESENTATIVES OF THE FOLLOWING AS APPOINTED BY THE 32,858
DIRECTOR OF HUMAN SERVICES NOT LATER THAN AUGUST 30, 1999: 32,859
(1) PUBLIC CHILDREN SERVICES AGENCIES; 32,861
(2) COUNTY DEPARTMENTS OF HUMAN SERVICES; 32,863
(3) CHILD SUPPORT ENFORCEMENT AGENCIES; 32,865
(4) AREA AGENCIES ON AGING; 32,867
(5) LEGAL AID SOCIETIES; 32,869
(6) ORGANIZATIONS THE DIRECTOR DETERMINES SHOULD BE 32,871
REPRESENTED ON THE COUNCIL. 32,872
753
Sec. 5101.852. BASED ON THE REPORT OF THE GRANDPARENTS 32,874
RAISING GRANDCHILDREN TASK FORCE CREATED BY AM. SUB. H.B. 215 OF 32,875
THE 122nd GENERAL ASSEMBLY, THE KINSHIP CARE SERVICES PLANNING 32,876
COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DIRECTOR OF HUMAN 32,877
SERVICES THAT SPECIFY THE TYPES OF SERVICES THAT SHOULD BE 32,878
INCLUDED AS PART OF A PROGRAM PROVIDING SUPPORT SERVICES TO 32,879
KINSHIP CAREGIVERS.
THE COUNCIL SHALL MAKE ITS RECOMMENDATIONS TO THE DIRECTOR 32,881
OF HUMAN SERVICES NO LATER THAN DECEMBER 31, 1999. THE COUNCIL 32,882
SHALL CEASE TO EXIST ON THE DATE IT MAKES THE RECOMMENDATIONS. 32,883
Sec. 5101.853. (A) AS USED IN THIS SECTION, "QUALIFIED 32,885
STATE EXPENDITURES" HAS THE MEANING PROVIDED BY SECTION 32,886
409(a)(7)(B)(i) OF THE "PERSONAL RESPONSIBILITY AND WORK 32,890
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 32,893
U.S.C.A. 609(a)(7)(B)(i). 32,894
(B) USING QUALIFIED STATE EXPENDITURES AND BASED ON THE 32,896
RECOMMENDATIONS OF THE KINSHIP CARE SERVICES PLANNING COUNCIL, 32,897
THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A PROGRAM 32,898
PROVIDING SUPPORT SERVICES TO KINSHIP CAREGIVERS THAT ADDRESSES 32,899
THE NEEDS OF THOSE CAREGIVERS. THE DEPARTMENT SHALL ESTABLISH 32,900
THE PROGRAM NO LATER THAN MARCH 31, 2000. THE PROGRAM SHALL 32,901
PROVIDE SUPPORT SERVICES THAT INCLUDE THE FOLLOWING: 32,902
(1) PUBLICLY FUNDED CHILD DAY-CARE; 32,904
(2) RESPITE CARE; 32,906
(3) TRAINING RELATED TO CARING FOR SPECIAL NEEDS CHILDREN; 32,908
(4) A TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO 32,910
OBTAIN BASIC INFORMATION ABOUT THE RIGHTS OF, AND SERVICES 32,911
AVAILABLE TO, KINSHIP CAREGIVERS; 32,912
(5) LEGAL SERVICES. 32,914
Sec. 5101.854. THE DEPARTMENT OF HUMAN SERVICES SHALL 32,916
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 32,917
TO IMPLEMENT THE PROGRAM TO PROVIDE SUPPORT SERVICES TO KINSHIP 32,919
CAREGIVERS. TO THE EXTENT PERMITTED BY FEDERAL LAW AND THE 32,920
REVISED CODE, THE RULES MAY EXPAND ELIGIBILITY FOR PROGRAMS 32,921
754
ADMINISTERED BY THE DEPARTMENT IN A MANNER MAKING KINSHIP 32,922
CAREGIVERS ELIGIBLE FOR THE PROGRAMS. 32,923
Sec. 4 5101.86. (A) As used in this section, "poverty 32,925
guideline" means the official poverty guideline as revised 32,928
annually by the United States Secretary SECRETARY of Health 32,929
HEALTH and Human Services HUMAN SERVICES in accordance with 32,930
section 673 of the "Community Services Block Grant Act," 95 Stat. 32,932
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 32,935
to the size of the family of the person whose income is being
determined. 32,936
(B) The Department DEPARTMENT of Human Services HUMAN 32,939
SERVICES shall establish the Non-TANF Emergency Assistance 32,941
Program ADULT EMERGENCY ASSISTANCE PROGRAM with funds in 32,942
appropriation line item 400-512, Non-TANF Emergency Assistance 32,943
APPROPRIATED BY THE GENERAL ASSEMBLY. 32,944
Funds appropriated for the Non-TANF Emergency Assistance 32,946
Program PROGRAM shall be used to assist persons age eighteen or 32,950
older who are not eligible for assistance under the Temporary 32,951
Assistance for Needy Families Program authorized by Executive 32,952
Order 96-73V and have incomes not greater than 40 per cent of the 32,955
poverty guideline ELIGIBLE FOR THE PROGRAM with emergency needs, 32,956
including food, clothing, shelter, and other essential goods or 32,958
services. The funds shall be used for direct payments to, or on 32,959
behalf of, eligible persons. A PERSON IS ELIGIBLE FOR THE 32,960
PROGRAM IF THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 32,961
(1) THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE; 32,962
(2) THE PERSON IS NOT A PARENT RESIDING WITH THE PARENT'S 32,964
CHILD; 32,965
(3) THE PERSON DOES NOT HAVE INCOME GREATER THAN FORTY PER 32,967
CENT OF THE POVERTY GUIDELINE, UNLESS THE PERSON IS SIXTY-FIVE 32,968
YEARS OF AGE OR OLDER AND RECEIVING SUPPLEMENTAL SECURITY INCOME 32,970
UNDER TITLE XVI OF THE "SOCIAL SECURITY ACT," 86 STAT. 1475 32,971
(1972), 42 U.S.C.A. 1383, AS AMENDED. 32,972
(C) As soon as possible after the start of EACH fiscal 32,974
755
years 1998 and 1999 YEAR, the Department DEPARTMENT shall 32,975
distribute, in a single payment, the funds appropriated that 32,977
fiscal year for the Non-TANF Emergency Assistance Program PROGRAM 32,979
to the Ohio State Set-Aside Committee STATE SET-ASIDE COMMITTEE 32,981
of the Federal Emergency Management Agency FEDERAL EMERGENCY 32,982
MANAGEMENT AGENCY or to a fiscal agent designated by the 32,984
Committee COMMITTEE. The Committee COMMITTEE shall determine the 32,986
amount of the appropriation to be allocated to each county, and 32,987
the Committee COMMITTEE or its fiscal agent shall distribute the 32,988
allocations to the counties. Each county's allocation shall be 32,990
paid to a nonprofit entity that serves as the county's emergency
food and shelter board or to a fiscal agent designated by the 32,991
entity. If an entity serves as the emergency food and shelter 32,992
board for more than one county, the allocation for each of those 32,993
counties shall be paid to that entity. 32,994
The Committee COMMITTEE may reallocate funds during A 32,997
fiscal years 1998 and 1999 YEAR based on its determination of 32,999
local needs and expenditures.
The Committee COMMITTEE or its fiscal agent may use up to 33,002
three per cent of the fiscal years 1998 and 1999 appropriation 33,003
AMOUNT APPROPRIATED FOR A FISCAL YEAR for administrative 33,004
expenses. The Committee COMMITTEE may allow any county entity 33,006
receiving funds under this section in fiscal years 1998 and 1999, 33,007
the entity's fiscal agent, or an entity designated by the county 33,008
entity to use up to four per cent of the county's allocation for 33,010
administrative expenses.
(D) If any local entity returns unexpended fiscal year 33,012
1998 Non-TANF Emergency Assistance funds FOR THE PROGRAM to the 33,015
State Set-Aside Committee COMMITTEE, the Committee COMMITTEE 33,017
shall return the funds to the department. The department shall 33,018
seek approval from the Controlling Board CONTROLLING BOARD to 33,020
transfer the unexpended funds to increase the THAT fiscal year 33,021
1999 YEAR'S appropriation for Non-TANF Emergency Assistance THE 33,024
PROGRAM. If the Controlling Board CONTROLLING BOARD approves the 33,026
756
increase, the Department DEPARTMENT shall distribute the 33,027
increased appropriation to the Committee COMMITTEE or its fiscal 33,029
agent. The Committee COMMITTEE may allocate, distribute, and 33,030
reallocate the additional funds in the same manner as other 33,031
fiscal year 1999 Non-TANF Emergency Assistance funds APPROPRIATED 33,034
THAT FISCAL YEAR FOR THE PROGRAM.
(E) Each entity receiving funds under this section shall 33,037
report to the Set-Aside Committee COMMITTEE, in the form and 33,039
manner required by the Committee COMMITTEE, information regarding 33,042
the entity's use of the funds. The Committee COMMITTEE shall 33,043
compile the information received from these reports and provide 33,044
it to the Department DEPARTMENT and the General Assembly GENERAL 33,047
ASSEMBLY. The Committee COMMITTEE shall provide the Department 33,049
DEPARTMENT and the General Assembly GENERAL ASSEMBLY with the 33,051
information no later than THE THIRTIETH DAY OF September 30 of 33,052
each fiscal year. 33,053
Sec. 5101.93. (A) There is hereby established a welfare 33,063
oversight council consisting of eight voting members, four of 33,064
whom shall be members of the house of representatives, two 33,065
appointed by the speaker and two appointed by the minority leader 33,066
of the house of representatives, not more than two of whom shall 33,067
be members of the same political party, and four of whom shall be 33,068
members of the senate, two appointed by the president and two 33,069
appointed by the minority leader of the senate, not more than two 33,070
of whom shall be members of the same political party. The 33,071
director of administrative services, the administrator of the 33,072
bureau of employment services, and the director of human services 33,074
shall be ex officio nonvoting members and two representatives of 33,075
the general public appointed by the governor shall be nonvoting 33,076
members of the council. The council may, by a majority vote, add 33,078
other nonvoting members to the council. A vacancy on the council 33,080
shall be filled in the same manner as the original appointment. 33,081
(B) The speaker of the house of representatives shall 33,083
designate the initial chairperson of the welfare oversight 33,084
757
council and the president of the senate shall designate the 33,085
initial vice-chairperson of the council. Thereafter, the 33,086
authority to designate the chairperson and the vice-chairperson 33,087
shall alternate between the speaker of the house and the 33,088
president of the senate. The chairperson and vice-chairperson 33,089
and other members of the council shall serve one-year terms. 33,090
The council shall meet at least four times a year in 33,093
Columbus or other locations selected by the chairperson to 33,094
monitor and review the Ohio works first program established under 33,095
Chapter 5107. of the Revised Code, including sanctions imposed 33,096
under section 5107.16 of the Revised Code; the prevention, 33,097
retention, and contingency program established under Chapter 33,099
5108. of the Revised Code; and the department of human services, 33,100
county departments of human services, child support enforcement 33,101
agencies, and public children services agencies. The council may 33,102
visit the department, county departments, and agencies. 33,103
The chairperson of the council shall determine the agenda 33,106
for each meeting of the council, except that if at least four 33,107
legislative members of the council submit a written request to 33,108
the chairperson to consider an item, the chairperson shall place 33,109
the item on the agenda of the council's next regularly scheduled 33,110
meeting occurring more than ten days after the written request is 33,111
submitted to the chairperson.
(C) The members of the welfare oversight council shall 33,113
serve without compensation but shall be reimbursed for their 33,114
actual and necessary expenses incurred in the discharge of their 33,115
official duties. In the discharge of its duties the council may 33,117
issue subpoenas compelling the attendance of witnesses and the 33,118
production of any records of the department of human services or 33,119
local agencies. The council shall adopt rules to implement this 33,120
section.
(D) The welfare oversight council shall advise the general 33,122
assembly on the performance of the department of human services, 33,124
county departments of human services, child support enforcement 33,125
758
agencies, and public children services agencies. The council 33,126
shall submit recommendations to the general assembly for any 33,127
changes in law that the council considers necessary or 33,128
appropriate. Between lines 9,970a and 9,979, insert: 33,129
Sec. 5104.30. (A) The department of human services is 33,138
hereby designated as the state agency responsible for 33,139
administration and coordination of federal and state funding for 33,140
publicly funded child day-care in this state. Publicly funded 33,141
child day-care shall be provided to the following: 33,142
(1) Recipients of transitional child day-care as provided 33,144
under section 5104.34 of the Revised Code; 33,145
(2) Participants in the Ohio works first program 33,148
established under Chapter 5107. of the Revised Code;
(3) INDIVIDUALS WHO WOULD BE PARTICIPATING IN THE OHIO 33,150
WORKS FIRST PROGRAM IF NOT FOR A SANCTION UNDER SECTION 5107.16 33,151
OF THE REVISED CODE AND WHO CONTINUE TO PARTICIPATE IN A WORK 33,152
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 33,153
PURSUANT TO AN ASSIGNMENT UNDER SECTION 5107.42 OF THE REVISED 33,154
CODE;
(4) A family receiving publicly funded child day-care on 33,156
October 1, 1997, until the family's income reaches one hundred 33,158
fifty per cent of the federal poverty line;
(4)(5) Subject to available funds, other individuals 33,160
determined eligible in accordance with rules adopted under 33,162
section 5104.38 of the Revised Code.
The department shall apply to the United States department 33,165
of health and human services for authority to operate a 33,166
coordinated program for publicly funded child day-care, if the 33,167
director of human services determines that the application is 33,168
necessary. For purposes of this section, the department of human 33,169
services may enter into agreements with other state agencies that 33,170
are involved in regulation or funding of child day-care. The 33,171
department shall consider the special needs of migrant workers 33,172
when it administers and coordinates publicly funded child 33,173
759
day-care and shall develop appropriate procedures for 33,174
accommodating the needs of migrant workers for publicly funded 33,175
child day-care.
(B) The department of human services shall distribute 33,177
state and federal funds for publicly funded child day-care, 33,178
including appropriations of state funds for publicly funded child 33,179
day-care and appropriations of federal funds for publicly funded 33,180
child day-care under Title XX of the "Social Security Act," 88 33,182
Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, and the child 33,183
care block grant act. The department may use any state funds 33,184
appropriated for publicly funded child day-care as the state 33,185
share required to match any federal funds appropriated for 33,186
publicly funded child day-care.
(C) The department may use federal funds available under 33,188
the child care block grant act to hire staff to prepare any rules 33,189
required under this chapter and to administer and coordinate 33,190
federal and state funding for publicly funded child day-care. 33,191
Not more than five per cent of the aggregate amount of 33,194
those federal funds received for a fiscal year may be expended 33,195
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 33,196
(1) Activities designed to provide comprehensive consumer 33,198
education to parents and the public; 33,199
(2) Activities that increase parental choice; 33,201
(3) Activities, including child day-care resource and 33,203
referral services, designed to improve the quality, and increase 33,204
the supply, of child day-care.
(D) The department shall ensure that any federal funds 33,206
received by the state under the child care block grant act will 33,207
be used only to supplement, and will not be used to supplant, 33,208
federal, state, and local funds available on the effective date 33,209
of that act for publicly funded child day-care and related 33,210
programs. A county department of human services may purchase 33,211
child day-care from funds obtained through any other means. 33,212
760
(E) The department shall encourage the development of 33,214
suitable child day-care throughout the state, especially in areas 33,215
with high concentrations of recipients of public assistance and 33,216
families with low incomes. The department shall encourage the 33,218
development of suitable child day-care designed to accommodate 33,219
the special needs of migrant workers. On request, the 33,220
department, through its employees or contracts with state or
community child day-care resource and referral service 33,221
organizations, shall provide consultation to groups and 33,222
individuals interested in developing child day-care. The 33,223
department of human services may enter into interagency 33,224
agreements with the department of education, the board of 33,225
regents, the department of development, and other state agencies 33,226
and entities whenever the cooperative efforts of the other state 33,227
agencies and entities are necessary for the department of human 33,228
services to fulfill its duties and responsibilities under this 33,229
chapter. 33,230
The department may develop and maintain a registry of 33,232
persons providing child day-care and may adopt rules pursuant to 33,233
Chapter 119. of the Revised Code establishing procedures and 33,235
requirements for its administration.
(F) The department shall adopt rules in accordance with 33,237
Chapter 119. of the Revised Code establishing a procedure for 33,238
determining rates of reimbursement and a procedure for paying 33,239
providers of publicly funded child day-care. In establishing 33,240
rates of reimbursement pursuant to this division, the department 33,241
shall use the information obtained under division (B)(3) of 33,242
section 5104.04 of the Revised Code and may establish different 33,243
rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special 33,244
needs of the child, whether expanded hours of service are 33,245
provided, whether weekend service is provided, whether the 33,246
provider has exceeded the minimum requirements of state statutes 33,247
and rules governing child day-care, and any other factors the 33,248
761
department considers appropriate. The department shall establish 33,249
an enhanced rate of reimbursement for providers who provide child 33,250
day-care for caretaker parents who work nontraditional hours.
FOR A TYPE B FAMILY DAY-CARE HOME THAT HAS RECEIVED LIMITED 33,252
CERTIFICATION PURSUANT TO RULES ADOPTED UNDER DIVISION (G)(1) OF 33,253
SECTION 5104.011 OF THE REVISED CODE, THE DEPARTMENT SHALL ADOPT 33,255
RULES ESTABLISHING A REIMBURSEMENT RATE THAT IS THE GREATER OF
THE RATE THAT WAS IN EFFECT FOR THE HOME ON OCTOBER 1, 1997, OR 33,256
SEVENTY-FIVE PER CENT OF THE REIMBURSEMENT RATE THAT APPLIES TO A 33,259
TYPE B FAMILY DAY-CARE HOME CERTIFIED BY THE SAME COUNTY 33,260
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5104.11 OF THE 33,261
REVISED CODE.
Sec. 5104.32. (A) Except as provided in division (C) of 33,271
this section, all purchases of publicly funded child day-care 33,272
shall be made under a contract entered into by a licensed child 33,273
day-care center, licensed type A family day-care home, certified 33,274
type B family day-care home, certified in-home aide, approved 33,275
child day camp, licensed preschool program, or licensed school 33,276
child program and the county department of human services. A 33,277
county department of human services may enter into a contract 33,278
with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an 33,279
unspecified period of time. All contracts for publicly funded 33,280
child day-care shall be contingent upon the availability of state 33,281
and federal funds. The department of human services shall 33,282
prescribe a standard form to be used for all contracts for the 33,283
purchase of publicly funded child day-care, regardless of the 33,284
source of public funds used to purchase the child day-care. To 33,285
the extent permitted by federal law and notwithstanding any other 33,286
provision of the Revised Code that regulates state or county 33,287
contracts or contracts involving the expenditure of state, 33,288
county, or federal funds, all contracts for publicly funded child 33,289
day-care shall be entered into in accordance with the provisions 33,290
of this chapter and are exempt from any other provision of the 33,291
762
Revised Code that regulates state or county contracts or 33,292
contracts involving the expenditure of state, county, or federal 33,293
funds. 33,294
(B) Each contract for publicly funded child day-care shall 33,296
specify at least the following: 33,297
(1) Except as provided in division (B)(2) of this section, 33,300
that the provider of publicly funded child day-care agrees to be 33,301
paid for rendering services at the lower of the rate customarily 33,302
charged by the provider for children enrolled for child day-care 33,303
or the rate of reimbursement established pursuant to section 33,304
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 33,306
day-care to caretaker parents who work nontraditional hours, that 33,307
the provider is to be paid for rendering services to those 33,308
caretaker parents at the rate of reimbursement established 33,309
pursuant to section 5104.30 of the Revised Code regardless of 33,311
whether that rate is higher than the rate the provider 33,312
customarily charges for children enrolled for child day-care; 33,313
(3) That, if a provider provides child day-care to an 33,315
individual potentially eligible for publicly funded child 33,316
day-care who is subsequently determined to be eligible, the 33,317
county department agrees to pay for all child day-care provided 33,318
between the date the county department receives the individual's 33,319
completed application and the date the individual's eligibility 33,320
is determined; 33,321
(4) Whether the county department of human services, the 33,323
provider, or a child day-care resource and referral service 33,324
organization will make eligibility determinations, whether the 33,325
provider or a child day-care resource and referral service 33,326
organization will be required to collect information to be used 33,327
by the county department to make eligibility determinations, and 33,328
the time period within which the provider or child day-care 33,329
resource and referral service organization is required to 33,330
complete required eligibility determinations or to transmit to 33,331
763
the county department any information collected for the purpose 33,332
of making eligibility determinations; 33,333
(5) That the provider shall continue to be licensed, 33,335
approved, or certified pursuant to this chapter or sections 33,336
3301.52 to 3301.59 of the Revised Code and shall comply with all 33,337
standards and other requirements in this chapter and those 33,338
sections and in rules adopted pursuant to this chapter or those 33,339
sections for maintaining the provider's license, approval, or 33,340
certification; 33,341
(6) Whether the provider will be paid by the county 33,343
department of human services or the state department of human 33,344
services; 33,345
(7) That the contract is subject to the availability of 33,347
state and federal funds; 33,348
(8) THAT, FOR EACH SIX-MONTH PERIOD THE PROVIDER PROVIDES 33,350
PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD, THE PROVIDER WILL BE 33,351
PAID FOR UP TO TEN DAYS, OR, AT THE OPTION OF THE COUNTY 33,352
DEPARTMENT, A GREATER NUMBER OF DAYS, THE PROVIDER WOULD HAVE 33,353
PROVIDED THE CHILD PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD 33,354
BEEN PRESENT.
(C) Unless specifically prohibited by federal law, the 33,356
county department of human services shall give individuals 33,357
eligible for publicly funded child day-care the option of 33,358
obtaining certificates for payment that the individual may use to 33,359
purchase services from any provider qualified to provide publicly 33,360
funded child day-care under section 5104.31 of the Revised Code. 33,361
Providers of publicly funded child day-care may present these 33,362
certificates for payment for reimbursement in accordance with 33,363
rules that the department of human services shall adopt. Only 33,364
providers may receive reimbursement for certificates for payment. 33,365
The value of the certificate for payment shall be based on the 33,366
lower of the rate customarily charged by the provider or the rate 33,368
of reimbursement established pursuant to section 5104.30 of the 33,369
Revised Code, unless the provider provides publicly funded child 33,370
764
day-care to caretaker parents who work nontraditional hours, in 33,371
which case the value of the certificate for payment for the 33,372
services to those caretaker parents shall be based on the rate of 33,373
reimbursement established pursuant to that section regardless of 33,374
whether that rate is higher than the rate customarily charged by 33,375
the provider. The county department may provide the certificates 33,377
for payment to the individuals or may contract with child 33,378
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 33,379
publicly funded child day-care pursuant to contracts entered into 33,380
under section 5104.34 of the Revised Code for the providers or 33,381
resource and referral service organizations to provide the 33,382
certificates for payment to individuals whom they determine are 33,383
eligible for publicly funded child day-care. 33,384
FOR EACH SIX-MONTH PERIOD A PROVIDER OF PUBLICLY FUNDED 33,386
CHILD DAY-CARE PROVIDES PUBLICLY FUNDED CHILD DAY-CARE TO THE 33,387
CHILD OF AN INDIVIDUAL GIVEN CERTIFICATES OF PAYMENT, THE 33,388
INDIVIDUAL SHALL PROVIDE THE PROVIDER CERTIFICATES FOR DAYS THE 33,389
PROVIDER WOULD HAVE PROVIDED PUBLICLY FUNDED CHILD DAY-CARE TO 33,390
THE CHILD HAD THE CHILD BEEN PRESENT. COUNTY DEPARTMENTS SHALL 33,391
SPECIFY THE MAXIMUM NUMBER OF DAYS PROVIDERS WILL BE PROVIDED 33,392
CERTIFICATES OF PAYMENT FOR DAYS THE PROVIDER WOULD HAVE PROVIDED 33,393
PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD BEEN PRESENT. THE
MAXIMUM NUMBER OF DAYS SHALL BE AT LEAST TEN. 33,394
Sec. 5104.34. (A)(1) Each county department of human 33,403
services shall implement procedures for making determinations of 33,404
eligibility for publicly funded child day-care. Under those 33,405
procedures, the eligibility determination for each applicant 33,406
shall be made no later than thirty calendar days from the date 33,407
the county department receives a completed application for 33,408
publicly funded child day-care. Each applicant shall be notified 33,409
promptly of the results of the eligibility determination. An 33,410
applicant aggrieved by a decision or delay in making an 33,411
eligibility determination may appeal the decision or delay to the 33,412
765
department of human services in accordance with section 5101.35 33,413
of the Revised Code. The due process rights of applicants shall 33,414
be protected. 33,415
To the extent permitted by federal law, the county 33,417
department may make all determinations of eligibility for 33,418
publicly funded child day-care, may contract with child day-care 33,419
providers or child day-care resource and referral service 33,420
organizations for the providers or resource and referral service 33,421
organizations to make all or any part of the determinations, and 33,422
may contract with child day-care providers or child day-care 33,423
resource and referral service organizations for the providers or 33,424
resource and referral service organizations to collect specified 33,425
information for use by the county department in making 33,426
determinations. If a county department contracts with a child 33,427
day-care provider or a child day-care resource and referral 33,428
service organization for eligibility determinations or for the 33,429
collection of information, the contract shall require the 33,430
provider or resource and referral service organization to make 33,431
each eligibility determination no later than thirty calendar days 33,432
from the date the provider or resource and referral organization 33,433
receives a completed application that is the basis of the 33,434
determination and to collect and transmit all necessary 33,435
information to the county department within a period of time that 33,436
enables the county department to make each eligibility 33,437
determination no later than thirty days after the filing of the 33,438
application that is the basis of the determination. 33,439
The county department may station employees of the 33,441
department in various locations throughout the county and may 33,442
assign employees of the department to hours of employment outside 33,443
the normal working hours of the department to collect information 33,444
relevant to applications for publicly funded child day-care and 33,445
to make eligibility determinations. The county department, child 33,446
day-care provider, and child day-care resource and referral 33,447
service organization shall make each determination of eligibility 33,448
766
for publicly funded child day-care no later than thirty days 33,449
after the filing of the application that is the basis of the 33,450
determination, shall make each determination in accordance with 33,451
any relevant rules adopted pursuant to section 5104.38 of the 33,452
Revised Code, and shall notify promptly each applicant for 33,453
publicly funded child day-care of the results of the 33,454
determination of the applicant's eligibility. 33,455
On or before October 1, 1991, the department of human 33,457
services shall adopt rules in accordance with Chapter 119. of the 33,458
Revised Code for monitoring the eligibility determination 33,459
process. In accordance with those rules, the state department 33,460
shall monitor eligibility determinations made by county 33,461
departments of human services and shall direct any entity that is 33,462
not in compliance with this division or any rule adopted under 33,463
this division to implement corrective action specified by the 33,464
department. 33,465
(2) All eligibility determinations for publicly funded 33,468
child day-care shall be made in accordance with rules adopted by 33,469
the department of human services pursuant to division (A) of 33,470
section 5104.38 of the Revised Code and, if a county department 33,472
of human services specifies, pursuant to rules adopted under 33,473
division (B) of that section, a maximum amount of income a family 33,475
may have to be eligible for publicly funded child day-care, the 33,476
income maximum specified by the county department. Publicly 33,477
funded child day-care may be provided only to eligible infants, 33,478
toddlers, preschool children, and school children under age 33,479
thirteen. For an applicant to be eligible for publicly funded 33,480
child day-care, the caretaker parent must be employed or 33,481
participating in a program of education or training for an amount 33,482
of time reasonably related to the time that the parent's children 33,483
are receiving publicly funded child day-care. This restriction 33,484
does not apply to families whose children are eligible for
protective or special needs day-care. 33,485
Subject to available funds, a county department of human 33,487
767
services shall allow a family to receive publicly funded child 33,489
day-care unless the family's income exceeds the maximum income 33,492
eligibility limit. Initial and continued eligibility for 33,493
publicly funded child day-care is subject to available funds 33,494
unless the family is receiving transitional child day-care as 33,496
provided under this section, participating in the Ohio works 33,497
first program established under Chapter 5107. of the Revised 33,498
Code, or was receiving publicly funded child day-care on October 33,500
1, 1997, and has a family income below one hundred fifty per cent 33,501
of the federal poverty line PURSUANT TO DIVISION (A)(1), (2), 33,502
(3), OR (4) OF SECTION 5104.30 OF THE REVISED CODE. If the 33,503
department must limit eligibility due to lack of available funds, 33,505
it shall give first priority for publicly funded child day-care 33,506
to an assistance group whose income is not more than the maximum 33,507
income eligibility limit that received transitional child 33,509
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 33,510
shall continue to receive priority for publicly funded child 33,511
day-care until its income exceeds the maximum income eligibility 33,513
limit.
(3) An assistance group that ceases to participate in the 33,515
Ohio works first program established under Chapter 5107. of the 33,517
Revised Code is eligible for transitional child day-care at any 33,519
time during the immediately following twelve-month period that 33,520
both of the following apply:
(a) The assistance group requires child day-care due to 33,522
employment; 33,523
(b) The assistance group's income is not more than one 33,525
hundred fifty per cent of the federal poverty line. 33,526
An assistance group ineligible to participate in the Ohio 33,528
works first program pursuant to section 5101.83 or section 33,529
5107.16 of the Revised Code is not eligible for transitional 33,532
child day-care. 33,533
(B) To the extent permitted by federal law, a county 33,535
768
department of human services may require a caretaker parent 33,536
determined to be eligible for publicly funded child day-care to 33,537
pay a fee according to the schedule of fees established in rules 33,538
adopted under section 5104.38 of the Revised Code. Each county 33,539
department shall make protective day-care services available to 33,540
children without regard to the income or assets of the caretaker 33,541
parent of the child. 33,542
(C) A caretaker parent receiving publicly funded child 33,544
day-care shall report to the entity that determined eligibility 33,546
any changes in status with respect to employment or participation 33,547
in a program of education or training.
(D) If a county department of human services determines 33,549
that available resources are not sufficient to provide publicly 33,550
funded child day-care to all eligible families who request it, 33,551
the county department may establish a waiting list. A county 33,552
department may establish separate waiting lists within the 33,553
waiting list based on income. When resources become available to 33,555
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 33,556
assess the needs of the next family scheduled to receive publicly 33,558
funded child day-care. If the assessment demonstrates that the 33,559
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 33,560
family. If the county department determines that the family is 33,561
no longer eligible or no longer needs publicly funded child 33,562
day-care, the county department shall remove the family from the 33,563
waiting list.
(E) As used in this section, "maximum income eligibility 33,566
limit" means the amount of income specified in rules adopted 33,567
under division (A) of section 5104.38 of the Revised Code or, if 33,570
a county department of human services specifies a higher amount 33,571
pursuant to rules adopted under division (B) of that section, the 33,573
amount the county department specifies.
Sec. 5104.341. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 33,576
769
THIS SECTION, BOTH OF THE FOLLOWING APPLY: 33,577
(1) AN ELIGIBILITY DETERMINATION MADE UNDER SECTION 33,579
5104.34 OF THE REVISED CODE FOR PUBLICLY FUNDED CHILD DAY-CARE IS 33,580
VALID FOR ONE YEAR; 33,581
(2) A FEE CHARGED UNDER DIVISION (B) OF SECTION 5104.34 OF 33,583
THE REVISED CODE SHALL NOT BE CHANGED DURING THE ONE-YEAR PERIOD, 33,585
UNLESS A CARETAKER PARENT REQUESTS THAT THE FEE BE REDUCED DUE TO 33,586
CHANGES IN INCOME, FAMILY SIZE, OR BOTH AND THE COUNTY DEPARTMENT 33,587
OF HUMAN SERVICES APPROVES THE REDUCTION.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY IN EITHER 33,590
OF THE FOLLOWING CIRCUMSTANCES: 33,591
(1) THE PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED UNDER 33,593
DIVISION (B)(4) OF SECTION 5104.35 OF THE REVISED CODE; 33,594
(2) THE RECIPIENT OF THE PUBLICLY FUNDED CHILD DAY-CARE 33,596
CEASES TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE. 33,597
Sec. 5104.38. In addition to any other rules adopted under 33,606
this chapter, the department of human services shall adopt rules 33,607
in accordance with Chapter 119. of the Revised Code governing 33,609
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 33,610
(A) Procedures and criteria to be used in making 33,612
determinations of eligibility for publicly funded child day-care 33,613
that give priority to children of families with lower incomes and 33,615
procedures and criteria for eligibility for publicly funded 33,616
protective day-care. The rules shall specify the maximum amount 33,617
of income a family may have for initial and continued 33,618
eligibility. The UNTIL JULY 1, 2000, THE maximum amount shall 33,620
not exceed one hundred eighty-five per cent of the federal 33,621
poverty line. EFFECTIVE JULY 1, 2000, THE MAXIMUM AMOUNT SHALL 33,622
NOT EXCEED TWO HUNDRED PER CENT OF THE FEDERAL POVERTY LINE.
(B) Procedures under which a county department of human 33,624
services may, if the department, under division (A) of this 33,626
section, specifies a maximum amount of income a family may have 33,627
for eligibility for publicly funded child day-care that is less 33,628
770
than one hundred eighty-five per cent of the federal poverty line 33,629
THE MAXIMUM AMOUNT SPECIFIED IN THAT DIVISION, specify a maximum 33,630
amount of income a family residing in the county the county 33,631
department serves may have for initial and continued eligibility 33,632
for publicly funded child day-care that is higher than the amount 33,633
specified by the department but does not exceed one hundred 33,634
eighty-five per cent of the federal poverty line THE MAXIMUM
AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION; 33,635
(C) A schedule of fees requiring all eligible caretaker 33,638
parents to pay a fee for publicly funded child day-care according 33,639
to income and family size, which shall be uniform for all types 33,640
of publicly funded child day-care, except as authorized by rule, 33,641
and, to the extent permitted by federal law, shall permit the use 33,643
of state and federal funds to pay the customary deposits and 33,644
other advance payments that a provider charges all children who 33,645
receive child day-care from that provider;. THE SCHEDULE OF FEES 33,646
MAY NOT PROVIDE FOR A CARETAKER PARENT TO PAY A FEE THAT EXCEEDS 33,647
TEN PER CENT OF THE PARENT'S FAMILY INCOME. 33,648
(D) A formula based upon a percentage of the county's 33,650
total expenditures for publicly funded child day-care for 33,651
determining the maximum amount of state and federal funds 33,652
appropriated for publicly funded child day-care that a county 33,653
department may use for administrative purposes; 33,654
(E) Procedures to be followed by the department and county 33,656
departments in recruiting individuals and groups to become 33,657
providers of child day-care; 33,658
(F) Procedures to be followed in establishing state or 33,660
local programs designed to assist individuals who are eligible 33,661
for publicly funded child day-care in identifying the resources 33,662
available to them and to refer the individuals to appropriate 33,663
sources to obtain child day-care; 33,664
(G) Procedures to deal with fraud and abuse committed by 33,666
either recipients or providers of publicly funded child day-care; 33,667
(H) Procedures for establishing a child day-care grant or 33,669
771
loan program in accordance with the child care block grant act; 33,670
(I) Standards and procedures for applicants to apply for 33,672
grants and loans, and for the department to make grants and 33,673
loans; 33,674
(J) A definition of "person who stands in loco parentis" 33,676
for the purposes of division (HH)(1) of section 5104.01 of the 33,678
Revised Code;
(K) PROCEDURES FOR A COUNTY DEPARTMENT OF HUMAN SERVICES 33,681
TO FOLLOW IN MAKING ELIGIBILITY DETERMINATIONS AND 33,682
REDETERMINATIONS FOR PUBLICLY FUNDED CHILD DAY-CARE AVAILABLE 33,683
THROUGH TELEPHONE, COMPUTER, AND OTHER MEANS AT LOCATIONS OTHER 33,684
THAN THE COUNTY DEPARTMENT;
(L) Any other rules necessary to carry out sections 33,686
5104.30 to 5104.39 of the Revised Code. 33,687
Sec. 5107.02. As used in this chapter: 33,697
(A) "Adult" means an individual who is not a minor child. 33,699
(B) "Assistance group" means a group of individuals 33,701
treated as a unit for purposes of determining eligibility for and 33,702
the amount of assistance provided under Ohio works first. 33,703
(C) "CUSTODIAN" MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTODY, 33,705
AS DEFINED IN SECTION 2151.011 OF THE REVISED CODE, OF A MINOR 33,706
CHILD OR COMPARABLE STATUS OVER A MINOR CHILD CREATED BY A COURT 33,708
OF COMPETENT JURISDICTION IN ANOTHER STATE. 33,709
(D) "GUARDIAN" MEANS AN INDIVIDUAL THAT IS GRANTED 33,711
AUTHORITY BY A PROBATE COURT PURSUANT TO CHAPTER 2111. OF THE 33,712
REVISED CODE, OR A COURT OF COMPETENT JURISDICTION IN ANOTHER 33,713
STATE, TO EXERCISE PARENTAL RIGHTS OVER A MINOR CHILD TO THE 33,714
EXTENT PROVIDED IN THE COURT'S ORDER AND SUBJECT TO RESIDUAL 33,715
PARENTAL RIGHTS OF THE MINOR CHILD'S PARENTS.
(E) "Minor child" means either of the following: 33,717
(1) An individual who has not attained age eighteen; 33,719
(2) An individual who has not attained age nineteen and is 33,722
a full-time student in a secondary school or in the equivalent 33,723
level of vocational or technical training.
772
(D)(F) "Minor head of household" means a minor child who 33,725
is a parent of a child included in the same assistance group that 33,726
does not include an adult. 33,727
(E)(G) "Ohio works first" means the program established by 33,729
this chapter known as temporary assistance for needy families in 33,730
Title IV-A. 33,731
(F)(H) "Payment standard" means the amount specified in 33,733
rules adopted under section 5107.05 of the Revised Code that is 33,735
the maximum amount of cash assistance an assistance group may 33,737
receive under Ohio works first from state and federal funds. 33,738
(G)(I) "Specified relative" means the following 33,740
individuals who are age eighteen or older: 33,741
(1) The following individuals related by blood or 33,743
adoption: 33,744
(a) Grandparents, including grandparents with the prefix 33,747
"great," "great-great," or "great-great-great;";
(b) Siblings; 33,749
(c) Aunts, uncles, nephews, and nieces, including such 33,752
relatives with the prefix "great," "great-great.," "grand," or 33,754
"great-grand;";
(d) First cousins and first cousins once removed. 33,757
(2) Stepparents and stepsiblings; 33,759
(3) Spouses and former spouses of individuals named in 33,762
division (G)(I)(1) or (2) of this section. 33,763
(H)(J) "Title IV-A" or "Title IV-D" mean MEANS Title IV-A 33,766
or Title IV-D of the "Social Security Act," 49 Stat. 620 (1935), 33,768
42 U.S.C. 301, as amended. 33,769
Sec. 5107.05. The department of human services shall adopt 33,779
rules to implement this chapter. The rules shall be consistent 33,780
with Title IV-A, Title IV-D, federal regulations, state law, the 33,781
Title IV-A state plan submitted to the United States secretary of 33,783
health and human services under section 5101.80 of the Revised 33,785
Code, amendments to the plan, and waivers granted by the United 33,787
States secretary. Rules governing eligibility, program 33,788
773
participation, and other applicant and participant requirements 33,789
shall be adopted in accordance with Chapter 119. of the Revised 33,791
Code. Rules governing financial and other administrative 33,792
requirements applicable to the department and county departments 33,793
of human services shall be adopted in accordance with section 33,794
111.15 of the Revised Code. 33,795
(A) The rules shall specify, establish, or govern all of 33,797
the following: 33,798
(1) A payment standard for Ohio works first based on 33,800
federal and state appropriations; 33,801
(2) The method of determining the amount of cash 33,803
assistance an assistance group receives under Ohio works first; 33,804
(3) Requirements for initial and continued eligibility for 33,807
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 33,808
The rules regarding income shall ESTABLISH A GROSS INCOME 33,809
STANDARD AND specify what is countable income, gross earned 33,811
income, and gross unearned income for the purpose of section 33,812
5107.10 of the Revised Code.
(4) For the purpose of section 5107.12 of the Revised 33,815
Code, application and verification procedures, including the 33,816
minimum information an application must contain;. IF THERE ARE 33,817
AT LEAST TWO TELEPHONE NUMBERS AVAILABLE THAT A COUNTY DEPARTMENT 33,818
OF HUMAN SERVICES CAN CALL TO CONTACT MEMBERS OF AN ASSISTANCE 33,819
GROUP, WHICH MAY INCLUDE THE TELEPHONE NUMBER OF AN INDIVIDUAL 33,820
WHO CAN CONTACT AN ASSISTANCE GROUP MEMBER FOR THE COUNTY 33,821
DEPARTMENT, THE MINIMUM INFORMATION SHALL INCLUDE AT LEAST THOSE 33,823
TWO TELEPHONE NUMBERS.
(5) The extent to which a participant of Ohio works first 33,825
must notify, pursuant to section 5107.12 of the Revised Code, a 33,827
county department of human services of additional income not 33,828
previously reported to the county department; 33,829
(6) Requirements for the collection and distribution of 33,831
support payments owed participants of Ohio works first pursuant 33,832
774
to section 5107.20 of the Revised Code; 33,834
(7) For the purpose of section 5107.22 of the Revised 33,837
Code, what constitutes cooperating in establishing a minor 33,838
child's paternity or establishing, modifying, or enforcing a 33,839
child support order and good cause for failure or refusal to 33,840
cooperate. The rule shall be consistent with 42 U.S.C.A. 33,841
654(29). 33,842
(8) The administration of the LEAP program provided for 33,844
under section 5107.30 of the Revised Code; 33,845
(9) Circumstances under which a county department of human 33,847
services may exempt a minor head of household or adult from 33,848
participating in a work activity or developmental activity for 33,849
all or some of the weekly hours otherwise required by section 33,850
5107.43 of the Revised Code. Circumstances shall include that a 33,851
school or place of work is closed due to a holiday or weather or 33,853
other emergency and that an employer grants the minor head of 33,854
household or adult leave for illness or earned vacation.
(10) The maximum amount of time the department will 33,856
subsidize positions created by state agencies and political 33,857
subdivisions under division (C) of section 5107.52 of the Revised 33,859
Code.
(B) The rules may provide that a county department of 33,862
human services is not required to take action under section 33,863
5107.76 of the Revised Code to recover an erroneous payment that 33,865
is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section: 33,874
(1) "Countable income," "gross earned income," and "gross 33,876
unearned income" have the meanings established in rules adopted 33,877
under section 5107.05 of the Revised Code. 33,878
(2) "Gross income" means gross earned income and gross 33,880
unearned income. 33,881
(3) "GROSS INCOME STANDARD" MEANS THE GROSS INCOME 33,884
STANDARD ESTABLISHED BY RULES ADOPTED UNDER SECTION 5107.05 OF 33,885
THE REVISED CODE.
775
(4) "Strike" means continuous concerted action in failing 33,887
to report to duty; willful absence from one's position; or 33,888
stoppage of work in whole from the full, faithful, and proper 33,889
performance of the duties of employment, for the purpose of 33,890
inducing, influencing, or coercing a change in wages, hours, 33,891
terms, and other conditions of employment. "Strike" does not 33,892
include a stoppage of work by employees in good faith because of 33,893
dangerous or unhealthful working conditions at the place of 33,894
employment that are abnormal to the place of employment. 33,895
(B) Under the Ohio works first program, an assistance 33,897
group shall receive, except as otherwise provided by this 33,899
chapter, time-limited cash assistance. In the case of an 33,900
assistance group that includes a minor head of household or 33,901
adult, assistance shall be provided in accordance with the 33,902
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 33,905
assistance group must meet all of the following requirements: 33,906
(1) The assistance group, except as provided in division 33,908
(E) of this section, must include at least one of the following: 33,910
(a) A minor child who, except as provided in section 33,912
5107.24 of the Revised Code, resides with a custodial parent, 33,914
legal guardian, or specified relative caring for the child, OR, 33,915
TO THE EXTENT PERMITTED BY TITLE IV-A, AS DEFINED IN SECTION 33,916
5107.02 OF THE REVISED CODE, AND FEDERAL REGULATIONS ADOPTED 33,919
UNDER TITLE IV-A, RESIDES WITH A GUARDIAN OR CUSTODIAN CARING FOR 33,921
THE CHILD;
(b) A PARENT OR specified relative of a minor child 33,923
receiving supplemental security income under Title XIV of the 33,925
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 33,927
amended, or federal, state, or local foster care or adoption
assistance who resides with and cares for the minor child; 33,928
(c) A woman at least six months pregnant. 33,930
(2) The assistance group must meet the income requirements 33,933
776
established by division (D) of this section. 33,934
(3) No member of the assistance group may be involved in a 33,936
strike.
(4) The assistance group must satisfy the requirements for 33,939
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 33,941
(5) The assistance group must meet requirements for Ohio 33,943
works first established by rules adopted under section 5107.05 of 33,945
the Revised Code. 33,946
(D)(1) Except as provided in division (D)(3) of this 33,948
section, to determine whether an assistance group is initially 33,949
eligible to participate in Ohio works first, a county department 33,951
of human services shall do the following:
(a) Determine whether the assistance group's gross income 33,954
exceeds the following amount: Size of Assistance Group Gross Income 33,957
1 $423 33,959
2 $537 33,960
3 $630 33,961
4 $750 33,962
5 $858 33,963
6 $942 33,964
7 $1,038 33,965
8 $1,139 33,966
9 $1,241 33,967
10 $1,343 33,968
11 $1,440 33,969
12 $1,542 33,970
13 $1,643 33,971
14 $1,742 33,972
15 $1,844 33,973
For each person in the assistance group that brings the 33,976
assistance group to more than fifteen persons, add one hundred 33,977
two dollars to the amount of gross income for an assistance group 33,979
777
of fifteen specified in division (D)(1)(a) of this section GROSS 33,980
INCOME STANDARD. IN
In making this determination, the county department shall 33,983
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 33,985
disregarded. The assistance group is ineligible to participate 33,986
in Ohio works first if the assistance group's gross income, less 33,987
the amounts disregarded, exceeds the amount specified in division 33,988
(D)(1)(a) of this section GROSS INCOME STANDARD. 33,989
(b) If the assistance group's gross income, less the 33,992
amounts disregarded pursuant to division (D)(1)(a) of this 33,994
section, does not exceed the amount specified in that division
GROSS INCOME STANDARD, determine whether the assistance group's 33,997
countable income is less than the payment standard. The
assistance group is ineligible to participate in Ohio works first 33,999
if the assistance group's countable income equals or exceeds the 34,001
payment standard.
(2) To determine whether an assistance group participating 34,004
in Ohio works first continues to be eligible to participate, a 34,005
county department of human services shall determine whether the 34,006
assistance group's countable income continues to be less than the 34,007
payment standard. In making this determination, the county 34,008
department shall disregard the first two hundred fifty dollars 34,009
and fifty per cent of the remainder of the assistance group's 34,010
gross earned income for the first eighteen months after the first 34,011
month the assistance group receives gross earned income while 34,012
participating in Ohio works first. No amounts shall be 34,013
disregarded from the assistance group's gross unearned income. 34,014
The assistance group ceases to be eligible to participate in Ohio 34,015
works first if its countable income, less the amounts 34,016
disregarded, equals or exceeds the payment standard. 34,017
(3) If an assistance group reapplies to participate in 34,019
Ohio works first not more than four months after ceasing to 34,020
participate, a county department of human services shall use the 34,022
778
income requirement established by division (D)(2) of this section 34,023
to determine eligibility for resumed participation rather than 34,024
the income requirement established by division (D)(1) of this 34,026
section.
(E)(1) An assistance group may continue to participate in 34,028
Ohio works first even though a public children services agency 34,029
removes the assistance group's minor children from the assistance 34,031
group's home due to abuse, neglect, or dependency if the agency 34,032
does both of the following:
(a) Notifies the county department of human services at 34,035
the time the agency removes the children that it believes the 34,036
children will be able to return to the assistance group within 34,037
three SIX months;
(b) Informs the county department at the end of both EACH 34,040
of the first two FIVE months after the agency removes the 34,041
children that the parent, legal guardian, CUSTODIAN, or specified 34,043
relative of the children is cooperating with the case plans 34,045
prepared for the children under section 2151.412 of the Revised 34,046
Code and that the agency is making reasonable efforts to return 34,048
the children to the assistance group.
(2) An assistance group may continue to participate in 34,050
Ohio works first pursuant to division (E)(1) of this section for 34,052
not more than three SIX payment months. This division does not 34,053
affect the eligibility of an assistance group that includes a 34,055
woman at least six months pregnant. 34,056
Sec. 5107.11. (A) A SPECIFIED RELATIVE OF A MINOR CHILD 34,058
RESIDING WITH THE MINOR CHILD IS NOT REQUIRED TO BE INCLUDED IN 34,060
THE MINOR CHILD'S ASSISTANCE GROUP. TO THE EXTENT PERMITTED BY 34,061
RULES ADOPTED UNDER SECTION 5107.05 OF THE REVISED CODE GOVERNING 34,062
ASSISTANCE GROUP COMPOSITION REQUIREMENTS AND EXCEPT AS PROVIDED 34,063
IN DIVISION (B) OF THIS SECTION, THE SPECIFIED RELATIVE MAY 34,064
CHOOSE TO BE INCLUDED IN THE MINOR CHILD'S ASSISTANCE GROUP. 34,066
(B) IF A SPECIFIED RELATIVE RESIDES WITH THE SPECIFIED 34,068
RELATIVE'S OWN MINOR CHILD AND ANOTHER MINOR CHILD WHO IS RELATED 34,069
779
TO THE SPECIFIED RELATIVE IN A MANNER THAT MAKES THE SPECIFIED 34,070
RELATIVE A SPECIFIED RELATIVE, THE SPECIFIED RELATIVE SHALL BE, 34,071
TO THE EXTENT PROVIDED BY RULES ADOPTED UNDER SECTION 5107.05 OF 34,072
THE REVISED CODE GOVERNING ASSISTANCE GROUP COMPOSITION 34,073
REQUIREMENTS, A MEMBER OF THE ASSISTANCE GROUP OF THE SPECIFIED 34,075
RELATIVE'S OWN MINOR CHILD BUT MAY NOT BE A MEMBER OF THE OTHER
MINOR CHILD'S ASSISTANCE GROUP. 34,076
(C) A GUARDIAN OR CUSTODIAN MAY NOT BE A MEMBER OF THE 34,078
ASSISTANCE GROUP OF THE MINOR CHILD FOR WHOM THE GUARDIAN OR 34,079
CUSTODIAN IS GUARDIAN OR CUSTODIAN, UNLESS THE GUARDIAN OR 34,080
CUSTODIAN IS A SPECIFIED RELATIVE OF THE MINOR CHILD. 34,081
Sec. 5107.16. (A) If a member of an assistance group 34,091
fails or refuses, without good cause, to comply in full with a 34,092
provision of a self-sufficiency contract entered into under 34,093
section 5107.14 of the Revised Code, a county department OF HUMAN 34,094
SERVICES shall sanction the assistance group as follows: 34,095
(1) For a first failure or refusal, the county department 34,097
shall deny or terminate the assistance group's eligibility to 34,098
participate in Ohio works first for one payment month or until 34,099
the failure or refusal ceases, whichever is longer; 34,100
(2) For a second failure or refusal, the county department 34,103
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until 34,105
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 34,107
county department shall deny or terminate the assistance group's 34,108
eligibility to participate in Ohio works first for six payment 34,109
months or until the failure or refusal ceases, whichever is 34,110
longer. 34,111
(B) Each county department of human services shall 34,114
establish standards for the determination of good cause for 34,115
failure or refusal to comply in full with a provision of a 34,116
self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 34,118
780
a work activity, developmental activity, or alternative work 34,119
activity under sections 5107.40 to 5107.69 of the Revised Code, 34,121
good cause shall include, except as provided in division (B)(2) 34,123
of this section, the following: 34,124
(a) Failure of the county department to place the member 34,127
in an activity;
(b) Failure of the county department to provide for the 34,130
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 34,132
to be necessary. In determining whether good cause exists, a 34,133
county department shall determine that day care is a necessary 34,134
support service if a single custodial parent caring for a minor 34,135
child under age six proves a demonstrated inability, as 34,136
determined by the county department, to obtain needed child care 34,137
for one or more of the following reasons: 34,138
(i) Unavailability of appropriate child care within a 34,141
reasonable distance from the parent's home or work site; 34,142
(ii) Unavailability or unsuitability of informal child 34,145
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 34,148
child care arrangements.
(2) Good cause does not exist if the member of the 34,150
assistance group is placed in a work activity established under 34,152
section 5107.58 of the Revised Code and exhausts the support 34,153
services available for that activity. 34,154
(C) When a state hearing under division (B) of section 34,157
5101.35 of the Revised Code or an administrative appeal under 34,160
division (C) of that section is held regarding a sanction under 34,161
this section, the hearing officer, director of human services, or 34,162
director's designee shall base the decision in the hearing or 34,163
appeal on the county department's standards of good cause for 34,164
failure or refusal to comply in full with a provision of a 34,165
self-sufficiency contract, if the county department provides the 34,166
hearing officer, director, or director's designee a copy of the 34,167
781
county department's good cause standards. 34,168
(D) After sanctioning an assistance group under division 34,171
(A) of this section, a county department of human services shall 34,173
CONTINUE TO WORK WITH THE ASSISTANCE GROUP TO provide the member 34,174
of the assistance group who caused the sanction an opportunity to 34,175
demonstrate to the county department a willingness to cease the 34,176
failure or refusal to comply with the self-sufficiency contract. 34,177
(E)(1) A minor child eligible for medical assistance 34,180
pursuant to division (A)(1)(b) of section 5111.01 of the Revised 34,183
Code who would be eligible to participate in Ohio works first if 34,185
not for a sanction under this section does not lose eligibility 34,186
for medical assistance.
(2) An adult eligible for medical assistance pursuant to 34,188
division (A)(1)(b) of section 5111.01 of the Revised Code who 34,191
would be eligible to participate in Ohio works first if not for a 34,192
sanction under division (A)(1) or (2) of this section does not 34,194
lose eligibility for medical assistance. An adult eligible for 34,195
medical assistance pursuant to division (A)(1)(b) of section 34,197
5111.01 of the Revised Code who is sanctioned under division 34,200
(A)(3) of this section loses eligibility for medical assistance 34,201
unless the adult is otherwise eligible for medical assistance 34,202
pursuant to another division of section 5111.01 of the Revised 34,204
Code. 34,205
(3) An adult eligible for medical assistance pursuant to 34,207
division (A)(1)(a) of section 5111.01 of the Revised Code who is 34,212
sanctioned under division (A)(3) of this section for a failure or 34,214
refusal, without good cause, to comply in full with a provision 34,215
of a self-sufficiency contract related to work responsibilities 34,216
under sections 5107.40 to 5107.69 of the Revised Code loses 34,217
eligibility for medical assistance unless the adult is otherwise 34,218
eligible for medical assistance pursuant to another division of 34,219
section 5111.01 of the Revised Code. 34,221
(F) AN ASSISTANCE GROUP THAT WOULD BE PARTICIPATING IN 34,224
OHIO WORKS FIRST IF NOT FOR A SANCTION UNDER THIS SECTION SHALL
782
CONTINUE TO BE ELIGIBLE FOR ALL OF THE FOLLOWING: 34,225
(1) PUBLICLY FUNDED CHILD DAY-CARE IN ACCORDANCE WITH 34,227
DIVISION (A)(3) OF SECTION 5104.30 OF THE REVISED CODE; 34,228
(2) SUPPORT SERVICES IN ACCORDANCE WITH SECTION 5107.66 OF 34,230
THE REVISED CODE; 34,231
(3) TO THE EXTENT PERMITTED BY THE "FAIR LABOR STANDARDS 34,234
ACT OF 1938," 52 STAT. 1060, 29 U.S.C.A. 201, AS AMENDED, TO 34,235
PARTICIPATE IN WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 34,236
ALTERNATIVE WORK ACTIVITIES IN ACCORDANCE WITH SECTIONS 5107.40
TO 5107.69 OF THE REVISED CODE. 34,237
Sec. 5107.161. BEFORE A COUNTY DEPARTMENT OF HUMAN 34,239
SERVICES SANCTIONS AN ASSISTANCE GROUP UNDER SECTION 5107.16 OF 34,240
THE REVISED CODE, THE COUNTY DEPARTMENT SHALL PROVIDE THE 34,242
ASSISTANCE GROUP WRITTEN NOTICE OF THE SANCTION. THE WRITTEN
NOTICE SHALL INCLUDE A PROVISION PRINTED IN BOLD TYPE FACE THAT 34,243
INFORMS THE ASSISTANCE GROUP THAT IT MAY REQUEST A FACE-TO-FACE 34,244
MEETING WITH THE COUNTY DEPARTMENT NOT LATER THAN TEN DAYS AFTER 34,245
RECEIVING THE WRITTEN NOTICE TO EXPLAIN WHY THE ASSISTANCE GROUP 34,246
BELIEVES IT SHOULD NOT BE SANCTIONED. THE WRITTEN NOTICE SHALL 34,247
INCLUDE THE TELEPHONE NUMBERS OF THE ASSISTANCE GROUP'S 34,248
CASEWORKER AND OF AN OHIO WORKS FIRST OMBUDSPERSON PROVIDED FOR 34,249
UNDER SECTION 329.07 OF THE REVISED CODE WHO THE ASSISTANCE GROUP 34,250
MAY CALL IF UNABLE TO CONTACT THE CASEWORKER AND THE TOLL-FREE 34,253
TELEPHONE NUMBER OF THE STATE DEPARTMENT OF HUMAN SERVICES. 34,255
Sec. 5107.17. AN ASSISTANCE GROUP THAT RESUMES 34,257
PARTICIPATION IN OHIO WORKS FIRST FOLLOWING A SANCTION UNDER 34,259
SECTION 5107.16 OF THE REVISED CODE IS NOT REQUIRED TO DO EITHER 34,260
OF THE FOLLOWING:
(A) REAPPLY UNDER SECTION 5107.12 OF THE REVISED CODE, 34,263
UNLESS IT IS THE ASSISTANCE GROUP'S REGULARLY SCHEDULED TIME FOR 34,264
AN ELIGIBILITY REDETERMINATION; 34,265
(B) ENTER INTO A NEW SELF-SUFFICIENCY CONTRACT UNDER 34,267
SECTION 5107.14 OF THE REVISED CODE, UNLESS THE COUNTY DEPARTMENT 34,268
DETERMINES IT IS TIME FOR A NEW APPRAISAL UNDER SECTION 5107.41 34,269
783
OF THE REVISED CODE OR THE ASSISTANCE GROUP'S CIRCUMSTANCES HAVE 34,270
CHANGED IN A MANNER NECESSITATING AN AMENDMENT TO THE 34,271
SELF-SUFFICIENCY CONTRACT AS DETERMINED USING PROCEDURES INCLUDED 34,272
IN THE CONTRACT UNDER DIVISION (I) OF SECTION 5107.14 OF THE 34,274
REVISED CODE. 34,275
Sec. 5107.18. (A) Except as provided in divisions (B), 34,284
(C), (D), and (E) of this section, an assistance group is 34,286
ineligible to participate in Ohio works first if the assistance 34,287
group includes an adult who has participated in the program for
thirty-six months. The time limit applies regardless of whether 34,288
the thirty-six months are consecutive. 34,289
(B) An assistance group that has ceased to participate in 34,292
Ohio works first pursuant to division (A) of this section for at 34,294
least twenty-four months may reapply to participate in the 34,295
program if good cause exists as determined by the county 34,296
department of human services. Good cause may include losing 34,297
employment, inability to find employment, divorce, domestic 34,298
violence considerations, and unique personal circumstances. The 34,299
assistance group must provide a county department of human 34,300
services verification acceptable to the county department of 34,301
whether any members of the assistance group had employment during 34,302
the period the assistance group was not participating in Ohio 34,303
works first and the amount and sources of the assistance group's 34,304
income during that period. If a county department is satisfied 34,305
that good cause exists for the assistance group to reapply to 34,306
participate in Ohio works first, the assistance group may 34,307
reapply. Except as provided in divisions (C), (D), and (E) of 34,309
this section, the assistance group may not participate in Ohio 34,310
works first for more than twenty-four additional months. The 34,311
time limit applies regardless of whether the twenty-four months 34,312
are consecutive.
(C) In determining the number of months a parent or 34,315
pregnant woman has received assistance under Title IV-A, a county 34,319
department of human services shall disregard any month during 34,320
784
which the parent or pregnant woman was a minor child but was 34,321
neither a minor head of household nor married to the head of an 34,322
assistance group.
(D) In determining the number of months an adult has 34,325
received assistance under Title IV-A, a county department of 34,329
human services shall disregard any month during which the adult 34,330
lived on an Indian reservation or in an Alaska native village, as 34,332
those terms are used in 42 U.S.C.A. 608(a)(7)(D), if, during the 34,336
month, at least one thousand individuals lived on the reservation 34,337
or in the village and at least fifty per cent of the adults 34,338
living on the reservation or in the village were unemployed. 34,339
(E) A county department of human services may exempt not 34,342
more than twenty per cent of the average monthly number of Ohio 34,344
works first participants from the time limit established by this 34,345
section on the grounds that the county department determines that 34,346
the time limit is a hardship. In the case of the time limit 34,347
established by division (A) of this section, a county department 34,348
may not exempt an assistance group until the group has exhausted 34,349
its thirty-six months of cash assistance. 34,350
(F) The state department of human services shall 34,352
continually monitor the percentage of the average monthly number 34,353
of Ohio works first participants in each county that is exempted 34,355
under division (E) of this section from the time limit 34,356
established by this section. On determining that the percentage 34,358
in any county equals or exceeds eighteen per cent, the state
department shall immediately notify the county department of 34,359
human services. 34,360
(G) Only participation in Ohio works first on or after 34,362
October 1, 1997, applies to the time limit established by this 34,364
section. The time limit applies regardless of the source of 34,365
funding for the program. Assistance under Title IV-A provided by 34,368
any state applies to the time limit. The time limit is a 34,369
lifetime limit. No assistance group shall receive assistance 34,370
under the program in violation of the time limit for assistance 34,371
785
under Title IV-A established by section 408(a)(7) of the "Social 34,374
Security Act," as amended by the "Personal Responsibility and 34,375
Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 34,377
U.S.C.A. 608(a)(7). 34,378
Sec. 5107.22. As used in this section, "caretaker" means 34,388
the parent of a minor child or a relative acting in the parent's 34,390
place. Unless 34,391
UNLESS good cause for failure or refusal exists as 34,393
determined pursuant to rules adopted under section 5107.05 of the 34,395
Revised Code, the caretaker of a minor child shall cooperate, if 34,397
the caretaker is a member of the child's assistance group, in 34,398
establishing the child's paternity and establishing, modifying, 34,399
and enforcing a support order for the child. The child support 34,400
enforcement agency with responsibility for administering the 34,401
assistance group's paternity and support order requirements shall 34,403
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 34,404
available to the caretaker to verify the identity of the minor 34,405
child's father and establish, modify, and enforce a support 34,406
order.
A child support enforcement agency shall notify the county 34,409
department of human services serving the county in which a 34,410
caretaker resides if the agency determines that the caretaker has 34,411
failed or refused to cooperate under this section without good 34,412
cause and the caretaker is a member of an assistance group 34,413
participating in Ohio works first. 34,414
Sec. 5107.24. (A) As used in this section: 34,423
(1) "Adult-supervised living arrangement" means a family 34,425
setting approved, licensed, or certified by the department of 34,427
human services, the department of mental health, the department 34,428
of mental retardation and developmental disabilities, the 34,429
department of youth services, a public children services agency, 34,430
a private child placing agency, or a private noncustodial agency 34,431
that is maintained by a person age eighteen or older who assumes 34,432
786
responsibility for the care and control of a minor parent, 34,433
pregnant minor, or child of a minor parent or provides the minor 34,434
parent, pregnant minor, or child of a minor parent supportive 34,435
services, including counseling, guidance, and supervision. 34,436
"Adult-supervised living arrangement" does not mean a public 34,437
institution. 34,438
(2) "Child of a minor parent" means a child born to a 34,441
minor parent, except that the child ceases to be considered a 34,442
child of a minor parent when the minor parent attains age 34,443
eighteen.
(3) "Minor parent" means a parent who is under age 34,445
eighteen and is not married. 34,447
(4) "Pregnant minor" means a pregnant person who is under 34,449
age eighteen and not married. 34,451
(B)(1) Except as provided in division (B)(2) of this 34,454
section AND TO THE EXTENT PERMITTED BY TITLE IV-A, AS DEFINED IN 34,455
SECTION 5107.02 OF THE REVISED CODE, AND FEDERAL REGULATIONS 34,457
ADOPTED UNDER TITLE IV-A, a pregnant minor, minor parent, or 34,458
child of a minor parent must reside in a place of residence 34,459
maintained by a parent, legal guardian, CUSTODIAN, or specified 34,461
relative of the pregnant minor or minor parent as the parent's, 34,462
guardian's, CUSTODIAN'S, or specified relative's own home to be 34,464
eligible to participate in Ohio works first. 34,465
(2) A TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL 34,469
REGULATIONS ADOPTED UNDER IT, A pregnant minor, minor parent, or 34,470
child of a minor parent is exempt from the requirement of 34,471
division (B)(1) of this section if any of the following apply: 34,472
(a) The minor parent or pregnant minor does not have a 34,474
parent, legal guardian, CUSTODIAN, or specified relative living 34,477
or whose whereabouts are known.
(b) No parent, legal guardian, CUSTODIAN, or specified 34,480
relative of the minor parent or pregnant minor will allow the 34,482
pregnant minor, minor parent, or minor parent's child to live in 34,483
the parent's, legal guardian's, CUSTODIAN'S or specified 34,484
787
relative's home. 34,485
(c) The department of human services, a county department 34,487
of human services, or a public children services agency 34,489
determines that the physical or emotional health or safety of the 34,490
pregnant minor, minor parent, or minor parent's child would be in 34,491
jeopardy if the pregnant minor, minor parent, or minor parent's 34,492
child lived in the same home as the parent, legal guardian, 34,493
CUSTODIAN, or specified relative. 34,495
(d) The department of human services, a county department 34,498
of human services, or a public children services agency otherwise 34,499
determines that it is in the best interest of the pregnant minor, 34,501
minor parent, or minor parent's child to waive the requirement of 34,502
division (B)(1) of this section.
(C) A pregnant minor, minor parent, or child of a minor 34,504
parent exempt from the requirement of division (B)(1) of this 34,506
section must reside in an adult-supervised living arrangement to 34,507
be eligible to participate in Ohio works first.
(D) The department of human services, whenever possible 34,509
AND TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL REGULATIONS 34,510
ADOPTED UNDER IT, shall provide cash assistance under Ohio works 34,513
first to the parent, legal guardian, CUSTODIAN, or specified 34,514
relative of a pregnant minor or minor parent on behalf of the 34,515
pregnant minor, minor parent, or minor parent's child. 34,516
Sec. 5107.26. (A) As used in this section: 34,525
(1) "Transitional child day-care" means publicly funded 34,528
child day-care provided under division (A)(3) of section 5104.34 34,530
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 34,533
provided under section 5111.023 of the Revised Code. 34,534
(B) Except as provided in division (C) of this section, 34,536
each member of an assistance group participating in Ohio works 34,537
first is ineligible to participate in the program for six payment 34,540
months if a county department of human services determines that a 34,542
member of the assistance group terminated the member's employment 34,544
788
and each person who, ON THE DAY PRIOR TO THE DAY A RECIPIENT 34,545
BEGINS TO RECEIVE TRANSITIONAL CHILD DAY-CARE OR TRANSITIONAL
MEDICAID, was a member of the RECIPIENT'S assistance group of a 34,547
recipient of transitional child day-care or transitional medicaid 34,548
on the day prior to the day the recipient begins to receive 34,549
transitional child day-care or transitional medicaid is 34,550
ineligible to participate in Ohio works first for six payment 34,552
months if a county department determines that the recipient 34,554
terminated the recipient's employment. 34,556
(C) No assistance group member shall lose or be denied 34,559
eligibility to participate in Ohio works first pursuant to 34,561
division (B) of this section if THE TERMINATION OF EMPLOYMENT WAS 34,562
BECAUSE AN ASSISTANCE GROUP MEMBER OR RECIPIENT OF TRANSITIONAL 34,563
CHILD DAY-CARE OR TRANSITIONAL MEDICAID SECURED COMPARABLE OR 34,564
BETTER EMPLOYMENT OR the county department of human services 34,566
certifies that the assistance group member who OR RECIPIENT 34,568
terminated THE employment did so with just cause. 34,569
Just cause includes the following: 34,571
(1) Discrimination by an employer based on age, race, sex, 34,574
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 34,576
employment unreasonable, such as working without being paid on 34,577
schedule; 34,578
(3) Employment that has become unsuitable due to any of 34,580
the following: 34,581
(a) The wage is less than the federal minimum wage; 34,583
(b) The work is at a site subject to a strike or lockout, 34,586
unless the strike has been enjoined under section 208 of the 34,587
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 34,588
U.S.C.A. 178, as amended, an injunction has been issued under 34,590
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 34,592
U.S.C.A. 160, as amended, or an injunction has been issued under 34,593
section 4117.16 of the Revised Code; 34,594
(c) The documented degree of risk to the assistance group 34,597
789
member's MEMBER OR RECIPIENT'S health and safety is unreasonable; 34,599
(d) The assistance group member OR RECIPIENT is physically 34,601
or mentally unfit to perform the employment, as documented by 34,602
medical evidence or by reliable information from other sources. 34,604
(4) Documented illness of the assistance group member OR 34,607
RECIPIENT or of another assistance group member OF THE MEMBER OR 34,609
RECIPIENT requiring the presence of the assistance group member 34,610
OR RECIPIENT;
(5) A documented household emergency; 34,612
(6) Lack of adequate child care for children of the 34,614
assistance group member OR RECIPIENT who are under six years of 34,615
age. 34,616
Sec. 5107.28. (A) As used in this section and in sections 34,625
5107.281 to 5107.287 of the Revised Code: 34,627
(1) "Cash assistance payment" means the monthly amount an 34,629
assistance group is eligible to receive under Ohio works first. 34,630
(2) "Parent" means the parent, legal guardian, CUSTODIAN, 34,633
or specified relative with charge or care of a learnfare 34,634
participant.
(3) "Participating student" means a participant of Ohio 34,636
works first who is subject to the school attendance requirement 34,638
of the learnfare program as determined under section 5107.281 of 34,639
the Revised Code.
(B) The state department of human services shall establish 34,643
the learnfare program. The board of county commissioners of any 34,644
county may choose to have the county participate in the learnfare 34,645
program. The county department of human services of each 34,646
participating county shall administer the program in accordance 34,648
with sections 5107.28 to 5107.287 of the Revised Code and 34,649
policies the county department establishes for the program. 34,650
(C) The program shall provide for reduction in the cash 34,653
assistance payment to the assistance group of a participating 34,654
student if the student fails to comply with the program's school 34,656
attendance requirement two or more times during a school year. 34,657
790
(D) The program may provide for an incentive to encourage 34,660
a parent or, if a participating student is eighteen or nineteen 34,662
years of age, the student to consent to the release of the 34,663
participating student's school attendance records and the 34,665
participating student to comply with the program's school 34,666
attendance requirement. 34,667
Sec. 5107.541. A county department of human services may 34,676
contract with the chief administrator of a nonpublic school or 34,677
with any school district board of education that has adopted a 34,678
resolution under section 3319.089 of the Revised Code to provide 34,679
for a participant of the work experience program who has a minor 34,681
child enrolled in the nonpublic school or a public school in the 34,682
district to be assigned under the work experience program to 34,683
volunteer or work for compensation at the school in which the 34,684
child is enrolled. Unless it is not possible or practical, a 34,685
contract shall provide for a participant to volunteer or work at 34,686
the school as a classroom aide. If that is impossible or 34,687
impractical, the contract may provide for the participant to 34,689
volunteer to work in another position at the school. A contract 34,690
may provide for the nonpublic school or board of education to 34,691
receive funding to pay for coordinating, training, and 34,693
supervising participants volunteering or working in schools. 34,694
Notwithstanding section 3319.088 of the Revised Code, a 34,696
participant volunteering or working as a classroom aide under 34,697
this section is not required to obtain an educational aide permit 34,699
or paraprofessional license. The participant shall not be 34,700
considered an employee of a political subdivision for purposes of 34,701
Chapter 2744. of the Revised Code and is not entitled to any 34,703
immunity or defense available under that chapter, the common law
of this state, or section 9.86 of the Revised Code. 34,704
An assignment under this section shall include attending 34,707
academic home enrichment classes that provide instruction for
parents in creating a home environment that prepares and enables 34,709
children to learn at school.
791
Sec. 5107.60. In accordance with Title IV-A, federal 34,719
regulations, state law, the Title IV-A state plan prepared under 34,721
section 5101.80 of the Revised Code, and amendments to the plan, 34,722
county departments of human services shall establish and 34,723
administer the following work activities, in addition to the work 34,724
activities established under sections 5107.50, 5107.52, 5107.54, 34,725
and 5107.58 of the Revised Code, for minor heads of households 34,728
and adults participating in Ohio works first:
(A) Unsubsidized employment activities, including 34,731
activities a county department determines are legitimate 34,732
entrepreneurial activities;
(B) On-the-job training activities, including training to 34,735
become an employee of a child day-care center or type A family 34,737
day-care home, authorized provider of a certified type B family 34,738
day-care home, or in-home aide; 34,739
(C) Community service activities including a program under 34,743
which a participant of Ohio works first who is the parent, legal 34,744
guardian, CUSTODIAN, or specified relative responsible for the 34,745
care of a minor child enrolled in grade twelve or lower is 34,746
involved in the minor child's education on a regular basis.; 34,747
(D) Vocational educational training activities; 34,749
(E) Jobs skills training activities that are directly 34,752
related to employment;
(F) Education activities that are directly related to 34,755
employment for participants who have not earned a high school 34,756
diploma or high school equivalence diploma; 34,757
(G) Education activities for participants who have not 34,760
completed secondary school or received a high school equivalence 34,761
diploma under which the participants attend a secondary school or 34,762
a course of study leading to a high school equivalence diploma; 34,763
(H) Child-care service activities aiding another 34,766
participant assigned to a community service activity or other 34,767
work activity. A county department may provide for a participant 34,769
assigned to this work activity to receive training necessary to
792
provide child-care services. 34,770
Sec. 5107.61. SERVICE AS AN OHIO WORKS FIRST OMBUDSPERSON 34,772
PURSUANT TO SECTION 329.07 OF THE REVISED CODE MAY BE AN 34,773
ASSIGNMENT UNDER THE WORK EXPERIENCE PROGRAM OR A WORK ACTIVITY 34,774
ESTABLISHED UNDER SECTION 5107.60 OF THE REVISED CODE TO WHICH A 34,776
PARTICIPANT OF OHIO WORKS FIRST IS ASSIGNED UNDER SECTION 5107.42 34,777
OF THE REVISED CODE.
Sec. 5107.72. Each county department of human services 34,786
shall refer a parent participating in Ohio works first whose 34,788
minor child is a member of the parent's assistance group to any 34,789
private or public agency, medical doctor, clinic, or other person 34,791
or organization which can advise the parent on methods of 34,793
controlling the size and spacing of the parent's family,
consistent with the parent's religious and moral views. A county 34,796
department shall document each referral it makes under this 34,798
section.
Sec. 5108.06. Under the prevention, retention, and 34,807
contingency program, an assistance group that includes at least 34,808
one minor child OR A PREGNANT WOMAN and meets the program's 34,809
eligibility requirements shall receive assistance or services 34,811
needed to overcome immediate barriers to achieving or maintaining 34,812
self sufficiency and personal responsibility. 34,813
Sec. 5111.01. As used in this chapter, "medical assistance 34,823
program" or "medicaid" means the program that is authorized by 34,825
this section and provided by the department of human services 34,827
under this chapter, Title XIX of the "Social Security Act," 49 34,828
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the waivers of 34,829
Title XIX requirements granted to the department by the health 34,832
care financing administration of the United States department of 34,834
health and human services. 34,835
(A) The department of human services may provide medical 34,837
assistance under the medicaid program as long as federal funds 34,839
are provided for such assistance, to the following:
(1) Families with children that meet either of the 34,842
793
following conditions: 34,843
(a) The family meets the income, resource, and family 34,846
composition requirements in effect on July 16, 1996, for the 34,847
former aid to dependent children program as those requirements 34,848
were established by Chapter 5107. of the Revised Code, federal 34,851
waivers granted pursuant to requests made under former section 34,852
5101.09 of the Revised Code, and rules adopted by the department. 34,855
An adult loses eligibility for medical assistance under division 34,856
(A)(1)(a) of this section pursuant to division (E)(3) of section 34,859
5107.16 of the Revised Code. 34,861
(b) The family does not meet the requirements specified in 34,864
division (A)(1)(a) of this section but is participating in the 34,867
Ohio works first program established under Chapter 5107. of the 34,868
Revised Code or is eligible for medical assistance pursuant to 34,869
section 5101.18 or division (E)(1) or (2) of section 5107.16 of 34,871
the Revised Code despite being ineligible to participate in Ohio 34,873
works first. 34,874
(2) Aged, blind, and disabled persons who meet the 34,876
following conditions: 34,877
(a) Receive federal aid under Title XVI of the "Social 34,879
Security Act," or are eligible for but are not receiving such 34,880
aid, provided that the income from all other sources for 34,881
individuals with independent living arrangements shall not exceed 34,882
one hundred seventy-five dollars per month. The income standards 34,883
hereby established shall be adjusted annually at the rate that is 34,884
used by the United States department of health and human services 34,886
to adjust the amounts payable under Title XVI. 34,887
(b) Do not receive aid under Title XVI, but meet any of 34,889
the following criteria: 34,890
(i) Would be eligible to receive such aid, except that 34,892
their income, other than that excluded from consideration as 34,893
income under Title XVI, exceeds the maximum under division 34,894
(A)(2)(a) of this section, and incurred expenses for medical 34,895
care, as determined under federal regulations applicable to 34,896
794
section 209(b) of the "Social Security Amendments of 1972," 86 34,897
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 34,898
amount by which their income exceeds the maximum under division 34,899
(A)(2)(a) of this section; 34,900
(ii) Received aid for the aged, aid to the blind, or aid 34,902
for the permanently and totally disabled prior to January 1, 34,903
1974, and continue to meet all the same eligibility requirements; 34,904
(iii) Are eligible for medical assistance pursuant to 34,906
section 5101.18 of the Revised Code. 34,907
(3) Persons to whom federal law requires, as a condition 34,909
of state participation in the medicaid program, that medical 34,910
assistance be provided; 34,911
(4) Persons under age twenty-one who meet the income 34,913
requirements for the Ohio works first program established under 34,914
Chapter 5107. of the Revised Code but do not meet other 34,916
eligibility requirements for the program. The department shall 34,918
adopt rules in accordance with Chapter 119. of the Revised Code 34,919
specifying which Ohio works first requirements shall be waived 34,921
for the purpose of providing medicaid eligibility under division 34,923
(A)(4) of this section.
(B) If funds are appropriated for such purpose by the 34,925
general assembly, the department may provide medical assistance 34,926
to persons in groups designated by federal law as groups to which 34,928
a state, at its option, may provide medical assistance under the 34,929
medicaid program.
(C) The department may expand eligibility for medical 34,932
assistance to include individuals under age nineteen with family 34,933
incomes at or below one hundred fifty per cent of the federal 34,934
poverty guideline guidelines, except that the eligibility 34,935
expansion shall not occur unless the department receives the 34,936
approval of the federal government. The department may implement 34,937
the eligibility expansion authorized under this division on any 34,938
date selected by the department, but not sooner than January 1, 34,939
1998. 34,940
795
(D) In addition to any other authority or requirement to 34,943
adopt rules under this chapter, the department may adopt rules in 34,944
accordance with section 111.15 of the Revised Code as it 34,946
considers necessary to establish standards, procedures, and other 34,947
requirements regarding the provision of medical assistance. The 34,948
rules may establish requirements to be followed in applying for 34,949
medical assistance, making determinations of eligibility for 34,950
medical assistance, and verifying eligibility for medical 34,951
assistance. The rules may include special conditions as the 34,952
department determines appropriate for making applications, 34,953
determining eligibility, and verifying eligibility for any 34,954
medical assistance that the department may provide pursuant to 34,955
division (C) of this section AND SECTION 5111.014 OF THE REVISED 34,956
CODE.
Sec. 5111.014. (A) THE DIRECTOR OF HUMAN SERVICES SHALL 34,958
SUBMIT TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 34,959
SERVICES AN AMENDMENT TO THE STATE MEDICAID PLAN TO MAKE AN 34,960
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS ELIGIBLE 34,961
FOR MEDICAID:
(1) THE INDIVIDUAL IS THE PARENT OF A CHILD UNDER NINETEEN 34,963
YEARS OF AGE AND RESIDES WITH THE CHILD OR PREGNANT; 34,964
(2) IN THE CASE OF A PARENT, THE INDIVIDUAL IS EMPLOYED; 34,966
(3) THE INDIVIDUAL'S FAMILY INCOME DOES NOT EXCEED ONE 34,968
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY GUIDELINES, IN THE 34,969
CASE OF A PREGNANT INDIVIDUAL, OR ONE HUNDRED PER CENT OF THE 34,970
FEDERAL POVERTY GUIDELINES, IN THE CASE OF A PARENT OTHER THAN A 34,971
PARENT WHO IS PREGNANT;
(4) THE INDIVIDUAL SATISFIES ALL RELEVANT REQUIREMENTS 34,973
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF SECTION 34,974
5111.01 OF THE REVISED CODE.
(B) IF APPROVED BY THE UNITED STATES SECRETARY OF HEALTH 34,977
AND HUMAN SERVICES, THE DIRECTOR OF HUMAN SERVICES SHALL
IMPLEMENT THE MEDICAID PLAN AMENDMENT SUBMITTED UNDER DIVISION 34,978
(A) OF THIS SECTION AS SOON AS POSSIBLE AFTER RECEIPT OF NOTICE 34,979
796
OF THE APPROVAL, BUT NOT SOONER THAN JANUARY 1, 2000. 34,980
Sec. 5111.022. (A) The state plan for providing medical 34,989
assistance under Title XIX of the "Social Security Act," 49 Stat. 34,990
620, 42 U.S.C.A. 301, as amended, shall include provision of the 34,991
following mental health services when provided by facilities 34,992
described in division (B) of this section: 34,993
(1) Outpatient mental health services, including, but not 34,995
limited to, preventive, diagnostic, therapeutic, rehabilitative, 34,996
and palliative interventions rendered to individuals in an 34,997
individual or group setting by a mental health professional in 34,998
accordance with a plan of treatment appropriately established, 34,999
monitored, and reviewed; 35,000
(2) Partial-hospitalization mental health services of 35,002
three to fourteen hours per service day, rendered by persons 35,003
directly supervised by a mental health professional; 35,004
(3) Unscheduled, emergency mental health services of a 35,006
kind ordinarily provided to persons in crisis when rendered by 35,007
persons supervised by a mental health professional. 35,008
(B) Services shall be included in the state plan only when 35,010
provided by community mental health facilities that have quality 35,011
assurance programs accredited by the joint commission on 35,012
accreditation of healthcare organizations or certified by the 35,013
department of mental health or department of human services. 35,014
(C) The comprehensive annual plan shall certify the 35,016
availability of sufficient unencumbered community mental health 35,017
state subsidy and local funds to match Title XIX reimbursement 35,018
funds earned by the facilities. Reimbursement for eligible 35,019
services shall be based on the prospective cost of providing the 35,020
services as developed in standards adopted as part of the 35,021
comprehensive annual plan. 35,022
(D) As used in this section, "mental health professional" 35,024
means a person qualified to work with mentally ill persons under 35,025
the minimum standards established by the director of mental 35,026
health pursuant to section 5119.61 of the Revised Code. 35,027
797
(E) With respect to services established by division (A) 35,029
of this section, the department of human services shall enter 35,030
into a separate contract with the department of mental health. 35,031
The terms of the contract between the department of human 35,032
services and the department of mental health shall specify that 35,033
BOTH OF THE FOLLOWING: 35,034
(1) THAT the department of mental health and boards of 35,036
alcohol, drug addiction, and mental health services shall provide 35,037
state and local matching funds for Title XIX of the "Social 35,038
Security Act" for reimbursement of services established by 35,039
division (A) of this section; 35,040
(2) HOW THE COMMUNITY MENTAL HEALTH FACILITIES DESCRIBED 35,042
IN DIVISION (B) OF THIS SECTION WILL BE PAID FOR PROVIDING THE 35,043
SERVICES ESTABLISHED BY DIVISION (A) OF THIS SECTION. 35,044
Sec. 5111.025. (A) EFFECTIVE JULY 1, 2001, AND THE FIRST 35,047
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 35,048
SHALL ADJUST THE RATE IT REIMBURSES MEDICAL PROVIDERS SPECIFIED 35,049
IN RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION FOR MEDICAL 35,050
SERVICES RENDERED UNDER THE MEDICAL ASSISTANCE PROGRAM. THE 35,051
DEPARTMENT SHALL ADJUST THE RATE BY THE PERCENTAGE INCREASE IN 35,053
THE GROSS DOMESTIC PRODUCT DEFLATOR FOR THE PRECEDING CALENDAR 35,055
YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE 35,056
UNITED STATES DEPARTMENT OF COMMERCE.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 35,058
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 35,060
EFFICIENT ADMINISTRATION OF THIS SECTION. THE RULES SHALL 35,061
ESTABLISH A LIST SPECIFYING THE MEDICAL PROVIDERS THAT WILL 35,062
RECEIVE THE ADJUSTED RATE OF REIMBURSEMENT. THE DEPARTMENT SHALL 35,064
INCLUDE IN THE LIST AT LEAST PHYSICIANS, DENTISTS, AND AMBULANCE 35,065
SERVICE PROVIDERS. THE DEPARTMENT SHALL EXCLUDE FROM THE LIST 35,066
NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE MENTALLY 35,067
RETARDED, HOSPITALS, AND MANAGED CARE ORGANIZATIONS. 35,068
(C) THIS SECTION DOES NOT AFFECT SECTIONS 5111.20 TO 35,070
5111.32 OF THE REVISED CODE OR PRECLUDE THE DEPARTMENT OF HUMAN 35,071
798
SERVICES FROM ADJUSTING THE RATE IT REIMBURSES HOSPITALS AND 35,072
MANAGED CARE ORGANIZATIONS FOR MEDICAL SERVICES RENDERED UNDER 35,073
THE MEDICAL ASSISTANCE PROGRAM IN A MANNER DIFFERENT FROM THE 35,074
METHOD OF ADJUSTMENT ESTABLISHED BY DIVISION (A) OF THIS SECTION. 35,075
Sec. 5111.026. (A) ON OR BEFORE THE THIRTY-FIRST DAY OF 35,078
DECEMBER OF THE YEAR 2000, AND EACH EVEN-NUMBERED YEAR
THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE AND 35,079
PREPARE A SURVEY THAT INCLUDES ALL OF THE FOLLOWING: 35,080
(1) AN EXAMINATION OF ACCESS BY RECIPIENTS OF MEDICAL 35,082
ASSISTANCE TO PROVIDERS WHO ARE AUTHORIZED UNDER CHAPTER 4731. OF 35,083
THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC 35,085
MEDICINE AND SURGERY, OR PODIATRY OR UNDER CHAPTER 4725. OF THE 35,086
REVISED CODE TO PRACTICE DENTISTRY; 35,088
(2) THE EFFECT OF RATES AND METHODS OF REIMBURSEMENT IN 35,090
THE MEDICAL ASSISTANCE PROGRAM ON PARTICIPATION IN THE PROGRAM BY 35,091
PROVIDERS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION; 35,092
(3) A COMPARISON OF THE RATES OF REIMBURSEMENT FOR 35,094
SERVICES PROVIDED UNDER THE MEDICAL ASSISTANCE PROGRAM AND 35,095
EQUIVALENT SERVICES PROVIDED IN THE PRIVATE SECTOR BY PROVIDERS 35,096
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION. 35,097
THE RESULTS OF EACH SURVEY REQUIRED UNDER THIS SECTION 35,099
SHALL BE SUBMITTED TO THE GOVERNOR, SPEAKER AND MINORITY LEADER 35,100
OF THE HOUSE OF REPRESENTATIVES, AND PRESIDENT AND MINORITY 35,101
LEADER OF THE SENATE. 35,102
(B) TO MEET THE REQUIREMENTS OF DIVISION (A) OF THIS 35,104
SECTION, THE DEPARTMENT SHALL USE A SURVEY FORMAT AND QUESTIONS 35,106
RECOMMENDED BY A COMMITTEE APPOINTED BY THE DEPARTMENT. 35,107
Sec. 5111.173. (A) THERE IS HEREBY CREATED THE MEDICAID 35,109
MANAGED CARE STUDY COMMITTEE TO EXAMINE THE MEDICAID MANAGED CARE 35,110
PROGRAM ESTABLISHED BY SECTION 5111.17 OF THE REVISED CODE. THE 35,111
COMMITTEE SHALL REVIEW THE STATUS OF THE PROGRAM AND MAY STUDY 35,112
THE FOLLOWING: CONSUMER ACCESS AND SATISFACTION, REIMBURSEMENT 35,113
ISSUES, RECENT TRENDS IN THE MEDICAID MANAGED CARE MARKET, 35,114
ALTERNATIVE MANAGED CARE DELIVERY MODELS, AND FUTURE PLANS AND 35,115
799
RECOMMENDATIONS FOR THE PROGRAM. 35,116
(B) MEMBERSHIP OF THE STUDY COMMITTEE SHALL INCLUDE: 35,118
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 35,120
OF THE SENATE, ONE FROM THE MAJORITY PARTY AND ONE FROM THE 35,121
MINORITY PARTY; 35,122
(2) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED 35,124
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE FROM THE 35,125
MAJORITY PARTY AND ONE FROM THE MINORITY PARTY; 35,126
(3) THE FOLLOWING MEMBERS JOINTLY APPOINTED BY THE 35,128
GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE 35,129
PRESIDENT OF THE SENATE: 35,130
(a) ONE REPRESENTATIVE OF THE GOVERNOR'S OFFICE; 35,132
(b) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF HUMAN 35,134
SERVICES;
(c) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF 35,136
INSURANCE;
(d) ONE REPRESENTATIVE OF THE OFFICE OF BUDGET AND 35,138
MANAGEMENT;
(e) TWO REPRESENTATIVES OF THE OHIO MEDICAL CARE ADVISORY 35,140
COMMITTEE REPRESENTING CONSUMER INTERESTS; 35,141
(f) ONE REPRESENTATIVE FROM A COUNTY DEPARTMENT OF HUMAN 35,143
SERVICES IN A COUNTY IN WHICH MEDICAID RECIPIENTS ARE REQUIRED TO 35,144
OBTAIN MEDICAL SERVICES FROM A MANAGED CARE ORGANIZATION; 35,145
(g) TWO REPRESENTATIVES OF THE INSTITUTIONAL PROVIDER 35,147
COMMUNITY;
(h) TWO REPRESENTATIVES FROM THE COMMUNITY PROVIDER 35,149
COMMUNITY; 35,150
(i) TWO REPRESENTATIVES OF ENTITIES THAT PROVIDE MEDICAID 35,152
MANAGED CARE. 35,153
(C) THE MAJORITY PARTY MEMBERS FROM THE HOUSE OF 35,155
REPRESENTATIVES AND THE SENATE SHALL SERVE AS CO-CHAIRS OF THE 35,156
STUDY COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL OF THE 35,157
CO-CHAIRS.
(D) MEMBERS OF THE STUDY COMMITTEE SHALL SERVE WITHOUT 35,159
800
COMPENSATION OR REIMBURSEMENT, EXCEPT TO THE EXTENT THAT SERVING 35,160
ON THE COMMITTEE IS CONSIDERED A PART OF THEIR REGULAR DUTIES OF 35,162
EMPLOYMENT.
(E) NOT LATER THAN JULY 3, 2000, THE STUDY COMMITTEE SHALL 35,165
COMPLETE ITS EXAMINATION AND SUBMIT A REPORT TO THE GOVERNOR, THE 35,166
PRESIDENT AND MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND 35,167
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. THE LEGISLATIVE 35,169
BUDGET OFFICE OF THE LEGISLATIVE SERVICE COMMISSION SHALL SERVE 35,170
AS STAFF TO THE STUDY COMMITTEE. ON SUBMISSION OF THE REPORT, 35,171
THE STUDY COMMITTEE SHALL CEASE TO EXIST. 35,172
Sec. 5111.23. (A) The department of human services shall 35,181
pay each eligible nursing facility and intermediate care facility 35,182
for the mentally retarded a per resident per day rate for direct 35,183
care costs established prospectively for each facility. Except 35,184
as provided in division (C)(2) of this section, the department 35,185
shall establish each facility's rate for direct care costs 35,186
quarterly. 35,187
(B) Each facility's rate for direct care costs shall be 35,189
based on the facility's cost per case-mix unit, subject to the 35,190
maximum costs per case-mix unit established under division (B)(2) 35,192
of this section, from the calendar year preceding the fiscal year 35,193
in which the rate is paid. To determine the rate, the department 35,194
shall do all of the following:
(1) Determine each facility's cost per case-mix unit for 35,196
the calendar year preceding the fiscal year in which the rate 35,197
will be paid by dividing the facility's desk-reviewed, actual, 35,198
allowable, per diem direct care costs for that year by its 35,199
average case-mix score determined under section 5111.231 of the 35,200
Revised Code for the same calendar year. 35,201
(2)(a) Set the maximum cost per case-mix unit for each 35,203
peer group of nursing facilities specified in rules adopted under 35,204
division (E) of this section at a percentage above the cost per 35,205
case-mix unit of the facility in the group that has the group's 35,206
median medicaid inpatient day for the calendar year preceding the 35,208
801
fiscal year in which the rate will be paid, as calculated under 35,209
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(1) of this section. 35,210
(b) Set the maximum cost per case-mix unit for each peer 35,212
group of intermediate care facilities for the mentally retarded 35,213
with more than eight beds specified in rules adopted under 35,214
division (E) of this section at a percentage above the cost per 35,215
case-mix unit of the facility in the group that has the group's 35,216
median medicaid inpatient day for the calendar year preceding the 35,218
fiscal year in which the rate will be paid, as calculated under 35,219
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(2) of this section. 35,220
(c) Set the maximum cost per case-mix unit for each peer 35,222
group of intermediate care facilities for the mentally retarded 35,223
with eight or fewer beds specified in rules adopted under 35,224
division (E) of this section at a percentage above the cost per 35,225
case-mix unit of the facility in the group that has the group's 35,226
median medicaid inpatient day for the calendar year preceding the 35,228
fiscal year in which the rate will be paid, as calculated under 35,229
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(3) of this section. 35,230
(d) In calculating the maximum cost per case-mix unit 35,232
under divisions (B)(2)(a) to (c) of this section for each peer 35,233
group, the department shall exclude from its calculations the 35,234
cost per case-mix unit of any facility in the group that 35,235
participated in the medical assistance program under the same
operator for less than twelve months during the calendar year 35,236
preceding the fiscal year in which the rate will be paid. 35,237
(3) Estimate the rate of inflation for the eighteen-month 35,239
period beginning on the first day of July of the calendar year 35,240
preceding the fiscal year in which the rate will be paid and 35,241
ending on the thirty-first day of December of the fiscal year in 35,242
which the rate will be paid, using the employment cost index for 35,243
total compensation, health services component, published by the 35,244
802
United States bureau of labor statistics. If the estimated 35,245
inflation rate for the eighteen-month period is different from 35,246
the actual inflation rate for that period, as measured using the 35,247
same index, the difference shall be added to or subtracted from 35,248
the inflation rate estimated under division (B)(3) of this 35,249
section for the following fiscal year. 35,250
(4) The department shall not recalculate a maximum cost 35,252
per case-mix unit under division (B)(2) of this section or a 35,254
percentage under division (D) of this section based on additional 35,255
information that it receives after the maximum costs per case-mix 35,256
unit or percentages are set. The department shall recalculate a 35,257
maximum cost per case-mix units or percentage only if it made an 35,258
error in computing the maximum cost per case-mix unit or 35,259
percentage based on information available at the time of the 35,260
original calculation.
(C)(1) Except as provided in division (C)(2) of this 35,262
section, each EACH facility's rate for direct care costs shall be 35,263
determined as follows for each calendar quarter within a fiscal 35,264
year: 35,265
(a)(1) Multiply the lesser of the following by the 35,267
facility's average case-mix score determined under section 35,268
5111.231 of the Revised Code for the calendar quarter that 35,269
preceded the immediately preceding calendar quarter: 35,270
(i)(a) The facility's cost per case-mix unit for the 35,272
calendar year preceding the fiscal year in which the rate will be 35,273
paid, as determined under division (B)(1) of this section; 35,274
(ii)(b) The maximum cost per case-mix unit established for 35,276
the fiscal year in which the rate will be paid for the facility's 35,277
peer group under division (B)(2) of this section; 35,278
(b)(2) Adjust the product determined under division 35,281
(C)(1)(a) of this section by the inflation rate estimated under 35,282
division (B)(3) of this section. 35,283
(2) Each fiscal year, the rate for direct care costs for 35,285
an intermediate care facility for the mentally retarded that, 35,286
803
pursuant to rules adopted under division (D)(5) of section 35,287
5111.231 of the Revised Code, submits its resident assessment 35,288
information annually rather than quarterly shall be the lesser of 35,289
the following, adjusted by the inflation rate estimated under 35,290
division (B)(3) of this section: 35,291
(a) The product of the facility's cost per case-mix unit 35,293
for the calendar year preceding the fiscal year in which the rate 35,294
will be paid, as determined under division (B)(1) of this 35,295
section, and the facility's annual average case-mix score 35,296
determined under section 5111.231 of the Revised Code for that 35,297
calendar year; 35,298
(b) The product of the maximum cost per case-mix unit 35,300
established for the fiscal year for the facility's peer group 35,301
under division (B)(2) of this section, and the facility's annual 35,303
average case-mix score determined under section 5111.231 of the 35,304
Revised Code for that calendar year.
(D)(1) The department shall calculate the percentage above 35,306
the median cost per case-mix unit determined under division 35,307
(B)(1) of this section for the facility that has the median 35,308
medicaid inpatient day for calendar year 1992 for all nursing 35,309
facilities that would result in payment of all desk-reviewed, 35,310
actual, allowable direct care costs for eighty-five per cent of 35,311
the medicaid inpatient days for nursing facilities for calendar 35,312
year 1992. 35,313
(2) The department shall calculate the percentage above 35,315
the median cost per case-mix unit determined under division 35,316
(B)(1) of this section for the facility that has the median 35,317
medicaid inpatient day for calendar year 1992 for all 35,318
intermediate care facilities for the mentally retarded with more 35,319
than eight beds that would result in payment of all 35,320
desk-reviewed, actual, allowable direct care costs for eighty and 35,321
one-half per cent of the medicaid inpatient days for such 35,322
facilities for calendar year 1992. 35,323
(3) The department shall calculate the percentage above 35,325
804
the median cost per case-mix unit determined under division 35,326
(B)(1) of this section for the facility that has the median 35,327
medicaid inpatient day for calendar year 1992 for all 35,328
intermediate care facilities for the mentally retarded with eight 35,329
or fewer beds that would result in payment of all desk-reviewed, 35,330
actual, allowable direct care costs for eighty and one-half per 35,331
cent of the medicaid inpatient days for such facilities for 35,332
calendar year 1992. 35,333
(E) The department shall adopt rules in accordance with 35,335
Chapter 119. of the Revised Code that specify peer groups of 35,336
nursing facilities, intermediate care facilities for the mentally 35,337
retarded with more than eight beds, and intermediate care 35,338
facilities for the mentally retarded with eight or fewer beds, 35,339
based on findings of significant per diem direct care cost 35,340
differences due to geography and facility bed-size. The rules 35,341
also may specify peer groups based on findings of significant per 35,342
diem direct care cost differences due to other factors which may 35,343
include, in the case of intermediate care facilities for the 35,344
mentally retarded, case-mix. 35,345
(F) The department, in accordance with division (C) of 35,347
section 5111.231 of the Revised Code and rules adopted under 35,348
division (D) of that section, may assign case-mix scores or costs 35,349
per case-mix unit if a facility fails to submit assessment 35,350
information necessary to calculate its case-mix score in 35,351
accordance with that section. 35,352
Sec. 5111.231. (A)(1) The department of human services 35,361
shall determine case-mix scores for nursing facilities using data 35,362
for each resident, regardless of payment source, from a resident 35,363
assessment instrument specified in rules adopted in accordance 35,364
with Chapter 119. of the Revised Code pursuant to section 35,365
1919(e)(5) of the "Social Security Act," 49 Stat. 620 (1935), 42 35,366
U.S.C.A. 1396r(e)(5), as amended, and the case-mix values 35,367
established by the United States department of health and human 35,368
services. The EXCEPT AS MODIFIED IN RULES ADOPTED UNDER DIVISION 35,369
805
(A)(1)(c) OF THIS SECTION, THE department also shall use the 35,371
grouper methodology specified in the department's rules in effect 35,372
on July 1, 1993 USED ON THE EFFECTIVE DATE OF THIS AMENDMENT BY 35,373
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR 35,374
PROSPECTIVE PAYMENT OF SKILLED NURSING FACILITIES UNDER THE 35,375
MEDICARE PROGRAM ESTABLISHED BY TITLE XVIII OF THE "SOCIAL 35,376
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. 35,377
The department may adopt rules in accordance with Chapter 119. of 35,378
the Revised Code that do any of the following: 35,379
(1)(a) Adjust the case-mix values to reflect changes in 35,381
relative wage differentials that are specific to this state; 35,382
(2)(b) Express all of the case-mix values in numeric terms 35,384
that are different from the terms specified by the United States 35,385
department of health and human services but that do not alter the 35,386
relationship of the case-mix values to one another; 35,387
(3) Revise(c) MODIFY the grouper methodology, but only if 35,390
the revision is first recommended by AS FOLLOWS: 35,391
(i) ESTABLISH A DIFFERENT HIERARCHY FOR ASSIGNING 35,393
RESIDENTS TO CASE-MIX CATEGORIES UNDER THE METHODOLOGY; 35,394
(ii) PROHIBIT THE USE OF THE INDEX MAXIMIZER ELEMENT OF 35,396
THE METHODOLOGY; 35,397
(iii) INCORPORATE CHANGES TO THE METHODOLOGY THE UNITED 35,400
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES MAKES AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT; 35,401
(iv) MAKE OTHER CHANGES the medicaid long-term care 35,405
reimbursement study council established by section 5111.34 of the 35,407
Revised Code APPROVES.
(2) The department shall determine case-mix scores for 35,409
intermediate care facilities for the mentally retarded using data 35,410
for each resident, regardless of payment source, from a resident 35,411
assessment instrument prescribed in rules adopted in accordance 35,412
with Chapter 119. of the Revised Code and case-mix values 35,413
established by the department in those rules. 35,414
(B) Not later than fifteen days after the end of each 35,416
806
calendar quarter, each nursing facility and intermediate care 35,417
facility for the mentally retarded shall submit to the department 35,418
the complete assessment data, from the instrument specified in 35,419
rules adopted under division (A) of this section, for each 35,420
resident, regardless of payment source, who was in the facility 35,421
or on hospital or therapeutic leave from the facility on the last 35,422
day of the quarter, unless the facility is permitted in rules 35,423
adopted under division (D) of this section to submit information 35,424
annually rather than quarterly. Not later than fifteen days 35,425
after the end of each calendar year, each intermediate care 35,426
facility for the mentally retarded that is permitted in rules 35,427
adopted under division (D) of this section to submit assessment 35,428
information annually shall submit to the department the complete 35,429
assessment data, from the instrument specified in rules adopted 35,430
under division (A) of this section, for each resident, regardless 35,431
of payment source, who was in the facility or on hospital or 35,432
therapeutic leave from the facility on the last day of the 35,433
calendar year. 35,434
Except as provided in division (C) of this section, the 35,436
department, after the end of each calendar year and pursuant to 35,437
procedures specified in rules adopted in accordance with Chapter 35,438
119. of the Revised Code, shall calculate an annual average 35,439
case-mix score for each nursing facility and intermediate care 35,440
facility for the mentally retarded using the facility's quarterly 35,441
case-mix scores for that calendar year. In the case of an 35,442
intermediate care facility for the mentally retarded that is 35,443
permitted in rules adopted under division (D)(5) of this section 35,444
to submit information annually rather than quarterly, the 35,445
department shall calculate the annual average case-mix score 35,446
using the assessment information for the calendar year, pursuant 35,447
to procedures specified in rules adopted in accordance with 35,448
Chapter 119. of the Revised Code. 35,449
(C)(1) If a facility does not timely submit information 35,451
for a calendar quarter necessary to calculate its case-mix score, 35,452
807
or submits incomplete or inaccurate information for a calendar 35,453
quarter, the department may assign the facility a quarterly 35,454
average case-mix score that is five per cent less than the 35,455
facility's quarterly average case-mix score for the preceding 35,456
calendar quarter. If the facility was subject to an exception 35,457
review under division (C) of section 5111.27 of the Revised Code 35,458
for the preceding calendar quarter, the department may assign a 35,459
quarterly average case-mix score that is five per cent less than 35,460
the score determined by the exception review. If the facility 35,461
was assigned a quarterly average case-mix score for the preceding 35,462
quarter, the department may assign a quarterly average case-mix 35,463
score that is five per cent less than that score assigned for the 35,464
preceding quarter. 35,465
The department may use a quarterly average case-mix score 35,467
assigned under division (C)(1) of this section, instead of a 35,468
quarterly average case-mix score calculated based on the 35,469
facility's submitted information, to calculate the facility's 35,470
rate for direct care costs being established under section 35,471
5111.23 of the Revised Code for one or more months, as specified 35,472
in rules adopted under division (D) of this section, of the 35,473
quarter for which the rate established under section 5111.23 of 35,474
the Revised Code will be paid. 35,475
Before taking action under division (C)(1) of this section, 35,477
the department shall permit the facility a reasonable period of 35,478
time, specified in rules adopted under division (D) of this 35,479
section, to correct the information. The IN THE CASE OF AN 35,480
INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED, THE 35,481
department shall not assign a quarterly average case-mix score 35,483
due to late submission of corrections to assessment information 35,484
unless the facility fails to submit corrected information prior 35,485
to the eighty-first day after the end of the calendar quarter to 35,486
which the information pertains. IN THE CASE OF A NURSING 35,487
FACILITY, THE DEPARTMENT SHALL NOT ASSIGN A QUARTERLY AVERAGE 35,488
CASE-MIX SCORE DUE TO LATE SUBMISSION OF CORRECTIONS TO 35,489
808
ASSESSMENT INFORMATION UNLESS THE FACILITY FAILS TO SUBMIT
CORRECTED INFORMATION PRIOR TO THE EARLIER OF THE EIGHTY-FIRST 35,490
DAY AFTER THE END OF THE CALENDAR QUARTER TO WHICH THE 35,491
INFORMATION PERTAINS OR THE DEADLINE FOR SUBMISSION OF SUCH 35,492
CORRECTIONS ESTABLISHED BY REGULATIONS ADOPTED BY THE UNITED 35,493
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII 35,494
AND XIX OF THE SOCIAL SECURITY ACT. 35,495
(2) If a facility is paid a rate calculated using a 35,497
quarterly average case-mix score assigned under division (C)(1) 35,498
of this section for more than six months in a calendar year, the 35,499
department may assign the facility a cost per case-mix unit that 35,500
is five per cent less than the facility's actual or assigned cost 35,501
per case-mix unit for the preceding calendar year. The 35,502
department may use the assigned cost per case-mix unit, instead 35,503
of calculating the facility's actual cost per case-mix unit in 35,504
accordance with section 5111.23 of the Revised Code, to establish 35,505
the facility's rate for direct care costs for the following 35,506
fiscal year. 35,507
(3) The department shall take action under division (C)(1) 35,509
or (2) of this section only in accordance with rules adopted 35,510
under division (D) of this section. The department shall not 35,511
take an action that affects rates for prior payment periods 35,512
except in accordance with sections 5111.27 and 5111.28 of the 35,513
Revised Code. 35,514
(D) The department may adopt rules in accordance with 35,516
Chapter 119. of the Revised Code that do any of the following: 35,517
(1) Specify the medium or media through which the 35,519
completed assessment information shall be submitted; 35,520
(2) Establish procedures under which the department will 35,522
review assessment information for accuracy and notify the 35,523
facility of any information that requires correction; 35,524
(3) Establish procedures for facilities to correct 35,526
assessment information, which. THE PROCEDURES may prohibit a AN 35,528
INTERMEDIATE CARE facility FOR THE MENTALLY RETARDED from 35,529
809
submitting corrected assessment information, for the purpose of 35,530
calculating its annual average case-mix score, more than two 35,531
calendar quarters after the end of the quarter to which the 35,532
information pertains or, if the information pertains to the 35,533
quarter ending the thirty-first day of December, after the 35,534
thirty-first day of the following March;. THE PROCEDURES MAY 35,535
LIMIT THE CONTENT OF CORRECTIONS BY NURSING FACILITIES IN THE 35,536
MANNER REQUIRED BY REGULATIONS ADOPTED BY THE UNITED STATES 35,537
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII AND 35,538
XIX OF THE SOCIAL SECURITY ACT AND PROHIBIT A NURSING FACILITY 35,540
FROM SUBMITTING CORRECTED ASSESSMENT INFORMATION, FOR THE PURPOSE 35,541
OF CALCULATING ITS ANNUAL AVERAGE CASE-MIX SCORE, MORE THAN THE 35,542
EARLIER OF THE FOLLOWING:
(a) TWO CALENDAR QUARTERS AFTER THE END OF THE QUARTER TO 35,544
WHICH THE INFORMATION PERTAINS OR, IF THE INFORMATION PERTAINS TO 35,545
THE QUARTER ENDING THE THIRTY-FIRST DAY OF DECEMBER, AFTER THE 35,546
THIRTY-FIRST DAY OF THE FOLLOWING MARCH; 35,547
(b) THE DEADLINE FOR SUBMISSION OF SUCH CORRECTIONS 35,549
ESTABLISHED BY REGULATIONS ADOPTED BY THE UNITED STATES 35,550
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII AND 35,551
XIX OF THE SOCIAL SECURITY ACT. 35,552
(4) Specify when and how the department will assign 35,554
case-mix scores or costs per case-mix unit under division (C) of 35,555
this section if information necessary to calculate the facility's 35,556
average annual or quarterly case-mix score is not provided or 35,557
corrected in accordance with the procedures established by the 35,558
rules. Notwithstanding any other provision of sections 5111.20 35,559
to 5111.32 of the Revised Code, the rules also may provide for 35,560
exclusion of case-mix scores assigned under division (C) of this 35,561
section from calculation of the facility's annual average 35,562
case-mix score and the maximum cost per case-mix unit for the 35,563
facility's peer group. 35,564
(5) Permit some or all intermediate care facilities for 35,566
the mentally retarded to submit assessment information annually 35,567
810
with their cost reports, instead of quarterly. 35,568
Sec. 5112.01. As used in sections 5112.02 5112.03 to 35,577
5112.21 of the Revised Code: 35,578
(A)(1) "Hospital" means a nonfederal hospital to which 35,580
either of the following applies: 35,581
(a) The hospital is registered under section 3701.07 of 35,583
the Revised Code as a general medical and surgical hospital or a 35,584
pediatric general hospital, and provides inpatient hospital 35,585
services, as defined in 42 C.F.R. 440.10; 35,586
(b) The hospital is recognized under the medicare program 35,588
established by Title XVIII of the "Social Security Act," 49 Stat. 35,590
620 (1935), 42 U.S.C.A. 301, as amended, as a cancer hospital and 35,592
is exempt from the medicare prospective payment system. 35,593
"Hospital" does not include a hospital operated by a health 35,595
insuring corporation that has been issued a certificate of 35,597
authority under section 1751.05 of the Revised Code or a hospital 35,599
that does not charge patients for services. 35,600
(2) "Disproportionate share hospital" means a hospital 35,602
that meets the definition of a disproportionate share hospital in 35,603
rules adopted under section 5112.03 of the Revised Code. 35,604
(B) "Bad debt," "charity care," "courtesy care," and 35,606
"contractual allowances" have the same meanings given these terms 35,607
in regulations adopted under Title XVIII of the "Social Security 35,609
Act." 35,610
(C) "Cost reporting period" means the twelve-month period 35,612
used by a hospital in reporting costs for purposes of Title XVIII 35,614
of the "Social Security Act." 35,615
(D) "Governmental hospital" means a county hospital with 35,617
more than five hundred registered beds or a state-owned and 35,619
-operated hospital with more than five hundred registered beds. 35,620
(E) "Indigent care pool" means the sum of the following: 35,622
(1) The total of assessments to be paid in a program year 35,624
by all hospitals under section 5112.06 of the Revised Code, less 35,625
the assessments deposited into the legislative budget services 35,626
811
fund under section 5112.19 of the Revised Code; 35,628
(2) The total amount of intergovernmental transfers 35,630
required to be made in the same program year by governmental 35,631
hospitals under section 5112.07 of the Revised Code, less the 35,632
amount of transfers deposited into the legislative budget 35,634
services fund under section 5112.19 of the Revised Code; 35,635
(3) The total amount of federal matching funds that will 35,637
be made available in the same program year as a result of 35,638
payments FUNDS DISTRIBUTED BY the department of human services 35,639
makes to hospitals under section 5112.08 of the Revised Code. 35,641
(F) "Intergovernmental transfer" means any transfer of 35,643
money by a governmental hospital under section 5112.07 of the 35,644
Revised Code.
(G) "Medical assistance program" means the program of 35,646
medical assistance established under section 5111.01 of the 35,647
Revised Code and Title XIX of the "Social Security Act." 35,648
(H) "Program year" means a period beginning the first day 35,650
of October, or a later date designated in rules adopted under 35,651
section 5112.03 of the Revised Code, and ending the thirtieth day 35,652
of September, or an earlier date designated in rules adopted 35,653
under that section. 35,654
(I) "Registered beds" means the total number of hospital 35,656
beds registered with the department of health, as reported in the 35,657
most recent "directory of registered hospitals" published by the 35,658
department of health. 35,659
(J) "Total facility costs" means the total costs for all 35,661
services rendered to all patients, including the direct, 35,662
indirect, and overhead cost to the hospital of all services, 35,663
supplies, equipment, and capital related to the care of patients, 35,664
regardless of whether patients are enrolled in a health insuring 35,666
corporation, excluding costs associated with providing skilled 35,668
nursing services in distinct-part nursing facility units, as 35,669
shown on the hospital's cost report filed under section 5112.04 35,670
of the Revised Code. Effective October 1, 1993, if rules adopted 35,671
812
under section 5112.03 of the Revised Code so provide, "total 35,672
facility costs" may exclude costs associated with providing care 35,673
to recipients of any of the governmental programs listed in 35,674
division (B) of that section.
(K) "Uncompensated care" means bad debt and charity care. 35,676
Sec. 5112.03. (A) The director of human services shall 35,685
adopt, and may amend and rescind, rules in accordance with 35,686
Chapter 119. of the Revised Code for the purpose of administering 35,687
sections 5112.01 to 5112.21 of the Revised Code, including rules 35,688
that do all of the following: 35,689
(1) Define as a "disproportionate share hospital" any 35,691
hospital included under subsection (b) of section 1923 of the 35,692
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 35,693
1396r-4(b), as amended, and any other hospital the director 35,694
determines appropriate;
(2) Prescribe the form for submission of cost reports 35,696
under section 5112.04 of the Revised Code; 35,697
(3) Establish, in accordance with division (B)(A) of 35,699
section 5112.06 of the Revised Code, the ASSESSMENT rate of 35,700
hospital assessments OR RATES to be applied TO HOSPITALS under 35,703
that section;
(4) Establish schedules for hospitals to pay installments 35,705
on their assessments under section 5112.06 of the Revised Code 35,706
and for governmental hospitals to pay installments on their 35,707
intergovernmental transfers under section 5112.07 of the Revised 35,708
Code;
(5) Establish procedures to notify hospitals of 35,710
adjustments made under division (C)(B)(2)(b) of section 5112.06 35,712
of the Revised Code in the amount of installments on their
assessment; 35,713
(6) Establish procedures to notify hospitals of 35,715
adjustments made under division (D) of section 5112.09 of the 35,716
Revised Code in the total amount of their assessment and to 35,717
adjust for the remainder of the program year the amount of the 35,718
813
installments on the assessments; 35,719
(7) Establish, in accordance with section 5112.08 of the 35,721
Revised Code, the methodology for paying hospitals under that 35,722
section. 35,723
The director shall consult with hospitals when adopting the 35,725
rules required by divisions (A)(4) and (5) of this section in 35,726
order to minimize hospitals' cash flow difficulties. 35,727
(B) Rules adopted under this section may provide that 35,729
"total facility costs" excludes costs associated with any of the 35,731
following:
(1) Recipients of the medical assistance program; 35,733
(2) Recipients of general assistance medical assistance 35,735
provided under FORMER Chapter 5113. of the Revised Code; 35,737
(3) Recipients of disability assistance medical assistance 35,740
provided under Chapter 5115. of the Revised Code; 35,741
(4) Recipients of the program for medically handicapped 35,743
children established under section 3701.023 of the Revised Code; 35,745
(5) Recipients of the medicare program established under 35,747
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 35,750
U.S.C.A. 301, as amended; 35,751
(6) Recipients of Title V of the "Social Security Act"; 35,754
(7) Any other category of costs deemed appropriate by the 35,756
director in accordance with Title XIX of the "Social Security 35,758
Act" and the rules adopted under that title. 35,759
Sec. 5112.06. (A) For the purpose of making payments 35,768
DISTRIBUTING FUNDS to hospitals under the medical assistance 35,769
program PURSUANT TO SECTIONS 5112.01 TO 5112.21 OF THE REVISED 35,770
CODE, there is hereby imposed on each hospital an assessment on 35,771
total facility costs at a rate to be AN ASSESSMENT ON ALL 35,772
HOSPITALS. EACH HOSPITAL'S ASSESSMENT SHALL BE BASED ON TOTAL 35,773
FACILITY COSTS. ALL HOSPITALS SHALL BE ASSESSED ACCORDING TO THE 35,774
RATE OR RATES established each program year by the department of 35,775
human services, in accordance with division (B) of this section, 35,776
in rules adopted under section 5112.03 of the Revised Code. THE 35,777
814
(B) The department shall assess each hospital at the same 35,779
rate ALL HOSPITALS UNIFORMLY AND IN A MANNER CONSISTENT WITH 35,780
FEDERAL STATUTES AND REGULATIONS. During any program year, the 35,783
department shall not assess hospitals at a rate greater ANY 35,785
HOSPITAL MORE than two per cent of each THE hospital's total 35,788
facility costs.
The department shall establish an assessment rate OR RATES 35,790
each program year that will do both of the following: 35,791
(1) Yield funds that, when combined with intergovernmental 35,793
transfers and federal matching funds, will produce a program of 35,794
sufficient size to pay a substantial portion of the indigent care 35,795
provided by hospitals; 35,796
(2) Yield funds that, when combined with intergovernmental 35,798
transfers and federal matching funds, will produce payments 35,799
AMOUNTS FOR DISTRIBUTION to disproportionate share hospitals that 35,801
do not exceed, in the aggregate, the limits prescribed by the 35,802
United States health care financing administration under 35,804
subparagraph SUBSECTION (f)(2)(A) of section 1923 of the "Social 35,807
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f)(2)(A), 35,810
as amended.
(C)(B)(1) Except as provided in division (C)(B)(3) of this 35,813
section, each hospital shall pay its assessment in periodic 35,814
installments in accordance with a schedule established by the 35,815
director of human services in rules adopted under section 5112.03 35,816
of the Revised Code. 35,817
(2) The installments shall be equal in amount, unless 35,820
either of the following applies:
(a) The department makes adjustments during a program year 35,822
under division (D) of section 5112.09 of the Revised Code in the 35,823
total amount of hospitals' assessments; 35,824
(b) The director of human services determines that 35,826
adjustments in the amounts of installments are necessary for the 35,828
administration of sections 5112.01 to 5112.21 of the Revised Code 35,829
and that unequal installments will not create cash flow 35,830
815
difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of 35,833
the Revised Code establishing alternate schedules for hospitals 35,834
to pay assessments under this section in order to reduce 35,835
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human services may 35,844
require governmental hospitals to make intergovernmental 35,845
transfers each program year. The department shall not require 35,846
transfers in an amount that, when combined with hospital 35,847
assessments paid under section 5112.06 of the Revised Code and 35,848
federal matching funds, produce payments AMOUNTS FOR DISTRIBUTION 35,850
to disproportionate share hospitals that, in the aggregate, 35,851
exceed limits prescribed by the United States health care 35,852
financing administration under subparagraph SUBSECTION (f)(2)(A) 35,853
of section 1923 of the "Social Security Act," 49 Stat. 620 35,855
(1935), 42 U.S.C.A. 1396r-4(f)(2)(A), as amended.
(B) Before or during each program year, the department 35,858
shall notify each governmental hospital of the amount of the 35,859
intergovernmental transfer it is required to make during the 35,860
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 35,861
this section in periodic installments, executed by electronic 35,862
fund transfer, in accordance with a schedule established in rules 35,863
adopted under section 5112.03 of the Revised Code. 35,864
Sec. 5112.08. The director of human services shall adopt 35,873
rules under section 5112.03 of the Revised Code establishing a 35,874
methodology to pay hospitals that is sufficient to expend all 35,875
money in the indigent care pool. Under the rules: 35,876
(A) The department of human services shall MAY classify 35,878
similar hospitals into groups and allocate funds for distribution 35,879
within each group. 35,880
(B) The department shall establish a method of allocating 35,882
funds to each group of hospitals, taking into consideration the 35,883
relative amount of indigent care provided by each HOSPITAL OR 35,884
816
group OF HOSPITALS. The amount to be allocated to each group 35,886
shall be based on any combination of the following indicators of 35,887
indigent care that the director considers appropriate: 35,888
(1) Total costs, volume, or proportion of services to 35,890
recipients of the medical assistance program, including 35,891
recipients enrolled in health insuring corporations; 35,893
(2) Total costs, volume, or proportion of services to 35,895
low-income patients in addition to recipients of the medical 35,896
assistance program, which may include recipients of Title V of 35,898
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 35,900
as amended, general assistance established under FORMER Chapter 35,902
5113. of the Revised Code, and disability assistance established 35,903
under Chapter 5115. of the Revised Code; 35,904
(3) The amount of uncompensated care provided by the 35,906
HOSPITAL OR GROUP OF hospitals; 35,907
(4) Other factors that the director considers to be 35,909
appropriate indicators of indigent care. 35,910
(C) The department shall distribute funds to hospitals in 35,912
each HOSPITAL OR group OF HOSPITALS in a manner that first may 35,913
provide for an additional payment DISTRIBUTION to individual 35,915
hospitals that provide a high proportion of indigent care in 35,917
relation to the total care provided by the hospital or in 35,918
relation to other hospitals. The department shall establish a 35,919
formula to distribute the remainder of the funds allocated to the 35,920
group to all hospitals in the group. The formula shall be 35,921
consistent with section 1923 of the "Social Security Act," 42 35,922
U.S.C.A. 1396r-4, as amended, and shall be based on any 35,925
combination of the indicators of indigent care listed in division 35,926
(B) of this section that the director considers appropriate. 35,927
(D) The department shall make payments DISTRIBUTE FUNDS to 35,929
each hospital in installments not later than ten working days 35,931
after the deadline established in rules for each hospital to pay 35,932
an installment on its assessment under section 5112.06 of the 35,933
Revised Code. In the case of a governmental hospital that makes 35,934
817
intergovernmental transfers, the department shall pay an 35,935
installment under this section not later than ten working days 35,936
after the earlier of that deadline or the deadline established in 35,937
rules for the governmental hospital to pay an installment on its 35,938
intergovernmental transfer. If the amount in the hospital care 35,939
assurance program fund and the hospital care assurance match fund 35,940
created under section 5112.18 of the Revised Code is insufficient 35,941
to make the total payments DISTRIBUTIONS for which hospitals are 35,942
eligible to receive in any period, the department shall reduce 35,944
the amount of each payment DISTRIBUTION by the percentage by 35,945
which the amount is insufficient. The department shall pay 35,947
DISTRIBUTE TO hospitals any amounts not paid DISTRIBUTED in the 35,949
period in which they are due as soon as moneys are available in 35,950
the funds.
Sec. 5112.09. (A) Before or during each program year, the 35,959
department of human services shall mail to each hospital by 35,962
certified mail, return receipt requested, the preliminary
determination of the amount that the hospital is assessed under 35,964
section 5112.06 of the Revised Code during the program year. The 35,965
department shall make the preliminary determination of each A 35,966
hospital's assessment by multiplying the rate established under 35,968
division (B) of section 5112.06 of the Revised Code by the 35,971
hospital's total facility costs for the hospital's most recent 35,972
fiscal year ending in the calendar year preceding the first day 35,973
of July, except that:
(1) In the program year ending in 1995, the department 35,975
shall multiply the rate by the hospital's total facility costs 35,976
for the hospital's cost reporting period ending in state fiscal 35,977
year 1994;
(2) In program years ending in 1996 and thereafter, the 35,979
department shall multiply the rate by the hospital's total 35,980
facility costs SHALL BE CALCULATED for a cost-reporting period 35,983
THAT IS specified in rules adopted under section 5112.03 of the
Revised Code. 35,984
818
The department shall consult with hospitals each year when 35,986
determining the date on which it will mail the preliminary 35,987
determinations in order to minimize hospitals' cash flow 35,988
difficulties.
If no hospital submits a request for reconsideration under 35,990
division (B) of this section, the preliminary determination 35,991
constitutes the final reconciliation of each hospital's 35,992
assessment under section 5112.06 of the Revised Code. The final 35,993
reconciliation is subject to adjustments under division (D) of 35,994
this section. 35,995
(B) Not later than fourteen days after the preliminary 35,997
determinations are mailed, any hospital may submit to the 36,000
department a written request to reconsider the preliminary 36,001
determinations. The request shall be accompanied by written 36,002
materials setting forth the basis for the reconsideration. If 36,003
one or more hospitals submit a request, the department shall hold 36,004
a public hearing not later than thirty days after the preliminary 36,005
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 36,006
written notice of the date, time, and place of the hearing at 36,007
least ten days prior to the hearing. On the basis of the 36,008
evidence submitted to the department or presented at the public 36,009
hearing, the department shall reconsider and may adjust the 36,010
preliminary determinations. The result of the reconsideration is 36,011
the final reconciliation of the hospital's assessment under 36,012
section 5112.06 of the Revised Code. The final reconciliation is 36,013
subject to adjustments under division (D) of this section. 36,014
(C) The department shall mail to each hospital a written 36,017
notice of its assessment for the program year under the final 36,018
reconciliation. A hospital may appeal the final reconciliation 36,020
of its assessment to the court of common pleas of Franklin 36,021
county. While a judicial appeal is pending, the hospital shall 36,022
pay, in accordance with the schedules required by division (C)(B) 36,023
of section 5112.06 of the Revised Code, any amount of its 36,024
819
assessment that is not in dispute into the hospital care 36,025
assurance program fund created in section 5112.18 of the Revised
Code.
(D) In the course of any program year, the department may 36,027
adjust the assessment rate OR RATES established in rules pursuant 36,028
to section 5112.06 of the Revised Code or adjust the amounts of 36,029
intergovernmental transfers required under section 5112.07 of the 36,030
Revised Code and, as a result of the adjustment, adjust each 36,032
hospital's assessment and intergovernmental transfer, to reflect 36,033
refinements made by the United States health care financing 36,034
administration during that program year to the limits it 36,035
prescribed under subparagraph SUBSECTION (f)(2)(A) of section 36,037
1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 36,040
U.S.C.A. 1396r-4(f)(2)(A), as amended. An WHEN adjusted, THE 36,042
assessment rate OR RATES must comply with division (B)(A) of 36,044
section 5112.06 of the Revised Code. An adjusted 36,046
intergovernmental transfer must comply with division (A) of 36,048
section 5112.07 of the Revised Code. The department shall notify 36,049
hospitals of adjustments made under this division and adjust for
the remainder of the program year the installments paid by 36,051
hospitals under sections 5112.06 and 5112.07 of the Revised Code
in accordance with rules adopted under section 5112.03 of the 36,052
Revised Code.
Sec. 5112.17. (A) As used in this section: 36,061
(1) "Federal poverty guideline" means the official poverty 36,063
guideline as revised annually by the United States secretary of 36,064
health and human services in accordance with section 673 of the 36,065
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 36,066
U.S.C.A. 9902, as amended, for a family size equal to the size of 36,067
the family of the person whose income is being determined. 36,068
(2) "Third-party payer" means any private or public entity 36,070
or program that may be liable by law or contract to make payment 36,071
to or on behalf of an individual for health care services. 36,072
"Third-party payer" does not include a hospital. 36,073
820
(B) Each hospital that receives payments FUNDS DISTRIBUTED 36,075
under sections 5112.01 to 5112.21 of the Revised Code shall 36,077
provide, without charge to the individual, basic, medically 36,078
necessary hospital-level services to individuals who are 36,079
residents of this state, are not recipients of the medical
assistance program, and whose income is at or below the federal 36,081
poverty guideline. Recipients of disability assistance under 36,084
Chapter 5115. of the Revised Code qualify for services under this 36,085
section. The department of human services shall adopt rules 36,086
under section 5112.03 of the Revised Code specifying the hospital 36,087
services to be provided under this section. 36,088
(C) BEFORE USING A PORTION OF THE FUNDS RECEIVED UNDER 36,090
SECTIONS 5112.01 TO 5112.21 OF THE REVISED CODE AS THE SOURCE OF 36,091
REIMBURSEMENT FOR PROVIDING HOSPITAL SERVICES TO AN INDIVIDUAL, A 36,092
HOSPITAL MAY TAKE ACTIONS TO ENSURE THAT THERE IS NO OTHER 36,093
THIRD-PARTY PAYER AVAILABLE. Hospitals may bill any third-party 36,094
payer for services rendered under this section. Hospitals may 36,096
bill the medical assistance program, in accordance with Chapter 36,097
5111. of the Revised Code and the rules adopted under that 36,098
chapter, for services rendered under this section if the 36,099
individual becomes a recipient of the program. Hospitals may 36,100
bill individuals for services under this section if all of the 36,101
following apply:
(1) The hospital has an established post-billing procedure 36,103
for determining the individual's income and canceling the charges 36,104
if the individual is found to qualify for services under this 36,105
section. 36,106
(2) The initial bill, and at least the first follow-up 36,108
bill, is accompanied by a written statement that does all of the 36,109
following: 36,110
(a) Explains that individuals with income at or below the 36,112
federal poverty guideline are eligible for services without 36,113
charge; 36,114
(b) Specifies the federal poverty guideline for 36,116
821
individuals and families of various sizes at the time the bill is 36,117
sent; 36,118
(c) Describes the procedure required by division (C)(1) of 36,120
this section. 36,121
(3) The hospital complies with any additional rules the 36,123
department adopts under section 5112.03 of the Revised Code. 36,124
Notwithstanding division (B) of this section, a hospital 36,126
providing care to an individual under this section is subrogated 36,127
to the rights of any individual to receive compensation or 36,128
benefits from any person or governmental entity for the hospital 36,129
goods and services rendered. 36,130
(D) Each hospital shall collect and report to the 36,132
department, in the form and manner prescribed by the department, 36,133
information on the number and identity of patients served 36,134
pursuant to this section. 36,135
(E) This section applies beginning May 22, 1992, 36,137
regardless of whether the department has adopted rules specifying 36,138
the services to be provided. Nothing in this section alters the 36,139
scope or limits the obligation of any governmental entity or 36,140
program, including the program awarding reparations to victims of 36,141
crime under sections 2743.51 to 2743.72 of the Revised Code and 36,142
the program for medically handicapped children established under 36,144
section 3701.023 of the Revised Code, to pay for hospital 36,145
services in accordance with state or local law. 36,146
Sec. 5112.18. (A) Except as provided in section 5112.19 36,155
of the Revised Code, all payments of assessments by hospitals 36,156
under section 5112.06 of the Revised Code and all 36,157
intergovernmental transfers under section 5112.07 of the Revised 36,158
Code shall be deposited in the state treasury to the credit of 36,159
the hospital care assurance program fund, hereby created. All 36,160
investment earnings of the hospital care assurance program fund 36,161
shall be credited to the fund. The department of human services 36,162
shall maintain records that show the amount of money in the 36,163
hospital care assurance program fund at any time that has been 36,164
822
paid by each hospital and the amount of any investment earnings 36,165
on that amount. All moneys credited to the hospital care 36,166
assurance program fund shall be used solely to make payments to 36,167
hospitals under division (D) of this section and section 5112.08 36,169
of the Revised Code.
(B) All federal matching funds received as a result of 36,171
payments the department makes DISTRIBUTING FUNDS from the 36,172
hospital care assurance program fund to hospitals under section 36,174
5112.08 of the Revised Code shall be credited to the hospital 36,175
care assurance match fund, which is hereby created in the state 36,176
treasury. All money credited to the hospital care assurance 36,177
match fund shall be used solely to make payments FOR DISTRIBUTING 36,178
FUNDS to hospitals under section 5112.08 of the Revised Code. 36,180
(C) All payments DISTRIBUTIONS OF FUNDS to hospitals under 36,182
section 5112.08 of the Revised Code are conditional on: 36,184
(1) Expiration of the time for appeals under section 36,186
5112.09 of the Revised Code without the filing of an appeal, or 36,187
on court determinations, in the event of appeals, that the 36,188
hospital is entitled to the payments FUNDS; 36,189
(2) The availability of sufficient moneys in the hospital 36,191
care assurance program fund and the hospital care assurance match 36,192
fund to make DISTRIBUTE the payments FUNDS after the final 36,194
determination of any appeals; 36,195
(3) The hospital's compliance with section 5112.17 of the 36,197
Revised Code.
(D) If an audit conducted by the department of the amounts 36,199
of payments made and FUNDS received by hospitals under sections 36,200
5112.06, 5112.07, and 5112.08 of the Revised Code identifies 36,201
amounts that, due to errors by the department, a hospital should 36,202
not have been required to pay but did pay, should have been 36,203
required to pay but did not pay, should not have received but did 36,204
receive, or should have received but did not receive, the 36,205
department shall: 36,206
(1) Make payments to any hospital that the audit reveals 36,208
823
paid amounts it should not have been required to pay or did not 36,209
receive amounts it should have received; 36,210
(2) Take action to recover from a hospital any amounts 36,212
that the audit reveals it should have been required to pay but 36,213
did not pay or that it should not have received but did receive. 36,214
Payments made under division (D)(1) of this section shall 36,216
be made from the hospital care assurance program fund. Amounts 36,217
recovered under division (D)(2) of this section shall be 36,218
deposited to the credit of that fund. Any hospital may appeal 36,219
the amount the hospital is to be paid under division (D)(1) or 36,220
the amount that is to be recovered from the hospital under 36,221
division (D)(2) of this section to the court of common pleas of 36,222
Franklin county. 36,223
Sec. 5115.01. (A) There is hereby established the 36,232
disability assistance program. Except as provided in division 36,233
(D) of this section, a disability assistance recipient shall 36,235
receive financial assistance. Except as provided in section 36,236
5115.11 of the Revised Code, a disability assistance recipient 36,237
also shall receive disability assistance medical assistance. 36,238
Except as provided by division (B) of this section, a 36,240
person who meets all of the following requirements is eligible 36,241
for disability assistance: 36,242
(1) The person is ineligible to participate in the Ohio 36,244
works first program established under Chapter 5107. of the 36,247
Revised Code and to receive supplemental security income provided 36,249
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 36,250
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 36,252
(a) Under age eighteen; 36,254
(b) Age sixty or older; 36,256
(c) Pregnant; 36,258
(d) Unable to do any substantial or gainful activity by 36,260
reason of a medically determinable physical or mental impairment 36,261
that can be expected to result in death or has lasted or can be 36,262
824
expected to last for not less than nine months;
(e) An active participant in A RESIDENT OF A RESIDENTIAL 36,265
TREATMENT CENTER CERTIFIED AS an alcohol or drug addiction 36,266
program certified by the department of alcohol and drug addiction 36,267
services under section 3793.06 of the Revised Code, including a 36,268
former recipient of supplemental security income who lost 36,269
eligibility for that program because of the enactment of 36,270
paragraph (b)(1) of section 105 of the "Contract With America 36,273
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 36,278
A person on a waiting list to participate in an alcohol or drug 36,280
addiction program, or otherwise not participating in a program 36,281
while waiting for treatment services at a program to become 36,282
available, is not an active participant. 36,283
(f) Medication dependent as determined by a physician, as 36,285
defined in section 4730.01 of the Revised Code, who has certified 36,286
to the county department of human services that the person is 36,287
receiving ongoing treatment for a chronic medical condition 36,288
requiring continuous prescription medication for an indefinite, 36,289
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 36,290
of employability lasting at least nine months. 36,291
(3) The person meets the eligibility requirements 36,293
established by the department of human services in rules adopted 36,294
under section 5115.05 of the Revised Code. 36,295
(B)(1) A person is ineligible for disability assistance if 36,297
the person is ineligible to participate in the Ohio works first 36,300
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 36,304
Code;
(b) The person's extended eligibility to participate in 36,307
the Ohio works first program made possible by the earned income 36,308
disregard established under division (D)(2) of section 5107.10 of 36,310
the Revised Code has ceased due to the limited number of months 36,311
the disregard is applied;
825
(c) The time limit established by section 5107.18 of the 36,314
Revised Code;
(d)(c) Failure to comply with an application or 36,316
verification procedure; 36,317
(e)(d) The fraud control program established pursuant to 36,320
45 C.F.R. 235.112, as in effect July 1, 1996. 36,321
(2) A person under age eighteen is ineligible for 36,323
disability assistance pursuant to division (B)(1)(a) of this 36,325
section only if the person caused the assistance group to be 36,326
ineligible to participate in the Ohio works first program or 36,328
resides with a person age eighteen or older who was a member of 36,329
the same ineligible assistance group. A person age eighteen or 36,330
older is ineligible for disability assistance pursuant to 36,331
division (B)(1)(a) of this section regardless of whether the 36,332
person caused the assistance group to be ineligible to 36,333
participate in the Ohio works first program.
(C) The county department of human services that serves 36,336
the county in which a person receiving disability assistance 36,337
pursuant to division (A)(2)(e) of this section participates in an 36,339
alcohol or drug addiction program shall designate a 36,340
representative payee for purposes of receiving and distributing 36,341
financial assistance provided under the disability assistance 36,342
program to the person.
(D) A person eligible for disability assistance pursuant 36,344
to division (A)(2)(f) of this section shall not receive financial 36,345
assistance.
(E) The department shall adopt rules in accordance with 36,347
section 111.15 of the Revised Code defining terms and 36,348
establishing standards for determining whether a person meets a 36,349
condition of disability assistance eligibility pursuant to this 36,350
section.
Sec. 5117.07. (A) On or before the first day of October, 36,359
the tax commissioner shall review all applications submitted 36,360
under division (C) of section 5117.03 of the Revised Code and 36,361
826
shall determine the eligibility of each applicant to receive a 36,362
credit or payment. THE TOTAL INCOME AND CURRENT TOTAL INCOME 36,363
AMOUNTS SET FORTH IN DIVISION (A) OF THIS SECTION ARE SUBJECT TO 36,364
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 36,365
(1) An applicant is eligible for a credit of thirty per 36,367
cent if the applicant is a head of household, has a total income 36,368
of five thousand dollars or less or a current total income of two 36,369
thousand five hundred dollars or less, owns and occupies or rents 36,370
and occupies a household receiving the source of energy for its 36,371
primary heating system from an energy company and such energy is 36,372
separately metered, and is either of the following: 36,373
(a) Sixty-five years of age or older; 36,375
(b) Permanently and totally disabled. 36,377
(2) An applicant is eligible for a credit of twenty-five 36,379
per cent if the applicant is a head of household, has a total 36,380
income of more than five thousand dollars but not more than nine 36,381
thousand dollars or a current total income of more than two 36,382
thousand five hundred dollars but not more than four thousand 36,383
five hundred dollars, is sixty-five years of age or older or 36,384
permanently and totally disabled, and owns and occupies or rents 36,385
and occupies a household receiving the source of energy for its 36,386
primary heating system from an energy company and such energy is 36,387
separately metered. 36,388
(3) An applicant is eligible for a payment if either of 36,390
the following applies to the applicant: 36,391
(a) He THE APPLICANT would be eligible for the credit 36,393
under division (A)(1) or (2) of this section but for the fact 36,395
that the source of energy for the primary heating system of the 36,396
applicant's household is not separately metered; 36,397
(b) He THE APPLICANT is a head of household, has a total 36,399
income of no more than nine thousand dollars or a current total 36,401
income of no more than four thousand five hundred dollars, is 36,402
sixty-five years of age or older or permanently and totally 36,403
disabled, and owns and occupies or rents and occupies a household 36,404
827
receiving the source of energy for its primary heating system 36,405
from an energy dealer.
(4) In the case of a multiple unit dwelling for which 36,407
separate metering for the source of energy for its primary 36,408
heating system is not provided, more than one applicant occupying 36,409
such dwelling may be determined eligible for a payment under 36,410
division (A)(3)(a) of this section. 36,411
(B) Notwithstanding division (A) of this section: 36,413
(1) No head of household who resides in public housing or 36,415
receives a rent subsidy from a government agency is eligible for 36,416
a credit or payment unless the person's rent subsidy does not 36,417
reflect the costs of his THAT PERSON'S household receiving the 36,418
source of energy for its primary heating system; 36,420
(2) A resident of a nursing home, hospital, or other 36,422
extended health care facility is not eligible for a credit or 36,423
payment for the costs of providing the source of energy for the 36,424
primary heating system of the facility. 36,425
(C) The tax commissioner shall establish a procedure 36,427
whereby he THE COMMISSIONER can verify total income and current 36,428
total income for the calendar year in which an applicant is 36,430
determined eligible for a payment or credit. If a person 36,431
receives a credit or payment that he THE PERSON is ineligible to 36,432
receive under division (A) of this section, that person shall 36,434
refund to the tax commissioner the credit or payment, or excess 36,435
portion of a credit or payment, he THAT PERSON received. The sum 36,436
refunded shall be deposited in the state treasury to the credit 36,438
of the general revenue fund.
(D) The tax commissioner may request an additional 36,440
certification of permanent and total disability for any applicant 36,441
claiming such status on an application renewal form submitted 36,442
under section 5117.03 of the Revised Code. Such certification 36,443
shall be requested from the person or agency named on the form 36,444
pursuant to division (B)(1) of section 5117.03 of the Revised 36,445
Code. If such additional certification is refused due to a 36,446
828
conclusion by the person or agency that the applicant is not 36,447
permanently and totally disabled, the commissioner shall 36,448
determine the applicant ineligible for any credit or payment. If 36,449
such additional certification is unavailable or refused for any 36,450
other reason, the tax commissioner may determine the applicant to 36,451
be eligible for a credit or payment provided he THE COMMISSIONER 36,452
has good cause to believe the applicant is permanently and 36,454
totally disabled.
(E) On or before the first day of October, the tax 36,456
commissioner shall notify each applicant of the disposition of 36,457
his THE APPLICANT'S application under divisions (A) and (B) of 36,458
this section. At the same time, he THE TAX COMMISSIONER shall 36,460
notify the applicant, regardless of whether his THE APPLICANT'S 36,462
application is approved or disapproved, that the applicant may be 36,464
eligible to participate in a state or federal weatherization 36,465
program and should contact his THE APPLICANT'S community action 36,466
agency for further information. If an application is 36,467
disapproved, the applicant may appeal to the tax commissioner for 36,468
a hearing on the matter. A notice of disapproval shall include a 36,469
detailed explanation of the applicant's right of appeal under 36,470
this chapter. Any such appeal shall be on an appeal form 36,471
prescribed by the tax commissioner and shall be filed with the 36,472
tax commissioner within twenty days of the receipt of the notice 36,473
of disapproval. 36,474
Sec. 5117.071. (A) EACH YEAR, THE TAX COMMISSIONER SHALL 36,476
ADJUST THE TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 36,478
5117.09 OF THE REVISED CODE BY COMPLETING THE FOLLOWING STEPS: 36,479
(1) DETERMINE THE PERCENTAGE INCREASE IN THE GROSS 36,481
DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC 36,482
ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE 36,483
PRECEDING YEAR; 36,484
(2) MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL 36,486
INCOME AMOUNTS FOR THE PRECEDING YEAR; 36,487
(3) ADD THE RESULTING PRODUCTS TO EACH OF THE TOTAL INCOME 36,489
829
AMOUNTS FOR THE PRECEDING YEAR; 36,490
(4) ROUND THE RESULTING SUMS UPWARD TO THE NEAREST 36,492
MULTIPLE OF TEN DOLLARS. 36,493
THE COMMISSIONER SHALL NOT MAKE THE ADJUSTMENT IN ANY YEAR 36,495
IN WHICH THE AMOUNTS RESULTING FROM THE ADJUSTMENT WOULD BE LESS 36,496
THAN THE TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR. 36,498
(B) EACH YEAR, THE TAX COMMISSIONER ALSO SHALL ADJUST THE 36,501
CURRENT TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 36,502
5117.09 OF THE REVISED CODE. FOR ANY YEAR, THE CURRENT TOTAL
INCOME AMOUNTS SHALL EQUAL ONE-HALF OF THE RESPECTIVE TOTAL 36,503
INCOME AMOUNTS SET FORTH IN THOSE SECTIONS AND ADJUSTED UNDER 36,504
DIVISION (A) OF THIS SECTION FOR THAT YEAR. 36,505
(C) THE TAX COMMISSIONER AND EACH ENERGY COMPANY AND 36,507
ENERGY DEALER SHALL USE THE ADJUSTED TOTAL INCOME AND CURRENT 36,508
TOTAL INCOME AMOUNTS DETERMINED UNDER THIS SECTION IN PERFORMING 36,510
THEIR DUTIES UNDER SECTIONS 5117.01 TO 5117.12 OF THE REVISED 36,511
CODE.
Sec. 5117.09. (A)(1) With respect to each of its 36,520
residential customers, every energy company shall, after receipt 36,521
of a certification list provided under division (A) of section 36,522
5117.08 of the Revised Code, cause the granting of a credit in 36,523
accordance with this section against the monthly billing of each 36,524
household appearing on the list except as provided in division 36,525
(A) of section 5117.08 of the Revised Code. In the case of an 36,526
applicant who has a total income of five thousand dollars or less 36,527
or a current total income of two thousand five hundred dollars or 36,528
less, the credit shall amount to thirty per cent of the current 36,529
monthly bill rendered to such household by the company for the 36,530
billing months of December, January, February, March, and April 36,531
following the receipt of a list on which the household appears. 36,532
In the case of an applicant who has a total income of more than 36,533
five thousand dollars but not more than nine thousand dollars or 36,534
a current total income of more than two thousand five hundred 36,535
dollars but not more than four thousand five hundred dollars, the 36,536
830
credit shall amount to twenty-five per cent of the current 36,537
monthly bill rendered to such household by the company for the 36,538
billing months of December, January, February, March, and April 36,539
following the receipt of a list on which the household appears. 36,540
If purchased power costs are incurred by an energy company during 36,541
the billing month for which a credit is provided under this 36,542
division, the credit shall also be applied to such costs, whether 36,543
or not the costs are charged to a current montly MONTHLY bill for 36,544
such months. 36,545
(2) THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 36,547
FORTH IN DIVISION (A)(1) OF THIS SECTION ARE SUBJECT TO 36,548
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 36,549
(B) Every energy company shall read the meter of each of 36,551
its qualified residential customers who may receive a credit 36,552
under division (A) of this section at least one time for the 36,553
service period of November and at least one time in the service 36,554
period for the current monthly bill rendered for the billing 36,555
month of April. In the event a company is unable to read a meter 36,556
because of failure to gain access after a good faith effort or 36,557
because a certification list was supplied to the utility fewer 36,558
than thirty days prior to the normal date of meter reading, the 36,559
company may render a calculated bill. In such instances the 36,560
company shall make an adjustment to the amount of the credit 36,561
granted to the customer based upon the next actual reading of the 36,562
meter if the reading shows the previous calculation to have been 36,563
in error and set forth the amount of such adjustments in the 36,564
report required to be filed with the tax commissioner under 36,565
division (D) of this section. 36,566
(C) On each billing that is subject to a credit under 36,568
division (A) of this section, there shall appear in ten-point 36,569
type both the amount of the credit and to the left of such amount 36,570
"Ohio Energy Credit." 36,571
(D) On or before the fifteenth day of each month following 36,573
one in which credits were provided under division (A) of this 36,574
831
section, each energy company shall, on a form prescribed by the 36,575
tax commissioner and requesting information that he THE 36,576
COMMISSIONER determines is necessary for the purpose of verifying 36,578
the propriety of the payment of credits, certify to the 36,579
commissioner the total amount of all credits it granted pursuant 36,580
to division (A) of this section during the preceding month. Not 36,581
later than thirty days after his receipt of such certification, 36,582
the commissioner shall pay the company the amount certified. If 36,583
the commissioner determines that a company previously received 36,584
amounts greater than the amounts of credits properly granted, 36,585
such company, upon notice from the commissioner, shall reimburse 36,586
the commissioner in the amount of the overpayments. Such 36,587
reimbursements shall be deposited in the general revenue fund. 36,588
(E)(1) Any energy company that purposely fails to grant 36,590
the credit provided under division (A) of this section is liable 36,591
to each person entitled to the credit and certified to the 36,592
company by the tax commissioner pursuant to division (A) of 36,593
section 5117.08 of the Revised Code in treble the amount of the 36,594
total credit not granted. The consumers' counsel may, on behalf 36,595
of any person or persons not granted the credit, bring an action 36,596
to recover such treble damages in the court of common pleas of 36,597
the county in which is located the office of the company nearest 36,598
the household of any such person or persons. The consumers' 36,599
counsel may also, on behalf of any persons not granted the 36,600
credit, bring a class action to recover such treble damages in 36,601
the court of common pleas of any county in which is located an 36,602
office of the company and, if feasible, in which is located a 36,603
significant number of members of the class. Any treble damage 36,604
recovery under this division does not, in any manner, diminish 36,605
any other liability provided under sections 5117.01 to 5117.12 of 36,606
the Revised Code. Clerical errors shall not be considered an 36,607
offense or incur liability under this division. 36,608
(2) An action shall be brought by the consumers' counsel 36,610
under division (E)(1) of this section only after he THE 36,611
832
CONSUMERS' COUNSEL has made a good faith attempt to dispose of 36,613
the claim by settlement, including a good faith request for only 36,614
such information in the possession of an energy company as is 36,615
needed to determine the existence or extent of such a right of 36,616
action.
(3) Nothing in division (E)(1) of this section shall be 36,618
construed to prevent persons acting without the assistance of the 36,619
consumers' counsel from bringing an action or class action under 36,620
such division. 36,621
Sec. 5119.22. (A)(1) As used in this section: 36,630
(a) "Mental health agency" means a community mental health 36,632
agency as defined in division (H) of section 5122.01 of the 36,633
Revised Code, or a community mental health facility certified by 36,634
the department of mental health pursuant to division (I) of 36,635
section 5119.01 of the Revised Code. 36,636
(b) "Mental health services" means any of the services 36,638
listed in section 340.09 of the Revised Code. 36,639
(c) "Personal care services" means services including, but 36,641
not limited to, the following: 36,642
(i) Assisting residents with activities of daily living; 36,644
(ii) Assisting residents with self-administration of 36,646
medication in accordance with rules adopted under this section; 36,647
(iii) Preparing special diets, other than complex 36,649
therapeutic diets, for residents pursuant to the instructions of 36,650
a physician or a licensed dietitian, in accordance with rules 36,651
adopted under this section. 36,652
"Personal care services" does not include "skilled nursing 36,654
care" as defined in section 3721.01 of the Revised Code. A 36,655
facility need not provide more than one of the services listed in 36,656
division (A)(1)(c) of this section to be considered to be 36,657
providing personal care services. 36,658
(d) "Residential facility" means a publicly or privately 36,660
operated home or facility that provides one of the following: 36,661
(i) Room and board, personal care services, and mental 36,663
833
health services to one or more persons with mental illness or 36,664
persons with severe mental disabilities who are referred by or 36,665
are receiving mental health services from a mental health agency, 36,666
hospital, or practitioner; 36,667
(ii) Room and board and personal care services to one or 36,669
two persons with mental illness or persons with severe mental 36,670
disabilities who are referred by or are receiving mental health 36,671
services from a mental health agency, hospital, or practitioner; 36,672
(iii) Room and board to five or more persons with mental 36,674
illness or persons with severe mental disabilities who are 36,675
referred by or are receiving mental health services from a mental 36,676
health agency, hospital, or practitioner. 36,677
The following are not residential facilities: the 36,679
residence of a relative or guardian of a mentally ill individual, 36,680
a hospital subject to licensure under section 5119.20 of the 36,681
Revised Code, a residential facility as defined in section 36,682
5123.19 of the Revised Code, a facility providing care for a 36,683
child in the custody of a public children services agency or a 36,685
private agency certified under section 5103.03 of the Revised 36,686
Code, a foster care facility subject to section 5103.03 of the 36,688
Revised Code, an adult care facility subject to licensure under 36,689
Chapter 3722. of the Revised Code, and a nursing home, 36,690
residential care facility, or home for the aging subject to 36,691
licensure under section 3721.02 of the Revised Code. 36,692
(2) Nothing in division (A)(1)(d) of this section shall be 36,694
construed to permit personal care services to be imposed on a 36,695
resident who is capable of performing the activity in question 36,696
without assistance. 36,697
(3) Except in the case of a residential facility described 36,699
in division (A)(1)(d)(i) of this section, members of the staff of 36,700
a residential facility shall not administer medication to 36,701
residents, all medication taken by residents of a residential 36,702
facility shall be self-administered, and no person shall be 36,703
admitted to or retained by a residential facility unless the 36,704
834
person is capable of taking the person's own medication and 36,705
biologicals, as determined in writing by the person's personal 36,706
physician. Members of the staff of a residential facility may do 36,707
any of the following: 36,708
(a) Remind a resident when to take medication and watch to 36,710
ensure that the resident follows the directions on the container; 36,711
(b) Assist a resident in the self-administration of 36,713
medication by taking the medication from the locked area where it 36,714
is stored, in accordance with rules adopted pursuant to this 36,715
section, and handing it to the resident. If the resident is 36,716
physically unable to open the container, a staff member may open 36,717
the container for the resident. 36,718
(c) Assist a physically impaired but mentally alert 36,720
resident, such as a resident with arthritis, cerebral palsy, or 36,721
Parkinson's disease, in removing oral or topical medication from 36,722
containers and in consuming or applying the medication, upon 36,723
request by or with the consent of the resident. If a resident is 36,724
physically unable to place a dose of medicine to the resident's 36,726
mouth without spilling it, a staff member may place the dose in a 36,727
container and place the container to the mouth of the resident. 36,728
(B) Every person operating or desiring to operate a 36,730
residential facility shall apply for licensure of the facility to 36,731
the department of mental health and shall send a copy of the 36,732
application to the board of alcohol, drug addiction, and mental 36,733
health services whose service district includes the county in 36,734
which the person operates or desires to operate a residential 36,735
facility. The board shall review such applications and recommend 36,736
approval or disapproval to the department. Each recommendation 36,737
shall be consistent with the board's community mental health 36,738
plan. 36,739
(C) The department of mental health shall inspect and 36,741
license the operation of residential facilities. The department 36,742
shall consider the past record of the facility and the applicant 36,743
or licensee in arriving at its licensure decision. The 36,744
835
department may issue full, probationary, and interim licenses. A 36,745
full license shall expire one year TWO YEARS after the date of 36,746
issuance, a probationary license shall expire in a shorter period 36,748
of time as prescribed by rule adopted by the director of mental 36,749
health pursuant to Chapter 119. of the Revised Code, and an 36,750
interim license shall expire ninety days after the date of 36,751
issuance. The department may refuse to issue or renew and may 36,752
revoke a license if it finds the facility is not in compliance 36,753
with rules adopted by the department pursuant to division (G) of 36,754
this section or if any facility operated by the applicant or 36,755
licensee has had repeated violations of statutes or rules during 36,756
the period of previous licenses. Proceedings initiated to deny 36,757
applications for full or probationary licenses or to revoke such 36,758
licenses are governed by Chapter 119. of the Revised Code. 36,759
(D) The department may issue an interim license to operate 36,761
a residential facility if both of the following conditions are 36,762
met: 36,763
(1) The department determines that the closing of or the 36,765
need to remove residents from another residential facility has 36,766
created an emergency situation requiring immediate removal of 36,767
residents and an insufficient number of licensed beds are 36,768
available. 36,769
(2) The residential facility applying for an interim 36,771
license meets standards established for interim licenses in rules 36,772
adopted by the director under Chapter 119. of the Revised Code. 36,773
An interim license shall be valid for ninety days and may 36,775
be renewed by the director no more than twice. Proceedings 36,776
initiated to deny applications for or to revoke interim licenses 36,777
under this division are not subject to Chapter 119. of the 36,778
Revised Code. 36,779
(E) The department of mental health may conduct an 36,781
inspection of a residential facility: 36,782
(1) Prior to the issuance of a license to a prospective 36,784
operator; 36,785
836
(2) Prior to the renewal of any operator's license; 36,787
(3) To determine whether a facility has completed a plan 36,789
of correction required pursuant to this division and corrected 36,790
deficiencies to the satisfaction of the department and in 36,791
compliance with this section and rules adopted pursuant to it; 36,792
(4) Upon complaint by any individual or agency; 36,794
(5) At any time the director considers an inspection to be 36,796
necessary in order to determine whether a residential facility is 36,797
in compliance with this section and rules adopted pursuant to 36,798
this section. 36,799
In conducting inspections the department may conduct an 36,801
on-site examination and evaluation of the residential facility, 36,802
its personnel, activities, and services. The department shall 36,803
have access to examine all records, accounts, and any other 36,804
documents relating to the operation of the residential facility, 36,805
and shall have access to the facility in order to conduct 36,806
interviews with the operator, staff, and residents. Following 36,807
each inspection and review, the department shall complete a 36,808
report listing any deficiencies, and including, when appropriate, 36,809
a time table within which the operator shall correct the 36,810
deficiencies. The department may require the operator to submit 36,811
a plan of correction describing how the deficiencies will be 36,812
corrected. 36,813
(F) No person shall do any of the following: 36,815
(1) Operate a residential facility unless the facility 36,817
holds a valid license; 36,818
(2) Violate any of the conditions of licensure after 36,820
having been granted a license; 36,821
(3) Interfere with a state or local official's inspection 36,823
or investigation of a residential facility; 36,824
(4) Violate any of the provisions of this section or any 36,826
rules adopted pursuant to this section. 36,827
(G) The director shall adopt and may amend and rescind 36,829
rules pursuant to Chapter 119. of the Revised Code, prescribing 36,830
837
minimum standards for the health, safety, adequacy, and cultural 36,831
specificity and sensitivity of treatment of and services for 36,832
persons in residential facilities; establishing procedures for 36,833
the issuance, renewal or revocation of the licenses of such 36,834
facilities; establishing the maximum number of residents of a 36,835
facility; establishing the rights of residents and procedures to 36,836
protect such rights; and requiring an affiliation agreement 36,837
approved by the board between a residential facility and a mental 36,838
health agency. Such affiliation agreement must be consistent 36,839
with the residential portion of the community mental health plan 36,840
submitted pursuant to section 340.03 of the Revised Code. 36,841
(H) The department may investigate any facility that has 36,843
been reported to the department or that the department has 36,844
reasonable cause to believe is operating as a residential 36,845
facility without a valid license. 36,846
(I) The department may withhold the source of any 36,848
complaint reported as a violation of this act when the department 36,849
determines that disclosure could be detrimental to the 36,850
department's purposes or could jeopardize the investigation. The 36,851
department may disclose the source of any complaint if the 36,852
complainant agrees in writing to such disclosure and shall 36,853
disclose the source upon order by a court of competent 36,854
jurisdiction. 36,855
(J) The director of mental health may petition the court 36,857
of common pleas of the county in which a residential facility is 36,858
located for an order enjoining any person from operating a 36,859
residential facility without a license or from operating a 36,860
licensed facility when, in the director's judgment, there is a 36,861
real and present danger to the health or safety of any of the 36,862
occupants of the facility. The court shall have jurisdiction to 36,863
grant such injunctive relief upon a showing that the respondent 36,864
named in the petition is operating a facility without a license 36,865
or there is a real and present danger to the health or safety of 36,866
any residents of the facility. 36,867
838
(K) Whoever violates division (F) of this section or any 36,869
rule adopted under this section is liable for a civil penalty of 36,870
one hundred dollars for the first offense; for each subsequent 36,871
offense, such violator is liable for a civil penalty of five 36,872
hundred dollars. If the violator does not pay, the attorney 36,873
general, upon the request of the director of mental health, shall 36,874
bring a civil action to collect the penalty. Fines collected 36,875
pursuant to this section shall be deposited into the state 36,876
treasury to the credit of the mental health sale of goods and 36,877
services fund. 36,878
Sec. 5119.61. Any provision in this chapter that refers to 36,887
a board of alcohol, drug addiction, and mental health services 36,888
also refers to the community mental health board in an alcohol, 36,889
drug addiction, and mental health service district that has a 36,890
community mental health board. 36,891
The director of mental health with respect to all 36,893
facilities and programs established and operated under Chapter 36,894
340. of the Revised Code for mentally ill and emotionally 36,895
disturbed persons, shall: 36,896
(A) Make ADOPT such rules pursuant to Chapter 119. of the 36,898
Revised Code as may be necessary to carry out the purposes of 36,899
Chapter 340. and sections 5119.61 to 5119.63 of the Revised 36,901
Code;.
(1) THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 36,903
(a) RULES GOVERNING A COMMUNITY MENTAL HEALTH AGENCY'S 36,905
SERVICES UNDER SECTION 340.091 OF THE REVISED CODE TO AN 36,906
INDIVIDUAL REFERRED TO THE AGENCY UNDER DIVISION (C)(2) OF 36,907
SECTION 173.35 OF THE REVISED CODE; 36,908
(b) FOR THE PURPOSE OF DIVISION (A)(14) OF SECTION 340.03 36,911
OF THE REVISED CODE, RULES GOVERNING THE DUTIES OF MENTAL HEALTH 36,914
AGENCIES AND BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH
SERVICES UNDER SECTION 3722.18 OF THE REVISED CODE REGARDING 36,917
REFERRALS OF INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL 36,918
DISABILITY TO ADULT CARE FACILITIES AND EFFECTIVE ARRANGEMENTS 36,919
839
FOR ONGOING MENTAL HEALTH SERVICES FOR THE INDIVIDUALS. THE
RULES SHALL DO AT LEAST THE FOLLOWING: 36,920
(i) PROVIDE FOR AGENCIES AND BOARDS TO PARTICIPATE FULLY 36,922
IN THE PROCEDURES OWNERS AND MANAGERS OF ADULT CARE FACILITIES 36,923
MUST FOLLOW UNDER DIVISION (A)(2) OF SECTION 3722.18 OF THE 36,924
REVISED CODE;
(ii) SPECIFY THE MANNER IN WHICH BOARDS ARE ACCOUNTABLE 36,926
FOR ENSURING THAT ONGOING MENTAL HEALTH SERVICES ARE EFFECTIVELY 36,927
ARRANGED FOR INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL 36,928
DISABILITY WHO ARE REFERRED BY THE BOARD OR MENTAL HEALTH AGENCY 36,929
UNDER CONTRACT WITH THE BOARD TO AN ADULT CARE FACILITY. 36,930
(c) RULES GOVERNING A BOARD OF ALCOHOL, DRUG ADDICTION, 36,932
AND MENTAL HEALTH SERVICES WHEN MAKING A REPORT UNDER SECTION 36,933
3722.17 OF THE REVISED CODE REGARDING THE QUALITY OF CARE AND 36,934
SERVICES PROVIDED BY AN ADULT CARE FACILITY TO A PERSON WITH 36,935
MENTAL ILLNESS OR A SEVERE MENTAL DISABILITY. 36,936
(2) RULES MAY BE ADOPTED TO GOVERN THE METHOD OF PAYING A 36,938
COMMUNITY MENTAL HEALTH FACILITY DESCRIBED IN DIVISION (B) OF 36,939
SECTION 5111.022 OF THE REVISED CODE FOR PROVIDING SERVICES 36,940
ESTABLISHED BY DIVISION (A) OF THAT SECTION. SUCH RULES MUST BE 36,941
CONSISTENT WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS 36,942
OF HUMAN SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT 36,943
SECTION.
(B) Adopt rules requiring each public or private agency 36,945
providing mental health services or facilities under a contract 36,946
with a board of alcohol, drug addiction, and mental health 36,947
services and any program operated by such a board to have a 36,948
written policy that addresses the rights of clients including: 36,949
(1) The right to a copy of the agency's policy of client 36,951
rights; 36,952
(2) The right at all times to be treated with 36,954
consideration and respect for his THE CLIENT'S privacy and 36,955
dignity; 36,956
(3) The right to have access to his THE CLIENT'S own 36,958
840
psychiatric, medical, or other treatment records unless access is 36,959
specifically restricted in the client's treatment plan for clear 36,960
treatment reasons; 36,961
(4) The right to have a client rights officer provided by 36,963
the board or agency advise him THE CLIENT of his THE CLIENT'S 36,965
rights, including his THE CLIENT'S rights under Chapter 5122. of 36,966
the Revised Code if he THE CLIENT is committed to the board or 36,967
agency.
(C) Require each board of alcohol, drug addiction, and 36,969
mental health services to ensure that each contract agency 36,970
establishes grievance procedures available to all recipients of 36,971
services or applicants for services; 36,972
(D) Define minimum standards for qualifications of 36,974
personnel, professional services, and mental health 36,975
professionals, as that term is defined in section 340.02 of the 36,976
Revised Code; 36,977
(E) Review and evaluate, and, taking into account the 36,979
findings and recommendations of the board of alcohol, drug 36,980
addiction, and mental health services of the district served by 36,981
the program and the requirements and priorities of the state 36,982
mental health plan, including the needs of residents of the 36,983
district now residing in state mental institutions, approve and 36,984
allocate funds to support community programs, and make 36,985
recommendations for needed improvements to boards of alcohol, 36,986
drug addiction, and mental health services; 36,987
(F) Withhold state and federal funds for any program, in 36,989
whole or in part, from a board of alcohol, drug addiction, and 36,990
mental health services in the event of failure of that program to 36,991
comply with Chapter 340. or section 5119.61 or 5119.62 of the 36,992
Revised Code or rules of the department of mental health. The 36,993
director shall identify the areas of noncompliance and the action 36,994
necessary to achieve compliance. The director shall offer 36,995
technical assistance to the board to achieve compliance. The 36,996
director shall give the board a reasonable time within which to 36,997
841
comply or to present its position that it is in compliance. 36,998
Before withholding funds, a hearing shall be conducted to 36,999
determine if there are continuing violations and that either 37,000
assistance is rejected or the board is unable to achieve 37,001
compliance. Subsequent to the hearing process, if it is 37,002
determined that compliance has not been achieved, the director 37,003
may allocate all or part of the withheld funds to a public or 37,004
private agency, to provide the services not in compliance, until 37,005
such time as there is compliance. The director shall establish 37,006
rules pursuant to Chapter 119. of the Revised Code to implement 37,007
this division. 37,008
(G) Withhold state or federal funds from a board of 37,010
alcohol, drug addiction, and mental health services that denies 37,011
available service on the basis of religion, race, color, creed, 37,012
sex, national origin, age, physical or mental handicap, 37,013
developmental disability, or the inability to pay; 37,014
(H) Provide consultative services to community mental 37,016
health programs, with the knowledge and cooperation of the board 37,017
of alcohol, drug addiction, and mental health services; 37,018
(I) Provide to boards of alcohol, drug addiction, and 37,020
mental health services state or federal funds, in addition to 37,021
those allocated under section 5119.62 of the Revised Code, for 37,022
special programs or projects the director considers necessary, 37,023
but for which local funds are not available; 37,024
(J) Establish criteria by which a board of alcohol, drug 37,026
addiction, and mental health services reviews and evaluates the 37,027
quality, effectiveness, and efficiency of services provided 37,028
through its community mental health plan. The department shall 37,029
assess a board's evaluation of services and the compliance of 37,030
each board with this section, Chapter 340., or section 5119.62 of 37,031
the Revised Code and other state or federal law and regulations. 37,032
The department, in cooperation with the board, periodically shall 37,033
review and evaluate the quality, effectiveness, and efficiency of 37,034
services provided through each board. The department shall 37,035
842
collect such information as is necessary to perform these 37,036
functions. 37,037
(K) Develop and operate a community mental health 37,039
information system. 37,040
Boards of alcohol, drug abuse, and mental health services 37,042
shall submit information requested by the department in the form 37,043
and manner prescribed by the department. Information collected 37,044
by the department shall include, but not be limited to: 37,045
(1) Information regarding units of services provided in 37,047
whole or in part under contract with a board, including diagnosis 37,048
and special needs, demographic information, the number of units 37,049
of service provided, past treatment, financial status, and 37,050
service dates in accordance with rules adopted by the department 37,051
in accordance with Chapter 119. of the Revised Code; 37,052
(2) Financial information other than price or 37,054
price-related data regarding expenditures of boards and community 37,055
mental health agencies, including units of service provided, 37,056
budgeted and actual expenses by type, and sources of funds. 37,057
Boards shall submit the information specified in division 37,059
(K)(1) of this section no less frequently than annually for each 37,060
client, and each time the client's case is opened or closed. The 37,061
department shall not collect any information for the purpose of 37,062
identifying by name any person who receives a service through a 37,063
board of alcohol, drug addiction, and mental health services, 37,064
except as required by state or federal law to validate 37,065
appropriate reimbursement. For the purposes of division (K)(1) 37,066
of this section, the department shall use an identification 37,067
system that is consistent with applicable nationally recognized 37,068
standards. 37,069
(L) Review each board's plan submitted pursuant to section 37,071
340.03 of the Revised Code and approve or disapprove it in whole 37,072
or in part. Periodically, in consultation with representatives 37,073
of boards and after considering the recommendations of the 37,074
medical director, the director shall issue criteria for 37,075
843
determining when a plan is complete, criteria for plan approval 37,076
or disapproval, and provisions for conditional approval. The 37,077
factors that the director considers may include, but are not 37,078
limited to, the following: 37,079
(1) The mental health needs of all persons residing within 37,081
the board's service district, especially severely mentally 37,082
disabled children, adolescents, and adults; 37,083
(2) The demonstrated quality, effectiveness, efficiency, 37,085
and cultural relevance of the services provided in each service 37,086
district, the extent to which any services are duplicative of 37,087
other available services, and whether the services meet the needs 37,088
identified above; 37,089
(3) The adequacy of the board's accounting for the 37,091
expenditure of funds. 37,092
If the director disapproves all or part of any plan, he THE 37,094
DIRECTOR shall provide the board an opportunity to present its 37,095
position. The director shall inform the board of the reasons for 37,096
the disapproval and of the criteria that must be met before the 37,097
plan may be approved. The director shall give the board a 37,098
reasonable time within which to meet the criteria, and shall 37,099
offer technical assistance to the board to help it meet the 37,100
criteria.
If the approval of a plan remains in dispute thirty days 37,102
prior to the conclusion of the fiscal year in which the board's 37,103
current plan is scheduled to expire, the board or the director 37,104
may request that the dispute be submitted to a mutually agreed 37,105
upon third-party mediator with the cost to be shared by the board 37,106
and the department. The mediator shall issue to the board and 37,107
the department recommendations for resolution of the dispute. 37,108
Prior to the conclusion of the fiscal year in which the current 37,109
plan is scheduled to expire, the director, taking into 37,110
consideration the recommendations of the mediator, shall make a 37,111
final determination and approve or disapprove the plan, in whole 37,112
or in part. 37,113
844
(M) Visit and evaluate any community mental health 37,115
program, agency, or facility, in cooperation with a board of 37,116
alcohol, drug addiction, and mental health services, to determine 37,117
if the services meet minimum standards pursuant to division (G) 37,118
of section 5119.01 of the Revised Code. If the director 37,119
determines that the services meet minimum standards, he THE 37,120
DIRECTOR shall so certify. 37,121
If the director determines that the services of any 37,123
program, agency, or facility that has a contract with a board do 37,124
not meet minimum standards, he THE DIRECTOR shall identify the 37,125
areas of noncompliance, specify what action is necessary to meet 37,127
the standards, and offer technical assistance to the board so 37,128
that it may assist the program, agency, or facility to meet 37,129
minimum standards. The director shall give the board a 37,130
reasonable time within which to demonstrate that the services 37,131
meet minimum standards or to bring the program or facility into 37,132
compliance with the standards. If the director concludes that 37,133
the services continue to fail to meet minimum standards, the 37,134
director may request that the board reallocate the funds for 37,135
those services to another program, agency, or facility which 37,136
meets minimum standards. If the board does not reallocate those 37,137
funds in a reasonable period of time, the director may withhold 37,138
state and federal funds for the services and allocate those funds 37,139
directly to a public or private agency that meets minimum 37,140
standards.
Each program, agency, and facility shall pay a fee for the 37,142
certification review required by this division. Fees shall be 37,143
paid into the sale of goods and services fund created pursuant to 37,144
section 5119.161 of the Revised Code. 37,145
The director shall adopt rules under Chapter 119. of the 37,147
Revised Code to implement this division. The rules shall do all 37,148
of the following: 37,149
(1) Establish the process for certification of services of 37,151
programs, agencies, or facilities; 37,152
845
(2) Set the amount of certification review fees based on a 37,154
portion of the cost of performing the review; 37,155
(3) Specify the type of notice and hearing to be provided 37,157
prior to a decision whether to reallocate funds. 37,158
Sec. 5119.631. (A) THIS SECTION APPLIES TO A BOARD OF 37,160
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, ANOTHER 37,162
GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT ORGANIZATION THAT 37,163
RECEIVED A GRANT OR REIMBURSEMENT UNDER SECTION 5119.63 OF THE 37,164
REVISED CODE FOR A FACILITY ON WHICH THE DEPARTMENT OF MENTAL 37,166
HEALTH HOLDS A SECURITY INTEREST. 37,167
(B) A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 37,169
SERVICES, ANOTHER GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT 37,170
ORGANIZATION TO WHICH THIS SECTION APPLIES MAY APPLY TO THE 37,171
DIRECTOR OF MENTAL HEALTH FOR APPROVAL TO SELL ITS FACILITY AND 37,172
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY PURSUANT 37,173
TO THIS SECTION. THE DIRECTOR SHALL PRESCRIBE THE FORM OF THE 37,174
APPLICATION. BEFORE SUBMITTING AN APPLICATION TO THE DIRECTOR, A 37,175
GOVERNMENTAL ENTITY OR PRIVATE, NONPROFIT ORGANIZATION MUST 37,176
OBTAIN APPROVAL OF THE APPLICATION FROM THE BOARD OF ALCOHOL, 37,177
DRUG ADDICTION, AND MENTAL HEALTH SERVICES WITH JURISDICTION OVER 37,178
THE SERVICE DISTRICT IN WHICH THE EXISTING FACILITY IS LOCATED. 37,179
THE DIRECTOR SHALL APPROVE AN APPLICATION FOR A REPLACEMENT 37,180
PROJECT UPON DETERMINING THAT THE PROJECT PROVIDES FOR THE 37,181
CONTINUATION OF APPROPRIATE MENTAL HEALTH SERVICES TO THE 37,182
POPULATION SERVED BY THE BOARD, ENTITY, OR ORGANIZATION. 37,183
(C) A BOARD, ENTITY, OR ORGANIZATION THAT OBTAINS APPROVAL 37,185
FOR A PROJECT UNDER DIVISION (B) OF THIS SECTION SHALL PAY THE 37,186
PROCEEDS OF THE SALE OF ITS FACILITY TO THE DIRECTOR OF MENTAL 37,187
HEALTH. THE DIRECTOR SHALL DEPOSIT THE PROCEEDS TO THE CREDIT OF 37,188
THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND. 37,189
(D) WHEN A BOARD, ENTITY, OR ORGANIZATION THAT HAS SOLD 37,191
ITS FACILITY NOTIFIES THE DIRECTOR OF MENTAL HEALTH THAT IT IS 37,192
READY TO ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY,
THE DIRECTOR SHALL DO ONE OF THE FOLLOWING: 37,193
846
(1) IF THE REPLACEMENT FACILITY IS LOCATED IN THE SAME 37,195
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT AS 37,196
THE ORIGINAL FACILITY, AND IF THE PURPOSES FOR WHICH THE 37,197
REPLACEMENT FACILITY WILL BE USED ARE THE SAME AS OR SIMILAR TO 37,198
THOSE FOR THE ORIGINAL FACILITY, THE DIRECTOR SHALL PAY TO THE 37,200
BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY CAPITAL 37,201
REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE LESSER OF AN 37,202
AMOUNT EQUAL TO THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY 37,203
OR THE AMOUNT OF THE STATE'S AGREED-UPON PARTICIPATION (AS A PER 37,204
CENT OF THE TOTAL COST) IN THE COST OF THE REPLACEMENT FACILITY. 37,205
IF THE AMOUNT OF THE STATE'S AGREED-UPON PARTICIPATION IN THE 37,206
COST OF THE REPLACEMENT FACILITY IS LESS THAN THE VALUE OF THE 37,207
STATE'S SECURITY INTEREST IN THE ORIGINAL FACILITY, THE 37,208
DIFFERENCE BETWEEN THE STATE'S AGREED-UPON PARTICIPATION IN THE 37,209
COST OF THE REPLACEMENT FACILITY AND THE VALUE OF THE STATE'S 37,210
SECURITY INTEREST IN THE ORIGINAL FACILITY SHALL BE RETAINED IN 37,211
THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND, AND ANY EXCESS 37,212
PROCEEDS SHALL BE PAID TO THE BOARD, ENTITY, OR ORGANIZATION. 37,213
(2) IF THE REPLACEMENT FACILITY IS LOCATED IN A DIFFERENT 37,215
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT THAN 37,216
THE ORIGINAL FACILITY, OR IF THE PURPOSES FOR WHICH THE 37,217
REPLACEMENT FACILITY WILL BE USED ARE NOT THE SAME AS OR SIMILAR 37,218
TO THOSE FOR THE ORIGINAL FACILITY, THE DIRECTOR SHALL REQUEST 37,220
CONTROLLING BOARD APPROVAL FOR RELEASE OF FUNDS FOR THE PROJECT. 37,221
IF THE CONTROLLING BOARD SO APPROVES, THE DIRECTOR SHALL PAY TO 37,222
THE BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY CAPITAL 37,223
REPLACEMENT FACILITIES FUND THE LESSER OF AN AMOUNT EQUAL TO THE 37,224
PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY OR THE AMOUNT OF 37,226
THE STATE'S AGREED-UPON PARTICIPATION (AS A PER CENT OF THE TOTAL 37,227
COST) IN THE COST OF THE REPLACEMENT FACILITY. IF THE AMOUNT OF 37,228
THE STATE'S AGREED-UPON PARTICIPATION IN THE COST OF THE
REPLACEMENT FACILITY IS LESS THAN THE VALUE OF THE STATE'S 37,229
SECURITY INTEREST IN THE ORIGINAL FACILITY, THE DIFFERENCE 37,230
BETWEEN THE STATE'S AGREED-UPON PARTICIPATION IN THE COST OF THE 37,231
847
REPLACEMENT FACILITY AND THE VALUE OF THE STATE'S SECURITY 37,232
INTEREST IN THE ORIGINAL FACILITY SHALL BE RETAINED IN THE 37,233
COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND, AND ANY EXCESS 37,234
PROCEEDS SHALL BE PAID TO THE BOARD, ENTITY, OR ORGANIZATION. 37,235
(E) THE DIRECTOR OF MENTAL HEALTH AND A BOARD, ENTITY, OR 37,237
ORGANIZATION SHALL ENTER INTO AN AGREEMENT SPECIFYING THE TERMS 37,238
OF ANY PAYMENT MADE TO THE BOARD, ENTITY, OR ORGANIZATION UNDER 37,239
DIVISION (D) OF THIS SECTION. THE TERMS MAY INCLUDE PROVISION 37,240
FOR THE DEPARTMENT OF MENTAL HEALTH TO HOLD A SECURITY INTEREST 37,241
IN THE FACILITY. 37,242
(F)(1) WHEN APPROVING AN APPLICATION UNDER DIVISION (B) OF 37,244
THIS SECTION, THE DIRECTOR OF MENTAL HEALTH SHALL ESTABLISH A 37,245
DEADLINE BY WHICH THE BOARD, ENTITY, OR ORGANIZATION MUST NOTIFY
THE DIRECTOR THAT IT IS READY TO ACQUIRE, CONSTRUCT, OR RENOVATE 37,246
A REPLACEMENT FACILITY. IF THE BOARD, ENTITY, OR ORGANIZATION 37,247
DOES NOT NOTIFY THE DIRECTOR ON OR BEFORE THE DEADLINE, THE 37,248
DIRECTOR MAY CANCEL THE PROJECT. UPON CANCELING THE PROJECT, THE 37,249
DIRECTOR SHALL PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE 37,250
COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO 37,251
THE PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY 37,252
THAT EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 37,253
FACILITY.
(2) NOTWITHSTANDING THE DEADLINE ESTABLISHED UNDER 37,255
DIVISION (F)(1) OF THIS SECTION, IF AT ANY TIME A BOARD, ENTITY, 37,256
OR ORGANIZATION NOTIFIES THE DIRECTOR THAT IT DOES NOT INTEND TO 37,257
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY UNDER THIS 37,258
SECTION, THE DIRECTOR SHALL CANCEL THE REPLACEMENT PROJECT AND 37,259
PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY 37,260
CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE 37,261
PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY THAT 37,262
EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 37,263
FACILITY.
(G) IF A REPLACEMENT PROJECT IS CANCELED AFTER THE SALE OF 37,265
THE ORIGINAL FACILITY, THE DIRECTOR OF MENTAL HEALTH SHALL USE 37,266
848
FUNDS EQUAL TO THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 37,267
ORIGINAL FACILITY FOR ADDITIONAL GRANTS OR REIMBURSEMENTS UNDER 37,268
SECTION 5119.63 OF THE REVISED CODE. THE DIRECTOR SHALL OBTAIN 37,269
THE APPROVAL OF THE CONTROLLING BOARD BEFORE RELEASING THE 37,270
ADDITIONAL GRANTS OR REIMBURSEMENTS. 37,271
(H) THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND IS 37,273
HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF MENTAL 37,274
HEALTH SHALL USE THE FUND FOR THE PURPOSES OF THIS SECTION. 37,275
Sec. 5120.14. (A) If a person who was convicted of or 37,284
pleaded guilty to an offense of violence that is a felony escapes 37,285
from a correctional institution in this state under the control 37,287
of the department of rehabilitation and correction or otherwise 37,288
escapes from the custody of the department, the department 37,289
immediately after the escape shall cause notice of REPORT the 37,290
escape, BY TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT 37,291
AGENCIES WITH JURISDICTION IN THE COUNTY IN WHICH THE INSTITUTION 37,292
FROM WHICH THE ESCAPE WAS MADE OR TO WHICH THE PERSON WAS 37,295
SENTENCED IS LOCATED, TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH 37,296
JURISDICTION IN THE COUNTY IN WHICH THE PERSON WAS CONVICTED OR 37,297
PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED PERSON WAS
SENTENCED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 37,298
ATTORNEY OF THE COUNTY IN WHICH THE INSTITUTION FROM WHICH THE 37,299
ESCAPE WAS MADE OR TO WHICH THE PERSON WAS SENTENCED IS LOCATED, 37,300
TO THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PERSON WAS 37,301
CONVICTED OR PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED 37,302
PERSON WAS SENTENCED, to be published in a newspaper of general 37,304
circulation in the county in which the institution from which the 37,305
escape was made or to which the person was sentenced is located, 37,306
and in TO a newspaper of general circulation in each county in 37,308
which the escaped person was indicted for an offense of violence 37,309
that is a felony for which, at the time of the escape, he THE 37,310
ESCAPED PERSON had been sentenced to that institution. The 37,311
department also immediately shall give notice of the escape by 37,313
telephone and in writing to the prosecuting attorney of each 37,314
849
county in which the escaped person was indicted for an offense of 37,315
violence that is a felony for which, at the time of the escape, 37,316
he had been sentenced to that institution. Upon THE WRITTEN 37,317
NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. A 37,318
FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF SECTION 37,319
2921.22 OF THE REVISED CODE.
(B) UPON the apprehension of the escaped person, the 37,323
department shall give notice of the apprehension by telephone and 37,324
in writing to the same prosecuting attorneys PERSONS who were 37,325
given notice of the escape UNDER DIVISION (A) OF THIS SECTION. 37,327
Sec. 5121.03. As used in this chapter: 37,336
(A) "Patient" means a person receiving care or treatment 37,338
in a program or facility that provides services to mentally ill 37,339
individuals. 37,340
(B) "The department" means the department of mental health 37,342
or the department of mental retardation and developmental 37,343
disabilities, whichever provides care or treatment to the 37,344
patient. 37,345
(C) "Resident" means a person admitted to an institution 37,347
or other facility pursuant to Chapter 5123. of the Revised Code 37,348
who is under observation or receiving habilitation and care in an 37,349
institution for the mentally retarded. 37,350
(D) "STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES" 37,352
MEANS COMMUNITY-BASED SERVICES THE DEPARTMENT OF MENTAL HEALTH 37,353
OPERATES FOR A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 37,355
HEALTH SERVICES PURSUANT TO A COMMUNITY MENTAL HEALTH PLAN
APPROVED UNDER DIVISION (A)(1)(c) OF SECTION 340.03 OF THE 37,357
REVISED CODE.
(E) "APPLICABLE COST" MEANS THE RATE FOR SUPPORT 37,359
APPLICABLE TO A PATIENT OR RESIDENT AS SPECIFIED IN THIS SECTION. 37,360
The rate COST for support of patients in hospitals and 37,362
residents in institutions under the jurisdiction of the 37,363
department of mental health or the department of mental 37,364
retardation and developmental disabilities, and of patients or 37,365
850
residents in private facilities or homes whose care or treatment 37,366
is being paid for by either THE department OF MENTAL RETARDATION 37,367
AND DEVELOPMENTAL DISABILITIES, shall be based on the average per 37,368
capita cost of the care and treatment of such patients or 37,369
residents. The cost of services for mentally ill patients or 37,370
mentally retarded residents shall be computed using the projected 37,371
average daily per capita cost at the hospital or institution, or 37,372
at the discretion of the department under the jurisdiction of 37,373
which the hospital or institution is operated, the subunit 37,374
thereof in which services are provided. Such costs shall be 37,375
computed at least annually for the next prospective period using 37,376
generally accepted governmental accounting principles. The cost 37,377
of services for mentally retarded residents that are being cared 37,378
for and maintained in a private facility or home under the 37,379
supervision of the department of mental retardation and 37,380
developmental disabilities regional offices and for which a 37,381
purchase of services contract is being paid to the private 37,382
facility or home by the department shall not be more than the per 37,383
diem cost of the contract. The cost of services for a resident 37,384
receiving pre-admission care, after-care, day-care, or routine 37,385
consultation and treatment services in a community service unit 37,386
under the jurisdiction of the department, shall be computed on 37,387
the basis of the average cost of such services at the institution 37,388
at which they are provided. The rate of support for a mentally 37,389
ill patient or a mentally retarded resident shall be that 37,390
percentage of the average per capita cost at the hospital or 37,391
institution at which such patient or resident receives care, in 37,392
accordance with section 5121.04 of the Revised Code. The 37,393
THE COST FOR SUPPORT OF A PATIENT RECEIVING STATE-OPERATED 37,395
COMMUNITY MENTAL HEALTH SERVICES IS AN AMOUNT DETERMINED USING 37,396
GUIDELINES THE DEPARTMENT OF MENTAL HEALTH SHALL ISSUE. THE 37,397
GUIDELINES SHALL BE BASED ON COST-FINDINGS AND RATE-SETTINGS 37,398
APPLICABLE TO SUCH SERVICES. 37,399
THE department shall annually determine the ability to pay 37,401
851
of a patient or resident or his THE PATIENT'S OR RESIDENT'S 37,402
liable relatives and the amount that such person shall pay in 37,404
accordance with section 5121.04 of the Revised Code. 37,405
Collections of support payments shall be made by the 37,407
department of mental health and the department of mental 37,408
retardation and developmental disabilities and, subject to 37,409
meeting prior requirements for payment and crediting of such 37,410
collections and other available receipts, in accordance with the 37,411
bond proceedings applicable to obligations issued pursuant to 37,412
section 154.20 of the Revised Code, such collections and other 37,413
available receipts designated by the director of the department 37,414
of mental health and the director of the department of mental 37,415
retardation and developmental disabilities for deposit in the 37,416
special accounts, together with insurance contract payments 37,417
provided for in division (B)(8) of section 5121.04 of the Revised 37,418
Code, shall be remitted to the treasurer of state for deposit in 37,419
the state treasury to the credit of the mental health operating 37,420
fund and the mental retardation operating fund, which are hereby 37,421
created, to be used for the general purposes of the department of 37,422
mental health and the department of mental retardation and 37,423
developmental disabilities. The department of mental health 37,424
shall make refunds of overpayment of support charges from the 37,425
mental health operating fund, and the department of mental 37,426
retardation and developmental disabilities shall make refunds of 37,427
overpayment of support charges from the mental retardation 37,428
operating fund. 37,429
Sec. 5121.04. (A) The department of mental health and the 37,439
department of mental retardation and developmental disabilities 37,440
shall investigate the financial condition of the patients in 37,441
hospitals and residents in institutions, and those RESIDENTS 37,442
whose care or treatment is being paid for in a private facility 37,443
or home under the department's control OF THE DEPARTMENT OF 37,444
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, and of the 37,445
relatives named in section 5121.06 of the Revised Code as liable 37,446
852
for the support of such patients or residents, in order to 37,447
determine the ability of any patient, resident, or such relatives 37,448
to pay for the support of the patient or resident and to provide 37,449
suitable clothing as required by the superintendent of the 37,450
institution.
THE DEPARTMENT OF MENTAL HEALTH SHALL INVESTIGATE THE 37,452
FINANCIAL CONDITION OF PATIENTS RECEIVING STATE-OPERATED 37,453
COMMUNITY MENTAL HEALTH SERVICES AND OF THE LIABLE RELATIVES TO 37,454
DETERMINE THE PATIENT'S OR RELATIVE'S ABILITY TO PAY FOR THE 37,455
PATIENT'S SUPPORT. In all cases, in determining ability to pay 37,457
and the amount to be charged, due regard shall be had for others 37,458
who may be dependent for support upon such relatives or the 37,459
estate of the patient.
(B) The department shall follow the provisions of this 37,461
division in determining the ability to pay of a patient or 37,462
resident or the patient's or resident's liable relatives and the 37,464
amount to be charged such patient or resident or liable 37,465
relatives.
(1) Subject to divisions (B)(10) and (11) of this section, 37,468
a patient or resident without dependents shall be liable for the 37,469
full per capita APPLICABLE cost. A patient or resident without 37,470
dependents who has a gross annual income equal to or exceeding 37,472
the sum of the full per capita APPLICABLE cost as determined 37,473
under section 5121.03 of the Revised Code, plus fifty dollars per 37,475
month, regardless of the source of such income, shall pay 37,476
currently the full amount of the per capita APPLICABLE cost; if 37,477
the patient's or resident's gross annual income is less than such 37,478
sum, not more than fifty dollars per month shall be kept for 37,479
personal use by or on behalf of the patient or resident, except 37,480
as permitted in the state plan for providing medical assistance 37,481
under Title XIX of the "Social Security Act," 49 Stat. 620 37,482
(1935), 42 U.S.C. 301, as amended, and the balance shall be paid 37,483
currently on the patient's or resident's support. Subject to 37,485
divisions (B)(10) and (11) of this section, the estate of a 37,486
853
patient or resident without dependents shall pay currently any 37,487
remaining difference between the per capita APPLICABLE cost and 37,488
the amounts prescribed in this section, or shall execute an 37,490
agreement with the department for payment to be made at some 37,491
future date under terms suitable to the department. However, no 37,492
security interest, mortgage, or lien shall be taken, granted, or 37,493
charged against any principal residence of a patient or resident 37,494
without dependents under an agreement or otherwise to secure 37,495
support payments, and no foreclosure actions shall be taken on 37,496
security interests, mortgages, or liens taken, granted, or 37,497
charged against principal residences of patients or residents
prior to October 7, 1977. 37,498
(2) The ability to pay of a patient or resident with 37,500
dependents, or of a liable relative of a patient or resident 37,501
either with or without dependents, shall be determined in 37,502
accordance with the patient's, resident's, or liable relative's 37,504
income or other assets, the needs of others who are dependent on 37,505
such income and other assets for support, and, if applicable, 37,506
divisions (B)(10) and (11) of this section. 37,507
For the first thirty days of care and treatment of each 37,509
admission AND FOR THE FIRST THIRTY DAYS OF CARE AND TREATMENT 37,510
FROM STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, but in no 37,511
event for more than thirty days in any calendar year, the 37,513
mentally ill patient or mentally retarded resident with 37,514
dependents or the liable relative of a mentally ill patient or a 37,515
mentally retarded resident either with or without dependents 37,516
shall be charged an amount equal to the percentage of the average 37,517
per capita APPLICABLE cost determined in accordance with the 37,518
schedule of adjusted gross annual income contained after this 37,519
paragraph. After such first thirty days of care and treatment, 37,520
such mentally ill patient or mentally retarded resident or such 37,521
liable relative shall be charged an amount equal to the 37,522
percentage of a base support rate of four dollars per day for 37,523
mentally ill patients and mentally retarded residents, as 37,524
854
determined in accordance with the schedule of gross annual income 37,525
contained after this paragraph, or in accordance with division 37,526
(B)(5) of this section. Beginning January 1, 1978, the 37,527
department shall increase the base rate when the consumer price 37,528
index average is more than 4.0 for the preceding calendar year by 37,529
not more than the average for such calendar year. 37,530
Adjusted Gross 37,532
Annual Income of
Patient or
Resident or
Liable Relative
(FN a) Number of Dependents (FN b) 37,533
1 2 3 4 5 6 7 8 or 37,542
more
Rate of Support (In Percentages) 37,543
$15,000 or less -- -- -- -- -- -- -- -- 37,545
15,001 to 17,500 20 -- -- -- -- -- -- -- 37,547
17,501 to 20,000 25 20 -- -- -- -- -- -- 37,549
20,001 to 21,000 30 25 20 -- -- -- -- -- 37,551
21,001 to 22,000 35 30 25 20 -- -- -- -- 37,553
22,001 to 23,000 40 35 30 25 20 -- -- -- 37,555
23,001 to 24,000 45 40 35 30 25 20 -- -- 37,557
24,001 to 25,000 50 45 40 35 30 25 20 -- 37,559
25,001 to 26,000 55 50 45 40 35 30 25 20 37,561
26,001 to 27,000 60 55 50 45 40 35 30 25 37,563
27,001 to 28,000 70 60 55 50 45 40 35 30 37,565
28,001 to 30,000 80 70 60 55 50 45 40 35 37,567
30,001 to 40,000 90 80 70 60 55 50 45 40 37,569
40,001 and over 100 90 80 70 60 55 50 45 37,571
Footnote a. The patient or resident or relative shall 37,574
furnish a copy of the patient's, resident's, or relative's 37,575
federal income tax return as evidence of gross annual income. 37,578
Footnote b. The number of dependents includes the liable 37,580
relative but excludes the patient or resident in the hospital or 37,581
855
institution. "Dependent" includes any person who receives more 37,582
than half the person's support from the patient or the patient's 37,584
liable relative.
(3) A patient or resident or liable relative having 37,586
medical, funeral, or related expenses in excess of four per cent 37,587
of the adjusted gross annual income, which expenses were not 37,588
covered by insurance, may adjust such gross annual income by 37,589
reducing the adjusted gross annual income by the full amount of 37,590
such expenses. Proof of such expenses satisfactory to the 37,591
department must be furnished. 37,592
(4) Additional dependencies may be claimed if: 37,594
(a) The liable relative is blind; 37,596
(b) The liable relative is over sixty-five; 37,598
(c) A child is a college student with expenses in excess 37,600
of fifty dollars per month; 37,601
(d) The services of a housekeeper, costing in excess of 37,603
fifty dollars per month, are required if the person who normally 37,604
keeps house for minor children is the patient or resident. 37,605
(5) If with respect to any patient or resident with 37,607
dependents there is chargeable under division (B)(2) of this 37,608
section less than fifty per cent of the per capita APPLICABLE 37,609
cost or, if the base support rate was used, less than fifty per 37,610
cent of the amount determined by use of the base support rate, 37,611
and if with respect to such patient or resident there is a liable 37,612
relative who has an estate having a value in excess of fifteen 37,613
thousand dollars or if such patient or resident has a dependent 37,614
and an estate having a value in excess of fifteen thousand 37,615
dollars, there shall be paid with respect to such patient or 37,616
resident a total of fifty per cent of the per capita APPLICABLE 37,617
cost or the base support rate amount, as the case may be, on a 37,618
current basis or there shall be executed with respect to such 37,619
patient or resident an agreement with the department for payment 37,620
to be made at some future date under terms suitable to the 37,621
department.
856
(6) When a person has been a patient or resident for 37,623
fifteen years and the support charges for which a relative is 37,624
liable have been paid for the fifteen-year period, the liable 37,625
relative shall be relieved of any further support charges. 37,626
(7) The department shall accept voluntary payments from 37,628
patients or residents or liable relatives whose incomes are below 37,629
the minimum shown in the schedule set forth in this division. 37,630
The department also shall accept voluntary payments in excess of 37,631
required amounts from both liable and nonliable relatives. 37,632
(8) If a patient or resident is covered by an insurance 37,634
policy, or other contract that provides for payment of expenses 37,635
for care and treatment for mental illness or mental retardation 37,636
at OR FROM an institution or, facility, (including a hospital or 37,638
community service unit under the jurisdiction of the department), 37,639
OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICE, the other 37,640
provisions of this section, except divisions (B)(8), (10), and 37,642
(11) of this section, and of section 5121.03 of the Revised Code 37,643
shall be suspended to the extent that such insurance policy or 37,644
other contract is in force, and such patient or resident shall be 37,645
charged the full amount of the per capita APPLICABLE cost for 37,646
care and treatment at the institution or facility at which the 37,648
patient or resident receives such care and treatment. Any 37,649
insurance carrier or other third party payor providing coverage 37,650
for such care and treatment shall pay for this support obligation 37,651
in an amount equal to the lesser of either the per capita charges 37,652
for services at the institution or facility APPLICABLE COST or 37,653
the benefits provided under the policy or other contract. 37,654
Whether or not an insured, owner of, or other person having an 37,655
interest in such policy or other contract is liable for support 37,656
payments under other provisions of this chapter, the insured, 37,657
policy owner, or other person shall assign payment directly to 37,658
the department of all assignable benefits under the policy or 37,659
other contract and shall pay over to the department, within ten 37,660
days of receipt, all insurance or other benefits received as 37,661
857
reimbursement or payment for expenses incurred by the patient or 37,663
resident or for any other reason. If the insured, policy owner, 37,664
or other person refuses to assign such payment to the department 37,666
or refuses to pay such received reimbursements or payments over 37,667
to the department within ten days of receipt, the insured's, 37,668
policy owners', or other person's total liability for the 37,669
services equals the applicable statutory liability for payment 37,671
for the services as determined under other provisions of this 37,672
chapter, plus the amounts payable under the terms of the policy 37,673
or other contract. In no event shall this total liability exceed 37,674
the full amount of the per capita APPLICABLE cost for services at 37,675
the institution or facility at which the patient or resident
received the care and treatment. Upon its request, the 37,677
department is entitled to a court order that compels the insured, 37,678
owner of, or other person having an interest in the policy or 37,679
other contract to comply with the assignment requirements of this 37,680
division or that itself serves as a legally sufficient assignment 37,681
in compliance with such requirements. Notwithstanding section 37,682
5122.31 of the Revised Code and any other law relating to 37,683
confidentiality of records, the managing officer of the 37,684
institution or facility where a person is or has been a patient 37,685
or resident, OR THE MANAGING OFFICER OF THE STATE-OPERATED 37,686
COMMUNITY MENTAL HEALTH SERVICES FROM WHICH THE PATIENT RECEIVES 37,687
SERVICES, shall disclose pertinent medical information concerning 37,689
the patient or resident to the insurance carrier or other third 37,690
party payor in question, in order to effect collection from the 37,691
carrier or payor of the state's claim for care and treatment 37,692
under this division. For such disclosure, the managing officer 37,693
is not subject to any civil or criminal liability. 37,694
(9) The rate to be charged for pre-admission care, 37,696
after-care, day-care, or routine consultation and treatment 37,697
services shall be based upon the ability of the patient or 37,698
resident or the patient's or resident's liable relatives to pay. 37,700
When it is determined by the department that a charge shall be 37,701
858
made, such charge shall be computed as provided in divisions 37,702
(B)(1) and (2) of this section. 37,703
(10) If a patient or resident with or without dependents 37,705
is the beneficiary of a trust created pursuant to section 1339.51 37,706
of the Revised Code, then, notwithstanding any contrary provision 37,707
of this chapter or of a rule adopted pursuant to this chapter, 37,708
divisions (C) and (D) of that section shall apply in determining 37,709
the assets or resources of the patient or resident, the patient's 37,711
or resident's estate, or the testator's estate and to claims 37,712
arising under this chapter against the patient or resident, the 37,713
patient's or resident's estate, or the testator's estate. 37,715
(11) If the department of mental retardation and 37,717
developmental disabilities waives the liability of an individual 37,718
and the individual's liable relatives pursuant to section 37,719
5123.194 of the Revised Code, the liability of the individual and 37,721
relative ceases in accordance with the waiver's terms.
(C) The department may enter into agreements with a 37,723
patient or resident or a liable relative for support payments to 37,724
be made in the future. However, no security interest, mortgage, 37,725
or lien shall be taken, granted, or charged against any principal 37,726
family residence of a patient or resident with dependents or a 37,727
liable relative under an agreement or otherwise to secure support 37,728
payments, and no foreclosure actions shall be taken on security 37,729
interests, mortgages or liens taken, granted, or charged against 37,730
principal residences of patients or residents or liable relatives 37,731
prior to October 7, 1977. 37,732
(D) The department shall make all investigations and 37,734
determinations required by this section within ninety days after 37,735
a patient or resident is admitted to an institution under the 37,736
department's control OR A PATIENT BEGINS TO RECEIVE 37,737
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, and immediately 37,738
shall notify by mail the persons liable of the amount to be 37,739
charged.
(E) All actions to enforce the collection of payments 37,741
859
agreed upon or charged by the department shall be commenced 37,742
within six years after the date of default of an agreement to pay 37,743
support charges or the date such payment becomes delinquent. If 37,744
a payment is made pursuant to an agreement which is in default, a 37,745
new six-year period for actions to enforce the collection of 37,746
payments under such agreement shall be computed from the date of 37,747
such payment. For purposes of this division an agreement is in 37,748
default or a payment is delinquent if a payment is not made 37,749
within thirty days after it is incurred or a payment, pursuant to 37,750
an agreement, is not made within thirty days after the date 37,751
specified for such payment. In all actions to enforce the 37,752
collection of payment for the liability for support, every court 37,753
of record shall receive into evidence the proof of claim made by 37,754
the state together with all debts and credits, and it shall be 37,755
prima-facie evidence of the facts contained in it. 37,756
Sec. 5121.06. (A) The following persons other than the 37,766
patient or resident or his THE PATIENT'S OR RESIDENT'S estate are 37,768
liable relatives and all the following persons are jointly and 37,769
severally liable for the support of a patient or resident in a 37,770
hospital or institution under the control of the department of 37,771
mental health or the department of mental retardation and 37,772
developmental disabilities OR FOR THE SUPPORT OF A PATIENT 37,773
RECEIVING STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES: 37,774
(1) The patient or resident or his THE PATIENT'S OR 37,776
RESIDENT'S estate; 37,777
(2) The patient's or resident's husband or wife SPOUSE; 37,779
(3) The father or mother, or both, of a minor patient or 37,781
resident under the age of eighteen years. 37,782
(B) The department shall determine, pursuant to section 37,784
5121.04 of the Revised Code, the amount to be charged each such 37,785
liable person in the order named in this section, but shall not 37,786
collect from any person more than one hundred per cent of the 37,787
appropriate average per capita per visit, or other cost 37,788
applicable to such patient or resident COST. 37,789
860
(C) An action to collect delinquent payments or to enforce 37,791
agreements in default may be brought against any or all persons 37,792
named in this section. To the extent parents of adult patients 37,793
or residents, pursuant to the language of this section previously 37,794
in force, incurred charges for the support of such patients or 37,795
residents between the eighteenth birthday of such patient or 37,796
resident and July 1, 1975, their liability for such period may be 37,797
cancelled, compromised, or settled as provided in section 5121.07 37,798
of the Revised Code. 37,799
(D) Irrespective of the number of patients or residents 37,801
whose care might be chargeable against a liable relative, no 37,802
individual liable relative nor any group of liable relatives who 37,803
are members of the same family unit shall be charged with the 37,804
support of more than one patient or resident during the same 37,805
period of time, and different periods of time for which such 37,806
liable relative has paid the charges for such different patients' 37,807
or residents' care and support shall be added together for the 37,808
purpose of completing the maximum fifteen-year period of 37,809
liability of such liable relative under division (B)(6) of 37,810
section 5121.04 of the Revised Code. 37,811
Sec. 5121.07. Any person who has been charged with the 37,821
payment of the support of a patient or resident of any benevolent 37,822
institution or; for pre-admission care, after-care, day-care, or 37,824
routine consultation and treatment services in a community 37,825
service unit under the control of the department of mental health
or the department of mental retardation and developmental 37,826
disabilities; OR FOR THE COST OF STATE-OPERATED COMMUNITY MENTAL 37,827
HEALTH SERVICES may petition the department for a release from, 37,828
or modification of, such charge, and the department, after an 37,829
investigation, may cancel or modify such former charge, or may 37,830
cancel, compromise, or settle any accrued liability in an amount 37,831
not exceeding five thousand dollars. Amounts in excess thereof
may be canceled, compromised, or settled as provided in section 37,832
131.02 of the Revised Code. The department may for due cause 37,833
861
increase the amount previously ordered paid. 37,834
Sec. 5121.08. The managing officers of the benevolent 37,844
institutions under the control of the department of mental health 37,845
and the department of mental retardation and developmental 37,846
disabilities, THE MANAGING OFFICERS OF STATE-OPERATED COMMUNITY 37,847
MENTAL HEALTH SERVICES, and the committing court, if requested, 37,849
shall submit to the department such information as they may
obtain concerning the financial condition of any patient or 37,850
resident or of relatives liable for the patient's or resident's 37,851
support.
Sec. 5121.09. In case the estate of any patient or 37,861
resident in a benevolent institution under the jurisdiction of 37,863
the department of mental health or the department of mental 37,864
retardation and developmental disabilities OR RECEIVING 37,865
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES is sufficient for 37,866
his THE PATIENT'S OR RESIDENT'S support, without hardship to any 37,867
others who may be dependent thereon, and no guardian has been 37,868
appointed for such estate, the agent of the department shall 37,870
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 37,880
or resident, or has been a patient or resident, of any benevolent 37,881
institution under the jurisdiction of the department of mental 37,882
health or the department of mental retardation and developmental 37,883
disabilities OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, 37,884
or upon the death of a person responsible under section 5121.06 37,886
of the Revised Code for the support of a patient or resident, the 37,887
department may waive the presentation of any claim for support 37,888
against the estate of such decedent, when in its judgment an 37,889
otherwise dependent person will be directly benefited by the 37,890
estate. Claims against an estate for support of a patient or 37,891
resident are subject to section 1339.51 and Chapter 2117. of the 37,892
Revised Code, and shall be treated, and may be barred, the same 37,893
as the claims of other creditors of the estate, pursuant to that 37,894
862
section or chapter.
The department may accept from a guardian or trustee of a 37,896
patient or resident a contract agreeing to pay to the state from 37,897
the property of his THE GUARDIAN'S OR TRUSTEE'S ward before or at 37,899
the death of the ward a fixed annual amount for the support of 37,900
the ward while he THE WARD is a patient or resident, with 37,902
interest at four per cent per annum. A copy of the contract 37,903
shall be filed in the probate court of the proper county and duly 37,904
entered as a part of the records concerning the ward. 37,905
Sec. 5123.60. (A) A legal rights service is hereby 37,914
created and established to protect and advocate the rights of 37,915
mentally ill persons, mentally retarded persons, developmentally 37,916
disabled persons, and other disabled persons who may be 37,917
represented by the service pursuant to division (L) of this 37,918
section; to receive and act upon complaints concerning 37,919
institutional and hospital practices and conditions of 37,920
institutions for mentally retarded or developmentally disabled 37,921
persons and hospitals for the mentally ill; and to assure that 37,922
all persons detained, hospitalized, discharged, or 37,923
institutionalized, and all persons whose detention, 37,924
hospitalization, discharge, or institutionalization is sought or 37,925
has been sought under this chapter or Chapter 5122. of the 37,926
Revised Code are fully informed of their rights and adequately 37,927
represented by counsel in proceedings under this chapter or 37,928
Chapter 5122. of the Revised Code and in any proceedings to 37,929
secure the rights of such persons. Notwithstanding the 37,930
definitions of "mentally retarded person" and "developmentally 37,931
disabled person" in section 5123.01 of the Revised Code, the 37,932
legal rights service shall determine who is a mentally retarded 37,933
or developmentally disabled person for purposes of this section 37,934
and sections 5123.601 to 5123.604 of the Revised Code. 37,935
(B) In regard to those persons detained, hospitalized, or 37,937
institutionalized under Chapter 5122. of the Revised Code, the 37,938
legal rights service shall undertake formal representation only 37,939
863
of those persons who are involuntarily detained, hospitalized, or 37,940
institutionalized pursuant to sections 5122.10 to 5122.15 of the 37,941
Revised Code, and those voluntarily detained, hospitalized, or 37,942
institutionalized who are minors, who have been adjudicated 37,943
incompetent, who have been detained, hospitalized, or 37,944
institutionalized in a public hospital, or who have requested 37,945
representation by the legal rights service. If a person referred 37,946
to in division (A) of this section voluntarily requests in 37,947
writing that the legal rights service terminate participation in 37,948
his THE PERSON'S case, such involvement shall cease. 37,949
(C) Any person voluntarily hospitalized or 37,951
institutionalized in a public hospital under division (A) of 37,952
section 5122.02 of the Revised Code, after being fully informed 37,953
of his THE PERSON'S rights pursuant to division (A) of this 37,954
section, may, by written request, waive assistance by the legal 37,956
rights service if the waiver is knowingly and intelligently made, 37,957
without duress or coercion. 37,958
The waiver may be rescinded at any time by the voluntary 37,960
patient or resident, or by his THE VOLUNTARY PATIENT'S OR 37,961
RESIDENT'S legal guardian. 37,962
(D) The legal rights service commission is hereby created 37,964
for the purposes of appointing an administrator of the legal 37,965
rights service, advising the administrator, assisting the 37,966
administrator in developing a budget, and establishing general 37,967
policy guidelines for the legal rights service. The commission 37,968
may receive and act upon appeals of personnel decisions by the 37,969
administrator. 37,970
The commission shall consist of seven members. One member, 37,972
who shall serve as chairman CHAIRPERSON, shall be appointed by 37,973
the chief justice of the supreme court, three members shall be 37,975
appointed by the speaker of the house of representatives, and 37,976
three members shall be appointed by the president of the senate. 37,977
At least two members shall have experience in the field of 37,978
developmental disabilities and at least two members shall have 37,979
864
experience in the field of mental health. No member shall be a 37,980
provider or related to a provider of services to mentally 37,981
retarded, developmentally disabled, or mentally ill persons. 37,982
Terms of office shall be for three years, each term ending on the 37,983
same day of the month of the year as did the term which it 37,984
succeeds. Each member shall serve subsequent to the expiration 37,985
of his THE MEMBER'S term until his A successor is appointed and 37,987
qualifies, or until sixty days has elapsed, whichever occurs 37,988
first. All vacancies shall be filled in the manner prescribed 37,989
for the regular appointments to the commission and shall be 37,990
limited to the unexpired terms. No member shall serve more than 37,991
two consecutive terms. 37,992
The commission shall meet at least four times each year. 37,994
Members shall be reimbursed for their necessary and actual 37,995
expenses incurred in the performance of their official duties. 37,996
The administrator of the legal rights service shall be 37,998
appointed for a five-year term, subject to removal for mental or 37,999
physical incapacity to perform the duties of the office, 38,000
conviction of violation of any law relating to his THE 38,001
ADMINISTRATOR'S powers and duties, or other good cause shown. 38,003
The administrator shall be a person who has had special 38,005
training and experience in the type of work with which the legal 38,006
rights service is charged. If the administrator is not an 38,007
attorney, he THE ADMINISTRATOR shall seek legal counsel when 38,008
appropriate. The salary of the administrator shall be 38,010
established in accordance with section 124.14 of the Revised 38,011
Code.
(E) The legal rights service shall be completely 38,013
independent of the department of mental health and the department 38,014
of mental retardation and developmental disabilities and, 38,015
notwithstanding section 109.02 of the Revised Code, shall also be 38,016
independent of the office of the attorney general. The 38,017
administrator of the legal rights service, staff, and attorneys 38,018
designated by him THE ADMINISTRATOR to represent persons 38,019
865
detained, hospitalized, or institutionalized under this chapter 38,022
or Chapter 5122. of the Revised Code shall have ready access: 38,023
(1) During normal business hours and at other reasonable 38,025
times, to all records relating to expenditures of state and 38,026
federal funds or to the commitment, care, treatment, and 38,027
habilitation of all persons represented by the legal rights 38,028
service, including those who may be represented pursuant to 38,029
division (L) of this section, or persons detained, hospitalized, 38,030
institutionalized, or receiving services under this chapter or 38,031
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are 38,032
records maintained by the following entities providing services 38,033
for those persons: departments; institutions; hospitals; 38,034
community residential facilities; boards of alcohol, drug 38,035
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of 38,036
those boards; and any other entity providing services to persons 38,037
who may be represented by the service pursuant to division (L) of 38,038
this section;
(2) To any records maintained in computerized data banks 38,040
of the departments or boards or, in the case of persons who may 38,041
be represented by the service pursuant to division (L) of this 38,042
section, any other entity that provides services to those 38,043
persons;
(3) During their normal working hours, to personnel of the 38,045
departments, facilities, boards, agencies, institutions, 38,047
hospitals and other service providing entities;
(4) At any time, to all persons detained, hospitalized, OR 38,049
institutionalized; persons receiving services under this chapter 38,050
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 38,051
persons who may be represented by the service pursuant to 38,052
division (L) of this section.
(F) The administrator of the legal rights service shall: 38,054
(1) Administer and organize the work of the legal rights 38,056
service and establish administrative or geographic divisions as 38,057
866
he THE ADMINISTRATOR considers necessary, proper, and expedient; 38,058
(2) Adopt and promulgate rules and prescribe duties for 38,060
the efficient conduct of the business and general administration 38,061
of the legal rights service; 38,062
(3) Appoint and discharge employees, and hire such 38,064
experts, consultants, advisors, or other professionally qualified 38,065
persons as he THE ADMINISTRATOR considers necessary to carry out 38,066
the duties of the legal rights service; 38,068
(4) Apply for and accept grants of funds, and accept 38,070
charitable gifts and bequests; 38,071
(5) Prepare and submit a budget to the general assembly 38,073
for the operation of the legal rights service; 38,074
(6) Enter into contracts and make such expenditures as are 38,076
necessary for the efficient operation of the legal rights 38,077
service; 38,078
(7) Annually prepare a report of activities and submit 38,080
copies of the report to the governor, the chief justice of the 38,081
supreme court, the president of the senate, the speaker of the 38,082
house of representatives, the director of mental health, and the 38,083
director of mental retardation and developmental disabilities, 38,084
and make the report available to the public. 38,085
(G) The legal rights service may act directly or contract 38,087
with other organizations or individuals for the provision of the 38,088
services envisioned under this section. Whenever possible, the 38,089
administrator shall attempt to facilitate the resolution of 38,090
complaints through administrative channels. The administrator 38,091
may, when IF attempts at administrative resolution prove 38,092
unsatisfactory, initiate actions in mandamus and such other THE 38,093
ADMINISTRATOR MAY PURSUE ANY legal, ADMINISTRATIVE, and equitable 38,095
OTHER APPROPRIATE remedies as OR APPROACHES THAT may be necessary 38,096
to accomplish the purposes of this section. Relationships 38,097
between personnel and the agents of the legal rights service and 38,099
its clients shall be fiduciary relationships, and all 38,100
communications shall be confidential, as if between attorney and 38,101
867
client.
(H) The legal rights service, on the order of the 38,103
administrator, with the approval of the commission, may compel by 38,104
subpoena the appearance and sworn testimony of any person the 38,105
administrator reasonably believes may be able to provide 38,106
information or to produce any documents, books, records, papers, 38,107
or other information necessary to carry out its duties. 38,108
(I) The legal rights service may conduct public hearings. 38,110
(J) The legal rights service may request from any 38,112
governmental agency any cooperation, assistance, services, or 38,113
data that will enable it to perform its duties. 38,114
(K) In any malpractice action filed against the 38,116
administrator of the legal rights service, a member of the staff 38,117
of the legal rights service, or an attorney designated by the 38,118
administrator to perform legal services under division (E) of 38,119
this section, the state shall, when the administrator, member, or 38,120
attorney has acted in good faith and in the scope of his 38,121
employment, indemnify the administrator, member, or attorney for 38,122
any judgment awarded or amount negotiated in settlement, and for 38,123
any court costs or legal fees incurred in defense of the claim. 38,124
This division does not limit or waive, and shall not be 38,126
construed to limit or waive, any defense that is available to the 38,127
legal rights service, its administrator or employees, persons 38,128
under a personal services contract with it, or persons designated 38,129
under division (E) of this section, including, but not limited 38,130
to, any defense available under section 9.86 of the Revised Code. 38,131
(L) In addition to providing services to mentally ill, 38,133
mentally retarded, or developmentally disabled persons, when a 38,134
grant authorizing the provision of services to other individuals 38,135
is accepted pursuant to division (F)(4) of this section, the 38,136
legal rights service and its ombudsman OMBUDSPERSON section may 38,137
provide advocacy or ombudsman OMBUDSPERSON services to those 38,139
other individuals and exercise any other authority granted by 38,141
this section or sections 5123.601 to 5123.604 of the Revised Code 38,142
868
on behalf of those individuals. Determinations of whether an 38,143
individual is eligible for services under this division shall be 38,144
made by the legal rights service. 38,145
Sec. 5126.054. WITH RESPECT TO ANY HOME AND 38,147
COMMUNITY-BASED SERVICES PROGRAM ADMINISTERED BY THE DEPARTMENT 38,148
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES THROUGH 38,149
FUNDING RECEIVED AS A RESULT OF A WAIVER OF FEDERAL REQUIREMENTS 38,150
THAT APPLY TO THE MEDICAL ASSISTANCE PROGRAM OPERATED UNDER 38,151
CHAPTER 5111. OF THE REVISED CODE, A COUNTY BOARD OF MENTAL 38,153
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY PARTICIPATE IN THE 38,154
WAIVER PROGRAM BY ENTERING INTO AN AGREEMENT WITH THE DEPARTMENT
UNDER WHICH THE BOARD AGREES TO USE AND TO CONTINUE USING ITS 38,156
FUNDS AS THE STATE'S SHARE OF THE COMBINED STATE AND FEDERAL COST 38,157
OF PROVIDING SERVICES TO INDIVIDUALS UNDER THE WAIVER PROGRAM. 38,158
FUNDS THAT THE BOARD MAY AGREE TO USE AND CONTINUE USING AS THE 38,159
STATE'S SHARE INCLUDE FUNDS RECEIVED THROUGH TAX LEVIES AND OTHER 38,160
APPROPRIATIONS FROM THE BOARD OF COUNTY COMMISSIONERS AND FUNDS 38,161
RECEIVED FROM THE DEPARTMENT FOR USE IN PROVIDING RESIDENTIAL AND 38,162
OTHER SUPPORT SERVICES. AN AGREEMENT ENTERED INTO UNDER THIS 38,163
SECTION REMAINS IN EFFECT AS LONG AS THERE ARE RESIDENTS OF THE 38,164
COUNTY WHO NEED THE SERVICES MADE AVAILABLE UNDER THE WAIVER 38,165
PROGRAM OR UNTIL THE DEPARTMENT CANCELS THE AGREEMENT. 38,166
THE DEPARTMENT MAY TAKE ANY ACTION NECESSARY TO ENSURE THAT 38,168
A BOARD FULFILLS THE TERMS OF AN AGREEMENT IT ENTERS INTO UNDER 38,169
THIS SECTION. IF THE DEPARTMENT TAKES THE ACTION OF WITHHOLDING 38,170
FUNDS THAT IT WOULD OTHERWISE DISTRIBUTE TO THE BOARD AND THE 38,171
AMOUNT WITHHELD IS INSUFFICIENT TO COVER THE STATE'S SHARE OF THE 38,172
COST OF SERVICES PROVIDED TO THE BOARD'S CLIENTS UNDER THE WAIVER 38,173
PROGRAM, THE DEPARTMENT MAY, THROUGH THE ATTORNEY GENERAL, BRING 38,174
AN ACTION, INCLUDING A MANDAMUS ACTION, AGAINST THE BOARD IN THE 38,175
COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE BOARD OR IN THE 38,176
FRANKLIN COUNTY COURT OF COMMON PLEAS. IF THE COURT FINDS THAT 38,177
THE DEPARTMENT'S CLAIM IS VALID, THE COURT SHALL ORDER THAT THE
BOARD PROVIDE THE FUNDS OR THAT THE FUNDS BE RECOVERED IN ANY 38,178
869
OTHER APPROPRIATE MANNER. 38,179
THE DEPARTMENT SHALL ESTABLISH UNIFORM ACCOUNTING PRACTICES 38,181
TO SEGREGATE THE FUNDS THAT A COUNTY BOARD AGREES TO USE AND TO 38,182
CONTINUE USING PURSUANT TO AN AGREEMENT ENTERED INTO UNDER THIS 38,183
SECTION. THE DEPARTMENT MAY ADOPT ANY RULES NECESSARY TO 38,184
IMPLEMENT THIS SECTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE 38,185
WITH CHAPTER 119. OF THE REVISED CODE. 38,186
Sec. 5126.35. As used in this section and in sections 38,195
5126.351 to 5126.356 5126.357 of the Revised Code: 38,196
(A) "County board client" means a person enrolled in a 38,199
program offered by a county board of mental retardation and 38,200
developmental disabilities or receiving services from a county 38,201
board.
(B) "County board worker" means a person who is employed 38,204
by a county board of mental retardation and developmental 38,205
disabilities or provides services to county board clients either 38,206
as a volunteer or pursuant to a contract with the board, except 38,207
that "county board worker" does not include a health care 38,208
professional acting within the scope of his professional PRACTICE 38,209
AUTHORIZED BY THE PROFESSIONAL'S license or certificate. 38,210
(C) "Delegated nursing task" means a task that is within 38,213
the scope of practice of a nurse as determined pursuant to 38,214
Chapter 4723. of the Revised Code and is delegated by a nurse to 38,215
a county board worker pursuant to a policy adopted by a county 38,216
board under section 5126.351 of the Revised Code. 38,217
(D) "Health care professional" means any of the following: 38,220
(1) A dentist who holds a valid license issued under 38,222
Chapter 4715. of the Revised Code; 38,223
(2) A registered or licensed practical nurse who holds a 38,226
valid license issued under Chapter 4723. of the Revised Code; 38,227
(3) An optometrist who holds a valid license issued under 38,230
Chapter 4725. of the Revised Code;
(4) A pharmacist who holds a valid license issued under 38,232
Chapter 4729. of the Revised Code; 38,233
870
(5) A doctor of medicine or osteopathic medicine, 38,235
podiatrist, or a practitioner of a limited branch of medicine who 38,236
holds a valid certificate issued under Chapter 4731. of the 38,238
Revised Code;
(6) A physician's assistant for whom a physician holds a 38,241
valid certificate of registration issued under section 4730.04 of 38,242
the Revised Code;
(7) An occupational therapist or occupational therapy 38,244
assistant or a physical therapist or physical therapy assistant 38,245
who holds a valid license issued under Chapter 4755. of the 38,247
Revised Code;
(8) A respiratory care professional who holds a valid 38,249
license issued under Chapter 4761. of the Revised Code. 38,251
(E) "Nurse" means a registered nurse or licensed practical 38,254
nurse who holds a valid license issued under Chapter 4723. of the 38,255
Revised Code.
(F) "Prescribed medication" means a drug described in 38,258
section 4729.01 of the Revised Code that is to be taken orally or 38,259
applied topically pursuant to the instructions of a health care 38,260
professional who is authorized by law to prescribe drugs. 38,261
Sec. 5126.357. (A) AS USED IN THIS SECTION: 38,263
(1) "IN-HOME CARE" MEANS THE SUPPORTIVE SERVICES PROVIDED 38,265
WITHIN THE HOME OF AN INDIVIDUAL WHO RECEIVES FUNDING FOR THE 38,266
SERVICES AS A COUNTY BOARD CLIENT, INCLUDING ANY CLIENT WHO 38,267
RECEIVES RESIDENTIAL SERVICES FUNDED THROUGH THE MEDICAL 38,269
ASSISTANCE PROGRAM'S HOME AND COMMUNITY-BASED SERVICES WAIVERS
ADMINISTERED BY THE DEPARTMENT OF MENTAL RETARDATION AND 38,271
DEVELOPMENTAL DISABILITIES, FAMILY SUPPORT SERVICES PROVIDED 38,272
UNDER SECTION 5126.11 OF THE REVISED CODE, OR SUPPORTED LIVING 38,274
PROVIDED IN ACCORDANCE WITH SECTIONS 5126.41 TO 5126.47 OF THE 38,275
REVISED CODE. "IN-HOME CARE" INCLUDES CARE THAT IS PROVIDED 38,276
OUTSIDE A CLIENT'S HOME IN PLACES, AND WHILE TRAVELING TO PLACES, 38,277
THAT ARE INCIDENTAL TO THE HOME, EXCEPT THAT "IN-HOME CARE" DOES 38,278
NOT INCLUDE CARE PROVIDED IN THE FACILITIES OF A COUNTY BOARD OF 38,279
871
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OR CARE 38,280
PROVIDED IN SCHOOLS.
(2) "PARENT" MEANS EITHER PARENT OF A CHILD, INCLUDING AN 38,282
ADOPTIVE PARENT. 38,283
(3) "UNLICENSED IN-HOME CARE WORKER" MEANS AN INDIVIDUAL 38,285
WHO PROVIDES IN-HOME CARE BUT IS NOT A HEALTH CARE PROFESSIONAL. 38,287
A COUNTY BOARD WORKER MAY BE AN UNLICENSED IN-HOME CARE WORKER. 38,288
(B) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 38,290
THE PARENT OR GUARDIAN OF AN INDIVIDUAL WITH MENTAL RETARDATION 38,292
OR A DEVELOPMENTAL DISABILITY WHO IS NOT MORE THAN TWENTY-ONE 38,293
YEARS OF AGE OR THE GUARDIAN OF AN INDIVIDUAL WITH MENTAL 38,294
RETARDATION OR A DEVELOPMENTAL DISABILITY WHO IS AGE TWENTY-ONE 38,295
OR OLDER MAY AUTHORIZE AN UNLICENSED IN-HOME CARE WORKER TO GIVE 38,296
OR APPLY PRESCRIBED MEDICATION OR PERFORM OTHER HEALTH CARE TASKS 38,297
AS PART OF THE IN-HOME CARE PROVIDED TO THE INDIVIDUAL, IF THE 38,298
PARENT OR GUARDIAN IS THE PRIMARY SUPERVISOR OF THE CARE AND THE 38,300
UNLICENSED IN-HOME CARE WORKER HAS BEEN SELECTED BY THE PARENT OR 38,301
GUARDIAN. SECTIONS 4723.62 AND 5126.351 TO 5126.356 OF THE 38,302
REVISED CODE DO NOT APPLY TO THE IN-HOME CARE AUTHORIZED BY A 38,303
PARENT OR GUARDIAN UNDER THIS SECTION. INSTEAD, A PARENT OR
GUARDIAN SHALL OBTAIN A PRESCRIPTION, IF APPLICABLE, AND WRITTEN 38,305
INSTRUCTIONS FROM A HEALTH CARE PROFESSIONAL FOR THE CARE TO BE 38,306
PROVIDED TO THE INDIVIDUAL. THE PARENT OR GUARDIAN SHALL 38,307
AUTHORIZE THE UNLICENSED IN-HOME CARE WORKER TO PROVIDE THE CARE 38,308
BY PREPARING A WRITTEN DOCUMENT GRANTING THE AUTHORITY. THE 38,309
PARENT OR GUARDIAN SHALL PROVIDE THE UNLICENSED IN-HOME CARE
WORKER WITH APPROPRIATE TRAINING AND WRITTEN INSTRUCTIONS IN 38,310
ACCORDANCE WITH THE INSTRUCTIONS OBTAINED FROM THE HEALTH CARE 38,311
PROFESSIONAL.
(C) A PARENT OR GUARDIAN WHO AUTHORIZES AN UNLICENSED 38,313
IN-HOME CARE WORKER TO GIVE OR APPLY PRESCRIBED MEDICATION OR 38,315
PERFORM OTHER HEALTH CARE TASKS RETAINS FULL RESPONSIBILITY FOR 38,316
THE HEALTH AND SAFETY OF THE INDIVIDUAL RECEIVING THE CARE AND 38,317
FOR ENSURING THAT THE WORKER PROVIDES THE CARE APPROPRIATELY AND 38,318
872
SAFELY. NO ENTITY THAT FUNDS OR MONITORS THE PROVISION OF 38,319
IN-HOME CARE MAY BE HELD LIABLE FOR THE RESULTS OF THE CARE 38,321
PROVIDED UNDER THIS SECTION BY AN UNLICENSED IN-HOME CARE WORKER,
INCLUDING SUCH ENTITIES AS THE COUNTY BOARD OF MENTAL RETARDATION 38,323
AND DEVELOPMENTAL DISABILITIES, ANY OTHER ENTITY THAT EMPLOYS AN 38,324
UNLICENSED IN-HOME CARE WORKER AND THE DEPARTMENT OF MENTAL 38,325
RETARDATION AND DEVELOPMENTAL DISABILITIES. 38,326
AN UNLICENSED IN-HOME CARE WORKER WHO IS AUTHORIZED UNDER 38,328
THIS SECTION BY A PARENT OR GUARDIAN TO PROVIDE CARE TO AN 38,329
INDIVIDUAL IS NOT LIABLE FOR ANY INJURY CAUSED IN PROVIDING THE 38,330
CARE, UNLESS THE WORKER PROVIDES THE CARE IN A MANNER THAT IS NOT 38,331
IN ACCORDANCE WITH THE TRAINING AND INSTRUCTIONS RECEIVED OR THE 38,332
WORKER ACTS IN A MANNER THAT CONSTITUTES WANTON OR RECKLESS 38,333
MISCONDUCT.
(D) A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL 38,335
DISABILITIES MAY EVALUATE THE AUTHORITY GRANTED BY A PARENT OR 38,336
GUARDIAN UNDER THIS SECTION TO AN UNLICENSED IN-HOME CARE WORKER. 38,337
IF THE BOARD DETERMINES THAT THE PARENT OR GUARDIAN HAS ACTED IN 38,338
A MANNER THAT IS INAPPROPRIATE FOR THE HEALTH AND SAFETY OF THE 38,339
INDIVIDUAL RECEIVING THE SERVICES, THE AUTHORIZATION GRANTED BY 38,341
THE PARENT OR GUARDIAN TO AN UNLICENSED IN-HOME CARE WORKER IS 38,342
VOID AND THE PARENT OR GUARDIAN MAY NOT AUTHORIZE OTHER
UNLICENSED IN-HOME CARE WORKERS TO PROVIDE THE CARE. IN MAKING 38,343
SUCH A DETERMINATION, THE BOARD SHALL USE APPROPRIATELY LICENSED 38,344
HEALTH CARE PROFESSIONALS AND SHALL PROVIDE THE PARENT OR 38,345
GUARDIAN AN OPPORTUNITY TO FILE A COMPLAINT UNDER SECTION 5126.06 38,346
OF THE REVISED CODE.
Sec. 5139.27. The department of youth services shall adopt 38,355
rules prescribing the minimum standards of construction for a 38,356
school, forestry camp, or other facility established under 38,357
section 2151.65 of the Revised Code for which financial 38,358
assistance may be granted to assist in defraying the cost of the 38,359
construction of such THE school, forestry camp, or other 38,360
facility. If an application for such THAT financial assistance 38,362
873
is filed with the department under section 2151.651 of the 38,364
Revised Code, and the department finds that the application is in 38,365
proper form and the specifications for the construction of such 38,366
THE school, forestry camp, or other facility meet the minimum 38,367
standards set forth in the rules adopted by the department, the 38,368
department may, from moneys available to it for granting 38,369
financial assistance for the construction of schools, forestry 38,370
camps, or other facilities established under section 2151.65 of 38,371
the Revised Code, grant financial assistance to the county making 38,372
such THE application, subject to the approval of the controlling 38,373
board, in an amount not to exceed one-half of the county's share 38,374
of the cost of construction of such THE school, forestry camp, or 38,375
other facility but not to exceed six thousand five hundred 38,377
dollars for each bed unit provided for in such THE school, 38,378
forestry camp, or other facility. No financial assistance shall 38,380
be granted for the construction of any school, forestry camp, or 38,381
other facility designed to accommodate more than one hundred 38,382
fifty children at any one time. As used in this section, 38,383
"construction" means the building and the initial equipping of 38,384
new structures and, to the extent provided for in rules adopted 38,385
by the department, the acquisition, remodeling, and initial 38,386
equipping of existing structures, excluding architect's fees and 38,387
the cost of land acquisition.
A county that receives financial assistance under this 38,389
section shall not be obligated to repay such THE assistance to 38,390
the state unless the school, forestry camp, or other facility for 38,392
which such THE assistance is granted is used within the ten-year 38,393
period immediately following its establishment for other than the 38,394
purpose of rehabilitating children between the ages of twelve to 38,395
eighteen years, other than psychotic or mentally retarded 38,396
children, who are designated delinquent, as defined in section 38,397
2151.02 of the Revised Code, or unruly, as defined in section 38,398
2151.022 of the Revised Code, by order of a juvenile court. If 38,399
the department of youth services finds that such THE school, 38,400
874
forestry camp, or other facility is used for other than such THAT 38,402
purpose within such THAT ten-year period, such THE county shall 38,404
be obligated to repay such THE assistance to the state and, 38,405
through its board of county commissioners, may enter into an 38,406
agreement with the director of budget and management for the 38,407
discharge of such THAT obligation over a period not to exceed ten 38,408
years in duration. Whenever a county is obligated to repay such 38,409
THAT assistance to the state and its board of county 38,411
commissioners fails to enter into or fails to comply with an 38,412
agreement for the discharge of such THAT obligation, the tax 38,414
commissioner, pursuant to section 5747.54 of the Revised Code, 38,415
shall withhold from distribution to such THE county from the 38,417
local government fund an amount sufficient to discharge such THE 38,418
county from such THAT obligation to the state. 38,419
Sec. 5139.271. Subject to the approval of the controlling 38,428
board, the department of youth services may grant and pay 38,429
financial assistance to defray the county's share of the cost of 38,430
acquiring or constructing a district detention home, established 38,431
under section 2151.34 of the Revised Code, to any county making 38,432
application under section 2151.3416 of the Revised Code if the 38,433
department finds that the application was made in accordance with 38,434
its rules and the home or the specifications for the home meet 38,435
minimum standards established by the department. No financial 38,436
assistance shall be granted for defraying the cost of architects' 38,437
fees or land. 38,438
The department shall adopt rules prescribing the minimum 38,440
standards of construction and condition of existing structures, 38,441
established under section 2151.34 of the Revised Code, for which 38,442
financial assistance is granted under this section. The 38,443
department may recommend programs of education and training and 38,444
the qualifications desired for personnel of a district detention 38,445
home. 38,446
The amount of financial assistance granted to any county 38,448
shall not exceed one-half of the county's share of the cost of 38,449
875
acquisition or construction of the home. The total of all state 38,450
assistance for any home shall not exceed six thousand five 38,451
hundred dollars for each bed unit provided for in such THE home. 38,452
No financial assistance shall be granted for the construction of 38,454
a home designed to accommodate more than one hundred fifty 38,455
children at any one time. 38,456
A county which receives financial assistance under this 38,458
section shall repay such THE assistance to the state if the home 38,459
for which such THE assistance is granted is used within the 38,461
ten-year period immediately following its establishment for 38,462
purposes other than those contained in section 2151.34 of the 38,463
Revised Code. A board of county commissioners which uses the 38,464
home for any other purpose within such THAT period shall enter 38,465
into an agreement with the director of budget and management for 38,468
the discharge of such THAT obligation over a period not to exceed 38,469
ten years. If a board of county commissioners fails to enter 38,470
into an agreement for the discharge of such THAT obligation, or 38,471
fails to comply with the terms of such an agreement, the director 38,473
shall direct the tax commissioner, pursuant to section 5747.54 of 38,474
the Revised Code, shall TO withhold from the distribution of the 38,475
local government fund an amount sufficient to discharge the 38,476
obligation.
As used in this section: 38,478
(A) "Construction" means the building and initial 38,480
equipping of new structures. 38,481
(B) "Acquisition" means "acquisition" as defined in the 38,483
rules of the department, which may include the purchase, 38,484
remodeling, and initial equipping of existing structures. 38,485
Sec. 5139.28. The department of youth services shall adopt 38,494
and promulgate rules prescribing the standards of operation, 38,495
programs of education, and training and qualifications of 38,496
personnel of a school, forestry camp, or other facility, 38,497
established under section 2151.65 of the Revised Code, for which 38,498
financial assistance may be granted to assist in defraying the 38,499
876
cost of the operation and maintenance of the school, forestry 38,500
camp, or other facility. If an application is made to the 38,501
department under section 2151.652 of the Revised Code for 38,502
financial assistance and the department finds that the 38,503
application is in proper form and the standards of operation, 38,504
programs of education, and training and qualifications of 38,505
personnel of the school, forestry camp, or other facility meet 38,506
the requirements of the rules of the department adopted under 38,507
this section, the department, from moneys made available to it 38,508
for the purpose of granting financial assistance under this 38,509
section, may grant financial assistance for the operation and 38,510
maintenance of the school, forestry camp, or other facility in an 38,511
amount not to exceed one-half of the cost of operating and 38,512
maintaining the school, forestry camp, or other facility. 38,513
The department shall not grant financial assistance for the 38,515
operation or maintenance of a school, forestry camp, or other 38,516
facility established under section 2151.65 of the Revised Code 38,517
unless it is used solely for the purpose of rehabilitating 38,518
children between twelve and eighteen years of age, other than 38,519
psychotic or mentally retarded children, who have been 38,520
adjudicated delinquent children or unruly children by order of a 38,521
juvenile court. The department shall not grant financial 38,522
assistance for the operation or maintenance of a school, forestry 38,523
camp, or other facility established under section 2151.65 of the 38,524
Revised Code that houses more than one hundred fifty children at 38,525
any one time. 38,526
Sec. 5139.281. The department of youth services shall 38,535
adopt rules prescribing the manner of application for financial 38,536
assistance under this section for the operation and maintenance 38,537
of a detention home provided, or district detention home 38,538
established, under section 2151.34 of the Revised Code and 38,539
prescribing minimum standards of operation, including criteria 38,540
for programs of education, training, counseling, recreation, 38,541
health, and safety, and qualifications of personnel with which a 38,542
877
home shall comply as a condition of eligibility for assistance 38,543
under this section. If the board of county commissioners 38,544
providing a detention home or the board of trustees of a district 38,545
detention home applies to the department for assistance and if 38,546
the department finds that the application is in accordance with 38,547
the rules adopted under this section and that the home meets the 38,548
minimum standards adopted under this section, the department may 38,549
grant assistance to the applicant board for the operation and 38,550
maintenance of each home in an amount not to exceed fifty per 38,551
cent of the approved annual operating cost. The board shall make 38,552
a separate application for each year for which assistance is 38,553
requested. The department shall not grant assistance for the 38,554
operation and maintenance of a home that is designed to 38,555
accommodate fewer than ten children or that houses more than one 38,556
hundred fifty children at any one time. 38,557
The department shall adopt any necessary rules for the 38,559
care, treatment, and training in a district detention home of 38,560
children found to be delinquent children and committed to the 38,561
home by the juvenile court under section 2151.355 of the Revised 38,562
Code and may approve for this purpose any home that is found to 38,563
be in compliance with the rules it adopts. 38,564
The department shall provide, at least once every six 38,566
months, in-service training programs for staff members of 38,567
detention homes or district detention homes and shall pay all 38,568
travel and other necessary expenses incurred by participating 38,569
staff members. 38,570
Sec. 5139.43. (A) The department of youth services shall 38,583
operate a felony delinquent care and custody program with the 38,584
remainder of the appropriation described in division (E) of 38,585
section 5139.41 of the Revised Code. The program shall be 38,587
operated in accordance with the formula developed pursuant to 38,588
sections 5139.41 and 5139.42 of the Revised Code, subject to the 38,589
conditions specified in this section, and in conjunction with the 38,590
contingency program described in section 5139.45 of the Revised 38,591
878
Code.
(B)(1) The department of youth services annually shall 38,593
allocate to each county a portion of the remainder of the 38,594
appropriation described in division (E) of section 5139.41 of the 38,596
Revised Code. The portion to be allocated to each county shall 38,597
be determined by multiplying the county's percentage determined 38,598
under division (E) of section 5139.42 of the Revised Code by the 38,599
amount of that remainder. The department shall divide the 38,600
portion to be allocated to each county by twelve or, if in a 38,601
particular fiscal year the felony delinquent care and custody 38,602
program is in effect in a county less than twelve months, by the 38,603
number of months the program is in effect in that county to 38,604
determine the monthly allocation to that county.
(2)(a) Except as provided in division DIVISIONS (B)(2)(b) 38,606
AND (E) of this section, the department shall reduce the monthly 38,608
allocation for each fiscal year to each county as determined 38,609
under division (B)(1) of this section by both of the following: 38,610
(i) Seventy-five per cent of the amount determined by 38,613
multiplying the per diem cost for the care and custody of felony 38,614
delinquents, as determined pursuant to division (D) of section 38,615
5139.42 of the Revised Code, by the number of felony delinquents 38,616
who have been adjudicated delinquent children and, except as 38,617
otherwise provided in divisions (B)(2)(a) and (3) of this 38,619
section, who are in the care and custody of an institution 38,620
pursuant to a commitment, recommitment, or revocation of a 38,622
release by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 38,624
multiplying the per diem cost for the care and custody of felony 38,625
delinquents, as determined pursuant to division (D) of section 38,626
5139.42 of the Revised Code, by the number of felony delinquents 38,627
who have been adjudicated delinquent children and, except as 38,628
otherwise provided in division (B)(3) of this section, who are in 38,630
the care and custody of a community corrections facility pursuant
to a placement by the department with the consent of the juvenile 38,631
879
court of that county as described in division (E) of section 38,632
5139.36 of the Revised Code. 38,633
Public safety beds shall not be included in the number of 38,636
felony delinquents who have been adjudicated delinquent children 38,637
by a juvenile court in making the seventy-five per cent reduction 38,638
described in division (B)(2)(a)(i) of this section. The 38,641
department shall bear the care and custody costs associated with 38,642
public safety beds. 38,643
(b) If a county has exhausted its current and future 38,645
monthly allocations for the current fiscal year as determined 38,646
under division (B)(1) of this section, the department shall bear 38,647
the remainder of the amounts calculated under divisions 38,649
(B)(2)(a)(i) and (ii) of this section for the care and custody of 38,651
felony delinquents who are in the care and custody of an 38,652
institution pursuant to a commitment, recommitment, or revocation 38,654
of a release or in the care and custody of a community 38,655
corrections facility by debiting, in accordance with division 38,657
(C)(2) of section 5139.45 of the Revised Code, the amount of the 38,658
appropriation for care and custody of felony delinquents that was 38,659
set aside for the contingency program pursuant to division (A) of 38,660
section 5139.41 of the Revised Code.
(3)(a) Subject to divisions (B)(2)(b) and (4) and 38,662
(C)(3)(b) and (c) of this section and subject to the special 38,664
provisions of division (B)(3)(b) of this section pertaining to 38,665
monthly allocations under divisions (B)(1) and (2)(a) of this 38,667
section for the month of June, after the application of division 38,668
(B)(2)(a) of this section and on or before the fifteenth day of 38,669
the following month, the department shall disburse to the 38,670
juvenile court of each county the remainder of the monthly 38,671
allocation of that county as determined pursuant to divisions 38,672
(B)(1) and (2)(a) of this section.
(b)(i) For the monthly allocation for the month of June of 38,675
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 38,676
880
(B)(2)(a)(i) and (ii) of this section rather than use the actual 38,678
number of those felony delinquents, shall use the estimated 38,679
number of those felony delinquents in making the seventy-five per 38,681
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 38,682
allocation of each county for the month of June, as determined 38,683
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 38,685
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 38,687
If the total of the seventy-five per cent and fifty per cent 38,688
reductions described in division (B)(2)(a) of this section 38,690
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 38,691
amount of the excess by debiting, in accordance with division 38,692
(C)(2) of section 5139.45 of the Revised Code, the amount of the 38,694
appropriation for care and custody of felony delinquents that was 38,695
set aside for the contingency program pursuant to division (A) of 38,696
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 38,698
department shall reconcile for each county the estimated 38,699
reductions that occurred pursuant to divisions (B)(2)(a) and 38,700
(3)(b)(i) of this section and the reductions that should have 38,702
occurred pursuant to division (B)(2)(a) of this section by using 38,703
the actual number of felony delinquents described in divisions 38,704
(B)(2)(a)(i) and (ii) of this section for the month of June of 38,705
the prior fiscal year. After that reconciliation occurs, subject 38,706
to divisions (B)(2)(b) and (4) and (C)(3)(b) and (c) of this 38,708
section, the department shall disburse to each county the 38,709
remainder of its monthly allocation for the month of June of the 38,710
prior fiscal year as adjusted pursuant to the reconciliation and 38,711
division (B)(3)(b)(ii) of this section. 38,712
In connection with the adjustments in the monthly 38,714
allocations for the month of June of the prior fiscal year, if 38,715
the encumbered monthly allocations of one or more counties for 38,716
881
that month exceed or are less than the monthly allocations for 38,717
that month to which those counties are entitled under divisions 38,718
(B)(1) and (2)(a) of this section by using the actual number of 38,719
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 38,720
of this section rather than the estimated number of those felony 38,721
delinquents, the department may make the necessary adjustments in 38,722
the monthly allocations of those counties for the month of June 38,723
of the prior fiscal year within the total of the moneys for 38,724
monthly allocations for that month that were encumbered for all 38,725
of the counties. If that total amount is insufficient to make 38,726
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 38,728
the department shall cover the insufficiency by debiting, in 38,729
accordance with division (C)(2) of section 5139.45 of the Revised 38,730
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 38,731
pursuant to division (A) of section 5139.41 of the Revised Code. 38,732
(4) Notwithstanding the general disbursement requirements 38,735
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 38,736
court fails to comply with division (C)(3)(d) of this section and 38,737
the department is not able to reconcile fiscal accounting as a 38,738
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 38,739
(b)(ii) of this section to the juvenile court until it complies 38,741
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 38,743
to it by the department of youth services pursuant to division 38,744
(B) of this section in accordance with the applicable provisions 38,745
of division (C)(2) of this section and shall transmit the moneys 38,746
to the county treasurer for deposit in accordance with this 38,747
division. The county treasurer shall create in the county 38,748
treasury a fund that shall be known as the felony delinquent care 38,749
and custody fund and shall deposit in that fund the moneys 38,750
disbursed to the juvenile court pursuant to division (B) of this 38,751
882
section. The county treasurer also shall deposit into that fund 38,752
the state subsidy funds granted to the county pursuant to section 38,753
5139.34 of the Revised Code. The moneys disbursed to the 38,755
juvenile court pursuant to division (B) of this section and 38,756
deposited pursuant to this division in the felony delinquent care 38,757
and custody fund shall not be commingled with any other county 38,759
funds except state subsidy funds granted to the county pursuant 38,760
to section 5139.34 of the Revised Code; shall not be used for any
capital construction projects; upon an order of the juvenile 38,762
court and subject to appropriation by the board of county 38,763
commissioners, shall be disbursed to the juvenile court for use 38,764
in accordance with the applicable provisions of division (C)(2) 38,765
of this section; shall not revert to the county general fund at 38,766
the end of any fiscal year; and shall carry over in the felony 38,767
delinquent care and custody fund from the end of any fiscal year 38,768
to the next fiscal year. The moneys disbursed to the juvenile 38,769
court pursuant to division (B) of this section and deposited 38,770
pursuant to this division in the felony delinquent care and 38,771
custody fund shall be in addition to, and shall not be used to 38,772
reduce, any usual annual increase in county funding that the 38,773
juvenile court is eligible to receive or the current level of 38,774
county funding of the juvenile court and of any programs or 38,775
services for delinquent children, unruly children, or juvenile 38,776
traffic offenders. 38,777
(2)(a) A county and the juvenile court that serves the 38,779
county shall use the moneys in its felony delinquent care and 38,780
custody fund in accordance with rules that the department of 38,781
youth services adopts pursuant to division (E) of section 5139.04 38,782
of the Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy 38,784
funds granted to the county pursuant to section 5139.34 of the 38,785
Revised Code shall be used to aid in the support of prevention, 38,787
early intervention, diversion, treatment, and rehabilitation 38,788
programs that are provided for alleged or adjudicated unruly 38,789
883
children or delinquent children or for children who are at risk 38,790
of becoming unruly children or delinquent children. The county 38,791
shall not use for capital improvements more than fifteen per cent 38,792
of the moneys in the fund that represent the applicable annual 38,793
grant of those state subsidy funds. 38,795
(ii) The moneys in the fund that were disbursed to the 38,798
juvenile court pursuant to division (B) of this section and 38,799
deposited pursuant to division (C)(1) of this section in the fund 38,801
shall be used to provide programs and services for the training, 38,802
treatment, or rehabilitation of felony delinquents that are 38,803
alternatives to their commitment to the department, including, 38,804
but not limited to, community residential programs, day treatment 38,805
centers, services within the home, and electronic monitoring, and 38,806
shall be used in connection with training, treatment, 38,808
rehabilitation, early intervention, or other programs or services
for any delinquent child, unruly child, or juvenile traffic 38,809
offender who is under the jurisdiction of the juvenile court. 38,810
For purposes of division (C)(2)(a)(ii) of this section, a 38,811
delinquent child includes a child who is so adjudicated for the 38,812
commission of an act that if committed by an adult would be a 38,813
misdemeanor or felony. 38,814
If, during the previous state fiscal year, the county did 38,817
not exceed in any month its monthly allocation as determined
pursuant to division (B)(1) of this section in connection with 38,819
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 38,821
of this section, the moneys in the fund that were disbursed to 38,822
the juvenile court pursuant to division (B) of this section and 38,824
deposited pursuant to division (C)(1) of this section in the fund 38,826
also may be used for prevention, early intervention, diversion, 38,827
treatment, and rehabilitation programs that are provided for 38,828
alleged or adjudicated unruly children, delinquent children, or 38,829
juvenile traffic offenders or for children who are at risk of 38,830
becoming unruly children, delinquent children, or juvenile 38,831
traffic offenders. Consistent with division (C)(1) of this 38,833
884
section, a county and the juvenile court of a county shall not 38,834
use any of those moneys for capital construction projects. 38,836
(iii) The county and the juvenile court that serves the 38,839
county may not use moneys in the fund for the provision of care 38,840
and services for children, including, but not limited to, care 38,841
and services in a detention facility, in another facility, or in 38,842
out-of-home placement, unless the minimum standards that apply to 38,843
the care and services and that the department prescribes in rules 38,844
adopted pursuant to division (E) of section 5139.04 of the 38,845
Revised Code have been satisfied. 38,846
(b) Each juvenile court shall comply with division 38,848
(C)(3)(d) of this section as implemented by the department. If a 38,849
juvenile court fails to comply with that division and the 38,850
department is not able to reconcile fiscal accounting as a 38,851
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 38,852
(3) In accordance with rules adopted by the department 38,854
pursuant to division (E) of section 5139.04 of the Revised Code, 38,856
each juvenile court and the county served by that juvenile court 38,857
shall do all of the following that apply: 38,858
(a) The juvenile court shall prepare an annual grant 38,860
agreement and application for funding that satisfies the 38,861
requirements of this section and section 5139.34 of the Revised 38,863
Code and that pertains to the use, upon an order of the juvenile 38,864
court and subject to appropriation by the board of county 38,865
commissioners, of the moneys in its felony delinquent care and 38,866
custody fund for specified programs, care, and services as 38,867
described in division (C)(2)(a) of this section, shall submit 38,868
that agreement and application to the county family and children 38,869
first council, the regional family and children first council, or 38,870
the local intersystem services to children cluster as described 38,871
in sections 121.37 and 121.38 of the Revised Code, whichever is 38,873
applicable, and shall file that agreement and application with 38,874
the department for its approval. The annual grant agreement and 38,876
885
application for funding shall include a method of ensuring equal
access for minority youth to the programs, care, and services 38,878
specified in it. 38,879
The department may approve an annual grant agreement and 38,882
application for funding only if the juvenile court involved has 38,883
complied with the preparation, submission, and filing
requirements described in division (C)(3)(a) of this section. If 38,886
the juvenile court complies with those requirements and the 38,887
department approves that agreement and application, the juvenile 38,888
court and the county served by the juvenile court may expend the 38,889
state subsidy funds granted to the county pursuant to section 38,890
5139.34 of the Revised Code only in accordance with division 38,892
(C)(2)(a) of this section, the rules pertaining to state subsidy 38,894
funds that the department adopts pursuant to division (E) of 38,895
section 5139.04 of the Revised Code, and the approved agreement 38,896
and application.
(b) By the thirty-first day of August of each year, the 38,899
juvenile court shall file with the department a report that 38,900
contains all of the statistical and other information for each 38,901
month of the prior state fiscal year that will permit the 38,902
department to prepare the report described in division (D) of 38,903
this section and the annual report described in division (H) of 38,904
section 5139.04 of the Revised Code. If the juvenile court fails 38,905
to file the report required by division (C)(3)(b) of this section 38,907
by the thirty-first day of August of any year, the department 38,909
shall not disburse any payment of state subsidy funds to which 38,910
the county otherwise is entitled pursuant to section 5139.34 of 38,911
the Revised Code and shall not disburse pursuant to division 38,912
(B)(3)(a) or (b)(ii) of this section the remainder of the 38,913
applicable monthly allocation of the county until the juvenile 38,914
court fully complies with division (C)(3)(b) of this section. 38,917
(c) If the department requires the juvenile court to 38,919
prepare monthly statistical reports for use under section 5139.42 38,920
of the Revised Code and to submit the reports on forms provided 38,921
886
by the department, the juvenile court shall file those reports 38,922
with the department on the forms so provided. If the juvenile 38,923
court fails to prepare and submit those monthly statistical 38,924
reports within the department's timelines, the department shall 38,925
not disburse any payment of state subsidy funds to which the 38,926
county otherwise is entitled pursuant to section 5139.34 of the 38,927
Revised Code and shall not disburse pursuant to division 38,929
(B)(3)(a) or (b)(ii) of this section the remainder of the 38,931
applicable monthly allocation of the county until the juvenile 38,932
court fully complies with division (C)(3)(c) of this section. IF 38,934
THE JUVENILE COURT FAILS TO PREPARE AND SUBMIT THOSE MONTHLY
STATISTICAL REPORTS WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE 38,935
THE DEPARTMENT ESTABLISHES FOR THEIR SUBMISSION, THE DEPARTMENT 38,936
SHALL NOT DISBURSE ANY PAYMENT OF STATE SUBSIDY FUNDS TO WHICH 38,937
THE COUNTY OTHERWISE IS ENTITLED PURSUANT TO SECTION 5139.34 OF 38,938
THE REVISED CODE AND SHALL NOT DISBURSE PURSUANT TO DIVISION 38,940
(B)(3)(a) OR (b)(ii) OF THIS SECTION THE REMAINDER OF THE 38,942
APPLICABLE MONTHLY ALLOCATION OF THE COUNTY, AND THE STATE
SUBSIDY FUNDS AND THE REMAINDER OF THE APPLICABLE MONTHLY 38,945
ALLOCATION SHALL REVERT TO THE DEPARTMENT. IF A JUVENILE COURT 38,946
STATES IN A MONTHLY STATISTICAL REPORT THAT THE JUVENILE COURT 38,947
ADJUDICATED FIVE HUNDRED OR MORE CHILDREN TO BE DELINQUENT 38,948
CHILDREN FOR COMMITTING ACTS THAT WOULD BE FELONIES IF COMMITTED 38,949
BY ADULTS, THE JUVENILE COURT SHALL HAVE AN INDEPENDENT AUDITOR 38,950
CERTIFY THE ACCURACY OF THE DATA ON A DATE DETERMINED BY THE 38,951
DEPARTMENT.
(d) If the department requires the juvenile court and the 38,953
county to participate in a fiscal monitoring program or another 38,955
monitoring program that is conducted by the department to ensure 38,956
compliance by the juvenile court and the county with division (C) 38,957
of this section, the juvenile court and the county shall 38,958
participate in the program and fully comply with any guidelines 38,959
for the performance of audits adopted by the department pursuant 38,960
to that program and all requests made by the department pursuant 38,961
887
to that program for information necessary to reconcile fiscal 38,962
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program described in 38,964
this division determines that the juvenile court or the county 38,965
used moneys in the county's felony delinquent care and custody 38,966
fund for expenses that are not authorized under division (C) of 38,968
this section, within forty-five days after the department 38,969
notifies the county of the unauthorized expenditures, the county 38,970
either shall repay the amount of the unauthorized expenditures to 38,971
the state's general revenue fund or shall file a written appeal 38,973
with the department. If an appeal is timely filed, the director 38,974
of the department shall render a decision on the appeal and shall 38,975
notify the appellant county or its juvenile court of that 38,976
decision within forty-five days after the date that the appeal is 38,977
filed. If the director denies an appeal, the county's fiscal 38,978
agent shall repay the amount of the unauthorized expenditures to 38,979
the state's general revenue fund within thirty days after 38,980
receiving the director's notification of the appeal decision. If 38,981
the county fails to make the repayment within that thirty-day 38,983
period and if the unauthorized expenditures pertain to moneys 38,985
allocated under sections 5139.41 to 5139.45 of the Revised Code, 38,987
the department shall deduct the amount of the unauthorized 38,989
expenditures from the next monthly allocation of those moneys to 38,991
the county in accordance with this section or from the 38,992
allocations that otherwise would be made under those sections to 38,994
the county during the next state fiscal year in accordance with 38,996
this section and shall return that deducted amount to the state's 38,997
general revenue fund. If the county fails to make the repayment 38,998
within that thirty-day period and if the unauthorized 38,999
expenditures pertain to moneys granted pursuant to section 39,000
5139.34 of the Revised Code, the department shall deduct the 39,002
amount of the unauthorized expenditures from the next annual 39,003
grant to the county pursuant to that section and shall return 39,004
than deducted amount to the state's general revenue fund. 39,005
888
(D) On or prior to the first day of December of each year, 39,008
the department of youth services shall submit to the joint
legislative committee on juvenile corrections overcrowding a 39,009
report that pertains to the operation of sections 5139.34 and 39,010
5139.41 to 5139.45 of the Revised Code during the immediately 39,011
preceding state fiscal year and that includes, but is not limited 39,012
to, the following: 39,013
(1) A description of the programs, care, and services that 39,016
were financed under those sections in each county; 39,017
(2) The number of felony delinquents, other delinquent 39,019
children, unruly children, and juvenile traffic offenders served 39,020
by the programs, care, and services in each county; 39,021
(3) The total number of children adjudicated in each 39,024
juvenile court as felony delinquents; 39,025
(4) The total number of felony delinquents who were 39,027
committed by the juvenile court of each county to the department 39,028
and who were in the care and custody of an institution or a 39,029
community corrections facility; 39,030
(5) A breakdown of the felony delinquents described in 39,032
division (D)(4) of this section on the basis of the types and 39,033
degrees of felonies committed, the ages of the felony delinquents 39,034
at the time they committed the felonies, and the sex and race of 39,035
the felony delinquents. 39,036
(E) THE DETERMINATION OF WHICH COUNTY A REDUCTION OF THE 39,038
MONTHLY CARE AND CUSTODY ALLOCATION WILL BE CHARGED AGAINST FOR A 39,039
PARTICULAR YOUTH SHALL BE MADE AS OUTLINED BELOW FOR ALL YOUTHS 39,041
WHO DO NOT QUALIFY AS PUBLIC SAFETY BEDS. THE DETERMINATION OF 39,042
WHICH COUNTY A REDUCTION OF THE MONTHLY CARE AND CUSTODY 39,043
ALLOCATION WILL BE CHARGED AGAINST SHALL BE MADE AS FOLLOWS UNTIL 39,044
EACH YOUTH IS RELEASED:
(1) IN THE EVENT OF A COMMITMENT, THE REDUCTION SHALL BE 39,046
CHARGED AGAINST THE COMMITTING COUNTY. 39,047
(2) IN THE EVENT OF A RECOMMITMENT, THE REDUCTION SHALL BE 39,049
CHARGED AGAINST THE ORIGINAL COMMITTING COUNTY UNTIL THE 39,050
889
EXPIRATION OF THE MINIMUM PERIOD OF INSTITUTIONALIZATION UNDER 39,051
THE ORIGINAL ORDER OF COMMITMENT OR UNTIL THE DATE ON WHICH THE 39,052
YOUTH IS ADMITTED TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO 39,053
THE ORDER OF RECOMMITMENT, WHICHEVER IS LATER. REDUCTIONS OF THE 39,054
MONTHLY ALLOCATION SHALL BE CHARGED AGAINST THE COUNTY THAT 39,055
RECOMMITTED THE YOUTH AFTER THE MINIMUM EXPIRATION DATE OF THE 39,056
ORIGINAL COMMITMENT. 39,057
(3) IN THE EVENT OF A REVOCATION OF A RELEASE ON PAROLE, 39,059
THE REDUCTION SHALL BE CHARGED AGAINST THE ORIGINAL COMMITTING 39,060
COUNTY.
Sec. 5139.50. (A) The release authority of the department 39,069
of youth services is hereby created as an independent 39,071
administrative division A BUREAU in the department. The release 39,073
authority shall consist of five members who are appointed by the 39,074
director of youth services and who have the qualifications 39,075
specified in division (B) of this section. The members of the 39,076
release authority shall devote their full time to the duties of 39,077
the release authority and shall neither seek nor hold other 39,078
public office. The members shall be in the unclassified civil 39,079
service.
(B) A person appointed as a member of the release 39,081
authority shall have a bachelor's degree from an accredited 39,082
college or university or equivalent relevant experience and shall 39,083
have the skills, training, or experience necessary to analyze 39,085
issues of law, administration, and public policy. The membership 39,086
of the release authority shall represent, insofar as practicable, 39,087
the diversity found in the children in the legal custody of the 39,088
department of youth services. 39,089
In appointing the five members, the director shall ensure 39,091
that the appointments include all of the following: 39,092
(1) At least four members who have five or more years of 39,095
experience in criminal justice, juvenile justice, or an
equivalent relevant profession; 39,096
(2) At least one member who has experience in victim 39,098
890
services or advocacy or who has been a victim of a crime or is a 39,099
family member of a victim; 39,100
(3) At least one member who has experience in direct care 39,103
services to delinquent children;
(4) At least one member who holds a juris doctor degree 39,105
from an accredited college or university. 39,106
(C) The initial appointments of members of the release 39,109
authority shall be for a term of six years for the chairperson 39,110
and one member, a term of four years for two members, and a term 39,111
of two years for one member. Thereafter, members shall be 39,112
appointed for six-year terms. At the conclusion of a term, a 39,113
member shall hold office until the appointment and qualification 39,114
of the member's successor. The director shall fill a vacancy 39,115
occurring before the expiration of a term for the remainder of 39,116
that term AND MAY APPOINT AN INTERIM MEMBER TO FULFILL THE 39,117
DUTIES OF A MEMBER WHO IS ON EXTENDED LEAVE OR DISABILITY STATUS. 39,118
A member may be reappointed, but a member may serve no more than 39,119
two consecutive terms regardless of the length of the member's 39,120
initial term. A member may be removed for good cause shown after 39,122
a full and open hearing by the release authority, if requested by 39,123
the member, at which the member has an opportunity to respond to 39,124
the allegations that provide the basis for a call for removal 39,125
DIRECTOR.
(D) The director of youth services shall designate as 39,128
chairperson of the release authority one of the members who has 39,129
experience in criminal justice, juvenile justice, or an 39,130
equivalent relevant profession. The chairperson shall have full 39,131
authority over the administration and management of the release 39,132
authority, BE A MANAGING OFFICER OF THE DEPARTMENT, SHALL 39,133
SUPERVISE THE MEMBERS OF THE BOARD AND THE OTHER STAFF IN THE
BUREAU, AND shall perform all duties and functions necessary to 39,135
ensure that the release authority discharges its 39,136
responsibilities, and shall act as the appointing authority for 39,139
all staff of the release authority. The chairperson shall employ 39,140
891
staff as necessary to carry out the duties of the release 39,141
authority, including hearing representatives to participate in 39,142
the hearing of cases on review and persons to provide 39,143
administrative support. The chairperson shall serve as the 39,144
official spokesperson for the release authority. 39,145
(E) A majority of the members of the release authority 39,148
shall constitute a quorum for transacting the official business 39,149
of the authority. The actions of the release authority shall be 39,150
determined by a majority vote of the quorum. 39,151
(F) The release authority shall do all of the following: 39,154
(1) Serve as the final and sole authority for making MAKE 39,156
decisions, in the interests of public safety and the children 39,157
involved, regarding the release and discharge of all children 39,159
committed to the legal custody of the department of youth 39,160
services, except children placed on judicial release or early 39,161
release by a juvenile court, children who have not completed a 39,162
prescribed minimum period of time or prescribed period of time in 39,163
a secure facility, or children who are required to remain in a
secure facility until they attain twenty-one years of age; 39,164
(2) Establish written policies and procedures for 39,166
conducting a periodic review REVIEWS of the status of each child 39,167
CHILDREN in the custody of the department, setting or modifying 39,169
dates of release and discharge for each child, specifying 39,170
COMMUNICATING TO THE COURT the duration, terms, and conditions of 39,172
release to be carried out in supervised release subject to the
addition of additional consistent terms and conditions by a court 39,173
in accordance with section 5139.51 of the Revised Code, and 39,175
giving a child notice of all reviews;
(3) Maintain records of its official actions, decisions, 39,178
orders, and hearing summaries and make the records accessible in 39,179
accordance with division (D) of section 5139.05 of the Revised 39,180
Code;
(4) Cooperate with public and private agencies, 39,182
communities, private groups, and individuals for the development 39,183
892
and improvement of its services; 39,184
(5) Collect, develop, and maintain statistical information 39,187
regarding its services and decisions;
(6) Submit to the director an annual report that includes 39,189
a description of the operations of the release authority, an 39,190
evaluation of its effectiveness, recommendations for statutory, 39,191
budgetary, or other changes necessary to improve its 39,192
effectiveness, and any other information required by the 39,193
director;
(7) Adopt rules and written policies and procedures to 39,195
govern its operations. 39,196
(G)(F) The release authority may do any of the following: 39,199
(1) Conduct inquiries, investigations, and reviews and 39,202
hold hearings and other proceedings necessary to properly
discharge its responsibilities; 39,203
(2) Issue subpoenas, enforceable in a court of law, to 39,205
compel a person to appear, give testimony, or produce documentary 39,207
information or other tangible items relating to a matter under 39,208
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons 39,210
under oath; 39,211
(4) Request assistance, services, and information from a 39,214
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and 39,215
information from the public agency in a reasonable period of 39,216
time;
(5) Request from a public agency or any other entity that 39,218
provides or has provided services to a child committed to the 39,219
department's legal custody information to enable the release 39,220
authority to properly discharge its responsibilities with respect 39,222
to that child and receive the information from the public agency
or other entity in a reasonable period of time; 39,223
(6) Require that the terms and conditions of a child's 39,225
supervised release be enforced during the period of supervised 39,226
893
release until discharge; 39,227
(7) Exercise any other powers necessary to discharge its 39,230
responsibilities.
(H) The release authority shall adopt specific written 39,232
policies governing the discharge of its responsibilities either 39,234
by the full membership of the authority or by the delegation of 39,235
authority to one or more members of the release authority or to 39,236
hearing representatives. The policy shall require that a hearing 39,237
be conducted by not fewer than two members of the release 39,238
authority, two hearing representatives, or a combination of a 39,239
member of the authority and a hearing representative. 39,240
(I) The release authority shall not delegate its authority 39,243
to make final decisions regarding policy or the release of a 39,244
child.
(J)(G) The release authority shall adopt a written policy 39,246
and procedures governing appeals of its release and discharge 39,248
decisions. The policy shall provide that a child may appeal to 39,251
the full release authority a decision denying release or 39,252
discharge made at a hearing conducted by a panel that does not 39,253
include all of the members of the release authority. The policy 39,254
also shall provide that if a decision denying release or 39,255
discharge is made by the full release authority, the child may 39,256
request one appeal hearing at which the child shall be afforded a 39,258
final opportunity to present new or additional information
related to any of the reasons enumerated by the release authority 39,259
in the decision under appeal. The release authority shall 39,260
consider an appeal in accordance with the policy and procedure 39,261
established under this division. 39,262
(K)(H) The legal staff of the department of youth services 39,265
shall provide assistance, upon request, to the release authority 39,268
in the formulation of policy and in its handling of individual 39,269
cases. The attorney general shall provide legal representation 39,270
for the release authority. The department of youth services 39,271
shall provide the release authority with a budget sufficient to 39,272
894
properly perform its obligations and responsibilities, subject to 39,273
administrative controls.
Sec. 5139.51. (A) The release authority of the department 39,282
of youth services shall not release a child who is in the custody 39,283
of the department of youth services from institutional care or 39,284
institutional care in a secure facility and shall not discharge 39,285
the child or order the child's release on supervised release 39,286
prior to the expiration of the prescribed minimum period of 39,287
institutionalization or institutionalization in a secure facility 39,288
or prior to the child's attainment of twenty-one years of age,
whichever is applicable under the order of commitment, other than 39,289
as is provided in division (A) of section 2151.38 of the Revised 39,290
Code. The release authority may conduct periodic reviews of the 39,291
case of each child who is in the custody of the department and 39,292
who is eligible for supervised release or discharge after 39,294
completing the minimum period of time or period of time in an 39,295
institution prescribed by the committing court. At least thirty
days prior to conducting a periodic review of the case of a child 39,296
who was committed to the department regarding the possibility of 39,299
supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge 39,300
review under division (E) of this section, the release authority 39,302
shall give notice of the review or hearing to the court that 39,304
committed the child, to the prosecuting attorney in the case, and 39,305
to the victim of the delinquent act for which the child was 39,306
committed or the victim's representative. If a child is on
supervised release and has had the child's parole revoked, and 39,307
if, upon release, there is insufficient time to provide the 39,308
notices otherwise required by this division, the release 39,309
authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court 39,310
that committed the child, to the prosecuting attorney in the 39,311
case, and to the victim of the delinquent act for which the child 39,312
was committed or the victim's representative. The court or 39,315
895
prosecuting attorney may submit to the release authority written 39,316
comments regarding, or written objections to, the supervised 39,317
release or discharge of that child. Additionally, if the child 39,318
was committed for an act that is a category one or category two 39,319
offense, the court or prosecuting attorney orally may communicate 39,320
to a representative of the release authority comments regarding, 39,321
or objections to, the supervised release or discharge of the 39,322
child or, if a hearing is held regarding the possible release or 39,324
discharge of the child, may communicate those comments at the 39,325
hearing. In conducting the review of the child's case regarding 39,327
the possibility of supervised release or discharge, the release 39,328
authority shall consider any comments and objections so submitted 39,329
or communicated by the court or prosecutor and any statements or 39,331
comments submitted or communicated under section 5139.56 of the 39,332
Revised Code by a victim of an act for which the child was 39,333
committed to the legal custody of the department or by the 39,334
victim's representative of a victim of an act of that type. 39,335
The release authority shall determine the date on which a 39,337
child may be placed on supervised release or discharged. If the 39,339
release authority believes that a child should be placed on 39,340
supervised release, it shall comply with division (B) of this 39,341
section. If the release authority believes that a child should 39,342
be discharged, it shall comply with division (C) or (E) of this 39,344
section. If the release authority denies the supervised release 39,346
or discharge of a child, it shall provide the child with a 39,347
written record of the reasons for the decision. 39,348
(B)(1) When the release authority DEPARTMENT decides to 39,351
place a child on supervised release, consistent with division (D) 39,353
of this section, it shall prepare a written supervised release 39,354
plan that specifies the terms and conditions upon which the child 39,355
is to be released from an institution on supervised release and, 39,356
at least thirty days prior to the release of the child on the 39,357
supervised release, shall send to the committing court and the 39,358
juvenile court of the county in which the child will be placed a 39,359
896
copy of the supervised release plan and the terms and conditions 39,360
that it fixes OF RELEASE. The juvenile court of the county in 39,361
which the child will be placed, within fifteen days after its 39,363
receipt of the copy of the supervised release plan, may add to 39,365
the supervised release plan any additional consistent terms and 39,366
conditions it considers appropriate, provided that the court may 39,367
not add any term or condition that decreases the level or degree 39,368
of supervision specified by the release authority in the plan, 39,369
that substantially increases the financial burden of supervision 39,370
that will be experienced by the department of youth services, or 39,371
that alters the placement specified by the release authority in 39,372
the plan.
If, within fifteen days after its receipt of the copy of 39,375
the release authority's supervised release plan, the juvenile 39,376
court of the county in which the child will be placed does not 39,377
add to the supervised release plan any additional terms and 39,378
conditions, the court shall enter the release authority's 39,379
supervised release plan in its journal within that fifteen-day 39,380
period and, within that fifteen-day period, shall send to the 39,381
release authority a copy of the journal entry of the supervised
release plan. The journalized plan shall apply regarding the 39,382
child's supervised release. 39,383
If, within fifteen days after its receipt of the copy of 39,386
the release authority's supervised release plan, the juvenile 39,387
court of the county in which the child will be placed adds to the 39,388
supervised release plan any additional terms and conditions, the 39,389
court shall enter the release authority's supervised release plan 39,390
and the additional terms and conditions in its journal and, 39,393
within that fifteen-day period, shall send to the release
authority a copy of the journal entry of the supervised release 39,394
plan and additional terms and conditions. The journalized 39,397
supervised release plan and additional terms and conditions added 39,398
by the court that satisfy the criteria described in this division 39,399
shall apply regarding the child's supervised release. 39,400
897
If, within fifteen days after its receipt of the copy of 39,402
the supervised release plan, the juvenile court of the county in 39,403
which the child will be placed neither enters in its journal the 39,404
release authority's supervised release plan nor enters in its 39,405
journal the release authority's supervised release plan plus 39,406
additional terms and conditions added by the court, the court and 39,407
the department of youth services may attempt to resolve any 39,408
differences regarding the plan within three days. If a 39,409
resolution is not reached within that three-day period, 39,410
thereafter, the release authority's supervised release plan shall 39,411
be enforceable to the same extent as if the court actually had 39,413
entered the release authority's supervised release plan in its 39,414
journal. 39,415
(2) When the release authority receives from the court a 39,418
copy of the journalized supervised release plan and, if 39,419
applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep 39,421
the original copy or copies in the child's file and shall provide 39,422
a copy of each document to the child, the employee of the 39,423
department who is assigned to supervise and assist the child 39,424
while on release, and the committing court. 39,425
(C) If a child who is in the custody of the department of 39,427
youth services was committed pursuant to division (A)(4) or (5) 39,429
of section 2151.355 of the Revised Code and has been 39,430
institutionalized or institutionalized in a secure facility for 39,431
the prescribed minimum periods of time under those divisions and 39,432
if the release authority is satisfied that the discharge of the 39,433
child without the child being placed on supervised release would 39,434
be consistent with the welfare of the child and protection of the 39,436
public, the release authority DEPARTMENT, without approval of the 39,437
court that committed the child, may discharge the child from its 39,438
custody and control without placing the child on supervised 39,439
release. Additionally, the department may discharge a child in 39,440
its custody without the child being placed on supervised release 39,441
898
if the child is removed from the jurisdiction of this state by a 39,442
court order of a court of this state, another state, or the 39,443
United States, or by any agency of this state, another state, or 39,444
the United States, if the child is convicted of or pleads guilty 39,445
to any criminal offense, or as otherwise provided by law. At 39,446
least fifteen days before the scheduled date of discharge of the 39,448
child without the child being placed on supervised release, the 39,449
department shall notify the committing court, in writing, that it 39,450
is going to discharge the child and of the reason for the 39,451
discharge. Upon discharge of the child without the child being 39,452
placed on supervised release, the department immediately shall 39,453
certify the discharge in writing and shall transmit the 39,454
certificate of discharge to the committing court. 39,455
(D) In addition to requirements that are reasonably 39,458
related to the child's prior pattern of criminal or delinquent 39,459
behavior and the prevention of further criminal or delinquent 39,460
behavior, the release authority DEPARTMENT shall specify the 39,461
following requirements for each child whom it releases: 39,462
(1) The child shall observe the law. 39,464
(2) The child shall maintain appropriate contact, as 39,466
specified in the written supervised release document PLAN for 39,467
that child, with the employee of the department assigned to 39,469
supervise and assist the child. 39,470
(3) The child shall not change residence unless the child 39,473
seeks prior approval for the change from the employee of the 39,474
department assigned to supervise and assist the child, provides 39,476
that employee, at the time the child seeks the prior approval for 39,477
the change, with appropriate information regarding the new 39,479
residence address at which the child wishes to reside, and 39,480
obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend 39,483
from the date of release from an institution until the child 39,484
attains twenty-one years of age. If the period of supervised 39,485
release extends beyond one year after the date of release, the 39,486
899
child may request in writing that the release authority conduct a 39,487
discharge review after the expiration of the one-year period or 39,488
the minimum period or period. If the child so requests, the 39,489
release authority shall conduct a discharge review and give the 39,490
child its decision in writing. The release authority shall not 39,491
grant a discharge prior to the discharge date if it finds good 39,492
cause for retaining the child in the custody of the department 39,493
until the discharge date. A child may request an additional 39,494
discharge review six months after the date of a previous 39,495
discharge review decision, but not more than once during any 39,496
six-month period after the date of a previous discharge review 39,497
decision.
(F) At least two weeks before the release authority places 39,499
on supervised release or discharges a child who was committed to 39,503
the legal custody of the department IS PLACED ON SUPERVISED
RELEASE OR DISCHARGED, the release authority shall provide notice 39,505
of the release or discharge as follows: 39,506
(1) In relation to the placement on supervised release OR 39,508
DISCHARGE of a child who was committed to the department for 39,510
committing an act that is a category one or category two offense 39,511
and in relation to the discharge of a child who was committed to 39,512
the department for committing any act, the release authority 39,513
shall notify, by the specified deadline, all of the following of 39,514
the release or discharge: 39,515
(a) The prosecuting attorney of the county in which the 39,517
child was adjudicated a delinquent child and committed to the 39,518
custody of the department; 39,519
(b) Whichever of the following is applicable: 39,521
(i) If upon the supervised release or discharge the child 39,523
will reside in a municipal corporation, the chief of police or 39,524
other chief law enforcement officer of that municipal 39,525
corporation;
(ii) If upon the supervised release or discharge the child 39,527
will reside in an unincorporated area of a county, the sheriff of 39,528
900
that county.
(2) In relation to the placement on supervised release or 39,530
discharge of a child who was committed to the department for 39,531
committing any act, the release authority shall notify, by the 39,532
specified deadline, each victim of the act for which the child 39,534
was committed to the legal custody of the department who, 39,535
pursuant to section 5139.56 of the Revised Code, has requested to 39,537
be notified of the placement of the child on supervised release 39,538
or the discharge of the child, provided that, if any victim has 39,540
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification 39,541
required by this division shall be provided to that victim's 39,542
representative. 39,543
Sec. 5139.55. (A)(1) The office of victims' services is 39,553
hereby created within the release authority of the department of 39,554
youth services. The office of victims' services shall provide 39,555
assistance to victims, victims' representatives, and members of a 39,556
victim's family. The assistance shall include, but shall not be 39,557
limited to, all of the following: 39,558
(a) If the court has provided the name and address of the 39,561
victims of the child's acts to the department of youth services, 39,562
notification that the child has been committed to the department, 39,563
notification of the right of the victim or another authorized 39,564
person to designate a person as a victim's representative under 39,566
section 5139.56 of the Revised Code and of the actions that must 39,568
be taken to make that designation, and notification of the right 39,569
to be notified of release reviews, pending release hearings, 39,570
revocation reviews, and discharge reviews related to that child 39,571
and of the right to participate in release proceedings under that 39,572
section and of the actions that must be taken to exercise those 39,573
rights;
(b) The provision of information about the policies and 39,576
procedures of the department of youth services and the status of
children in the legal custody of the department. 39,577
901
(2) The office shall make available publications 39,580
INFORMATION to assist victims in contacting staff of the 39,582
department about problems with OF DELINQUENT children on 39,584
supervised release or in a secure facility.
(B) The office of victims' services shall employ a victims 39,587
coordinator who shall administer the duties of the office. The 39,588
victims coordinator shall be in the unclassified civil service 39,589
and, as a managing officer of the department, shall report 39,590
directly to the chairperson of the release authority. The office 39,591
shall employ other staff members to assist the members of the 39,592
release authority and hearing representatives in identifying 39,593
victims' issues, ensure that the release authority upholds the 39,594
provisions of section 5139.56 of the Revised Code, and make 39,595
recommendations to the release authority in accordance with 39,596
policies adopted by the department. The chairperson of the 39,597
release authority shall approve the hiring of the employees of 39,598
the office.
(C) The office of victims' services shall coordinate its 39,601
activities with the chairperson of the release authority. The 39,602
victims coordinator and other employees of the office shall have 39,603
full access to the records of children in the legal custody of 39,604
the department in accordance with division (D) of section 5139.05 39,605
of the Revised Code.
Sec. 5145.30. (A) As used in this section: 39,614
(1) "Free weight exercise equipment" means any equipment 39,616
or device that is designed to increase the muscle mass and 39,617
physical strength of the person using it. "Free weight exercise 39,618
equipment" includes, but is not limited to, barbells, dumbbells, 39,620
weight plates, and similar free weight-type equipment and other 39,621
devices that the department of rehabilitation and correction, in
rules adopted under section 5120.423 of the Revised Code, 39,622
designates as enabling a person to increase muscle mass and 39,623
physical strength.
(2) "Fixed weight exercise equipment" means any equipment, 39,625
902
machine, or device that is not designed primarily to increase 39,627
muscle mass and physical strength but rather to keep a person in 39,628
relatively good physical condition. "Fixed weight exercise 39,629
equipment" includes, but is not limited to, weight machines that 39,630
utilize weight plates, tension bands, or similar devices that 39,631
provide weight training resistance like universal and nautilus 39,632
equipment. "Fixed weight exercise equipment" includes machines 39,633
that are usually assembled as a unit, are not readily dismantled, 39,635
and have been specifically modified for prison use so as to make 39,636
them secure and immobile.
(B)(1) No officer or employee of a correctional 39,638
institution under the control or supervision of the department of 39,639
rehabilitation and correction shall do any of the following: 39,640
(1)(a) Provide a prisoner access to free weight exercise 39,642
equipment; 39,643
(2)(b) Provide a prisoner access to fixed weight exercise 39,645
equipment unless the prisoner is incarcerated in a minimum or 39,647
medium security facility. Such a prisoner shall be allowed 39,648
access to such equipment for no more than three hours per week. 39,649
The prisoner shall be supervised at all times access is
permitted, and a list documenting names of prisoners and 39,650
supervising personnel, dates, and times of usage shall be 39,651
maintained at each facility.
(3)(c) Allow a prisoner to provide or receive instruction 39,653
in boxing, wrestling, karate, judo, or another form of martial 39,656
arts, or any other program that the department, in rules adopted 39,657
under section 5120.423 of the Revised Code, designates as 39,658
enabling a person to improve fighting skills. 39,659
(C)(2) Nothing in DIVISION (B)(1) OF this section 39,662
prohibits an officer or employee of a correctional institution 39,663
under the control or supervision of the department from allowing 39,664
a prisoner to participate in jogging, basketball, stationary
exercise bicycling, supervised calisthenics, or other physical 39,666
activities that are not designed to increase muscle mass and 39,667
903
physical strength or improve fighting skills. 39,668
(C) ALL OF THE FOLLOWING APPLY REGARDING EACH CORRECTIONAL 39,671
INSTITUTION UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 39,672
REHABILITATION AND CORRECTION THAT HOUSES ANY PRISONERS: 39,673
(1) THE DEPARTMENT SHALL PROVIDE CLOTHING FOR ALL 39,675
PRISONERS WHO ARE HOUSED IN THE INSTITUTION THAT IS CONSPICUOUS 39,676
IN ITS COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY 39,677
IDENTIFIES ITS WEARER AS A PRISONER, AND THAT IS READILY 39,678
DISTINGUISHABLE FROM CLOTHING OF A NATURE THAT NORMALLY IS WORN 39,679
OUTSIDE THE INSTITUTION BY NON-PRISONERS, SHALL REQUIRE ALL 39,680
PRISONERS HOUSED IN THE INSTITUTION TO WEAR THE CLOTHING SO 39,681
PROVIDED, AND SHALL NOT PERMIT ANY PRISONER, WHILE INSIDE OR ON 39,682
THE PREMISES OF THE INSTITUTION, TO WEAR ANY CLOTHING OF A NATURE 39,684
THAT DOES NOT CONSPICUOUSLY IDENTIFY ITS WEARER AS A PRISONER AND 39,685
THAT NORMALLY IS WORN OUTSIDE THE INSTITUTION BY NON-PRISONERS. 39,686
(2) THE SECURITY CLASSIFICATION SCHEDULE THE DEPARTMENT 39,688
USES FOR PRISONERS HOUSED IN THE INSTITUTION SHALL REQUIRE THE 39,689
CONSIDERATION OF ALL INFORMATION RELEVANT TO THE CLASSIFICATION, 39,690
INCLUDING, BUT NOT LIMITED TO, ALL PENDING CRIMINAL CHARGES 39,691
AGAINST THE PRISONER BEING CLASSIFIED, THE OFFENSE FOR WHICH THE 39,692
PRISONER WILL BE CONFINED IN THE INSTITUTION, AND ALL PRIOR 39,693
CONVICTIONS OF OR PLEAS OF GUILTY BY THE PRISONER. 39,694
Sec. 5153.123. NOTWITHSTANDING SECTIONS 102.03, 102.04, 39,696
2921.42, AND 2921.43 OF THE REVISED CODE, AN EMPLOYEE OF ANY 39,697
PUBLIC CHILDREN SERVICES AGENCY OR ANY COUNTY DEPARTMENT OF HUMAN 39,698
SERVICES MAY ENTER INTO A CONTRACT WITH A PRIVATE AGENCY TO 39,700
PROVIDE TRAINING TO EMPLOYEES OF ANY PUBLIC CHILDREN SERVICES 39,701
AGENCY OR ANY COUNTY DEPARTMENT OF HUMAN SERVICES IF ALL OF THE 39,702
FOLLOWING CONDITIONS ARE MET: 39,703
(A) THE EMPLOYEE RECEIVES PRIOR WRITTEN PERMISSION FROM 39,705
THE EXECUTIVE DIRECTOR OF THE PUBLIC CHILDREN SERVICES AGENCY OR 39,706
COUNTY DEPARTMENT OF HUMAN SERVICES FOR WHICH THE EMPLOYEE WORKS. 39,707
(B) DURING ANY CONTRACT NEGOTIATIONS AND AT ALL TIMES 39,709
ASSOCIATED WITH THE PERFORMANCE OF DUTIES UNDER THE CONTRACT, THE 39,710
904
EMPLOYEE IS ON VACATION, PERSONAL, OR UNPAID LEAVE FROM THE 39,711
PUBLIC CHILDREN SERVICES AGENCY OR COUNTY DEPARTMENT OF HUMAN 39,712
SERVICES FOR WHICH THE EMPLOYEE WORKS.
(C) THE DEPARTMENT OF HUMAN SERVICES SELECTS THE PRIVATE 39,714
AGENCY THAT PROVIDES THE TRAINING PURSUANT TO A CONTRACT. 39,715
(D) THE EMPLOYEE IS NOT INVOLVED IN THE DEVELOPMENT OF THE 39,717
REQUEST FOR PROPOSALS TO HIRE A PRIVATE AGENCY FOR THE TRAINING, 39,718
OR IN THE SELECTION OF THE PRIVATE AGENCY THAT RECEIVES THE 39,720
TRAINING CONTRACT.
(E) THE PRIVATE AGENCY USES AN OBJECTIVE TRAINING 39,722
EVALUATION PROCESS APPROVED BY THE STATE DEPARTMENT OF HUMAN 39,723
SERVICES TO EVALUATE AND RANK TRAINERS BY PERFORMANCE TO SELECT 39,725
THE HIGHEST SCORING TRAINERS FOR CONTRACTING PURPOSES.
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of 39,734
the Revised Code:
(A) "Agency" means any administrative or operational 39,736
division, including an office, department, bureau, board, 39,737
commission, or authority, of the state or of a political 39,738
subdivision thereof, including volunteer agencies, organizations, 39,739
or departments. 39,740
(B) "Attack" means any attack, either actual or imminent, 39,742
or a series of attacks by an actual or potential enemy of the 39,743
United States or by a foreign nation upon the United States that 39,744
causes or may cause substantial damage to or destruction of life, 39,745
property, or the environment within the United States or that is 39,746
designed to injure the military or economic strength of the 39,747
United States. "Attack" includes, without limitation, acts of 39,748
sabotage, acts of terrorism, invasion, the use of bombs or 39,749
shellfire, conventional, nuclear, chemical, or biological 39,750
warfare, and the use of other weapons or processes. 39,751
(C) "Chief executive" means the president of the United 39,753
States, the governor of this state, the board of county 39,754
commissioners of any nonchartered county, the executive authority 39,755
of any county established under Section 3 of Article X, Ohio 39,756
905
Constitution, or Chapter 302. of the Revised Code, the board of 39,757
township trustees of any township, or the mayor or city manager 39,758
of any municipal corporation within this state. 39,759
(D) "Civil defense" is an integral part of emergency 39,761
management that includes all those activities and measures 39,762
designed or undertaken to minimize the effects upon the civilian 39,763
population caused or which THAT would be caused by any hazard and 39,765
to effect emergency repairs to, or the emergency restoration of, 39,766
vital equipment, resources, supplies, utilities, and facilities 39,767
necessary for survival and for the public health, safety, and 39,768
welfare that would be damaged or destroyed by any hazard. "Civil 39,769
defense" includes, but is not limited to: 39,770
(1) Those measures to be taken during a hazard, including 39,772
all of the following: 39,773
(a) The enforcement of those passive defense regulations 39,775
necessary for the protection of the civilian population and 39,776
prescribed by duly established military or civil authorities; 39,777
(b) The evacuation of personnel to shelter areas; 39,779
(c) The control of traffic and panic situations; 39,781
(d) The control and use of emergency communications, 39,783
lighting, and warning equipment and systems. 39,784
(2) Those measures to be taken after a hazard has 39,786
occurred, including all of the following: 39,787
(a) Activities necessary for fire fighting FIREFIGHTING, 39,789
rescue, emergency, medical, health, and sanitation services; 39,791
(b) Monitoring for secondary hazards that could be caused 39,793
from the initiating event; 39,794
(c) Damage assessment and disaster analysis operations; 39,796
(d) Coordination of disaster assistance programs; 39,798
(e) Monitoring for effects from weapons; 39,800
(f) Unexploded bomb reconnaissance; 39,802
(g) Essential debris clearance; 39,804
(h) Decontamination operations; 39,806
(i) Documentation of operations and financial expenses; 39,808
906
(j) Resource control; 39,810
(k) Any other activities that may be necessary for 39,812
survival and the overall health, safety, and welfare of the 39,813
civilian population. 39,814
(E) "Disaster" means any imminent threat or actual 39,816
occurrence of widespread or severe damage to or loss of property, 39,817
personal hardship or injury, or loss of life that results from 39,818
any natural phenomenon or act of man A HUMAN. 39,819
(F) "Emergency" means any period during which the congress 39,821
of the United States or a chief executive has declared or 39,822
proclaimed that an emergency exists. 39,823
(G) "Emergency management" includes all emergency 39,825
preparedness and civil defense activities and measures, whether 39,826
or not mentioned or described in sections 5502.21 to 5502.51 of 39,828
the Revised Code, that are designed or undertaken to minimize the 39,829
effects upon the civilian population caused or that could be 39,830
caused by any hazard and that are necessary to address 39,831
mitigation, emergency preparedness, response, and recovery. 39,832
(H) "Emergency preparedness" is an integral part of 39,834
emergency management that includes those activities and measures 39,835
designed or undertaken in preparation for any hazard, including, 39,837
but not limited to, natural disasters and hazards involving 39,838
hazardous materials or radiological materials, and that will 39,840
enhance the probability for preservation of life, property, and 39,841
the environment. "Emergency preparedness" includes, without
limitation: 39,842
(1) The establishment of appropriate agencies and 39,844
organizations; 39,845
(2) The development of necessary plans and standard 39,847
operating procedures for mitigation, preparation, response, and 39,848
recovery purposes, including, without limitation, the development 39,849
of supporting agreements and memorandums of understanding; 39,850
(3) Hazard identification; 39,852
(4) Capability assessment; 39,854
907
(5) The recruitment, retention, and training of personnel; 39,856
(6) The development, printing, and distribution of 39,858
emergency public information, education, and training materials 39,859
and programs; 39,860
(7) The necessary conduct of research; 39,862
(8) The development of resource inventories; 39,864
(9) The procurement and stockpiling of equipment, food, 39,866
water, medical supplies, and any other supplies necessary for 39,867
survival and for the public health, safety, and welfare; 39,868
(10) The development and construction of public shelter 39,870
facilities and shelter spaces; 39,871
(11) The development and construction of emergency 39,873
operations centers for the conduct and support of coordination, 39,874
direction, and control activities; 39,875
(12) When appropriate and considered necessary, the 39,877
nonmilitary evacuation or temporary relocation of the civilian 39,878
population. 39,879
(I) "Hazard" means any actual or imminent threat to the 39,881
survival or overall health, safety, or welfare of the civilian 39,882
population that is caused by any natural, man-made HUMAN-MADE, or 39,884
technological event. "Hazard" includes, without limitation, an 39,885
attack, disaster, and emergency. 39,886
(J) "Hazard identification" means an identification, 39,888
historical analysis, inventory, or spatial distribution of risks 39,889
that could affect a specific geographical area and that would 39,890
cause a threat to the survival, health, safety, or welfare of the 39,891
civilian population, the property of that population, or the 39,892
environment. 39,893
(K) "Law" includes a general or special statute, law, 39,895
local law, ordinance, resolution, rule, order, or rule of common 39,896
law. 39,897
(L) "Mitigation" means all those activities that reduce or 39,899
eliminate the probability of a hazard. "Mitigation" also 39,900
includes long-term activities and measures designed to reduce the 39,901
908
effects of unavoidable hazards. 39,902
(M) "Political subdivision" means a county, township, or 39,904
municipal corporation in this state. 39,905
(N) "Recovery" includes all those activities required and 39,907
necessary to return an area to its former condition to the extent 39,908
possible following the occurrence of any hazard. 39,909
(O) "Response" includes all those activities that occur 39,911
subsequent to any hazard and that provide emergency assistance 39,912
from the effects of any such hazard, reduce the probability of 39,913
further injury, damage, or destruction, and are designed or 39,914
undertaken to speed recovery operations. 39,915
(P) "Structure" includes shelters, additions to or 39,917
alterations of existing buildings, and portions of existing 39,918
buildings dedicated to public use, made and designed exclusively 39,919
for protection against the shock or other effects of nuclear, 39,920
biological, or chemical warfare, special housing for equipment, 39,921
and all other structural means of protection of individuals and 39,922
property against any hazard. 39,923
(Q) "Equipment" includes fire-fighting, first-aid, 39,925
emergency medical, hospital, salvage, and rescue equipment and 39,926
materials, equipment for evacuation or relocation of individuals, 39,927
radiological monitoring equipment, hazardous materials response 39,928
gear, communications equipment, warning equipment, and all other 39,929
means, in the nature of personal property, to be used exclusively 39,930
in the protection of individuals and property against the effects 39,931
of any hazard. 39,932
(R) "Certifying authority" means the deputy EXECUTIVE 39,934
director of the emergency management agency provided for by 39,936
section 5502.22 of the Revised Code. 39,938
(S) "Civil defense certificate" means a civil defense 39,940
certificate of necessity issued pursuant to section 5502.42 of 39,942
the Revised Code. 39,943
Sec. 5502.22. (A) There is hereby established within the 39,953
department of public safety an emergency management agency, which 39,954
909
shall be governed under rules adopted by the director of public 39,956
safety under section 5502.25 of the Revised Code. The director, 39,958
with the concurrence of the governor, shall appoint a deputy AN 39,959
EXECUTIVE director, who shall be head of the emergency management 39,961
agency. The deputy EXECUTIVE director may appoint a chief 39,964
executive assistant, executive assistants, and administrative and 39,966
technical personnel within that agency as may be necessary to 39,967
plan, organize, and maintain emergency management adequate to the 39,968
needs of the state. The deputy EXECUTIVE director shall 39,969
coordinate all activities of all agencies for emergency 39,970
management within the state, shall maintain liaison with similar 39,971
agencies of other states and of the federal government, shall 39,972
cooperate with those agencies subject to the approval of the 39,973
governor, and shall develop a statewide emergency operations plan 39,974
that shall meet any applicable federal requirements for such 39,975
plans. The deputy EXECUTIVE director shall have such additional 39,977
authority, duties, and responsibilities as are prescribed by the 39,978
governor and the director or provided by law in all matters 39,980
relating to emergency management that may be reflected in other 39,982
sections of the Revised Code. The deputy EXECUTIVE director 39,984
shall advise the governor and director on matters pertaining to 39,985
emergency management on a regular basis.
Whenever the disaster services agency or director is 39,987
referred to or designated in any statute, rule, contract, or 39,988
other document, the reference or designation shall be deemed to 39,989
refer to the emergency management agency or deputy EXECUTIVE 39,990
director, as the case may be. 39,992
(B) For the purposes of emergency management, the deputy 39,994
EXECUTIVE director, with the approval of the director, may 39,996
participate in federal programs, accept grants from, and enter 39,997
into cooperative agreements or contractual arrangements with any 39,998
federal, state, or local department, agency, or subdivision 39,999
thereof, or any other person or body politic. Whenever the
duties of the emergency management agency overlap with rights or 40,000
910
duties of other federal, state, or local departments, agencies, 40,001
subdivisions, or officials, or private agencies, the deputy 40,002
EXECUTIVE director shall cooperate with, and not infringe upon 40,004
the rights and duties of, the other public or private entities. 40,005
Funds made available by the United States for the use of 40,007
the emergency management agency shall be expended by that agency 40,008
only for the purposes for which the funds were appropriated. In 40,009
accepting federal funds, the emergency management agency shall 40,011
abide by the terms and conditions of the grant, cooperative 40,012
agreement, or contractual arrangement and shall expend the funds 40,013
in accordance with the laws and regulations of the United States. 40,014
Sec. 5502.25. The director of public safety, in accordance 40,023
with Chapter 119. of the Revised Code, shall adopt, may amend or 40,025
rescind, and shall enforce, rules with respect to the emergency
management of the state for the purpose of providing protection 40,027
for its people against any hazard. The rules shall be made 40,028
available for public inspection at the emergency operations 40,030
center/joint dispatch facility and at such other places and 40,031
during such reasonable hours as fixed by the deputy EXECUTIVE 40,032
director of emergency management.
Sec. 5502.28. In carrying out sections 5502.21 to 5502.51 40,041
of the Revised Code, the governor shall utilize the services, 40,044
equipment, supplies, and facilities of existing agencies of the 40,045
state and of the political subdivisions thereof to the maximum 40,046
extent practicable, and the officers and personnel of all such 40,047
agencies shall cooperate with and extend such services, 40,048
equipment, supplies, and facilities to the governor and to the 40,049
deputy EXECUTIVE director of the emergency management agency upon 40,051
request.
Every agency for emergency management established pursuant 40,053
to sections 5502.21 to 5502.51 of the Revised Code and every 40,055
political subdivision that has established a program for 40,056
emergency management under section 5502.271 of the Revised Code, 40,057
and the officers thereof, shall execute and enforce any emergency 40,059
911
management orders and rules issued or adopted by the director of 40,060
public safety. 40,061
Sec. 5502.34. No person shall be employed or associated in 40,070
any capacity in any position or agency established under sections 40,071
5502.21 to 5502.51 of the Revised Code who advocates or has 40,072
advocated a change by force or violence in the constitutional 40,073
form of the government of the United States or of this state or 40,074
who has been convicted of or is under indictment or information 40,075
charging any subversive act against the United States or this 40,076
state. Each person who is appointed to serve in any position in 40,077
emergency management or in an agency for emergency management, 40,078
before entering upon his THE PERSON'S duties, shall register, in 40,079
writing, his THE PERSON'S name, address, and any other necessary 40,080
information pertaining to his THE PERSON'S qualifications and 40,081
choice of type of service and shall take an oath before the 40,083
deputy EXECUTIVE director of the emergency management agency or 40,084
local emergency management director or deputy director, or any 40,085
other person authorized to administer oaths in this state, which 40,086
oath shall be as follows: 40,087
"I, ........................, do solemnly swear (or affirm) 40,089
that I will support and defend the constitution of the United 40,090
States and the constitution of the state of Ohio, against all 40,091
enemies, foreign and domestic; that I will bear true faith and 40,092
allegiance to the same; that I will obey the orders of the 40,093
governor of the state of Ohio; that I take this obligation 40,094
freely, without any mental reservation or purpose of evasion; and 40,095
that I will faithfully discharge the duties upon which I am about 40,096
to enter. 40,097
"And I do further swear (or affirm) that I do not advocate, 40,099
nor am I a member of any political party or organization that 40,100
advocates, the overthrow of the government of the United States 40,101
or of this state by force or violence; and that during such time 40,102
as I am engaged in emergency management employment or activities, 40,103
I will not advocate nor become a member of any political party or 40,104
912
organization that advocates the overthrow of the government of 40,105
the Unites UNITED States or of this state by force or violence." 40,107
Sec. 5515.01. The director of transportation may upon 40,116
formal application being made to the director, grant a permit to 40,118
any individual, firm, or corporation to use or occupy such
portion of a road or highway on the state highway system as will 40,120
not incommode the traveling public. Such permits, when granted, 40,121
shall be upon the following conditions: 40,122
(A) The occupancy of such roads or highways shall be in 40,124
the location as prescribed by the director. 40,125
(B) Such location shall be changed as prescribed by the 40,127
director when the director deems such change necessary for the 40,129
convenience of the traveling public, or in connection with or
contemplation of the construction, reconstruction, improvement, 40,131
relocating, maintenance, or repair of such road or highway. 40,132
(C) The placing of objects or things shall be at a grade 40,134
and in accordance with such plans, specifications, or both, as 40,135
shall be first approved by the director. 40,136
(D) The road or highway in all respects shall be fully 40,138
restored to its former condition of usefulness and at the expense 40,139
of such individual, firm, or corporation. 40,140
(E) Such individual, firm, or corporation shall maintain 40,142
all objects and things in a proper manner, promptly repair all 40,143
damages resulting to such road or highway on account thereof, and 40,144
in event of failure to so repair such road or highway to pay to 40,145
the state all costs and expenses which may be expended by the 40,146
director in repairing any damage. 40,147
(F) Such other conditions as may seem reasonable to the 40,149
director, but no condition shall be prescribed which imposes the 40,150
payment of a money consideration for the privilege granted. 40,151
Nothing in this division prohibits the director from requiring 40,153
payment of money consideration for a lease, easement, license, or 40,154
other interest in a transportation facility under control of the 40,155
department OF TRANSPORTATION.
913
(G) Permits may be revoked by the director at any time for 40,157
a noncompliance with the conditions imposed. 40,158
(H) As a condition precedent to the issuance of a permit 40,160
to a telecommunications service provider, the director shall 40,162
require the applicant to provide proof it is party to a lease, 40,163
easement, or license for the construction, placement, or 40,164
operation of a telecommunications facility in or on a 40,165
transportation facility. 40,166
Except as otherwise provided in this section and section 40,168
5501.311 of the Revised Code, Chapters 5501., 5503., 5511.,, 40,169
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 40,172
5528., 5529., 5531., 5533., and 5535. of the Revised Code do not 40,173
prohibit telegraph, telephone, and electric light and power 40,174
companies from constructing, maintaining, and using telegraph, 40,176
telephone, or electric light and power lines along and upon such 40,178
roads or highways under sections 4931.01, 4931.03, 4931.19, 40,179
4933.14, or other sections of the Revised Code, or to affect 40,180
existing rights of any such companies, or to require such 40,181
companies to obtain a permit from the director, except with 40,182
respect to the location of poles, wires, conduits, and other 40,183
equipment comprising lines on or beneath the surface of such road 40,184
or highways.
This section does not prohibit steam or electric railroad 40,186
companies from constructing tracks across such roads or highways, 40,187
nor authorize the director to grant permission to any company 40,188
owning, operating, controlling, or managing a steam railroad or 40,189
interurban railway in this state to build a new line of railroad, 40,190
or to change or alter the location of existing tracks across any 40,191
road or highway on the state highway system at grade. No such 40,192
company shall change the elevation of any of its tracks across 40,193
such road or highway except in accordance with plans and 40,194
specifications first approved by the director. 40,195
This section does not relieve any individual, firm, or 40,197
corporation from the obligation of satisfying any claim or demand 40,198
914
of an owner of lands abutting on such road or highway on the 40,199
state highway system on account of placing in such road or 40,200
highway a burden in addition to public travel. 40,201
Sec. 5528.36. In the event the moneys to the credit of the 40,210
highway obligations bond retirement fund created by section 40,211
5528.32 of the Revised Code are insufficient, either in amount or 40,212
by reason of restrictions provided for in the second paragraph of 40,213
section 5528.31 of the Revised Code on the use thereof to the 40,214
payment only of the principal of specified issues of notes or of 40,215
bonds, to meet in full all payments of interest, principal, and 40,216
charges for the retirement of obligations issued pursuant to 40,217
Section 2i of Article VIII, Ohio Constitution, and sections 40,218
5528.30 and 5528.31 of the Revised Code due and payable during 40,219
the current calendar year, except the principal of notes which 40,220
THAT the commissioners of the sinking fund certify will be 40,222
retired by the issuance of bonds or renewal notes but including 40,223
deposits required by the second paragraph of section 5528.31 of 40,224
the Revised Code, the commissioners of the sinking fund may on or 40,225
before the fifteenth day of January of any such year or any time 40,226
or times during such calendar year, but shall in any event within 40,227
ten days prior to the time any such payments are due or prior to 40,228
the date the payments required by the second paragraph of section 40,229
5528.31 of the Revised Code become due, certify to the treasurer 40,230
of state the total amount of such payments of principal, 40,231
interest, or charges, the amount of moneys to the credit of the 40,232
highway obligations bond retirement fund created by section 40,233
5528.32 of the Revised Code, the amount thereof the use of which 40,234
is restricted by the second paragraph of section 5528.31 of the 40,235
Revised Code to the payment only of the principal of specified 40,236
issues of notes or of bonds, and the specified issue or issues of 40,237
notes or such bonds with respect to which such amount is so 40,238
restricted, and the amount of additional money necessary to be 40,239
credited to such bond retirement fund to meet in full the payment 40,240
of such interest, principal, or charges when due and the amount 40,241
915
required to make the payments required by the second paragraph of 40,242
section 5528.31 of the Revised Code. 40,243
Upon the receipt of such certification, or if on 40,245
presentation for payment when due of either principal or interest 40,246
on obligations issued pursuant to Section 2i of Article VIII, 40,247
Ohio Constitution, there are insufficient moneys for payment of 40,248
such principal and interest, the treasurer of state shall, after 40,249
making any transfer of moneys to the highway improvement bond 40,250
retirement fund created by section 5528.12 of the Revised Code 40,251
for the payment of interest, principal, and charges due and 40,252
payable for the retirement of bonds issued pursuant to Section 2g 40,253
of Article VIII, Ohio Constitution, and sections 5528.10 and 40,254
5528.11 of the Revised Code as required by section 5528.16 of the 40,255
Revised Code, SHALL transfer the amount required as the 40,256
additional moneys necessary to meet in full all payments of 40,257
interest, principal, and charges for the retirement of highway 40,258
obligations issued pursuant to Section 2i of Article VIII, Ohio 40,259
Constitution, and sections 5528.30 and 5528.31 of the Revised 40,260
Code or the amount required to make the payments required by the 40,261
second paragraph of section 5528.31 of the Revised Code to the 40,262
highway obligations bond retirement fund created by section 40,263
5528.32 of the Revised Code from the undistributed revenues 40,264
derived from fees, excise, or license taxes, levied by the state, 40,265
relating to registration, operation, or use of vehicles on public 40,266
highways, or to fuels used for propelling such vehicles. 40,267
If, after the transfer of undistributed revenues to the 40,269
highway obligations bond retirement fund in accordance with the 40,270
foregoing paragraph of this section, there be insufficient moneys 40,271
for the payment of such principal and interest or to make the 40,272
payments required by the second paragraph of section 5528.31 of 40,273
the Revised Code as certified to the treasurer of state, the 40,274
treasurer of state shall, after making whatever transfers are 40,275
required by divisions (C)(1), (2), and (3) of section 129.73 of 40,276
the Revised Code, SHALL transfer a sufficient amount to the 40,277
916
highway obligations bond retirement fund from the undistributed 40,278
revenues derived from all excises and taxes of the state, except 40,279
ad valorem taxes on real and personal property and income taxes, 40,280
which excises and taxes, other than those excepted, are and shall 40,281
be deemed to be levied, in addition to the purposes otherwise 40,282
provided for by law, to provide in accordance with the provisions 40,283
of this section for the payment of interest, principal, and 40,284
charges on highway obligations, including bonds and notes, issued 40,285
pursuant to Section 2i of Article VIII, Ohio Constitution, and 40,286
sections 5528.30 and 5528.31 of the Revised Code, provided that 40,287
the treasurer shall draw from the undistributed revenues derived 40,288
from the taxes levied by sections 3769.08, 4301.42, 4301.43, 40,289
4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 40,290
5731.19, 5733.06, 5739.02, 5741.02, 5743.02, and 5743.32 of the 40,292
Revised Code in proportion to the amount of undistributed 40,293
revenues from each such tax remaining after the transfer to the 40,294
improvements bond retirement fund created by Section 2f of 40,295
Article VIII, Ohio Constitution, the development bond retirement 40,296
fund created by Section 2h of Article VIII, Ohio Constitution, 40,297
and the public improvements bond retirement fund created by 40,298
section 129.72 of the Revised Code, of such amount of those 40,299
revenues as may be required by sections 129.55, 129.63, and 40,300
129.73 of the Revised Code to be so transferred; provided, 40,301
however, that the commissioners of the sinking fund may, in any 40,302
resolution authorizing the issuance of such highway obligations, 40,303
MAY provide for the reservation of the right to have the 40,304
undistributed revenues referred to in this paragraph applied 40,305
first to such bonds or other obligations as may thereafter be 40,306
issued and in priority to application thereof to the payment of 40,307
the principal and interest on such highway obligations, but such 40,308
reservation shall not in any way qualify the obligation of the 40,309
state, which shall be absolute and unconditional, to levy and 40,310
collect at all times sufficient excises and taxes, other than 40,311
those excepted in Section 2i of Article VIII, Ohio Constitution, 40,312
917
as will produce adequate revenues available for the payment of 40,313
the principal and interest of such highway obligations. 40,314
Sec. 5703.05. All powers, duties, and functions of the 40,323
department of taxation are vested in and shall be performed by 40,324
the tax commissioner, which powers, duties, and functions shall 40,325
include, but shall not be limited to, the following: 40,326
(A) Prescribing all blank forms which the department is 40,328
authorized to prescribe, and to provide such forms and distribute 40,329
the same as required by law and the rules of the department. The 40,330
tax commissioner shall include a mail-in registration form 40,331
prescribed in section 3503.14 of the Revised Code within the 40,332
return and instructions for the tax levied in odd-numbered years 40,333
under section 5747.02 of the Revised Code, beginning with the tax 40,334
levied for the first odd-numbered year after the effective date 40,335
of this amendment 1995. The secretary of state shall bear all 40,336
costs for the inclusion of the mail-in registration form. That 40,337
form shall be addressed for return to the office of the secretary 40,338
of state.
(B) Exercising the authority provided by law, INCLUDING 40,340
ORDERS FROM BANKRUPTCY COURTS, relative to remitting or refunding 40,342
taxes or assessments, including penalties and interest thereon, 40,343
illegally or erroneously assessed or collected, or for any other 40,344
reason overpaid, and in addition, the commissioner may on written 40,345
application of any person, firm, or corporation claiming to have 40,346
overpaid to the treasurer of state at any time within five years 40,347
prior to the making of such application any tax payable under any 40,348
law which the department of taxation is required to administer 40,349
which does not contain any provision for refund, or on his THE 40,350
COMMISSIONER'S own motion investigate the facts and make in 40,351
triplicate a written statement of his THE COMMISSIONER'S 40,352
findings, and, if he THE COMMISSIONER finds that there has been 40,353
an overpayment, issue in triplicate a certificate of abatement 40,354
payable to the taxpayer, his THE TAXPAYER'S assigns, or legal 40,355
representative which shows the amount of the overpayment and the 40,356
918
kind of tax overpaid. One copy of such statement shall be 40,357
entered on the journal of the commissioner, one shall be
certified to the attorney general, and one certified copy shall 40,359
be delivered to the taxpayer. All copies of the certificate of 40,360
abatement shall be transmitted to the attorney general, and if he 40,361
THE ATTORNEY GENERAL finds it to be correct he THE ATTORNEY 40,362
GENERAL shall so certify on each copy, and deliver one copy to 40,363
the taxpayer, one copy to the commissioner, and the third copy to 40,364
the treasurer of state. Except as provided in sections 5725.08
and 5725.16 of the Revised Code the taxpayer's copy of any 40,366
certificates of abatement may be tendered by the payee or 40,367
transferee thereof to the treasurer of state as payment, to the 40,368
extent of the amount thereof, of any tax payable to the treasurer 40,369
of state.
(C) Exercising the authority provided by law relative to 40,371
consenting to the compromise and settlement of tax claims; 40,372
(D) Exercising the authority provided by law relative to 40,374
the use of alternative tax bases by taxpayers in the making of 40,375
personal property tax returns; 40,376
(E) Exercising the authority provided by law relative to 40,378
authorizing the prepayment of taxes on retail sales of tangible 40,379
personal property or on the storage, use, or consumption of 40,380
personal property, and waiving the collection of such taxes from 40,381
the consumers; 40,382
(F) Exercising the authority provided by law to revoke 40,384
licenses; 40,385
(G) Maintaining a continuous study of the practical 40,387
operation of all taxation and revenue laws of the state, the 40,388
manner in which and extent to which such laws provide revenues 40,389
for the support of the state and its political subdivisions, the 40,390
probable effect upon such revenue of possible changes in existing 40,391
laws, and the possible enactment of measures providing for other 40,392
forms of taxation. For this purpose the commissioner may 40,393
establish and maintain a division of research and statistics, and 40,394
919
may appoint necessary employees who shall be in the unclassified 40,395
civil service; the results of such study shall be available to 40,396
the members of the general assembly and the public. 40,397
(H) Making all tax assessments, valuations, findings, 40,399
determinations, computations, and orders the department of 40,400
taxation is by law authorized and required to make and, pursuant 40,401
to time limitations provided by law, on his THE COMMISSIONER'S 40,402
own motion, reviewing, redetermining, or correcting any tax 40,403
assessments, valuations, findings, determinations, computations, 40,404
or orders he THE COMMISSIONER has made, but he THE COMMISSIONER 40,405
shall not review, redetermine, or correct any tax assessment, 40,406
valuation, finding, determination, computation, or order which he 40,407
THE COMMISSIONER has made as to which an appeal or application 40,408
for rehearing, review, redetermination, or correction has been 40,409
filed with the board of tax appeals, unless such appeal or 40,410
application is withdrawn by the appellant or applicant or 40,411
dismissed; 40,412
(I) Appointing not more than five deputy tax 40,414
commissioners, who, under such regulations as the rules of the 40,415
department of taxation prescribe, may act for the commissioner in 40,416
the performance of such duties as he THE COMMISSIONER prescribes 40,417
in the administration of the laws which he THE COMMISSIONER is 40,418
authorized and required to administer, and who shall serve in the 40,419
unclassified civil service at the pleasure of the commissioner, 40,420
but if a person who holds a position in the classified service is 40,421
appointed, it shall not affect the civil service status of such 40,422
person;
(J) Appointing and prescribing the duties of all other 40,424
employees of the department of taxation necessary in the 40,425
performance of the work of the department which the tax 40,426
commissioner is by law authorized and required to perform, and 40,427
creating such divisions or sections of employees as, in his THE 40,428
COMMISSIONER'S judgment, is proper; 40,429
(K) Organizing the work of the department, which he THE 40,431
920
COMMISSIONER is by law authorized and required to perform, so 40,432
that, in his THE COMMISSIONER'S judgment, an efficient and 40,433
economical administration of the laws will result; 40,434
(L) Maintaining a journal, which is open to public 40,436
inspection, in which he THE COMMISSIONER shall keep a record of 40,437
all actions taken by him THE COMMISSIONER relating to assessments 40,439
and the reasons therefor;
(M) Adopting and promulgating, in the manner provided by 40,441
section 5703.14 of the Revised Code, all rules of the department, 40,442
including rules for the administration of sections 3517.16, 40,443
3517.17, and 5747.081 of the Revised Code; 40,444
(N) Destroying any or all returns or assessment 40,446
certificates in the manner authorized by law; 40,447
(O) Adopting rules, in accordance with division (B) of 40,449
section 325.31 of the Revised Code, governing the expenditure of 40,450
moneys from the real estate assessment fund under that division. 40,451
Sec. 5703.052. There is hereby created in the state 40,460
treasury the tax refund fund, from which refunds shall be paid 40,461
for taxes illegally or erroneously assessed or collected, or for 40,462
any other reason overpaid, that are levied by Chapter 4301., 40,463
4305., 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 40,464
5748., 5749., or 5753., and sections 3737.71, 3905.35, 3905.36, 40,465
4303.33, 5707.03, 5725.18, 5727.28, AND 5727.38 and former 40,467
sections 5727.27 and 5727.40 of the Revised Code. Refunds for 40,468
fees illegally or erroneously assessed or collected, or for any 40,469
other reason overpaid, that are levied by sections 3734.90 to 40,470
3734.9014 of the Revised Code also shall be paid from the fund. 40,471
However, refunds for taxes levied under section 5739.101 of the 40,472
Revised Code shall not be paid from the tax refund fund, but 40,473
shall be paid as provided in section 5739.104 of the Revised 40,474
Code.
Upon certification by the tax commissioner to the treasurer 40,476
of state of a tax refund, fee refund, or tax credit due, or by 40,477
the superintendent of insurance of a domestic or foreign 40,478
921
insurance tax refund, the treasurer of state may place the amount 40,479
certified to the credit of the fund. The certified amount 40,480
transferred shall be derived from current receipts of the same 40,481
tax or the fee for which the refund arose or, in the case of a 40,482
tax credit refund, from the current receipts of the taxes levied 40,483
by sections 5739.02 and 5741.02 of the Revised Code. 40,484
If the tax refund arises from a tax payable to the general 40,486
revenue fund, and current receipts from that source are 40,487
inadequate to make the transfer of the amount so certified, the 40,488
treasurer of state may transfer such certified amount from 40,489
current receipts of the sales tax levied by section 5739.02 of 40,490
the Revised Code. 40,491
Sec. 5703.053. As used in this section, "postal service" 40,501
means the United States postal service. 40,502
An application to the tax commissioner for a tax refund 40,504
under sections 4307.05, 4307.07, 5727.28, 5728.061, 5735.122, 40,505
5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, 40,507
5743.53, 5749.08, and 5753.06 of the Revised Code or division (B) 40,508
of section 5703.05 of the Revised Code, or a fee refunded under 40,509
section 3734.905 of the Revised Code, that is received after the 40,510
last day for filing under such section shall be considered to 40,511
have been filed in a timely manner if: 40,512
(A) The application is delivered by the postal service and 40,514
the earliest postal service postmark on the cover in which the 40,515
application is enclosed is not later than the last day for filing 40,516
the application; 40,517
(B) The application is delivered by the postal service, 40,519
the only postmark on the cover in which the application is 40,520
enclosed was affixed by a private postal meter, the date of that 40,521
postmark is not later than the last day for filing the 40,522
application, and the application is received within seven days of 40,523
such last day; or 40,524
(C) The application is delivered by the postal service, no 40,526
postmark date was affixed to the cover in which the application 40,527
922
is enclosed or the date of the postmark so affixed is not 40,528
legible, and the application is received within seven days of the 40,529
last day for making the application. 40,530
Sec. 5703.21. (A) Except as provided in divisions (B), 40,539
(C), (D), and (E) of this section, no agent of the department of 40,541
taxation, except in the agent's report to the department or when 40,542
called on to testify in any court or proceeding, shall divulge 40,543
any information acquired by the agent as to the transactions, 40,544
property, or business of any person while acting or claiming to 40,545
act under orders of the department. Whoever violates this 40,546
provision shall thereafter be disqualified from acting as an 40,547
officer or employee or in any other capacity under appointment or 40,548
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 40,550
of the Revised Code, or an audit of the department pursuant to 40,551
Chapter 117. of the Revised Code, or an audit, pursuant to such 40,552
THAT chapter, the objective of which is to express an opinion on 40,554
a financial report or statement prepared or issued pursuant to 40,555
division (G)(A)(7) or (I)(9) of section 126.21 of the Revised 40,558
Code, the officers and employees of the auditor of state charged 40,559
with conducting the audit shall have access to and the right to 40,560
examine any state tax returns and state tax return information in 40,561
the possession of the department to the extent that such THE 40,562
access and examination are necessary for purposes of the audit. 40,564
Any information acquired as the result of such THAT access and 40,565
examination shall not be divulged for any purpose other than as 40,567
required for such THE audit or unless the officers and employees 40,568
are required to testify in a court or proceeding under compulsion 40,570
of legal process. Whoever violates this provision shall 40,571
thereafter be disqualified from acting as an officer or employee 40,572
or in any other capacity under appointment or employment of the 40,573
auditor of state. 40,574
(2) As provided by section 6103(d)(2) of the Internal 40,576
Revenue Code, any federal tax returns or federal tax information 40,577
923
which the department has acquired from the internal revenue 40,578
service, through federal and state statutory authority, may be 40,579
disclosed to the auditor of state solely for purposes of an audit 40,580
of the department. 40,581
(C) Division (A) of this section does not prohibit 40,583
divulging information contained in applications, complaints, and 40,584
related documents filed with the department under section 5715.27 40,585
of the Revised Code, or in applications filed with the department 40,586
under section 5715.39 of the Revised Code. 40,587
(D) Division (A) of this section does not prohibit the 40,589
department of taxation providing information to the division of 40,590
child support within the department of human services, or a child 40,591
support enforcement agency, pursuant to division (G)(2) of 40,592
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 40,595
disclosure to the board of motor vehicle collision repair 40,596
registration of any information in the possession of the 40,597
department that is necessary for the board to verify the 40,599
existence of an applicant's valid vendor's license and current 40,600
state tax identification number under section 4775.07 of the
Revised Code. 40,601
Sec. 5709.62. (A) In any municipal corporation that is 40,610
defined by the United States office of management and budget as a 40,611
central city of a metropolitan statistical area, the legislative 40,612
authority of the municipal corporation may designate one or more 40,613
areas within its municipal corporation as proposed enterprise 40,614
zones. Upon designating an area, the legislative authority shall 40,615
petition the director of development for certification of the 40,616
area as having the characteristics set forth in division (A)(1) 40,617
of section 5709.61 of the Revised Code as amended by Substitute 40,618
Senate Bill No. 19 of the 120th general assembly. Except as 40,619
otherwise provided in division (E) of this section, on and after 40,620
July 1, 1994, legislative authorities shall not enter into 40,621
agreements under this section unless the legislative authority 40,622
924
has petitioned the director and the director has certified the 40,623
zone under this section as amended by that act; however, all 40,624
agreements entered into under this section as it existed prior to 40,625
July 1, 1994, and the incentives granted under those agreements 40,626
shall remain in effect for the period agreed to under those 40,627
agreements. Within sixty days after receiving such a petition, 40,628
the director shall determine whether the area has the 40,629
characteristics set forth in division (A)(1) of section 5709.61 40,630
of the Revised Code, and shall forward the findings to the 40,632
legislative authority of the municipal corporation. If the 40,633
director certifies the area as having those characteristics, and 40,634
thereby certifies it as a zone, the legislative authority may 40,635
enter into an agreement with an enterprise under division (C) of 40,636
this section. 40,637
(B) Any enterprise that wishes to enter into an agreement 40,639
with a municipal corporation under division (C) of this section 40,640
shall submit a proposal to the legislative authority of the 40,641
municipal corporation on a form prescribed by the director of 40,642
development, together with the application fee established under 40,643
section 5709.68 of the Revised Code. The form shall require the 40,644
following information: 40,645
(1) An estimate of the number of new employees whom the 40,647
enterprise intends to hire, or of the number of employees whom 40,648
the enterprise intends to retain, within the zone at a facility 40,649
that is a project site, and an estimate of the amount of payroll 40,650
of the enterprise attributable to these employees; 40,651
(2) An estimate of the amount to be invested by the 40,653
enterprise to establish, expand, renovate, or occupy a facility, 40,654
including investment in new buildings, additions or improvements 40,655
to existing buildings, machinery, equipment, furniture, fixtures, 40,656
and inventory; 40,657
(3) A listing of the enterprise's current investment, if 40,659
any, in a facility as of the date of the proposal's submission. 40,660
The enterprise shall review and update the listings 40,662
925
required under this division to reflect material changes, and any 40,663
agreement entered into under division (C) of this section shall 40,664
set forth final estimates and listings as of the time the 40,665
agreement is entered into. The legislative authority may, on a 40,666
separate form and at any time, require any additional information 40,667
necessary to determine whether an enterprise is in compliance 40,668
with an agreement and to collect the information required to be 40,669
reported under section 5709.68 of the Revised Code. 40,670
(C) Upon receipt and investigation of a proposal under 40,672
division (B) of this section, if the legislative authority finds 40,673
that the enterprise submitting the proposal is qualified by 40,674
financial responsibility and business experience to create and 40,675
preserve employment opportunities in the zone and improve the 40,676
economic climate of the municipal corporation, the legislative 40,677
authority, on or before June 30, 1999 2004, may do one of the 40,680
following:
(1) Enter into an agreement with the enterprise under 40,682
which the enterprise agrees to establish, expand, renovate, or 40,683
occupy a facility and hire new employees, or preserve employment 40,684
opportunities for existing employees, in return for one or more 40,685
of the following incentives: 40,686
(a) Exemption for a specified number of years, not to 40,688
exceed ten, of a specified portion, up to seventy-five per cent, 40,689
of the assessed value of tangible personal property first used in 40,690
business at the project site as a result of the agreement. An 40,691
exemption granted pursuant to this division applies to inventory 40,692
required to be listed pursuant to sections 5711.15 and 5711.16 of 40,693
the Revised Code, except that, in the instance of an expansion or 40,694
other situations in which an enterprise was in business at the 40,695
facility prior to the establishment of the zone, the inventory 40,696
which is exempt is that amount or value of inventory in excess of 40,697
the amount or value of inventory required to be listed in the 40,698
personal property tax return of the enterprise in the return for 40,699
the tax year in which the agreement is entered into. 40,700
926
(b) Exemption for a specified number of years, not to 40,702
exceed ten, of a specified portion, up to seventy-five per cent, 40,703
of the increase in the assessed valuation of real property 40,704
constituting the project site subsequent to formal approval of 40,705
the agreement by the legislative authority; 40,706
(c) Provision for a specified number of years, not to 40,708
exceed ten, of any optional services or assistance that the 40,709
municipal corporation is authorized to provide with regard to the 40,710
project site. 40,711
(2) An agreement under which the enterprise agrees to 40,713
remediate an environmentally contaminated facility, to spend an 40,714
amount equal to at least two hundred fifty per cent of the true 40,715
value in money of the real property of the facility prior to 40,716
remediation as determined for the purposes of property taxation 40,717
to establish, expand, renovate, or occupy the remediated 40,718
facility, and to hire new employees or preserve employment 40,719
opportunities for existing employees at the remediated facility, 40,720
in return for one or more of the following incentives: 40,721
(a) Exemption for a specified number of years, not to 40,723
exceed ten, of a specified portion, not to exceed fifty per cent, 40,724
of the assessed valuation of the real property of the facility 40,725
prior to remediation; 40,726
(b) Exemption for a specified number of years, not to 40,728
exceed ten, of a specified portion, not to exceed one hundred per 40,729
cent, of the increase in the assessed valuation of the real 40,730
property of the facility during or after remediation; 40,731
(c) The incentive under division (C)(1)(a) of this 40,733
section, except that the percentage of the assessed value of such 40,734
property exempted from taxation shall not exceed one hundred per 40,735
cent; 40,736
(d) The incentive under division (C)(1)(c) of this 40,738
section. 40,739
(3) Enter into an agreement with an enterprise that plans 40,741
to purchase and operate a large manufacturing facility that has 40,742
927
ceased operation or announced its intention to cease operation, 40,743
in return for exemption for a specified number of years, not to 40,744
exceed ten, of a specified portion, up to one hundred per cent, 40,745
of the assessed value of tangible personal property used in 40,746
business at the project site as a result of the agreement, or of 40,747
the assessed valuation of real property constituting the project 40,748
site, or both. 40,749
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 40,751
section, the portion of the assessed value of tangible personal 40,752
property or of the increase in the assessed valuation of real 40,753
property exempted from taxation under those divisions may exceed 40,754
seventy-five per cent in any year for which that portion is 40,755
exempted if the average percentage exempted for all years in 40,756
which the agreement is in effect does not exceed sixty per cent, 40,757
or if the board of education of the city, local, or exempted 40,758
village school district within the territory of which the 40,759
property is or will be located approves a percentage in excess of 40,760
seventy-five per cent. For the purpose of obtaining such 40,761
approval, the legislative authority shall deliver to the board of 40,762
education a notice not later than forty-five days prior to 40,763
approving the agreement, excluding Saturdays, Sundays, and legal 40,765
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 40,767
the true value of the property to be exempted, and the number of 40,768
years the property is to be exempted. The board of education, by 40,769
resolution adopted by a majority of the board, shall approve or 40,770
disapprove the agreement and certify a copy of the resolution to 40,771
the legislative authority not later than fourteen days prior to 40,772
the date stipulated by the legislative authority as the date upon 40,773
which approval of the agreement is to be formally considered by 40,774
the legislative authority. The board of education may include in 40,775
the resolution conditions under which the board would approve the 40,776
agreement, including the execution of an agreement to compensate 40,777
the school district under division (B) of section 5709.82 of the 40,778
928
Revised Code. The legislative authority may approve the 40,779
agreement at any time after the board of education certifies its 40,780
resolution approving the agreement to the legislative authority, 40,781
or, if the board approves the agreement conditionally, at any 40,782
time after the conditions are agreed to by the board and the 40,783
legislative authority.
If a board of education has adopted a resolution waiving 40,785
its right to approve agreements and the resolution remains in 40,787
effect, approval of an agreement by the board is not required 40,788
under this division. If a board of education has adopted a 40,789
resolution allowing a legislative authority to deliver the notice 40,790
required under this division fewer than forty-five business days 40,791
prior to the legislative authority's approval of the agreement, 40,792
the legislative authority shall deliver the notice to the board 40,793
not later than the number of days prior to such approval as 40,794
prescribed by the board in its resolution. If a board of 40,795
education adopts a resolution waiving its right to approve 40,796
agreements or shortening the notification period, the board shall 40,797
certify a copy of the resolution to the legislative authority. 40,798
If the board of education rescinds such a resolution, it shall 40,799
certify notice of the rescission to the legislative authority. 40,800
(2) The legislative authority shall comply with section 40,802
5709.83 of the Revised Code unless the board of education has 40,805
adopted a resolution under that section waiving its right to 40,806
receive such notice.
(E) This division applies to zones certified by the 40,808
director of development under this section prior to July 22, 40,810
1994. 40,811
On or before June 30, 1999 2004, the legislative authority 40,814
that designated a zone to which this division applies may enter 40,815
into an agreement with an enterprise if the legislative authority 40,816
makes the finding required under that division and determines 40,817
that the enterprise satisfies one of the criteria described in 40,818
divisions (E)(1) to (5) of this section: 40,819
929
(1) The enterprise currently has no operations in this 40,821
state and, subject to approval of the agreement, intends to 40,822
establish operations in the zone; 40,823
(2) The enterprise currently has operations in this state 40,825
and, subject to approval of the agreement, intends to establish 40,826
operations at a new location in the zone that would not result in 40,827
a reduction in the number of employee positions at any of the 40,828
enterprise's other locations in this state; 40,829
(3) The enterprise, subject to approval of the agreement, 40,831
intends to relocate operations, currently located in another 40,832
state, to the zone; 40,833
(4) The enterprise, subject to approval of the agreement, 40,835
intends to expand operations at an existing site in the zone that 40,836
the enterprise currently operates; 40,837
(5) The enterprise, subject to approval of the agreement, 40,839
intends to relocate operations, currently located in this state, 40,840
to the zone, and the director of development has issued a waiver 40,841
for the enterprise under division (B) of section 5709.633 of the 40,842
Revised Code. 40,843
The agreement shall require the enterprise to agree to 40,845
establish, expand, renovate, or occupy a facility in the zone and 40,846
hire new employees, or preserve employment opportunities for 40,847
existing employees, in return for one or more of the incentives 40,848
described in division (C) of this section. 40,849
(F) All agreements entered into under this section shall 40,851
be in the form prescribed under section 5709.631 of the Revised 40,852
Code. After an agreement is entered into under this division, if 40,853
the legislative authority revokes its designation of a zone, or 40,854
if the director of development revokes the zone's certification, 40,855
any entitlements granted under the agreement shall continue for 40,856
the number of years specified in the agreement. 40,857
(G) Except as otherwise provided in this division, an 40,859
agreement entered into under this section shall require that the 40,860
enterprise pay an annual fee equal to the greater of one per cent 40,861
930
of the dollar value of incentives offered under the agreement or 40,862
five hundred dollars; provided, however, that if the value of the 40,863
incentives exceeds two hundred fifty thousand dollars, the fee 40,864
shall not exceed two thousand five hundred dollars. The fee 40,865
shall be payable to the legislative authority once per year for 40,866
each year the agreement is effective on the days and in the form 40,867
specified in the agreement. Fees paid shall be deposited in a 40,868
special fund created for such purpose by the legislative 40,869
authority and shall be used by the legislative authority 40,870
exclusively for the purpose of complying with section 5709.68 of 40,871
the Revised Code and by the tax incentive review council created 40,872
under section 5709.85 of the Revised Code exclusively for the 40,873
purposes of performing the duties prescribed under that section. 40,874
The legislative authority may waive or reduce the amount of the 40,875
fee charged against an enterprise, but such a waiver or reduction 40,876
does not affect the obligations of the legislative authority or 40,877
the tax incentive review council to comply with section 5709.68 40,878
or 5709.85 of the Revised Code. 40,879
(H) When an agreement is entered into pursuant to this 40,881
section, the legislative authority authorizing the agreement 40,882
shall forward a copy of the agreement to the director of 40,883
development and to the tax commissioner within fifteen days after 40,884
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 40,885
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE 40,886
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 40,888
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 40,889
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 40,891
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 40,892
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 40,893
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 40,895
shall file with each personal property tax return required to be 40,896
filed while the agreement is in effect, an informational return, 40,897
931
on a form prescribed by the tax commissioner for that purpose, 40,898
setting forth separately the property, and related costs and 40,899
values, exempted from taxation under the agreement. 40,900
(J) Enterprises may agree to give preference to residents 40,902
of the zone within which the agreement applies relative to 40,903
residents of this state who do not reside in the zone when hiring 40,904
new employees under the agreement. 40,905
(K) An agreement entered into under this section may 40,907
include a provision requiring the enterprise to create one or 40,908
more temporary internship positions for students enrolled in a 40,909
course of study at a school or other educational institution in 40,910
the vicinity, and to create a scholarship or provide another form 40,911
of educational financial assistance for students holding such a 40,912
position in exchange for the student's commitment to work for the 40,913
enterprise at the completion of the internship. 40,914
Sec. 5709.63. (A) With the consent of the legislative 40,923
authority of each affected municipal corporation or of a board of 40,924
township trustees, a board of county commissioners may, in the 40,925
manner set forth in section 5709.62 of the Revised Code, 40,926
designate one or more areas in one or more municipal corporations 40,927
or in unincorporated areas of the county as proposed enterprise 40,929
zones. A board of county commissioners may designate no more 40,930
than one area within a township, or within adjacent townships, as 40,931
a proposed enterprise zone. The board shall petition the 40,932
director of development for certification of the area as having 40,933
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 40,934
Senate Bill No. 19 of the 120th general assembly. Except as 40,935
otherwise provided in division (D) of this section, on and after 40,936
July 1, 1994, boards of county commissioners shall not enter into 40,937
agreements under this section unless the board has petitioned the 40,938
director and the director has certified the zone under this
section as amended by that act; however, all agreements entered 40,939
into under this section as it existed prior to July 1, 1994, and 40,940
932
the incentives granted under those agreements shall remain in 40,941
effect for the period agreed to under those agreements. The 40,942
director shall make the determination in the manner provided 40,943
under section 5709.62 of the Revised Code. Any enterprise 40,944
wishing to enter into an agreement with the board under division 40,945
(B) or (D) of this section shall submit a proposal to the board 40,947
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 40,949
enterprise shall review and update the estimates and listings 40,950
required by the form in the manner required under that division. 40,951
The board may, on a separate form and at any time, require any 40,952
additional information necessary to determine whether an 40,953
enterprise is in compliance with an agreement and to collect the 40,954
information required to be reported under section 5709.68 of the 40,955
Revised Code.
(B) If the board of county commissioners finds that an 40,957
enterprise submitting a proposal is qualified by financial 40,958
responsibility and business experience to create and preserve 40,959
employment opportunities in the zone and to improve the economic 40,960
climate of the municipal corporation or municipal corporations or 40,961
the unincorporated areas in which the zone is located and to 40,962
which the proposal applies, the board, on or before June 30, 1999 40,964
2004, and with the consent of the legislative authority of each 40,966
affected municipal corporation or of the board of township 40,967
trustees may do either of the following: 40,968
(1) Enter into an agreement with the enterprise under 40,970
which the enterprise agrees to establish, expand, renovate, or 40,971
occupy a facility in the zone and hire new employees, or preserve 40,972
employment opportunities for existing employees, in return for 40,973
the following incentives: 40,974
(a) When the facility is located in a municipal 40,976
corporation, the board may enter into an agreement for one or 40,977
more of the incentives provided in division (C) of section 40,978
5709.62 of the Revised Code, subject to division (D) of that 40,979
933
section;
(b) When the facility is located in an unincorporated 40,981
area, the board may enter into an agreement for one or more of 40,982
the following incentives: 40,983
(i) Exemption for a specified number of years, not to 40,985
exceed ten, of a specified portion, up to sixty per cent, of the 40,987
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 40,989
exemption granted pursuant to this division applies to inventory 40,990
required to be listed pursuant to sections 5711.15 and 5711.16 of 40,991
the Revised Code, except, in the instance of an expansion or 40,992
other situations in which an enterprise was in business at the 40,993
facility prior to the establishment of the zone, the inventory 40,994
which is exempt is that amount or value of inventory in excess of 40,995
the amount or value of inventory required to be listed in the 40,996
personal property tax return of the enterprise in the return for 40,997
the tax year in which the agreement is entered into. 40,998
(ii) Exemption for a specified number of years, not to 41,000
exceed ten, of a specified portion, up to sixty per cent, of the 41,002
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 41,003
by the board;
(iii) Provision for a specified number of years, not to 41,005
exceed ten, of any optional services or assistance the board is 41,006
authorized to provide with regard to the project site; 41,007
(iv) The incentive described in division (C)(2) of section 41,009
5709.62 of the Revised Code. 41,010
(2) Enter into an agreement with an enterprise that plans 41,012
to purchase and operate a large manufacturing facility that has 41,013
ceased operation or has announced its intention to cease 41,014
operation, in return for exemption for a specified number of 41,015
years, not to exceed ten, of a specified portion, up to one 41,016
hundred per cent, of tangible personal property used in business 41,017
at the project site as a result of the agreement, or of real 41,018
934
property constituting the project site, or both. 41,019
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 41,021
this section, the portion of the assessed value of tangible 41,024
personal property or of the increase in the assessed valuation of 41,025
real property exempted from taxation under those divisions may 41,026
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 41,027
which the agreement is in effect does not exceed fifty per cent, 41,028
or if the board of education of the city, local, or exempted 41,029
village school district within the territory of which the 41,030
property is or will be located approves a percentage in excess of 41,031
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 41,032
notice not later than forty-five days prior to approving the 41,034
agreement, excluding Saturdays, Sundays, and legal holidays as 41,036
defined in section 1.14 of the Revised Code. The notice shall 41,038
state the percentage to be exempted, an estimate of the true 41,040
value of the property to be exempted, and the number of years the 41,041
property is to be exempted. The board of education, by 41,042
resolution adopted by a majority of the board, shall approve or 41,043
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 41,044
the date stipulated by the board of commissioners as the date 41,045
upon which approval of the agreement is to be formally considered 41,046
by the board of commissioners. The board of education may 41,047
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 41,048
compensate the school district under division (B) of section 41,049
5709.82 of the Revised Code. The board of county commissioners 41,051
may approve the agreement at any time after the board of 41,052
education certifies its resolution approving the agreement to the 41,053
board of county commissioners, or, if the board of education 41,054
approves the agreement conditionally, at any time after the 41,055
conditions are agreed to by the board of education and the board 41,056
935
of county commissioners.
If a board of education has adopted a resolution waiving 41,058
its right to approve agreements and the resolution remains in 41,060
effect, approval of an agreement by the board of education is not 41,061
required under division (C) of this section. If a board of 41,062
education has adopted a resolution allowing a board of county 41,063
commissioners to deliver the notice required under this division 41,064
fewer than forty-five business days prior to approval of the 41,066
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 41,067
education not later than the number of days prior to such 41,069
approval as prescribed by the board of education in its 41,070
resolution. If a board of education adopts a resolution waiving 41,071
its right to approve agreements or shortening the notification 41,072
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 41,073
education rescinds such a resolution, it shall certify notice of 41,074
the rescission to the board of county commissioners. 41,075
(2) The board of county commissioners shall comply with 41,077
section 5709.83 of the Revised Code unless the board of education 41,080
has adopted a resolution under that section waiving its right to 41,081
receive such notice.
(D) This division applies to zones certified by the 41,083
director of development under this section prior to July 22, 41,085
1994.
On or before June 30, 1999 2004, and with the consent of 41,088
the legislative authority of each affected municipal corporation 41,090
or board of township trustees of each affected township, the 41,091
board of commissioners that designated a zone to which this 41,092
division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and 41,093
determines that the enterprise satisfies one of the criteria 41,094
described in divisions (D)(1) to (5) of this section: 41,095
(1) The enterprise currently has no operations in this 41,097
936
state and, subject to approval of the agreement, intends to 41,098
establish operations in the zone;
(2) The enterprise currently has operations in this state 41,100
and, subject to approval of the agreement, intends to establish 41,101
operations at a new location in the zone that would not result in 41,102
a reduction in the number of employee positions at any of the 41,103
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 41,105
intends to relocate operations, currently located in another 41,106
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 41,108
intends to expand operations at an existing site in the zone that 41,109
the enterprise currently operates; 41,110
(5) The enterprise, subject to approval of the agreement, 41,112
intends to relocate operations, currently located in this state, 41,113
to the zone, and the director of development has issued a waiver 41,114
for the enterprise under division (B) of section 5709.633 of the 41,115
Revised Code.
The agreement shall require the enterprise to agree to 41,117
establish, expand, renovate, or occupy a facility in the zone and 41,118
hire new employees, or preserve employment opportunities for 41,119
existing employees, in return for one or more of the incentives 41,120
described in division (B) of this section.
(E) All agreements entered into under this section shall 41,122
be in the form prescribed under section 5709.631 of the Revised 41,123
Code. After an agreement under this section is entered into, if 41,124
the board of county commissioners revokes its designation of the 41,125
zone, or if the director of development revokes the zone's 41,126
certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement. 41,127
(F) Except as otherwise provided in this paragraph, an 41,129
agreement entered into under this section shall require that the 41,130
enterprise pay an annual fee equal to the greater of one per cent 41,131
of the dollar value of incentives offered under the agreement or 41,132
937
five hundred dollars; provided, however, that if the value of the 41,133
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee 41,134
shall be payable to the board of commissioners once per year for 41,135
each year the agreement is effective on the days and in the form 41,136
specified in the agreement. Fees paid shall be deposited in a 41,137
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 41,138
section 5709.68 of the Revised Code and by the tax incentive 41,139
review council created under section 5709.85 of the Revised Code 41,140
exclusively for the purposes of performing the duties prescribed 41,141
under that section. The board may waive or reduce the amount of 41,142
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 41,143
incentive review council to comply with section 5709.68 or 41,144
5709.85 of the Revised Code, respectively. 41,145
(G) With the approval of the legislative authority of a 41,147
municipal corporation or the board of township trustees of a 41,148
township in which a zone is designated under division (A) of this 41,149
section, the board of county commissioners may delegate to that 41,150
legislative authority or board any powers and duties of the board 41,151
to negotiate and administer agreements with regard to that zone
under this section. 41,152
(H) When an agreement is entered into pursuant to this 41,154
section, the legislative authority authorizing the agreement 41,155
shall forward a copy of the agreement to the director of 41,156
development and to the tax commissioner within fifteen days after 41,157
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 41,158
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 41,160
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 41,161
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 41,163
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 41,164
938
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 41,165
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 41,167
shall file with each personal property tax return required to be 41,168
filed while the agreement is in effect, an informational return, 41,169
on a form prescribed by the tax commissioner for that purpose, 41,170
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 41,171
(J) Enterprises may agree to give preference to residents 41,173
of the zone within which the agreement applies relative to 41,174
residents of this state who do not reside in the zone when hiring 41,175
new employees under the agreement.
(K) An agreement entered into under this section may 41,177
include a provision requiring the enterprise to create one or 41,178
more temporary internship positions for students enrolled in a 41,179
course of study at a school or other educational institution in 41,180
the vicinity, and to create a scholarship or provide another form 41,181
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 41,182
enterprise at the completion of the internship. 41,183
Sec. 5709.632. (A)(1) The legislative authority of a 41,192
municipal corporation defined by the United States office of 41,193
budget MANAGEMENT and management BUDGET as a central city of a 41,195
metropolitan statistical area may, in the manner set forth in 41,196
section 5709.62 of the Revised Code, designate one or more areas 41,197
in the municipal corporation as a proposed enterprise zone. 41,198
(2) With the consent of the legislative authority of each 41,200
affected municipal corporation or of a board of township 41,201
trustees, a board of county commissioners may, in the manner set 41,202
forth in section 5709.62 of the Revised Code, designate one or 41,203
more areas in one or more municipal corporations or in 41,204
unincorporated areas of the county as proposed urban jobs and 41,205
enterprise zones, except that a board of county commissioners may 41,206
designate no more than one area within a township, or within 41,207
939
adjacent townships, as a proposed urban jobs and enterprise zone. 41,208
(3) The legislative authority or board of county 41,210
commissioners may petition the director of development for 41,211
certification of the area as having the characteristics set forth 41,212
in division (A)(3) of section 5709.61 of the Revised Code. 41,213
Within sixty days after receiving such a petition, the director 41,214
shall determine whether the area has the characteristics set 41,215
forth in that division and forward the findings to the 41,216
legislative authority or board of county commissioners. If the 41,217
director certifies the area as having those characteristics and 41,218
thereby certifies it as a zone, the legislative authority or 41,219
board may enter into agreements with enterprises under division 41,220
(B) of this section. Any enterprise wishing to enter into an 41,221
agreement with a legislative authority or board of commissioners 41,222
under this section and satisfying one of the criteria described 41,223
in divisions (B)(1) to (5) of this section shall submit a 41,224
proposal to the legislative authority or board on the form 41,225
prescribed under division (B) of section 5709.62 of the Revised 41,226
Code and shall review and update the estimates and listings 41,227
required by the form in the manner required under that division. 41,228
The legislative authority or board may, on a separate form and at 41,229
any time, require any additional information necessary to 41,230
determine whether an enterprise is in compliance with an 41,231
agreement and to collect the information required to be reported 41,232
under section 5709.68 of the Revised Code. 41,233
(B) Prior to entering into an agreement with an 41,235
enterprise, the legislative authority or board of county 41,236
commissioners shall determine whether the enterprise submitting 41,237
the proposal is qualified by financial responsibility and 41,238
business experience to create and preserve employment 41,239
opportunities in the zone and to improve the economic climate of 41,240
the municipal corporation or municipal corporations or the 41,241
unincorporated areas in which the zone is located and to which 41,242
the proposal applies, and whether the enterprise satisfies one of 41,243
940
the following criteria: 41,244
(1) The enterprise currently has no operations in this 41,246
state and, subject to approval of the agreement, intends to 41,247
establish operations in the zone; 41,248
(2) The enterprise currently has operations in this state 41,250
and, subject to approval of the agreement, intends to establish 41,251
operations at a new location in the zone that would not result in 41,252
a reduction in the number of employee positions at any of the 41,253
enterprise's other locations in this state; 41,254
(3) The enterprise, subject to approval of the agreement, 41,256
intends to relocate operations, currently located in another 41,257
state, to the zone; 41,258
(4) The enterprise, subject to approval of the agreement, 41,260
intends to expand operations at an existing site in the zone that 41,261
the enterprise currently operates; 41,262
(5) The enterprise, subject to approval of the agreement, 41,264
intends to relocate operations, currently located in this state, 41,265
to the zone, and the director of development has issued a waiver 41,266
for the enterprise under division (B) of section 5709.633 of the 41,267
Revised Code. 41,268
(C) If the legislative authority or board determines that 41,270
the enterprise is so qualified and satisfies one of the criteria 41,271
described in divisions (B)(1) to (5) of this section, the 41,272
legislative authority or board may, after complying with section 41,273
5709.83 of the Revised Code and on or before June 30, 1999 2004, 41,275
and, in the case of a board of commissioners, with the consent of 41,277
the legislative authority of each affected municipal corporation
or of the board of township trustees: 41,278
(1) Enter, ENTER into an agreement with the enterprise 41,280
under which the enterprise agrees to establish, expand, renovate, 41,282
or occupy a facility in the zone and hire new employees, or 41,283
preserve employment opportunities for existing employees, in 41,284
return for the following incentives: 41,285
(a)(1) When the facility is located in a municipal 41,287
941
corporation, a legislative authority or board of commissioners 41,288
may enter into an agreement for one or more of the incentives 41,289
provided in division (C) of section 5709.62 of the Revised Code, 41,290
subject to division (D) of that section; 41,291
(b)(2) When the facility is located in an unincorporated 41,293
area, a board of commissioners may enter into an agreement for 41,294
one or more of the incentives provided in divisions (B)(1)(b), 41,295
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 41,296
subject to division (C) of that section. 41,297
(D) All agreements entered into under this section shall 41,299
be in the form prescribed under section 5709.631 of the Revised 41,300
Code. After an agreement under this section is entered into, if 41,301
the legislative authority or board of county commissioners 41,302
revokes its designation of the zone, or if the director of 41,303
development revokes the zone's certification, any entitlements 41,304
granted under the agreement shall continue for the number of 41,305
years specified in the agreement. 41,306
(E) Except as otherwise provided in this division, an 41,308
agreement entered into under this section shall require that the 41,309
enterprise pay an annual fee equal to the greater of one per cent 41,310
of the dollar value of incentives offered under the agreement or 41,311
five hundred dollars; provided, however, that if the value of the 41,312
incentives exceeds two hundred fifty thousand dollars, the fee 41,313
shall not exceed two thousand five hundred dollars. The fee 41,314
shall be payable to the legislative authority or board of 41,315
commissioners once per year for each year the agreement is 41,316
effective on the days and in the form specified in the agreement. 41,317
Fees paid shall be deposited in a special fund created for such 41,318
purpose by the legislative authority or board and shall be used 41,319
by the legislative authority or board exclusively for the purpose 41,320
of complying with section 5709.68 of the Revised Code and by the 41,321
tax incentive review council created under section 5709.85 of the 41,322
Revised Code exclusively for the purposes of performing the 41,323
duties prescribed under that section. The legislative authority 41,324
942
or board may waive or reduce the amount of the fee charged 41,325
against an enterprise, but such waiver or reduction does not 41,326
affect the obligations of the legislative authority or board or 41,327
the tax incentive review council to comply with section 5709.68 41,328
or 5709.85 of the Revised Code, respectively. 41,329
(F) With the approval of the legislative authority of a 41,331
municipal corporation or the board of township trustees of a 41,332
township in which a zone is designated under division (A)(2) of 41,333
this section, the board of county commissioners may delegate to 41,334
that legislative authority or board any powers and duties of the 41,335
board to negotiate and administer agreements with regard to that 41,336
zone under this section. 41,337
(G) When an agreement is entered into pursuant to this 41,339
section, the legislative authority or board of commissioners 41,340
authorizing the agreement shall forward a copy of the agreement 41,341
to the director of development and to the tax commissioner within 41,342
fifteen days after the agreement is entered into. IF ANY 41,344
AGREEMENT INCLUDES TERMS NOT PROVIDED FOR IN SECTION 5709.631 OF
THE REVISED CODE AFFECTING THE REVENUE OF A CITY, LOCAL, OR 41,345
EXEMPTED VILLAGE SCHOOL DISTRICT OR CAUSING REVENUE TO BE 41,346
FOREGONE BY THE DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID 41,347
TO THE SCHOOL DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED 41,349
CODE, THOSE TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE 41,350
DIRECTOR OF DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT 41,351
FORWARDED UNDER THIS DIVISION.
(H) After an agreement is entered into, the enterprise 41,353
shall file with each personal property tax return required to be 41,354
filed while the agreement is in effect, an informational return, 41,355
on a form prescribed by the tax commissioner for that purpose, 41,356
setting forth separately the property, and related costs and 41,357
values, exempted from taxation under the agreement. 41,358
(I) An agreement entered into under this section may 41,360
include a provision requiring the enterprise to create one or 41,361
more temporary internship positions for students enrolled in a 41,362
943
course of study at a school or other educational institution in 41,363
the vicinity, and to create a scholarship or provide another form 41,364
of educational financial assistance for students holding such a 41,365
position in exchange for the student's commitment to work for the 41,366
enterprise at the completion of the internship. 41,367
Sec. 5709.70. BEGINNING WITH FISCAL YEAR 2002, IN EVERY 41,369
BIENNIUM IN WHICH SECTIONS 5709.61 TO 5709.69 OF THE REVISED 41,370
CODE, PERTAINING TO ENTERPRISE ZONES, REMAIN IN EFFECT, THE 41,372
DIRECTOR OF DEVELOPMENT SHALL CERTIFY TO THE GENERAL ASSEMBLY 41,373
THAT THE DIRECTOR IS MAKING AN EFFORT TO REFORM THE ENTERPRISE 41,374
ZONE PROGRAM. THE DIRECTOR SHALL ALSO APPEAR IN EACH SUCH 41,375
BIENNIUM BEFORE A JOINT HEARING OF THE HOUSE OF REPRESENTATIVES 41,376
COMMITTEE ON FINANCE AND APPROPRIATIONS AND THE SENATE FINANCE 41,378
COMMITTEE TO DISCUSS THE EFFORTS OF THE DIRECTOR TO REFORM THE 41,379
PROGRAM. THE CHAIRPERSONS OF THE TWO COMMITTEES SHALL ARRANGE 41,380
FOR SUCH A HEARING WHENEVER THE DIRECTOR NOTIFIES THEM THAT THE 41,381
DIRECTOR IS AVAILABLE TO MAKE THE APPEARANCE. 41,382
Sec. 5709.83. (A) Except as otherwise provided in 41,391
division (B) of this section, prior to taking formal action to 41,392
adopt or enter into any instrument granting a tax exemption under 41,394
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63, 41,395
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised 41,396
Code or formally approving an agreement under section 3735.671 of 41,397
the Revised Code, or prior to forwarding an application for a tax 41,398
exemption for residential property under section 3735.67 of the 41,399
Revised Code to the county auditor, the legislative authority of 41,400
the political subdivision or housing officer shall notify the 41,401
board of education of each CITY, LOCAL, EXEMPTED VILLAGE, OR 41,402
JOINT VOCATIONAL school district in which the proposed 41,403
tax-exempted property is located. The notice shall include a 41,404
copy of the instrument or application. The notice shall be 41,405
delivered not later than fourteen days prior to the day the 41,406
legislative authority takes formal action to adopt or enter into 41,407
the instrument, or not later than fourteen days prior to the day 41,408
944
the housing officer forwards the application to the county 41,409
auditor. If the board of education comments on the instrument or 41,410
application to the legislative authority or housing officer, the 41,411
legislative authority or housing officer shall consider the 41,412
comments. If the board of education OF THE CITY, LOCAL, OR 41,413
EXEMPTED VILLAGE SCHOOL DISTRICT so requests, the legislative 41,414
authority or the housing officer shall meet in person with a 41,415
representative designated by the board of education to discuss 41,416
the terms of the instrument or application. 41,417
(B) The notice otherwise required to be provided to boards 41,419
of education under division (A) of this section is not required 41,420
if the board has adopted a resolution waiving its right to 41,421
receive such notices, and that resolution remains in effect. If 41,422
a board of education adopts such a resolution, the board shall 41,423
cause a copy of the resolution to be certified to the legislative 41,424
authority. If the board of education rescinds such a resolution, 41,425
it shall certify notice of the rescission to the legislative
authority. A board of education may adopt such a resolution with 41,426
respect to any one or more counties, townships, or municipal 41,427
corporations situated in whole or in part within the school 41,428
district.
Sec. 5711.16. A (A) AS USED IN THIS SECTION, 41,437
"MANUFACTURER" MEANS A person who purchases, receives, or holds 41,438
personal property for the purpose of adding to its value by 41,441
manufacturing, refining, rectifying, or combining different 41,442
materials with a view of making a gain or profit by so doing is a 41,443
manufacturer. When such person
WHEN A MANUFACTURER is required to return a statement of 41,446
the amount of his THE MANUFACTURER'S personal property used in 41,447
business, he THE MANUFACTURER shall include the average value, 41,449
estimated as provided in this section, of all articles purchased, 41,450
received, or otherwise held for the purpose of being used, in
whole or in part, in manufacturing, combining, rectifying, or 41,451
refining, and of all articles which THAT were at any time by him 41,452
945
manufactured or changed in any way BY THE MANUFACTURER, either by 41,454
combining, rectifying, refining, or adding thereto, which he THAT 41,455
THE MANUFACTURER has had on hand during the year ending on the 41,456
day such THE property is listed for taxation annually, or the 41,458
part of such year during which he THE MANUFACTURER was engaged in 41,460
business. He THE MANUFACTURER shall separately list finished 41,461
products not kept or stored at the place of manufacture or at a 41,462
warehouse in the same county.
The average value of such property shall be ascertained by 41,464
taking the value of all property subject to be listed on the 41,465
average basis, owned by such THE manufacturer on the last 41,467
business day of each month the manufacturer was engaged in 41,468
business during the year, adding the monthly values together, and
dividing the result by the number of months the manufacturer was 41,469
engaged in such business during the year. The result shall be 41,470
the average value to be listed. A 41,471
(B) A manufacturer shall also SHALL list all engines and 41,474
machinery, and tools and implements, of every kind used, or 41,475
designed to be used, in refining and manufacturing, and owned or 41,476
used by such THE manufacturer.
Sec. 5711.22. (A) Deposits not taxed at the source shall 41,485
be listed and assessed at their amount in dollars on the day they 41,486
are required to be listed. Moneys shall be listed and assessed 41,487
at the amount thereof in dollars on hand on the day that they are 41,488
required to be listed. In listing investments, the amount of the 41,489
income yield of each for the calendar year next preceding the 41,490
date of listing shall, except as otherwise provided in this 41,491
chapter, be stated in dollars and cents and the assessment 41,492
thereof shall be at the amount of such income yield; but any 41,493
property defined as investments in either division (A) or (B) of 41,494
section 5701.06 of the Revised Code that has not been outstanding 41,496
for the full calendar year next preceding the date of listing, 41,497
except shares of stock of like kind as other shares of the same 41,498
corporation outstanding for the full calendar year next preceding 41,499
946
the date of listing, or which has yielded no income during such 41,500
calendar year shall be listed and assessed as unproductive 41,501
investments, at their true value in money on the day that such 41,502
investments are required to be listed.
Credits and other taxable intangibles shall be listed and 41,504
assessed at their true value in money on the day as of which the 41,505
same are required to be listed. 41,506
Shares of stock of a bank holding company, as defined in 41,508
Title 12 U.S.C.A., section 1841, which THAT are required to be 41,509
listed for taxation under this division and upon which dividends 41,511
were paid during the year of their issuance, which dividends are 41,512
subject to taxation under the provisions of Chapter 5747. of the 41,513
Revised Code, shall be exempt from the intangibles tax for the 41,514
year immediately succeeding their issuance. If such shares bear 41,516
dividends the first calendar year after their issuance, which 41,517
dividends are subject to taxation under the provisions of Chapter 41,518
5747. of the Revised Code, it shall be deemed that the 41,519
nondelinquent intangible property tax pursuant to division (A) of 41,520
section 5707.04 of the Revised Code was paid on those dividends 41,521
paid that first calendar year after the issuance of the shares. 41,522
(B)(1) Boilers, machinery, equipment, and personal 41,524
property the true value of which is determined under division (B) 41,525
of section 5711.21 of the Revised Code shall be listed and 41,526
assessed at an amount equal to the sum of the products determined 41,527
under divisions (B)(1)(a), (b), and (c) of this section. 41,528
(a) Multiply the portion of the true value determined 41,530
under division (B)(1) of section 5711.21 of the Revised Code by 41,531
the assessment rate in division (E)(F) of this section; 41,533
(b) Multiply the portion of the true value determined 41,535
under division (B)(2) of section 5711.21 of the Revised Code by 41,536
the assessment rate in section 5727.111 of the Revised Code that 41,537
is applicable to the production equipment of an electric company; 41,538
(c) Multiply the portion of the true value determined 41,540
under division (B)(3) of section 5711.21 of the Revised Code by 41,541
947
the assessment rate in section 5727.111 of the Revised Code that 41,542
is applicable to the property of an electric company that is not 41,543
production equipment. 41,544
(2) Personal property leased to a public utility or 41,546
interexchange telecommunications company as defined in section 41,547
5727.01 of the Revised Code and used directly in the rendition of 41,548
a public utility service as defined in division (P) of section 41,549
5739.01 of the Revised Code shall be listed and assessed at the 41,550
same percentage of true value in money that such property is 41,551
required to be assessed by section 5727.111 of the Revised Code 41,552
if owned by the public utility or interexchange 41,553
telecommunications company. 41,554
(C)(1) Merchandise or an agricultural product shipped from 41,556
outside this state and held in this state in a warehouse or a 41,557
place of storage without further manufacturing or processing and 41,558
for storage only and for shipment outside this state, but that is 41,560
taxable because it does not qualify as "not used in business in 41,562
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 41,563
twenty-five one-hundredths of its true value in money until 41,564
reduced in accordance with the following schedule: 41,565
(a) For any year, subtract five one-hundredths from the 41,567
rate at which such property was required to be listed and 41,568
assessed in the preceding year, if the total statewide collection 41,569
of all real and tangible personal property taxes for the second 41,571
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 41,572
year by more than the greater of four per cent or the rate of 41,573
increase from the third to the second preceding years in the 41,574
average consumer price index (all urban consumers, all items) 41,575
prepared by the bureau of labor statistics of the United States 41,576
department of labor;
(b) If no reduction in the assessment rate is made for a 41,578
year, the rate is the same as for the preceding year. 41,579
948
(2) Each year until the year the assessment rate equals 41,581
zero, the tax commissioner shall determine the assessment rate 41,582
required under this division and shall notify all county auditors 41,583
of that rate.
(3) Notwithstanding provisions to the contrary in division 41,585
(B) of section 5701.08 of the Revised Code, during and after the 41,586
year for which the assessment rate as calculated under this 41,587
division equals zero, any merchandise or agricultural product 41,588
shipped from outside this state and held in this state in any 41,589
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 41,590
shipment outside this state to any person for any purpose is not 41,591
used in business in this state for property tax purposes. 41,593
(D)(1) Merchandise or an agricultural product owned by a 41,595
qualified out-of-state person shipped from outside this state and 41,597
held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and 41,598
for shipment inside this state, but that is taxable because it 41,599
does not qualify as "not used in business in this state" under 41,600
division (B)(1) or (2) of section 5701.08 of the Revised Code, 41,603
shall be listed and assessed at a rate of twenty-five 41,604
one-hundredths of its true value in money until reduced in 41,605
accordance with the following schedule: 41,606
(a) For any year, subtract five one-hundredths from the 41,609
rate at which such property was required to be listed and 41,610
assessed in the preceding year, if the total statewide collection 41,611
of all real and tangible personal property taxes for the second 41,612
preceding year exceeded the total statewide collection of all 41,613
real and tangible personal property taxes for the third preceding 41,614
year by more than the greater of four per cent or the rate of 41,615
increase from the third to the second preceding years in the 41,616
average consumer price index (all urban consumers, all items) 41,617
prepared by the bureau of labor statistics of the United States 41,619
department of labor; 41,620
949
(b) If no reduction in the assessment rate is made for a 41,623
year, the rate is the same as for the preceding year. 41,624
(2) Each year until the year the assessment rate equals 41,626
zero, the tax commissioner shall determine the assessment rate 41,627
required under this division and shall notify all county auditors 41,629
of that rate.
(3) Notwithstanding provisions to the contrary in division 41,632
(B) of section 5701.08 of the Revised Code, during and after the 41,634
year for which the assessment rate as calculated under this 41,635
division equals zero, any merchandise or agricultural product 41,636
described in division (D)(1) of this section is not used in 41,638
business in this state for property tax purposes. 41,639
(4) As used in division (D) of this section: 41,642
(a) "Qualified out-of-state person" means a person that 41,645
does not own, lease, or use property, other than merchandise or 41,646
an agricultural product described in this division, in this 41,647
state, and does not have employees, agents, or representatives in 41,648
this state;
(b) "Public warehouse" means a warehouse in this state 41,651
that is not subject to the control of or under the supervision of 41,652
the owner of the merchandise or agricultural product stored in 41,653
it, or staffed by the owner's employees, and from which the 41,654
property is to be shipped inside this state. 41,655
(E) IN TAX YEAR 2002, PERSONAL PROPERTY VALUED PURSUANT TO 41,657
SECTION 5711.15 OF THE REVISED CODE AND PERSONAL PROPERTY 41,660
REQUIRED TO BE LISTED ON THE AVERAGE BASIS BY DIVISION (A) OF 41,662
SECTION 5711.16 OF THE REVISED CODE, EXCEPT PROPERTY DESCRIBED IN 41,664
DIVISION (C) OR (D) OF THIS SECTION, BUSINESS FIXTURES, AND 41,667
FURNITURE NOT HELD FOR SALE IN THE COURSE OF BUSINESS, SHALL BE 41,668
LISTED AND ASSESSED AT THE RATE OF TWENTY-FOUR PER CENT OF ITS 41,669
TRUE VALUE IN MONEY. EACH TAX YEAR THEREAFTER, THE ASSESSMENT
RATE SHALL BE REDUCED ONE PER CENT UNTIL IT EQUALS ZERO IN TAX 41,670
YEAR 2026. DURING AND AFTER TAX YEAR 2026, THE PROPERTY 41,671
DESCRIBED IN DIVISION (E) OF THIS SECTION SHALL NOT BE LISTED OR 41,672
950
ASSESSED FOR PROPERTY TAX PURPOSES.
(F) Unless otherwise provided by law, all other personal 41,674
property used in business that has not been legally regarded as 41,675
an improvement on land and considered in arriving at the value of 41,676
the real property assessed for taxation shall be listed and 41,677
assessed at the rate of twenty-five per cent of its true value in 41,679
money.
Sec. 5727.01. As used in this chapter: 41,688
(A) "Public utility" means each person referred to as a 41,690
telephone company, telegraph company, electric company, natural 41,691
gas company, pipe-line company, water-works company, water 41,692
transportation company, heating company, rural electric company, 41,693
or railroad company. 41,694
(B) "Gross receipts" means the entire receipts for 41,696
business done by any person from operation as a public utility, 41,697
or incidental thereto, or in connection therewith. The gross 41,698
receipts for business done by an incorporated company engaged in 41,699
operation as a public utility includes the entire receipts for 41,700
business done by such company under the exercise of its corporate 41,701
powers, whether from the operation as a public utility or from 41,702
any other business. 41,703
(C) "Rural electric company" means any nonprofit 41,705
corporation, organization, association, or cooperative engaged in 41,706
the business of supplying electricity to its members or persons 41,707
owning an interest therein in an area the major portion of which 41,708
is rural. 41,709
(D) Any person: 41,711
(1) Is a telegraph company when engaged in the business of 41,713
transmitting telegraphic messages to, from, through, or in this 41,714
state; 41,715
(2) Is a telephone company when primarily engaged in the 41,717
business of providing local exchange telephone service, excluding 41,718
cellular radio service, in this state; 41,719
(3) Is an electric company when engaged in the business of 41,721
951
generating, transmitting, or distributing electricity within this 41,722
state for use by others; 41,723
(4) Is a natural gas company when engaged in the business 41,725
of supplying natural gas for lighting, power, or heating purposes 41,726
to consumers within this state; 41,727
(5) Is a pipe-line company when engaged in the business of 41,729
transporting natural gas, oil, or coal or its derivatives through 41,730
pipes or tubing, either wholly or partially within this state; 41,731
(6) Is a water-works company when engaged in the business 41,733
of supplying water through pipes or tubing, or in a similar 41,734
manner, to consumers within this state; 41,735
(7) Is a water transportation company when engaged in the 41,737
transportation of passengers or property, by boat or other 41,738
watercraft, over any waterway, whether natural or artificial, 41,739
from one point within this state to another point within this 41,740
state, or between points within this state and points without 41,741
this state; 41,742
(8) Is a heating company when engaged in the business of 41,744
supplying water, steam, or air through pipes or tubing to 41,745
consumers within this state for heating purposes; 41,746
(9) Is a railroad company when engaged in the business of 41,748
owning or operating a railroad either wholly or partially within 41,749
this state on rights of way acquired and held exclusively by such 41,750
company, or otherwise, and includes a passenger, street, 41,751
suburban, or interurban railroad company. 41,752
As used in division (D)(2) of this section, "local exchange 41,754
telephone service" means making available or furnishing access 41,755
and a dial tone to all persons within a local calling area for 41,756
use in originating and receiving voice grade communications over 41,757
a switched network operated by the provider of the service within 41,758
the area and for gaining access to other telecommunication 41,759
services. 41,760
(E) "Taxable property" means the property required by 41,762
section 5727.06 of the Revised Code to be assessed by the tax 41,763
952
commissioner but does not include either of the following: 41,764
(1) An item of tangible personal property that for the 41,766
period subsequent to the effective date of an air, water, or 41,767
noise pollution control certificate and continuing so long as the 41,768
certificate is in force, has been certified as part of the 41,769
pollution control facility with respect to which the certificate 41,770
has been issued; 41,771
(2) An item of tangible personal property that during the 41,773
construction of a plant or facility and until the item is first 41,774
capable of operation, whether actually used in operation or not, 41,775
is incorporated in or being held exclusively for incorporation in 41,776
that plant or facility. 41,777
(F) "Taxing district" means a municipal corporation or 41,779
township, or part thereof, in which the aggregate rate of 41,780
taxation is uniform. 41,781
(G) "Telecommunications service" has the same meaning as 41,783
in division (AA) of section 5739.01 of the Revised Code. 41,784
(H) "Interexchange telecommunications company" means a 41,786
person that is engaged in the business of transmitting telephonic 41,787
messages to, from, through, or in this state, but that is not a 41,788
telephone company. 41,789
(I) "Sale and leaseback transaction" means a transaction 41,791
in which a public utility or interexchange telecommunications 41,792
company sells any tangible personal property to a person other 41,793
than a public utility or interexchange telecommunications company 41,794
and within the same calendar year leases that property back from 41,795
the buyer. 41,796
(J) "COMBINED ELECTRIC AND GAS COMPANY" MEANS A PERSON WHO 41,798
PRIMARILY ENGAGES IN THE ACTIVITIES OF AN ELECTRIC COMPANY, BUT 41,799
ALSO ENGAGES IN THE ACTIVITIES OF A NATURAL GAS COMPANY. 41,800
Sec. 5727.111. The taxable property of each public 41,809
utility, except a railroad company, and of each interexchange 41,810
telecommunications company shall be assessed at the following 41,811
percentages of true value: 41,812
953
(A) Fifty per cent in the case of a rural electric 41,814
company; 41,815
(B) In the case of a telephone or telegraph company, the 41,818
percentage provided under division (E)(F) of section 5711.22 of 41,819
the Revised Code for taxable property first subject to taxation 41,820
in this state for tax year 1995 or thereafter, and eighty-eight 41,821
per cent for all other taxable property;
(C) Eighty-eight per cent in the case of a natural gas or 41,823
pipe-line company; 41,824
(D) Eighty-eight per cent in the case of a water-works or 41,826
heating company; 41,827
(E) One hundred per cent in the case of the taxable 41,829
production equipment of an electric company; 41,830
(F) Eighty-eight per cent in the case of all taxable 41,832
personal property of an electric company, other than its 41,833
production equipment; 41,834
(G) The percentage provided under division (E)(F) of 41,837
section 5711.22 of the Revised Code in the case of an 41,838
interexchange telecommunications company; 41,839
(H) Twenty-five per cent in the case of a water 41,841
transportation company. 41,842
Sec. 5727.12. As used in this chapter, "property used in 41,851
railroad operations" means property used in or determined by the 41,852
tax commissioner to be held by a railroad for use in railroad 41,853
operations. In determining the true value of all real and 41,854
personal property owned or leased by each railroad company and 41,855
used in railroad operations, the commissioner shall use the 41,856
unitary method and value all of the property of the company's 41,857
railroad system as a whole, considering the factors generally 41,858
used in that method, and weighing each factor appropriately. The 41,859
true value of the property used in railroad operations shall be 41,860
apportioned to this state as provided in section 5727.14 of the 41,861
Revised Code. The commissioner shall separately determine the 41,862
true value of property owned by the company that the commissioner 41,864
954
determines is not used in railroad operations. The commissioner 41,865
may require the advice of county auditors concerning such values. 41,867
All property of a railroad shall be assessed for taxation 41,869
at the same percentage of true value at which all other real 41,870
property in this state is assessed, in the case of real property, 41,871
and at the percentage of true value provided under division 41,873
(E)(F) of section 5711.22 of the Revised Code, in the case of 41,874
personal property. 41,875
A determination of the value of each tract, lot, or parcel 41,877
of real property or each item of personal property not used in 41,878
railroad operations shall be considered a separate determination 41,879
with respect to which a separate petition for reassessment may be 41,880
filed under section 5727.47 of the Revised Code. 41,881
Where a line of railroad is subsidized under the terms of 41,883
the federal regional rail reorganization act or the federal rail 41,884
revitalization and regulatory reform act, the real and other 41,885
fixed property shall be assessed solely in the name of its owner. 41,886
Sec. 5727.24. FOR THE PURPOSE OF PROVIDING REVENUE TO MEET 41,889
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 41,890
OF A COMBINED ELECTRIC AND GAS COMPANY FROM OPERATING AS A 41,891
NATURAL GAS COMPANY. THE TAX SHALL BE COMPUTED BY MULTIPLYING 41,893
THE GROSS RECEIPTS AS DETERMINED BY THE TAX COMMISSIONER UNDER 41,894
SECTION 5727.33 OF THE REVISED CODE BY FOUR AND THREE-FOURTHS PER 41,896
CENT. A COMBINED ELECTRIC AND GAS COMPANY SHALL BE SUBJECT TO 41,897
THIS TAX ON ANY GROSS RECEIPTS DERIVED FROM OPERATING AS A
NATURAL GAS COMPANY, AND SHALL BE SUBJECT TO THE TAX IMPOSED BY 41,898
SECTION 5727.30 OF THE REVISED CODE FOR ALL OTHER GROSS RECEIPTS, 41,899
EXCLUDING THE GROSS RECEIPTS SUBJECT TO THE TAX IMPOSED BY THIS 41,900
SECTION.
Sec. 5727.25. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 41,903
THIS SECTION, WITHIN FORTY-FIVE DAYS AFTER THE LAST DAY OF MARCH, 41,905
JUNE, SEPTEMBER, AND DECEMBER, EACH NATURAL GAS COMPANY OR 41,907
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE EXCISE TAX 41,909
955
IMPOSED BY SECTION 5727.24 OF THE REVISED CODE SHALL FILE A 41,910
RETURN WITH THE TREASURER OF STATE, IN SUCH FORM AS THE TAX 41,911
COMMISSIONER PRESCRIBES, AND PAY THE FULL AMOUNT OF THE TAX DUE 41,912
FOR THE PRECEDING CALENDAR QUARTER, EXCEPT THAT THE FIRST PAYMENT 41,913
OF THIS TAX SHALL BE MADE ON OR BEFORE NOVEMBER 15, 2000, FOR THE 41,914
FIVE-MONTH PERIOD OF MAY 1, 2000, TO SEPTEMBER 30, 2000. 41,915
THEREAFTER, PAYMENTS SHALL BE MADE QUARTERLY IN ACCORDANCE WITH 41,916
THIS DIVISION. ALL PAYMENTS MADE UNDER THIS DIVISION SHALL BE 41,917
MADE BY ELECTRONIC FUNDS TRANSFER IN ACCORDANCE WITH SECTION 41,918
5727.311 OF THE REVISED CODE. 41,919
(B) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 41,921
COMPANY SUBJECT TO THE EXCISE TAX IMPOSED BY THIS SECTION THAT 41,923
HAS AN ANNUAL TAX LIABILITY FOR THE YEAR ENDING ON THE 41,924
THIRTY-FIRST DAY OF DECEMBER OF LESS THAN THREE HUNDRED 41,926
TWENTY-FIVE THOUSAND DOLLARS SHALL FILE AN ANNUAL RETURN WITH THE 41,927
TREASURER OF STATE, IN SUCH FORM AS THE TAX COMMISSIONER
PRESCRIBES, FOR THE NEXT YEAR AND REMIT THE TAXES DUE FOR THAT 41,928
YEAR WITHIN FORTY-FIVE DAYS AFTER THE THIRTY-FIRST DAY OF 41,929
DECEMBER. THE FIRST PAYMENT OF THE TAX UNDER THIS DIVISION SHALL 41,931
BE MADE ON OR BEFORE FEBRUARY 14, 2001, FOR THE YEAR ENDING 41,932
DECEMBER 31, 2000. THE MINIMUM TAX FOR A NATURAL GAS COMPANY OR 41,933
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THIS DIVISION SHALL 41,934
BE TEN DOLLARS, AND THE COMPANY SHALL NOT BE REQUIRED TO REMIT 41,935
THE TAX DUE BY ELECTRONIC FUNDS TRANSFER. 41,937
(C) A RETURN REQUIRED TO BE FILED UNDER DIVISION (A) OR 41,940
(B) OF THIS SECTION SHALL SHOW THE AMOUNT OF TAX DUE FROM THE 41,941
COMPANY FOR THE PERIOD COVERED BY THE RETURN AND ANY OTHER 41,942
INFORMATION AS PRESCRIBED BY THE TAX COMMISSIONER. A RETURN 41,943
SHALL BE CONSIDERED FILED WHEN RECEIVED BY THE TREASURER OF 41,944
STATE. THE COMMISSIONER MAY EXTEND THE TIME FOR MAKING AND 41,945
FILING RETURNS AND PAYING THE TAX. 41,946
(D) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 41,948
COMPANY THAT FAILS TO FILE A RETURN OR PAY THE FULL AMOUNT OF THE 41,949
TAX DUE WITHIN THE PERIOD PRESCRIBED UNDER THIS SECTION SHALL PAY 41,950
956
AN ADDITIONAL CHARGE OF FIFTY DOLLARS OR TEN PER CENT OF THE TAX 41,951
REQUIRED TO BE PAID FOR THE REPORTING PERIOD, WHICHEVER IS 41,952
GREATER. IF ANY TAX DUE IS NOT PAID TIMELY IN ACCORDANCE WITH 41,953
THIS SECTION, THE COMPANY LIABLE FOR THE TAX SHALL PAY INTEREST, 41,954
CALCULATED AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF 41,955
THE REVISED CODE, FROM THE DATE THE TAX PAYMENT WAS DUE TO THE 41,956
DATE OF PAYMENT OR TO THE DATE AN ASSESSMENT WAS ISSUED, 41,957
WHICHEVER OCCURS FIRST. THE TAX COMMISSIONER MAY COLLECT ANY 41,958
ADDITIONAL CHARGE OR INTEREST IMPOSED BY THIS SECTION BY 41,959
ASSESSMENT IN THE MANNER PROVIDED IN SECTION 5727.26 OF THE 41,960
REVISED CODE. THE COMMISSIONER MAY ABATE ALL OR A PORTION OF THE 41,961
ADDITIONAL CHARGE AND MAY ADOPT RULES GOVERNING SUCH ABATEMENTS. 41,962
(E) THE TAXES, ADDITIONAL CHARGES, PENALTIES, AND INTEREST 41,964
COLLECTED UNDER SECTIONS 5727.24 TO 5727.29 SHALL BE CREDITED IN 41,965
ACCORDANCE WITH SECTION 5727.45 OF THE REVISED CODE. 41,966
Sec. 5727.26. (A) THE TAX COMMISSIONER MAY MAKE AN 41,969
ASSESSMENT, BASED ON ANY INFORMATION IN THE COMMISSIONER'S 41,970
POSSESSION, AGAINST ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC 41,972
AND GAS COMPANY THAT FAILS TO FILE A RETURN OR PAY ANY TAX,
INTEREST, OR ADDITIONAL CHARGE AS REQUIRED BY SECTIONS 5727.24 TO 41,974
5727.29 OF THE REVISED CODE. THE COMMISSIONER SHALL GIVE THE 41,976
COMPANY ASSESSED WRITTEN NOTICE OF THE ASSESSMENT BY PERSONAL 41,977
SERVICE OR CERTIFIED MAIL. A PENALTY OF UP TO FIFTEEN PER CENT 41,978
MAY BE ADDED TO ALL AMOUNTS ASSESSED UNDER THIS SECTION. THE TAX 41,979
COMMISSIONER MAY ADOPT RULES PROVIDING FOR THE REMISSION OF THE 41,980
PENALTY.
(B) IF A PARTY TO WHOM THE NOTICE OF ASSESSMENT IS 41,982
DIRECTED OBJECTS TO THE ASSESSMENT, THE PARTY MAY FILE A PETITION 41,983
FOR REASSESSMENT WITH THE TAX COMMISSIONER. THE PETITION MUST BE 41,984
MADE IN WRITING, SIGNED BY THE PARTY OR THE PARTY'S AUTHORIZED 41,985
AGENT HAVING KNOWLEDGE OF THE FACTS, AND FILED WITH THE 41,986
COMMISSIONER, EITHER PERSONALLY OR BY CERTIFIED MAIL, WITHIN 41,987
THIRTY DAYS AFTER SERVICE OF THE NOTICE OF ASSESSMENT. THE 41,988
PETITION SHALL INDICATE THE OBJECTIONS OF THE COMPANY ASSESSED, 41,989
957
BUT ADDITIONAL OBJECTIONS MAY BE RAISED IN WRITING IF RECEIVED 41,990
PRIOR TO THE DATE SHOWN ON THE FINAL DETERMINATION OF THE 41,991
COMMISSIONER. UPON RECEIPT OF A PROPERLY FILED PETITION, THE 41,992
COMMISSIONER SHALL NOTIFY THE TREASURER OF STATE. 41,993
UNLESS THE PETITIONER WAIVES A HEARING, THE COMMISSIONER 41,995
SHALL GRANT THE PETITIONER A HEARING ON THE PETITION, ASSIGN A 41,996
TIME AND PLACE FOR THE HEARING, AND NOTIFY THE PETITIONER OF THE 41,997
TIME AND PLACE OF THE HEARING, BY PERSONAL SERVICE OR CERTIFIED 41,998
MAIL. THE COMMISSIONER MAY CONTINUE THE HEARING FROM TIME TO 41,999
TIME, IF NECESSARY.
IF THE PARTY TO WHOM THE NOTICE OF ASSESSMENT IS DIRECTED 42,001
DOES NOT FILE A PETITION FOR REASSESSMENT, THE ASSESSMENT IS 42,002
FINAL AND THE AMOUNT OF THE ASSESSMENT IS DUE AND PAYABLE FROM 42,003
THE COMPANY ASSESSED TO THE TREASURER OF STATE. 42,004
(C) THE TAX COMMISSIONER MAY MAKE ANY CORRECTION TO THE 42,006
ASSESSMENT THAT THE COMMISSIONER FINDS PROPER AND SHALL ISSUE A 42,007
FINAL DETERMINATION THEREON. THE COMMISSIONER SHALL SERVE A COPY 42,008
OF THE FINAL DETERMINATION ON THE PETITIONER EITHER BY PERSONAL 42,009
SERVICE OR CERTIFIED MAIL, AND THE COMMISSIONER'S DECISION IN THE 42,010
MATTER IS FINAL, SUBJECT TO APPEAL UNDER SECTION 5717.02 OF THE 42,012
REVISED CODE. THE COMMISSIONER ALSO SHALL TRANSMIT A COPY OF THE 42,013
FINAL DETERMINATION TO THE TREASURER OF STATE. ONLY OBJECTIONS 42,014
DECIDED ON THE MERITS BY THE BOARD OF TAX APPEALS OR A COURT 42,015
SHALL BE GIVEN COLLATERAL ESTOPPEL OR RES JUDICATA EFFECT IN 42,017
CONSIDERING AN APPLICATION FOR REFUND OF AN AMOUNT PAID PURSUANT 42,018
TO THE ASSESSMENT.
(D) AFTER AN ASSESSMENT BECOMES FINAL, IF ANY PORTION OF 42,020
THE ASSESSMENT, INCLUDING ACCRUED INTEREST, REMAINS UNPAID, A 42,021
CERTIFIED COPY OF THE TAX COMMISSIONER'S ENTRY MAKING THE 42,022
ASSESSMENT FINAL MAY BE FILED IN THE OFFICE OF THE CLERK OF THE 42,023
COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE NATURAL GAS 42,024
COMPANY'S OR COMBINED ELECTRIC AND GAS COMPANY'S PRINCIPAL PLACE 42,025
OF BUSINESS IS LOCATED, OR IN THE OFFICE OF THE CLERK OF COURT OF 42,026
COMMON PLEAS OF FRANKLIN COUNTY. 42,027
958
THE CLERK, IMMEDIATELY ON THE FILING OF THE ENTRY, MUST 42,029
ENTER JUDGMENT FOR THE STATE AGAINST THE COMPANY ASSESSED IN THE 42,030
AMOUNT SHOWN ON THE ENTRY. THE JUDGMENT MAY BE FILED BY THE 42,031
CLERK IN A LOOSE-LEAF BOOK ENTITLED, "SPECIAL JUDGMENTS FOR THE 42,032
PUBLIC UTILITY EXCISE TAX ON NATURAL GAS AND COMBINED ELECTRIC 42,033
AND GAS COMPANIES," AND SHALL HAVE THE SAME EFFECT AS OTHER 42,034
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT AT THE 42,035
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 42,036
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT. 42,037
THE PORTION OF THE ASSESSMENT NOT PAID WITHIN THIRTY DAYS 42,039
AFTER THE DAY THE ASSESSMENT WAS ISSUED SHALL BEAR INTEREST AT 42,040
THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED 42,041
CODE FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT 42,043
UNTIL IT IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS 42,044
THE TAX AND MAY BE COLLECTED BY THE ISSUANCE OF AN ASSESSMENT 42,046
UNDER THIS SECTION.
(E) IF THE TAX COMMISSIONER BELIEVES THAT COLLECTION OF 42,048
THE TAX WILL BE JEOPARDIZED UNLESS PROCEEDINGS TO COLLECT OR 42,049
SECURE COLLECTION OF THE TAX ARE INSTITUTED WITHOUT DELAY, THE 42,050
COMMISSIONER MAY ISSUE A JEOPARDY ASSESSMENT AGAINST THE PERSON 42,051
LIABLE FOR THE TAX. ON ISSUANCE OF THE JEOPARDY ASSESSMENT, THE 42,052
COMMISSIONER IMMEDIATELY SHALL FILE AN ENTRY WITH THE CLERK OF 42,053
THE COURT OF COMMON PLEAS IN THE MANNER PRESCRIBED BY DIVISION 42,054
(D) OF THIS SECTION. NOTICE OF THE JEOPARDY ASSESSMENT SHALL BE 42,055
SERVED ON THE PARTY ASSESSED OR THE PARTY'S LEGAL REPRESENTATIVE 42,056
WITHIN FIVE DAYS OF THE FILING OF THE ENTRY WITH THE CLERK. THE
TOTAL AMOUNT ASSESSED IS IMMEDIATELY DUE AND PAYABLE, UNLESS THE 42,057
PERSON ASSESSED FILES A PETITION FOR REASSESSMENT IN ACCORDANCE 42,058
WITH DIVISION (B) OF THIS SECTION AND PROVIDES SECURITY IN A FORM 42,059
SATISFACTORY TO THE COMMISSIONER AND IN AN AMOUNT SUFFICIENT TO 42,060
SATISFY THE UNPAID BALANCE OF THE ASSESSMENT. FULL OR PARTIAL 42,061
PAYMENT OF THE ASSESSMENT DOES NOT PREJUDICE THE COMMISSIONER'S
CONSIDERATION OF THE PETITION FOR REASSESSMENT. 42,062
(F) ALL INTEREST COLLECTED BY THE TAX COMMISSIONER UNDER 42,064
959
THIS SECTION SHALL BE PAID TO THE TREASURER OF STATE, AND WHEN 42,065
PAID SHALL BE CONSIDERED REVENUE ARISING FROM THE TAX IMPOSED BY 42,066
SECTION 5727.24 OF THE REVISED CODE. 42,067
(G) NO ASSESSMENT SHALL BE MADE OR ISSUED AGAINST A 42,069
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY FOR THE 42,070
TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE MORE THAN FOUR 42,071
YEARS AFTER THE RETURN DATE FOR THE PERIOD IN WHICH THE TAX WAS 42,072
REPORTED, OR MORE THAN FOUR YEARS AFTER THE RETURN FOR THE PERIOD 42,073
WAS FILED, WHICHEVER IS LATER. 42,074
Sec. 5727.27. EVERY NATURAL GAS COMPANY OR COMBINED 42,077
ELECTRIC AND GAS COMPANY LIABLE FOR THE TAX IMPOSED BY SECTION 42,078
5727.24 OF THE REVISED CODE SHALL KEEP COMPLETE AND ACCURATE 42,080
RECORDS AS PRESCRIBED BY THE TAX COMMISSIONER. THE RECORDS SHALL 42,081
BE PRESERVED FOR FOUR YEARS AFTER THE RETURN FOR THE TAX TO WHICH 42,083
THE RECORDS PERTAIN IS DUE OR FILED, WHICHEVER IS LATER. THE 42,084
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY SHALL
MAKE THE RECORDS AVAILABLE FOR INSPECTION BY THE COMMISSIONER OR 42,085
THE COMMISSIONER'S AGENT, ON THE REQUEST OF THE COMMISSIONER OR 42,086
AGENT. 42,087
Sec. 5727.28. (A) THE TREASURER OF STATE SHALL REFUND TO 42,090
A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY 42,091
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 42,093
CODE, THE AMOUNT OF TAX PAID ILLEGALLY OR ERRONEOUSLY, OR PAID ON 42,094
AN ILLEGAL OR ERRONEOUS ASSESSMENT. APPLICATIONS FOR A REFUND 42,095
SHALL BE FILED WITH THE TAX COMMISSIONER, ON A FORM PRESCRIBED BY 42,096
THE COMMISSIONER, WITHIN FOUR YEARS OF THE ILLEGAL OR ERRONEOUS 42,097
PAYMENT OF THE TAX. 42,098
ON THE FILING OF THE APPLICATION FOR A REFUND, THE 42,100
COMMISSIONER SHALL DETERMINE THE AMOUNT OF REFUND DUE AND CERTIFY 42,101
THAT AMOUNT TO THE DIRECTOR OF BUDGET AND MANAGEMENT AND 42,102
TREASURER OF STATE FOR PAYMENT FROM THE TAX REFUND FUND UNDER 42,103
SECTION 5703.052 OF THE REVISED CODE. IF THE APPLICATION FOR 42,104
REFUND IS FOR TAXES PAID ON AN ILLEGAL OR ERRONEOUS ASSESSMENT, 42,105
THE TAX COMMISSIONER SHALL INCLUDE IN THE CERTIFIED AMOUNT 42,106
960
INTEREST CALCULATED AT THE RATE PER ANNUM PRESCRIBED UNDER 42,107
SECTION 5703.47 OF THE REVISED CODE FROM THE DATE OF OVERPAYMENT 42,108
TO THE DATE OF THE COMMISSIONER'S CERTIFICATION. 42,109
(B) IF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 42,111
COMPANY ENTITLED TO A REFUND OF TAXES UNDER THIS SECTION IS 42,112
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 42,113
INTEREST ARISING FROM SUCH A TAX OR FEE, THE AMOUNT REFUNDABLE 42,114
MAY BE APPLIED IN SATISFACTION OF THAT DEBT. IF THE AMOUNT 42,115
REFUNDABLE IS LESS THAN THE AMOUNT OF THE DEBT, IT MAY BE APPLIED 42,116
IN PARTIAL SATISFACTION OF THE DEBT. IF THE AMOUNT REFUNDABLE IS 42,117
GREATER THAN THE AMOUNT OF THE DEBT, THE AMOUNT REMAINING AFTER 42,118
SATISFACTION OF THE DEBT SHALL BE REFUNDED. 42,119
(C) IN LIEU OF GRANTING A REFUND UNDER DIVISION (A) OR (B) 42,122
OF THIS SECTION, THE TAX COMMISSIONER MAY ALLOW A NATURAL GAS 42,123
COMPANY OR COMBINED ELECTRIC AND GAS COMPANY TO CLAIM A CREDIT OF 42,124
THE AMOUNT OF THE TAX REFUND ON THE RETURN FOR THE PERIOD DURING 42,125
WHICH THE TAX BECAME REFUNDABLE. THE COMMISSIONER MAY REQUIRE 42,126
THE COMPANY TO SUBMIT INFORMATION TO SUPPORT A CLAIM FOR A CREDIT 42,127
UNDER THIS DIVISION, AND THE COMMISSIONER MAY DISALLOW THE CREDIT 42,128
IF THE INFORMATION IS NOT PROVIDED. 42,129
Sec. 5727.29. (A) NATURAL GAS COMPANIES AND COMBINED 42,132
ELECTRIC AND GAS COMPANIES SHALL BE ENTITLED TO A REFUNDABLE 42,133
CREDIT EQUAL TO THE FOLLOWING: 42,134
(1) FOR NATURAL GAS COMPANIES, THE SUM OF THE THREE 42,136
PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS MADE PURSUANT TO 42,137
SECTION 5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 42,138
1999, AND ON OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000; 42,140
(2) FOR COMBINED ELECTRIC AND GAS COMPANIES, THE SUM OF 42,142
THE THREE PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS DERIVED 42,143
FROM OPERATING AS A NATURAL GAS COMPANY MADE PURSUANT TO SECTION 42,144
5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 1999, AND ON 42,147
OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000. TO CALCULATE THE 42,149
CREDIT ALLOWED UNDER DIVISION (A)(2) OF THIS SECTION, EACH 42,150
961
COMBINED ELECTRIC AND GAS COMPANY SHALL FILE A SEPARATE REPORT AS 42,151
PRESCRIBED BY THE TAX COMMISSIONER SEGREGATING GROSS RECEIPTS 42,152
FROM OPERATING AS AN ELECTRIC COMPANY AND GROSS RECEIPTS FROM 42,153
OPERATING AS A NATURAL GAS COMPANY, FOR THE PERIOD ENDING APRIL 42,154
30, 2000.
(B) NATURAL GAS COMPANIES AND COMBINED ELECTRIC AND GAS 42,156
COMPANIES SHALL CLAIM ONE-FORTIETH OF THE CREDIT CALCULATED UNDER 42,157
DIVISION (A) OF THIS SECTION ON EACH RETURN FILED UNDER DIVISION 42,159
(A) OF SECTION 5727.25 OF THE REVISED CODE UNTIL THE FULL AMOUNT 42,161
OF THE CREDIT IS CLAIMED. THE CREDIT FIRST MAY BE CLAIMED ON THE
RETURN FILED ON OR BEFORE NOVEMBER 15, 2001, PURSUANT TO DIVISION 42,163
(A) OF SECTION 5727.25 OF THE REVISED CODE. IF THE CREDIT 42,165
ALLOWED UNDER THIS SECTION EXCEEDS THE TOTAL TAXES DUE FOR ANY
QUARTER, THE TAX COMMISSIONER SHALL REFUND OR CREDIT THE EXCESS 42,166
IN ACCORDANCE WITH SECTION 5727.28 OF THE REVISED CODE. 42,168
(C) IF THE EXCISE TAX IMPOSED BY SECTION 5727.24 OF THE 42,171
REVISED CODE IS REPEALED OR AMENDED, NATURAL GAS COMPANIES AND 42,172
COMBINED ELECTRIC AND GAS COMPANIES AND THEIR SUCCESSORS AND 42,173
ASSIGNS SHALL BE ALLOWED TO APPLY THE CREDIT ALLOWED UNDER THIS 42,175
SECTION TO ANY OTHER TAX, ADDITIONAL CHARGE, PENALTY, INTEREST, 42,176
OR FEE ADMINISTERED BY THE TAX COMMISSIONER. UNDER NO 42,177
CIRCUMSTANCES SHALL PAYMENT OF THE REFUNDABLE CREDIT GRANTED BY 42,178
THIS SECTION BE ACCELERATED.
Sec. 5727.30. Each public utility, except railroad 42,188
companies AND NATURAL GAS COMPANIES, shall be subject to an 42,191
annual excise tax, as provided by sections 5727.31 to 5727.62 of
the Revised Code, for the privilege of owning property in this 42,192
state or doing business in this state during the twelve-month 42,193
period next succeeding the period upon which the tax is based. 42,194
The tax shall be imposed against each such public utility which 42,196
THAT, on the first day of such twelve-month period, owns property 42,199
in this state or is doing business in this state, and the lien
for the tax, including any penalties and interest accruing 42,201
thereon, shall attach on such day to the property of the public 42,202
962
utility in this state.
Sec. 5727.31. (A) Each public utility, except railroad 42,212
companies, doing business or owning property in this state shall 42,213
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED 42,214
CODE, annually, on or before the first day of August, SHALL file 42,215
with the tax commissioner a statement in such form as the 42,216
commissioner prescribes. 42,217
(B)(1) Annually, on or before the fifteenth day of October 42,219
of the current year, each public utility subject to the excise 42,220
taxes levied by this chapter whose estimated excise taxes for the 42,221
current year as based upon the statement required to be filed in 42,222
that year by division (A) of this section are, in the case of a 42,223
public utility other than a natural gas company, one thousand 42,224
dollars or more, or are, in the case of a natural gas company, 42,225
three hundred twenty-five thousand dollars or more, shall file 42,226
with the treasurer of state a report, in such form as the tax 42,227
commissioner prescribes, showing the amount of excise tax 42,228
estimated to be charged or levied pursuant to law for the current 42,229
year upon the basis of such annual statement, and shall remit a 42,230
portion of the estimated excise taxes shown to be due by the 42,231
report. The portion of the estimated excise taxes due at the 42,232
time the report is filed shall be one-third of its total excise 42,233
taxes estimated to be charged or levied for the current year 42,234
based upon the annual statement filed under division (A) of this 42,235
section. 42,236
(2) Annually, on or before the first day of March and 42,238
June, each public utility subject to the excise taxes levied by 42,239
this chapter whose excise taxes as based upon its last preceding 42,240
annual statement filed under division (A) of this section prior 42,241
to the first day of January were, in the case of a public utility 42,242
other than a natural gas company, one thousand dollars or more, 42,243
or were, in the case of a natural gas company, three hundred 42,244
twenty-five thousand dollars or more, shall file with the 42,245
treasurer of state a report, in such form as the tax commissioner 42,246
963
prescribes, showing the amount of excise tax charged or levied 42,247
pursuant to law upon the basis of such annual statement, and 42,248
shall remit a portion of the excise taxes shown to be due by each 42,249
such report. The portion of the excise taxes due at the time 42,250
each such report is filed shall be one-third of its total excise 42,251
taxes so charged or levied based upon such annual statement. 42,252
(C) Any public utility subject to the excise taxes imposed 42,254
by this chapter SECTION 5727.30 OF THE REVISED CODE whose tax as 42,255
certified under section 5727.38 of the Revised Code in a year 42,257
equals or exceeds the amount specified for that year in section 42,258
5727.311 of the Revised Code shall make the payments required 42,259
under this section in the second ensuing and each succeeding year 42,260
in the manner prescribed by section 5727.311 of the Revised Code, 42,261
except as otherwise prescribed by that section. 42,262
(D)(1) For purposes of this section, a report required to 42,264
be filed under division (B) of this section is considered filed 42,265
when it is received by the treasurer of state. 42,266
(2) For purposes of this section and sections 5727.311 and 42,268
5727.42 of the Revised Code, remittance of an excise tax required 42,269
to be made under this section is considered to be made when the 42,270
remittance is received by the treasurer of state, or when 42,271
credited to an account designated by the treasurer of state for 42,272
the receipt of tax remittances. 42,273
Sec. 5727.311. (A) Any public utility subject to an 42,283
excise tax imposed by this chapter SECTION 5727.30 OF THE REVISED 42,284
CODE whose tax as certified by the tax commissioner under section 42,286
5727.38 of the Revised Code in the year indicated in the 42,287
following schedule equals or exceeds the amount indicated for 42,288
that year in the schedule FIFTY THOUSAND DOLLARS shall make each 42,290
payment required under division (B) of section 5727.31 of the 42,291
Revised Code for the second ensuing and each succeeding year by 42,292
electronic funds transfer as prescribed by division (B) of this 42,293
section. Year for which 42,294
964
tax was certified 1992 1993 and 42,295
thereafter
Amount of tax $100,000 $50,000 42,296
certified
If the tax certified by the tax commissioner in each of two 42,298
consecutive years beginning with 1993 is less than fifty thousand 42,299
dollars, the public utility is relieved of the requirement to 42,300
remit taxes by electronic funds transfer for the year that next 42,301
follows the second of the consecutive years in which the tax 42,302
certified is less than fifty thousand dollars, and is relieved of 42,303
that requirement for each succeeding year unless the tax 42,304
certified in a subsequent year equals or exceeds fifty thousand 42,305
dollars. The 42,306
(B) THE tax commissioner shall notify each public utility 42,308
required BY THIS SECTION OR SECTION 5727.25 OF THE REVISED CODE 42,309
to remit taxes by electronic funds transfer of the public 42,311
utility's obligation to do so, shall maintain an updated list of 42,312
those public utilities, and shall timely certify the list and any 42,313
additions thereto or deletions therefrom to the treasurer of 42,314
state. Failure by the tax commissioner to notify a public
utility subject to this section to remit taxes by electronic 42,315
funds transfer does not relieve the public utility of its 42,316
obligation to remit taxes by electronic funds transfer. 42,317
(B)(C) Public utilities required by this section OR 42,319
SECTION 5727.25 OF THE REVISED CODE to remit periodic payments by 42,321
electronic funds transfer shall remit such payments to the 42,322
treasurer of state in the manner prescribed by rules adopted by 42,323
the treasurer under section 113.061 of the Revised Code. The 42,324
payment of public utility excise taxes by electronic funds 42,325
transfer does not affect a public utility's obligation to file 42,326
the annual statement and periodic reports in the manner and at 42,327
the times prescribed by section 5727.31 of the Revised Code. 42,328
A public utility required by this section to remit taxes by 42,330
electronic funds transfer may apply to the treasurer of state in 42,331
965
the manner prescribed by the treasurer OF STATE to be excused 42,332
from that requirement. The treasurer of state may excuse the 42,333
public utility from remittance by electronic funds transfer for 42,334
good cause shown for the period of time requested by the public 42,335
utility or for a portion of that period. The treasurer OF STATE 42,336
shall notify the tax commissioner and the public utility of the 42,337
treasurer's TREASURER OF STATE'S decision as soon as is 42,338
practicable. 42,339
(C)(D) If a public utility required by this section OR 42,341
SECTION 5727.25 OF THE REVISED CODE to remit taxes by electronic 42,343
funds transfer remits those taxes by some means other than by 42,344
electronic funds transfer as prescribed by this section and the 42,345
rules adopted by the treasurer of state, and the treasurer OF 42,346
STATE determines that the failure to remit taxes as required was 42,347
not due to reasonable cause or was due to willful neglect, the 42,348
treasurer OF STATE may impose an additional charge on the public 42,349
utility equal to five per cent of the amount of the taxes
required to be paid by electronic funds transfer, but not to 42,350
exceed five thousand dollars. Any additional charge imposed 42,351
under this section is in addition to any other penalty or charge 42,352
imposed under this chapter, and shall be considered as revenue 42,353
arising from excise taxes imposed by this chapter. 42,354
No additional charge shall be assessed under this division 42,356
against a public utility that has been notified of its obligation 42,357
to remit taxes under this section and that remits its first two 42,358
tax payments after such notification by some means other than 42,359
electronic funds transfer. The additional charge may be assessed 42,360
upon the remittance of any subsequent tax payment that the public 42,361
utility remits by some means other than electronic funds 42,362
transfer. 42,363
Sec. 5727.32. The statement required by section 5727.31 of 42,373
the Revised Code for the purpose of the public utility excise tax 42,374
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE shall contain: 42,376
(A) The name of the company; 42,378
966
(B) The nature of the company, whether a person, 42,380
association, or corporation, and under the laws of what state or 42,381
country organized; 42,382
(C) The location of its principal office; 42,384
(D) The name and post-office address of the president, 42,386
secretary, auditor, treasurer, and superintendent or general 42,387
manager; 42,388
(E) The name and post-office address of the chief officer 42,390
or managing agent of the company in this state; 42,391
(F) The amount of the excise taxes paid or to be paid with 42,393
the reports made during the current calendar year as provided by 42,394
section 5727.31 of the Revised Code; 42,395
(G) In the case of telegraph and telephone companies: 42,397
(1) The gross receipts from all sources, whether messages, 42,399
telephone tolls, rentals, or otherwise, for business done within 42,400
this state, including all sums earned or charged, whether 42,401
actually received or not, for the year ending on the thirtieth 42,402
day of June, and the company's proportion of gross receipts for 42,403
business done by it within this state in connection with other 42,404
companies, firms, corporations, persons, or associations, but 42,405
excluding all of the following: 42,406
(a) All of the receipts derived wholly from interstate 42,408
business or business done for or with the federal government; 42,409
(b) The receipts of amounts billed on behalf of other 42,411
entities; 42,412
(c) The receipts from sales to other telephone companies 42,414
for resale; 42,415
(d) For the year ending June 30, 1990, and each subsequent 42,417
year, THE receipts from sales to providers of telecommunications 42,418
service for resale, receipts from incoming or outgoing wide area 42,419
transmission service or wide area transmission type service, 42,420
including eight hundred or eight-hundred-type service, and 42,421
receipts from private communications service. 42,422
As used in this division, "receipts from sales to other 42,424
967
telephone companies for resale" and "receipts from sales to 42,425
providers of telecommunications service for resale" include, but 42,426
are not limited to, receipts of carrier access charges. "Carrier 42,427
access charges" means compensation paid to the taxpayer telephone 42,428
company by another telephone company or by a provider of 42,429
telecommunications service for the use of the taxpayer's 42,430
facilities to originate or terminate telephone calls or 42,431
telecommunications service. 42,432
(2) The total gross receipts for such period from business 42,434
done within this state. 42,435
(H) In the case of all public utilities, except NATURAL 42,437
GAS COMPANIES AND telegraph and telephone companies: 42,439
(1) The gross receipts of the company, actually received, 42,441
from all sources for business done within this state for the year 42,442
next preceding the first day of May, including the company's 42,443
proportion of gross receipts for business done by it within this 42,444
state in connection with other companies, firms, corporations, 42,445
persons, or associations, but excluding all of the following: 42,446
(a) Receipts from interstate business or business done for 42,448
the federal government; 42,449
(b) Receipts from sales to other public utilities for 42,451
resale, provided such other public utility is required to file a 42,452
statement pursuant to section 5727.31 of the Revised Code; 42,453
(c) For the year ending April 30, 1990, and each 42,455
subsequent year, receipts RECEIPTS from the transmission or 42,456
delivery of electricity to or for a rural electric company, 42,458
provided that the electricity that has been so transmitted or 42,459
delivered is for resale by the rural electric company; 42,460
(d) Receipts of an electric company, derived from the 42,462
provision of electricity and other services to a qualified former 42,463
owner of the production facilities which THAT generated the 42,464
electricity from which those receipts were derived. As used in 42,465
this division, a "qualified former owner" means a person who 42,466
meets both of the following conditions: 42,467
968
(i) On or before October 11, 1991, the person had sold to 42,469
an electric company part of the production facility at which the 42,470
electricity is generated, and, for at least twenty years prior to 42,471
that sale, the facility was used to generate electricity, but it 42,472
was not owned in whole or in part during that period by an 42,473
electric company. 42,474
(ii) At the time the electric company provided the 42,476
electricity or other services for which the exclusion is claimed, 42,477
the person, or a successor or assign of the person, owned not 42,478
less than a twenty per cent ownership of the production facility 42,479
and the rights to not less than twenty per cent of the production 42,480
of that facility; and the person, or a successor or assign of the 42,481
person, engaged primarily in a business other than providing 42,482
electricity to others. 42,483
(e) Receipts of a natural COMBINED ELECTRIC AND gas 42,485
company of amounts billed on behalf of other entities. 42,487
Transportation and billing and collection fees charged to other 42,488
entities shall be included in the gross receipts of DERIVED FROM
OPERATING AS a natural gas company IF THE RECEIPTS ARE SUBJECT TO 42,489
THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE. 42,490
(2) The total gross receipts of such company for such 42,492
period in this state from business done within the state. 42,493
The reports required by section 5727.31 of the Revised Code 42,495
shall contain: 42,496
(a) The name and principal mailing address of the company; 42,498
(b) The total amount of the gross receipts excise taxes 42,500
charged or levied as based upon its last preceding annual 42,501
statement filed prior to the first day of January of the year in 42,502
which such report is filed; 42,503
(c) The amount of the excise taxes due with the report as 42,505
provided by section 5727.31 of the Revised Code. 42,506
Sec. 5727.33. (A) For the purpose of computing the public 42,516
utility excise tax IMPOSED BY SECTION 5727.24 OR 5727.30 OF THE 42,517
REVISED CODE, the tax commissioner shall ascertain and determine 42,519
969
the entire gross receipts actually received from all sources, 42,520
excluding the receipts described in divisions (B), (C), (D), and 42,521
(E), AND (F) of this section, of each electric, rural electric, 42,522
natural COMBINED ELECTRIC AND gas, pipe-line, water-works, 42,523
heating, and water transportation company for business done 42,525
within this state for the year ending on the thirtieth day of 42,526
April, OF EACH NATURAL GAS COMPANY FOR BUSINESS DONE WITHIN THIS 42,527
STATE QUARTERLY OR YEARLY AS PROVIDED IN SECTION 5727.25 OF THE 42,528
REVISED CODE, and of each telegraph and telephone company for 42,529
business done within this state for the year ending on the 42,530
thirtieth day of June.
(B) In ascertaining and determining the gross receipts of 42,532
each of the companies named in this section, the commissioner 42,533
shall exclude all of the following: 42,534
(1) All receipts derived wholly from interstate business; 42,536
(2) All receipts derived wholly from business done for or 42,538
with the federal government; 42,539
(3) For the year ending April 30, 1990, and each 42,541
subsequent year, all ALL receipts derived wholly from the 42,542
transmission or delivery of electricity to or for a rural 42,543
electric company, provided that the electricity that has been so 42,544
transmitted or delivered is for resale by the rural electric 42,545
company; 42,546
(4) All receipts from the sale of merchandise; 42,548
(5) All receipts from sales to other public utilities, 42,550
except railroad, telegraph, and telephone companies, for resale, 42,551
provided the other public utility is required to file a statement 42,552
pursuant to section 5727.31 of the Revised Code. 42,553
(C) In ascertaining and determining the gross receipts of 42,555
a telephone company, the commissioner shall exclude all of the 42,557
following: 42,558
(1) For the year ending June 30, 1988, and each subsequent 42,560
year, receipts RECEIPTS of amounts billed on behalf of other 42,561
entities; 42,562
970
(2) For the year ending June 30, 1988, and each subsequent 42,564
year, receipts RECEIPTS from sales to other telephone companies 42,565
for resale, as defined in division (G) of section 5727.32 of the 42,566
Revised Code; 42,567
(3) For the year ending June 30, 1990, and each subsequent 42,569
year, receipts RECEIPTS from incoming or outgoing wide area 42,570
transmission service or wide area transmission type service, 42,572
including eight hundred or eight-hundred-type service; 42,573
(4) For the year ending June 30, 1990, and each subsequent 42,575
year, receipts RECEIPTS from private communications service as 42,576
described in division (AA)(2) of section 5739.01 of the Revised 42,578
Code;
(5) For the year ending June 30, 1990, and each subsequent 42,580
year, receipts RECEIPTS from sales to providers of 42,581
telecommunications service for resale, as defined in division (G) 42,583
of section 5727.32 of the Revised Code. 42,584
(D) In ascertaining and determining the gross receipts of 42,586
an electric company, the commissioner shall exclude receipts 42,587
derived from the provision of electricity and other services to a 42,588
qualified former owner of the production facilities which THAT 42,589
generated the electricity from which those receipts were derived. 42,590
As used in this division, a "qualified former owner" means a 42,591
person who meets both of the following conditions: 42,592
(1) On or before October 11, 1991, the person had sold to 42,594
an electric company part of the production facility at which the 42,595
electricity is generated, and, for at least twenty years prior to 42,596
that sale, the facility was used to generate electricity, but it 42,597
was not owned in whole or in part during that period by an 42,598
electric company. 42,599
(2) At the time the electric company provided the 42,601
electricity or other services for which the exclusion is claimed, 42,602
the person, or a successor or assign of the person, owned not 42,603
less than a twenty per cent ownership of the production facility 42,604
and the rights to not less than twenty per cent of the production 42,605
971
of that facility. 42,606
(E) In ascertaining and determining the gross receipts of 42,608
a natural gas company, the commissioner shall exclude receipts of 42,609
amounts billed on behalf of other entities. Transportation and 42,610
billing and collection fees charged to other entities shall be 42,611
included in the gross receipts of a natural gas company. 42,612
The (F) IN ASCERTAINING AND DETERMINING THE GROSS RECEIPTS 42,615
OF A COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE TAX IMPOSED 42,616
BY SECTION 5727.30 OF THE REVISED CODE, THE COMMISSIONER SHALL 42,617
EXCLUDE ALL RECEIPTS DERIVED FROM OPERATING AS A NATURAL GAS 42,618
COMPANY THAT ARE SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF 42,619
THE REVISED CODE. 42,620
(G) EXCEPT AS PROVIDED IN DIVISION (H) OF THIS SECTION, 42,622
THE amount ascertained by the commissioner under this section, 42,624
less a deduction of twenty-five thousand dollars, shall be the 42,625
gross receipts of such companies for business done within this 42,626
state for that year.
(H) THE AMOUNT ASCERTAINED BY THE COMMISSIONER UNDER THIS 42,628
SECTION, LESS THE FOLLOWING DEDUCTION, SHALL BE THE GROSS 42,629
RECEIPTS OF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 42,631
COMPANY FOR BUSINESS DONE WITHIN THIS STATE:
(1) FOR A NATURAL GAS COMPANY THAT FILES QUARTERLY RETURNS 42,633
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, SIX 42,634
THOUSAND TWO HUNDRED FIFTY DOLLARS FOR EACH QUARTERLY RETURN; 42,636
(2) FOR A NATURAL GAS COMPANY THAT FILES AN ANNUAL RETURN 42,638
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, 42,639
TWENTY-FIVE THOUSAND DOLLARS FOR EACH ANNUAL RETURN; 42,641
(3) FOR A COMBINED ELECTRIC AND GAS COMPANY, TWENTY-FIVE 42,643
THOUSAND DOLLARS ON THE ANNUAL STATEMENT FILED UNDER SECTION 42,644
5727.31 OF THE REVISED CODE. A COMBINED ELECTRIC AND GAS COMPANY 42,645
SHALL NOT BE ENTITLED TO A DEDUCTION IN COMPUTING GROSS RECEIPTS 42,646
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 42,647
CODE.
Sec. 5727.38. On or before the first Monday of November, 42,657
972
annually, the tax commissioner shall assess an excise tax against 42,658
each public utility, except railroad companies AND NATURAL GAS 42,660
COMPANIES. The tax shall be computed by multiplying the gross 42,661
receipts as determined by the commissioner under section 5727.33 42,662
of the Revised Code by six and three-fourths per cent in the case 42,664
of pipe-line companies and four and three-fourths per cent in the 42,665
case of all other companies. The minimum tax for any such 42,666
company for owning property or doing business in this state shall 42,667
be ten dollars. The assessment shall be certified to the
taxpayer and treasurer of state. 42,668
Sec. 5727.42. (A) The treasurer of state shall maintain a 42,677
list of all excise taxes levied and payments made pursuant to 42,678
this chapter. The treasurer of state shall collect and the 42,679
taxpayer shall pay all taxes and any penalties thereon. Payments 42,680
OF THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED CODE may be 42,681
made by mail, in person, by electronic funds transfer if required 42,683
to do so by section 5727.311 of the Revised Code, or by any other 42,684
means authorized by the treasurer of state. The treasurer of 42,685
state may adopt rules concerning the methods and timeliness of 42,686
payment.
(B) Each tax bill issued pursuant to this section shall 42,688
separately reflect the taxes due, due date, and any other 42,689
information considered necessary. Except as otherwise provided 42,690
in division (F) of this section, the THE last day on which 42,691
payment may be made without penalty shall be at least twenty but 42,692
not more than thirty days from the date of mailing the tax bill. 42,693
The treasurer of state shall mail the tax bill, and the mailing 42,694
thereof shall be prima-facie evidence of receipt thereof by the 42,695
taxpayer. 42,696
(C) The treasurer of state shall refund taxes LEVIED AND 42,698
PAYMENTS MADE FOR THE TAX IMPOSED BY SECTION 5727.30 OF THE 42,699
REVISED CODE as provided in this section, but no refund shall be 42,700
made to a taxpayer having a delinquent claim certified pursuant 42,701
to this section that remains unpaid. The treasurer of state may 42,702
973
consult the attorney general regarding such claims. 42,703
(D) Within twenty days after receipt of any excise tax 42,705
assessment certified to him THE TREASURER OF STATE FOR THE TAX 42,706
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE, the treasurer of 42,708
state shall:
(1) Ascertain the difference between the total taxes shown 42,710
on such assessment and the sum of all advance ESTIMATED payments, 42,712
exclusive of any penalties thereon, previously made for that 42,713
year.
(2) If the difference is a deficiency, the treasurer of 42,715
state shall issue a tax bill. 42,716
(3) If the difference is an excess, the treasurer of state 42,718
shall certify the name of the taxpayer and the amount to be 42,719
refunded to the director of budget and management for payment to 42,720
the taxpayer. 42,721
If the taxpayer has a deficiency for one tax year and an 42,723
excess for another tax year, or any combination thereof for more 42,724
than two years, the treasurer of state may determine the net 42,725
result and, depending on such result, proceed to mail a tax bill 42,726
or certify a refund. 42,727
(E) If a taxpayer fails to pay all taxes on or before the 42,729
due date shown on the tax bill, or fails to make an advance 42,730
ESTIMATED payment on or before the due date prescribed in 42,732
division (B) of section 5727.31 of the Revised Code, but makes 42,733
payment within ten calendar days of such date, the treasurer of 42,734
state shall add a penalty equal to five per cent of the amount 42,735
that should have been timely paid. If payment is not made within 42,736
ten days of such date, the treasurer of state shall add a penalty 42,737
equal to fifteen per cent of the amount that should have been 42,738
timely paid. The treasurer of state shall prepare a delinquent 42,739
claim for each tax bill on which penalties were added and certify 42,740
such claims to the attorney general and tax commissioner. The 42,741
attorney general shall proceed to collect the delinquent taxes 42,742
and penalties thereon in the manner prescribed by law and notify 42,743
974
the treasurer of state and tax commissioner of all collections. 42,744
(F) The last day on which a natural gas company that is 42,746
not required to make payments under division (B) of section 42,747
5727.31 of the Revised Code may pay its taxes without penalty 42,748
shall be the fifteenth day of March of the year following the 42,749
year in which the commissioner is required to certify his 42,750
assessment of the company's tax under section 5727.38 of the 42,751
Revised Code. The tax due date shall be reflected on the tax 42,752
bill. 42,753
Sec. 5727.48. The tax commissioner, on application by a 42,763
public utility, may extend to the public utility a further 42,764
specified time, not to exceed sixty days, within which to file 42,765
any report or statement required by this chapter to be filed with 42,766
the commissioner, EXCEPT REPORTS REQUIRED BY SECTIONS 5727.24 TO 42,767
5727.29 OF THE REVISED CODE. A public utility must file such an
application, in writing, with the commissioner on or before the 42,768
date that the report or statement is otherwise required to be 42,769
filed.
Sec. 5727.50. If any public utility fails to make any 42,779
report to the tax commissioner required by law, or makes such 42,780
report and fails to report or reports erroneously any information 42,781
essential to the determination of any amount, value, proportion, 42,782
or other fact to be determined by the commissioner pursuant to 42,783
law, which is necessary for the fixing of any fee, tax, or
assessment, the commissioner shall determine such amount, value, 42,784
proportion, or other fact and shall certify the same as required 42,786
by law. Such power and duty of the commissioner shall extend 42,787
only to the five years next preceding the year in which such 42,789
inquiry is made. Upon the determination and certification by the
commissioner, a tax, fee, or assessment shall be charged for 42,790
collection from such public utility at the rate provided by law 42,791
for the years when such tax, fee, or assessment was omitted, or 42,792
erroneously charged so that the total tax, fee, or assessment 42,793
paid and to be paid for such years shall be in the full amount 42,794
975
chargeable to such public utility by law. Such charge shall be
without prejudice to the collection of any penalty authorized by 42,795
law.
THIS SECTION SHALL NOT APPLY TO SECTIONS 5727.24 TO 5727.29 42,797
OF THE REVISED CODE.
Sec. 5727.60. If a public utility required to file a 42,807
report with the tax commissioner by sections 5727.02 TO 5727.23 42,808
AND 5727.30 to 5727.62, inclusive, of the Revised Code, fails to 42,810
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 42,811
such report.
Sec. 5733.05. As used in this section, "qualified 42,820
research" means laboratory research, experimental research, and 42,821
other similar types of research; research in developing or 42,822
improving a product; or research in developing or improving the 42,823
means of producing a product. It does not include market 42,824
research, consumer surveys, efficiency surveys, management 42,825
studies, ordinary testing or inspection of materials or products 42,826
for quality control, historical research, or literary research. 42,827
"Product" as used in this paragraph does not include services or 42,828
intangible property. 42,829
The annual report determines the value of the issued and 42,832
outstanding shares of stock of the taxpayer, which under division 42,833
(A) or divisions (B) and (C) of this section is the base or 42,834
measure of the franchise tax liability. Such determination shall 42,835
be made as of the date shown by the report to have been the 42,836
beginning of the corporation's annual accounting period that 42,837
includes the first day of January of the tax year. For the 42,838
purposes of this chapter, the value of the issued and outstanding 42,840
shares of stock of any corporation that is a financial 42,842
institution shall be deemed to be the value as calculated in 42,844
accordance with division (A) of this section. For the purposes 42,846
of this chapter, the value of the issued and outstanding shares 42,847
of stock of any corporation that is not a financial institution 42,848
976
shall be deemed to be the values as calculated in accordance with 42,849
divisions (B) and (C) of this section. 42,850
(A) The total value, as shown by the books of the 42,852
financial institution, of its capital, surplus, whether earned or 42,854
unearned, undivided profits, and reserves shall be determined as 42,856
prescribed by section 5733.056 of the Revised Code for tax years 42,857
1998 and thereafter. 42,858
(B) The sum of the corporation's net income during the 42,860
corporation's taxable year, allocated or apportioned to this 42,862
state as prescribed in divisions (B)(1) and (2) of this section, 42,864
and subject to sections 5733.052, 5733.053, 5733.057, and 42,865
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 42,867
section 5733.051 of the Revised Code. 42,868
(2) The amount of Ohio apportioned net income from sources 42,870
other than those allocated under section 5733.051 of the Revised 42,871
Code, which shall be determined by multiplying the corporation's 42,872
net income by a fraction. The numerator of the fraction is the 42,874
sum of the following products: the property factor multiplied by 42,877
twenty, the payroll factor multiplied by twenty, and the sales 42,878
factor multiplied by sixty. The denominator of the fraction is 42,880
one hundred, provided that the denominator shall be reduced by 42,882
twenty if the property factor has a denominator of zero, by 42,884
twenty if the payroll factor has a denominator of zero, and by 42,885
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 42,887
determined as follows:
(a) The property factor is a fraction the numerator of 42,889
which is the average value of the corporation's real and tangible 42,890
personal property owned or rented, and used in the trade or 42,891
business in this state during the taxable year, and the 42,892
denominator of which is the average value of all the 42,893
corporation's real and tangible personal property owned or 42,894
rented, and used in the trade or business everywhere during such 42,895
977
year. There shall be excluded from the numerator and denominator 42,896
of the property factor the original cost of all of the following 42,897
property within Ohio: property with respect to which a 42,898
"pollution control facility" certificate has been issued pursuant 42,899
to section 5709.21 of the Revised Code; property with respect to 42,900
which an "industrial water pollution control certificate" has 42,901
been issued pursuant to section 6111.31 of the Revised Code; and 42,902
property used exclusively during the taxable year for qualified 42,903
research. 42,904
(i) Property owned by the corporation is valued at its 42,906
original cost. Property rented by the corporation is valued at 42,907
eight times the net annual rental rate. "Net annual rental rate" 42,908
means the annual rental rate paid by the corporation less any 42,909
annual rental rate received by the corporation from subrentals. 42,910
(ii) The average value of property shall be determined by 42,912
averaging the values at the beginning and the end of the taxable 42,913
year, but the tax commissioner may require the averaging of 42,914
monthly values during the taxable year, if reasonably required to 42,915
reflect properly the average value of the corporation's property. 42,916
(b) The payroll factor is a fraction the numerator of 42,918
which is the total amount paid in this state during the taxable 42,919
year by the corporation for compensation, and the denominator of 42,920
which is the total compensation paid everywhere by the 42,921
corporation during such year. There shall be excluded from the 42,922
numerator and the denominator of the payroll factor the total 42,923
compensation paid in this state to employees who are primarily 42,924
engaged in qualified research. 42,925
(i) Compensation means any form of remuneration paid to an 42,927
employee for personal services. 42,928
(ii) Compensation is paid in this state if: (1) the 42,930
recipient's service is performed entirely within this state, (2) 42,931
the recipient's service is performed both within and without this 42,932
state, but the service performed without this state is incidental 42,933
to the recipient's service within this state, (3) some of the 42,934
978
service is performed within this state and either the base of 42,935
operations, or if there is no base of operations, the place from 42,936
which the service is directed or controlled is within this state, 42,937
or the base of operations or the place from which the service is 42,938
directed or controlled is not in any state in which some part of 42,939
the service is performed, but the recipient's residence is in 42,940
this state. 42,941
(iii) Compensation is paid in this state to any employee 42,943
of a common or contract motor carrier corporation, who performs 42,944
the employee's regularly assigned duties on a motor vehicle in 42,946
more than one state, in the same ratio by which the mileage 42,947
traveled by such employee within the state bears to the total 42,948
mileage traveled by such employee everywhere during the taxable 42,949
year.
(c) The sales factor is a fraction the numerator of which 42,951
is the total sales in this state by the corporation during the 42,952
taxable year, and the denominator of which is the total sales by 42,953
the corporation everywhere during such year. In determining the 42,954
numerator and denominator of the sales factor, receipts from the 42,955
sale or other disposal of a capital asset or an asset described 42,956
in section 1231 of the Internal Revenue Code shall be eliminated. 42,957
Also, in determining the numerator and denominator of the sales 42,958
factor, in the case of a reporting corporation owning at least 42,959
eighty per cent of the issued and outstanding common stock of one 42,960
or more public utilities or insurance companies, or owning at 42,961
least twenty-five per cent of the issued and outstanding common 42,962
stock of one or more financial institutions, receipts received by 42,963
the reporting corporation from such utilities, insurance 42,964
companies, and financial institutions shall be eliminated. 42,965
For the purpose of this section and section 5733.03 of the 42,967
Revised Code, sales of tangible personal property are in this 42,968
state where such property is received in this state by the 42,969
purchaser. In the case of delivery of tangible personal property 42,970
by common carrier or by other means of transportation, the place 42,971
979
at which such property is ultimately received after all 42,972
transportation has been completed shall be considered as the 42,973
place at which such property is received by the purchaser. 42,974
Direct delivery in this state, other than for purposes of 42,975
transportation, to a person or firm designated by a purchaser 42,976
constitutes delivery to the purchaser in this state, and direct 42,977
delivery outside this state to a person or firm designated by a 42,978
purchaser does not constitute delivery to the purchaser in this 42,979
state, regardless of where title passes or other conditions of 42,980
sale. 42,981
Sales, other than sales of tangible personal property, are 42,983
in this state if either: 42,984
(i) The income-producing activity is performed solely in 42,986
this state; 42,987
(ii) The income-producing activity is performed both 42,989
within and without this state and a greater proportion of the 42,990
income-producing activity is performed within this state than in 42,992
any other state, based on costs of performance. 42,993
(d) If the allocation and apportionment provisions of 42,995
division (B) of this section do not fairly represent the extent 42,997
of the taxpayer's business activity in this state, the taxpayer 42,998
may request, which request must be in writing and must accompany 42,999
the report, timely filed petition for reassessment, or timely 43,000
filed amended report, or the tax commissioner may require, in 43,001
respect to all or any part of the taxpayer's allocated or 43,002
apportioned base, if reasonable, any one or more of the 43,003
following:
(i) Separate accounting; 43,005
(ii) The exclusion of any one or more of the factors; 43,007
(iii) The inclusion of one or more additional factors 43,009
which will fairly represent the taxpayer's allocated or 43,010
apportioned base in this state. 43,011
An alternative method will be effective only with approval 43,013
by the tax commissioner. 43,014
980
Nothing in this section shall be construed to extend any 43,016
statute of limitations set forth in this chapter. 43,017
(C)(1) Subject to divisions (C)(2) and (3) of this 43,020
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 43,021
book value of a corporation's assets less the net carrying value 43,023
of its liabilities, AND EXCLUDING FROM THE CORPORATION'S ASSETS 43,024
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS OF THE FIRST 43,025
MONDAY OF JUNE IN THE CORPORATION'S TAXABLE YEAR AS DETERMINED BY 43,026
THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE LAND IS LOCATED
PURSUANT TO SECTION 5713.31 OF THE REVISED CODE. For the 43,027
purposes of determining that total value, any reserves shown on 43,028
the corporation's books shall be considered liabilities or contra 43,029
assets except for any reserves that are deemed appropriations of 43,030
retained earnings under generally accepted accounting principles. 43,031
(2)(a) If, on the last day of the taxpayer's taxable year 43,034
preceding the tax year, the taxpayer is a related member to a 43,035
corporation that elects to be a qualifying holding company for 43,036
the tax year beginning after the last day of the taxpayer's 43,037
taxable year, or if, on the last day of the taxpayer's taxable 43,038
year preceding the tax year, a corporation that elects to be a 43,039
qualifying holding company for the tax year beginning after the 43,040
last day of the taxpayer's taxable year is a related member to 43,041
the taxpayer, then the taxpayer's total value shall be adjusted 43,042
by the qualifying amount. Except as otherwise provided under 43,043
division (C)(2)(b) of this section, "qualifying amount" means the 43,044
amount that, when added to the taxpayer's total value, and when 43,046
subtracted from the net carrying value of the taxpayer's 43,047
liabilities computed without regard to division (C)(2) of this 43,049
section, or when subtracted from the taxpayer's total value and 43,051
when added to the net carrying value of the taxpayer's 43,052
liabilities computed without regard to division (C)(2) of this 43,054
section, results in the taxpayer's debt-to-equity ratio equaling 43,055
the debt-to-equity ratio of the qualifying controlled group on 43,056
981
the last day of the taxable year ending prior to the first day of 43,057
the tax year computed on a consolidated basis in accordance with 43,059
general accepted accounting principles. For the purposes of 43,060
division (C)(2)(a) of this section, the corporation's total 43,061
value, after the adjustment required by that division, shall not 43,062
exceed the net book value of the corporation's assets. 43,063
(b)(i) The amount added to the taxpayer's total value and 43,066
subtracted from the net carrying value of the taxpayer's 43,067
liabilities shall not exceed the amount of the net carrying value 43,068
of the taxpayer's liabilities owed to the taxpayer's related 43,070
members.
(ii) A liability owed to the taxpayer's related members 43,072
includes, but is not limited to, any amount that the corporation 43,074
owes to a person that is not a related member if the 43,075
corporation's related member or related members in whole or in 43,076
part guarantee any portion or all of that amount, or pledge, 43,077
hypothecate, mortgage, or carry out any similar transactions to 43,078
secure any portion or all of that amount. 43,079
(3) The base upon which the tax is levied under division 43,081
(C) of section 5733.06 of the Revised Code shall be computed by 43,083
multiplying the amount determined under divisions (C)(1) and (2) 43,085
of this section by the fraction determined under divisions 43,086
(B)(2)(a) to (c) of this section and, if applicable, divisions 43,089
(B)(2)(d)(ii) to (iv) of this section but without regard to 43,091
section 5733.052 of the Revised Code. 43,092
(4) For purposes of division (C) of this section, "related 43,096
member" has the same meaning as in division (A)(6) of section 43,097
5733.042 of the Revised Code without regard to division (B) of 43,098
that section.
Sec. 5733.16. For the purposes of sections 5727.38 5727.24 43,107
to 5727.62 of the Revised Code and this chapter, domestic 43,109
corporations are deemed organized upon the filing of articles of 43,110
incorporation in the office of the secretary of state, and 43,111
foreign corporations are deemed admitted to do business in this 43,112
982
state when the statement for admission has been filed with the 43,113
secretary of state or a certificate of compliance with the laws 43,114
of this state has been obtained from him THE SECRETARY OF STATE. 43,115
Each domestic corporation shall be required to file its first 43,116
report and pay the tax in and for the calendar year immediately 43,117
succeeding the date of its organization, and each foreign 43,118
corporation shall similarly report and pay in and for the 43,119
calendar year immediately succeeding its admission. Failure on 43,120
the part of any foreign corporation for profit and any foreign 43,121
corporation not for profit referred to in section 5733.01 of the 43,122
Revised Code to proceed according to law to obtain from the 43,123
secretary of state proper authority to do business or to own or 43,124
use property in this state shall not excuse such corporation from 43,125
liability to make proper excise or franchise tax report or return 43,126
or pay a proper excise or franchise tax or penalty, if such 43,127
liability would have attached had such proper authority been 43,128
obtained.
Sec. 5733.33. (A) As used in this section: 43,137
(1) "Manufacturing machinery and equipment" means engines 43,139
and machinery, and tools and implements, of every kind used, or 43,140
designed to be used, in refining and manufacturing. 43,141
(2) "New manufacturing machinery and equipment" means 43,143
manufacturing machinery and equipment, the original use in this 43,144
state of which commences with the taxpayer or with a partnership 43,145
of which the taxpayer is a partner. 43,146
(3)(a) "Purchase" has the same meaning as in section 43,148
179(d)(2) of the Internal Revenue Code. 43,149
(b) Any purchase, for FOR purposes of this section, ANY 43,151
PROPERTY THAT IS NOT MANUFACTURED OR ASSEMBLED PRIMARILY BY THE 43,152
TAXPAYER is considered to occur PURCHASED at the time the 43,154
agreement to acquire the property to be purchased becomes 43,156
binding. ANY PROPERTY THAT IS MANUFACTURED OR ASSEMBLED 43,157
PRIMARILY BY THE TAXPAYER IS CONSIDERED PURCHASED AT THE TIME THE 43,158
TAXPAYER PLACES THE PROPERTY IN SERVICE IN THE COUNTY FOR WHICH
983
THE TAXPAYER WILL CALCULATE THE COUNTY EXCESS AMOUNT. 43,159
(c) Notwithstanding section 179(d) of the Internal Revenue 43,161
Code, a taxpayer's direct or indirect acquisition of new 43,162
manufacturing machinery and equipment is not purchased on or 43,163
after July 1, 1995, if the taxpayer, or a person whose 43,164
relationship to the taxpayer is described in subparagraphs (A), 43,165
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 43,166
had directly or indirectly entered into a binding agreement to 43,167
acquire the property at any time prior to July 1, 1995. 43,168
(4) "Qualifying period" means the period that begins July 43,170
1, 1995, and ends December 31, 2000 2005. 43,171
(5) "County average new manufacturing machinery and 43,173
equipment investment" means either of the following: 43,174
(a) The average annual cost of new manufacturing machinery 43,177
and equipment purchased for use in the county during baseline 43,178
years, in the case of a taxpayer or partnership that was in 43,179
existence for more than one year during baseline years. 43,180
(b) Zero, in the case of a taxpayer or partnership that 43,182
was not in existence for more than one year during baseline 43,183
years. 43,184
(6) "Partnership" includes a limited liability company 43,187
formed under Chapter 1705. of the Revised Code or under the laws 43,189
of any other state, provided that the company is not classified 43,190
for federal income tax purposes as an association taxable as a 43,191
corporation. 43,192
(7) "Partner" includes a member of a limited liability 43,194
company formed under Chapter 1705. of the Revised Code or under 43,196
the laws of any other state, provided that the company is not 43,197
classified for federal income tax purposes as an association 43,198
taxable as a corporation. 43,199
(8) "Distressed area" means either a municipal corporation 43,201
that has a population of at least fifty thousand or a county that 43,203
meets two of the following criteria of economic distress, or a 43,204
municipal corporation the majority of the population of which is 43,205
984
situated in such a county:
(a) Its average rate of unemployment, during the most 43,208
recent five-year period for which data are available, is equal to 43,209
at least one hundred twenty-five per cent of the average rate of 43,210
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 43,213
per cent of the median county per capita income of the United 43,214
States as determined by the most recently available figures from 43,215
the United States census bureau; 43,216
(c)(i) In the case of a municipal corporation, at least 43,219
twenty per cent of the residents have a total income for the most 43,220
recent census year that is below the official poverty line; 43,221
(ii) In the case of a county, in intercensal years, the 43,224
county has a ratio of transfer payment income to total county 43,225
income equal to or greater than twenty-five per cent. 43,226
(9) "Eligible area" means a distressed area, a labor 43,228
surplus area, an inner city area, or a situational distress area. 43,230
(10) "Inner city area" means, in a municipal corporation 43,232
that has a population of at least one hundred thousand and does 43,233
not meet the criteria of a labor surplus area or a distressed 43,234
area, targeted investment areas established by the municipal 43,235
corporation within its boundaries that are comprised of the most 43,236
recent census block tracts that individually have at least twenty 43,237
per cent of their population at or below the state poverty level 43,238
or other census block tracts contiguous to such census block 43,239
tracts.
(11) "Labor surplus area" means an area designated as a 43,241
labor surplus area by the United States department of labor. 43,243
(12) "Official poverty line" has the same meaning as in 43,245
division (A) of section 3923.51 of the Revised Code. 43,246
(13) "Situational distress area" means a county or a 43,248
municipal corporation that has experienced or is experiencing a 43,249
closing or downsizing of a major employer, that will adversely 43,250
affect the county's or municipal corporation's economy. In order 43,252
985
to be designated as a situational distress area for a period not 43,253
to exceed thirty-six months, the county or municipal corporation 43,254
may petition the director of development. The petition shall 43,255
include written documentation that demonstrates all of the 43,256
following adverse effects on the local economy: 43,257
(a) The number of jobs lost by the closing or downsizing; 43,259
(b) The impact that the job loss has on the county's or 43,262
municipal corporation's unemployment rate as measured by the Ohio 43,263
bureau of employment services; 43,264
(c) The annual payroll associated with the job loss; 43,266
(d) The amount of state and local taxes associated with 43,268
the job loss;
(e) The impact that the closing or downsizing has on the 43,270
suppliers located in the county or municipal corporation. 43,271
(14) "Cost" has the same meaning and limitation as in 43,273
section 179(d)(3) of the Internal Revenue Code. 43,274
(15) "Baseline years" means: 43,276
(a) Calendar years 1992, 1993, and 1994, with regard to a 43,278
credit claimed for the purchase during calendar year 1995, 1996, 43,279
1997, or 1998 of new manufacturing machinery and equipment; 43,280
(b) Calendar years 1993, 1994, and 1995, with regard to a 43,282
credit claimed for the purchase during calendar year 1999 of new 43,283
manufacturing machinery and equipment; 43,284
(c) Calendar years 1994, 1995, and 1996, with regard to a 43,286
credit claimed for the purchase during calendar year 2000 of new 43,287
manufacturing machinery and equipment; 43,288
(d) CALENDAR YEARS 1995, 1996, AND 1997, WITH REGARD TO A 43,290
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2001 OF NEW 43,291
MANUFACTURING MACHINERY AND EQUIPMENT; 43,292
(e) CALENDAR YEARS 1996, 1997, AND 1998, WITH REGARD TO A 43,294
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2002 OF NEW 43,295
MANUFACTURING MACHINERY AND EQUIPMENT; 43,296
(f) CALENDAR YEARS 1997, 1998, AND 1999, WITH REGARD TO A 43,298
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2003 OF NEW 43,299
986
MANUFACTURING MACHINERY AND EQUIPMENT; 43,300
(g) CALENDAR YEARS 1998, 1999, AND 2000, WITH REGARD TO A 43,302
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2004 OF NEW 43,303
MANUFACTURING MACHINERY AND EQUIPMENT; 43,304
(h) CALENDAR YEARS 1999, 2000, AND 2001, WITH REGARD TO A 43,306
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2005 OF NEW 43,307
MANUFACTURING MACHINERY AND EQUIPMENT; 43,308
(16) "RELATED MEMBER" HAS THE SAME MEANING AS IN SECTION 43,310
5733.042 OF THE REVISED CODE.
(B)(1) A SUBJECT TO DIVISION (I) OF THIS SECTION, A 43,312
nonrefundable credit is allowed against the tax imposed by 43,314
section 5733.06 of the Revised Code for a taxpayer that purchases 43,315
new manufacturing machinery and equipment during the qualifying 43,316
period, provided that the new manufacturing machinery and 43,317
equipment are installed in this state no later than December 31, 43,319
2001 2006.
(2) The credit is also available to a taxpayer that is a 43,321
partner in a partnership that purchases new manufacturing 43,322
machinery and equipment during the qualifying period, provided 43,323
that the partnership installs the new manufacturing machinery and 43,324
equipment in this state no later than December 31, 2001 2006. 43,325
The taxpayer shall determine the credit amount as provided in 43,327
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 43,329
of this section, a credit may be claimed under this section in 43,330
excess of one million dollars only if the cost of all 43,331
manufacturing machinery and equipment owned in this state by the 43,332
taxpayer claiming the credit on the last day of the calendar year 43,333
exceeds the cost of all manufacturing machinery and equipment 43,334
owned in this state by the taxpayer on the first day of that 43,335
calendar year.
As used in division (B)(3)(a) of this section, "calendar 43,338
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 43,339
987
(b) Division (B)(3)(a) of this section does not apply if 43,342
the taxpayer claiming the credit applies for and is issued a 43,343
waiver of the requirement of that division. A taxpayer may apply 43,344
to the director of the department of development for such a 43,345
waiver in the manner prescribed by the director, and the director 43,346
may issue such a waiver if the director determines that granting 43,347
the credit is necessary to increase or retain employees in this 43,349
state, and that the credit has not caused relocation of 43,350
manufacturing machinery and equipment among counties within this 43,351
state for the primary purpose of qualifying for the credit. 43,352
(C)(1) Except as otherwise provided in division (C)(2) AND 43,355
DIVISION (I) of this section, the credit amount is equal to seven 43,356
and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 43,358
calendar year for use in a county over the county average new 43,359
manufacturing machinery and equipment investment for that county. 43,360
(2) As SUBJECT TO DIVISION (I) OF THIS SECTION, AS used in 43,363
division (C)(2) of this section, "county excess" means the 43,364
taxpayer's excess cost for a county as computed under division 43,365
(C)(1) of this section.
For SUBJECT TO DIVISION (I) OF THIS SECTION, a taxpayer 43,368
with a county excess, whose purchases included purchases for use 43,369
in any eligible area in the county, the credit amount is equal to 43,370
thirteen and one-half per cent of the cost of the new 43,371
manufacturing machinery and equipment purchased during the 43,372
calendar year for use in the eligible areas in the county, 43,373
provided that the cost subject to the thirteen and one-half per 43,374
cent rate shall not exceed the county excess. If the county 43,375
excess is greater than the cost of the new manufacturing 43,376
machinery and equipment purchased during the calendar year for 43,378
use in eligible areas in the county, the credit amount also shall 43,379
include an amount equal to seven and one-half per cent of the 43,380
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 43,382
988
manufacturing machinery and equipment in more than one county or 43,383
eligible area, it shall aggregate the amount of those credits 43,384
each year.
(4) The taxpayer shall claim one-seventh of the credit 43,386
amount for the tax year immediately following the calendar year 43,387
in which the new manufacturing machinery and equipment is 43,388
purchased for use in the county by the taxpayer or partnership. 43,390
One-seventh of the taxpayer credit amount is allowed for each of 43,391
the six ensuing tax years. Except for carried-forward amounts, 43,392
the taxpayer is not allowed any credit amount remaining if the 43,393
new manufacturing machinery and equipment is sold by the taxpayer 43,395
or partnership or is transferred by the taxpayer or partnership 43,396
out of the county before the end of the seven-year period UNLESS, 43,397
AT THE TIME OF THE SALE OR TRANSFER, THE NEW MANUFACTURING
MACHINERY AND EQUIPMENT HAS BEEN FULLY DEPRECIATED FOR FEDERAL 43,398
INCOME TAX PURPOSES. 43,399
(5)(a) A taxpayer that acquires manufacturing machinery 43,401
and equipment as a result of a merger with the taxpayer with whom 43,403
commenced the original use in this state of the manufacturing 43,404
machinery and equipment, or with a taxpayer that was a partner in 43,405
a partnership with whom commenced the original use in this state 43,406
of the manufacturing machinery and equipment, is entitled to any 43,407
remaining or carried-forward credit amounts to which the taxpayer 43,408
was entitled.
(b) A taxpayer that enters into an agreement under 43,410
division (C)(3) of section 5709.62 of the Revised Code and that 43,411
acquires manufacturing machinery or equipment as a result of 43,413
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 43,414
commenced the original use in this state of the manufacturing 43,416
machinery or equipment, and that operates the large manufacturing 43,417
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 43,418
sold the facility would have been entitled under this section had 43,420
989
the other taxpayer not sold the manufacturing facility or 43,421
equipment.
(c) New manufacturing machinery and equipment is not 43,424
considered sold if a pass-through entity transfers to another 43,425
pass-through entity substantially all of its assets as part of a 43,426
plan of reorganization under which substantially all gain and 43,427
loss is not recognized by the pass-through entity that is 43,428
transferring the new manufacturing machinery and equipment to the 43,429
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 43,430
in part, by reference to the basis of the pass-through entity 43,431
which transferred the new manufacturing machinery and equipment 43,432
to the transferee. 43,433
(d) Division (C)(5) of this section shall apply only if 43,435
the acquiring taxpayer or transferee does not sell the new 43,437
manufacturing machinery and equipment or transfer the new 43,438
manufacturing machinery and equipment out of the county before 43,439
the end of the seven-year period to which division (C)(4) of this 43,440
section refers.
(e) Division (C)(5)(b) of this section applies only to the 43,443
extent that the taxpayer that sold the manufacturing machinery or 43,444
equipment, upon request, timely provides to the tax commissioner 43,445
any information that the tax commissioner considers to be 43,446
necessary to ascertain any remaining or carried-forward amounts 43,447
to which the taxpayer that sold the facility would have been 43,448
entitled under this section had the taxpayer not sold the 43,449
manufacturing machinery or equipment. Nothing in division 43,450
(C)(5)(b) or (e) of this section shall be construed to allow a 43,452
taxpayer to claim any credit amount with respect to the acquired 43,453
manufacturing machinery or equipment that is greater than the 43,454
amount that would have been available to the other taxpayer that 43,455
sold the manufacturing machinery or equipment had the other 43,456
taxpayer not sold the manufacturing machinery or equipment. 43,457
(D) The taxpayer shall claim the credit in the order 43,460
990
required under section 5733.98 of the Revised Code. Each year, 43,461
any credit amount in excess of the tax due under section 5733.06 43,462
of the Revised Code after allowing for any other credits that 43,464
precede the credit under this section in that order may be 43,465
carried forward for three tax years. 43,466
(E) A taxpayer purchasing new manufacturing machinery and 43,469
equipment and intending to claim the credit shall file, with the 43,470
department of development, a notice of intent to claim the credit 43,471
on a form prescribed by the department of development. The 43,472
department of development shall inform the tax commissioner of 43,473
the notice of intent to claim the credit. 43,474
(F) The director of development shall annually certify, by 43,477
the first day of January of each year during the qualifying 43,478
period, the eligible areas for the tax credit for the calendar 43,479
year that includes that first day of January. The director shall 43,480
send a copy of the certification to the tax commissioner. 43,481
(G) New manufacturing machinery and equipment for which a 43,483
taxpayer claims the credit under section 5733.31, 5733.311, 43,485
5747.26, or 5747.261 of the Revised Code shall not be considered 43,487
new manufacturing machinery and equipment for purposes of the 43,488
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 43,490
partnership, the county average new manufacturing machinery and 43,491
equipment investment shall be determined based on the number of 43,492
years, if any, the partnership was in existence during baseline 43,493
years. In determining the county average new manufacturing 43,494
machinery and equipment investment, the excess of the cost of new 43,495
manufacturing machinery and equipment purchased during the 43,496
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 43,497
taxpayer's distributive PROPORTIONATE share of the cost of new 43,498
manufacturing machinery and equipment purchased by a partnership 43,500
in which the corporation had a direct or indirect investment 43,501
during the calendar year prior to the first day of a tax year for 43,502
991
which the taxpayer is claiming the credit. These determinations 43,503
and calculations shall be made for the taxpayer's calendar year 43,504
during which the partnership made the purchase. 43,505
(2) Nothing in this section shall be construed to limit or 43,507
disallow pass-through treatment of a pass-through entity's 43,508
income, deductions, credits, or other amounts necessary to 43,509
compute the tax imposed by section 5733.06 of the Revised Code 43,510
and the credits allowed by this chapter. 43,511
(I) IN THE CASE OF A TAXPAYER HAVING A RELATED MEMBER OR A 43,513
GROUP OF TAXPAYERS HAVING A RELATED MEMBER, THE CREDIT AVAILABLE 43,514
UNDER THIS SECTION TO THE TAXPAYER OR GROUP OF TAXPAYERS SHALL BE 43,515
COMPUTED AS IF THE TAXPAYER OR ALL TAXPAYERS OF THE GROUP AND ALL 43,516
SUCH RELATED MEMBERS WERE A CONSOLIDATED, SINGLE TAXPAYER. THE 43,517
CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYER OR TO SUCH GROUP OF 43,518
TAXPAYERS IN ANY AMOUNT ELECTED FOR THE TAXABLE YEAR BY THE
TAXPAYER OR GROUP. SUCH ELECTION SHALL BE REVOCABLE AND 43,519
AMENDABLE DURING THE PERIOD DESCRIBED IN DIVISION (B) OF SECTION 43,520
5733.12 OF THE REVISED CODE WITH RESPECT TO THE TAX IMPOSED BY 43,521
SECTION 5733.06 OF THE REVISED CODE AND THE PERIOD DESCRIBED IN
DIVISION (B) OF SECTION 5747.11 OF THE REVISED CODE WITH RESPECT 43,522
TO THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 43,523
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO TREAT AS A PURCHASE 43,524
THE ACQUISITION OF NEW MANUFACTURING MACHINERY AND EQUIPMENT IF
SUCH PURCHASE WOULD NOT QUALIFY AS A PURCHASE OF NEW 43,526
MANUFACTURING MACHINERY AND EQUIPMENT WITHOUT REGARD TO THE
CONSOLIDATION REQUIREMENT SET FORTH IN THIS SECTION. 43,527
Sec. 5733.351. (A) AS USED IN THIS SECTION, "QUALIFIED 43,529
RESEARCH EXPENSES" HAS THE SAME MEANING AS IN SECTION 41 OF THE 43,530
INTERNAL REVENUE CODE. 43,531
(B) A NONREFUNDABLE CREDIT IS ALLOWED AGAINST THE TAX 43,533
IMPOSED BY SECTION 5733.06 OF THE REVISED CODE FOR EACH TAXABLE 43,534
YEAR. THE CREDIT SHALL EQUAL SEVEN PER CENT OF THE EXCESS OF 43,535
QUALIFIED RESEARCH EXPENSES INCURRED IN THIS STATE BY THE 43,537
TAXPAYER FOR THE TAXABLE YEAR OVER THE TAXPAYER'S AVERAGE ANNUAL 43,538
992
QUALIFIED RESEARCH EXPENSES INCURRED IN THIS STATE FOR THE THREE 43,539
PRECEDING TAXABLE YEARS. THE TAXPAYER SHALL CLAIM THE CREDIT IN 43,540
THE ORDER REQUIRED UNDER SECTION 5733.98 OF THE REVISED CODE. 43,541
ANY CREDIT AMOUNT IN EXCESS OF THE TAX DUE UNDER SECTION 5733.06 43,542
OF THE REVISED CODE, AFTER ALLOWING FOR ANY OTHER CREDITS THAT 43,543
PRECEDE THE CREDIT UNDER THIS SECTION IN THE ORDER REQUIRED UNDER 43,544
SECTION 5733.98 OF THE REVISED CODE, MAY BE CARRIED FORWARD FOR 43,545
SEVEN TAXABLE YEARS, BUT THE AMOUNT OF THE EXCESS CREDIT ALLOWED 43,546
IN ANY SUCH YEAR SHALL BE DEDUCTED FROM THE BALANCE CARRIED
FORWARD TO THE NEXT YEAR. 43,547
Sec. 5733.39. (A) AS USED IN THIS SECTION: 43,549
(1) "RAILROAD COMPANY" MEANS A RAILROAD AS DEFINED IN 43,551
SECTION 4907.02 OF THE REVISED CODE THAT IS SUBJECT TO THE TAX 43,552
IMPOSED BY SECTION 5733.06 OF THE REVISED CODE. 43,553
(2) "ACTIVE GRADE CROSSING WARNING DEVICE" MEANS SIGNS, 43,555
SIGNALS, GATES, OR OTHER PROTECTIVE DEVICES ERECTED OR INSTALLED 43,556
AT A PUBLIC HIGHWAY-RAILWAY CROSSING AT COMMON GRADE AND 43,557
ACTIVATED BY AN ELECTRICAL CIRCUIT. 43,558
(3) "ANNUAL MAINTENANCE EXPENDITURES" MEANS EXPENDITURES 43,560
MADE BY A RAILROAD COMPANY TO MAINTAIN ACTIVE GRADE CROSSING 43,561
WARNING DEVICES.
(B) THERE IS HEREBY GRANTED TO RAILROAD COMPANIES A CREDIT 43,563
AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED CODE 43,564
FOR THE MAINTENANCE OF ACTIVE GRADE CROSSING WARNING DEVICES. 43,565
THE CREDIT SHALL EQUAL TEN PER CENT OF THE SUM OF THE ANNUAL 43,567
MAINTENANCE EXPENDITURES FOR EACH ACTIVE GRADE CROSSING WARNING 43,568
DEVICE FOR WHICH SUCH EXPENDITURES WERE MADE DURING THE TAXABLE 43,570
YEAR, NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH DEVICE FOR WHICH 43,571
SUCH EXPENDITURES WERE MADE DURING THE TAXABLE YEAR. THE CREDIT 43,572
SHALL BE CLAIMED IN THE ORDER PRESCRIBED BY SECTION 5733.98 OF 43,574
THE REVISED CODE. THE CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX 43,575
OTHERWISE DUE UNDER SECTION 5733.06 OF THE REVISED CODE AFTER
DEDUCTING ANY OTHER CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER 43,576
THIS SECTION IN THAT ORDER. 43,577
993
(C) A RAILROAD COMPANY CLAIMING THE CREDIT UNDER THIS 43,579
SECTION SHALL COMPILE RECORDS OF THE ANNUAL MAINTENANCE 43,580
EXPENDITURES FOR WHICH THE CREDIT WAS CLAIMED AND SHALL KEEP 43,581
THOSE RECORDS FOR A PERIOD OF FOUR YEARS FOLLOWING THE END OF THE 43,582
TAX YEAR FOR WHICH THE CREDIT IS CLAIMED. THE RECORDS SHALL BE 43,583
OPEN TO INSPECTION TO THE TAX COMMISSIONER UPON THE TAX 43,584
COMMISSIONER'S REQUEST.
Sec. 5733.42. (A) AS USED IN THIS SECTION: 43,586
(1) "ELIGIBLE TRAINING PROGRAM" MEANS A PROGRAM TO PROVIDE 43,588
JOB SKILLS TO ELIGIBLE EMPLOYEES WHO ARE UNABLE EFFECTIVELY TO 43,589
FUNCTION ON THE JOB DUE TO SKILL DEFICIENCIES OR WHO WOULD 43,590
OTHERWISE BE DISPLACED BECAUSE OF THEIR SKILL DEFICIENCIES OR 43,591
INABILITY TO USE NEW TECHNOLOGY. ELIGIBLE TRAINING PROGRAMS DO 43,592
NOT INCLUDE EXECUTIVE, MANAGEMENT, CAREER DEVELOPMENT, OR 43,593
PERSONAL ENRICHMENT TRAINING PROGRAMS. 43,594
(2) "ELIGIBLE EMPLOYEE" MEANS AN OHIO RESIDENT WHO IS 43,596
EMPLOYED AND HAS BEEN EMPLOYED WITH THE SAME EMPLOYER FOR AT 43,597
LEAST ONE HUNDRED EIGHTY CONSECUTIVE DAYS AND ON THE SAME JOB FOR 43,598
AT LEAST NINETY CONSECUTIVE DAYS WORKING AT LEAST TWENTY-FOUR 43,599
HOURS PER WEEK. ELIGIBLE EMPLOYEES DO NOT INCLUDE EXECUTIVE OR 43,600
MANAGERIAL PERSONNEL EXCEPT FOR THE IMMEDIATE SUPERVISORS OF 43,601
NONEXECUTIVE, NONMANAGERIAL PERSONNEL. 43,602
(3) "ELIGIBLE TRAINING COSTS" MEANS: 43,604
(a) DIRECT INSTRUCTIONAL COSTS, SUCH AS INSTRUCTOR 43,606
SALARIES, MATERIALS AND SUPPLIES, TEXTBOOKS AND MANUALS, 43,608
VIDEOTAPES, AND OTHER INSTRUCTIONAL MEDIA AND TRAINING EQUIPMENT 43,609
USED EXCLUSIVELY FOR THE PURPOSE OF TRAINING EMPLOYEES; 43,610
(b) EMPLOYEE WAGES PAID FOR TIME DEVOTED EXCLUSIVELY TO 43,612
TRAINING DURING NORMAL PAID WORKING HOURS. 43,614
(B) THE TAX COMMISSIONER SHALL MAKE GRANTS UNDER THIS 43,616
SECTION TO FOSTER JOB TRAINING IN THIS STATE. ANY SUCH GRANT 43,617
SHALL TAKE THE FORM OF A NONREFUNDABLE CREDIT ALLOWED AGAINST THE
TAX IMPOSED BY SECTION 5733.06 OF THE REVISED CODE. THE CREDIT 43,618
SHALL BE CLAIMED FOR THE TAXABLE YEAR SPECIFIED IN THE TAXPAYER'S 43,619
994
APPLICATION TO THE TAX COMMISSIONER UNDER DIVISION (C) OF THIS 43,620
SECTION. THE AMOUNT OF THE CREDIT SHALL EQUAL ONE-HALF OF THE 43,621
EXCESS OF ELIGIBLE TRAINING COSTS OVER THE TAXPAYER'S AVERAGE 43,622
ANNUAL ELIGIBLE TRAINING COSTS FOR THE THREE PRECEDING TAXABLE 43,623
YEARS. THE CREDIT SHALL NOT EXCEED FIVE HUNDRED DOLLARS TIMES 43,624
THE NUMBER OF EMPLOYEES TRAINED AND SHALL NOT EXCEED THE LESSER 43,625
OF ONE HUNDRED THOUSAND DOLLARS OR ONE-HALF OF THE TAXPAYER'S TAX 43,626
LIABILITY UNDER SECTION 5733.06 OF THE REVISED CODE. 43,627
(C) A TAXPAYER WHO PROPOSES TO CONDUCT AN ELIGIBLE 43,629
TRAINING PROGRAM MAY APPLY TO THE TAX COMMISSIONER FOR A TAX 43,630
CREDIT UNDER THIS SECTION. THE TAX COMMISSIONER SHALL PRESCRIBE 43,631
THE FORM OF THE APPLICATION, WHICH SHALL REQUIRE A DETAILED 43,632
DESCRIPTION OF THE PROPOSED TRAINING PROGRAM. AFTER RECEIPT OF 43,633
AN APPLICATION, THE TAX COMMISSIONER SHALL AUTHORIZE A CREDIT 43,634
UNDER THIS SECTION IF THE TAX COMMISSIONER DETERMINES ALL OF THE 43,635
FOLLOWING:
(1) THE TAXPAYER'S PRIMARY BUSINESS ACTIVITY FALLS WITHIN 43,637
ONE OF THE FOLLOWING CLASSIFICATIONS IN THE STANDARD INDUSTRIAL 43,639
CLASSIFICATION MANUAL (1987) PUBLISHED BY THE UNITED STATES 43,641
OFFICE OF MANAGEMENT AND BUDGET IN THE EXECUTIVE OFFICE OF THE 43,643
PRESIDENT:
(a) DIVISION D MANUFACTURING 43,646
(b) DIVISION H FINANCE, INSURANCE, AND REAL 43,648
ESTATE
(c) MAJOR GROUP 73 BUSINESS SERVICES 43,650
(d) MAJOR GROUP 81 LEGAL SERVICES 43,652
(e) MAJOR GROUP 87 ENGINEERING, ACCOUNTING, 43,654
RESEARCH, MANAGEMENT, AND 43,655
RELATED SERVICES
(2) THE PROPOSED TRAINING PROGRAM IS AN ELIGIBLE TRAINING 43,658
PROGRAM UNDER THIS SECTION; 43,659
(3) THE PROPOSED TRAINING PROGRAM IS ECONOMICALLY SOUND 43,661
AND WILL BENEFIT THE PEOPLE OF THIS STATE BY IMPROVING WORKFORCE 43,662
SKILLS AND STRENGTHENING THE ECONOMY OF THIS STATE; 43,663
995
(4) RECEIVING THE TAX CREDIT IS A MAJOR FACTOR IN THE 43,665
TAXPAYER'S DECISION TO GO FORWARD WITH THE TRAINING PROGRAM; 43,666
(5) AUTHORIZATION OF THE CREDIT IS CONSISTENT WITH 43,668
DIVISION (H) OF THIS SECTION. 43,669
(D) IF THE TAX COMMISSIONER DETERMINES THAT AN AUTHORIZED 43,671
TRAINING PROGRAM, AS ACTUALLY CONDUCTED, FAILS TO MEET THE 43,672
REQUIREMENTS OF THIS SECTION OR TO COMPLY WITH ANY CONDITION SET 43,673
FORTH IN THE AUTHORIZATION, THE TAX COMMISSIONER MAY REDUCE THE 43,674
AMOUNT OF THE TAX CREDIT. 43,675
(E) FINANCIAL STATEMENTS AND OTHER INFORMATION SUBMITTED 43,677
TO THE TAX COMMISSIONER BY AN APPLICANT FOR A TAX CREDIT UNDER 43,678
THIS SECTION, AND ANY INFORMATION TAKEN FOR ANY PURPOSE FROM SUCH 43,679
STATEMENTS OR INFORMATION, ARE NOT PUBLIC RECORDS SUBJECT TO 43,680
SECTION 149.43 OF THE REVISED CODE. HOWEVER, THE TAX 43,681
COMMISSIONER MAY MAKE USE OF THE STATEMENTS AND OTHER INFORMATION 43,683
FOR PURPOSES OF ISSUING PUBLIC REPORTS OR IN CONNECTION WITH 43,684
COURT PROCEEDINGS CONCERNING TAX CREDITS UNDER THIS SECTION. 43,685
(F) THE TAX COMMISSIONER, IN ACCORDANCE WITH CHAPTER 119. 43,689
OF THE REVISED CODE, SHALL ADOPT RULES NECESSARY TO IMPLEMENT 43,690
THIS SECTION. AT THE TIME THE TAX COMMISSIONER GIVES PUBLIC 43,691
NOTICE UNDER DIVISION (A) OF SECTION 119.03 OF THE REVISED CODE 43,693
OF THE ADOPTION OF THE RULES, THE TAX COMMISSIONER SHALL SUBMIT 43,694
COPIES OF THE PROPOSED RULES TO THE CHAIRPERSONS AND RANKING 43,695
MINORITY MEMBERS OF THE STANDING COMMITTEES IN THE SENATE AND THE 43,697
HOUSE OF REPRESENTATIVES TO WHICH LEGISLATION ON ECONOMIC
DEVELOPMENT MATTERS ARE CUSTOMARILY REFERRED. 43,698
(G) ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH EACH YEAR, 43,701
THE TAX COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE 43,702
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF 43,703
REPRESENTATIVES ON THE TAX CREDIT PROGRAM UNDER THIS SECTION. 43,704
THE REPORT SHALL INCLUDE INFORMATION ON THE NUMBER OF TRAINING 43,705
PROGRAMS THAT WERE AUTHORIZED UNDER THIS SECTION DURING THE 43,706
PRECEDING CALENDAR YEAR, A DESCRIPTION OF EACH AUTHORIZED 43,707
TRAINING PROGRAM, THE DOLLAR AMOUNTS OF THE CREDITS GRANTED, AND 43,708
996
AN ESTIMATE OF THE IMPACT OF THE CREDITS ON THE ECONOMY OF THIS 43,709
STATE.
(H) THE AGGREGATE AMOUNT OF CREDITS AUTHORIZED UNDER THE 43,711
SECTION SHALL NOT EXCEED TWENTY MILLION DOLLARS PER CALENDAR 43,712
YEAR. NO MORE THAN TEN MILLION DOLLARS IN CREDITS PER CALENDAR 43,713
YEAR SHALL BE AUTHORIZED FOR CORPORATIONS ENGAGED PRIMARILY IN 43,714
MANUFACTURING. NO LESS THAN FIVE MILLION DOLLARS IN CREDITS PER 43,715
CALENDAR YEAR SHALL BE SET ASIDE FOR CORPORATIONS ENGAGED 43,716
PRIMARILY IN ACTIVITIES OTHER THAN MANUFACTURING AND HAVING FEWER 43,717
THAN FIVE HUNDRED EMPLOYEES. SUBJECT TO SUCH LIMITS, CREDITS 43,718
SHALL BE AUTHORIZED FOR APPLICANTS MEETING THE REQUIREMENTS OF 43,719
THIS SECTION IN THE ORDER IN WHICH THEY SUBMIT COMPLETE AND 43,720
ACCURATE APPLICATIONS. 43,721
(I) A NONREFUNDABLE CREDIT GRANTED BY THE TAX COMMISSIONER 43,723
UNDER THIS SECTION SHALL BE CLAIMED IN THE ORDER REQUIRED UNDER 43,724
SECTION 5733.98 OF THE REVISED CODE. FOR PURPOSES OF MAKING TAX 43,725
PAYMENTS UNDER THIS CHAPTER, TAXES EQUAL TO THE AMOUNT OF THE 43,726
CREDIT SHALL BE CONSIDERED TO BE PAID TO THIS STATE ON THE FIRST 43,727
DAY OF THE TAX YEAR. 43,728
(J) THE TAXPAYER MAY CARRY FORWARD ANY CREDIT AMOUNT IN 43,730
EXCESS OF ITS TAX DUE AFTER ALLOWING FOR ANY OTHER CREDITS THAT 43,731
PRECEDE THE CREDIT UNDER THIS SECTION IN THE ORDER REQUIRED UNDER 43,732
SECTION 5733.98 OF THE REVISED CODE. THE EXCESS CREDIT MAY BE 43,734
CARRIED FORWARD FOR ONE YEAR FOLLOWING THE TAX YEAR FOR WHICH IT 43,735
IS CLAIMED UNDER THIS SECTION. 43,736
(K) THE TAX COMMISSIONER SHALL NOT GRANT ANY CREDITS UNDER 43,738
THIS SECTION AFTER DECEMBER 31, 2005. 43,739
Sec. 5733.98. (A) To provide a uniform procedure for 43,748
calculating the amount of tax imposed by section 5733.06 of the 43,749
Revised Code that is due under this chapter, a taxpayer shall 43,751
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised 43,752
Code:
(1) The credit for taxes paid by a qualifying pass-through 43,754
997
entity allowed under section 5733.0611 of the Revised Code; 43,755
(2) The credit for qualifying affiliated groups under 43,757
section 5733.068 of the Revised Code; 43,758
(3) The subsidiary corporation credit under section 43,760
5733.067 of the Revised Code; 43,761
(4) The savings and loan assessment credit under section 43,763
5733.063 of the Revised Code; 43,764
(5) The credit for recycling and litter prevention 43,766
donations under section 5733.064 of the Revised Code; 43,768
(6) The credit for employers that enter into agreements 43,771
with child day-care centers under section 5733.36 of the Revised 43,772
Code;
(7) The credit for employers that reimburse employee child 43,774
day-care expenses under section 5733.38 of the Revised Code; 43,776
(8) THE CREDIT FOR MAINTAINING RAILROAD ACTIVE GRADE 43,778
CROSSING WARNING DEVICES UNDER SECTION 5733.39 OF THE REVISED 43,779
CODE;
(9) The credit for manufacturing investments under section 43,781
5733.061 of the Revised Code; 43,782
(9)(10) The credit for purchases of new manufacturing 43,784
machinery and equipment under section 5733.31 or section 5733.311 43,785
of the Revised Code; 43,786
(10)(11) The second credit for purchases of new 43,788
manufacturing machinery and equipment under section 5733.33 of 43,790
the Revised Code;
(11)(12) THE JOB TRAINING CREDIT UNDER SECTION 5733.42 OF 43,792
THE REVISED CODE; 43,794
(12)(13) THE CREDIT FOR QUALIFIED RESEARCH EXPENSES UNDER 43,796
SECTION 5733.351 OF THE REVISED CODE; 43,798
(14) The enterprise zone credit under section 5709.66 of 43,800
the Revised Code; 43,801
(12)(15) The credit for the eligible costs associated with 43,803
a voluntary action under section 5733.34 of the Revised Code; 43,805
(13)(16) The credit for employers that establish on-site 43,807
998
child day-care under section 5733.37 of the Revised Code; 43,809
(14)(17) The credit for purchases of qualifying grape 43,811
production property under section 5733.32 of the Revised Code; 43,812
(15)(18) The export sales credit under section 5733.069 of 43,814
the Revised Code; 43,815
(16)(19) The credit for research and development and 43,817
technology transfer investors under section 5733.35 of the 43,818
Revised Code;
(17)(20) The enterprise zone credits under section 5709.65 43,820
of the Revised Code; 43,821
(18)(21) The refundable jobs creation credit under section 43,823
5733.0610 of the Revised Code. 43,824
(B) For any credit except the refundable jobs creation 43,826
credit, the amount of the credit for a tax year shall not exceed 43,827
the tax due after allowing for any other credit that precedes it 43,828
in the order required under this section. Any excess amount of a 43,829
particular credit may be carried forward if authorized under the 43,830
section creating that credit. 43,831
Sec. 5739.31. (A)(1) No person shall engage in the 43,840
business of selling at retail or sell at retail incidental to any 43,841
other regularly conducted business without having a license 43,842
therefor, as required by sections 5739.01 to 5739.31 of the 43,843
Revised Code. 43,844
(2) No person shall engage in the business of selling at 43,846
retail as a transient vendor, as defined in division (B) of 43,847
section 5739.17 of the Revised Code, without first having 43,848
obtained a license as required by that section. 43,849
(3) No person shall engage in the business of selling at 43,851
retail as a limited vendor as defined in division (B) of section 43,852
5739.17 of the Revised Code, without first having a license as 43,853
required by that section. 43,854
(B) No person shall continue to engage in the business of 43,856
selling at retail or sell at retail incidental to any other 43,857
regularly conducted business after the license issued to that 43,858
999
person pursuant to section 5739.17 of the Revised Code has been 43,859
revoked under section 5739.19 of the Revised Code or while the 43,860
license is suspended by the tax commissioner under division 43,861
(B)(2) of section 5739.30 of the Revised Code, nor shall any 43,862
person obtain a new license from the county auditor OR THE TAX 43,863
COMMISSIONER while such revocation or suspension is in effect. 43,865
If a corporation's license has been revoked or suspended, none of 43,866
its officers, or employees having control or supervision of or 43,867
charged with the responsibility of filing returns and making 43,868
payments of tax due, shall obtain a license from the county 43,869
auditor OR THE TAX COMMISSIONER during the period of such 43,871
revocation or suspension.
Sec. 5741.02. (A) For the use of the general revenue fund 43,880
of the state, an excise tax is hereby levied on the storage, use, 43,881
or other consumption in this state of tangible personal property 43,882
or the benefit realized in this state of any service provided. 43,883
The tax shall be collected pursuant to the schedules in section 43,884
5739.025 of the Revised Code. 43,885
(B) Each consumer, storing, using, or otherwise consuming 43,887
in this state tangible personal property or realizing in this 43,888
state the benefit of any service provided, shall be liable for 43,889
the tax, and such liability shall not be extinguished until the 43,890
tax has been paid to this state; provided, that the consumer 43,891
shall be relieved from further liability for the tax if the tax 43,892
has been paid to a seller in accordance with section 5741.04 of 43,893
the Revised Code or prepaid by the seller in accordance with 43,894
section 5741.06 of the Revised Code. 43,895
(C) The tax does not apply to the storage, use, or 43,897
consumption in this state of the following described tangible 43,898
personal property or services, nor to the storage, use, or 43,899
consumption or benefit in this state of tangible personal 43,900
property or services purchased under the following described 43,901
circumstances: 43,902
(1) When the sale of property or service in this state is 43,904
1000
subject to the excise tax imposed by sections 5739.01 to 5739.31 43,905
of the Revised Code, provided said tax has been paid; 43,906
(2) Except as provided in division (D) of this section, 43,908
tangible personal property or services, the acquisition of which, 43,909
if made in Ohio, would be a sale not subject to the tax imposed 43,910
by sections 5739.01 to 5739.31 of the Revised Code; 43,911
(3) Property or services, the storage, use, or other 43,913
consumption of or benefit from which this state is prohibited 43,914
from taxing by the Constitution of the United States, laws of the 43,916
United States, or the Constitution of this state. This exemption 43,918
shall not exempt from the application of the tax imposed by this 43,919
section the storage, use, or consumption of tangible personal 43,920
property that was purchased in interstate commerce, but that has 43,922
come to rest in this state, provided that fuel to be used or 43,923
transported in carrying on interstate commerce that is stopped 43,925
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section 43,926
5739.02 of the Revised Code; 43,927
(4) Transient use of tangible personal property in this 43,929
state by a nonresident tourist or vacationer, or a non-business 43,930
use within this state by a nonresident of this state, if the 43,931
property so used was purchased outside this state for use outside 43,932
this state and is not required to be registered or licensed under 43,933
the laws of this state; 43,934
(5) Tangible personal property or services rendered upon 43,936
which taxes have been paid to another jurisdiction to the extent 43,937
of the amount of the tax paid to such other jurisdiction. Where 43,938
the amount of the tax imposed by this section and imposed 43,939
pursuant to section 5741.021, 5741.022, or 5741.023 of the 43,940
Revised Code exceeds the amount paid to another jurisdiction, the 43,941
difference shall be allocated between the tax imposed by this 43,942
section and any tax imposed by a county or a transit authority 43,943
pursuant to section 5741.021, 5741.022, or 5741.023 of the 43,944
Revised Code, in proportion to the respective rates of such 43,945
1001
taxes. 43,946
As used in this subdivision, "taxes paid to another 43,948
jurisdiction" means the total amount of retail sales or use tax 43,949
or similar tax based upon the sale, purchase, or use of tangible 43,950
personal property or services rendered legally, levied by and 43,951
paid to another state or political subdivision thereof, or to the 43,952
District of Columbia, where the payment of such tax does not 43,953
entitle the taxpayer to any refund or credit for such payment. 43,954
(6) The transfer of a used manufactured home or used 43,956
mobile home, as defined by section 5739.0210 of the Revised Code, 43,957
made on or after January 1, 2000; 43,958
(7) DRUGS THAT ARE OR ARE INTENDED TO BE DISTRIBUTED FREE 43,960
OF CHARGE TO A PRACTITIONER LICENSED TO PRESCRIBE, DISPENSE, AND 43,961
ADMINISTER DRUGS TO A HUMAN BEING IN THE COURSE OF A PROFESSIONAL 43,962
PRACTICE AND THAT BY LAW MAY BE DISPENSED ONLY BY OR UPON THE 43,963
ORDER OF SUCH A PRACTITIONER.
(D) The tax applies to the storage, use, or other 43,965
consumption in this state of tangible personal property or 43,966
services, the acquisition of which at the time of sale was 43,967
excepted under division (E)(1) of section 5739.01 of the Revised 43,968
Code from the tax imposed by section 5739.02 of the Revised Code, 43,969
but which has subsequently been temporarily or permanently 43,970
stored, used, or otherwise consumed in a taxable manner. 43,971
(E) For the purpose of the proper administration of 43,973
sections 5741.01 to 5741.22 of the Revised Code, and to prevent 43,974
the evasion of the tax hereby levied, it shall be presumed that 43,975
any use, storage, or other consumption of tangible personal 43,976
property in this state is subject to the tax until the contrary 43,977
is established. 43,978
Sec. 5743.08. Whenever the tax commissioner discovers any 43,987
cigarettes, subject to the taxes levied under section 5743.02, 43,988
5743.023, 5743.024, or 5743.026 of the Revised Code, and upon 43,990
which the taxes have not been paid, the commissioner may seize 43,991
and take possession of such cigarettes, which shall thereupon be 43,992
1002
forfeited to the state, and the commissioner may within a 43,993
reasonable time thereafter, by a notice posted upon the premises 43,994
where such seizure is made, or by publication in some newspaper 43,995
having circulation in the county in which such seizure is made, 43,996
at least five days before the day of the sale, sell such THE 43,997
forfeited cigarettes, and from. FROM the proceeds of such THE 44,000
sale, THE TAX COMMISSIONER shall collect the taxes due thereon, 44,002
together with a penalty of one hundred per cent and PAY the costs 44,003
incurred in such proceedings, and pay the balance to the person 44,004
in whose possession such forfeited cigarettes were found ANY 44,005
PROCEEDS REMAINING AFTER THE COSTS ARE PAID SHALL BE CONSIDERED 44,006
AS REVENUE ARISING FROM THE TAX; provided that such THE seizure 44,008
and sale shall not be deemed to relieve any person from the fine 44,009
or imprisonment provided for violation of sections 5743.01 to 44,010
5743.20 of the Revised Code. Such THE sale shall be made in the 44,011
county where it is most convenient and economical. Except to the 44,013
extent that any county or convention facilities authority tax was 44,014
owed on such cigarettes, money collected under this section shall 44,016
be paid into the state treasury. If any county or convention 44,017
facilities authority tax was owed on such cigarettes, an amount 44,018
equal to the amount of the county or convention facilities 44,019
authority tax owed shall be paid to the county or convention 44,020
facilities authority levying the tax. The tax commissioner may 44,021
order the destruction of the forfeited cigarettes if the quantity 44,022
OR QUALITY of THE cigarettes is not sufficient to warrant their 44,024
sale.
Sec. 5743.14. (A) THE TAX COMMISSIONER MAY INSPECT ANY 44,033
PLACE WHERE CIGARETTES SUBJECT TO THE TAX LEVIED UNDER SECTION 44,034
5743.02, 5743.023, 5743.024, OR 5743.026 OF THE REVISED CODE ARE 44,035
SOLD OR STORED.
(B) No person shall prevent or hinder the tax commissioner 44,037
from making a full inspection of any place where cigarettes 44,038
subject to the tax levied under section 5743.02, 5743.023, 44,039
5743.024, or 5743.026 of the Revised Code are sold or stored, or 44,041
1003
prevent or hinder the full inspection of invoices, books,
records, or papers required to be kept by sections 5743.01 to 44,042
5743.20 of the Revised Code. 44,043
Sec. 5743.55. Whenever the tax commissioner discovers any 44,052
tobacco products, subject to the tax levied under section 44,053
5743.51, 5743.62, or 5743.63 of the Revised Code, and upon which 44,054
the tax has not been paid or the commissioner has reason to 44,055
believe the tax is being avoided, the commissioner may seize and 44,056
take possession of the tobacco products, which, upon seizure, 44,057
shall be forfeited to the state. Within a reasonable time after 44,058
seizure, the commissioner may sell the forfeited tobacco 44,060
products, by a notice posted upon the premises where the seizure
is made or by publication in a newspaper of general circulation 44,061
in the county in which this seizure is made at least five days 44,062
before the day of the sale. The. FROM THE proceeds from OF this 44,064
sale, THE TAX COMMISSIONER SHALL PAY THE COSTS INCURRED IN THE 44,065
SEIZURE AND SALE, AND ANY PROCEEDS REMAINING AFTER THE SALE shall 44,066
be considered as revenue arising from the tax. The seizure and 44,067
sale shall not relieve any person from the fine or imprisonment 44,068
provided for violation of sections 5743.51 to 5743.66 of the 44,069
Revised Code. The commissioner shall make the sale in the county 44,070
where it is most convenient and economical, but may order the 44,071
destruction of the forfeited tobacco products if the quantity or 44,072
quality of tobacco products is not sufficient to warrant their 44,073
sale. 44,074
Sec. 5743.59. (A) No retail dealer of tobacco products 44,083
shall have in his THE RETAIL DEALER'S possession tobacco products 44,085
on which the tax imposed by section 5743.51 of the Revised Code 44,086
has not been paid, unless the retail dealer is licensed under
section 5743.61 of the Revised Code. Payment may be evidenced by 44,087
invoices from distributors stating the tax has been paid. 44,089
(B) THE TAX COMMISSIONER MAY INSPECT ANY PLACE WHERE 44,091
TOBACCO PRODUCTS SUBJECT TO THE TAX LEVIED UNDER SECTION 5743.51 44,092
OF THE REVISED CODE ARE SOLD OR STORED.
1004
(C) No person shall prevent or hinder the tax commissioner 44,094
from making a full inspection of any place where tobacco products 44,096
subject to the tax imposed by section 5743.51 of the Revised Code 44,097
are sold or stored, or prevent or hinder the full inspection of 44,098
invoices, books, or records required to be kept by section 44,099
5743.54 of the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10, 44,108
5743.11, 5743.12, or division (C) of section 5743.54 of the 44,109
Revised Code is guilty of a misdemeanor of the first degree. If 44,110
the offender has been previously convicted of an offense under 44,111
this division, violation is a felony of the fourth degree. 44,112
(B) Whoever violates section 5743.111, 5743.112, 5743.13, 44,114
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a 44,115
felony of the fourth degree. If the offender has been previously 44,117
convicted of an offense under this division, violation is a 44,118
felony of the second degree. 44,119
(C) Whoever violates section 5743.41 or 5743.42 of the 44,121
Revised Code is guilty of a misdemeanor of the fourth degree. If 44,122
the offender has been previously convicted of an offense under 44,123
this division, violation is a misdemeanor of the third degree. 44,124
(D) Whoever violates any provision of this chapter, or any 44,126
rule promulgated by the tax commissioner under authority of this 44,127
chapter, for the violation of which no penalty is provided 44,128
elsewhere, is guilty of a misdemeanor of the fourth degree. 44,129
(E) In addition to any other penalty imposed upon a person 44,131
convicted of a violation of section 5743.112 or 5743.60 of the 44,132
Revised Code who was the operator of a motor vehicle used in the 44,133
violation, the registrar of motor vehicles shall suspend any 44,134
driver's or commercial driver's license issued to the offender 44,135
pursuant to the order and determination of the trial judge of any 44,136
court of record as provided in section 4507.16 of the Revised 44,137
Code. 44,138
Sec. 5747.11. (A) The tax commissioner shall refund to 44,147
employers, qualifying entities, or taxpayers, with respect to any 44,149
1005
tax imposed under section 5733.41, 5747.02, or 5747.41, or 44,150
Chapter 5748. of the Revised Code: 44,151
(1) Overpayments of more than one dollar; 44,153
(2) Amounts in excess of one dollar paid illegally or 44,155
erroneously; 44,156
(3) Amounts in excess of one dollar paid on an illegal, 44,158
erroneous, or excessive assessment. 44,159
(B) Except as otherwise provided under divisions (D) and 44,161
(E) of this section, applications for refund shall be filed with 44,162
the tax commissioner, on the form prescribed by the commissioner, 44,163
within four years from the date of the illegal, erroneous, or 44,164
excessive payment of the tax, or within any additional period 44,165
allowed by division (B)(3)(b) of section 5747.05, division (B) of 44,166
section 5747.10, division (A) of section 5747.13, or division (C) 44,167
of section 5747.45 of the Revised Code. 44,168
On filing of the refund application, the commissioner shall 44,170
determine the amount of refund due and certify such amount to the 44,171
director of budget and management and treasurer of state for 44,172
payment from the tax refund fund created by section 5703.052 of 44,173
the Revised Code. PAYMENT SHALL BE MADE AS PROVIDED IN DIVISION 44,174
(C) OF SECTION 117.45 OF THE REVISED CODE. 44,175
(C)(1) Interest shall be allowed and paid upon any illegal 44,177
or erroneous assessment in excess of one dollar in respect of the 44,178
tax imposed under section 5747.02 or Chapter 5748. of the Revised 44,180
Code at the rate per annum prescribed by section 5703.47 of the 44,181
Revised Code from the date of the payment of the illegal or 44,182
erroneous assessment until the date the refund of such amount is 44,183
paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an 44,184
employer or taxpayer, rather than from an assessment by the 44,185
commissioner, such interest shall run from a period ninety days 44,186
after the final filing date of the annual return until the date 44,187
the refund is paid. 44,188
(2) Interest shall be allowed and paid at the rate per 44,190
1006
annum prescribed by section 5703.47 of the Revised Code upon any 44,191
overpayment in excess of one dollar in respect of the tax imposed 44,192
under section 5747.02 or Chapter 5748. of the Revised Code from 44,193
the date of the overpayment until the date of the refund of the 44,194
overpayment, except that if any overpayment is refunded within 44,195
ninety days after the final filing date of the annual return or 44,196
ninety days after the return is filed, whichever is later, no 44,197
interest shall be allowed on such overpayment. If the 44,198
overpayment results from the carryback of a net operating loss or 44,199
net capital loss to a previous taxable year, the overpayment is 44,200
deemed not to have been made prior to the filing date, including 44,201
any extension thereof, for the taxable year in which the net 44,202
operating loss or net capital loss arises. For purposes of the 44,203
payment of interest on overpayments, no amount of tax, for any 44,204
taxable year, shall be treated as having been paid before the 44,205
date on which the tax return for that year was due without regard 44,206
to any extension of time for filing such return. 44,207
(3) Interest shall be allowed at the rate per annum 44,209
prescribed by section 5703.47 of the Revised Code on amounts 44,210
refunded with respect to the taxes imposed under sections 5733.41 44,212
and 5747.41 of the Revised Code. The interest shall run from
whichever of the following days is the latest until the day the 44,214
refund is paid: the day the illegal, erroneous, or excessive 44,215
payment was made; the ninetieth day after the final day the 44,216
annual report was required to be filed under section 5747.42 of 44,217
the Revised Code; or the ninetieth day after the day that report 44,218
was filed.
(D) "Ninety days" shall be substituted for "four years" in 44,220
division (B) of this section if the taxpayer satisfies both of 44,221
the following conditions:
(1) The taxpayer has applied for a refund based in whole 44,223
or in part upon section 5747.059 of the Revised Code; 44,224
(2) The taxpayer asserts that either the imposition or 44,226
collection of the tax imposed or charged by this chapter or any 44,227
1007
portion of such tax violates the Constitution of the United 44,228
States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all 44,230
of the following conditions are satisfied: 44,231
(a) A qualifying entity pays an amount of the tax imposed 44,233
by section 5733.41 or 5747.41 of the Revised Code; 44,234
(b) The taxpayer is a qualifying investor as to that 44,236
qualifying entity;
(c) The taxpayer did not claim the credit provided for in 44,238
section 5747.059 of the Revised Code as to the tax described in 44,239
division (E)(1)(a) of this section; 44,240
(d) The four-year period described in division (B) of this 44,242
section has ended as to the taxable year for which the taxpayer 44,243
otherwise would have claimed that credit. 44,244
(2) A taxpayer shall file an application for refund 44,246
pursuant to division (E) of this section within one year after 44,247
the date the payment described in division (E)(1)(a) of this 44,248
section is made. An application filed under division (E)(2) of 44,249
this section shall claim refund only of overpayments resulting 44,250
from the taxpayer's failure to claim the credit described in
division (E)(1)(c) of this section. Nothing in division (E) of 44,251
this section shall be construed to relieve a taxpayer from 44,252
complying with division (A)(16) of section 5747.01 of the Revised 44,253
Code.
Sec. 5907.11. (A) The superintendent of the Ohio 44,262
veterans' home, with the approval of the board of trustees of the 44,263
Ohio veterans' home, may establish a local fund to be used for 44,265
the entertainment and welfare of the residents of the Ohio 44,267
veterans' home. The fund shall be designated as the home
improvement RESIDENTS' BENEFIT fund and shall be operated for the 44,270
exclusive benefit of the residents of the Ohio veterans' home. 44,272
The fund shall receive all revenue from the sale of commissary 44,273
items and shall receive all moneys received as donations from any 44,274
source.
1008
(B) THE RESIDENTS' BENEFIT FUND ALSO MAY BE USED TO 44,276
RECEIVE AND DISBURSE ANY DONATIONS MADE FOR EVENTS SPONSORED BY 44,277
THE OHIO VETERANS HALL OF FAME. 44,278
(C) The superintendent, subject to the approval of the 44,280
board of trustees, shall establish rules for the operation of the 44,282
home improvement RESIDENTS' BENEFIT fund. 44,283
Sec. 5907.13. Residents of the Ohio veterans' home may be 44,292
assessed a fee to pay a portion of the expenses of their support, 44,293
dependent upon their ability to pay. Subject to controlling 44,294
board approval, the board of trustees of the Ohio veterans' home 44,295
shall adopt rules for determining a resident's ability to pay. 44,296
Each resident shall furnish the board of trustees such statements 44,297
of income, assets, debts, and expenses as THAT the board 44,298
requires. All 44,299
ALL fees contributed by the residents under this section 44,302
shall be deposited into an interest-bearing account in a public 44,303
depository in accordance with section 135.18 of the Revised Code. 44,304
All such OF THESE fees shall be paid to the treasurer of state 44,306
within thirty days after the end of the month of receipt, 44,307
together with all interest credited to the account to date. The 44,308
treasurer of state shall credit eighty per cent of these fees and 44,309
of this interest to the Ohio veterans' home operating fund and 44,310
twenty per cent OF THESE FEES AND OF THIS INTEREST to the Ohio 44,311
veterans' home fund. The 44,313
THE fee for each resident shall be based upon the level of 44,316
care received for domiciliary or nursing home services PROVIDED 44,317
TO THE RESIDENT BY THE HOME. THE BOARD OF TRUSTEES SHALL 44,318
DETERMINE AUTHORIZED LEVELS OF CARE FOR RESIDENTS. The assessment 44,319
for each resident shall not exceed the difference between the 44,320
total per diem amount collected by the state for maintenance from 44,321
all sources on the resident's behalf and the average annual per 44,322
diem cost for the resident's maintenance, computed in accordance 44,323
with veterans administration regulations.
Sec. 5907.141. (A) All money received from the United 44,332
1009
States department of veterans affairs in per diem grants for 44,334
state home domiciliary and nursing home care THAT THE OHIO 44,336
VETERANS' HOME PROVIDES shall be deposited in the state treasury 44,337
to the credit of the Ohio veterans' home federal grant fund, 44,338
which is hereby created. Money credited to the fund shall be 44,339
used only for the operating costs of the Ohio veterans' home. 44,340
(B) ANY RESIDENT OF THE OHIO VETERANS' HOME WHOM THE 44,343
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DETERMINES TO HAVE 44,344
EXCESS INCOME OR ASSETS, THEREFORE RENDERING THE HOME INELIGIBLE 44,345
TO COLLECT PER DIEM GRANT REIMBURSEMENT FOR DAYS OF CARE PROVIDED 44,346
TO THAT RESIDENT, IS REQUIRED TO PAY, IN ADDITION TO THE FEES 44,347
ASSESSED UNDER SECTION 5907.13 OF THE REVISED CODE, AN AMOUNT 44,348
EQUAL TO THE RATE OF PER DIEM GRANT THAT THE DEPARTMENT DENIED 44,349
FOR THAT PARTICULAR RESIDENT. ANY AMOUNT THAT THE RESIDENT PAYS 44,350
UNDER THIS DIVISION SHALL BE COLLECTED AND DISTRIBUTED IN THE 44,351
SAME MANNER AS THE FEES ASSESSED UNDER SECTION 5907.13 OF THE 44,352
REVISED CODE.
Sec. 5907.15. There is hereby created in the state 44,361
treasury the Ohio veterans VETERANS' home rental and, service 44,363
revenue, AND MEDICARE REIMBURSEMENT fund. Revenue generated from 44,366
temporary use agreements of the home, from the sale of meals at
the home's dining halls, and from rental, lease, or sharing 44,367
agreements for the use of facilities, supplies, equipment, 44,369
utilities, or services provided by the home, AND FROM MEDICARE 44,370
REIMBURSEMENTS shall be credited to the fund. The fund shall be 44,371
used only for maintenance costs of the home AND FOR THE PURCHASE 44,372
OF MEDICATIONS, MEDICAL SUPPLIES, AND MEDICAL EQUIPMENT BY THE 44,373
HOME.
Sec. 6109.01. As used in this chapter: 44,382
(A) "Public water system" means a system for the provision 44,384
to the public of piped water for human consumption THROUGH PIPES 44,385
OR OTHER CONSTRUCTED CONVEYANCES if the system has at least 44,387
fifteen service connections or regularly serves at least 44,388
twenty-five individuals. "Public water system" includes any 44,389
1010
collection, treatment, storage, and distribution facilities under 44,390
control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment 44,391
storage facilities not under such control that are used primarily 44,393
in connection with the system, and any water supply system 44,394
serving an agricultural labor camp as defined in section 3733.41 44,395
of the Revised Code.
(B) "Contaminant" means any physical, chemical, 44,397
biological, or radiological substance or matter in water. 44,398
(C) "Person" means the state, any political subdivision, 44,400
agency, institution, or instrumentality thereof, any federal 44,401
agency, and any person as defined in section 1.59 of the Revised 44,402
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking 44,404
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), as amended by 44,405
the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 44,406
U.S.C. 300(f), the "Safe Drinking Water Act Amendments of 1986," 44,407
100 Stat. 642, 42 U.S.C. 300(f), and the "Safe Drinking Water Act 44,408
Amendments of 1996," 110 Stat. 1613, 42 U.S.C. 300(f), and
regulations adopted under those acts. 44,409
(E) "Community water system" means a public water system 44,411
that has at least fifteen service connections used by year-round 44,412
residents or that regularly serves at least twenty-five 44,413
year-round residents.
(F) "Small system" means a public water system serving a 44,415
population of ten thousand or fewer individuals. 44,416
(G) "Technical assistance" means nonfinancial assistance 44,418
provided by the state to public water systems and other eligible 44,419
applicants, including, without limitation, assistance for 44,420
planning and design, development, and implementation of source 44,421
water quality protection programs; locating alternative supplies 44,422
of drinking water; operational training; restructuring or 44,423
consolidation of small systems; providing treatment information 44,424
in order to assist compliance with a national primary drinking 44,425
1011
water standard; and other nonfinancial assistance authorized by 44,426
the requirements governing the funds established under this 44,427
chapter. 44,428
(H) "Disadvantaged community" means the service area or 44,430
portion of a service area of a public water system that meets 44,431
affordability and other criteria established by the director of 44,432
environmental protection in rules adopted under division (M) of 44,433
section 6109.22 of the Revised Code and may include the service 44,434
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 44,435
Revised Code.
(I) "Director of environmental protection" or "director" 44,437
includes an authorized representative of the director. 44,438
(J) "Federal Water Pollution Control Act" has the same 44,440
meaning as in section 6111.01 of the Revised Code. 44,441
Sec. 6109.21. (A) Except as provided in divisions (D) and 44,451
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 44,452
without a license issued by the director of environmental 44,453
protection. A person who operates or maintains a public water 44,454
system on January 1, 1994, shall obtain an initial license under 44,455
this section in accordance with the following schedule: 44,456
(1) If the public water system is a community water 44,458
system, not later than January 31, 1994; 44,459
(2) If the public water system is not a community water 44,461
system and serves a nontransient population, not later than 44,462
January 31, 1994; 44,463
(3) If the public water system is not a community water 44,465
system and serves a transient population, not later than January 44,466
31, 1995. 44,467
A person proposing to operate or maintain a new public 44,469
water system after January 1, 1994, in addition to complying with 44,470
section 6109.07 of the Revised Code and rules adopted under it, 44,471
shall submit an application for an initial license under this 44,472
1012
section to the director prior to commencing operation of the 44,473
system. 44,474
A license or license renewal issued under this section 44,476
shall be renewed annually. Such a license or license renewal 44,477
shall expire on the thirtieth day of January in the year 44,478
following its issuance. A license holder that proposes to 44,479
continue operating the public water system for which the license 44,480
or license renewal was issued shall apply for a license renewal 44,481
at least thirty days prior to that expiration date. 44,482
The director shall adopt, and may amend and rescind, rules 44,484
in accordance with Chapter 119. of the Revised Code establishing 44,485
procedures governing and information to be included on 44,486
applications for licenses and license renewals under this 44,487
section. Through June 30, 2000 2002, each application shall be 44,489
accompanied by the appropriate fee established under division (M) 44,490
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 44,491
maintain a new public water system after January 1, 1994, shall 44,492
submit a fee that equals a prorated amount of the appropriate fee 44,493
established under that division for the remainder of the 44,494
licensing year. 44,495
(B) Not later than thirty days after receiving a completed 44,497
application and the appropriate license fee for an initial 44,498
license under division (A) of this section, the director shall 44,499
issue the license for the public water system. Not later than 44,500
thirty days after receiving a completed application and the 44,501
appropriate license fee for a license renewal under division (A) 44,502
of this section, the director shall do one of the following: 44,503
(1) Issue the license renewal for the public water system; 44,505
(2) Issue the license renewal subject to terms and 44,507
conditions that the director determines are necessary to ensure 44,508
compliance with this chapter and rules adopted under it; 44,509
(3) Deny the license renewal if the director finds that 44,511
the public water system was not operated in substantial 44,512
1013
compliance with this chapter and rules adopted under it. 44,513
(C) The director may suspend or revoke a license or 44,515
license renewal issued under this section if the director finds 44,516
that the public water system was not operated in substantial 44,517
compliance with this chapter and rules adopted under it. The 44,518
director shall adopt, and may amend and rescind, rules in 44,519
accordance with Chapter 119. of the Revised Code governing such 44,520
suspensions and revocations. 44,521
(D)(1) As used in division (D) of this section, "church" 44,523
means a fellowship of believers, congregation, society, 44,524
corporation, convention, or association that is formed primarily 44,525
or exclusively for religious purposes and that is not formed or 44,526
operated for the private profit of any person. 44,527
(2) This section does not apply to a church that operates 44,529
or maintains a public water system solely to provide water for 44,530
that church or for a campground that is owned by the church and 44,531
operated primarily or exclusively for members of the church and 44,532
their families. A church that, on or before the effective date 44,533
of this amendment MARCH 5, 1996, has obtained a license under 44,535
this section for such a public water system need not obtain a
license renewal under this section. 44,536
(E) This section does not apply to any public or nonpublic 44,538
school that meets minimum standards of the state board of 44,539
education that operates or maintains a public water system solely 44,540
to provide water for that school. 44,541
Sec. 6119.10. The board of trustees of a regional water 44,550
and sewer district or any officer or employee designated by such 44,551
THE board may make any contract for the purchase of supplies or 44,553
material or for labor for any work, under the supervision of the 44,554
board, the cost of which shall not exceed ten FIFTEEN thousand 44,555
dollars. When an expenditure, other than for the acquisition of 44,557
real estate and interests in real estate, the discharge of 44,558
noncontractual claims, personal services, the joint use of 44,559
facilities or the exercise of powers with other political 44,560
1014
subdivisions, or for the product or services of public utilities, 44,561
exceeds ten FIFTEEN thousand dollars, such THE expenditures shall 44,563
be made only after a notice calling for bids has been published 44,564
not less than two consecutive weeks in at least one newspaper 44,565
having a general circulation within the district. If the bids 44,566
are for a contract for the construction, demolition, alteration, 44,567
repair, or reconstruction of an improvement, the board may let 44,568
the contract to the lowest and best bidder who meets the 44,569
requirements of section 153.54 of the Revised Code. If the bids 44,570
are for a contract for any other work relating to the 44,571
improvements for which a regional water and sewer district was 44,572
established, the board of trustees of the regional water and 44,573
sewer district may let the contract to the lowest or best bidder 44,574
who gives a good and approved bond with ample security 44,575
conditioned on the carrying out of the contract. Such THE 44,576
contract shall be in writing and shall be accompanied by or shall 44,578
refer to plans and specifications for the work to be done, 44,579
approved by the board. The plans and specifications shall at all 44,580
times be made and considered part of the contract. The contract 44,581
shall be approved by the board and signed by its president or 44,582
other duly authorized officer and by the contractor. In case of 44,583
a real and present emergency, the board of trustees of the 44,584
district may, by two-thirds vote of all members, MAY authorize 44,585
the president or other duly authorized officer to enter into a 44,586
contract for work to be done or for the purchase of supplies or 44,587
materials without formal bidding or advertising. All contracts 44,588
shall have attached the certificate required by section 5705.41 44,589
of the Revised Code duly executed by the secretary of the board 44,590
of trustees of the district. The district may make improvements 44,591
by force account or direct labor, provided THAT, if the estimated 44,592
cost of supplies or material for any such improvement exceeds ten 44,593
FIFTEEN thousand dollars, bids shall be received as provided in 44,595
this section. For the purposes of the competitive bidding 44,596
requirements of this section, the board shall not sever a
1015
contract for supplies or materials and labor into separate 44,597
contracts for labor, supplies, or materials if such THE contracts 44,599
are in fact a part of a single contract required to be bid 44,600
competitively under this section. 44,601
Section 2. That existing sections 9.06, 9.07, 102.02, 44,604
103.143, 103.71, 103.73, 103.74, 109.081, 111.18, 117.14, 117.44, 44,605
117.45, 118.01, 118.05, 118.08, 120.04, 120.06, 120.18, 120.28, 44,606
120.33, 121.05, 121.24, 121.371, 122.011, 122.05, 122.15,
122.152, 122.71, 122.92, 124.04, 124.07, 124.181, 125.023, 44,607
125.111, 125.15, 125.28, 126.12, 126.21, 126.25, 126.31, 126.32, 44,608
127.16, 129.55, 129.63, 129.73, 131.01, 133.20, 135.63, 149.30, 44,609
159.03, 159.04, 166.03, 166.05, 167.03, 169.02, 169.03, 169.09, 44,610
173.35, 307.851, 307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 44,612
340.03, 341.011, 718.01, 742.63, 753.19, 901.41, 901.62, 901.63, 44,614
924.51, 1101.15, 1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 44,615
1155.10, 1155.13, 1161.09, 1161.38, 1163.09, 1163.13, 1163.16, 44,616
1181.06, 1301.01, 1309.401, 1317.07, 1321.57, 1322.02, 1322.10, 44,617
1501.01, 1507.01, 1507.12, 1515.091, 1521.04, 1547.67, 1547.68,
1547.72, 1555.12, 1751.68, 2108.15, 2305.232, 2941.51, 2949.17, 44,618
2949.19, 2949.20, 2949.201, 3109.13, 3109.14, 3109.15, 3109.16, 44,619
3109.17, 3109.18, 3301.68, 3375.90, 3383.08, 3501.18, 3501.21, 44,620
3517.152, 3701.04, 3701.261, 3701.262, 3701.263, 3701.89, 44,622
3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 3705.24, 3721.31, 44,624
3721.33, 3722.01, 3722.011, 3722.10, 3722.15, 3722.16, 3734.02, 44,625
3734.05, 3734.06, 3734.18, 3734.28, 3734.57, 3734.82, 3734.87, 44,626
3734.901, 3742.03, 3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 44,627
3748.07, 3748.13, 3750.02, 3769.20, 3793.08, 3793.10, 3793.12, 44,628
4105.17, 4112.04, 4112.12, 4163.07, 4301.10, 4301.30, 4301.43, 44,630
4301.62, 4303.06, 4303.07, 4303.10, 4303.181, 4303.182, 4303.30, 44,632
4303.35, 4399.12, 4511.191, 4511.83, 4701.03, 4701.06, 4703.36,
4703.37, 4709.01, 4712.01, 4713.01, 4713.10, 4713.17, 4717.03, 44,634
4717.05, 4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 44,635
4725.17, 4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 44,637
4735.07, 4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 44,638
1016
4747.05, 4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 44,639
4766.02, 4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4911.17, 44,640
4931.11, 4931.21, 4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 44,641
5101.16, 5101.21, 5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 44,642
5101.541, 5101.544, 5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 44,643
5104.38, 5107.02, 5107.05, 5107.10, 5107.16, 5107.18, 5107.22, 44,644
5107.24, 5107.26, 5107.28, 5107.541, 5107.60, 5107.72, 5108.06, 44,645
5111.01, 5111.022, 5111.23, 5111.231, 5112.01, 5112.03, 5112.06, 44,646
5112.07, 5112.08, 5112.09, 5112.17, 5112.18, 5115.01, 5117.07, 44,647
5117.09, 5119.22, 5119.61, 5120.14, 5121.03, 5121.04, 5121.06, 44,648
5121.07, 5121.08, 5121.09, 5121.10, 5123.60, 5126.35, 5139.27, 44,649
5139.271, 5139.28, 5139.281, 5139.43, 5139.50, 5139.51, 5139.55, 44,651
5145.30, 5502.21, 5502.22, 5502.25, 5502.28, 5502.34, 5515.01, 44,653
5528.36, 5703.05, 5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 44,654
5709.632, 5709.83, 5711.16, 5711.22, 5727.01, 5727.111, 5727.12, 44,655
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42,
5727.48, 5727.50, 5727.60, 5733.05, 5733.16, 5733.33, 5733.98, 44,656
5739.31, 5741.02, 5743.08, 5743.14, 5743.55, 5743.59, 5743.99, 44,657
5747.11, 5907.11, 5907.13, 5907.141, 5907.15, 6109.01, 6109.21, 44,658
and 6119.10 and sections 117.16, 1155.131, 1163.17, 2108.021, 44,660
2151.55, 4113.14, 4931.01, 4931.03, 4931.08, 4931.20, 4931.23, 44,661
4931.24, 5107.77, 5111.172, and 5115.08 of the Revised Code are 44,662
hereby repealed. That existing section 122.75 of the Revised 44,663
Code as it results from Am. Sub. H.B. 117 of the 121st General 44,664
Assembly is hereby repealed. That existing Section 4 of Sub. 44,665
H.B. 167 of the 121st General Assembly, as amended by Sub. H.B. 44,666
710 of the 121st General Assembly and Am. Sub. H.B. 215 of the 44,667
122nd General Assembly, is hereby repealed. That section 122.75 44,668
of the Revised Code as it purportedly results from Am. Sub. H.B. 44,669
356 of the 121st General Assembly is hereby repealed. 44,670
Section 3. That Section 5 of Am. Sub. S.B. 50 of the 121st 44,672
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd 44,674
General Assembly, be amended to read as follows: 44,675
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st 44,678
1017
General Assembly shall take effect July 1, 1999 2001." 44,679
Section 4. That existing Section 5 of Am. Sub. S.B. 50 of 44,681
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 44,682
the 122nd General Assembly, is hereby repealed. 44,683
Section 5. Except as otherwise provided, all appropriation 44,685
line items (ALI) in this act are hereby appropriated out of any 44,686
moneys in the state treasury to the credit of the designated 44,687
fund, which are not otherwise appropriated. For all 44,688
appropriations made in this act, those amounts in the first 44,689
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 44,690
FND ALI ALI TITLE FY 2000 FY 2001 44,699
Section 6. ACC ACCOUNTANCY BOARD OF OHIO 44,702
General Services Fund Group 44,704
4J8 889-601 CPA Education 44,707
Assistance $ 200,000 $ 200,000 44,709
4K9 889-609 Operating Expenses $ 818,726 $ 810,813 44,713
TOTAL GSF General Services Fund 44,714
Group $ 1,018,726 $ 1,010,813 44,717
TOTAL ALL BUDGET FUND GROUPS $ 1,018,726 $ 1,010,813 44,720
Section 7. PAY ACCRUED LEAVE LIABILITY 44,723
Accrued Leave Liability Fund Group 44,725
806 995-666 Accrued Leave Fund $ 51,911,388 $ 58,703,605 44,730
807 995-667 Disability Fund $ 33,111,113 $ 34,766,669 44,734
TOTAL ALF Accrued Leave Liability 44,735
Fund Group $ 85,022,501 $ 93,470,274 44,738
Agency Fund Group 44,741
808 995-668 State Employee Health 44,744
Benefit Fund $ 125,908,931 $ 133,973,454 44,746
809 995-669 Dependent Care 44,748
Spending Account $ 2,579,750 $ 2,773,231 44,750
810 995-670 Life Insurance 44,752
Investment Fund $ 2,259,874 $ 2,372,867 44,754
1018
811 995-671 Parental Leave 44,756
Benefit Fund $ 4,149,522 $ 5,186,902 44,758
TOTAL AGY Agency Fund Group $ 134,898,077 $ 144,306,454 44,761
TOTAL ALL BUDGET FUND GROUPS $ 219,920,578 $ 237,776,728 44,767
Accrued Leave Liability Fund 44,770
The foregoing appropriation item 995-666, Accrued Leave 44,772
Fund, shall be used to make payments from the Accrued Leave 44,773
Liability Fund (Fund 806), pursuant to section 125.211 of the 44,774
Revised Code. If it is determined by the Director of Budget and 44,775
Management that additional amounts are necessary, the amounts are 44,776
hereby appropriated. 44,777
State Employee Disability Leave Benefit Fund 44,779
The foregoing appropriation item 995-667, Disability Fund, 44,781
shall be used to make payments from the State Employee Disability 44,782
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 44,783
Revised Code. If it is determined by the Director of Budget and 44,784
Management that additional amounts are necessary, the amounts are 44,785
hereby appropriated. 44,786
State Employee Health Benefit Fund 44,788
The foregoing appropriation item 995-668, State Employee 44,790
Health Benefit Fund, shall be used to make payments from the 44,791
State Employee Health Benefit Fund (Fund 808), pursuant to 44,792
section 124.87 of the Revised Code. If it is determined by the 44,793
Director of Budget and Management that additional amounts are 44,794
necessary, the amounts are hereby appropriated. 44,795
Dependent Care Spending Account 44,797
The foregoing appropriation item 995-669, Dependent Care 44,799
Spending Account, shall be used to make payments from the 44,800
Dependent Care Spending Account (Fund 809) to employees eligible 44,801
for dependent care expenses. If it is determined by the Director 44,802
of Budget and Management that additional amounts are necessary, 44,803
the amounts are hereby appropriated. 44,804
Life Insurance Investment Fund 44,806
The foregoing appropriation item 995-670, Life Insurance 44,808
1019
Investment Fund, shall be used to make payments from the Life 44,809
Insurance Investment Fund (Fund 810) for the costs and expenses 44,810
of the state's life insurance benefit program pursuant to section 44,811
125.212 of the Revised Code. If it is determined by the Director 44,812
of Budget and Management that additional amounts are necessary, 44,813
the amounts are hereby appropriated. 44,814
Parental Leave Benefit Fund 44,816
The foregoing appropriation item 995-671, Parental Leave 44,818
Benefit Fund, shall be used to make payments from the Parental 44,819
Leave Benefit Fund (Fund 811) to employees eligible for parental 44,820
leave benefits pursuant to section 124.137 of the Revised Code. 44,821
If it is determined by the Director of Budget and Management that 44,822
additional amounts are necessary, the amounts are hereby 44,823
appropriated. 44,824
Section 8. ADJ ADJUTANT GENERAL 44,826
General Revenue Fund 44,828
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 44,833
GRF 745-403 Armory Deferred 44,835
Maintenance $ 800,000 $ 800,000 44,837
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 44,841
GRF 745-409 Central 44,843
Administration $ 3,860,435 $ 3,848,936 44,845
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 44,849
GRF 745-502 Ohio National Guard 44,851
Unit Fund $ 118,086 $ 121,392 44,853
TOTAL GRF General Revenue Fund $ 10,625,842 $ 10,611,725 44,856
General Services Fund Group 44,859
534 745-612 Armory Improvements $ 511,500 $ 523,776 44,864
536 745-620 Camp Perry Clubhouse 44,866
and Rental $ 996,340 $ 1,008,771 44,868
537 745-604 ONG Maintenance $ 205,163 $ 209,847 44,872
TOTAL GSF General Services Fund 44,873
Group $ 1,713,003 $ 1,742,394 44,876
Federal Special Revenue Fund Group 44,879
1020
3E8 745-628 Air National Guard 44,882
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 44,884
3R8 745-603 Counter Drug 44,886
Operations $ 100,000 $ 100,000 44,888
3S0 745-602 Higher Ground 44,890
Training $ 35,000 $ 35,000 44,892
341 745-615 Air National Guard 44,894
Base Security $ 2,008,925 $ 1,992,760 44,896
342 745-616 Army National Guard 44,898
Service Agreement $ 4,370,403 $ 4,439,930 44,900
343 745-619 Army National Guard 44,902
Training Site
Agreement $ 2,734,477 $ 2,781,245 44,904
TOTAL FED Federal Special Revenue 44,905
Fund Group $ 20,429,107 $ 20,598,733 44,908
State Special Revenue Fund Group 44,911
528 745-605 Marksmanship 44,913
Activities $ 61,600 $ 63,078 44,915
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 44,918
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,829,552 $ 33,015,930 44,923
Armory Deferred Maintenance 44,926
Of the foregoing appropriation item 745-403, Armory 44,928
Deferred Maintenance, all disbursements shall be made based on a 44,929
spending plan approved by the Director of Budget and Management. 44,930
Marksmanship Activities 44,932
On July 1, 1999, or as soon thereafter as possible, the 44,934
Director of Budget and Management shall transfer the cash balance 44,935
in the Marksmanship Program (Fund 340) to Marksmanship Activities 44,936
(Fund 528), and Fund 340 is hereby abolished. The director shall 44,937
cancel any existing encumbrances against appropriation item 44,938
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 44,939
1021
528). The amounts of the reestablished encumbrances are hereby 44,940
appropriated.
Section 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 44,942
General Revenue Fund 44,944
GRF 100-402 Unemployment 44,947
Compensation $ 130,591 $ 134,069 44,949
GRF 100-405 Agency Audit Expenses $ 672,767 $ 770,956 44,953
GRF 100-406 County & University 44,955
Human Resources
Services $ 1,263,419 $ 1,244,851 44,957
GRF 100-409 Departmental 44,959
Information Services $ 1,518,558 $ 1,489,757 44,961
GRF 100-410 Veterans' Records 44,963
Conversion $ 500,000 $ 500,000 44,965
GRF 100-414 Ohio Geographically 44,967
Referenced
Information Program $ 642,224 $ 659,227 44,969
GRF 100-416 Strategic Technology 44,971
Development Programs $ 4,043,290 $ 4,188,593 44,973
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 44,977
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 44,981
GRF 100-433 State of Ohio 44,983
Computer Center $ 5,090,081 $ 5,204,349 44,985
GRF 100-439 Equal Opportunity 44,987
Programs $ 1,394,375 $ 1,430,694 44,989
GRF 100-447 OBA - Building Rent 44,991
Payments $ 89,400,000 $ 97,335,000 44,993
GRF 100-448 OBA - Building 44,995
Operating Payments $ 25,498,000 $ 25,498,000 44,997
GRF 100-449 DAS - Building 44,999
Operating Payments $ 5,637,392 $ 5,620,548 45,001
GRF 100-451 Minority Affairs $ 876,551 $ 878,910 45,005
GRF 130-321 State Agency Support 45,007
Services $ 3,938,112 $ 3,994,685 45,009
1022
TOTAL GRF General Revenue Fund $ 151,392,909 $ 159,820,213 45,012
General Services Fund Group 45,015
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 45,020
115 100-632 Central Service 45,022
Agency $ 389,317 $ 398,151 45,024
117 100-644 General Services 45,026
Division - Operating $ 6,152,252 $ 5,836,960 45,028
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 45,032
125 100-622 Human Resources 45,034
Division - Operating $ 21,275,977 $ 19,663,245 45,036
127 100-627 Vehicle Liability 45,038
Insurance $ 4,160,053 $ 4,276,001 45,040
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 45,044
130 100-606 Fidelity Bonding 45,046
Programs $ 109,611 $ 112,497 45,048
131 100-639 State Architect's 45,050
Office $ 6,154,743 $ 6,066,535 45,052
132 100-631 DAS Building 45,054
Management $ 10,584,283 $ 10,327,827 45,056
188 100-649 Equal Opportunity 45,058
Programs $ 2,194,260 $ 2,228,255 45,060
201 100-653 General Services 45,062
Resale Merchandise $ 1,978,768 $ 2,034,174 45,064
210 100-612 State Printing $ 6,157,561 $ 6,322,592 45,068
4H2 100-604 Governor's Residence 45,070
Gift $ 21,622 $ 22,141 45,072
4P3 100-603 Departmental MIS 45,074
Services $ 6,493,349 $ 7,312,130 45,076
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 45,080
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 45,084
TOTAL GSF General Services Fund 45,085
Group $ 80,845,416 $ 80,066,246 45,088
Federal Special Revenue Fund Group 45,091
1023
307 100-633 Federal Special 45,094
Revenue $ 183,000 $ 79,000 45,096
TOTAL FED Federal Special Revenue 45,097
Fund Group $ 183,000 $ 79,000 45,100
State Special Revenue Fund Group 45,103
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 45,107
TOTAL SSR State Special Revenue 45,108
Fund Group $ 12,000,000 $ 12,000,000 45,111
Intragovernmental Service Fund Group 45,114
133 100-607 Information 45,117
Technology Fund $ 92,027,981 $ 91,726,824 45,119
4N6 100-617 Major Computer 45,121
Purchases $ 19,016,469 $ 19,472,864 45,123
TOTAL ISF Intragovernmental 45,124
Service Fund Group $ 111,044,450 $ 111,199,688 45,127
Agency Fund Group 45,130
113 100-628 Unemployment 45,133
Compensation $ 4,884,530 $ 5,128,757 45,135
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 45,139
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 45,142
Holding Account Redistribution Fund Group 45,145
R08 100-646 General Services 45,148
Refunds $ 20,000 $ 20,000 45,150
TOTAL 090 Holding Account 45,151
Redistribution Fund Group $ 20,000 $ 20,000 45,154
TOTAL ALL BUDGET FUND GROUPS $2,145,370,305 $2,242,563,904 45,157
Section 9.01. Agency Audit Expenses 45,160
Of the foregoing appropriation item 100-405, Agency Audit 45,162
Expenses, up to $222,000 in fiscal year 2000 and up to $226,800 45,163
in fiscal year 2001 shall be used to subsidize the operations of 45,164
the Central Service Agency. The Department of Administrative 45,165
Services shall transfer cash from appropriation item 100-405, 45,166
Agency Adult Expenses, to the Central Service Agency Fund (Fund 45,167
115) using an intrastate transfer voucher. 45,168
1024
Of the foregoing appropriation item 100-405, Agency Audit 45,170
Expenses, up to $30,000 in fiscal year 2000 and $30,000 in fiscal 45,171
year 2001 shall be used for the Department of Administrative 45,174
Services' GRF line item-related auditing expenses. The remainder 45,175
of the appropriation shall be used for auditing expenses 45,176
designated in division (A)(1) of section 117.13 of the Revised 45,177
Code for those state agencies audited on a biennial basis. 45,178
Of the foregoing appropriation item 100-405, Agency Audit 45,180
Expenses, $5,000 in each fiscal year shall be used for the Ohio 45,181
Veterans' Children's Home Ex-Pupils Association. 45,182
Of the foregoing appropriation item 100-406, County & 45,184
University Human Resources Services, the Director of 45,185
Administrative Services shall transfer $10,795 in fiscal year 45,186
2000 to the Workforce Development Fund (Fund 5D7) to pay interest 45,187
that should have accrued to the Workforce Development Fund in 45,188
fiscal year 1998. This transfer shall be made using an 45,189
intrastate transfer voucher.
Veterans' Records Conversion 45,191
The office of Veterans Affairs within the Office of the 45,193
Governor shall identify the Merchant Marines who served in the 45,194
war zone in World War II.
Fidelity Bonding Programs 45,196
Pursuant to a written request by the Chief of the Division 45,198
of Wildlife in the Department of Natural Resources, the 45,199
self-insured blanket fidelity bonding program authorized by 45,200
section 9.832 of the Revised Code shall revert to the Division of 45,201
Wildlife effective July 1, 1999. Upon receipt of the chief's 45,202
request, the Department of Administrative Services shall prepare 45,203
a preliminary estimate of the amount of cash held on behalf of 45,204
the Division of Wildlife that is not committed for costs incurred 45,205
by or for the self-insured fidelity bonding program. The 45,206
Director of Administrative Services shall certify such amount to 45,207
the Director of Budget and Management. Upon receipt of the 45,208
certification, the Director of Budget and Management shall 45,209
1025
transfer the amount of cash certified by the Director of 45,210
Administrative Services from the State Insurance Pool (Fund 130) 45,211
to the Wildlife Fund created in section 1531.17 of the Revised 45,212
Code. After transfer of the preliminary estimate of cash to the 45,213
Wildlife Fund, the Department of Administrative Services shall 45,214
reconcile fiscal year 1999 financial activity in the State 45,215
Insurance Pool. The department shall determine the final amount 45,216
of cash to be transferred between the State Insurance Pool and 45,217
the Wildlife Fund. The Director of Budget and Management shall 45,218
transfer the final amount certified to the Wildlife Fund or to 45,219
the State Insurance Pool, as appropriate.
Section 9.02. Ohio Building Authority 45,221
The foregoing appropriation item 100-447, OBA - Building 45,223
Rent Payments, shall be used to meet all payments at the times 45,225
they are required to be made during the period from July 1, 1999, 45,226
to June 30, 2001, by the Department of Administrative Services to 45,227
the Ohio Building Authority pursuant to leases and agreements 45,228
under Chapter 152. of the Revised Code, but limited to the 45,229
aggregate amount of $186,735,000. The foregoing appropriation 45,230
item 100-448, OBA - Building Operating Payments, shall be used to 45,232
meet all payments at the times that they are required to be made 45,233
during the period from July 1, 1999, to June 30, 2001, by the 45,234
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 45,236
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 45,237
pledged for bond service charges on obligations issued pursuant 45,238
to Chapter 152. of the Revised Code. 45,239
The payments to the Ohio Building Authority are for the 45,241
purpose of paying the expenses of agencies that occupy space in 45,242
the various state facilities. The Department of Administrative 45,243
Services may enter into leases and agreements with the Ohio 45,244
Building Authority providing for the payment of such expenses. 45,245
The Ohio Building Authority shall report to the Department of 45,247
1026
Administrative Services and the Office of Budget and Management 45,248
not later than five months after the start of a fiscal year the 45,249
actual expenses incurred by the Ohio Building Authority in 45,250
operating such facilities and any balances remaining from 45,251
payments and rentals received in the prior fiscal year. The 45,252
Department of Administrative Services shall reduce subsequent 45,253
payments by the amount of the balance reported to it by the Ohio 45,254
Building Authority.
Section 9.03. DAS - Building Operating Payments 45,256
The foregoing appropriation item 100-449, DAS - Building 45,258
Operating Payments, shall be used to pay the rent expenses of 45,260
veterans organizations pursuant to section 123.024 of the Revised 45,261
Code in fiscal years 2000 and 2001. 45,262
Notwithstanding section 125.28 of the Revised Code, the 45,264
remaining portion of this appropriation may be used to pay the 45,266
operating expenses of state facilities maintained by the 45,268
Department of Administrative Services that are not billed to 45,270
building tenants. Such expenses may include, but are not limited 45,272
to, the costs for vacant space and space undergoing renovation, 45,273
and the rent expenses of tenants that are relocated due to 45,274
building renovations. 45,275
Such payments shall be processed by the Department of 45,277
Administrative Services through intrastate vouchers and placed in 45,279
the Facilities Management Fund (Fund 132). 45,281
Section 9.04. Equal Opportunity Programs and Minority 45,283
Affairs
The Department of Administrative Services, with the 45,285
approval of the Director of Budget and Management, shall 45,286
establish charges for recovering the costs of administering the 45,287
activities supported by the Equal Opportunity Programs Fund (Fund 45,288
188). These charges shall be deposited to the credit of the 45,290
Equal Opportunity Programs Fund (Fund 188) upon payment made by 45,291
state agencies; state-supported or state-assisted institutions of 45,293
higher education; and tax-supported agencies, municipal 45,294
1027
corporations, or other political subdivisions of the state, for 45,295
services rendered.
The foregoing appropriation item 100-451, Minority Affairs, 45,298
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an access 45,300
point and official representation to multi-cultural communities; 45,301
research and reports on multi-cultural issues; and educational, 45,302
governmental, and other services that foster multi-cultural 45,303
opportunities and understanding in the state of Ohio. 45,304
Minority Business Enterprises (MBEs) and Disadvantaged 45,306
Business Enterprises (DBEs) Predicate Study 45,308
During the 1999-2001 biennium, the Director of 45,310
Administrative Services shall spend $750,000 per year to contract 45,312
with outside experts to complete a predicate study based on
current legal standards that will determine whether minority- and 45,313
women-owned businesses are facing or have faced discrimination in 45,314
the marketplace that justifies a remedy. The study shall provide 45,315
a comprehensive review of procurement and construction data and 45,316
policies and an examination of the geographical commerce 45,317
activity, census data, directories, surveys, and interviews. The 45,318
study analysis shall cover the period since the enactment of Am. 45,319
Sub. H.B. 584 of the 113th General Assembly to the present.
This study must provide documentation of a factual 45,321
predicate as to whether discrimination existed or exists in the 45,322
public and private marketplace to the detriment of minority- and 45,323
women-owned firms. The study should analyze whether there is a 45,324
compelling need for the state MBE program and whether the current
program is properly designed to serve this purpose. 45,325
The Director of Administrative Services shall present the 45,327
results of this study to the Governor and the General Assembly by 45,328
January 1, 2001.
Section 9.05. Central Service Agency Fund 45,330
In order to complete the migration of the licensing 45,332
applications of the professional licensing boards to a local area 45,334
1028
network, the Director of Budget and Management may, at the 45,335
request of the Director of Administrative Services, cancel 45,336
related encumbrances in the Central Service Agency Fund (Fund 45,337
115) and reestablish these encumbrances in fiscal year 2000 for 45,338
the same purpose and to the same vendor. The Director of Budget 45,339
and Management shall reduce the appropriation balance in fiscal 45,340
year 1999 by the amount of encumbrances canceled in Fund 115. As 45,341
determined by the Director of Budget and Management, the 45,342
appropriation authority necessary to reestablish such 45,343
encumbrances or parts of encumbrances in fiscal year 2000 in the 45,344
Central Service Agency Fund (Fund 115) is hereby appropriated. 45,345
The Director of Budget and Management may transfer up to 45,347
$750,000 in fiscal year 2000 and up to $750,000 in fiscal year 45,348
2001 from the Occupational Licensing and Regulatory Fund (Fund 45,349
4K9) to the Central Service Agency Fund (Fund 115). The Director 45,350
of Budget and Management may transfer up to $300,000 in fiscal 45,351
year 2000 and up to $300,000 in fiscal year 2001 from the State 45,352
Medical Board Operating Fund (Fund 5C6) to the Central Service 45,353
Agency Fund (Fund 115). The appropriation item 100-632, Central 45,354
Service Agency, shall be used to purchase the necessary 45,355
equipment, products, and services to install a local area network 45,356
for the professional licensing boards, to improve processing of 45,357
their licensing applications to this fiscal year 2001. 45,359
Appropriation authority equal to the cash transfer is hereby 45,360
appropriated to appropriation item 100-632, Central Service 45,361
Agency.
Section 9.06. Tuition Reimbursement 45,363
Of the foregoing appropriation item 100-622, Human 45,365
Resources Division - Operating, $250,000 in fiscal year 2000 and 45,366
$250,000 in fiscal year 2001 shall be set aside for the District 45,367
1199 Health Care Employees Tuition Reimbursement Program, per 45,368
existing collective bargaining agreements. Of the foregoing 45,369
appropriation item 100-622, Human Resources Division - Operating, 45,370
$75,000 in fiscal year 2000 and $75,000 in fiscal year 2001 shall 45,371
1029
be set aside for the Ohio Education Association Tuition 45,372
Reimbursement Program, per existing collective bargaining 45,373
agreements. The Department of Administrative Services, with the 45,374
approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the 45,375
District 1199 Health Care Employees Tuition Reimbursement Program 45,376
and the Ohio Education Association Tuition Reimbursement Program. 45,377
Receipts for these charges shall be deposited into the Human 45,378
Resources Services Fund (Fund 125). 45,379
Innovation Ohio 45,381
Of the foregoing appropriation item 100-622, Human 45,383
Resources Division - Operating, $174,004 in fiscal year 2000 and 45,384
$178,876 in fiscal year 2001 shall be used for the Innovation 45,385
Ohio program.
Section 9.07. Collective Bargaining Arbitration Expenses 45,388
With approval of the Director of Budget and Management, the 45,390
Department of Administrative Services may seek reimbursement from 45,391
state agencies for the actual costs and expenses the department 45,392
incurs in the collective bargaining arbitration process. Such 45,393
reimbursements shall be processed through intrastate transfer 45,394
vouchers and placed in the Collective Bargaining Fund (Fund 128). 45,395
DAS Building Management 45,397
Of the foregoing appropriation item 100-631, DAS Building 45,399
Management, up to $175,000 may be used to pay office relocation 45,400
and office remodeling costs for the veterans organizations 45,401
designated in section 123.024 of the Revised Code.
Of the foregoing appropriation item 100-631, DAS Building 45,403
Management, up to $193,000 in fiscal year 2000 may be used to pay 45,404
site management and maintenance costs at the Water Tower Park 45,405
Project, formerly known as Coit Road. 45,406
Workforce Development Fund 45,408
There is hereby established in the state treasury the 45,410
Workforce Development Fund (Fund 5D7). The foregoing 45,411
appropriation item 100-621, Workforce Development, shall be used 45,412
1030
to make payments from the fund. The fund shall be under the 45,413
supervision of the Department of Administrative Services, which 45,414
may adopt rules with regard to the administration of the fund. 45,415
The fund shall be used to pay the costs of the Workforce 45,416
Development Program established by Article 37 of the contract 45,417
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 45,418
March 1, 1997. The program shall be administered in accordance 45,419
with the contract. Revenues shall accrue to the fund as 45,420
specified in the contract. The fund may be used to pay direct 45,421
and indirect costs of the program that are attributable to staff, 45,422
consultants, and service providers. All income derived from the 45,423
investment of the fund shall accrue to the fund. 45,424
If it is determined by the Director of Administrative 45,426
Services that additional appropriation amounts are necessary, the 45,427
Director of Administrative Services may request that the Director 45,428
of Budget and Management increase such amounts. Such amounts are 45,429
hereby appropriated. 45,430
Section 9.08. Payroll Withholding Fund 45,432
The foregoing appropriation item 100-629, Payroll 45,434
Deductions, shall be used to make payments from the Payroll 45,435
Withholding Fund (Fund 124). If it is determined by the Director 45,436
of Budget and Management that additional appropriation amounts 45,437
are necessary, such amounts are hereby appropriated. 45,438
Section 9.09. General Services Charges 45,440
The Department of Administrative Services, with the 45,442
approval of the Director of Budget and Management, shall 45,443
establish charges for recovering the costs of administering the 45,444
programs in the General Services Administration Fund (Fund 117) 45,445
and the State Printing Fund (Fund 210). 45,447
Section 9.10. Merchandise for Resale 45,449
The foregoing appropriation item 100-653, General Services 45,451
Resale Merchandise, shall be used to account for merchandise for 45,452
resale, which is administered by the General Services Division. 45,453
Deposits to the fund may comprise the cost of merchandise for 45,454
1031
resale and shipping fees. Notwithstanding any other language to 45,455
the contrary, the Director of Budget and Management may transfer 45,456
up to $150,000 cash from the General Services Resale Merchandise 45,457
Fund (Fund 201) to the General Services Fund (Fund 117) during 45,458
the 1999-2001 biennium. Appropriation item 100-644, General 45,459
Services Division - Operating, shall be used to pay the costs of 45,460
placing the forms distribution inventory on the internet. 45,461
Section 9.11. Unemployment Compensation Fund 45,463
The foregoing appropriation item 100-628, Unemployment 45,465
Compensation, shall be used to make payments from the 45,466
Unemployment Compensation Fund (Fund 113), pursuant to section 45,467
4141.241 of the Revised Code. If it is determined that 45,468
additional amounts are necessary, such amounts are hereby 45,469
appropriated. 45,470
Section 9.12. Governor's Residence Gift 45,472
The foregoing appropriation item 100-604, Governor's 45,474
Residence Gift, shall be used to provide part or all of the 45,475
funding related to construction, goods, or services for the 45,476
Governor's residence. All receipts for this purpose shall be 45,477
deposited into Fund 4H2. 45,478
Section 9.13. Investment Recovery Fund 45,480
Of the foregoing appropriation item 100-602, Investment 45,482
Recovery, up to $1,072,187 in fiscal year 2000 and up to 45,483
$1,057,259 in fiscal year 2001 shall be used to pay the operating 45,485
expenses of the State Surplus Property Program and the Surplus 45,486
Federal Property Program pursuant to Chapter 125. of the Revised 45,487
Code. If additional appropriations are necessary for the 45,488
operations of these programs, the Director of Administrative 45,489
Services shall seek increased appropriations from the Controlling 45,490
Board pursuant to section 131.35 of the Revised Code. 45,491
Of the foregoing appropriation item 100-602, Investment 45,493
Recovery, up to $2,249,340 in fiscal year 2000 and $2,355,742 in 45,494
fiscal year 2001 shall be used to transfer proceeds from the sale 45,496
of surplus property from the Investment Recovery Fund to 45,497
1032
non-General Revenue Funds pursuant to division (A)(2) of section 45,498
125.14 of the Revised Code. If it is determined by the Director 45,499
of Administrative Services that additional appropriations are 45,500
necessary for the transfer of such sale proceeds, the Director of 45,501
Administrative Services may request that the Director of Budget 45,502
and Management increase such amounts. Such amounts are hereby 45,503
appropriated.
Notwithstanding section 125.14 of the Revised Code, cash 45,505
balances in the Investment Recovery Fund may be used to support 45,506
the operating expenses of the Federal Surplus Property Program 45,507
created in sections 125.84 to 125.90 of the Revised Code. 45,508
Section 9.14. Departmental MIS 45,510
The foregoing appropriation item 100-603, Departmental MIS 45,512
Services, may be used to pay operating expenses of management 45,513
information systems activities in the Department of 45,514
Administrative Services. The Department of Administrative 45,515
Services shall establish charges for recovering the costs of 45,516
management information systems activities. These charges shall 45,517
be deposited to the credit of the Departmental MIS Fund (Fund 45,518
4P3), which is hereby created. 45,519
Notwithstanding any other language to the contrary, the 45,521
Director of Budget and Management may transfer up to $3,725,928 45,522
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 45,523
year 2001 appropriations from appropriation item 100-603, 45,524
Departmental MIS Services, to any Department of Administrative 45,525
Services non-General Revenue Fund appropriation item. The 45,527
appropriations transferred shall be used to make payments for 45,528
management information systems services. Notwithstanding any 45,529
other language to the contrary, the Director of Budget and 45,530
Management may transfer up to $654,383 of fiscal year 2000 45,531
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 45,532
Information Services, to any Department of Administrative 45,533
Services appropriation item in the General Revenue Fund. The 45,534
1033
appropriations transferred shall be used to make payments for 45,535
management information systems services. 45,536
Section 9.15. Telecommunications Fund 45,538
Notwithstanding any other provisions of law to the 45,540
contrary, the Telecommunications Fund (Fund 123) created in 45,541
section 125.15 of the Revised Code shall cease to exist, 45,542
effective July 1, 1999. All assets, liabilities, revenues, and 45,543
obligations associated with the Telecommunications Fund are 45,544
hereby transferred to the Computer Services Fund (Fund 133) on 45,545
the effective date of this section.
Information Technology Fund 45,547
Of the foregoing appropriation item 100-607, Information 45,549
Technology Fund, $6,840,467 in fiscal year 2000 and $5,000,000 in 45,550
fiscal year 2001 shall be used for operating expenses of the Y2K 45,551
Competency Center. These moneys may also be used to assist the 45,552
procurement of services and equipment necessary for century date 45,553
conversions.
Section 9.16. Computer Equipment Purchases 45,555
The Director of Administrative Services shall compute the 45,557
amount of revenue attributable to the amortization of all 45,558
equipment purchases from appropriation items 100-607, Information 45,559
Technology Fund; 100-617, Major Computer Purchases; and CAP-837, 45,560
Major Equipment Purchases, which is recovered by the Department 45,561
of Administrative Services as part of the rates charged by Fund 45,562
133, Information Technology Fund. The Director of Budget and 45,563
Management may transfer this cash from Fund 133, Information 45,564
Technology Fund, to Fund 4N6, Equipment Purchases. 45,565
Section 9.17. Multi-Agency Radio Communication System Debt 45,567
Service Payments 45,568
The Director of Administrative Services, in consultation 45,570
with the Multi-Agency Radio Communication System (MARCS) Steering 45,571
Committee and the Director of Budget and Management, shall 45,572
determine the share of debt service payments attributable to 45,573
spending for MARCS components that are not specific to any one 45,574
1034
agency and that shall be charged to agencies supported by the 45,575
motor fuel tax. Such share of debt service payments shall be 45,576
calculated for MARCS capital disbursements made beginning July 1, 45,578
1997. Within thirty days of any payment made from appropriation 45,579
item 100-447, OBA - Building Rent Payments, the Director of 45,580
Administrative Services shall certify to the Director of Budget 45,581
and Management the amount of this share. The Director of Budget 45,582
and Management shall transfer such amounts to the General Revenue 45,583
Fund from the Highway Operating Fund (Fund 002) established in 45,584
section 5735.281 of the Revised Code.
Section 9.18. General Services Refunds 45,586
The foregoing appropriation item 100-646, General Services 45,588
Refunds, shall be used to hold bid guarantee and building plans 45,590
and specifications deposits until they are refunded. The 45,591
Director of Administrative Services may request that the Director 45,592
of Budget and Management transfer cash received for the costs of 45,593
providing the building plans and specifications to contractors 45,594
from the General Services Refund Fund to Fund 131, State 45,595
Architect's Office. Prior to the transfer of cash, the Director 45,597
of Administrative Services shall certify that such amounts are in 45,598
excess of amounts required for refunding deposits and are 45,599
directly related to costs of producing building plans and 45,600
specifications. If it is determined that additional 45,601
appropriations are necessary, such amounts are hereby 45,602
appropriated.
Section 10. AAM COMMISSION ON AFRICAN AMERICAN MALES 45,604
General Revenue Fund 45,606
GRF 036-100 Personal Services $ 549,872 $ 563,069 45,610
GRF 036-200 Maintenance $ 125,750 $ 128,768 45,614
TOTAL GRF General Revenue Fund $ 675,622 $ 691,837 45,617
State Special Revenue Fund Group 45,620
4H3 036-601 Commission on African 45,621
American Males -
Gifts/Grants $ 210,000 $ 210,000 45,623
1035
TOTAL SSR State Special Revenue $ 210,000 $ 210,000 45,627
Fund Group
TOTAL ALL BUDGET FUND GROUP $ 885,622 $ 901,837 45,630
Section 11. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 45,633
General Revenue Fund 45,635
GRF 029-321 Operating Expenses $ 381,126 $ 381,126 45,640
TOTAL GRF General Revenue Fund $ 381,126 $ 381,126 45,643
TOTAL ALL BUDGET FUND GROUPS $ 381,126 $ 381,126 45,646
Operating 45,649
The Chief Administrative Officer of the House of 45,651
Representatives and the Clerk of the Senate shall determine, by 45,652
mutual agreement, which of them shall act as the fiscal agent for 45,654
the Joint Committee on Agency Rule Review.
Section 12. AGE DEPARTMENT OF AGING 45,656
General Revenue Fund 45,658
GRF 490-100 Personal Services $ 2,038,021 $ 2,010,528 45,663
GRF 490-200 Maintenance $ 898,667 $ 916,640 45,667
GRF 490-300 Equipment $ 16,633 $ 16,966 45,671
GRF 490-403 PASSPORT $ 56,400,000 $ 60,300,000 45,675
GRF 490-404 Eldercare $ 211,287 $ 155,200 45,679
GRF 490-408 STARS $ 2,037,000 $ 2,138,850 45,683
GRF 490-409 Americorps Operations $ 320,000 $ 318,000 45,687
GRF 490-410 Long-Term Care 45,689
Ombudsman $ 1,431,251 $ 1,459,876 45,691
GRF 490-411 Senior Community 45,693
Services $ 13,843,032 $ 14,168,112 45,695
GRF 490-412 Residential State 45,697
Supplement $ 12,000,000 $ 12,800,000 45,699
GRF 490-414 Alzheimers Respite $ 3,027,217 $ 4,527,217 45,703
GRF 490-418 Area Agency on Aging 45,705
Region 9, Inc. $ 77,036 $ 0 45,708
GRF 490-499 Senior Employment 45,710
Program $ 15,504 $ 15,892 45,712
GRF 490-504 Senior Facilities $ 366,354 $ 375,146 45,716
1036
GRF 490-506 Senior Volunteers $ 495,541 $ 506,714 45,720
TOTAL GRF General Revenue Fund $ 93,177,543 $ 99,709,141 45,723
General Services Fund Group 45,726
480 490-606 Senior Citizens 45,729
Services Special
Events $ 347,422 $ 355,760 45,731
TOTAL GSF General Services Fund 45,732
Group $ 347,422 $ 355,760 45,735
Federal Special Revenue Fund Group 45,738
3C4 490-607 PASSPORT $ 115,382,758 $ 125,869,741 45,743
3M3 490-611 Federal Aging 45,745
Nutrition $ 23,487,872 $ 25,010,161 45,747
3M4 490-612 Federal Supportive 45,749
Services $ 16,806,644 $ 18,537,855 45,751
3R7 490-617 Americorps Programs $ 6,116,058 $ 6,408,865 45,755
322 490-618 Older Americans 45,757
Support Services $ 11,054,648 $ 11,946,028 45,760
TOTAL FED Federal Special Revenue 45,761
Fund Group $ 172,847,980 $ 187,772,650 45,764
State Special Revenue Fund Group 45,767
4C4 490-609 Regional Long-Term 45,770
Care Ombudsman 45,771
Program $ 420,614 $ 430,709 45,773
4H1 490-603 Aging Services $ 681,087 $ 697,433 45,777
4J4 490-610 PASSPORT/Residential 45,779
State Supplement $ 24,000,000 $ 24,000,000 45,781
4U9 490-602 PASSPORT Fund $ 7,300,000 $ 7,500,000 45,785
TOTAL SSR State Special Revenue 45,786
Fund Group $ 32,401,701 $ 32,628,142 45,789
TOTAL ALL BUDGET FUND GROUPS $ 298,774,646 $ 320,465,693 45,792
Section 12.01. Pre-Admission Review for Nursing Facility 45,795
Admission 45,796
Pursuant to sections 5101.751 and 5101.754 of the Revised 45,799
Code and an interagency agreement, the Department of Human 45,800
1037
Services shall designate the Department of Aging to perform 45,802
assessments under sections 5101.75 and 5111.204 of the Revised 45,804
Code. Of the foregoing appropriation item 490-403, PASSPORT, the 45,806
Department of Aging may use not more than $2,200,000 in fiscal 45,807
year 2000 and $2,332,000 in fiscal year 2001 to perform the 45,809
assessments for persons not eligible for Medicaid in accordance 45,810
with the department's interagency agreement with the Department 45,812
of Human Services in fiscal year 2000 and with the Department of 45,813
Job and Family Services in fiscal year 2001 and to assist
individuals in planning for their long-term health care needs. 45,815
Section 12.02. PASSPORT 45,817
Appropriation item 490-403, PASSPORT, and the amounts set 45,819
aside for the PASSPORT Waiver Program in appropriation item 45,820
490-610, PASSPORT/Residential State Supplement, may be used to 45,822
assess clients regardless of Medicaid eligibility. 45,823
The Director of Aging shall adopt rules in accordance with 45,825
section 111.15 of the Revised Code governing the nonwaiver funded 45,826
PASSPORT program, including client eligibility. 45,827
The Department of Aging shall administer the Medicaid 45,829
Waiver funded PASSPORT Home Care program as delegated by the 45,830
Department of Human Services in an interagency agreement. The 45,831
foregoing appropriation items 490-403, PASSPORT, 490-603, Aging 45,832
Services, and the amounts set aside for the PASSPORT Waiver 45,834
Program in appropriation item 490-610, PASSPORT/Residential State 45,835
Supplement, shall be used to provide the required state match for 45,837
federal Medicaid funds supporting the Medicaid Waiver funded 45,838
PASSPORT Home Care program. Appropriation item 490-403, 45,839
PASSPORT, and the amounts set aside for the PASSPORT Waiver 45,840
Program in appropriation item 490-610, PASSPORT/Residential State 45,841
Supplement, may also be used to support the Department of Aging's 45,843
administrative costs associated with operating the PASSPORT 45,844
program.
The foregoing appropriation item 490-607, PASSPORT, shall 45,846
be used to provide the federal matching share for all PASSPORT 45,847
1038
program costs determined by the Department of Human Services to 45,848
be eligible for Medicaid reimbursement. 45,849
Eldercare Pilot 45,851
The foregoing appropriation item 490-404, Eldercare, shall 45,854
be used to fund the existing eldercare service programs and shall 45,855
be limited to providing services to those persons who are 45,856
enrolled in these programs on the effective date of this section. 45,857
STARS 45,859
The STARS (Seniors Teaching and Reaching Students) program 45,861
shall maintain at least one program in a rural district. 45,863
Senior Community Services 45,865
The foregoing appropriation item 490-411, Senior Community 45,867
Services, shall be used for services designated by the Department 45,869
of Aging including, but not limited to, home-delivered meals, 45,871
transportation services, personal care services, respite 45,873
services, home repair, and care coordination. The Department of 45,875
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 45,877
income, frail, and cognitively impaired persons age 60 and over. 45,879
The department shall promote cost sharing by service recipients 45,881
for those services funded with block grant funds, including, 45,883
where possible, sliding-fee scale payment systems based on the 45,885
income of service recipients.
Of the foregoing appropriation item 490-411, Senior 45,887
Community Services, $100,000 in each fiscal year shall be for the 45,888
Visiting Nurses Association of Cleveland. 45,889
Of the foregoing appropriation item 490-411, Senior 45,891
Community Services, $98,000 in each fiscal year shall be for the 45,892
Parma Nutrition Program.
Of the foregoing appropriation item 490-411, Senior 45,894
Community Services, $100,000 in each fiscal year shall be for the 45,895
provision of transportation services for seniors by Jewish 45,896
Federations around the state. 45,897
Alzheimers Respite 45,899
1039
The foregoing appropriation item 490-414, Alzheimers 45,901
Respite, shall be used only to fund Alzheimer's disease services 45,903
under section 173.04 of the Revised Code.
Residential State Supplement 45,905
Of the foregoing appropriation item 490-412, Residential 45,907
State Supplement, $800,000 in fiscal year 2001 shall be used to 45,908
increase, by at least $24, both the monthly benefit payments to 45,910
Residential State Supplement recipients and the allowable fee the 45,911
Residential State Supplement recipient pays to the provider of 45,912
the approved living arrangement.
Under the Residential State Supplement Program, $850 shall 45,915
be the amount used for determining whether a resident of a 45,916
residential care facility, as defined in section 3721.01 of the 45,918
Revised Code, is eligible for payments under the program and for 45,919
determining the amount per month an eligible resident will 45,920
receive. The Departments of Aging and Human Services shall 45,921
reflect this amount in any applicable rules the departments adopt 45,922
under section 173.35 of the Revised Code. 45,923
The $850 amount shall be increased by at least $24 to 45,925
reflect the $800,000 increase in funding for the Residential 45,926
State Supplement program set aside in fiscal year 2001 in 45,927
appropriation item 490-412.
Transfer of Residential State Supplement Appropriations 45,929
The Department of Aging may transfer cash by intrastate 45,931
transfer vouchers from the foregoing appropriation items 490-412, 45,933
Residential State Supplement, and 490-610, PASSPORT/Residential 45,935
State Supplement, to the Department of Human Services' Fund 4J5, 45,937
Home and Community-Based Services for the Aged Fund. The funds 45,939
shall be used to make benefit payments to Residential State 45,941
Supplement recipients.
Long-Term Care Ombudsman 45,943
The foregoing appropriation item 490-410, Long-Term Care 45,945
Ombudsman, shall be used for a program to fund ombudsman program 45,948
activities in nursing homes, adult care facilities, boarding 45,949
1040
homes, and home and community care services. 45,950
Senior Volunteers 45,952
Of the foregoing appropriation item 490-506, Senior 45,954
Volunteers, in fiscal year 2000, $232,904 shall be for the 45,955
Retired Senior Volunteer Program, $113,975 shall be for the 45,956
Foster Grandparent Program, and $148,662 shall be for the Senior 45,957
Companion Program. In fiscal year 2001, $238,156 shall be for
the Retired Senior Volunteer Program, $116,544 shall be for the 45,958
Foster Grandparent Program, and $152,014 shall be for the Senior 45,959
Companion Program.
Regional Long-Term Care Ombudsman Programs 45,961
The foregoing appropriation item 490-609, Regional 45,963
Long-Term Care Ombudsman Programs, shall be used solely to pay 45,966
the costs of operating the regional long-term care ombudsman 45,967
programs.
PASSPORT/Residential State Supplement 45,969
Of the foregoing appropriation item 490-610, 45,971
PASSPORT/Residential State Supplement, up to $2,835,000 each 45,972
fiscal year shall be used to fund the Residential State 45,974
Supplement program. The remaining available funds shall be used 45,975
to fund the PASSPORT program. 45,976
Section 12.03. Residential State Supplement 45,978
If the Department of Aging, in consultation with the 45,980
Director of Budget and Management, determines that available 45,981
funding is insufficient to make payments to all eligible 45,982
individuals, the department may establish priority policies to 45,983
further limit eligibility criteria. 45,984
Transfer of Appropriations - Federal Aging Nutrition, 45,986
Federal Supportive Services, and Older Americans Support Services 45,988
Upon written request of the Director of the Department of 45,990
Aging, the Director of Budget and Management may transfer 45,992
appropriation authority among line items 490-611, Federal Aging 45,994
Nutrition, 490-612, Federal Supportive Services, and 490-618, 45,996
Older Americans Support Services, in amounts not to exceed 30 per
1041
cent of the appropriation from which the transfer is made. The 45,998
Department of Aging shall report such transfers to the 46,000
Controlling Board at the next regularly scheduled meeting of the 46,002
board.
Americorps 46,004
The foregoing appropriation items 490-409, Americorps 46,006
Operations, and 490-617, Americorps Programs, shall be used in 46,008
accordance with section 121.40 of the Revised Code. 46,009
Section 12.04. As used in this section, "PASSPORT Program" 46,011
means the program created by section 173.40 of the Revised Code. 46,012
Not later than ninety days after the effective date of this 46,014
section, the Department of Aging shall begin a study to determine 46,015
the best means of increasing reimbursement rates for providers of 46,016
adult day-care services under the PASSPORT Program. In making 46,017
the determination, the department shall recognize the differences 46,018
between core, enhanced, and intensive levels of care provided by 46,019
providers of adult day-care services due to the acuity levels of 46,020
clients and other factors. The department shall exclude 46,021
transportation and bathing from adult day-care services in the 46,022
study. The department shall include in the study a proposal to 46,023
increase reimbursement rates for the three different levels of 46,024
care and a fiscal analysis of the proposed increased rates. 46,025
Section 13. AGR DEPARTMENT OF AGRICULTURE 46,027
General Revenue Fund 46,029
GRF 700-321 Operating Expenses $ 3,238,140 $ 3,257,801 46,034
GRF 700-401 Animal Disease 46,036
Control $ 4,068,075 $ 4,058,066 46,038
GRF 700-402 Amusement Ride Safety $ 324,839 $ 320,887 46,042
GRF 700-403 Milk Lab Program $ 1,625,380 $ 1,626,907 46,046
GRF 700-404 Ohio Proud $ 268,859 $ 271,720 46,050
GRF 700-405 Animal Damage Control $ 110,493 $ 111,135 46,054
GRF 700-406 Consumer Analytical 46,056
Lab $ 828,046 $ 817,680 46,058
1042
GRF 700-407 Foods, Dairies, and 46,060
Drugs $ 1,528,717 $ 1,519,869 46,062
GRF 700-409 Farmland Preservation $ 188,942 $ 188,892 46,066
GRF 700-410 Plant Industry $ 1,669,128 $ 1,652,998 46,070
GRF 700-411 International Trade 46,072
and Market
Development $ 1,175,427 $ 1,176,063 46,074
GRF 700-412 Weights and Measures $ 1,064,691 $ 1,066,207 46,078
GRF 700-413 Gypsy Moth Prevention $ 384,232 $ 384,864 46,082
GRF 700-415 Poultry Inspection $ 296,552 $ 297,964 46,086
GRF 700-424 Livestock Testing and 46,088
Inspections $ 250,839 $ 255,659 46,090
GRF 700-499 Meat Inspection Match $ 4,651,662 $ 4,604,566 46,094
GRF 700-501 County Agricultural 46,096
Societies $ 455,900 $ 466,842 46,098
GRF 700-503 Swine and Cattle 46,100
Breeder Awards $ 121,250 $ 124,160 46,102
TOTAL GRF General Revenue Fund $ 22,251,172 $ 22,202,280 46,105
Federal Special Revenue Fund Group 46,108
3J4 700-607 Indirect Cost $ 785,968 $ 783,080 46,113
3R2 700-614 Federal Plant 46,115
Industry $ 506,539 $ 492,198 46,117
326 700-618 Meat Inspection 46,119
Service $ 4,451,662 $ 4,444,566 46,121
336 700-617 Ohio Farm Loan 46,123
Revolving Fund $ 194,180 $ 194,180 46,125
382 700-601 Cooperative Contracts $ 697,631 $ 712,631 46,129
TOTAL FED Federal Special Revenue 46,130
Fund Group $ 6,635,980 $ 6,626,655 46,133
State Special Revenue Fund Group 46,136
4C9 700-605 Feed, Fertilizer, and 46,139
Lime Inspection $ 791,987 $ 767,311 46,141
4E4 700-606 Utility Radiological 46,143
Safety $ 100,211 $ 99,733 46,145
1043
4P7 700-610 Food Safety $ 237,871 $ 237,453 46,149
4R0 700-636 Ohio Proud Marketing $ 26,291 $ 26,922 46,153
4R2 700-637 Dairy Inspection Fund $ 2,293,385 $ 2,286,261 46,157
4T6 700-611 Poultry and Meat 46,159
Inspection $ 67,002 $ 66,751 46,161
4T7 700-613 International Trade 46,163
Fund $ 29,446 $ 30,153 46,165
4V0 700-602 License Fees $ 33,158 $ 33,954 46,169
4V5 700-615 Animal Industry Lab 46,171
Fund $ 13,146 $ 13,461 46,173
493 700-603 Fruits and Vegetables $ 377,621 $ 377,596 46,177
494 700-612 Agricultural 46,179
Commodity Marketing
Program $ 217,206 $ 222,419 46,181
496 700-626 Ohio Grape Industries $ 534,519 $ 531,474 46,185
497 700-627 Commodity Handlers 46,187
Regulatory Program $ 853,883 $ 850,342 46,189
5H2 700-608 Metrology Lab $ 56,412 $ 57,766 46,193
578 700-620 Ride Inspection Fees $ 419,220 $ 403,787 46,197
579 700-630 Scale Certification $ 237,387 $ 237,507 46,201
652 700-634 Laboratory Services $ 1,030,008 $ 1,037,518 46,205
669 700-635 Pesticide Program $ 1,552,133 $ 1,532,077 46,209
TOTAL SSR State Special Revenue
Fund Group $ 8,870,886 $ 8,812,485 46,212
TOTAL ALL BUDGET FUND GROUPS $ 37,758,038 $ 37,641,420 46,215
Nursery Field Inspectors 46,218
Of the foregoing appropriation item 700-410, Plant 46,220
Industry, $100,000 in each fiscal year shall be used for nursery 46,221
field inspectors.
Poultry Inspector 46,223
Of the foregoing appropriation item 700-415, Poultry 46,225
Inspection, $35,000 in each fiscal year shall be used to pay for 46,226
an additional poultry inspector.
Ohio Cattletrax Network 46,228
1044
Of the foregoing appropriation item 700-424, Livestock 46,230
Testing and Inspections, $50,000 in each fiscal year shall be 46,231
used for the Ohio Cattletrax Network. 46,232
Exotic Meat Inspection 46,234
Of the foregoing appropriation item 700-499, Meat 46,236
Inspection Match, $10,000 in fiscal year 2000 and $10,000 in 46,237
fiscal year 2001 shall be used for the inspection of exotic meat. 46,238
Section 14. AIR AIR QUALITY DEVELOPMENT AUTHORITY 46,240
Agency Fund Group 46,242
4Z9 898-602 Small Business 46,245
Ombudsman $ 204,600 $ 209,579 46,247
5A0 898-603 Small Business 46,249
Assistance $ 184,140 $ 188,500 46,251
570 898-601 Operating Expenses $ 217,732 $ 223,000 46,255
TOTAL AGY Agency Fund Group $ 606,472 $ 621,079 46,258
TOTAL ALL BUDGET FUND GROUPS $ 606,472 $ 621,079 46,261
Section 15. ADA DEPARTMENT OF ALCOHOL AND 46,264
DRUG ADDICTION SERVICES 46,265
General Revenue Fund 46,267
GRF 038-321 Operating Expenses $ 1,549,614 $ 2,532,505 46,272
GRF 038-401 Alcohol and Drug 46,274
Addiction Services $ 32,481,379 $ 32,818,617 46,276
GRF 038-404 Prevention Services $ 1,589,136 $ 1,455,436 46,280
TOTAL GRF General Revenue Fund $ 35,620,129 $ 36,806,558 46,283
Federal Special Revenue Fund Group 46,286
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 46,291
3G4 038-614 Substance Abuse Block 46,293
Grant $ 61,964,608 $ 61,964,607 46,295
3H8 038-609 Demonstration Grants $ 2,999,879 $ 2,355,089 46,299
3J8 038-610 Medicaid $ 21,500,000 $ 21,500,000 46,303
3N8 038-611 Administrative 46,305
Reimbursement $ 932,509 $ 335,703 46,307
TOTAL FED Federal Special Revenue 46,308
Fund Group $ 91,749,561 $ 90,507,964 46,311
1045
State Special Revenue Fund Group 46,314
4C5 038-606 Revolving 46,317
Loans/Recovery Homes $ 20,460 $ 20,972 46,319
475 038-621 Statewide Treatment 46,321
and Prevention $ 15,897,330 $ 16,338,475 46,323
5B7 038-629 TANF Transfer - 46,325
Treatment $ 1,500,000 $ 2,000,000 46,327
5E8 038-630 TANF Transfer - 46,329
Mentoring $ 123,864 $ 271,424 46,331
689 038-604 Education and 46,333
Conferences $ 255,516 $ 260,624 46,335
TOTAL SSR State Special Revenue 46,336
Fund Group $ 17,797,170 $ 18,891,495 46,339
TOTAL ALL BUDGET FUND GROUPS $ 145,166,860 $ 146,206,017 46,342
Operating Expenses 46,345
Of the foregoing appropriation item 038-321, Operating 46,347
Expenses, $1,000,000 in fiscal year 2001 shall be set aside for 46,348
the operations of the Allman Building and the Eyman Building at 46,349
the Massillon Psychiatric Center.
Vocational Rehabilitation Services Agreement 46,351
The Department of Alcohol and Drug Addiction Services and 46,353
the Rehabilitation Services Commission shall enter into an 46,354
interagency agreement for the provision of vocational 46,355
rehabilitation services and staff to mutually eligible clients. 46,356
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, an amount up to $171,395 in fiscal year 2000 46,358
and $171,395 in fiscal year 2001 may be transferred to the 46,359
Rehabilitation Services Commission appropriation item 415-618, 46,360
Third Party Funding, to provide vocational rehabilitation 46,361
services and staff in accordance with the interagency agreement. 46,362
Treatment Services Expansion 46,364
Of the foregoing appropriation item 038-401, Alcohol and 46,366
Drug Addiction Services, $5,000,000 in fiscal year 2000 and 46,368
$5,000,000 in fiscal year 2001 shall be used by the Department of 46,370
1046
Alcohol and Drug Addiction Services to expand community-based 46,371
treatment of nonviolent offenders, rural treatment services, and 46,372
treatment services to persons under 100 per cent of the federal
poverty guidelines. 46,373
Funding for the Client Engagement and Treatment Outcomes 46,375
Study
Of the foregoing appropriation item 038-401, Alcohol and 46,377
Drug Addiction Services, $150,000 in fiscal year 2000 and 46,378
$150,000 in fiscal year 2001 shall be used to fund the study 46,380
required in this section under the heading "Client Engagement and 46,381
Treatment Outcomes Study." The funds shall be allocated to
participating boards for the cost of data collection, 46,382
professional contact with discharged clients, and providing 46,383
non-Medicaid reimbursable supports or services to clients, which 46,384
will aid in relapse prevention or client re-engagement, if 46,385
relapse has occurred. The Department shall use no more than five 46,386
per cent of these funds for administration.
Alcohol and Drug Addiction Services Transfer 46,388
The foregoing appropriation item 038-629, TANF 46,390
Transfer-Treatment, shall be used to provide substance abuse 46,391
prevention and treatment services to children, or their families, 46,392
whose income is at or below 200 per cent of the official income 46,393
poverty guideline. 46,394
The foregoing appropriation item 038-630, TANF 46,396
Transfer-Mentoring, shall be used to fund adolescent youth 46,397
mentoring programs for children, or their families, whose income 46,398
is at or below 200 per cent of the official income poverty 46,399
guideline. The Director of Alcohol and Drug Addiction Services 46,400
and the Directors of Human Services and Job and Family Services 46,402
shall develop operating and reporting guidelines for these 46,403
programs.
Community Treatment Services 46,405
Of the foregoing appropriation item 038-401, Alcohol and 46,407
Drug Addiction Services, $100,000 in each fiscal year shall go to 46,408
1047
the Stark County Alcohol and Drug Addiction Services Center to 46,409
provide treatment services. 46,410
Of the foregoing appropriation item 038-401, Alcohol and 46,412
Drug Addiction Services, $400,000 in each fiscal year shall go to 46,413
the Bellfaire/Jewish Children's Bureau to provide substance abuse 46,414
treatment services.
Of the foregoing appropriation item 038-401, Alcohol and 46,416
Drug Addiction Services, $75,000 in each fiscal year shall be for 46,417
the Talbert House.
Parent Awareness Task Force 46,419
The Parent Awareness Task Force shall study ways to engage 46,421
more parents in activities, coalitions, and educational programs 46,422
in Ohio relating to alcohol and other drug abuse prevention. Of 46,423
the foregoing appropriation item 038-404, Prevention Services, 46,424
$30,000 in each fiscal year may be used to support the functions 46,425
of the Parent Awareness Task Force.
Prevention Services 46,427
Of the foregoing appropriation item 038-404, Prevention 46,429
Services, $160,000 in fiscal year 2000 shall be distributed in 46,430
equal shares to all Urban Minority Alcohol and Drug Abuse 46,431
Outreach Programs in the state.
Fund Adjustments 46,433
Effective July 1, 1999, or as soon thereafter as possible, 46,435
the Director of Budget and Management shall transfer the cash 46,437
balance in the Driver's Treatment and Intervention Fund (Fund 46,438
474), which is abolished in division (L)(2)(a) of section 46,439
4511.191 of the Revised Code, as amended by this act, to the
Statewide Treatment and Prevention Fund (Fund 475), which is 46,441
created in section 4301.30 of the Revised Code and was formerly 46,442
named the Alcoholism Detoxification Centers Fund. The director
shall cancel any existing encumbrances against appropriation item 46,444
038-628, DWI Treatment (Fund 474), and reestablish them against 46,445
appropriation item 038-621, Statewide Treatment and Prevention,
Fund 475. The amounts of the reestablished encumbrances are 46,446
1048
hereby appropriated. 46,447
Client Engagement and Treatment Outcomes Study 46,450
(A) Not later than thirty days after the effective date of 46,452
this section, the Department of Alcohol and Drug Addiction 46,453
Services shall convene a study council for the purpose of 46,454
studying client engagement and treatment outcomes. The council 46,455
shall include, at a minimum, representatives of at least four 46,456
different boards of alcohol, drug addiction, and mental health 46,457
services serving urban and rural alcohol, drug addiction, and 46,458
mental health service districts; representatives of certified 46,459
alcohol and drug addiction programs under contract with boards of 46,460
alcohol, drug addiction, and mental health services to provide 46,461
comprehensive addiction services; and other professionals with 46,462
interest or expertise in client engagement and treatment 46,463
outcomes. The department shall recruit persons who have 46,464
successfully completed the treatment goals of an individualized 46,465
treatment plan developed by the type of alcohol and drug 46,466
addiction program represented on the council to volunteer as 46,467
subjects of the study. As a condition of volunteering to be a 46,468
subject, a person must consent in accordance with section 3793.13 46,469
of the Revised Code to the study council receiving and using in 46,470
the study the person's records and information that otherwise are 46,471
confidential under that section.
(B) The study council shall do all of the following: 46,473
(1) Conduct the study for two years; 46,475
(2) Design the study; 46,477
(3) Use at least the following methodologies in conducting 46,479
the study: 46,480
(a) Having a professional contact a subject of the study 46,482
on the fifteenth, thirtieth, sixtieth, one hundred eightieth, and 46,483
three hundred sixtieth day after the subject's discharge from 46,485
treatment;
(b) In the case of a subject involved in the criminal 46,487
justice system, having a review conducted of court-ordered 46,488
1049
testing and other existing records available to the council; 46,489
(c) Having a subject's family, neighbors, or employer 46,491
contacted if the subject gives permission for the contact. 46,492
(4) Establish requirements for the study's conduct, 46,494
including the method of collecting data and analyzing the data; 46,495
(5) Collect data with which to measure outcome variables, 46,497
including relapse, criminal recidivism, and employment status 46,498
among the subjects of the study; 46,499
(6) Determine the most successful means of, and time 46,501
frames for, intervening with the subjects of the study after 46,502
discharge from alcohol and drug addiction treatment to prevent 46,503
relapse, maximize life stability, and, in the case of subjects 46,504
who relapse, intervene as early as possible to assist them in 46,505
participating in appropriate services and activities; 46,506
(7) Recommend changes to existing statewide clinical 46,508
protocols and quality standards for publicly funded alcohol and 46,509
drug addiction treatment services with the goal of reducing rates 46,510
of relapse after treatment discharge; 46,511
(8) Issue progress reports to the department as required 46,513
by the department; 46,514
(9) Not later than ninety days after the conclusion of the 46,516
study, issue a final report to the department, the Speaker and 46,517
Minority Leader of the House of Representatives, and the 46,518
President and Minority Leader of the Senate. The final report 46,519
shall contain the council's recommendations for changes to state 46,520
law and rules with the goal of improving clinical quality and 46,521
reducing rates of relapse following treatment discharge. 46,522
(C) The study council shall cease to exist on completion 46,524
of its final report. 46,525
(D) The department shall look for and pursue funding 46,527
available to support the work of the study council, including any 46,528
funding available from the United States Substance Abuse and 46,529
Mental Health Services Administration and private charitable 46,530
foundations.
1050
Section 16. AMB AMBULANCE LICENSING BOARD 46,532
General Services Fund Group 46,534
4N1 915-601 Operating Expenses $ 238,563 $ 235,570 46,539
TOTAL GSF General Services 46,540
Fund Group $ 238,563 $ 235,570 46,543
TOTAL ALL BUDGET FUND GROUPS $ 238,563 $ 235,570 46,546
Section 17. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 46,549
General Services Fund Group 46,551
4K9 891-609 Operating Expenses $ 430,407 $ 430,473 46,556
TOTAL GSF General Services Fund 46,557
Group $ 430,407 $ 430,473 46,560
TOTAL ALL BUDGET FUND GROUPS $ 430,407 $ 430,473 46,563
Section 18. ART OHIO ARTS COUNCIL 46,567
General Revenue Fund 46,569
GRF 370-100 Personal Services $ 2,152,354 $ 2,183,954 46,574
GRF 370-200 Maintenance $ 565,024 $ 578,585 46,578
GRF 370-300 Equipment $ 33,500 $ 34,304 46,582
GRF 370-502 Program Subsidies $ 13,705,728 $ 13,482,842 46,586
TOTAL GRF General Revenue Fund $ 16,456,606 $ 16,279,685 46,589
General Services Fund Group 46,592
4B7 370-603 Per Cent for Art 46,595
Acquisitions $ 81,066 $ 83,012 46,597
460 370-602 Gifts and Donations $ 121,661 $ 124,368 46,601
TOTAL GSF General Services Fund 46,602
Group $ 202,727 $ 207,380 46,605
Federal Special Revenue Fund Group 46,608
314 370-601 Federal Programs $ 664,600 $ 664,600 46,613
TOTAL FED Federal Special Revenue 46,614
Fund Group $ 664,600 $ 664,600 46,617
TOTAL ALL BUDGET FUND GROUPS $ 17,323,933 $ 17,151,665 46,620
Program Subsidies 46,623
A museum is not eligible to receive funds from 46,625
appropriation item 370-502, Program Subsidies, if $8,000,000 or 46,626
more in capital appropriations were appropriated by the state for 46,627
1051
the museum between January 1, 1986, and December 31, 2000. 46,628
Per Cent for Art Acquisitions 46,630
The unobligated balance remaining from prior projects of 46,632
appropriation item 370-603, Per Cent for Art Acquisitions, shall 46,634
be used by the Ohio Arts Council to pay for start-up costs in 46,635
connection with the selection of artists of new Per Cent for Art 46,636
projects.
In accordance with section 3379.10 of the Revised Code, the 46,638
Director of Budget and Management shall determine which 46,639
appropriations in this act are subject to the Per Cent for the 46,640
Arts Program. Not later than forty-five days after the effective 46,641
date of this section, the Director of Budget and Management shall 46,642
submit to the Director of the Ohio Arts Council and the 46,643
Controlling Board a report detailing the affected capital 46,644
projects by agency and appropriation item number, the amount of 46,646
the appropriation, and the amount of the appropriation reserved 46,647
for the Per Cent for the Arts Program.
Section 19. AFC OHIO ARTS AND SPORTS FACILITIES 46,650
COMMISSION 46,651
General Revenue Fund 46,653
GRF 371-321 Operating Expenses $ 908,925 $ 940,557 46,658
GRF 371-401 Lease Rental Payments $ 24,400,000 $ 32,600,000 46,662
TOTAL GRF General Revenue Fund $ 25,308,925 $ 33,540,557 46,665
General Services Fund Group 46,668
4T8 371-601 Riffe Theatre 46,671
Equipment Maintenance $ 21,622 $ 22,141 46,673
TOTAL GSF General Services Fund 46,674
Group $ 21,622 $ 22,141 46,677
TOTAL ALL BUDGET FUND GROUPS $ 25,330,547 $ 33,562,698 46,680
Capital Donations Fund 46,683
The Executive Director of the Arts and Sports Facilities 46,685
Commission shall certify to the Director of Budget and Management 46,686
the amount of cash receipts and related investment income, 46,687
irrevocable letters of credit from a bank or private nonprofit 46,688
1052
entity, or certification of the availability of funds which have 46,689
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 46,690
appropriation item 371-602, Capital Donations. Prior to 46,692
certifying these amounts to the director, the executive director 46,693
shall make a written agreement with the participating entity on 46,694
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 46,695
Capital Donations Fund Refunds 46,697
At the request of the Arts and Sports Facilities 46,699
Commission, the Director of Budget and Management shall cancel 46,700
current and prior-year encumbrances in appropriation item 46,701
371-602, Capital Donations Fund, which are no longer needed for a 46,702
project to refund excess donations as authorized in section
3383.08 of the Revised Code. As determined by the Director of 46,703
Budget and Management, the appropriation authority necessary to 46,704
make the refund is hereby appropriated. 46,705
Ohio Building Authority Lease Payments 46,707
Appropriations to the Arts and Sports Facilities Commission 46,709
from the General Revenue Fund include $57,000,000 for the 46,710
biennium for appropriation item 371-401, Lease Rental Payments. 46,711
This appropriation shall be used for payments to the Ohio 46,712
Building Authority for the period July 1, 1999, to June 30, 2001, 46,713
pursuant to the primary leases and agreements for those buildings 46,714
made under Chapter 152. of the Revised Code which are the source 46,715
of funds pledged for bond service charges on related obligations 46,716
issued pursuant to Chapter 152. of the Revised Code. 46,717
Section 20. ATH ATHLETIC COMMISSION 46,719
Special Services Fund Group 46,721
4K9 175-609 Athletic Commission - 46,724
Operating $ 137,640 $ 137,946 46,726
TOTAL GSF General Services Fund $ 137,640 $ 137,946 46,729
Group
TOTAL ALL BUDGET FUND GROUPS $ 137,640 $ 137,946 46,732
1053
Section 21. AGO ATTORNEY GENERAL 46,735
General Revenue Fund 46,737
GRF 055-321 Operating Expenses $ 56,417,407 $ 60,440,184 46,742
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 46,746
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 46,750
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 46,754
TOTAL GRF General Revenue Fund $ 57,693,210 $ 61,751,710 46,757
General Services Fund Group 46,760
106 055-612 General Reimbursement $ 12,452,999 $ 12,810,180 46,765
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 46,769
195 055-660 Workers' Compensation 46,771
Section $ 6,646,301 $ 6,794,833 46,773
4Y7 055-608 Title Defect 46,775
Rescission $ 785,800 $ 807,141 46,777
4Z2 055-609 BCI Asset Forfeiture 46,779
and Cost
Reimbursement $ 308,400 $ 317,035 46,781
418 055-615 Charitable 46,783
Foundations $ 1,460,757 $ 1,498,158 46,785
420 055-603 Attorney General 46,787
Antitrust $ 420,108 $ 426,184 46,789
421 055-617 Police Officers' 46,791
Training Academy Fee $ 1,035,353 $ 1,062,272 46,793
5A9 055-618 Telemarketing Fraud 46,795
Enforcement $ 50,000 $ 50,000 46,797
590 055-633 Peace Officer Private 46,799
Security Fund $ 85,962 $ 90,790 46,801
629 055-636 Corrupt Activity 46,803
Investigation and
Prosecution $ 100,503 $ 103,317 46,805
631 055-637 Consumer Protection 46,807
Enforcement $ 1,090,936 $ 1,103,555 46,809
TOTAL GSF General Services Fund 46,810
Group $ 25,501,778 $ 26,179,934 46,813
1054
Federal Special Revenue Fund Group 46,815
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 46,820
3R6 055-613 Attorney General 46,822
Federal Funds $ 1,000,000 $ 1,000,000 46,824
306 055-620 Medicaid Fraud 46,826
Control $ 2,515,772 $ 2,515,772 46,828
381 055-611 Civil Rights Legal 46,830
Service $ 315,329 $ 315,329 46,832
383 055-634 Crime Victims 46,834
Assistance $ 8,000,000 $ 6,500,000 46,836
TOTAL FED Federal Special Revenue 46,837
Fund Group $ 14,481,101 $ 12,981,101 46,840
State Special Revenue Fund Group 46,843
108 055-622 Crime Victims 46,846
Compensation $ 4,039,318 $ 4,142,419 46,848
176 055-625 Victims Assistance 46,850
Office $ 374,768 $ 384,353 46,852
177 055-626 Victims Assistance 46,854
Programs $ 1,745,612 $ 1,794,489 46,856
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 46,860
417 055-621 Domestic Violence 46,862
Shelter $ 13,458 $ 13,835 46,864
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 46,868
659 055-641 Solid and Hazardous 46,870
Waste Background
Investigations $ 756,162 $ 775,535 46,872
TOTAL SSR State Special Revenue 46,873
Fund Group $ 27,408,071 $ 28,032,538 46,876
Holding Account Redistribution Fund Group 46,879
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 46,884
R04 055-631 General Holding 46,886
Account $ 75,000 $ 75,000 46,888
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 46,892
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 46,896
1055
R42 055-601 Organized Crime 46,898
Commission Account $ 200,000 $ 200,000 46,900
TOTAL 090 Holding Account 46,901
Redistribution Fund Group $ 1,040,600 $ 1,040,600 46,904
TOTAL ALL BUDGET FUND GROUPS $ 126,124,760 $ 129,985,883 46,907
Operating Expenses 46,910
Of the foregoing appropriation item 055-321, Operating 46,912
Expenses, $50,000 in fiscal year 2000 shall be distributed to the 46,913
Montgomery County Victim Offender Program. 46,914
Law-Related Education 46,916
The foregoing appropriation item 055-405, Law-Related 46,918
Education, shall be distributed directly to the Ohio Center for 46,919
Law-Related Education for the purposes of providing continuing 46,920
citizenship education activities to primary and secondary 46,921
students and accessing additional public and private money for 46,922
new programs. 46,923
Workers' Compensation Section 46,925
The Workers' Compensation Section Fund (Fund 195) shall 46,927
receive payments from the Bureau of Workers' Compensation and the 46,928
Ohio Industrial Commission at the beginning of each quarter of 46,929
each fiscal year to fund legal services to be provided to the 46,930
Bureau of Workers' Compensation and the Ohio Industrial 46,931
Commission during the ensuing quarter. Such advance payment 46,932
shall be subject to adjustment. 46,933
In addition, the Bureau of Workers' Compensation shall 46,935
transfer payments at the beginning of each quarter for the 46,936
support of the Workers' Compensation Fraud Unit. 46,937
All amounts shall be mutually agreed upon by the Attorney 46,939
General, the Bureau of Workers' Compensation, and the Ohio 46,940
Industrial Commission. 46,941
Corrupt Activity Investigation and Prosecution 46,943
The foregoing appropriation item 055-636, Corrupt Activity 46,945
Investigation and Prosecution, shall be used as provided by 46,946
division (D)(2) of section 2923.35 of the Revised Code to dispose 46,947
1056
of the proceeds, fines, and penalties credited to the Corrupt 46,948
Activity Investigation and Prosecution Fund, which is created in 46,949
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 46,950
is determined that additional amounts are necessary, the amounts 46,951
are hereby appropriated.
Section 22. AUD AUDITOR OF STATE 46,953
General Revenue Fund 46,955
GRF 070-321 Operating Expenses $ 33,329,077 $ 33,625,207 46,960
GRF 070-403 Fiscal 46,962
Watch/Emergency
Technical Assistance $ 250,000 $ 250,000 46,964
GRF 070-405 Electronic Data 46,966
Processing - Auditing
and Administration $ 850,406 $ 858,421 46,968
GRF 070-406 Uniform Accounting 46,970
Network/Technology
Improvements Fund $ 3,500,000 $ 5,500,000 46,972
TOTAL GRF General Revenue Fund $ 37,929,483 $ 40,233,628 46,975
General Services Fund Group 46,978
109 070-601 Public Audit Expense 46,981
- Intra-State $ 8,713,266 $ 8,933,768 46,983
422 070-601 Public Audit Expense 46,985
- Local Government $ 35,568,004 $ 36,472,007 46,987
584 070-603 Training Program $ 164,558 $ 168,819 46,991
675 070-605 Uniform Accounting 46,993
Network $ 1,196,458 $ 1,229,253 46,995
TOTAL GSF General Services Fund 46,996
Group $ 45,642,286 $ 46,803,847 46,999
Holding Account Redistribution Fund Group 47,002
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 47,007
TOTAL 090 Holding Account 47,008
Redistribution Fund Group $ 200,000 $ 200,000 47,011
TOTAL ALL BUDGET FUND GROUPS $ 83,771,769 $ 87,237,475 47,014
Electronic Data Processing 47,017
1057
The unencumbered balance of appropriation item 070-405, 47,019
Electronic Data Processing-Auditing and Administration, at the 47,020
end of fiscal year 2000 is hereby transferred to fiscal year 2001 47,021
for use under the same appropriation item. 47,022
Uniform Accounting Network/Technology Improvements Fund 47,024
The foregoing appropriation item 070-406, Uniform 47,026
Accounting Network/Technology Improvements Fund, shall be used to 47,027
pay the costs of the development and implementation of the 47,030
Uniform Accounting Network and technology improvements for the 47,031
Auditor of State's Office. The unencumbered balance of the 47,032
appropriation at the end of fiscal year 2000 is hereby 47,033
transferred to fiscal year 2001 to pay the costs of the 47,034
development and implementation of the Uniform Accounting Network 47,035
and technology improvements for the Auditor of State's Office. 47,036
Section 23. BRB BOARD OF BARBER EXAMINERS 47,038
General Services Fund Group 47,040
4K9 877-609 Operating Expenses $ 450,186 $ 442,657 47,045
TOTAL GSF General Services Fund 47,046
Group $ 450,186 $ 442,657 47,049
TOTAL ALL BUDGET FUND GROUPS $ 450,186 $ 442,657 47,052
Section 24. OBM OFFICE OF BUDGET AND MANAGEMENT 47,055
General Revenue Fund 47,057
GRF 042-321 Budget Development 47,060
and Implementation $ 2,250,596 $ 2,249,452 47,062
GRF 042-401 Office of Quality 47,064
Services $ 597,326 $ 581,355 47,066
GRF 042-410 National Association 47,068
Dues $ 24,360 $ 25,578 47,070
GRF 042-412 Biennial Audit $ 45,000 $ 45,000 47,074
GRF 042-434 Financial Planning 47,076
Commissions $ 381,493 $ 333,795 47,078
TOTAL GRF General Revenue Fund $ 3,298,775 $ 3,235,180 47,081
General Services Fund Group 47,084
105 042-603 State Accounting $ 8,078,632 $ 8,067,780 47,089
1058
4C1 042-601 Quality Services 47,091
Academy $ 120,000 $ 125,000 47,093
TOTAL GSF General Services Fund 47,094
Group $ 8,198,632 $ 8,192,780 47,097
TOTAL ALL BUDGET FUND GROUPS $ 11,497,407 $ 11,427,960 47,100
Transfer of Appropriations 47,103
The Director of Budget and Management may transfer 47,105
appropriations within the same fiscal year between the foregoing 47,106
appropriation items 042-321, Budget Development and 47,107
Implementation, and 042-434, Financial Planning Commissions.
Office of Quality Services 47,109
A portion of the foregoing appropriation item 042-401, 47,111
Office of Quality Services, may be used to provide financial 47,112
sponsorship support for conferences and showcases that promote 47,113
quality improvement efforts. Such expenditures are not subject 47,114
to Chapter 125. of the Revised Code.
Ohio's Quality Showcase 47,116
The Office of Quality Services may cosponsor Ohio's Quality 47,118
Showcase. The office may grant funds to other sponsoring 47,120
entities for the purpose of conducting this event, provided that 47,121
such grants are used exclusively for the direct expenses of the 47,122
event.
Any state agency, at the discretion and with the approval 47,124
of the director or other executive authority of the agency, may 47,125
provide financial or in-kind support for Ohio's Quality Showcase 47,126
cosponsored by the Office of Quality Services. Any financial 47,128
contribution made by an agency shall not exceed $3,000 annually.
Audit Costs 47,130
Of the foregoing appropriation item 042-603, State 47,132
Accounting, no more than $310,000 in fiscal year 2000 and 47,133
$325,000 in fiscal year 2001 shall be used to pay for centralized 47,134
audit costs associated with either Single Audit Schedules or the 47,135
General Purpose Financial Statements for the state. 47,136
Section 25. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 47,138
1059
General Revenue Fund 47,140
GRF 874-321 Operating Expenses $ 5,423,069 $ 4,071,007 47,145
TOTAL GRF General Revenue Fund $ 5,423,069 $ 4,071,007 47,148
General Services Fund Group 47,151
4G5 874-603 Capitol Square 47,154
Maintenance Expenses $ 952,492 $ 979,162 47,157
4S7 874-602 Statehouse Gift 47,159
Shop/Events $ 466,325 $ 471,930 47,161
4T2 874-604 Government 47,163
Television/
Telecommunications
Operating $ 393,304 $ 402,217 47,165
TOTAL GSF General Services 47,166
Fund Group $ 1,812,121 $ 1,853,309 47,169
Underground Parking Garage 47,172
208 874-601 Underground Parking 47,175
Garage Operating $ 2,349,722 $ 2,412,097 47,177
TOTAL UPG Underground Parking 47,178
Garage $ 2,349,722 $ 2,412,097 47,181
TOTAL ALL BUDGET FUND GROUPS $ 9,584,912 $ 8,336,413 47,184
Statehouse Committee Room Audio-Visual Wiring 47,187
Of the foregoing appropriation item 874-321, Operating 47,189
Expenses, $950,000 in fiscal year 2000 shall be used to install 47,190
hard wiring in the Statehouse and Senate Building committee 47,191
hearing rooms.
Capitol Square Retaining Wall 47,193
Of the foregoing appropriation item 874-321, Operating 47,195
Expenses, $500,000 in fiscal year 2000 shall be used to complete 47,196
the replacement of the Capitol Square retaining wall. 47,197
Ohio Government Telecommunications 47,199
The foregoing appropriation item 874-604, Government 47,201
Television/Telecommunications Operating Fund, shall be used to 47,203
pay for the operations of the Ohio Government Telecommunications 47,204
program.
1060
Ohio News Bureau 47,206
Of the foregoing appropriation item 874-604, Government 47,208
Television/Telecommunications Operating, $75,000 in each fiscal 47,209
year shall be used to support the Ohio Government Television's 47,210
Ohio News Bureau.
Cash Transfer to the Department of Commerce 47,212
Within 60 days of the effective date of this section, the 47,214
Director of Budget and Management shall transfer $500,000 cash 47,215
from the Capitol Square Review and Advisory Board Revival 47,216
Reimbursement Fund (Fund 4Y9) to the Department of Commerce's 47,217
Division of Administration fund (Fund 163). This cash transfer
shall be used to repay a fiscal year 1994 loan. 47,218
Section 26. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 47,220
General Services Fund Group 47,222
4K9 878-609 Operating Expenses $ 535,723 $ 521,163 47,227
TOTAL GSF General Services Fund 47,228
Group $ 535,723 $ 521,163 47,231
TOTAL ALL BUDGET FUND GROUPS $ 535,723 $ 521,163 47,234
Section 27. CIV OHIO CIVIL RIGHTS COMMISSION 47,237
General Revenue Fund 47,239
GRF 876-100 Personal Services $ 9,281,149 $ 9,467,977 47,244
GRF 876-200 Maintenance $ 1,068,519 $ 1,094,163 47,248
GRF 876-300 Equipment $ 121,033 $ 123,938 47,252
TOTAL GRF General Revenue Fund $ 10,470,701 $ 10,686,078 47,255
Federal Special Revenue Fund Group 47,258
334 876-601 Federal Programs $ 2,376,200 $ 2,381,200 47,263
TOTAL FED Federal Special Revenue 47,264
Fund Group $ 2,376,200 $ 2,381,200 47,267
State Special Revenue Fund Group 47,270
217 876-604 General Reimbursement $ 20,000 $ 20,000 47,275
TOTAL SSR State Special 47,276
Revenue Fund Group $ 20,000 $ 20,000 47,279
TOTAL ALL BUDGET FUND GROUPS $ 12,866,901 $ 13,087,278 47,282
Section 28. COM DEPARTMENT OF COMMERCE 47,285
1061
General Revenue Fund 47,287
GRF 800-402 Grants - Volunteer 47,290
Fire Departments $ 782,478 $ 819,807 47,292
Total GRF General Revenue Fund $ 782,478 $ 819,807 47,295
General Services Fund Group 47,298
163 800-620 Division of 47,301
Administration $ 4,771,766 $ 4,787,925 47,303
TOTAL GSF General Services Fund 47,304
Group $ 4,771,766 $ 4,787,925 47,307
Federal Special Revenue Fund Group 47,310
348 800-622 Underground Storage 47,313
Tanks $ 200,580 $ 195,008 47,315
348 800-624 Leaking Underground 47,317
Storage Tanks $ 1,314,605 $ 1,295,920 47,319
TOTAL FED Federal Special Revenue 47,320
Fund Group $ 1,515,185 $ 1,490,928 47,323
State Special Revenue Fund Group 47,326
4B2 800-631 Real Estate Appraisal 47,329
Recovery $ 68,500 $ 68,500 47,331
4D2 800-605 Auction Education $ 30,230 $ 30,476 47,335
4H9 800-608 Cemeteries $ 237,344 $ 243,434 47,339
4L5 800-609 Fireworks Training 47,341
and Education $ 5,000 $ 5,000 47,343
4X2 800-619 Financial 47,345
Institutions $ 1,920,385 $ 1,873,615 47,347
5B8 800-628 Auctioneers $ 347,591 $ 323,316 47,351
5B9 800-632 PI & Security Guard 47,353
Provider $ 935,159 $ 940,874 47,355
543 800-602 Unclaimed 47,357
Funds-Operating $ 4,611,007 $ 4,663,857 47,359
543 800-625 Unclaimed 47,361
Funds-Claims $ 23,783,981 $ 24,354,796 47,363
544 800-612 Banks $ 5,979,092 $ 5,956,369 47,367
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 47,371
1062
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 47,375
547 800-603 Real Estate 47,377
Education/Research $ 248,237 $ 254,194 47,379
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 47,383
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 47,387
550 800-617 Securities $ 4,675,239 $ 4,639,787 47,391
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 47,395
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 47,399
556 800-615 Industrial Compliance $ 19,321,973 $ 19,160,662 47,403
6A4 800-630 Real Estate 47,405
Appraiser-Operating $ 496,596 $ 489,207 47,407
653 800-629 UST 47,409
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 47,411
TOTAL SSR State Special Revenue 47,412
Fund Group $ 83,426,495 $ 83,551,569 47,415
Liquor Control Fund Group 47,418
043 800-321 Liquor Control 47,421
Operating $ 15,694,491 $ 14,245,821 47,423
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 47,427
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 47,431
TOTAL LCF Liquor Control 47,432
Fund Group $ 306,119,075 $ 312,805,522 47,435
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,455,751 47,438
Grants - Volunteer Fire Departments 47,441
The foregoing appropriation item 800-402, Grants - 47,443
Volunteer Fire Departments, shall be used to make annual grants 47,444
to volunteer fire departments of up to $10,000, or up to $25,000 47,445
in cases when the volunteer fire department provides service for 47,446
an area affected by a natural disaster. The program shall be 47,448
administered by the Fire Marshal under the Department of 47,449
Commerce. The Fire Marshal shall issue necessary rules for the 47,450
administration and operation of this program. 47,451
Unclaimed Funds Payments 47,453
1063
The foregoing appropriation item 800-625, Unclaimed 47,455
Funds-Claims, shall be used to pay claims pursuant to section 47,456
169.08 of the Revised Code. If it is determined that additional 47,457
amounts are necessary, the amounts are hereby appropriated. 47,458
Increased Appropriation Authority - Merchandising 47,460
The Director of Commerce may, upon concurrence by the 47,462
Director of Budget and Management, submit to the Controlling 47,463
Board for approval a request for increased appropriation 47,464
authority for appropriation item 800-601, Merchandising. 47,465
Administrative Assessments 47,467
Notwithstanding any other provision of law to the contrary, 47,469
Fund 163, Administration, shall receive assessments from all 47,470
operating funds of the department in accordance with procedures 47,471
prescribed by the Director of Commerce and approved by the 47,472
Director of Budget and Management.
Cash Balance Transfer 47,474
On July 1, 1999, or as soon thereafter as possible, the 47,476
Director of Budget and Management shall transfer the cash balance 47,477
in the Savings Bank Fund (Fund 4G8), which was abolished in this 47,478
act by the repeal of section 1163.17 of the Revised Code, to the 47,479
Savings Institutions Fund (Fund 545), which is created in this 47,480
act by the enactment of section 1181.18 of the Revised Code. The
Director shall cancel any existing encumbrances against 47,481
appropriation item 800-606, Savings Banks, and reestablish them 47,482
against appropriation item, 800-613, Savings Institutions (Fund 47,483
545). The amounts of the reestablished encumbrances are hereby 47,484
appropriated.
Section 28.01. Notwithstanding section 4735.141 of the 47,486
Revised Code, as amended by this act, all persons licensed under 47,487
sections 4735.07 and 4735.09 of the Revised Code before January 47,488
1, 2001, shall submit proof satisfactory to the Superintendent of 47,489
Real Estate that the licensee has satisfactorily completed 47,490
continuing education, as prescribed by the Ohio Real Estate 47,491
Commission pursuant to section 4735.10 of the Revised Code and as 47,492
1064
to the number of hours required under section 4735.141 of the 47,493
Revised Code, as that section existed prior to this act, in 47,494
accordance with the appropriate time period, as follows: 47,495
(A) For continuing education that, under section 4735.141 47,497
of the Revised Code, as that section existed prior to this act, 47,498
would have been due in the year 2000, on or before the licensee's 47,499
birthday in the year 2001, and on or before the licensee's 47,500
birthday every three years thereafter; 47,501
(B) For continuing education that, under section 4735.141 47,503
of the Revised Code, as that section existed prior to this act, 47,504
would have been due in the year 2001, on or before the licensee's 47,505
birthday in the year 2002, and on or before the licensee's 47,506
birthday every three years thereafter; 47,507
(C) For continuing education that, under section 4735.141 47,509
of the Revised Code, as that section existed prior to this act, 47,510
would have been due in the year 2002, on or before the licensee's 47,511
birthday in the year 2003, and on or before the licensee's 47,512
birthday every three years thereafter. 47,513
Section 29. OCC OFFICE OF CONSUMERS' COUNSEL 47,515
General Services Fund Group 47,517
5F5 053-601 Operating Expenses $ 7,114,415 $ 7,232,869 47,522
TOTAL GSF General Services 47,523
Fund Group $ 7,114,415 $ 7,232,869 47,526
TOTAL ALL BUDGET FUND GROUPS $ 7,114,415 $ 7,232,869 47,529
Section 30. CEB CONTROLLING BOARD 47,532
General Revenue Fund 47,534
GRF 911-401 Emergency 47,537
Purposes/Contingencies$ 6,372,000 $ 6,000,000 47,539
GRF 911-402 Employee Compensation 47,541
Adjustment $ 0 $ 38,000,000 47,543
GRF 911-403 School District 47,545
Financial Planning $ 500,000 $ 500,000 47,547
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 47,551
1065
GRF 911-419 Foster Caregiver 47,553
Training $ 0 $ 3,000,000 47,555
GRF 911-441 Ballot Advertising 47,557
Costs $ 800,000 $ 800,000 47,559
TOTAL GRF General Revenue Fund $ 9,672,000 $ 50,300,000 47,562
State Special Revenue Fund Group 47,564
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 47,569
TOTAL SSR State Special 47,570
Revenue Fund Group $ 20,600,000 $ 4,400,000 47,573
TOTAL ALL BUDGET FUND GROUPS $ 30,272,000 $ 54,700,000 47,576
Federal Share 47,579
In transferring appropriations to or from appropriation 47,581
items that have federal shares identified in this act, the 47,583
Controlling Board shall add or subtract corresponding amounts of 47,584
federal matching funds at the percentages indicated by the state 47,585
and federal division of the appropriations in this act. Such 47,587
changes are hereby appropriated. 47,588
Disaster Assistance 47,590
Pursuant to requests submitted by the Department of Public 47,592
Safety, the Controlling Board may approve transfers from the 47,593
foregoing appropriation item 911-401, Emergency 47,594
Purposes/Contingencies, to a Department of Public Safety General 47,595
Revenue Fund appropriation item to provide funding for assistance 47,596
to political subdivisions made necessary by natural disasters or 47,597
emergencies. Such transfers may be requested and approved prior 47,598
to the occurrence of any specific natural disasters or 47,599
emergencies in order to facilitate the provision of timely 47,600
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 47,601
that meet Controlling Board criteria for assistance. The 47,602
department shall submit a report to the Controlling Board 47,603
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 47,605
The Office of Criminal Justice Services and the Public 47,607
1066
Defender Commission may each request, upon approval of the 47,608
Director of Budget and Management, additional funds from the 47,609
foregoing appropriation item 911-401, Emergency 47,610
Purposes/Contingencies, for costs related to the disturbance that 47,611
occurred on April 11, 1993, at the Southern Ohio Correctional 47,612
Facility in Lucasville, Ohio. 47,613
Project OASIS 47,615
The Office of the Attorney General may request, upon 47,617
approval of the Director of Budget and Management, that the 47,618
Controlling Board release up to $372,000 in fiscal year 2000 from 47,619
the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project 47,620
OASIS in the event that federal funding for this program is 47,621
insufficient or delayed.
Disaster Services 47,623
The foregoing appropriation item 911-601, Disaster 47,625
Services, shall be used by the Controlling Board, pursuant to 47,627
requests submitted by state agencies, to transfer cash and 47,628
appropriation authority to any fund and appropriation line item 47,629
of the state for the payment of state agency program expenses as 47,631
follows:
(A) The southern Ohio flooding, referred to as 47,634
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 47,638
FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of 47,640
Natural Resources to be used for statewide flood mitigation 47,641
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 47,643
local governments for costs associated with tornado disaster 47,644
relief in Hamilton and Warren Counties; 47,645
(E) If the Director of Budget and Management determines 47,649
that sufficient funds exist beyond the expected program costs of 47,650
these disasters, other disasters declared by the Governor. 47,652
1067
Of the amount appropriated in fiscal year 2000 for the 47,654
foregoing appropriation item 911-601, Disaster Services, 47,655
$5,000,000 is the unencumbered and unallotted cash balance that 47,656
exists in Fund 5E2 on June 30, 1999. 47,657
Employee Compensation 47,659
Notwithstanding division (D) of section 127.14 and division 47,661
(B) of section 131.35 of the Revised Code, except for the General 47,662
Revenue Fund, the Controlling Board may, upon the request of 47,663
either the Director of Budget and Management, or a state agency 47,664
with the approval of the Director of Budget and Management, 47,665
increase appropriations for any fund, as necessary for the 47,666
various state agencies, to assist in paying the costs of 47,667
increases in employee compensation that occur on or after July 1, 47,668
2000, that are provided pursuant to collective bargaining 47,669
agreements under Chapter 4117. of the Revised Code and the costs 47,670
of increased compensation provided for employees that are exempt 47,671
from collective bargaining. 47,672
The Controlling Board may transfer appropriations from the 47,674
foregoing appropriation item 911-402, Employee Compensation 47,675
Adjustment, to the various agencies based on requests submitted 47,676
by the Director of Budget and Management to assist in paying for 47,677
the General Revenue Fund's share of employee compensation 47,678
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 47,679
compensation that are provided to employees that are exempt from 47,680
collective bargaining.
School District Financial Planning 47,682
The foregoing appropriation item 911-403, School District 47,684
Financial Planning, shall be used to pay costs of implementing 47,685
the school district watch and fiscal emergency provisions of 47,686
sections 3316.01 to 3316.08 of the Revised Code, including the 47,687
expenses of the school district financial planning and 47,688
supervision commission. Upon the request of any agency involved 47,689
in implementing the school district watch or fiscal emergency 47,690
1068
provisions, the Controlling Board may transfer all or part of the 47,692
appropriation to the agency.
Mandate Assistance 47,694
(A) The foregoing appropriation item 911-404, Mandate 47,696
Assistance, shall be used to provide financial assistance to 47,697
local units of government, school districts, and fire departments 47,699
for the cost of the following three unfunded state mandates: 47,700
(1) The cost to county prosecutors for prosecuting certain 47,702
felonies that occur on the grounds of state institutions operated 47,704
by the Department of Rehabilitation and Correction and the 47,705
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 47,707
of providing firefighter training and equipment or gear; 47,708
(3) The cost to school districts of in-service training 47,710
for child abuse detection. 47,711
(B) The State and Local Government Commission may prepare 47,713
and submit to the Controlling Board one or more requests to 47,714
transfer appropriations from appropriation item 911-404, Mandate 47,715
Assistance, to the state agencies charged with administering the 47,716
state financial assistance to be provided under this section. 47,717
The state agencies charged with this administrative 47,719
responsibility are listed below, as well as the estimated annual 47,720
amounts that the commission may propose be used for each program 47,722
of state financial assistance.
Administering Estimated Annual 47,727
Program Agency Amount 47,730
Prosecution Costs Office of Criminal 47,733
Justice Services $200,000 47,735
Firefighter Training Department of 47,737
Costs Commerce $1,000,000 47,738
Child Abuse Detection Department of 47,740
Training Costs Education $800,000 47,741
(C) Subject to the total amount appropriated in each 47,744
fiscal year for appropriation item 911-404, Mandate Assistance, 47,745
1069
the commission may propose to the Controlling Board that amounts 47,747
smaller or larger than these estimated annual amounts be 47,748
transferred to each program. 47,749
(D) In addition to making the initial transfers requested 47,751
by the commission, the Controlling Board may, if requested by the 47,753
commission, transfer appropriations received by a state agency 47,755
under this section back to appropriation item 911-404, Mandate 47,756
Assistance, or to one or more of the other programs of state 47,757
financial assistance identified under this section. 47,758
(E) It is expected that not all costs incurred by local 47,760
units of government, school districts, and fire departments under 47,761
each of the three programs of state financial assistance 47,762
identified under this section will be fully reimbursed by the 47,763
state. Reimbursement levels may vary by program and shall be 47,764
based on: the relationship between the appropriation transfers 47,765
requested by the commission and provided by the Controlling Board 47,766
for each of the programs; the rules and procedures established 47,768
for each program by the commission and the administering state 47,769
agency; and the actual costs incurred by local units of 47,771
government, school districts, and fire departments. 47,772
(F) Each of these programs of state financial assistance 47,774
shall be carried out as follows: 47,775
(1) Prosecution Costs 47,777
(a) Appropriations may be transferred to the Office of 47,779
Criminal Justice Services to cover local prosecution costs for 47,780
aggravated murder, murder, felonies of the first degree, and 47,781
felonies of the second degree that occur on the grounds of 47,782
institutions operated by the Department of Rehabilitation and 47,783
Correction and the Department of Youth Services. 47,784
(b) Upon a delinquency filing in juvenile court or the 47,786
return of an indictment for aggravated murder, murder, or any 47,787
felony of the first or second degree that was committed at a 47,788
Department of Youth Services or a Department of Rehabilitation 47,789
and Correction institution, the affected county may, in 47,790
1070
accordance with rules that the Office of Criminal Justice 47,791
Services shall adopt, apply to the Office of Criminal Justice 47,792
Services for a grant to cover all documented costs that are 47,793
incurred by the county prosecutor's office. 47,794
(c) Twice each year, the Office of Criminal Justice 47,796
Services shall designate counties to receive grants from those 47,798
counties that have submitted one or more applications in 47,799
compliance with the rules that have been adopted by the Office of 47,800
Criminal Justice Services for the receipt of such grants. In 47,801
each year's first round of grant awards, if sufficient 47,802
appropriations have been made, up to a total of $100,000 may be 47,804
awarded. In each year's second round of grant awards, the 47,805
remaining appropriations available for this purpose may be 47,806
awarded.
(d) If for a given round of grants there are insufficient 47,808
appropriations to make grant awards to all the eligible counties, 47,810
the first priority shall be given to counties with cases 47,811
involving aggravated murder and murder, second priority shall be 47,812
given to cases involving a felony of the first degree, and third 47,813
priority shall be given to cases involving a felony of the second 47,814
degree. Within these priorities, the grant awards shall be based 47,815
on the order in which the applications were received, except that 47,816
applications for cases involving a felony of the first or second 47,817
degree shall not be considered in more than two consecutive 47,818
rounds of grant awards.
(2) Firefighter Training Costs 47,820
Appropriations may be transferred to the Department of 47,822
Commerce for use as full or partial reimbursement to local units 47,823
of government and fire departments for the cost of firefighter 47,824
training and equipment or gear. In accordance with rules that 47,825
the department shall adopt, a local unit of government or fire 47,826
department may apply to the department for a grant to cover all 47,827
documented costs that are incurred to provide firefighter 47,828
training and equipment or gear. The department shall make grants 47,829
1071
within the limits of the funding provided, with priority given to 47,831
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 47,833
Appropriations may be transferred to the Department of 47,835
Education for disbursement to local school districts as full or 47,836
partial reimbursement for the cost of providing in-service 47,837
training for child abuse detection. In accordance with rules 47,838
that the department shall adopt, a local school district may 47,839
apply to the department for a grant to cover all documented costs 47,840
that are incurred to provide in-service training for child abuse 47,841
detection. The department shall make grants within the limits of 47,842
the funding provided. 47,843
Foster Caregiver Training 47,845
Upon the passage of appropriate legislation by the 123rd 47,846
General Assembly, the Department of Job and Family Services shall 47,847
request that the Controlling Board transfer up to $3,000,000 in 47,848
fiscal year 2001 from the foregoing appropriation item 911-419, 47,849
Foster Caregiver Training, for the purpose of establishing a 47,850
program of precertification and continuing training for foster
caregivers. 47,851
Ballot Advertising Costs 47,853
Pursuant to requests submitted by the Ohio Ballot Board, 47,855
the Controlling Board shall approve transfers from the foregoing 47,856
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 47,857
Ballot Board line item in order to reimburse county boards of 47,858
elections for the cost of public notices associated with
statewide ballot initiatives. 47,859
Of the foregoing appropriation item 911-441, Ballot 47,861
Advertising Costs, the Director of Budget and Management shall 47,862
transfer any amounts that are not needed for the purpose of 47,863
reimbursing county boards of elections for the cost of public 47,864
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 47,865
Section 31. COS STATE BOARD OF COSMETOLOGY 47,867
1072
General Services Fund Group 47,869
4K9 879-609 Operating Expenses $ 2,201,152 $ 2,198,147 47,874
TOTAL GSF General Services Fund 47,875
Group $ 2,201,152 $ 2,198,147 47,878
TOTAL ALL BUDGET FUND GROUPS $ 2,201,152 $ 2,198,147 47,881
Section 32. CSW COUNSELOR AND SOCIAL WORKERS BOARD 47,884
General Services Fund Group 47,886
4K9 899-609 Operating Expenses $ 850,781 $ 848,656 47,891
TOTAL GSF General Services Fund 47,892
Group $ 850,781 $ 848,656 47,895
TOTAL ALL BUDGET FUND GROUPS $ 850,781 $ 848,656 47,898
Section 33. CLA COURT OF CLAIMS 47,901
General Revenue Fund 47,903
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 47,908
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 47,911
State Special Revenue Fund Group 47,914
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 47,919
TOTAL SSR State Special Revenue 47,920
Fund Group $ 22,086,768 $ 22,925,167 47,923
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 47,926
Section 34. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 47,929
General Revenue Fund 47,931
GRF 196-401 Criminal Justice 47,934
Information System $ 970,000 $ 972,000 47,936
GRF 196-403 Violence Prevention $ 350,763 $ 364,842 47,940
GRF 196-424 Operating Expenses $ 1,003,621 $ 1,011,300 47,944
GRF 196-499 State Match $ 826,876 $ 800,104 47,948
GRF 196-502 Lucasville 47,949
Disturbance Costs $ 50,000 $ 0 47,951
TOTAL GRF General Revenue Fund $ 3,201,260 $ 3,148,246 47,954
Federal Special Revenue Fund Group 47,957
3L5 196-604 Justice Programs $ 30,515,304 $ 32,648,653 47,962
TOTAL FED Federal Special Revenue 47,963
Fund Group $ 30,515,304 $ 32,648,653 47,966
1073
TOTAL ALL BUDGET FUND GROUPS $ 33,716,564 $ 35,796,899 47,969
Indigent Defense 47,972
The Office of Criminal Justice Services shall make all 47,975
efforts to maximize the amount of funding available for the 47,976
defense of indigent persons.
Criminal Justice Information System 47,978
The foregoing appropriation item 196-401, Criminal Justice 47,980
Information System, shall be used by the Office of Criminal 47,981
Justice Services to work on a plan to improve Ohio's criminal 47,982
justice information systems. The Director of Criminal Justice 47,983
Services shall evaluate the progress of this plan and issue a 47,984
report to the Governor, the Speaker and the Minority Leader of 47,985
the House of Representatives, the President and the Minority 47,986
Leader of the Senate, the Criminal Justice Policy Board, and the 47,988
Legislative Budget Office of the Legislative Service Commission
by the first day of January of each year of the two-year biennium 47,989
beginning July 1, 1999, and ending June 30, 2001. 47,990
Violence Prevention 47,992
Of the foregoing appropriation item 196-403, Violence 47,994
Prevention, $4,000 in fiscal year 2000 shall be distributed to 47,995
the City of Painesville for the purpose of funding the City of 47,996
Painesville Crime Prevention Program, and $4,000 in fiscal year 47,998
2000 shall be distributed to the City of Mentor for the purpose
of funding the City of Mentor Crime Prevention Program. 47,999
Section 35. DEN STATE DENTAL BOARD 48,001
General Services Fund Group 48,003
4K9 880-609 Operating Expenses $ 1,119,536 $ 1,114,065 48,008
TOTAL GSF General Services Fund 48,009
Group $ 1,119,536 $ 1,114,065 48,012
TOTAL ALL BUDGET FUND GROUPS $ 1,119,536 $ 1,114,065 48,015
Section 36. BDP BOARD OF DEPOSIT 48,018
General Services Fund Group 48,020
4M2 974-601 Board of Deposit $ 818,400 $ 838,041 48,025
TOTAL GSF General Services Fund 48,026
1074
Group $ 818,400 $ 838,041 48,029
TOTAL ALL BUDGET FUND GROUPS $ 818,400 $ 838,041 48,032
Board of Deposit Expense Fund 48,035
Upon receiving certification of expenses from the Treasurer 48,038
of State, the Director of Budget and Management shall transfer 48,039
cash from the Investment Earnings Redistribution Fund (Fund 608) 48,040
to the Board of Deposit Expense Fund (Fund 4M2). This fund shall 48,042
be used to pay for banking charges and fees required for the 48,043
operation of the State of Ohio Regular Account.
Section 37. DEV DEPARTMENT OF DEVELOPMENT 48,045
General Revenue Fund 48,047
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 48,052
GRF 195-200 Maintenance $ 608,000 $ 608,000 48,056
GRF 195-300 Equipment $ 111,550 $ 111,550 48,060
GRF 195-401 Thomas Edison Program $ 25,553,540 $ 25,528,749 48,064
GRF 195-404 Small Business 48,066
Development $ 2,445,388 $ 2,465,504 48,068
GRF 195-405 Minority Business 48,070
Development Division $ 2,073,570 $ 2,074,418 48,072
GRF 195-406 Transitional and 48,074
Permanent Housing $ 2,760,270 $ 2,826,679 48,076
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 48,080
GRF 195-408 Coal Research 48,082
Development $ 588,465 $ 587,907 48,084
GRF 195-410 Defense Conversion 48,086
Assistance Program $ 740,000 $ 500,000 48,088
GRF 195-412 Business Development 48,090
Grants $ 10,005,000 $ 10,005,000 48,092
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 48,096
GRF 195-415 Regional Offices and 48,098
Economic Development $ 6,414,854 $ 6,338,038 48,100
GRF 195-416 Governor's Office of 48,102
Appalachia $ 1,628,800 $ 641,376 48,104
1075
GRF 195-417 Urban/Rural 48,106
Initiative $ 1,000,000 $ 1,000,000 48,108
GRF 195-422 Technology Action $ 5,100,000 $ 5,100,000 48,112
GRF 195-431 Community Development 48,114
Corporation Grants $ 2,520,386 $ 2,582,510 48,116
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 48,120
GRF 195-434 Industrial Training 48,122
Grants $ 18,000,000 $ 20,000,000 48,124
GRF 195-436 Labor/Management 48,126
Cooperation $ 1,164,000 $ 1,164,000 48,128
GRF 195-440 Emergency Shelter 48,130
Housing Grants $ 2,930,029 $ 2,999,139 48,132
GRF 195-441 Low and Moderate 48,134
Income Housing $ 7,760,000 $ 7,760,000 48,136
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 48,140
GRF 195-498 State Energy Match $ 147,221 $ 151,299 48,144
GRF 195-501 Appalachian Local 48,146
Development Districts $ 452,370 $ 463,227 48,148
GRF 195-502 Appalachian Regional 48,150
Commission Dues $ 190,000 $ 194,400 48,152
GRF 195-507 Travel & Tourism 48,154
Grants $ 1,795,000 $ 1,640,000 48,156
GRF 195-513 Empowerment 48,158
Zones/Enterprise
Communities $ 2,000,000 $ 0 48,160
TOTAL GRF General Revenue Fund $ 111,790,930 $ 110,742,553 48,163
General Services Fund Group 48,166
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 48,171
136 195-621 International Trade $ 75,000 $ 0 48,175
685 195-636 General 48,177
Reimbursements $ 1,199,500 $ 1,222,233 48,179
TOTAL GSF General Services Fund 48,180
Group $ 8,737,530 $ 8,694,398 48,183
Federal Special Revenue Fund Group 48,186
1076
3K8 195-613 Community Development 48,189
Block Grant $ 65,000,000 $ 65,000,000 48,191
3K9 195-611 Home Energy 48,193
Assistance Block
Grant $ 55,000,000 $ 55,000,000 48,195
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 48,199
3L0 195-612 Community Services 48,201
Block Grant $ 20,090,000 $ 20,090,000 48,203
308 195-602 Appalachian Regional 48,205
Commission $ 650,000 $ 650,000 48,207
308 195-603 Housing and Urban 48,209
Development $ 34,895,700 $ 34,895,700 48,211
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 48,215
308 195-609 Small Business 48,217
Administration $ 3,701,900 $ 3,701,900 48,219
308 195-616 Technology Programs $ 117,700 $ 0 48,223
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 48,227
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 48,231
380 195-622 Housing Development 48,233
Operating $ 3,711,800 $ 3,938,200 48,235
TOTAL FED Federal Special Revenue 48,236
Fund Group $ 212,791,425 $ 212,846,902 48,239
State Special Revenue Fund Group 48,241
4F2 195-639 State Special 48,244
Projects $ 1,530,000 $ 1,030,100 48,246
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 48,250
4S0 195-630 Enterprise Zone 48,252
Operating $ 323,079 $ 323,355 48,254
4S1 195-634 Job Creation Tax 48,256
Credit Operating $ 251,856 $ 258,422 48,258
4W1 195-646 Minority Business 48,260
Enterprise Loan $ 3,898,213 $ 3,972,954 48,262
444 195-607 Water and Sewer 48,264
Commission Loans $ 500,000 $ 500,000 48,266
1077
445 195-617 Housing Finance 48,268
Agency $ 3,669,522 $ 3,532,181 48,270
450 195-624 Minority Business 48,272
Bonding Program
Administration $ 12,644 $ 12,947 48,274
451 195-625 Economic Development 48,276
Financing Operating $ 1,906,075 $ 1,970,014 48,278
586 195-653 Scrap Tire Loans and 48,280
Grants $ 1,000,000 $ 1,000,000 48,282
611 195-631 Water and Sewer 48,284
Administration $ 15,000 $ 15,000 48,286
617 195-654 Volume Cap 48,288
Administration $ 200,000 $ 196,640 48,290
646 195-638 Low and Moderate 48,292
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 48,294
TOTAL SSR State Special Revenue 48,295
Fund Group $ 34,751,589 $ 34,846,113 48,298
Facilities Establishment Fund 48,301
037 195-615 Facilities 48,304
Establishment $ 53,970,000 $ 55,481,100 48,306
4Z6 195-647 Rural Industrial Park 48,308
Loan $ 1,000,000 $ 1,000,000 48,310
5D1 195-649 Port Authority Bond 48,312
Reserves $ 2,500,000 $ 2,500,000 48,314
5D2 195-650 Urban Redevelopment 48,316
Loans $ 10,000,000 $ 10,000,000 48,318
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 48,322
TOTAL 037 Facilities 48,323
Establishment Fund $ 69,716,375 $ 71,227,475 48,326
Coal Research/Development Fund 48,329
046 195-632 Coal Research and 48,332
Development Fund $ 12,276,000 $ 12,570,624 48,334
TOTAL 046 Coal Research/ 48,335
1078
Development Fund $ 12,276,000 $ 12,570,624 48,338
TOTAL ALL BUDGET FUND GROUPS $ 450,063,849 $ 450,928,065 48,341
Section 37.01. Washington Office 48,344
Of the foregoing appropriation items 195-100, Personal 48,346
Services, 195-200, Maintenance, and 195-300, Equipment, no more 48,347
than $335,700 in fiscal year 2000 and $335,700 in fiscal year 48,348
2001 may be transferred to the General Reimbursement Fund (Fund 48,349
685) to support the Washington Office. The transfer shall be 48,350
made using an intrastate transfer voucher. 48,351
Thomas Edison Program 48,353
The foregoing appropriation item 195-401, Thomas Edison 48,355
Program, shall be used for the purposes of sections 122.28 to 48,357
122.38 of the Revised Code in order to provide funds for 48,359
cooperative public and private efforts in technological 48,360
innovation to promote the development and transfer of technology 48,361
by and to Ohio businesses that will lead to the creation of jobs, 48,363
and to provide for the administration of this program by the 48,365
Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison 48,367
Program, not more than $2,363,000 in fiscal year 2000 and 48,369
$2,363,000 in fiscal year 2001 shall be used for the Technology 48,370
Division's operating expenses in administering this program. 48,371
Of the foregoing appropriation item 195-401, Thomas Edison 48,373
Program, $2,000,000 in each fiscal year shall be used for the 48,374
establishment of a new statewide Edison Center for Information 48,376
Technology to be headquartered in Dayton. The Director of
Development shall waive any local matching requirements for the 48,377
initial biennium of operation. 48,378
Of the foregoing appropriation item 195-401, Thomas Edison 48,380
Program, $50,000 in each fiscal year shall be used for the 48,381
BIOSTART Business Incubator.
Of the foregoing appropriation item 195-401, Thomas Edison 48,383
Program, $500,000 in each fiscal year shall be used for 48,384
cooperative technology clusters.
1079
Of the foregoing appropriation item 195-401, Thomas Edison 48,386
Program, $1,100,000 in each fiscal year shall be used for the 48,387
Wright Technology Network.
Section 37.02. Small Business Development 48,389
The foregoing appropriation item 195-404, Small Business 48,391
Development, shall be used to ensure that the unique needs and 48,393
concerns of small businesses are addressed. 48,395
The foregoing appropriation shall be used to provide grants 48,397
to local organizations to support the operation of Small Business 48,399
Development Centers, and other local economic development 48,400
activity promoting small business and for the cost of 48,401
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 48,402
facilitate access to state and federal programs. These funds 48,403
shall be used as matching funds for grants from the United States 48,404
Small Business Administration and other federal agencies, 48,406
pursuant to Public Law No. 96-302 (1980) as amended by Public Law 48,407
No. 98-395 (1984), and regulations and policy guidelines for 48,408
these programs.
In addition, the Office of Small Business shall operate the 48,410
One-Stop Business Permit Center, the Women's Business Resource 48,412
Program, support government procurement assistance, and implement 48,414
and coordinate the duties imposed on the Department of 48,416
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 48,417
Minority Business Development Division 48,419
Of the foregoing appropriation item 195-405, Minority 48,421
Business Development Division, no less than $910,000 in each 48,422
fiscal year shall be used to fund minority contractors and 48,423
business assistance organizations. The Minority Business 48,424
Development Division shall determine which cities need minority
contractors and business assistance organizations by utilizing 48,425
U.S. Census Bureau data and zip codes to locate the highest 48,426
concentrations of minority businesses. The Minority Business 48,427
Development Division shall also determine the numbers of minority 48,428
1080
contractors and business assistance organizations necessary and 48,429
the amount of funding to be provided each. In addition, the
Minority Business Development Division shall continue to plan and 48,430
implement business conferences. 48,431
Section 37.03. Transitional and Permanent Housing Program 48,434
Of the foregoing appropriation item 195-406, Transitional 48,436
and Permanent Housing, the Office of Housing and Community 48,438
Partnerships shall make grants to local governments and nonprofit 48,440
organizations for the acquisition, rehabilitation, renovation, 48,442
construction, conversion, operating, and supportive services 48,444
costs for both new and existing transitional and/or permanent 48,446
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 48,448
and Permanent Housing, at least seventy-five per cent shall be 48,450
used to provide transitional housing for homeless families and 48,452
individuals.
Coal Research Development 48,454
The foregoing appropriation item 195-408, Coal Research 48,456
Development, shall be used for the administrative costs of the 48,457
Coal Development Office within the Technology Division and for 48,458
grants which encourage, promote, and assist the use of Ohio coal 48,459
pursuant to section 1551.32 of the Revised Code. 48,460
Defense Conversion Assistance Program 48,462
The Director of Development may use the foregoing 48,464
appropriation item 195-410, Defense Conversion Assistance 48,465
Program, in accordance with existing program guidelines, and 48,466
other resources as appropriate, for Ohio-based defense conversion 48,467
projects and administrative support costs. 48,468
Section 37.04. Business Development 48,470
The foregoing appropriation item 195-412, Business 48,472
Development Grants, shall be used as an incentive for attracting 48,473
and retaining business opportunities for the state. Any such 48,474
business opportunity, whether new, expanding, or relocating in 48,475
Ohio, is eligible for funding. The project must create or retain 48,476
1081
a significant number of jobs for Ohioans. Grant awards may be 48,477
considered only when (1) the project's viability hinges on an 48,478
award of 195-412, Business Development Grants, funds; (2) all 48,479
other public or private sources of financing have been 48,480
considered; or (3) the funds must act as a catalyst for the 48,481
infusion into the project of other financing sources. 48,482
The department's primary goal shall be to award funds to 48,484
political subdivisions of the state for off-site infrastructure 48,485
improvements. In order to meet the particular needs of economic 48,486
development in a region, the department may elect to award funds 48,487
directly to a business for on-site infrastructure improvements. 48,489
Infrastructure improvements are defined as improvements to water 48,490
system facilities, sewer and sewage treatment facilities, 48,491
electric or gas service facilities, rail facilities, site 48,492
preparation, and parking facilities. The Director of Development 48,493
may recommend the funds be used in an alternative manner when 48,494
deemed appropriate to meet an extraordinary economic development 48,495
opportunity or need.
The foregoing appropriation item 195-412, Business 48,497
Development Grants, may be expended only after the submission of 48,498
a request to the Controlling Board by the Department of 48,499
Development outlining the planned use of the funds, and the 48,500
subsequent approval of the request by the Controlling Board. 48,501
The foregoing appropriation item 195-412, Business 48,503
Development Grants, may be used for, but is not limited to, 48,504
construction, rehabilitation, and acquisition projects for rail 48,505
freight assistance as requested by the Department of 48,506
Transportation. The Director of Transportation shall submit the 48,507
proposed projects to the Director of Development for an 48,508
evaluation of potential economic benefit. 48,509
Section 37.05. First Frontier Match 48,511
The foregoing appropriation item 195-414, First Frontier 48,513
Match, shall be used as matching funds to counties for the 48,515
purpose of marketing state, regional, and/or local 48,517
1082
characteristics which may attract economic development. In each 48,518
fiscal year, the Director of Development shall allocate no less 48,519
than $400,000 of the foregoing appropriation to marketing 48,521
programs by targeted counties, which are defined as counties that 48,524
have a population of less than 175,000 residents. The balance of 48,526
the appropriation may be used either for marketing programs by 48,527
individual targeted counties or regional marketing campaigns, 48,528
which are defined as marketing programs in which at least one 48,530
targeted county is participating with one or more other targeted 48,531
counties or larger counties. In the event that, during a fiscal 48,532
year, targeted counties are unable to utilize the full amount of 48,533
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 48,534
unutilized balance of funds to regional marketing campaigns. 48,535
Regional Offices and Economic Development 48,537
The foregoing appropriation item 195-415, Regional Offices 48,539
and Economic Development, shall be used for the operating 48,540
expenses of the Economic Development Division and the Regional 48,541
Economic Development Offices and for grants for cooperative 48,542
economic development ventures. 48,543
Of the foregoing appropriation item 195-415, Regional 48,545
Offices and Economic Development, $45,000 in each fiscal year 48,546
shall be used for the Northeast Midwest Institute. 48,547
Section 37.06. Governor's Office of Appalachian Ohio 48,549
Of the foregoing appropriation item 195-416, Governor's 48,551
Office of Appalachia, shall be used for the administrative costs 48,553
of planning and liaison activities for the Governor's Office of 48,555
Appalachian Ohio. Funds not expended for liaison and training 48,557
activities may be expended for special project grants within the 48,558
Appalachian Region. 48,559
Of the foregoing appropriation item 195-416, Governor's 48,561
Office of Appalachia, up to $250,000 each fiscal year shall be 48,563
used to match federal funds from the Appalachian Development 48,565
Commission to provide job training to impact the Appalachian 48,567
1083
Region.
Of the foregoing appropriation item 195-416, Governor's 48,569
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 48,570
used for the Foundation for Appalachian Ohio. The foundation 48,571
shall match the state's contribution on a dollar-for-dollar 48,572
basis.
Urban/Rural Initiative 48,574
The foregoing appropriation item 195-417, Urban/Rural 48,576
Initiative, shall be used to make grants in accordance with 48,577
sections 122.19 to 122.22 of the Ohio Revised Code. 48,578
Technology Action 48,580
With Controlling Board approval, the foregoing 48,582
appropriation item 195-422, Technology Action, shall be used by 48,583
the Governor's Science Advisor, in consultation with the 48,584
Technology Action Fund Review Committee and with the approval of 48,585
the Director of Development, to match funding for high-priority
technology initiatives that will make Ohio entities more 48,586
competitive in federal research and development programs. The 48,587
Governor's Science Advisor, by rule adopted under Chapter 119. of 48,588
the Revised Code, shall promulgate guidelines and criteria for 48,589
the release of funds so as to ensure support for projects that 48,591
advance the state's science and technology priorities, general 48,592
potential economic growth, and leverage other financing sources. 48,593
Of the foregoing appropriation item 195-422, Technology 48,595
Action, $250,000 in fiscal year 2000 shall be used for a 48,596
strategic competitive study for Wright Patterson Air Force Base. 48,597
These state funds shall leverage a minimum of $250,000 in 48,598
matching funds for this purpose. The study shall be conducted by
the Miami Valley Economic Development Coalition. 48,599
Of the foregoing appropriation item 195-422, Technology 48,601
Action, not more than $100,000 in each fiscal year shall be used 48,602
for operating expenditures in administering this program. 48,603
Of the foregoing appropriation item 195-422, Technology 48,605
Action, $100,000 in each fiscal year shall be used for the 48,606
1084
Science and Technology Campus in Columbus. 48,607
Section 37.07. Community Development Corporations 48,609
Of the foregoing appropriation item 195-431, Community 48,611
Development Corporation Grants, a portion of funds in each fiscal 48,613
year of the biennium shall be used to make grants to the Ohio 48,616
Community Development Finance Fund, a nonprofit corporation, in 48,618
order to leverage private-sector funds to assist nonprofit 48,619
development organizations to create affordable housing and 48,620
permanent jobs in distressed areas of the state. The remaining 48,622
moneys shall be used to provide funds to assist local community 48,624
development corporations to develop affordable housing programs 48,626
and economic development programs in their neighborhoods, and for 48,628
operating costs.
Of the foregoing appropriation item 195-431, Community 48,630
Development Corporation Grants, no less than $100,000 in each 48,632
fiscal year shall be used to provide training, technical 48,634
assistance, and capacity building assistance to nonprofit 48,635
development organizations in underserved areas of the state. For 48,637
grants awarded in each fiscal year of the biennium, priority 48,638
shall be given to proposals submitted by nonprofit development 48,639
organizations from underserved areas of the state. 48,640
Section 37.08. International Trade 48,642
The foregoing appropriation item 195-432, International 48,644
Trade, shall be used to operate and to maintain Ohio's 48,645
out-of-state trade offices.
The Director of Development may enter into contracts with 48,647
foreign nationals to staff foreign offices. Such contracts may 48,648
be paid in local currency or United States currency and shall be 48,649
exempt from the provisions of section 127.16 of the Revised Code. 48,651
The director may also establish foreign currency accounts in 48,652
accordance with section 122.05 of the Revised Code for the 48,653
payment of expenses related to the operation and maintenance of 48,654
these foreign trade offices. 48,655
The foregoing appropriation item 195-432, International 48,657
1085
Trade, shall be used to fund the International Trade Division and 48,658
assist Ohio manufacturers and agricultural producers exporting to 48,659
foreign countries in conjunction with the Department of 48,660
Agriculture. 48,661
Of the foregoing appropriation item 195-432, International 48,663
Trade, up to $25,000 may be used to purchase gifts for 48,664
representatives of foreign governments or dignitaries of foreign 48,665
countries. 48,666
Section 37.09. Ohio Industrial Training Program 48,668
The foregoing appropriation item 195-434, Industrial 48,671
Training Grants, shall be used to promote industrial training 48,672
through training grants for the reimbursement of eligible 48,673
training expenses.
Section 37.10. Emergency Shelter Housing Grants 48,675
(A) As used in this section, "emergency shelter housing" 48,677
means a structure suitable for the temporary housing of the 48,679
homeless and the provision of, or referral to, supportive 48,681
services. Shelters that restrict admission to victims of 48,683
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 48,685
(B) The foregoing appropriation item 195-440, Emergency 48,687
Shelter Housing Grants, shall be used by the Office of Housing 48,688
and Community Partnerships in the Department of Development to 48,689
make grants to private, nonprofit organizations to provide 48,690
emergency shelter housing for the homeless. The department shall 48,691
distribute the grants pursuant to rules adopted by the Director 48,692
of Development. The director may amend or rescind such rules and 48,693
may adopt other rules necessary to implement this section. In
awarding grants, the department shall give preference to 48,694
organizations applying to fund existing emergency shelter 48,695
housing.
The department shall notify each organization that applied 48,697
for a grant under this section of the amount of its grant award, 48,698
if any. To receive a grant, the organization shall provide 48,699
1086
matching funds equal to fifty per cent of the total grant it was 48,700
awarded. The organization shall expend its grant for shelter 48,701
operations and supportive services, which include employment
assistance, case management, information and referral services, 48,702
transportation, and clothing. In providing employment 48,703
assistance, the organization shall, at a minimum, refer persons 48,704
to the Ohio Bureau of Employment Services. 48,705
Low and Moderate Income Housing 48,707
The Director of Budget and Management, in consultation with 48,709
the Director of Development, shall use $7,760,000 in each fiscal 48,710
year to support low- and moderate-income housing activities. No 48,711
less than $250,000 per year shall be used from either 48,712
appropriation item 195-441, Low and Moderate Income Housing, or 48,713
appropriation item 195-638, Low and Moderate Income Housing Trust 48,714
Fund, for the Migrant Housing Labor Camp Improvements Program. 48,715
Up to $7,760,000 in each fiscal year shall be transferred from 48,716
appropriation item 195-441, Low and Moderate Income Housing, to 48,717
appropriation item 195-638, Low and Moderate Income Housing Trust 48,718
Fund.
HEAP Weatherization 48,720
Fifteen per cent of the federal funds received by the state 48,722
for the Home Energy Assistance Block Grant shall be deposited in 48,724
the Department of Development's Federal Special Revenue Fund 48,726
(Fund 3K9) and shall be used to provide home weatherization 48,728
services in the state.
Section 37.11. Travel and Tourism Grants 48,730
The foregoing appropriation item 195-507, Travel and 48,732
Tourism Grants, shall be used to provide grants to local 48,734
organizations to support various local travel and tourism events 48,735
in Ohio.
Of the foregoing appropriation item 195-507, Travel and 48,737
Tourism Grants, up to $200,000 in each fiscal year of the 48,738
biennium may be used to support the outdoor dramas Trumpet in the 48,740
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 48,742
1087
Drama; $5,000 in each fiscal year shall go to the Lake County 48,743
Visitors Bureau; $50,000 in fiscal year 2000 shall go to the
Mariemont Seventy-Fifth Anniversary Commemorative and Renewal 48,744
Project; $25,000 in each fiscal year shall go to the Underground 48,746
Railroad Freedom Center, Family History Documentation Program;
$50,000 in each fiscal year shall go to the Cincinnati Ballet; 48,747
$25,000 in each fiscal year shall go to the Ohio River Scenic 48,748
Trails; $75,000 in each fiscal year shall go to the Cincinnati 48,750
Film Commission; $75,000 in each fiscal year shall go to the
Greater Cleveland Media Development Corporation; $100,000 in 48,751
fiscal year 2000 for the 1999 AAU Junior Olympics Cleveland 48,753
Committee, Inc.; $150,000 in fiscal year 2000 for the United 48,754
States International Air and Trade Show in Dayton; $100,000 in 48,755
each fiscal year for the Ohio Heritage Area Program; $40,000 in 48,756
fiscal year 2000 for the River Edges New Environment Renewal Plan 48,758
in Warren; $25,000 in fiscal year 2000 for the Tall Stacks 99 48,759
riverboat festival in Cincinnati; and $875,000 in fiscal year 48,760
2000 and $1,000,000 in fiscal year 2001 shall be used for grants 48,762
to the International Center for the Preservation of Wild Animals. 48,763
Section 37.12. Minority Business Enterprise Loan 48,765
All loan repayments from the Minority Development Financing 48,767
Advisory Board loan program and the Ohio Mini-Loan Guarantee 48,768
Program shall be deposited in the State Treasury, to the credit 48,769
of the Minority Business Enterprise Loan Fund (Fund 4W1). 48,770
All operating costs of administering the Minority Business 48,772
Enterprise Loan Fund shall be paid from the Minority Business 48,773
Enterprise Loan Fund (Fund 4WI).
Minority Business Bonding Fund 48,775
Notwithstanding Chapters 122., 169., and 175. of the 48,777
Revised Code and other provisions of this act, the Director of 48,778
Development may, upon the recommendation of the Minority 48,779
Development Financing Advisory Board, pledge up to $10,000,000 in 48,780
the 1999-2001 biennium of unclaimed funds administered by the 48,781
Director of Commerce and allocated to the Minority Business
1088
Bonding Program pursuant to section 169.05 of the Revised Code. 48,782
The transfer of any cash by the Director of Commerce from the 48,783
Department of Development's Minority Business Bonding Fund (Fund 48,784
543) to the Department of Development's Minority Business Bonding 48,785
Fund (Fund 449) shall occur, if requested by the Director of
Development, only if such funds are needed for payment of losses 48,786
arising from the Minority Business Bonding Program, and only 48,787
after the $2,700,000 transferred to the Minority Business Bonding 48,788
Program by the Controlling Board in 1983 has been used for that 48,789
purpose. Moneys transferred by the Director of Commerce for this 48,790
purpose may be moneys in custodial funds held by the Treasurer of 48,791
State. If expenditures are required for payment of losses
arising from the Minority Business Bonding Program, such 48,793
expenditures shall be made from appropriation item 195-623,
Minority Business Bonding Contingency in the Minority Business 48,794
Bonding Fund, and such amounts are hereby appropriated. 48,795
Minority Business Bonding Program Administration 48,797
Investment earnings of the Minority Business Bonding Fund 48,799
(Fund 449) shall be credited to the Minority Business Bonding 48,800
Program Administration Fund (Fund 450). 48,801
Section 37.13. Economic Development Financing Operating 48,803
The foregoing appropriation item 195-625, Economic 48,805
Development Financing Operating, shall be used for the operating 48,806
expenses of financial assistance programs authorized under 48,807
Chapter 166. of the Revised Code and under sections 122.43 and 48,808
122.45 of the Revised Code. 48,809
All Loan and Grant Programs 48,811
The Department of Development shall continue to submit to 48,813
the General Assembly, the Office of Budget and Management, and 48,815
the Legislative Budget Office of the Legislative Service 48,817
Commission by the first day of April of each year a report 48,818
detailing the status of all open loans and grants made by the 48,819
department and all loans and grants which have been closed out 48,822
during the preceding calendar year. A grant shall be considered 48,823
1089
open for three years from the date it was awarded. The report 48,824
shall identify, where applicable, the date of Controlling Board 48,826
approval, the number of jobs estimated to be retained and 48,827
created, and the number of people estimated to be trained, as 48,828
well as the actual numbers realized to date. In addition, 48,829
beginning on the first day of July of each year, the Department
of Development shall also submit a quarterly report of the loans 48,830
and grants which have been approved from the beginning of the 48,831
current calendar year. 48,832
Rural Revitalization Task Force 48,834
In the 1999-2001 biennium, the department shall coordinate 48,836
an effort to determine potential opportunities to enhance 48,837
economic development activities in distressed rural communities. 48,838
Section 37.14. Facilities Establishment Fund 48,840
The foregoing appropriation item 195-615, Facilities 48,842
Establishment Fund (Fund 037), shall be used for the purposes of 48,843
the Facilities Establishment Fund under Chapter 166. of the 48,845
Revised Code. 48,846
Notwithstanding Chapter 166. of the Revised Code, up to 48,848
$1,600,000 may be transferred each fiscal year from the 48,850
Facilities Establishment Fund (Fund 037) to the Economic 48,851
Development Financing Operating Fund (Fund 451). The transfer is 48,852
subject to Controlling Board approval pursuant to division (B) of 48,854
section 166.03 of the Revised Code. 48,855
Notwithstanding Chapter 166. of the Revised Code, up to 48,857
$3,800,000 may be transferred in each fiscal year of the biennium 48,858
from the Facilities Establishment Fund (Fund 037) to the Minority 48,859
Business Enterprise Loan Fund (Fund 4W1). The transfer is 48,860
subject to Controlling Board approval pursuant to division (B) of 48,861
section 166.03 of the Revised Code. 48,862
Notwithstanding Chapter 166. of the Revised Code, up to 48,864
$5,000,000 cash may be transferred during the biennium from the 48,865
Facilities Establishment Fund (Fund 037) to the Port Authority 48,866
Bond Reserves Fund (Fund 5D1) for use by any port authority in 48,867
1090
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 48,868
Director of Development shall develop program guidelines for the 48,869
transfer and release of funds, including, but not limited to, a 48,870
provision that no port authority shall receive more than 48,871
$2,000,000. The transfer and release of funds are subject to 48,872
Controlling Board approval.
Notwithstanding Chapter 166. of the Revised Code, up to 48,874
$20,000,000 cash may be transferred during the biennium from the 48,875
Facilities Establishment Fund (Fund 037) to the Urban 48,876
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 48,877
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 48,878
release of funds, including, but not limited to, the completion 48,879
of all appropriate environmental assessments before state 48,880
assistance is committed to a project.
Family Farm Loan Program 48,882
Notwithstanding Chapter 166. of the Revised Code, up to 48,884
$2,500,000 shall be transferred during the biennium from moneys 48,885
in the Facilities Establishment Fund (Fund 037) to the Family 48,886
Farm Loan Fund (Fund 5H1) in the Department of Development. 48,887
These moneys shall be used for loan guarantees. The transfer is 48,888
subject to Controlling Board approval. 48,889
Financial assistance from the Family Farm Loan Fund shall 48,892
be repaid to Fund 5H1. This fund is established in accordance 48,893
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 48,894
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 48,897
all outstanding balances, all loan repayments, and any other 48,899
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037). 48,900
Scrap Tire Loans and Grants 48,902
On July 1, 1999, or as soon thereafter as possible, the 48,904
Director of Development shall certify to the Director of Budget 48,905
1091
and Management the balance in Fund 037, Facilities Establishment, 48,906
for the Scrap Tire Loan and Grant Program. The Director of 48,907
Budget and Management shall transfer the certified amount to Fund 48,908
586, Scrap Tire Loans and Grants.
Section 37.15. Supportive Services 48,910
The Director of Development may assess divisions of the 48,912
department for the cost of central service operations. Such an 48,913
assessment shall be based on a plan submitted to and approved by 48,914
the Office of Budget and Management by the first day of August of 48,915
each fiscal year, and contain the characteristics of 48,916
administrative ease and uniform application. 48,917
A division's payments shall be credited to the Supportive 48,919
Services Fund (Fund 135) using an intrastate transfer voucher. 48,920
General Reimbursement 48,922
The foregoing appropriation item 195-636, General 48,924
Reimbursements, shall be used for conference and subscription 48,925
fees and other reimbursable costs. Revenues to the General 48,926
Reimbursement Fund (Fund 685) shall consist of fees and other 48,927
moneys charged for conferences, subscriptions, and other 48,928
administrative costs that are not central service costs. 48,929
State Special Projects 48,931
The foregoing appropriation item 195-639, State Special 48,934
Projects, shall be used as a general account for the deposit of 48,935
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used 48,936
to (1) pay the expenses of verifying the income-eligibility of 48,937
HEAP applicants, (2) market economic development opportunities in 48,938
the state, and (3) leverage additional federal funds. State 48,939
funds shall be used to match federal housing grants for the 48,940
homeless. 48,941
Volume Cap Administration 48,943
The foregoing appropriation item 195-654, Volume Cap 48,945
Administration, shall be used for administrative expenses related 48,946
to the administration of the Volume Cap Program. Revenues 48,948
1092
received by the Volume Cap Administration Fund (Fund 617) shall 48,949
consist of application fees, forfeited deposits, and interest
earned from the custodial account. 48,950
Section 37.16. Job Creation Planning Project 48,952
The Department of Development, with the collaboration of 48,954
the Department of Human Services, shall establish a joint project 48,955
to develop and implement ways to create at least one thousand new 48,956
jobs in each of the following: 48,957
(A) Federal empowerment zones; 48,959
(B) Rural economically depressed counties. 48,961
Not later than December 31, 2000, the departments shall 48,963
jointly issue a final report to the Welfare Oversight Committee 48,964
that describes the activities undertaken pursuant to the joint 48,965
project. The committee may require additional interim reports 48,966
from the departments. 48,967
Section 38. OBD OHIO BOARD OF DIETETICS 48,969
General Services Fund Group 48,971
4K9 860-609 Operating Expenses $ 282,267 $ 276,113 48,976
TOTAL GSF General Services Fund 48,977
Group $ 282,267 $ 276,113 48,980
TOTAL ALL BUDGET FUND GROUPS $ 282,267 $ 276,113 48,983
Section 39. CDR COMMISSION ON DISPUTE RESOLUTION AND 48,986
CONFLICT MANAGEMENT 48,987
General Revenue Fund 48,989
GRF 145-401 Commission on Dispute 48,992
Resolution/Management $ 583,225 $ 597,222 48,994
TOTAL GRF General Revenue Fund $ 583,225 $ 597,222 48,997
General Services Fund Group 49,000
4B6 145-601 Gifts and Grants $ 153,450 $ 157,133 49,005
TOTAL GSF General Services Fund 49,006
Group $ 153,450 $ 157,133 49,009
TOTAL ALL BUDGET FUND GROUPS $ 736,675 $ 754,355 49,012
Commission on Dispute Resolution/Management 49,015
The foregoing appropriation item 145-401, Commission on 49,016
1093
Dispute Resolution/Management, shall be used in each fiscal year 49,017
by the Commission on Dispute Resolution and Conflict Management 49,018
for the purpose of providing dispute resolution and conflict 49,019
management training, consultation, and materials for state and 49,020
local government, communities, school districts, courts and, in 49,021
consultation with the Department of Education, for the purpose of 49,022
offering competitive school conflict programs to school 49,023
districts.
The Commission shall assist the Department of Education in 49,025
the development and dissemination of the school conflict 49,026
management programs to school districts.
Section 40. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 49,028
NETWORK COMMISSION 49,029
General Revenue Fund 49,031
GRF 374-100 Personal Services $ 1,775,810 $ 1,702,801 49,036
GRF 374-200 Maintenance $ 847,878 $ 868,227 49,040
GRF 374-300 Equipment $ 49,038 $ 50,214 49,044
GRF 374-401 Statehouse News 49,046
Bureau $ 265,507 $ 271,880 49,048
GRF 374-404 Telecommunications 49,050
Operating Subsidy $ 5,349,336 $ 5,723,791 49,052
TOTAL GRF General Revenue Fund $ 8,287,569 $ 8,616,913 49,055
General Services Fund Group 49,058
4F3 374-603 Affiliate Services $ 2,729,574 $ 2,753,275 49,063
TOTAL GSF General Services 49,064
Fund Group $ 2,729,574 $ 2,753,275 49,067
State Special Revenue Fund Group 49,069
5D3 374-604 High Definition 49,071
Television $ 12,000,000 $ 0 49,073
TOTAL SSR State Special Revenue $ 12,000,000 $ 0 49,076
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 23,017,143 $ 11,370,188 49,079
Statehouse News Bureau 49,082
The foregoing appropriation item 374-401, Statehouse News 49,084
1094
Bureau, shall be used solely to support the operations of the 49,085
Ohio Statehouse News Bureau. 49,086
Telecommunications Operating Subsidy 49,088
The foregoing appropriation item 374-404, 49,090
Telecommunications Operating Subsidy, shall be distributed by the 49,091
Ohio Educational Telecommunications Network Commission to Ohio's 49,092
qualified public educational television stations, radio reading 49,093
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 49,094
allocation developed by the Ohio Educational Telecommunications 49,095
Network Commission.
Project Equity Fund 49,097
The Project Equity Fund (Fund 4F3) is hereby renamed the 49,099
Affiliates Services Fund (Fund 4F3), and the Fees and Grants Fund 49,100
(Fund 140) and the Fees and Grants Fund (Fund 463) are hereby 49,101
abolished. On July 1, 1999, or as soon thereafter as possible, 49,102
the Director of Budget and Management shall transfer the cash 49,103
balances in the Fees and Grants Fund (Fund 140) and in the Fees
and Grants Fund (Fund 463) to the Affiliates Services Fund (Fund 49,104
4F3). The director shall cancel any existing encumbrances 49,105
against appropriation item 374-601, Fees and Grants (Fund 463), 49,106
and reestablish them against appropriation item 374-603, 49,108
Affiliates Services (Fund 4F3). The amounts of the reestablished 49,109
encumbrances are hereby appropriated.
High Definition Television 49,111
The foregoing appropriation item 374-604, High Definition 49,113
Television, shall be distributed by the Ohio Educational 49,114
Telecommunications Network Commission to public television 49,115
stations for the purchase of high definition television
transmitter hardware. Distribution of moneys appropriated from 49,116
Fund 5D3 shall require approval of the Controlling Board. 49,117
Section 41. ELC OHIO ELECTIONS COMMISSION 49,119
General Revenue Fund 49,121
GRF 051-321 Operating Expenses $ 423,950 $ 444,757 49,126
1095
TOTAL GRF General Revenue Fund 49,129
$ 423,950 $ 444,757 49,132
State Special Revenue Fund Group 49,134
4P2 051-601 Ohio Elections 49,137
Commission Fund $ 150,000 $ 150,000 49,140
TOTAL SSR State Special 49,141
Revenue Fund Group $ 150,000 $ 150,000 49,144
TOTAL ALL BUDGET FUND GROUPS $ 573,950 $ 594,757 49,147
Section 42. FUN STATE BOARD OF EMBALMERS AND FUNERAL 49,150
DIRECTORS 49,151
General Services Fund Group 49,153
4K9 881-609 Operating Expenses $ 472,893 $ 472,893 49,158
TOTAL GSF General Services 49,159
Fund Group $ 472,893 $ 472,893 49,162
TOTAL ALL BUDGET FUND GROUPS $ 472,893 $ 472,893 49,165
Section 43. ERB STATE EMPLOYMENT RELATIONS BOARD 49,168
General Revenue Fund 49,170
GRF 125-321 Operating Expenses $ 3,628,561 $ 3,596,072 49,175
TOTAL GRF General Revenue Fund $ 3,628,561 $ 3,596,072 49,178
General Services Fund Group 49,181
572 125-603 Training and 49,184
Publications $ 70,423 $ 72,113 49,186
TOTAL GSF General Services 49,187
Fund Group $ 70,423 $ 72,113 49,190
TOTAL ALL BUDGET FUND GROUPS $ 3,698,984 $ 3,668,185 49,193
Operating Expenses 49,196
Of the foregoing appropriation item 125-321, Operating 49,198
Expenses, $17,023 in fiscal year 2000 and $34,182 in fiscal year 49,199
2001 shall be used to supplement funding of per diem costs for 49,200
fact-finders.
Training and Publications Fund 49,202
Effective July 1, 1999, the Research and Training Fund 49,204
(Fund 572) is hereby renamed the Training and Publications Fund 49,205
(Fund 572), and the Transcript and Other Fund (Fund 440) is 49,207
1096
hereby abolished. On July 1, 1999, or as soon thereafter as 49,208
possible, the Director of Budget and Management shall transfer 49,209
the cash balance in the Transcript and Other Fund (Fund 440) to 49,210
the Training and Publications Fund (Fund 572). The director 49,211
shall cancel any existing encumbrances against appropriation item 49,212
125-601, Transcript and Other (Fund 440), and reestablish them 49,213
against appropriation item 125-603, Training and Publications 49,214
(Fund 572). The amounts of the reestablished encumbrances are
hereby appropriated. 49,215
Section 44. BES BUREAU OF EMPLOYMENT SERVICES 49,217
General Revenue Fund 49,219
GRF 795-406 Workforce Development $ 350,004 $ 0 49,224
GRF 795-407 OBES Operating $ 23,227,425 $ 0 49,228
GRF 795-408 Labor Market 49,230
Projections $ 180,209 $ 0 49,232
GRF 795-410 Women's Programs $ 474,237 $ 0 49,236
GRF 795-412 Prevailing Wage/Min. 49,238
Wage & Minors $ 2,366,897 $ 0 49,240
GRF 795-413 OSHA Match $ 133,833 $ 0 49,244
GRF 795-414 Apprenticeship 49,246
Council $ 178,590 $ 0 49,248
GRF 795-417 Public Employment 49,250
Risk Reduction
Program $ 1,324,292 $ 0 49,252
TOTAL GRF General Revenue Fund $ 28,235,487 $ 0 49,255
Federal Special Revenue Fund Group 49,258
3S9 795-620 TANF Employment and 49,261
Training $ 700,000 $ 0 49,263
331 795-601 Federal Operating $ 112,769,618 $ 0 49,267
349 795-614 OSHA Enforcement $ 1,293,258 $ 0 49,271
365 795-602 Job Training Program $ 101,224,584 $ 0 49,275
TOTAL FED Federal Special Revenue 49,276
Fund Group $ 215,987,460 $ 0 49,279
State Special Revenue Fund Group 49,282
1097
4A9 795-607 Unemployment 49,285
Compensation
Administration Fund $ 17,015,029 $ 0 49,287
4G1 795-610 Interagency 49,289
Agreements $ 607,279 $ 0 49,291
4R3 795-609 Banking Fees $ 579,040 $ 0 49,295
5A5 795-616 Unemployment 49,297
Compensation Benefit
Automation $ 6,705,016 $ 0 49,299
557 795-613 Apprenticeship 49,301
Council Conference $ 15,000 $ 0 49,303
TOTAL SSR State Special Revenue 49,304
Fund Group $ 24,921,364 $ 0 49,307
TOTAL ALL BUDGET FUND GROUPS $ 269,144,311 $ 0 49,310
Administration Support Services 49,313
The Administrator of the Bureau of Employment Services may 49,315
assess programs of the bureau for the cost of administration, 49,317
support, and technical services. Such an assessment shall be 49,318
based upon a plan submitted to and approved by the Office of 49,319
Budget and Management by the first day of August of each fiscal 49,320
year and shall contain the characteristics of administrative ease 49,321
and uniform application. A program's payments shall be 49,323
transferred via intrastate transfer voucher to the Unemployment 49,325
Compensation Administration Fund (Fund 331). 49,326
Employer Surcharge 49,328
The surcharge and the interest on the surcharge amounts due 49,330
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 49,331
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 49,332
General Assembly shall be assessed, collected, accounted for, and 49,333
made available to the Administrator of the Bureau of Employment 49,334
Services in the same manner as are the surcharge and interest 49,335
amounts pursuant to section 4141.251 of the Revised Code. 49,336
Federal Operating 49,338
From the foregoing appropriation item 795-601, Federal 49,340
1098
Operating, $707,513.42 represents the funds made available to 49,341
this state under section 903 of the Social Security Act, as 49,342
amended. This amount shall be used under the direction of the 49,343
Bureau of Employment Services to pay for administration of the 49,344
state's unemployment compensation law and public employment
offices. No part of the money hereby appropriated may be 49,345
obligated after the expiration of the two-year period beginning 49,346
on the effective date of this section.
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 49,348
General Services Fund Group 49,350
4K9 892-609 Operating Expenses $ 891,949 $ 950,525 49,355
TOTAL GSF General Services 49,356
Fund Group $ 891,949 $ 950,525 49,359
TOTAL ALL BUDGET FUND GROUPS $ 891,949 $ 950,525 49,362
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY 49,365
General Revenue Fund 49,367
GRF 715-501 Local Air Pollution 49,370
Control $ 1,295,661 $ 1,331,940 49,372
GRF 716-321 Central 49,374
Administration $ 3,776,667 $ 3,877,556 49,376
GRF 717-321 Water Quality 49,378
Planning and
Assessment $ 8,707,106 $ 8,947,356 49,380
GRF 718-321 Groundwater $ 1,112,838 $ 1,147,341 49,384
GRF 719-321 Air Pollution Control $ 2,576,286 $ 2,662,369 49,388
GRF 721-321 Public Water System 49,390
Supervision $ 2,791,652 $ 2,879,263 49,392
GRF 723-321 Hazardous Waste $ 232,835 $ 250,883 49,396
GRF 724-321 Pollution Prevention $ 716,856 $ 819,356 49,400
GRF 725-321 Laboratory $ 1,148,662 $ 1,182,713 49,404
GRF 726-321 Emergency Response $ 1,582,266 $ 1,538,553 49,408
GRF 728-321 Environmental 49,410
Financial Assistance $ 25,499 $ 30,137 49,412
GRF 729-321 Solid Waste $ 61,568 $ 72,766 49,416
1099
TOTAL GRF General Revenue Fund $ 24,027,896 $ 24,740,233 49,419
General Services Fund Group 49,422
199 715-602 Laboratory Services $ 802,472 $ 822,893 49,427
4A1 715-640 Operating Expenses $ 3,876,896 $ 4,019,750 49,431
TOTAL GSF General Services 49,432
Fund Group $ 4,679,368 $ 4,842,643 49,435
Federal Special Revenue Fund Group 49,438
3F2 715-630 Revolving Loan Fund - 49,441
Operating $ 3,680,500 $ 3,716,000 49,443
3F3 715-632 Fed Supported Cleanup 49,445
and Response $ 3,064,631 $ 4,464,910 49,447
3F4 715-633 Water Quality 49,449
Management $ 727,000 $ 727,000 49,451
3F5 715-641 Nonpoint Source 49,453
Pollution Management $ 4,700,000 $ 5,300,000 49,455
3J1 715-620 Urban Stormwater $ 500,000 $ 500,000 49,459
3J5 715-615 Maumee River $ 153,680 $ 0 49,463
3K4 715-634 DOD Monitoring and 49,465
Oversight $ 718,301 $ 682,460 49,467
3K6 715-639 Remedial Action Plan $ 750,000 $ 521,400 49,471
3M5 715-652 Haz Mat Transport 49,473
Uniform Safety $ 283,728 $ 284,493 49,475
3N1 715-655 Pollution Prevention 49,477
Grants $ 87,150 $ 25,000 49,479
3N4 715-657 DOE Monitoring and 49,481
Oversight $ 3,868,638 $ 3,883,118 49,483
3S4 715-653 Performance 49,485
Partnership Grants $ 13,795,906 $ 13,754,814 49,487
3T1 715-668 Rural Hardship Grant $ 900,000 $ 100,000 49,491
352 715-611 Wastewater Pollution $ 239,650 $ 240,425 49,495
353 715-612 Public Water Supply $ 260,000 $ 260,000 49,499
356 715-616 Indirect Costs $ 3,000,000 $ 3,000,000 49,503
357 715-619 Air Pollution Control $ 388,750 $ 255,000 49,507
1100
362 715-605 Underground Injection 49,509
Control $ 50,000 $ 0 49,511
TOTAL FED Federal Special Revenue 49,512
Fund Group $ 37,167,934 $ 37,714,620 49,515
State Special Revenue Fund Group 49,518
3T3 715-669 Drinking Water SRF $ 5,414,115 $ 5,260,935 49,523
4C3 715-647 Central Support 49,525
Indirect $ 7,103,081 $ 7,150,702 49,527
4J0 715-638 Underground Injection 49,529
Control $ 347,808 $ 357,265 49,531
4K2 715-648 Clean Air - Non Title 49,533
V $ 2,882,688 $ 3,183,577 49,535
4K3 715-649 Solid Waste $ 10,471,339 $ 10,779,003 49,539
4K4 715-650 Surface Water 49,541
Protection $ 7,117,576 $ 7,134,669 49,543
4K5 715-651 Drinking Water 49,545
Protection $ 4,344,761 $ 4,460,047 49,547
4P5 715-654 Cozart Landfill $ 133,640 $ 137,382 49,551
4R5 715-656 Scrap Tire Management $ 3,333,097 $ 2,441,618 49,555
4R9 715-658 Voluntary Action 49,557
Program $ 771,406 $ 801,634 49,559
4T3 715-659 Clean Air Title V 49,561
Permit Program $ 16,254,785 $ 17,466,741 49,563
4U7 715-660 Construction & 49,565
Demolition Debris $ 122,000 $ 127,500 49,567
5H4 715-664 Groundwater Support $ 1,383,904 $ 1,412,845 49,571
500 715-608 Immediate Removal 49,573
Special Account $ 800,390 $ 601,597 49,575
503 715-621 Hazardous Waste 49,577
Facility Management $ 8,219,531 $ 8,283,100 49,579
503 715-662 Hazardous Waste 49,581
Facility Board $ 654,214 $ 641,903 49,583
505 715-623 Hazardous Waste 49,585
Cleanup $ 12,914,553 $ 11,881,897 49,587
1101
541 715-670 Environmental 49,589
Protection
Remediation Fund $ 2,417,353 $ 2,024,727 49,591
542 715-671 Risk Management 49,593
Reporting $ 480,200 $ 480,200 49,595
592 715-627 Anti-Tampering 49,597
Settlement $ 16,530 $ 15,334 49,599
6A1 715-645 Environmental 49,601
Education $ 2,137,081 $ 2,138,253 49,603
602 715-626 Motor Vehicle 49,605
Inspection and
Maintenance $ 2,630,980 $ 2,474,801 49,607
644 715-631 ER Radiological 49,609
Safety $ 183,380 $ 184,893 49,611
660 715-629 Infectious Wastes 49,613
Management $ 127,849 $ 131,251 49,615
676 715-642 Water Pollution 49,617
Control Loan
Administration $ 100,000 $ 1,060,000 49,619
678 715-635 Air Toxic Release $ 355,457 $ 370,598 49,623
679 715-636 Emergency Planning $ 1,897,343 $ 1,950,986 49,627
696 715-643 Air Pollution Control 49,629
Administration $ 765,621 $ 790,153 49,631
699 715-644 Water Pollution 49,633
Control
Administration $ 487,633 $ 500,384 49,635
TOTAL SSR State Special Revenue 49,636
Fund Group $ 93,868,315 $ 94,243,995 49,639
TOTAL ALL BUDGET FUND GROUPS $ 159,743,513 $ 161,541,491 49,642
Central Support Indirect Chargeback 49,645
The Environmental Protection Agency, with approval of the 49,647
Director of Budget and Management, shall utilize a methodology 49,648
for determining each division's payments into the Operating 49,649
Expenses Fund (Fund 4A1). The methodology used shall contain the 49,650
1102
characteristics of administrative ease and uniform application. 49,651
Payments to the Operating Expenses Fund (Fund 4A1) shall be made
using an intrastate transfer voucher. 49,652
Memorandum of Understanding 49,654
Due to the competitive economic forces of Ohio's bordering 49,656
states, the Director of the Environmental Protection Agency 49,657
should actively pursue a memorandum of understanding with the 49,658
United States Environmental Protection Agency for the Voluntary 49,659
Action Program in Ohio. A memorandum of understanding will raise 49,660
the level of comfort and protection for participants in the 49,661
Voluntary Action Program, with the goal of attracting economic
development and enhancing environmental protection. 49,662
Scrap Tire Transfers 49,664
Not later than September 1, 1999, the Director of 49,666
Environmental Protection shall transfer cash in the amount of 49,668
$400,000 from the Scrap Tire Management Fund (Fund 4R5) to the
Department of Development Scrap Tire Loans and Grants Fund (Fund 49,669
586). The transfer will reimburse the Department of Development 49,670
for expenditures made for a tire development and reprocessing 49,671
project. This payment is in lieu of the fiscal year 1998 funding 49,672
for the Scrap Tire Development and Reprocessing Project 49,673
prescribed in Section 58 of Am. Sub. H.B. 215 of the 122nd 49,674
General Assembly.
Notwithstanding division (G)(3) of section 3734.82 of the 49,676
Revised Code, not later than March 1, 2000, the Director of 49,677
Environmental Protection, with the concurrence of the Director of 49,678
Development, shall certify to the Director of Budget and 49,679
Management the amount overpaid in prior fiscal years to the Scrap 49,680
Tire Management Fund and transferred to the Department of 49,681
Development. In fiscal years 2000 and 2001, the Director of 49,682
Environmental Protection shall request that the Director of 49,683
Budget and Management transfer $1,000,000, prescribed in division 49,684
(G)(3) of section 3734.82 of the Revised Code, less one-half of 49,686
the amount of the certified overpayment from the Scrap Tire 49,687
1103
Management Fund (Fund 4R5) to the Scrap Tire Loans and Grants 49,688
Fund (Fund 586).
Ashtabula River Project 49,690
The Director of Environmental Protection, with the approval 49,693
of the Director of Budget and Management, shall transfer cash in 49,694
an amount not to exceed $4,000,000 in fiscal year 2000 and an 49,695
amount not to exceed $3,000,000 in fiscal year 2001 from the
Hazardous Waste Cleanup Fund (Fund 505) to the Environmental 49,696
Protection Remediation Fund (Fund 541). The amounts of the cash 49,697
transferred is hereby appropriated. 49,699
Toussaint River Project 49,701
Of the foregoing appropriation item 717-321, Water Quality 49,703
Planning and Assessment, $100,000 in fiscal year 2000 shall be 49,704
used for the Toussaint River Ordinance Clean-Up Project. 49,705
Areawide Planning Agencies 49,707
Of the foregoing appropriation item, 717-321, Water Quality 49,709
Planning and Assessment, $450,000 in fiscal year 2000 and 49,710
$450,000 in fiscal year 2001 shall be divided evenly between the 49,711
following six areawide planning agencies: Eastgate Development 49,712
and Transportation Agency, Toledo Metropolitan Area Council of 49,713
Governments, Northeast Ohio Four County Regional Planning and 49,714
Development Organization, Northeast Ohio Areawide Coordinating 49,715
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 49,716
and Miami Valley Regional Planning Commission. 49,717
Study of Division of Surface Water and Division of Air 49,719
Pollution Control 49,720
The Director of Environmental Protection shall conduct a 49,722
study of the operations of the Division of Surface Water and the 49,723
Division of Air Pollution Control in the Environmental Protection 49,724
Agency and make recommendations for improving efficiencies within 49,725
those divisions. The study may address the following topics: 49,726
(1) Standardization of permit application requirements; 49,728
(2) Computerization of information regarding the status of 49,730
permit applications, and the ability of permit applicants to 49,731
1104
access that information; 49,732
(3) Definition and coordination of the roles of agency 49,734
district offices and the central office in the permitting 49,735
process;
(4) Review of unwritten division policies and determination 49,737
of which of those policies should be adopted as rules; 49,738
(5) Determination of the efficiency of implementing 49,740
permits by rule and general permits. 49,741
The director shall submit a report containing the findings 49,743
of the study and recommendations to the Governor, the Director of 49,744
Budget and Management, the President and Minority Leader of the 49,745
Senate, and the Speaker and Minority Leader of the House of 49,747
Representatives not later than June 30, 2000. The report shall 49,748
include recommendations concerning resource allocation, staff 49,749
utilization, fee structures, and permit processing as well as 49,750
plans for the implementation of the recommendations to improve 49,751
operational efficiency.
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION 49,753
General Revenue Fund 49,755
GRF 172-321 Operating Expenses $ 463,373 $ 464,059 49,760
TOTAL GRF General Revenue Fund $ 463,373 $ 464,059 49,763
TOTAL ALL BUDGET FUND GROUPS $ 463,373 $ 464,059 49,766
Section 48. ETH OHIO ETHICS COMMISSION 49,769
General Revenue Fund 49,771
GRF 146-321 Operating Expenses $ 1,312,468 $ 1,304,989 49,776
TOTAL GRF General Revenue Fund $ 1,312,468 $ 1,304,989 49,779
General Services Fund Group 49,782
4M6 146-601 Operating Expenses $ 338,667 $ 363,766 49,787
TOTAL GSF General Services 49,788
Fund Group $ 338,667 $ 363,766 49,791
TOTAL ALL BUDGET FUND GROUPS $ 1,651,135 $ 1,668,755 49,794
Section 49. EXP OHIO EXPOSITIONS COMMISSION 49,797
General Revenue Fund 49,799
GRF 723-403 Junior Fair Subsidy $ 500,000 $ 525,000 49,804
1105
GRF 723-404 State Fair Reserve $ 700,000 $ 0 49,808
TOTAL GRF General Revenue Fund $ 1,200,000 $ 525,000 49,811
State Special Revenue Fund Group 49,814
506 723-601 Operating Expenses $ 13,483,707 $ 13,945,497 49,819
4N2 723-602 Ohio State Fair 49,821
Harness Racing $ 475,000 $ 500,000 49,823
640 723-603 State Fair Reserve $ 700,000 $ 0 49,827
TOTAL SSR State Special Revenue 49,828
Fund Group $ 14,658,707 $ 14,445,497 49,831
TOTAL ALL BUDGET FUND GROUPS $ 15,858,707 $ 14,970,497 49,834
State Fair Reserve 49,837
Within thirty days after the effective date of this 49,839
section, the Director of Budget and Management shall transfer 49,840
$700,000 in cash by intrastate transfer voucher from 49,841
appropriation item 723-404 to Fund 640, State Fair Reserve, which 49,842
is hereby created.
The foregoing appropriation item 723-603, State Fair 49,844
Reserve, shall serve as a budget reserve fund for the Ohio 49,845
Expositions Commission in the event of a significant decline in 49,846
attendance due to inclement weather or extraordinary 49,847
circumstances during the Ohio State Fair and resulting in a loss 49,848
of revenue. The State Fair Reserve may be used by the Ohio 49,849
Expositions Commission to pay bills resulting from the Ohio State 49,850
Fair only if all the following criteria are met: 49,851
(A) Admission revenues for the 1999 Ohio State Fair are 49,853
less than $2,580,000 or admission revenues for the 2000 Ohio 49,854
State Fair are less than $2,660,000 due to inclement weather or 49,855
extraordinary circumstances. These amounts are ninety per cent 49,856
of the projected admission revenues for each year. 49,857
(B) The Ohio Expositions Commission declares a state of 49,859
fiscal exigency and requests release of funds by the Director of 49,860
Budget and Management. 49,861
(C) The Director of Budget and Management releases the 49,863
funds. The Director of Budget and Management may approve or 49,864
1106
disapprove the request for release of funds, may increase or 49,865
decrease the amount of release, and may place such conditions as 49,866
the director deems necessary on the use of the released funds. 49,867
The Director of Budget and Management may transfer appropriation 49,868
authority from fiscal year 2000 to fiscal year 2001 as needed. 49,869
Not later than October 15 of each fiscal year, the Director 49,871
of Budget and Management, in consultation with the Expositions 49,872
Commission, shall determine the amount of available funds in Fund 49,873
640, State Fair Reserve. The Director of Budget and Management 49,874
may then transfer all or part of the available balance, as 49,875
needed, to Fund 5A4, Junior Fair Subsidy, which is hereby 49,876
created. Any amounts transferred to Fund 5A4, Junior Fair 49,877
Subsidy, shall be in addition to existing appropriations that 49,878
support Junior Fair activities.
Section 50. GOV OFFICE OF THE GOVERNOR 49,880
General Revenue Fund 49,882
GRF 040-321 Operating Expenses $ 4,621,451 $ 4,764,041 49,887
GRF 040-403 National Governors 49,889
Conference $ 170,848 $ 175,973 49,891
GRF 040-408 Office of Veterans' 49,893
Affairs $ 266,938 $ 274,866 49,895
TOTAL GRF General Revenue Fund $ 5,059,237 $ 5,214,880 49,898
General Services Fund Group 49,901
412 040-607 Notary Commission $ 156,666 $ 161,289 49,906
TOTAL GSF General Services 49,907
Fund Group $ 156,666 $ 161,289 49,910
TOTAL ALL BUDGET FUND GROUPS $ 5,215,903 $ 5,376,169 49,913
Appointment of Legal Counsel for the Governor 49,916
The Governor may expend a portion of the foregoing 49,918
appropriation item 040-321, Operating Expenses, to hire or 49,919
appoint legal counsel to be used in proceedings involving the 49,920
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 49,921
notwithstanding sections 109.02 and 109.07 of the Revised Code. 49,922
1107
Section 51. DOH DEPARTMENT OF HEALTH 49,924
General Revenue Fund 49,926
GRF 440-402 Osteoporosis 49,929
Awareness $ 50,000 $ 50,000 49,931
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 49,935
GRF 440-407 Encephalitis Control 49,937
Project $ 246,967 $ 250,484 49,939
GRF 440-412 Cancer Incidence 49,941
Surveillance System $ 877,770 $ 878,159 49,943
GRF 440-413 Ohio Health Care 49,945
Policy and Data $ 3,848,845 $ 3,848,845 49,947
GRF 440-416 Child and Family 49,949
Health Services $ 11,384,151 $ 11,244,770 49,951
GRF 440-418 Immunizations $ 7,417,075 $ 8,096,207 49,955
GRF 440-424 Kid's Card $ 250,000 $ 250,000 49,958
GRF 440-430 Adult Care Facilities $ 1,836,179 $ 1,818,757 49,962
GRF 440-439 Nursing Home Survey 49,964
and Certification $ 3,081,223 $ 3,159,794 49,966
GRF 440-444 AIDS Prevention/AZT $ 8,080,677 $ 8,784,732 49,970
GRF 440-445 Nurse Aide Program $ 618,832 $ 620,832 49,974
GRF 440-451 Prevention $ 6,134,734 $ 7,128,593 49,978
GRF 440-452 Child and Family 49,980
Health Care
Operations $ 989,603 $ 979,196 49,982
GRF 440-453 Quality Assurance $ 5,920,825 $ 5,946,099 49,986
GRF 440-457 Services to State 49,988
Employees $ 135,143 $ 134,700 49,990
GRF 440-459 Ohio Early Start $ 12,380,104 $ 12,380,104 49,994
GRF 440-461 Vital Statistics $ 3,579,867 $ 3,541,713 49,998
GRF 440-501 Local Health 50,000
Districts $ 4,059,968 $ 4,157,407 50,002
GRF 440-504 Poison Control 50,004
Network $ 447,000 $ 451,728 50,006
1108
GRF 440-505 Medically Handicapped 50,008
Children $ 12,533,049 $ 12,533,049 50,010
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 50,014
GRF 440-507 Cystic Fibrosis $ 799,968 $ 800,136 50,018
GRF 440-508 Migrant Health $ 125,460 $ 128,471 50,022
GRF 440-509 Health Services 50,024
Agencies $ 300,000 $ 150,000 50,026
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 50,030
TOTAL GRF General Revenue Fund $ 86,899,893 $ 89,148,845 50,033
General Services Fund Group 50,036
142 440-618 General Operations $ 3,661,794 $ 3,395,177 50,041
211 440-613 Central Support 50,043
Indirect Costs $ 24,374,512 $ 25,014,398 50,045
473 440-622 Lab Operating 50,047
Expenses $ 3,788,586 $ 3,843,985 50,049
683 440-633 Employee Assistance 50,051
Program $ 1,063,630 $ 1,034,876 50,053
698 440-634 Nurse Aide Training $ 300,000 $ 307,800 50,057
TOTAL GSF General Services 50,058
Fund Group $ 33,188,522 $ 33,596,236 50,061
Federal Special Revenue Fund Group 50,064
320 440-601 Maternal Child Health 50,067
Block Grant $ 26,200,000 $ 26,855,000 50,069
387 440-602 Preventive Health 50,071
Block Grant $ 8,786,601 $ 8,786,601 50,073
389 440-604 Women, Infants, and 50,075
Children $ 177,000,000 $ 177,000,000 50,077
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 50,081
392 440-618 General Operations $ 63,328,268 $ 64,876,942 50,085
TOTAL FED Federal Special Revenue 50,086
Fund Group $ 295,174,513 $ 297,879,637 50,089
State Special Revenue Fund Group 50,092
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 50,097
1109
4F9 440-610 Sickle Cell Disease 50,099
Control $ 966,867 $ 988,347 50,101
4G0 440-636 Heirloom Birth 50,103
Certificate $ 135,206 $ 138,853 50,105
4G0 440-637 Birth Certificate 50,107
Surcharge $ 51,400 $ 52,839 50,109
4L3 440-609 Miscellaneous 50,111
Expenses $ 445,000 $ 445,000 50,113
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 50,117
4V6 440-641 Save Our Sight $ 800,000 $ 800,000 50,120
470 440-618 General Operations $ 12,541,756 $ 12,320,915 50,124
471 440-619 Certificate of Need $ 321,962 $ 330,371 50,128
477 440-627 Medically Handicapped 50,130
Children Audit $ 1,600,000 $ 1,600,000 50,132
5B5 440-616 Quality, Monitoring, 50,134
and Inspection $ 740,973 $ 759,670 50,136
5C0 440-615 Alcohol Testing and 50,138
Permit $ 1,305,067 $ 1,325,113 50,140
5C1 440-642 TANF Family Planning $ 250,000 $ 250,000 50,144
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 50,148
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 50,152
610 440-626 Radiation Emergency 50,154
Response $ 920,982 $ 921,584 50,155
666 440-607 Medically Handicapped 50,157
Children-County
Assessments $ 14,433,293 $ 14,039,889 50,159
TOTAL SSR State Special Revenue 50,160
Fund Group $ 40,557,358 $ 39,659,340 50,163
Holding Account Redistribution Fund Group 50,166
R14 440-631 Vital Statistics $ 68,691 $ 68,691 50,171
R48 440-625 Refunds, Grants 50,173
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 50,175
1110
TOTAL 090 Holding Account 50,176
Redistribution
Fund Group $ 78,971 $ 78,971 50,179
TOTAL ALL BUDGET FUND GROUPS $ 455,899,257 $ 460,363,029 50,182
Hemophilia Services 50,185
Of the foregoing appropriation item 440-406, Hemophilia 50,187
Services, $205,000 in each fiscal year shall be used to implement 50,188
the Hemophilia Insurance Pilot Project. 50,189
Of the foregoing appropriation item 440-406, Hemophilia 50,191
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 50,192
year 2001 shall be used by the Department of Health to provide 50,193
grants to the nine hemophilia treatment centers to provide 50,194
prevention services for persons with hemophilia and their family 50,195
members affected by AIDS and other bloodborne pathogens. 50,196
Cancer Registry System 50,198
Of the foregoing appropriation item 440-412, Cancer 50,200
Incidence Surveillance System, $50,000 in each fiscal year shall 50,201
be provided to the Northern Ohio Cancer Resource Center. 50,202
The remaining moneys in appropriation item 440-412, Cancer 50,204
Incidence Surveillance System, shall be used to fund the Cancer 50,205
Surveillance System maintained and operated by the Arthur G. 50,206
James Cancer Hospital and Research Institute of The Ohio State 50,207
University pursuant to sections 3335.60 to 3335.62 of the Revised 50,209
Code.
The Department of Health shall provide the Arthur G. James 50,211
Cancer Hospital and Research Institute of The Ohio State 50,212
University with all of its records pertaining to the department's 50,213
former duties under sections 3701.261 (3335.60), 3701.262 50,214
(3335.61), and 3701.263 (3335.62) of the Revised Code as those 50,215
sections existed immediately prior to the effective date of their 50,216
amendment by this act. 50,217
Health Care Policy and Data 50,219
From the foregoing appropriation item 440-413, Ohio Health 50,221
Care Policy and Data, $750,000 in each fiscal year shall be used 50,222
1111
for grants that enhance the quality and delivery of public and 50,223
private health services. Funds shall be distributed by the 50,224
Director of Health for a period of up to two years. The funds 50,225
granted by the Department of Health or other state dollars shall
constitute no more than 50 per cent of the total cost of the 50,226
program or project. The grantees shall use data collection and 50,227
analysis, community health needs assessments, and outcome 50,228
measurement to achieve the goals of the program or project. 50,229
Funded programs and projects shall demonstrate collaborative 50,230
activities between public health agencies and organizations,
provider alliances and organizations, or providers of acute 50,231
health care services. 50,232
Child and Family Health Services 50,234
Of the foregoing appropriation item 440-416, Child and 50,236
Family Health Services, $1,700,000 in each fiscal year shall be 50,237
used for family planning services. None of the funds received 50,239
through these family planning grants shall be used to provide 50,241
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 50,242
except in the case of a medical emergency. These funds shall be 50,243
distributed on the basis of the relative need in the community 50,244
served by the Director of Health to family planning programs, 50,245
which shall include family planning programs funded under Title V 50,246
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 50,248
301, as amended, and Title X of the "Public Health Services Act," 50,249
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 50,250
other family planning programs which the Department of Health 50,251
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 50,252
emergency, with state moneys, but that otherwise substantially 50,253
comply with the quality standards for such programs under Title V 50,254
and Title X.
The Director of Health shall, by rule, provide reasonable 50,256
methods by which a grantee wishing to be eligible for federal 50,257
1112
funding may comply with these requirements for state funding 50,258
without losing its eligibility for federal funding. 50,259
Of the foregoing appropriation item 440-416, Child and 50,261
Family Health Services, $150,000 in each fiscal year shall be 50,262
used to provide malpractice insurance for physicians and other 50,264
health professionals providing prenatal services in programs 50,265
funded by the Department of Health. 50,266
Of the foregoing appropriation item 440-416, Child and 50,268
Family Health Services, $650,000 in each fiscal year shall be 50,270
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 50,272
Family Health Services, $200,000 shall be used in each fiscal 50,274
year for the OPTIONS dental care access program. 50,275
Of the foregoing appropriation item 440-416, Child and 50,277
Family Health Services, $400,000 in each fiscal year shall be 50,278
used by local Child and Family Health Services Clinics to provide 50,279
services to uninsured low-income persons. 50,280
Of the foregoing appropriation item 440-416, Child and 50,282
Family Health Services, $600,000 in each fiscal year shall be 50,283
used by Federally Qualified Health Centers and federally 50,284
designated look-alikes to provide services to uninsured 50,285
low-income persons.
Of the foregoing appropriation item 440-416, Child and 50,287
Family Health Services, $25,000 in fiscal year 2000 shall be 50,288
provided to the Cincinnati Down Syndrome Association. 50,289
Of the foregoing appropriation item 440-416, Child and 50,291
Family Health Services, $40,000 in each fiscal year shall be 50,292
provided to the Wellness Community Center. 50,293
Of the foregoing appropriation item 440-416, Child and 50,295
Family Health Services, $100,000 in fiscal year 2000 shall be 50,296
provided to the Marietta Community Nutrition Program for Children 50,297
in Washington County.
Of the foregoing appropriation item 440-416, Child and 50,299
Family Health Services, $55,000 in each fiscal year shall be 50,300
1113
provided to the Miami Valley Youth Health Improvement Coalition. 50,301
Of the foregoing appropriation item 440-416, Child and 50,303
Family Health Services, $50,000 in fiscal year 2000 shall be used 50,304
for the Harrison Hills Clean Air Project. 50,305
HIV/AIDS Prevention/Protease Inhibitors 50,307
Of the foregoing appropriation item 440-444, AIDS 50,309
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 50,310
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 50,311
in acquiring protease inhibitor drugs. 50,312
Of the foregoing appropriation item 440-444, AIDS 50,314
Prevention/AZT, $124,500 in each fiscal year shall be used for 50,315
the AIDS Drug Reimbursement Program pursuant to section 3701.241 50,316
of the Revised Code and Title XXVI of the "Public Health Services 50,317
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 50,318
Department of Health is authorized to adopt rules pursuant to 50,319
Chapter 119. of the Revised Code as necessary for the 50,320
administration of the program. 50,321
Prevention 50,323
Of the foregoing appropriation item 440-451, Prevention, 50,325
$100,000 shall be used in each fiscal year for rape prevention 50,327
programs.
Of the foregoing appropriation item 440-451, Prevention, 50,329
$450,000 in fiscal year 2001 shall be used for rabies prevention. 50,330
Ohio Early Start 50,332
Of the foregoing appropriation item 440-459, Ohio Early 50,334
Start, $5.9 million in fiscal year 2000 and $6.0 million in 50,335
fiscal year 2001 shall be used for Welcome Home services that 50,336
include home visits by registered nurses to first-time and teen 50,337
parents.
The remaining moneys in appropriation item 440-459, Ohio 50,339
Early Start, shall be used to provide services to children under 50,340
age three who are at risk of developmental delay or child abuse 50,341
and neglect. The appropriation shall be allocated with the 50,342
approval of the Family and Children First Cabinet Council and 50,343
1114
pursuant to rules adopted in accordance with Chapter 119. of the 50,344
Revised Code.
Poison Control Network 50,346
Of the foregoing appropriation item 440-504, Poison Control 50,348
Network, all available funds in each fiscal year shall be used by 50,349
the Department of Health for grants to the consolidated Ohio 50,350
Poison Control Center to provide poison control services to Ohio 50,351
citizens. 50,352
Tuberculosis 50,354
The foregoing appropriation item 440-506, Tuberculosis, 50,356
shall be used to make payments to counties pursuant to section 50,357
339.43 of the Revised Code. 50,358
Health Services Agencies 50,360
The foregoing appropriation item 440-509, Health Services 50,362
Agencies, shall be used as supplemental General Revenue Fund 50,363
subsidy funding for the seven health service agencies that are 50,364
active upon the effective date of this section. It is the intent 50,365
of the General Assembly to phase out General Revenue Fund subsidy 50,366
funding for health service agencies over the course of the 50,367
biennium beginning July 1, 1999, and to terminate such GRF 50,368
subsidy funding with the biennium beginning July 1, 2001. 50,369
Maternal Child Health Block Grant 50,371
Of the foregoing appropriation item 440-601, Maternal Child 50,373
Health Block Grant (Fund 320), $2,091,299 shall be used in each 50,374
fiscal year for the purposes of abstinence-only education. The 50,375
Director of Health shall develop guidelines for the establishment 50,376
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 50,377
shall be pursuant to Title V of the "Social Security Act," 42 50,378
U.S.C.A. 510, and shall include, but are not limited to, 50,379
advertising campaigns and direct training in schools and other 50,380
locations.
A portion of the foregoing appropriation item 440-601, 50,382
Maternal Child Health Block Grant (Fund 320), may be used to 50,383
1115
ensure that current information on sudden infant death syndrome 50,384
is available for distribution by local health districts. 50,385
Genetics Services 50,387
The foregoing appropriation item 440-608, Genetics Services 50,389
(Fund 4D6), shall be used by the Department of Health to 50,390
administer programs authorized by sections 3701.501 and 3701.502 50,391
of the Revised Code. 50,392
Sickle Cell Fund 50,394
The foregoing appropriation item 440-610, Sickle Cell 50,396
Disease Control (Fund 4F9), shall be used by the Department of 50,397
Health to administer programs authorized by section 3701.131 of 50,398
the Revised Code. The source of the funds is as specified in 50,399
section 3701.23 of the Revised Code. 50,400
Osteoporosis Awareness Program 50,402
Grants from pharmaceutical companies, and others, for the 50,404
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 50,405
Non-Governmental Revenue, and shall be used, along with 50,406
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 50,408
Office of Women's Health Initiatives to implement an Osteoporosis 50,409
Awareness Program.
Medically Handicapped Children Audit 50,411
The Medically Handicapped Children Audit Fund (Fund 477) 50,413
shall receive revenue from audits of hospitals and recoveries 50,414
from third-party payors. Moneys may be expended for payment of 50,415
audit settlements and for costs directly related to obtaining 50,416
recoveries from third-party payors and for encouraging Program 50,417
for Medically Handicapped Children recipients to apply for 50,418
third-party benefits. Moneys also may be expended for payments 50,419
for diagnostic and treatment services on behalf of medically 50,420
handicapped children, as defined in division (A) of section 50,421
3701.022 of the Revised Code, and Ohio residents who are 50,422
twenty-one or more years of age and who are suffering from cystic 50,423
fibrosis.
TANF Family Planning 50,425
1116
The Director of Budget and Management shall transfer, no 50,427
later than 15 days after the effective date of this section, cash 50,428
from the General Revenue Fund, appropriation item 400-410, TANF 50,429
State, to State Special Revenue Fund 5C1 in the Department of 50,430
Health, in an amount of $250,000 in fiscal year 2000. These funds 50,431
are to be appropriated in appropriation item 440-642, TANF Family 50,432
Planning, for the purpose of family planning services for 50,433
children or their families whose income is at or below 200 per 50,434
cent of the official poverty guideline. 50,435
The Director of Budget and Management shall transfer, no 50,437
later than July 15, 2000, cash from the General Revenue Fund, 50,438
appropriation item 600-410, TANF State, to State Special Revenue 50,439
Fund 5C1 in the Department of Health, in an amount of $250,000 in 50,440
fiscal year 2001. These funds are to be appropriated in 50,441
appropriation item 440-642, TANF Family Planning, for the purpose 50,442
of family planning services for children or their families whose 50,443
income is at or below 200 per cent of the official poverty 50,444
guideline. 50,445
As used in this section, "poverty guideline" means the 50,447
official poverty guideline as revised annually by the United 50,448
States Secretary of Health and Human Services in accordance with 50,449
section 673 of the Community Services Block Grant Act, 95 Stat. 50,450
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 50,451
to the size of the family of the person whose income is being 50,452
determined.
Rabies Prevention 50,454
The foregoing appropriation item 440-624, Health Services 50,456
(Fund 5E1), shall be used for rabies prevention. 50,457
Medically Handicapped Children - County Assessments 50,460
The foregoing appropriation item 440-607, Medically 50,462
Handicapped Children - County Assessments (Fund 666), shall be 50,463
used to make payments pursuant to division (E) of section 50,464
3701.023 of the Revised Code. 50,465
Cash Transfer from Liquor Control Fund to Alcohol Testing 50,467
1117
and Permit Fund 50,468
The Director of Budget and Management, pursuant to a plan 50,470
submitted by the Department of Health, or as otherwise determined 50,472
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 50,474
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 50,475
needs of the Alcohol Testing and Permit program. 50,476
The Director of Budget and Management shall transfer to the 50,478
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 50,479
Control Fund (Fund 043) established in section 4301.12 of the 50,480
Revised Code such amounts at such times as determined by the 50,481
transfer schedule.
Indigent Persons Care Study 50,483
Before December 31, 1999, the Department of Health shall 50,485
submit a report to the Governor, the Speaker of the House of 50,486
Representatives, the President of the Senate, the Minority Leader 50,487
of the House of Representatives, the Minority Leader of the 50,488
Senate, the Legislative Budget Office of the Legislative Service 50,489
Commission, and the Office of Budget and Management. The report 50,490
shall include findings based on the data collected between July 50,491
1, 1997, and June 30, 1999, regarding the number of indigent 50,492
persons involved in motor vehicle accidents, the cost of the 50,493
indigent persons' medical care, and how the care was paid for. 50,494
Section 52. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 50,496
General Revenue Fund 50,498
GRF 148-100 Personal Services $ 173,950 $ 178,125 50,503
GRF 148-200 Maintenance $ 37,422 $ 38,320 50,507
TOTAL GRF General Revenue Fund $ 211,372 $ 216,445 50,510
General Services Fund Group 50,512
601 148-602 Gifts and 50,515
Miscellaneous $ 8,107 $ 8,302 50,517
TOTAL GSF General Services 50,518
Fund Group $ 8,107 $ 8,302 50,521
TOTAL ALL BUDGET FUND GROUPS $ 219,479 $ 224,747 50,524
1118
Resource Utilization Study 50,527
The Commission on Hispanic/Latino Affairs shall explore 50,529
with the University of Toledo, or any other state university or 50,530
college, better options for utilizing the state resources 50,531
provided to the commission. The commission shall submit a report 50,532
of its findings to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader 50,533
of the House of Representatives, and the Minority Leader of the 50,534
Senate by December 31, 2000. 50,535
Section 53. OHS OHIO HISTORICAL SOCIETY 50,537
General Revenue Fund 50,539
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 50,544
GRF 360-502 Site Operations $ 7,713,699 $ 7,406,284 50,548
GRF 360-503 Ohio Bicentennial 50,550
Commission $ 1,146,155 $ 1,108,063 50,552
GRF 360-504 Ohio Preservation 50,554
Office $ 418,507 $ 426,824 50,556
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 50,560
GRF 360-506 Hayes Presidential 50,562
Center $ 751,229 $ 769,258 50,564
GRF 360-508 Historical Grants $ 2,917,000 $ 600,000 50,568
GRF 360-509 Adena Visitor Center 50,570
and Grounds $ 1,200,000 $ 0 50,572
GRF 360-511 Battle Flags 50,573
Restoration $ 125,000 $ 125,000 50,575
TOTAL GRF General Revenue Fund $ 19,257,139 $ 15,540,630 50,578
TOTAL ALL BUDGET FUND GROUPS $ 19,257,139 $ 15,540,630 50,581
Subsidy Appropriation 50,584
Upon approval by the Director of Budget and Management, the 50,586
foregoing appropriation items shall be released to the Ohio 50,587
Historical Society in quarterly amounts that in total do not 50,588
exceed the annual appropriations. The funds and fiscal records 50,589
of the society for fiscal years 2000 and 2001 shall be examined 50,590
by independent certified public accountants approved by the 50,591
1119
Auditor of State, and a copy of the audited financial statements 50,592
shall be filed with the Office of Budget and Management. The 50,593
society shall prepare and submit to the Office of Budget and 50,595
Management the following:
(A) An estimated operating budget for each fiscal year of 50,597
the biennium. The operating budget shall be submitted at or near 50,598
the beginning of each year. 50,599
(B) Financial reports, indicating actual receipts and 50,601
expenditures for the fiscal year to date. These reports shall be 50,602
filed at least semiannually during the fiscal biennium. 50,603
The foregoing appropriations shall be considered to be the 50,605
contractual consideration provided by the state to support the 50,606
state's offer to contract with the Ohio Historical Society under 50,607
section 149.30 of the Revised Code. 50,608
Study to Determine Digitizing Costs 50,610
The Ohio Historical Society, with the assistance of the 50,612
Department of Administrative Services and the cooperation of the 50,613
Department of Health when relevant, shall conduct a study to 50,614
determine the feasibility, advisability, reasonable timelines, 50,615
and probable costs of digitizing its archives and library 50,616
records, the birth and death records maintained by the Ohio
Department of Health, and such other historical records for the 50,617
purpose of providing internet access to such records. The 50,618
society shall report findings of the study to the Governor and 50,619
the General Assembly by December 31, 1999. 50,620
Site Operations 50,622
Of the foregoing appropriation item 360-502, Site 50,624
Operations, $150,000 in fiscal year 2000 shall be used for the 50,625
Neil Armstrong Museum and $231,000 in fiscal year 2000 shall be 50,626
used for the Piqua Historical Area.
Ohio Bicentennial Commission 50,628
Of the foregoing appropriation item 360-503, Ohio 50,630
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 50,631
used for the Newark Bicentennial, $25,000 in fiscal year 2000 50,632
1120
shall be used for the Greenfield Bicentennial, $25,000 in fiscal 50,633
year 2000 shall be used for the Bethel Bicentennial, and $50,000 50,634
in fiscal year 2000 shall be used for the Aurora Bicentennial.
Historical Grants 50,636
Of the foregoing appropriation item 360-508, Historical 50,638
Grants, $1,000,000 in fiscal year 2000 shall be distributed to 50,639
the Cleveland Museum of Art; $25,000 in each fiscal year shall be 50,640
used for Thurber House; $225,000 in each fiscal year shall be 50,641
used for the American Classical Music Hall of Fame and Museum;
$1,000,000 in fiscal year 2000 shall be distributed to the 50,642
Western Reserve Historical Society; $10,000 in fiscal yar 2000 50,643
shall be released to Historic Hopewell; $50,000 in fiscal year 50,644
2000 shall be used for the Noble County Historical Society; 50,645
$250,000 in each fiscal year shall be used for the Great Lakes 50,646
Historical Society/Maritime Museum; $100,000 in fiscal year 2000
shall be used for the Tallmadge Church State Memorial; $100,000 50,647
in each fiscal year shall be used for the Erie Canal Association; 50,648
$50,000 in fiscal year 2000 shall be used for the Fountain Square 50,649
Renovation in Cincinnati; $7,000 in fiscal year 2000 shall be 50,650
used for the Franklin College Museum; and $100,000 in fiscal year 50,651
2000 shall be used for the Hebrew Union College Holocaust Records 50,652
Studies Program.
Adena Visitor Center and Grounds 50,654
The foregoing appropriation item 360-509, Adena Visitor 50,656
Center and Grounds, shall be used toward the completion of a 50,657
visitor center and the repair, restoration, and renovation of 50,658
existing structures in preparation for Ohio's bicentennial 50,659
celebration.
Hayes Presidential Center 50,661
If a United States government agency, including, but not 50,663
limited to, the National Park Service, chooses to take over the 50,664
operations and/or maintenance of the Hayes Presidential Center, 50,665
in whole or in part, the Ohio Historical Society shall make 50,667
arrangements with the National Park Service or other United
1121
States government agency for the efficient transfer of operations 50,669
and/or maintenance.
Ohio Historical Society Review Committee 50,671
(A) There is hereby created the Ohio Historical Society 50,673
Review Committee consisting of seven members. The Governor, the 50,674
Speaker of the House of Representatives, the President of the 50,675
Senate, and the minority leaders of the House and the Senate 50,676
shall each appoint one member. The President of the Ohio 50,677
Historical Society Board of Trustees, and another member of the 50,678
Ohio Historical Society Board shall also be members. 50,679
(1) All members shall serve without compensation. 50,681
(2) Four members shall constitute a quorum. 50,683
(3) The society's members shall include one representative 50,685
who is elected by the society and one who is appointed by the 50,686
Governor.
(4) The review committee shall select a chairperson from 50,688
among its members.
(B) The task of the review committee shall include, but is 50,690
not limited to, the formulation of financial alternatives 50,691
concerning future funding needs, a review of the appropriateness 50,692
of the statutory duties of the society, and a review of the 50,693
financial and governance relationship between the state and the
Ohio Historical Society. 50,694
(C) The review committee shall make recommendations to the 50,696
Governor, the House of Representatives, the Senate, and the Ohio 50,697
Historical Society by October 1, 2000, at which time the 50,699
committee shall be terminated.
(D) The review committee may enter into professional 50,701
services contracts to assist with their review. Such expenses, 50,702
and other expenses related to the activities of the review 50,703
committee, shall be paid from the foregoing appropriation item 50,705
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 50,706
Section 54. REP OHIO HOUSE OF REPRESENTATIVES 50,708
1122
General Revenue Fund 50,710
GRF 025-321 Operating Expenses $ 17,989,966 $ 17,989,966 50,715
TOTAL GRF General Revenue Fund $ 17,989,966 $ 17,989,966 50,718
General Services Fund Group 50,721
103 025-601 House Reimbursement $ 1,287,500 $ 1,287,500 50,726
4A4 025-602 Miscellaneous Sales $ 33,990 $ 33,990 50,730
TOTAL GSF General Services 50,731
Fund Group $ 1,321,490 $ 1,321,490 50,734
TOTAL ALL BUDGET FUND GROUPS $ 19,311,456 $ 19,311,456 50,737
Section 55. HUM DEPARTMENT OF HUMAN SERVICES 50,740
General Revenue Fund 50,742
GRF 400-100 Personal Services 50,745
State $ 36,596,987 $ 0 50,749
Federal $ 17,903,068 $ 0 50,753
Personal Services 50,755
Total $ 54,500,055 $ 0 50,757
GRF 400-200 Maintenance 50,759
State $ 17,044,633 $ 0 50,763
Federal $ 7,409,647 $ 0 50,767
Maintenance Total $ 24,454,280 $ 0 50,771
GRF 400-300 Equipment 50,773
State $ 925,465 $ 0 50,777
Federal $ 406,522 $ 0 50,781
Equipment Total $ 1,331,987 $ 0 50,785
GRF 400-402 Electronic Benefits 50,787
Transfer (EBT)
State $ 7,260,457 $ 0 50,791
Federal $ 7,260,458 $ 0 50,795
EBT Total $ 14,521,095 $ 0 50,799
GRF 400-405 Family Violence 50,801
Prevention Programs $ 812,274 $ 0 50,803
GRF 400-408 Child & Family 50,805
Services Activities $ 3,104,606 $ 0 50,807
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 50,811
1123
GRF 400-410 TANF State $ 261,857,133 $ 0 50,815
GRF 400-411 TANF Federal Block 50,817
Grant $ 417,200,000 $ 0 50,819
GRF 400-413 Day Care Match/Maint. 50,821
of Effort $ 76,454,292 $ 0 50,823
GRF 400-416 Computer Projects 50,825
State $ 69,280,200 $ 0 50,829
Federal $ 29,719,800 $ 0 50,833
Computer Projects 50,835
Total $ 99,000,000 $ 0 50,837
GRF 400-420 Child Support 50,839
Administration $ 7,125,822 $ 0 50,841
GRF 400-426 Children's Health 50,843
Insurance Program
State $ 2,104,086 $ 0 50,847
Federal $ 4,656,614 $ 0 50,851
Children's Health 50,853
Insurance Program
Total $ 6,760,700 $ 0 50,855
GRF 400-502 Child Support Match $ 20,207,796 $ 0 50,859
GRF 400-504 Non-TANF County 50,861
Administration $ 76,017,940 $ 0 50,863
GRF 400-511 Disability Assistance $ 52,400,000 $ 0 50,867
GRF 400-512 Non-TANF Emergency 50,869
Assistance $ 4,200,000 $ 0 50,871
GRF 400-522 Burial Claims $ 1,338,062 $ 0 50,875
GRF 400-525 Health Care/Medicaid 50,877
State $2,286,724,346 $ 0 50,881
Federal $3,220,800,570 $ 0 50,885
Health Care/Medicaid 50,887
Total $5,507,524,916 $ 0 50,889
GRF 400-527 Child Protective 50,891
Services $ 54,808,735 $ 0 50,893
GRF 400-528 Adoption Services 50,895
1124
State $ 27,253,334 $ 0 50,899
Federal $ 25,996,634 $ 0 50,903
Adoption Services 50,905
Total $ 53,249,968 $ 0 50,907
GRF 400-534 Adult Protective 50,909
Services $ 3,031,340 $ 0 50,911
GRF 400-552 County Social 50,913
Services $ 12,072,886 $ 0 50,915
TOTAL GRF General Revenue Fund 50,916
State $2,799,189,999 $ 0 50,920
Federal $3,967,121,403 $ 0 50,924
GRF Total $6,766,311,402 $ 0 50,928
General Services Fund Group 50,931
4A8 400-658 Child Support 50,934
Collections $ 42,751,619 $ 0 50,936
4R4 400-665 BCII Service Fees $ 110,119 $ 0 50,940
5C9 400-671 Medicaid Program 50,942
Support $ 83,135,065 $ 0 50,944
613 400-645 Training Activities $ 75,000 $ 0 50,948
TOTAL GSF General Services 50,949
Fund Group $ 126,071,803 $ 0 50,952
Federal Special Revenue Fund Group 50,955
3A2 400-641 Emergency Food 50,958
Distribution $ 1,499,480 $ 0 50,960
3D3 400-648 Children's Trust Fund 50,962
Federal $ 2,040,524 $ 0 50,964
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 50,968
3F0 400-650 Hospital Care 50,970
Assurance Match $ 319,566,075 $ 0 50,972
3G5 400-655 Interagency 50,974
Reimbursement $ 775,423,674 $ 0 50,976
3G9 400-657 Special 50,978
Activities/Self
Sufficiency $ 498,600 $ 0 50,980
1125
3H7 400-617 Day Care Federal $ 155,531,296 $ 0 50,984
3N0 400-628 IV-E Foster Care 50,986
Maintenance/Pass 50,987
Through $ 162,844,023 $ 0 50,989
3S5 400-622 Child Support 50,991
Projects $ 534,050 $ 0 50,993
316 400-602 State and Local 50,995
Training $ 6,770,894 $ 0 50,997
327 400-606 Child Welfare $ 29,007,597 $ 0 51,001
384 400-610 Food Stamps and State 51,003
Administration $ 141,595,547 $ 0 51,005
385 400-614 Foreign Refugees $ 7,309,725 $ 0 51,009
395 400-616 Special 51,011
Activities/Child and
Family Services $ 4,418,844 $ 0 51,013
396 400-620 Social Services Block 51,015
Grant $ 73,947,634 $ 0 51,017
397 400-626 Child Support $ 216,456,690 $ 0 51,021
398 400-627 Adoption Maintenance/ 51,023
Administration $ 204,774,490 $ 0 51,026
TOTAL FED Federal Special Revenue 51,027
Fund Group $2,320,304,935 $ 0 51,030
State Special Revenue Fund Group 51,033
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 51,038
4E3 400-605 Nursing Home 51,040
Assessments $ 92,910 $ 0 51,042
4E7 400-604 Child and Family 51,044
Services Collections $ 138,780 $ 0 51,046
4F1 400-609 Foundation 51,048
Grants/Child and
Family Services $ 1,383,822 $ 0 51,050
4J5 400-613 Nursing Facility Bed 51,052
Assessments $ 32,319,125 $ 0 51,054
1126
4J5 400-618 Residential State 51,056
Supplement Payments $ 14,112,907 $ 0 51,058
4K1 400-621 ICF MR Bed 51,060
Assessments $ 21,323,562 $ 0 51,062
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 51,066
4V2 400-612 Child Support 51,068
Activities $ 124,993 $ 0 51,070
421 400-625 Health Care 51,072
Compliance $ 10,000,000 $ 0 51,074
5E3 400-633 EBT Contracted 51,075
Services $ 1,000,000 $ 0 51,077
5E4 400-615 Private Child Care 51,079
Agencies Training $ 10,280 $ 0 51,081
6A7 400-656 Ford Foundation 51,083
Grants/Self
Sufficiency $ 61,680 $ 0 51,085
600 400-603 Third-Party 51,087
Recoveries $ 13,000,000 $ 0 51,089
651 400-649 Hospital Care 51,091
Assurance Program $ 228,951,047 $ 0 51,093
TOTAL SSR State Special Revenue 51,094
Fund Group $ 326,686,270 $ 0 51,097
Agency Fund Group 51,100
192 400-646 Support Intercept - 51,103
Federal $ 68,354,979 $ 0 51,105
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 51,109
583 400-642 Support 51,111
Intercept-State $ 14,458,021 $ 0 51,113
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 51,116
Holding Account Redistribution Fund Group 51,119
R12 400-643 Refunds and Audit 51,122
Settlements $ 200,000 $ 0 51,124
R13 400-644 Forgery Collections $ 700,000 $ 0 51,128
1127
TOTAL 090 Holding Account 51,129
Redistribution
Fund Group $ 900,000 $ 0 51,132
TOTAL ALL BUDGET FUND GROUPS $9,628,227,410 $ 0 51,135
Section 55.01. Family Violence Prevention 51,138
The foregoing appropriation item 400-405, Family Violence 51,140
Prevention Programs, may be used to provide grants for county and 51,141
local family violence prevention community education initiatives, 51,142
and to provide funding for domestic violence shelters that the 51,143
Department of Human Services determines are exclusively for 51,145
victims of domestic violence.
Section 55.02. Health Care/Medicaid 51,147
The foregoing appropriation item 400-525, Health 51,149
Care/Medicaid, shall not be limited by the provisions of section 51,150
131.33 of the Revised Code. 51,151
Section 55.03. Medicaid Eligibility Simplifications 51,153
(A) The Department of Human Services may implement a 51,155
series of initiatives designed to simplify eligibility 51,156
determination procedures in the Medicaid program. The 51,157
initiatives may be designed to do the following: 51,158
(1) Reduce the complexity of the processes used in 51,160
applying for benefits and in making eligibility determinations, 51,161
including redeterminations of eligibility; 51,162
(2) Create and promote consistency from county to county 51,164
with regard to the Medicaid application and eligibility 51,165
determination processes; 51,166
(3) Coordinate, where possible, the Medicaid application 51,168
and eligibility determination processes with other health and 51,169
human services programs; 51,170
(4) Provide information to the public regarding the 51,172
opportunity to receive Medicaid benefits and how to apply for 51,173
them.
(B) During state fiscal year 2000, the Department of Human 51,175
Services may work with a targeted group of county departments of 51,176
1128
human services in developing and testing the initiatives to 51,177
determine which initiatives would be best for implementation 51,178
statewide. The department may work with the county departments 51,179
from the following counties: Butler, Clermont, Cuyahoga, 51,180
Franklin, Hamilton, Hocking, Warren, and any other counties 51,181
selected by the department. During state fiscal year 2001, the 51,182
department may promote the initiatives that were determined to be 51,184
best for statewide implementation.
County Outreach Plans 51,186
The Department of Human Services may allow for the 51,188
pass-through of federal nonenhanced Medicaid administrative 51,189
matching funds to county departments of human services that 51,190
submit Medicaid outreach plans that meet the requirements of this 51,191
section.
(A) The Department of Human Services may approve only 51,193
those plans that: 51,194
(1) Incorporate methods that the department has determined 51,196
will be effective in increasing the enrollment of eligible 51,197
individuals in Medicaid;
(2) Provide sufficient local match to meet the nonfederal 51,199
share of the county plan; 51,200
(3) Comply with the laws of this state and federal 51,202
regulations.
(B) The total amount passed through under this section 51,204
shall not exceed $4,000,000 in fiscal year 2000 and $4,000,000 in 51,205
fiscal year 2001. 51,206
(C) In the event that changes occur in the requirements 51,208
for federal funding for Medicaid administration or outreach, 51,209
including changes in continuation of the enhanced Medicaid 51,210
outreach funds through the Personal Responsibility and Work 51,211
Opportunity Reconciliation Act of 1996 beyond federal fiscal year 51,212
1999, the Department of Human Services may terminate the 51,213
pass-through of federal funds authorized by this section. 51,214
Section 55.04. Community Based Providers 51,216
1129
From the foregoing appropriation item 400-525, Health 51,218
Care/Medicaid, $34,600,000 in fiscal year 2000 shall be used to 51,219
increase reimbursements in accordance with division (B) of 51,220
section 5111.025 of the Revised Code.
Section 55.05. Disability Assistance 51,222
The following schedule shall be used to determine monthly 51,224
grant levels in the Disability Assistance Program effective July 51,225
1, 1999. 51,226
Persons in 51,228
Assistance Group Monthly Grant 51,229
1 $115 51,232
2 159 51,233
3 193 51,234
4 225 51,235
5 251 51,236
6 281 51,237
7 312 51,238
8 361 51,239
9 394 51,240
10 426 51,241
11 458 51,242
12 490 51,243
13 522 51,244
14 554 51,245
For each additional person add 40 51,248
TANF Federal Funds 51,251
Upon the request of the Department of Human Services, the 51,253
Controlling Board may increase appropriations in appropriation 51,255
item 400-411, TANF Federal Block Grant, provided sufficient 51,256
Federal TANF block grant funds exist to do so, without any 51,257
corresponding decrease in other appropriation items. The 51,259
department shall first provide the Office of Budget and
Management with documentation to support the need for the 51,260
increased appropriation.
1130
All transfers of moneys from or charges against TANF 51,262
Federal Block Grant awards for use in the Social Services Block 51,263
Grant or the Child Care Development Block Grant from either 51,264
unobligated prior year appropriation authority in item 400-411, 51,265
or from FY 2000 appropriation authority in item 400-411, that 51,266
meet or exceed the Controlling Board thresholds as defined in
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 51,267
Code, shall be done only with the approval of the Controlling 51,268
Board. The Department of Human Services shall first provide the 51,269
Office of Budget and Management with documentation to support the 51,270
need for such transfers or charges for use in the Social Services 51,271
Block Grant or in the Child Care Development Block Grant. 51,272
TANF Cash Assistance 51,274
The Department of Human Services shall use a portion of the 51,276
moneys appropriated for the TANF program in appropriation items 51,277
400-410, 400-411, and 400-658 to increase the cash assistance 51,278
provided to recipients of benefits under the TANF program by up 51,279
to three per cent as compared to the cash assistance provided 51,280
prior to July 1, 1999. The increased TANF cash assistance
benefit shall be effective January 1, 2000. 51,281
TANF County Incentives 51,283
Of the foregoing appropriation item 400-411, TANF Federal 51,285
Block Grant, the Department of Human Services may provide 51,287
financial incentives to those county departments of human 51,288
services that have exceeded performance standards adopted by the 51,289
state department, and where the board of county commissioners has 51,290
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 51,291
of the county department. Any financial incentive funds provided 51,292
pursuant to this division shall be used by the county department 51,293
for additional or enhanced services for families eligible for 51,294
assistance under Chapter 5107. or 5108. of the Revised Code or, 51,296
upon request by the county and approval by the Department of
Human Services, be transferred to the Child Care Development Fund 51,297
1131
or the Social Services Block Grant. The county departments of 51,298
human services may retain and expend such funds without regard to 51,300
the state or county fiscal year in which the financial incentives 51,301
were earned or paid. Each county department of human services 51,302
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 51,303
these financial incentives and an evaluation of the effectiveness 51,304
of the county department's use of these funds in achieving 51,305
self-sufficiency for families eligible for assistance under 51,306
Chapter 5107. or 5108. of the Revised Code.
TANF Transportation Services 51,308
From the foregoing appropriation items 400-410, TANF State, 51,310
or 400-411, TANF Federal Block Grant, or a combination of both, 51,311
up to $5,000,000 in fiscal year 2000 shall be used to expand the 51,312
accessibility of transportation services for participants in 51,313
programs funded from these appropriation items. 51,314
Hamilton Health Care Center 51,316
In fiscal year 2000, the Director of Human Services shall 51,318
provide $100,000 from appropriation item 400-410, TANF State, to 51,319
the Butler County department of human services for the purpose of 51,320
contracting with the Hamilton Health Care Center to provide 51,321
health care services for children or their families who reside in 51,322
Butler County whose income is at or below 200 per cent of the 51,323
official income poverty guideline. The Butler County Department 51,324
of Human Services and the Hamilton Health Care Center shall agree 51,325
on reporting requirements that meet all TANF reporting
requirements and time lines specified by the Department of Human 51,326
Services to be incorporated into the contract. 51,328
As used in this section, "poverty guideline" means the 51,330
official proverty guideline as revised annually by the United 51,331
States Secretary of Health and Human Services in accordance with 51,332
section 673 of the "Community Services Block Grant Act," 95 Stat. 51,333
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 51,335
to the size of the family of the person whose income is being
1132
determined. 51,336
Alcohol and Drug Addiction Services Transfer 51,338
From the foregoing appropriation item 400-410, TANF State, 51,340
no later than 30 days after the effective date of this section, 51,341
the Director of Budget and Management shall transfer $1,500,000 51,342
in appropriation authority to State Special Revenue Fund 5B7, 51,343
appropriation item 038-629, TANF Transfer-Treatment, and $123,864 51,344
in appropriation authority to State Special Revenue Fund 5E8, 51,345
appropriation item 038-630, TANF Transfer-Mentoring, in the 51,346
Department of Alcohol and Drug Addiction Services. Of the 51,348
amounts transferred, $1,500,000 in appropriation authority shall 51,349
be used to provide substance abuse prevention and treatment 51,350
services to children, or their families, whose income is at or 51,351
below 200 per cent of the official income poverty guideline. The 51,352
remaining $123,864 in transferred appropriation authority shall 51,353
be used to fund adolescent youth mentoring programs for children 51,354
or their families whose income is at or below 200 per cent of the 51,355
official income poverty guideline. The Department of Alcohol and 51,356
Drug Addiction Services shall comply with all TANF reporting 51,357
requirements and timelines specified by the Department of Human 51,358
Services.
Individual Development Accounts 51,360
From the foregoing appropriation items 400-410, TANF State, 51,362
or 400-411, TANF Federal Block Grant, or a combination of both, 51,363
up to $2,000,000 in fiscal year 2000 shall be used to allow 51,365
county departments of human services to make matching
contributions to Individual Development Accounts that have been 51,366
established by residents of the county. 51,367
Human Services Personal Care Assistance 51,369
In fiscal year 2000, the Director of Human Services shall 51,371
provide $240,000 from appropriation item 400-410, TANF State to 51,372
be divided between the county departments of human services of 51,373
Cuyahoga County and Franklin County to contract with the 51,374
Rehabilitation Services Commission to place up to 25
1133
TANF-eligible persons into jobs as personal care assistants. The 51,376
county departments of human services in Cuyahoga County and 51,377
Franklin County and the Rehabilitation Services Commission shall 51,378
agree on reporting requirements that meet all TANF reporting
requirements and timelines specified by the Department of Human 51,379
Services to be incorporated into the contract. 51,380
TANF Family Planning 51,382
The Director of Budget and Management shall transfer, no 51,384
later than 15 days after the effective date of this section, 51,385
$250,000 in fiscal year 2000 from appropriation item 400-410, 51,386
TANF State, or 400-411, TANF Federal Block Grant, or a 51,387
combination of both, to State Special Revenue Fund 5C1, TANF
Family Planning, in the Department of Health, to be used for 51,388
family planning services. 51,389
Ohio Association of Second Harvest Food Banks 51,391
The Department of Human Services may use up to $2,500,000 51,393
in fiscal year 2000 of the funds transferred from the Temporary 51,394
Assistance to Needy Families Block Grant to the Social Services 51,395
Block Grant to support expenditures to Ohio Association of Second 51,396
Harvest Food Banks pursuant to the following criteria.
As used in this section, "proverty guideline" means the 51,398
official poverty guideline as revised annually by the United 51,399
States Secretary of Health and Human Services in accordance with 51,400
section 673 of the "Community Services Block Grant Act," 95 Stat. 51,401
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 51,403
to the size of the family of the person whose income is being
determined. 51,404
The Department of Human Services shall provide an annual 51,406
grant of $2,500,000 in fiscal year 2000 to the Ohio Association 51,407
of Second Harvest Food Banks. In fiscal year 2000, the Ohio 51,408
Association of Second Harvest Food Banks shall use $1,500,000 for 51,409
the purchase of food products for the Ohio Food Program of which 51,410
up to $105,000 may be used for food storage and transport and
shall use $1,000,000 for the Agricultural Surplus Production 51,411
1134
Alliance Project. Funds provided for the Ohio Food Program shall 51,412
be used to purchase food products and distribute those food 51,413
products to agencies participating in the emergency food
distribution program. No funds provided through this grant may 51,414
be used for administrative expenses other than funds provided for 51,415
food storage and transport. As soon as possible after entering 51,416
into a grant agreement at the beginning of the fiscal year, the 51,417
Department of Human Services shall distribute the grant funds in 51,418
one single payment. The Ohio Association of Second Harvest Food 51,419
Banks shall develop a plan for the distribution of the food 51,420
products to local food distribution agencies. Agencies receiving
these food products shall ensure that individuals and families 51,421
who receive any of the food products purchased with these funds 51,422
have an income at or below 150 per cent of the poverty guideline. 51,423
The Department of Human Services and the Ohio Association of 51,424
Second Harvest Food Banks shall agree on reporting requirements 51,425
to be incorporated into the grant agreement.
Any fiscal year 2000 funds from this grant remaining 51,427
unspent on June 30, 2000, shall be returned by the Ohio 51,428
Association of Second Harvest Food Banks to the Department of 51,429
Human Services no later than November 1, 2000.
Computer Related Services 51,431
The Department of Human Services may use up to $20,000,000 51,433
in state fiscal year 2000 of the funds transferred from the 51,434
Temporary Assistance to Needy Families to the Social Service 51,435
Block Grant to support computer related expenditures for services 51,436
that benefit the County Department of Human Services. 51,437
Additional Maintenance of Effort and Matching Funding for 51,439
the Child Care Development Fund 51,440
The Department of Human Services may transfer sufficient 51,442
moneys from the Temporary Assistance to Needy Families Block 51,443
Grant to the Social Service Block Grant to support matching and 51,444
maintenance of effort requirements of the Child Care Development 51,445
Fund in order to match all funds for which Ohio is eligible.
1135
TANF Funds for Audit Adjustment 51,447
During the month of July 1999, the Department of Human 51,449
Services shall deposit $1,000,000 into the General Revenue Fund 51,450
from TANF funds transferred from the TANF Block Grant into the 51,451
Social Services Block Grant to support the increase of the state 51,452
share of the increase to appropriation item 400-100, Personal
Services. 51,453
Additional Funding for the AdoptOhio Program 51,455
The Department of Human Services may use up to $1,495,395 51,457
in state fiscal year 2000 of the funds transferred from the 51,458
Temporary Assistance to Needy Families Block Grant to the Social 51,459
Service Block Grant to support expenditures for AdoptOhio if the 51,460
existing appropriations in 400-408 is not sufficient to support 51,461
the program.
Inner City Youth Opportunities Program 51,463
In fiscal year 2000, the Director of Human Services shall 51,465
provide $75,000 from appropriation item 400-410, TANF State, to 51,466
the Hamilton County department of human services to contract with 51,467
the Inner City Youth Opportunities organization of Cincinnati for 51,468
the purpose of providing allowable services to TANF-eligible 51,469
individuals. The Hamilton County department of human services 51,470
and Inner City Youth Opportunities shall agree on reporting 51,471
requirements that meet all TANF reporting requirements and
timelines specified by the Department of Human Services to be 51,472
incorporated into the contract. 51,473
TANF Fatherhood Programs 51,475
From the foregoing appropriation item 400-411, TANF Federal 51,477
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 51,478
to support local fatherhood programs. Of the foregoing 51,479
$5,000,000, $300,000 in fiscal year 2000 shall be used to 51,480
establish and operate a Fatherhood Commission. Of the foregoing
$5,000,000, $310,000 in fiscal year 2000 shall be provided to the 51,481
Cuyahoga County Department of Human Services to contract with the 51,482
Center for Families and Children for the purpose of providing 51,483
1136
allowable services to TANF-eligible individuals. The Cuyahoga 51,484
County Department of Human Services and the Center for Families 51,485
and Children shall agree on reporting requirements to be
incorporated into the contract. 51,486
TANF Adult Literacy and Child Reading Programs 51,488
From the foregoing appropriation item 400-411, TANF Federal 51,490
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 51,491
to support local adult literacy and child reading programs. 51,492
Child Nutrition Services 51,494
The Department of Human Services shall use up to $2,500,000 51,496
in fiscal year 2000 of the funds transferred from the Temporary 51,497
Assistance to Needy Families Block Grant to the Social Services 51,498
Block Grant to support Child Nutrition Services in the Department 51,499
of Education. As soon as possible after the effective date of 51,500
this section, the Department of Human Services shall enter into 51,501
an interagency agreement with the Department of Education to 51,502
reimburse the 19 pilot programs that provide nutritional evening 51,503
meals to adolescents aged 13 through 18 participating in 51,504
educational or enrichment activities at youth development 51,505
centers. Such funds shall not be used as matching funds. 51,506
Eligibility and reporting guidelines will be detailed in the 51,507
interagency agreement. 51,508
The Director of Budget and Management shall increase the 51,510
appropriation item authority by $2,500,000 for State Special 51,511
Revenue Fund, 5B1, Child Nutrition Services, in the Department of 51,512
Education. 51,513
Cincinnati YWCA GED and Child Care Programs 51,515
In fiscal year 2000, the Director of Human Services shall 51,517
provide $65,000 from appropriation item 400-410, TANF State, to 51,518
the Hamilton County department of human services to contract with 51,519
the YWCA of Greater Cincinnati for the purpose of providing a 51,520
General Educational Development (GED) program to TANF-eligible 51,521
individuals, and child care to individuals enrolled in the GED 51,522
program. The Hamilton County department of human services and
1137
the YWCA of Greater Cincinnati shall agree on reporting 51,523
requirements that meet all TANF reporting requirements and 51,524
timelines specified by the Department of Human Services to be 51,525
incorporated into the contract.
Single Allocation for County Departments of Human Services 51,527
Using the foregoing appropriation items 400-504, Non-TANF 51,529
County Administration; 400-610, Food Stamps and State 51,530
Administration; 400-410, TANF State; 400-411, TANF Federal Block 51,532
Grant; 400-620, Social Services Block Grant; 400-552, County 51,533
Social Services; 400-413, Day Care Match/Maintenance of Effort; 51,534
400-617, Day Care Federal; 400-534, Adult Protective Services; 51,535
and 400-614, Foreign Refugees, the Department of Human Services 51,536
may establish a single allocation for county departments of human 51,537
services that are subject to a partnership agreement between a 51,538
board of county commissioners and the department. The county 51,539
department is not required to use all the money from one or more 51,540
of the foregoing appropriations items listed in this paragraph 51,541
for the purpose for which the specific appropriation item is made 51,542
so long as the county department uses the money for a purpose for 51,543
which at least one of the other of those foregoing appropriation 51,544
items is made. The county department may not use the money in 51,545
the allocation for a purpose other than a purpose for which any 51,546
of those foregoing appropriation items are made. If the spending 51,547
estimates used in establishing the single allocation are not 51,548
realized and the county department uses money in one or more of 51,549
those foregoing appropriation items in a manner for which federal 51,550
financial participation is not available, the department shall 51,551
use state funds available in one or more of those foregoing 51,552
appropriation items to ensure that the county department receives 51,553
the full amount of its allocation. The single allocation is the 51,554
maximum amount the county department will receive from those 51,555
foregoing appropriation items. 51,556
Reports on Interagency Transfers 51,558
With regard to the foregoing appropriation item 400-655, 51,560
1138
Interagency Reimbursement, the Department of Human Services shall 51,561
provide the Legislative Budget Office of the Legislative Service 51,562
Commission with a report each month that details interagency 51,564
transfers through the appropriation item. The reports shall 51,565
break down transfers by agency and appropriation item to which 51,566
transfers are made. Transfers shall further be broken down by 51,567
source of federal funds, including federal program number (as
shown in the Catalog of Federal Domestic Assistance), grant 51,568
number, and department reporting category number. In addition, 51,569
transfers of Medicaid dollars shall be grouped between 51,570
reimbursement for services and administrative costs. Reports 51,571
shall be provided to the Legislative Budget Office of the 51,572
Legislative Service Commission within two weeks after the end of 51,574
the month.
Section 55.06. Hospital Care Assurance Match 51,576
Appropriation item 400-650, Hospital Care Assurance Match, 51,579
shall be used by the Department of Human Services to receive and 51,580
distribute funds in connection with the Hospital Care Assurance 51,581
Program.
Section 55.07. Transfer of Funds 51,583
The Department of Human Services shall transfer, through 51,585
intrastate transfer vouchers, cash from State Special Revenue 51,586
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 51,587
Community-Based Services, in the Department of Mental Retardation 51,588
and Developmental Disabilities. The sum of the transfers shall 51,589
be equal to the amounts appropriated in fiscal year 2000 in 51,590
appropriation item 322-604, Waiver - Match. The transfer may 51,592
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 51,593
The Department of Human Services shall transfer, through 51,595
intrastate transfer vouchers, cash from the State Special Revenue 51,596
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 51,597
4J4, PASSPORT, in the Department of Aging. The sum of the 51,598
transfers shall be equal to the amount appropriated in fiscal 51,599
1139
year 2000 in appropriation item 490-610, PASSPORT/Residential 51,602
State Supplement. The transfer may occur on a quarterly basis or 51,603
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 51,605
The Department of Human Services shall transfer, through 51,607
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 51,608
Program Support, to the Department of Mental Health's Fund 4X5, 51,609
OhioCare, in accordance with an interagency agreement that 51,611
delegates authority from the Department of Human Services to the
Department of Mental Health to administer specified Medicaid 51,612
services.
The Director of Budget and Management shall transfer cash 51,614
from the Department of Human Services Fund 5C9, Medicaid Program 51,616
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 51,617
Transfer from the Children's Trust Fund to the Wellness 51,619
Block Grant Fund
Within 90 days after the effective date of this section, 51,621
the Director of Budget and Management shall transfer $1,000,000 51,623
in fiscal year 2000 from Fund 198, Children's Trust Fund, to Fund 51,624
4N7, Wellness Block Grant, within the Department of Human 51,625
Services' budget.
Foster Care Liability Coverage 51,627
On behalf of public children services agencies and in 51,629
consultation with the Department of Insurance and the Office of 51,630
State Purchasing, the Department of Human Services may seek and 51,631
accept proposals for a uniform and statewide insurance policy to 51,632
indemnify foster parents for personal injury and property damage 51,633
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 51,634
children services agency that agrees to purchase the insurance 51,635
policy.
Protective Services Incentive Funding 51,637
Notwithstanding the formula in section 5101.14 of the 51,639
1140
Revised Code, from the foregoing appropriation item 400-527, 51,640
Child Protective Services, the Department of Human Services may 51,642
use no more than $2,400,000 in fiscal year 2000 as incentive 51,643
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 51,644
delivery to and assist public children service agencies in 51,645
complying with federal reporting requirements. Of this amount, 51,647
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 51,648
Department of Human Services shall develop a process for the 51,649
release of these funds and may adopt rules in accordance with 51,650
section 111.15 of the Revised Code governing the distribution, 51,651
release, and use of these funds.
Statewide Automated Child Welfare Information System 51,653
Of the foregoing appropriation item 400-416, Computer 51,654
Projects, in fiscal year 2000, $10,000,000 shall be used for the 51,655
development and implementation of the Statewide Automated Child 51,656
Welfare Information System (SACWIS). 51,657
Day Care/Head Start Collaborations 51,659
The Department of Human Services and the county departments 51,661
of human services shall work to develop collaborative efforts 51,662
between Head Start and child care providers. The Department of 51,663
Human Services may use the foregoing appropriation items 400-413, 51,665
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 51,666
child day care centers. 51,667
Four C's Comprehensive Community Child Care Program 51,669
In fiscal year 2000, the Director of Human Services shall 51,671
provide $25,000 from child care funds to the Hamilton County 51,672
Department of Human Services to contract with the Four C's 51,673
Comprehensive Community Child Care for quality activities 51,674
allowable under the Child Care Development Block Grant. The
Hamilton County Department of Human Services and Four C's shall 51,675
agree on reporting requirements to be incorporated into the 51,676
1141
contract.
Adoption Assistance 51,678
Of the foregoing appropriation item 400-528, Adoption 51,681
Services State, at least $3,700,000 in fiscal year 2000 shall be 51,682
used in support of post finalization adoption services offered 51,683
pursuant to section 5153.163 of the Revised Code. The Department 51,685
of Human Services shall adopt rules and procedures pursuant to 51,686
section 111.15 of the Revised Code to set payment levels and 51,687
limit eligibility for post finalization adoption services as 51,688
necessary to limit program expenditures to the amounts set forth 51,689
in this section, based on factors including, but not limited to, 51,690
any or all of the following: type, or extent, of the adopted 51,691
child's disability or special need; and resources available to 51,692
the adoptive family to meet the child's service needs. 51,693
Adoption Connection of Cincinnati 51,695
Of the foregoing appropriation item 400-528, Adoption 51,697
Services, $42,000 is earmarked in FY 2000 to support the Adoption 51,698
Connection of Cincinnati.
Child Support Collections/TANF MOE 51,700
The foregoing appropriation item 400-658, Child Support 51,702
Collections, shall be used by the Department of Human Services to 51,703
meet the TANF Maintenance of Effort requirements of Pub. L. No. 51,704
104-193. After the state has met the maintenance of effort 51,705
requirement, the Department of Human Services may use funds from 51,706
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 51,707
Private Child Care Agencies Training 51,709
The foregoing appropriation item 400-615, Private Child 51,711
Care Agencies Training, shall be used by the Department of Human 51,712
Services to provide the state match for federal Title IV-E 51,713
training dollars for private child placing agencies and private 51,714
noncustodial agencies. Revenues shall consist of moneys derived 51,715
from fees established under section 5101.143 of the Revised Code 51,716
and paid by private child placing agencies and private 51,717
1142
noncustodial agencies.
Child Care Quality Improvement 51,719
The Department of Human Services shall make available to 51,721
county departments of human services an amount to fund the 51,723
improvement of the quality of publicly funded child care and
access to publicly funded child care, including, but not limited 51,724
to, recruitment, training, mentoring, and oversight of child care 51,725
providers or in-home providers. 51,726
Transfer for Lead Assessments 51,728
Of the foregoing appropriation item 400-525, Health 51,730
Care/Medicaid, the Department of Human Services may transfer 51,731
funds from the General Revenue Fund to the General Operations 51,732
Fund (Fund 142) of the Department of Health. Transfer of the 51,733
funds shall be made through intrastate transfer voucher pursuant 51,734
to an interagency agreement for the purpose of performing
environmental lead assessments in the homes of Medicaid 51,735
Healthcheck recipients.
Childhood Lead Poisoning Prevention Program 51,737
Of the foregoing appropriation item 400-525, Health 51,739
Care/Medicaid, up to $250,000 over the biennium shall be used to 51,740
fund the harmonization of data on Medicaid eligible children in 51,741
the Department of Human Services and data on tested children in 51,742
the Department of Health. 51,743
Childhood Lead Poisoning Working Group 51,745
There is hereby created the Childhood Lead Poisoning 51,747
Working Group to study and propose a state plan to address lead 51,749
poisoning treatment and control issues. The Working Group shall 51,750
consist of fourteen members, one of whom must be a senator 51,751
appointed by the President of the Senate, and one member shall be 51,752
a representative appointed by the Speaker of the House of 51,753
Representatives. The Working Group shall also consist of two 51,754
designees of the Director of each of the following departments: 51,755
Department of Human Services, Department of Health, Department of 51,756
Development, Ohio Environmental Protection Agency, and the 51,757
1143
Department of Education. The Help End Lead Poisoning Coalition 51,758
shall appoint two members. The members of the Working Group 51,759
shall be appointed within thirty days of the effective date of 51,760
this section.
Not later than June 30, 2000, the Working Group shall 51,762
submit a report of its findings and recommendations to the 51,763
Speaker and Minority Leader of the House of Representatives and 51,764
the President and the Minority Leader of the Senate. The 51,765
above-mentioned departments shall make staff available to the 51,766
Working Group.
Medicaid Program Support Fund - State 51,768
The foregoing appropriation item 400-671, Medicaid Program 51,770
Support, shall be used by the Department of Human Services to pay 51,771
for Medicaid services and contracts. 51,772
Holding Account Redistribution Group 51,774
The foregoing appropriation items 400-643 and 400-644, 51,776
Holding Account Redistribution Fund Group, shall be used to hold 51,777
revenues until they are directed to the appropriate accounts or 51,778
until they are refunded. If it is determined that additional 51,779
appropriation authority is necessary, such amounts are hereby 51,780
appropriated.
Agency Fund Group 51,782
The Agency Fund Group shall be used to hold revenues until 51,785
the appropriate fund is determined or until they are directed to 51,786
the appropriate governmental agency other than the Department of 51,788
Human Services. If it is determined that additional 51,789
appropriation authority is necessary, such amounts are hereby
appropriated. 51,790
Federal Special Revenue Fund Group 51,792
The foregoing appropriation items that appear in the 51,794
Department of Human Services' Federal Special Revenue Fund Group 51,795
shall be used to collect revenue from various sources and use the 51,796
revenue to support programs administered by the Department of 51,797
Human Services. If it is determined that additional
1144
appropriation authority is necessary, the department shall notify 51,798
the Director of Budget and Management on forms prescribed by the 51,799
Controlling Board. If the Director agrees that the additional 51,800
appropriation authority is necessary in order to perform the 51,801
functions allowable in the appropriation item, then such amounts 51,802
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 51,803
the action taken.
Section 55.08. Adoptive Placement Payments 51,805
The foregoing appropriation item 400-408, Child & Family 51,807
Services Activities, may be used to make payments pursuant to 51,808
agreements entered into under section 5103.12 of the Revised 51,809
Code. 51,810
Consolidation of State Grants 51,812
With the consent of a county, the Department of Human 51,814
Services may combine into a single and consolidated grant of 51,815
state aid, funds that would otherwise be provided to that county 51,816
pursuant to the operation of section 5101.14 of the Revised Code 51,817
and other funds that would otherwise be provided to that county 51,818
for the purpose of providing kinship care. 51,819
Funds contained in any such consolidation grant shall not 51,821
be subject to either statutory or administrative rules that would 51,822
otherwise govern allowable uses from such funds, except that such 51,824
funds shall continue to be used by the county to meet the
expenses of its children services program. Funds contained in 51,825
any consolidation grant shall be paid to each county within 51,826
thirty days after the beginning of each calendar quarter. Funds 51,827
provided to a county under this section shall be deposited in the 51,829
children services fund, established in section 5101.143 of the 51,830
Revised Code, and shall be used for no other purpose than to meet 51,831
the expenses of the children services program.
Adult Protective Services Study 51,833
The Department of Human Services, no later than 180 days 51,835
after the effective date of this section, shall conduct a study 51,836
1145
to determine the cost of expanding Adult Protective Services to 51,837
disabled adults between the ages of 18 and 59. No later than 51,838
June 30, 2000, the department shall submit the results of the
study to Speaker and Minority Leader of the House of 51,839
Representatives and the President and Minority Leader of the 51,840
Senate.
Section 55.09. Notwithstanding section 5111.231 of the 51,842
Revised Code or any other section of the Revised Code and for the 51,843
purpose of determining nursing facilities' rate of direct care 51,844
costs for fiscal year 2000, the Department of Human Services 51,845
shall calculate annual average case-mix scores for calendar year 51,846
1998 using resident assessment information for calendar quarters 51,847
ending September 30, 1998, and December 31, 1998. 51,848
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL 51,850
General Revenue Fund 51,852
GRF 965-321 Operating Expenses $ 640,670 $ 636,253 51,857
TOTAL GRF General Revenue Fund $ 640,670 $ 636,253 51,860
State Special Revenue Fund Group 51,862
4Z3 965-602 Special 51,865
Investigations $ 100,000 $ 100,000 51,867
TOTAL SSR State Special Revenue $ 100,000 $ 100,000 51,870
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 740,670 $ 736,253 51,873
Of the foregoing appropriation item 965-602, Special 51,876
Investigations, up to $100,000 in each fiscal year may be used 51,877
for investigative costs, pursuant to section 121.481 of the 51,878
Revised Code.
Section 57. INS DEPARTMENT OF INSURANCE 51,880
State Special Revenue Fund Group 51,882
554 820-601 Operating Expenses - 51,885
OSHIIP $ 733,707 $ 751,351 51,887
554 820-606 Operating Expenses $ 17,540,571 $ 17,771,394 51,891
555 820-605 Examination $ 6,147,608 $ 6,090,979 51,895
TOTAL SSR State Special Revenue 51,896
1146
Fund Group $ 24,421,886 $ 24,613,724 51,899
TOTAL ALL BUDGET FUND GROUPS $ 24,421,886 $ 24,613,724 51,902
Market Conduct Examination 51,905
When conducting a market conduct examination of any insurer 51,907
doing business in this state, the Superintendent of Insurance may 51,908
assess the costs of such examination against the insurer. The 51,909
superintendent may enter into consent agreements to impose 51,910
administrative assessments or fines for conduct discovered that 51,911
may be violations of statutes or regulations administered by the 51,912
superintendent. All costs, assessments, or fines collected shall 51,913
be deposited to the credit of the Department of Insurance 51,914
Operating Fund (Fund 554). 51,915
Examinations of Domestic Fraternal Benefit Societies 51,917
The Superintendent of Insurance may transfer funds from the 51,919
Department of Insurance Operating Fund (Fund 554) established by 51,920
section 3901.021 of the Revised Code to the Superintendents 51,921
Examination Fund (Fund 555) established by section 3901.071 of 51,922
the Revised Code, only for the expenses incurred in examining 51,923
Domestic Fraternal Benefit Societies as required by section 51,924
3921.35 of the Revised Code. 51,925
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES 51,927
General Revenue Fund 51,929
GRF 600-100 Personal Services 51,932
State $ 0 $ 36,389,243 51,936
Federal $ 0 $ 17,630,812 51,940
Personal Services 51,942
Total $ 0 $ 54,020,055 51,944
GRF 600-200 Maintenance 51,946
State $ 0 $ 17,309,326 51,950
Federal $ 0 $ 7,368,926 51,954
Maintenance Total $ 0 $ 24,678,252 51,958
GRF 600-300 Equipment 51,960
State $ 0 $ 420,342 51,964
Federal $ 0 $ 180,834 51,968
1147
Equipment Total $ 0 $ 601,176 51,972
GRF 600-402 Electronic Benefits 51,974
Transfer (EBT)
State $ 0 $ 7,332,532 51,978
Federal $ 0 $ 7,332,531 51,982
EBT Total $ 0 $ 14,665,063 51,986
GRF 600-405 Family Violence 51,988
Prevention Programs $ 0 $ 835,018 51,990
GRF 600-406 Workforce Development $ 0 $ 358,404 51,994
GRF 600-407 Unemployment 51,996
Insurance/Employment
Services Operating $ 0 $ 22,727,425 51,998
GRF 600-408 Labor Market 52,000
Projections $ 0 $ 184,534 52,002
GRF 600-410 TANF State $ 0 $ 261,857,133 52,006
GRF 600-411 TANF Federal Block 52,008
Grant $ 0 $ 417,200,000 52,010
GRF 600-412 Prevailing 52,012
Wage/Minimum Wage and
Minors $ 0 $ 2,423,702 52,014
GRF 600-413 Day Care 52,016
Match/Maintenance of
Effort $ 0 $ 76,454,292 52,018
GRF 600-414 Apprenticeship 52,020
Council $ 0 $ 177,769 52,022
GRF 600-416 Computer Projects 52,024
State $ 0 $ 74,620,000 52,028
Federal $ 0 $ 29,380,000 52,032
Computer Projects 52,034
Total $ 0 $ 104,000,000 52,036
GRF 600-417 Public Employee Risk 52,038
Reduction Program $ 0 $ 1,356,075 52,040
GRF 600-420 Child Support 52,042
Administration $ 0 $ 8,103,800 52,044
1148
GRF 600-426 Children's Health 52,046
Insurance Plan (CHIP)
State $ 0 $ 7,099,589 52,049
Federal $ 0 $ 16,857,856 52,052
CHIP Total $ 0 $ 23,957,445 52,055
GRF 600-427 Child and Family 52,057
Services Activities $ 0 $ 3,110,655 52,059
GRF 600-428 Wellness Block Grant $ 0 $ 14,337,515 52,063
GRF 600-429 Womens Programs $ 0 $ 485,619 52,067
GRF 600-430 OSHA Match $ 0 $ 137,045 52,071
GRF 600-502 Child Support Match $ 0 $ 20,773,614 52,075
GRF 600-504 Non-TANF County 52,077
Administration $ 0 $ 75,017,940 52,079
GRF 600-511 Disability 52,081
Assistance/Other
Assistance $ 0 $ 52,000,000 52,083
GRF 600-512 Non-TANF Emergency 52,085
Assistance $ 0 $ 4,200,000 52,087
GRF 600-522 Burial Claims $ 0 $ 1,465,911 52,091
GRF 600-525 Health Care/Medicaid 52,093
State $ 0 $2,434,374,714 52,097
Federal $ 0 $3,442,918,172 52,101
Health Care Total $ 0 $5,877,292,886 52,105
GRF 600-527 Child Protective 52,107
Services $ 0 $ 57,332,997 52,109
GRF 600-528 Adoption Services 52,111
State $ 0 $ 28,428,928 52,115
Federal $ 0 $ 27,632,851 52,119
Adoption Services 52,121
Total $ 0 $ 56,061,779 52,123
GRF 600-534 Adult Protective 52,125
Services $ 0 $ 3,031,340 52,127
GRF 600-552 County Social 52,129
Services $ 0 $ 12,072,886 52,131
1149
TOTAL GRF General Revenue Fund 52,132
State $ 0 $2,987,835,546 52,136
Federal $ 0 $4,203,084,784 52,140
GRF Total $ 0 $7,190,920,330 52,144
General Services Fund Group 52,147
4A8 600-658 Child Support 52,150
Collections $ 0 $ 42,389,027 52,152
4R4 600-665 BCII Service Fees $ 0 $ 113,202 52,156
5C9 600-671 Medicaid Program 52,158
Support $ 0 $ 83,527,307 52,160
613 600-645 Training Activities $ 0 $ 75,000 52,164
TOTAL GSF General Services 52,165
Fund Group $ 0 $ 126,104,536 52,168
Federal Special Revenue Fund Group 52,171
3A2 600-641 Emergency Food 52,174
Distribution $ 0 $ 1,499,480 52,176
3D3 600-648 Children's Trust Fund 52,178
Federal $ 0 $ 1,475,393 52,180
3F0 600-623 Health Care Federal $ 0 $ 206,652,537 52,184
3F0 600-650 Hospital Care 52,186
Assurance Match $ 0 $ 309,158,525 52,188
3G5 600-655 Interagency 52,190
Reimbursement $ 0 $ 795,010,866 52,192
3G9 600-657 Special Activities 52,194
Self Sufficiency $ 0 $ 544,782 52,196
3H7 600-617 Day Care Federal $ 0 $ 163,579,818 52,200
3N0 600-628 IV-E Foster Care 52,202
Maintenance $ 0 $ 196,993,903 52,204
3S5 600-622 Child Support 52,206
Projects $ 0 $ 534,050 52,208
3S9 600-680 TANF Employment and 52,210
Training $ 0 $ 700,000 52,212
316 600-602 State and Local 52,214
Training $ 0 $ 7,336,811 52,216
1150
327 600-606 Child Welfare $ 0 $ 29,481,996 52,220
331 600-686 Federal Operating $ 0 $ 111,819,362 52,224
349 600-682 OSHA Enforcement $ 0 $ 1,326,501 52,228
365 600-681 JOB Training Program $ 0 $ 121,099,383 52,232
384 600-610 Food Stamps and State 52,234
Administration $ 0 $ 150,437,578 52,236
385 600-614 Refugee Services $ 0 $ 7,309,725 52,240
395 600-616 Special 52,242
Activities/Child and
Family Services $ 0 $ 4,311,677 52,244
396 600-620 Social Services Block 52,246
Grant $ 0 $ 60,420,498 52,248
397 600-626 Child Support $ 0 $ 226,768,641 52,252
398 600-627 Adoption Maintenance/ 52,254
Administration $ 0 $ 267,459,255 52,257
TOTAL FED Federal Special Revenue 52,258
Fund Group $ 0 $2,663,920,781 52,261
State Special Revenue Fund Group 52,264
198 600-647 Children's Trust Fund $ 0 $ 3,238,074 52,269
4A9 600-607 Unemployment 52,271
Compensation Admin
Fund $ 0 $ 13,962,175 52,273
4E3 600-605 Nursing Home 52,275
Assessments $ 0 $ 95,511 52,277
4E7 600-604 Child and Family 52,279
Services Collections $ 0 $ 142,666 52,281
4F1 600-609 Foundation 52,283
Grants/Child and
Family Services $ 0 $ 1,422,569 52,285
4G1 600-610 Interagency 52,287
Agreements $ 0 $ 605,091 52,289
4J5 600-613 Nursing Facility Bed 52,291
Assessments $ 0 $ 32,334,707 52,293
1151
4J5 600-618 Residential State 52,295
Supplement Payments $ 0 $ 14,285,756 52,297
4K1 600-621 ICF/MR Bed 52,299
Assessments $ 0 $ 21,180,717 52,301
4N7 600-670 Wellness Block Grant $ 0 $ 1,000,000 52,305
4R3 600-609 Banking Fees $ 0 $ 592,937 52,309
4V2 600-612 Child Support 52,311
Activities $ 0 $ 124,993 52,313
5A5 600-616 Unemployment Benefit 52,315
Automation $ 0 $ 6,892,757 52,317
5E3 600-633 EBT Contracted 52,319
Services $ 0 $ 500,000 52,321
5E4 600-615 Private Child Care 52,323
Agencies Training $ 0 $ 10,568 52,325
557 600-613 Apprenticeship 52,327
Council Conference $ 0 $ 15,000 52,329
6A7 600-656 Ford Foundation $ 0 $ 63,407 52,333
600 600-603 Third-Party 52,335
Recoveries $ 0 $ 10,369,063 52,337
651 600-649 Hospital Care 52,339
Assurance Program
Fund $ 0 $ 217,786,293 52,341
TOTAL SSR State Special Revenue 52,342
Fund Group $ 0 $ 324,622,284 52,345
Agency Fund Group 52,348
5B6 600-601 Food Stamp Intercept $ 0 $ 5,283,920 52,353
192 600-646 Support Intercept - 52,355
Federal $ 0 $ 70,965,066 52,357
583 600-642 Support 52,359
Intercept-State $ 0 $ 17,175,008 52,361
TOTAL AGY Agency Fund Group $ 0 $ 93,423,994 52,364
Holding Account Redistribution Fund Group 52,367
R12 600-643 Refunds and Audit 52,370
Settlements $ 0 $ 200,000 52,372
1152
R13 600-644 Forgery Collections $ 0 $ 700,000 52,376
TOTAL 090 Holding Account 52,377
Redistribution
Fund Group $ 0 $ 900,000 52,380
TOTAL ALL BUDGET FUND GROUPS $ 0 $10,399,891,925 52,383
Section 58.01. Parents Health Insurance Program (PHIP) 52,386
During the month of July 2000, the Department of Job and 52,388
Family Services shall deposit into the General Revenue Fund, 52,389
$9,425,966 of TANF funds, transferred from the TANF Block Grant 52,390
into Title XX, to support this increase in the state funds 52,391
portion of the increase in appropriation item 600-525, Health
Care/Medicaid. This deposit shall be made contingent upon 52,392
receipt of written notice from the United States Department of 52,393
Health and Human Services that such a deposit does not violate 52,394
Title 45, section 263.6 of the Code of Federal Regulations, or 52,395
other limitations in federal law on the use of funds that have
originated with the federal government. 52,396
Section 58.02. Family Violence Prevention Programs 52,398
The foregoing appropriation item 600-405, Family Violence 52,400
Prevention Programs, may be used to provide grants for county and 52,401
local family violence prevention community education initiatives, 52,402
and to provide funding for domestic violence shelters that the 52,403
Department of Job and Family Services determines are exclusively 52,404
for victims of domestic violence. 52,405
Section 58.03. Health Care/Medicaid 52,407
The foregoing appropriation item 600-525, Health 52,409
Care/Medicaid, shall not be limited by the provisions of section 52,410
131.33 of the Revised Code. 52,411
Section 58.04. Community Based Providers 52,413
From the foregoing appropriation item 600-525, Health 52,415
Care/Medicaid, $90,100,000 in fiscal year 2001 shall be used to 52,416
increase reimbursements in accordance with division (B) of 52,417
section 5111.025 of the Revised Code.
Section 58.05. Disability Assistance 52,419
1153
The following schedule shall be used to determine monthly 52,421
grant levels in the Disability Assistance Program effective July 52,422
1, 1999. 52,423
Persons in 52,425
Assistance Group Monthly Grant 52,426
1 $115 52,429
2 159 52,430
3 193 52,431
4 225 52,432
5 251 52,433
6 281 52,434
7 312 52,435
8 361 52,436
9 394 52,437
10 426 52,438
11 458 52,439
12 490 52,440
13 522 52,441
14 554 52,442
For each additional person add 40 52,445
TANF Federal Funds 52,448
Upon the request of the Department of Job and Family 52,450
Services, the Controlling Board may increase appropriations in 52,451
item 600-411, TANF Federal Block Grant, provided sufficient 52,452
Federal TANF block grant funds exist to do so, without any 52,453
corresponding decrease in other line items. The department shall 52,454
first provide the Office of Budget and Management with 52,455
documentation to support the need for the increased
appropriation.
All transfers of moneys from or charges against TANF 52,457
Federal Block Grant awards for use in the Social Services Block 52,458
Grant or the Child Care Development Block Grant from either 52,459
unobligated prior year appropriation authority in item 400-411, 52,460
or from FY 2001 appropriation authority in item 600-411, that
1154
meet or exceed the Controlling Board thresholds as defined in 52,461
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 52,462
Code, shall only be done with the approval of the Controlling 52,463
Board. The Department of Job and Family Services shall first 52,464
provide the Office of Budget and Management with documentation to
support the need for such transfers or charges for use in the 52,465
Social Services Block Grant or in the Child Care Development 52,466
Block Grant.
Alcohol and Drug Addiction Services Transfer 52,468
No later than July 15, 2000, the Director of Budget and 52,470
Management shall transfer $2,000,000 in appropriation authority 52,471
from appropriation item 600-410, TANF State, to State Special 52,472
Revenue Fund 5B7 appropriation item 038-629, TANF 52,473
Transfer-Treatment, and $271,424 in appropriation authority from 52,475
appropriation item 600-410, TANF State, to State Special Revenue 52,476
Fund 5E8 appropriation item 038-630, TANF Transfer-Mentoring, in
the Department of Alcohol and Drug Addiction Services. Of the 52,478
amounts transferred, $2,000,000 in appropriation authority shall 52,479
be used to provide substance abuse prevention and treatment 52,480
services to children, or their families, whose income is at or 52,481
below 200 per cent of the official income poverty guideline. The 52,482
remaining $271,424 in transferred appropriation authority shall 52,483
be used to fund adolescent youth mentoring programs for children 52,484
or their families whose income is at or below 200 per cent of the 52,485
income official poverty guideline. The Department of Alcohol and 52,486
Drug Addiction Services shall comply with all TANF reporting 52,487
requirements and timelines specified by the Department of Job and 52,488
Family Services.
TANF County Incentives 52,490
Of the foregoing appropriation item 600-411, TANF Federal 52,492
Block Grant, the Department of Job and Family Services may 52,493
provide financial incentives to those county departments of human 52,495
services that have exceeded performance standards adopted by the 52,496
state department, and where the board of county commissioners has 52,497
1155
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 52,498
of the county department. Any financial incentive funds provided 52,499
pursuant to this division shall be used by the county department 52,500
for additional or enhanced services for families eligible for 52,501
assistance under Chapter 5107. or 5108. of the Revised Code or, 52,502
upon request by the county and approval by the Department of Job 52,503
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 52,504
of human services may retain and expend such funds without regard 52,506
to the state or county fiscal year in which the financial 52,507
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 52,508
Job and Family Services providing detailed information on the 52,509
expenditure of these financial incentives and an evaluation of 52,511
the effectiveness of the county department's use of these funds 52,512
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 52,513
TANF Transportation Services 52,515
From the foregoing appropriation items 600-410, TANF State, 52,517
or 600-411, TANF Federal Block Grant, or a combination of both, 52,518
up to $5,000,000 in fiscal year 2001 shall be used to expand the 52,519
accessibility of transportation services for participants in 52,520
programs funded from these appropriation items. 52,521
Hamilton Health Care Center 52,523
In fiscal year 2001, the Director of Job and Family 52,525
Services shall provide $100,000 from appropriation item 600-410, 52,526
TANF State, to the Butler County department of human services for 52,527
the purpose of contracting with the Hamilton Health Care Center 52,528
to provide health care services for children or their families 52,530
who reside in Butler County whose income is at or below 200 per
cent of the official poverty guideline. The Butler county 52,532
department of human services and the Hamilton Health Care Center 52,533
shall agree on reporting requirements that meet all TANF 52,534
1156
reporting requirements and timelines specified by the Department 52,535
of Job and Family Services to be incorporated into the contract. 52,536
As used in this section, "poverty guideline" means the 52,538
official poverty guideline as revised annually by the United 52,539
States Secretary of Health and Human Services in accordance with 52,540
section 673 of the "Community Services Block Grant Act," 95 Stat. 52,541
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 52,543
to the size of the family of the person whose income is being
determined. 52,544
Individual Development Accounts 52,546
From the foregoing appropriation item 600-410, TANF State, 52,548
or 600-411, TANF Federal Block Grant, or a combination of both, 52,549
up to $2,000,000 in fiscal year 2001 shall be used to allow 52,551
county departments of human services to make matching
contributions to Individual Development Accounts that have been 52,552
established by residents of the county. 52,553
Human Services Personal Care Assistance 52,555
In fiscal year 2001, the Director of Job and Family 52,557
Services shall provide $240,000 from appropriation item 600-410, 52,558
TANF State to be divided between the county departments of human 52,559
services of Cuyahoga County and Franklin County to contract with 52,560
the Rehabilitation Services Commission to place up to 25 52,561
TANF-eligible persons into jobs as personal care assistants. The 52,562
county departments of human services in Cuyahoga County and
Franklin County and the Rehabilitation Services Commission shall 52,563
agree on reporting requirements that meet all TANF reporting 52,564
requirements and timelines specified by the Department of Job and 52,565
Family Services to be incorporated into the contract. 52,566
TANF Family Planning 52,568
The Director of Budget and Management shall transfer, no 52,570
later than July 15, 2000, $250,000 in fiscal year 2001 from 52,571
appropriation item 600-410, TANF State, or 600-411, TANF Federal 52,572
Block Grant, or a combination of both, to 440-416, Child and 52,573
Family Health Services to be used for family planning services. 52,574
1157
Ohio Association of Second Harvest Food Banks 52,576
The Department of Job and Family Services may use up to 52,578
$2,500,000 in fiscal year 2001 of the funds transferred from the 52,579
Temporary Assistance to Needy Families Block Grant to the Social 52,580
Service Block Grant to support expenditures to Ohio Association 52,581
of Second Harvest Food Banks pursuant to the following criteria. 52,582
As used in this section, "poverty guideline" means the 52,584
official poverty guideline as revised annually by the United 52,585
States Secretary of Health and Human Services in accordance with 52,586
section 673 of the "Community Services Block Grant Act," 95 Stat. 52,587
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 52,589
to the size of the family of the person whose income is being
determined. 52,590
The Department of Job and Family Services shall provide an 52,592
annual grant of $2,500,000 in fiscal year 2001 to the Ohio 52,593
Association of Second Harvest Food Banks. In fiscal year 2001, 52,595
the Ohio Association of Second Harvest Food Banks shall use 52,596
$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 52,597
transport and shall use $1,000,000 for the Agricultural Surplus 52,598
Production Alliance Project. Funds provided for the Ohio Food 52,599
Program shall be used to purchase food products and distribute 52,600
those food products to agencies participating in the emergency
food distribution program. No funds provided through this grant 52,601
may be used for administrative expenses other than funds provided 52,602
for food storage and transport. As soon as possible after 52,603
entering into a grant agreement at the beginning of the fiscal 52,604
year, the Department of Job and Family Services shall distribute 52,605
the grant funds in one single payment. The Ohio Association of
Second Harvest Food Banks shall develop a plan for the 52,606
distribution of the food products to local food distribution 52,608
agencies. Agencies receiving these food products shall ensure
that individuals and families who receive any of the food 52,609
products purchased with these funds have an income at or below 52,610
1158
150 per cent of the poverty guideline. The Department of Job and 52,611
Family Services and the Ohio Association of Second Harvest Food 52,612
Banks shall agree on reporting requirements to be incorporated 52,613
into the grant agreement.
Any fiscal year 2001 funds from this grant remaining 52,615
unspent on June 30, 2001 shall be returned by the Ohio 52,616
Association of Second Harvest Food Banks to the Department of Job 52,617
and Family Services no later than November 1, 2001.
Computer-Related Services 52,619
The Department of Job and Family Services may use up to 52,621
$17,000,000 in state fiscal year 2001 of the funds transferred 52,622
from the Temporary Assistance to Needy Families to the Social 52,623
Services Block Grant to support computer-related expenditures for 52,624
services that benefit the County Department of Human Services. 52,625
Additional Maintenance of Effort and Matching Funding for 52,627
the Child Care Development Fund 52,628
The Department of Job and Family Services may transfer 52,630
sufficient moneys from the Temporary Assistance to Needy Families 52,631
Block Grant to the Social Service Block Grant to support matching 52,632
and maintenance of effort requirements of the Child Care 52,633
Development Fund in order to match all funds for which Ohio is
eligible. 52,634
TANF Funds for Audit Adjustment 52,636
During the month of July 2000, the Department of Job and 52,638
Family Services shall deposit $1,000,000 into the General Revenue 52,639
Fund from TANF funds transferred from the TANF Block Grant into 52,640
the Social Services Block Grant to support the increase of the 52,641
state share of the increase to appropriation item 600-100,
Personal Services. 52,642
Additional Funding for the AdoptOhio Program 52,644
The Department of Job and Family Services may use up to 52,646
$2,116,349 in state fiscal year 2001 of the funds transferred 52,647
from the Temporary Assistance to Needy Families Block Grant to 52,648
the Social Service Block Grant to support expenditures for 52,649
1159
AdoptOhio if the existing appropriations in 600-527 is not
sufficient to support the program. 52,650
Inner City Youth Opportunities Program 52,652
In fiscal year 2001, the Director of Job and Family 52,654
Services shall provide $75,000 from appropriation item 600-410, 52,655
TANF State, to the Hamilton County department of human services 52,656
to contract with the Inner City Youth Opportunities organization 52,657
of Cincinnati for the purpose of providing allowable services to 52,658
TANF-eligible individuals. The Hamilton County department of 52,659
human services and Inner City Youth Opportunities shall agree on 52,660
reporting requirements that meet all TANF reporting requirements 52,661
and timelines specified by the Department of Job and Family 52,662
Services to be incorporated into the contract. 52,663
TANF Fatherhood Programs 52,665
From the foregoing appropriation item 600-411, TANF Federal 52,667
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 52,668
to support local fatherhood programs. Of the foregoing 52,669
$5,000,000, $300,000 in fiscal year 2001 shall be used to operate 52,670
a Fatherhood Commission. Of the foregoing $5,000,000, $310,000 52,671
in fiscal year 2001 shall be provided to the Cuyahoga County 52,672
Department of Human Services to contract with the Center for 52,673
Families and Children for the purpose of providing allowable 52,674
services to TANF-eligible individuals. The Cuyahoga County 52,675
Department of Human Services and the Center for Families and
Children shall agree on reporting requirements to be incorporated 52,676
into the contract. 52,677
TANF Adult Literacy and Child Reading Programs 52,679
From the foregoing appropriation item 600-411, TANF Federal 52,681
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 52,682
to support local adult literacy and child reading programs. 52,683
Cincinnati YWCA GED and Child Care Program 52,685
In fiscal year 2001, the Director of Job and Family 52,687
Services shall provide $65,000 from appropriation item 400-410, 52,688
TANF State, to the Hamilton County department of human services 52,689
1160
to contract with the YWCA of Greater Cincinnati for the purpose 52,690
of providing a General Educational Development (GED) program to 52,691
TANF-eligible individuals, and child care to individuals enrolled 52,692
in the GED program. The Hamilton County department of human 52,693
services and the YWCA of Greater Cincinnati shall agree on 52,694
reporting requirements that meet all TANF reporting requirements 52,695
and timelines specified by the Department of Job and Family 52,696
Services to be incorporated into the contract. 52,697
Child Nutrition Services 52,699
The Department of Job and Family Services shall use up to 52,701
$2,500,000 in fiscal year 2000 of the funds transferred from the 52,702
Temporary Assistance to Needy Families Block Grant to the Social 52,703
Services Block Grant to support Child Nutrition Services in the 52,704
Department of Education. As soon as possible after the effective 52,705
date of this section, the Department of Job and Family Services 52,706
shall enter into an interagency agreement with the Department of 52,707
Education to reimburse the 19 pilot programs that provide 52,708
nutritional evening meals to adolescents aged 13 through 18 52,709
participating in educational or enrichment activities at youth 52,710
development centers. Such funds shall not be used as matching 52,711
funds. Eligibility and reporting guidelines shall be detailed in 52,712
the interagency agreement. 52,713
The Director of Budget and Management shall increase the 52,715
appropriation item authority by $2,500,000 for State Special 52,716
Revenue Fund, 5B1, Child Nutrition Services, in the Department of 52,717
Education. 52,718
Single Allocation for County Departments of Human Services 52,720
Using the foregoing appropriation items 600-504, Non-TANF 52,722
County Administration; 600-610, Food Stamps and State 52,723
Administration; 600-410, TANF State; 600-411, TANF Federal Block 52,725
Grant; 600-620, Social Services Block Grant; 600-552, County 52,726
Social Services; 600-413, Day Care Match/Maintenance of Effort; 52,727
600-617, Day Care Federal; 600-534, Adult Protective Services; 52,728
and 600-614, Refugees Services, the Department of Job and Family 52,729
1161
Services may establish a single allocation for county departments 52,730
of human services that are subject to a partnership agreement 52,731
between a board of county commissioners and the department. The 52,732
county department is not required to use all the money from one 52,733
or more of the foregoing appropriation items listed in this 52,734
paragraph for the purpose the specific appropriation item is made 52,735
so long as the county department uses the money for a purpose at 52,736
least one of the other of those foregoing appropriation items is 52,737
made. The county department may not use the money in the 52,738
allocation for a purpose other than a purpose any of those 52,739
foregoing appropriation items are made. If the spending 52,740
estimates used in establishing the single allocation are not 52,741
realized and the county department uses money in one or more of 52,742
those foregoing appropriation items in a manner for which federal 52,743
financial participation is not available, the department shall 52,744
use state funds available in one or more of those foregoing 52,745
appropriation items to ensure that the county department receives 52,746
the full amount of its allocation. The single allocation is the 52,747
maximum amount the county department shall receive from those 52,748
foregoing appropriation items. 52,749
Reports on Interagency Transfers 52,751
With regard to the foregoing appropriation item 600-655, 52,753
Interagency Reimbursement, the Department of Job and Family 52,754
Services shall provide the Legislative Budget Office of the 52,755
Legislative Service Commission with a report each month that 52,757
details interagency transfers through the appropriation item.
The reports shall break down transfers by agency and 52,758
appropriation item to which transfers are made. Transfers shall 52,759
further be broken down by source of federal funds, including 52,760
federal program number (as shown in the Catalog of Federal 52,761
Domestic Assistance), grant number, and department reporting 52,762
category number. In addition, transfers of Medicaid dollars 52,763
shall be grouped between reimbursement for services and 52,764
administrative costs. Reports shall be provided to the 52,765
1162
Legislative Budget Office of the Legislative Service Commission 52,766
within two weeks after the end of the month.
Section 58.06. Hospital Care Assurance Assessment Match 52,768
Fund
Appropriation item 600-650, Hospital Care Assurance 52,770
Assessment Match, shall be used by the Department of Job and 52,771
Family Services to receive and distribute funds in connection 52,772
with the Hospital Care Assurance Program. 52,773
Section 58.07. Transfer of Funds 52,775
The Ohio Department of Job and Family Services shall 52,777
transfer through intrastate transfer vouchers, cash from State 52,778
Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, 52,780
Home and Community-Based Services, in the Ohio Department of 52,781
Mental Retardation and Developmental Disabilities. The sum of 52,782
the transfers shall be equal to the amounts appropriated in 52,783
fiscal year 2001 in appropriation item 322-604, Waiver - Match. 52,784
The transfer may occur on a quarterly basis or on a schedule 52,785
developed and agreed to by both departments. 52,786
The Ohio Department of Job and Family Services shall 52,788
transfer, through intrastate transfer vouchers, cash from the 52,789
State Special Revenue Fund 4J5, Home and Community-Based Services 52,790
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 52,791
Aging. The sum of the transfers shall be equal to the amount 52,792
appropriated in fiscal year 2001 in appropriation item 490-610, 52,793
PASSPORT/Residential State Supplement. The transfer may occur on 52,794
a quarterly basis or on a schedule developed and agreed to by 52,795
both departments.
Transfers of IMD/DSH Cash 52,797
The Department of Job and Family Services shall transfer, 52,799
through intrastate transfer voucher, cash from fund 5C9, Medicaid 52,801
Program Support, to the Department of Mental Health's Fund 4X5, 52,802
OhioCare, in accordance with an interagency agreement which 52,803
delegates authority from the Department of Job and Family 52,804
Services to the Department of Mental Health to administer
1163
specified Medicaid services. 52,805
The Director of Budget and Management shall transfer cash 52,807
from the Department of Job and Family Services, fund 5C9, 52,808
Medicaid Program Support, in the amount of $2,000,000 in fiscal 52,809
year 2001 to the Department of Health's Health Services Fund, 52,810
Fund 5E1.
Transfer from the Children's Trust Fund to the Wellness 52,812
Block Grant Fund
The Director of Budget and Management shall transfer 52,814
$1,000,000 in fiscal year 2001 from Fund 198, Children's Trust 52,816
Fund, to Fund 4N7, Wellness Block Grant, within the Department of 52,817
Job and Family Services' budget.
Foster Care Liability Coverage 52,819
On behalf of public children services agencies and in 52,821
consultation with the Department of Insurance and the Office of 52,822
State Purchasing, the Department of Job and Family Services may 52,823
seek and accept proposals for a uniform and statewide insurance 52,824
policy to indemnify foster parents for personal injury and
property damage suffered by them due to the care of a foster 52,826
child. Premiums for such a policy shall be the sole 52,827
responsibility of each public children services agency that 52,828
agrees to purchase the insurance policy.
Protective Services Incentive Funding 52,830
Notwithstanding the formula in section 5101.14 of the 52,832
Revised Code, from the foregoing appropriation item 600-527, 52,833
Child Protective Services, the Department of Job and Family 52,835
Services may use no more than $2,500,000 in fiscal year 2001 as 52,836
incentive funding for public children services agencies to 52,837
promote innovative practice standards and efficiencies in service 52,838
delivery to and assist public children service agencies in 52,839
complying with federal reporting requirements. Of this amount, 52,840
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 52,842
Department of Human Services shall develop a process for the 52,843
1164
release of these funds and may adopt rules in accordance with 52,844
section 111.15 of the Revised Code governing the distribution,
release, and use of these funds. 52,845
Statewide Automated Child Welfare Information System 52,847
Of the foregoing appropriation item 400-416, Computer 52,849
Projects, in fiscal year 2001, $10,000,000 shall be used for the 52,850
development and implementation of the Statewide Automated Child 52,851
Welfare Information System (SACWIS). 52,852
Day Care/Head Start Collaborations 52,854
The Department of Job and Family Services and the county 52,856
departments of human services shall work to develop collaborative 52,857
efforts between Head Start and child care providers. The 52,858
Department of Job and Family Services may use the foregoing 52,859
appropriation items 600-413, Day Care Match/Maintenance of 52,860
Effort, and 600-617, Day Care Federal, to support collaborative 52,861
efforts between Head Start and child day-care centers. 52,862
Four C's Comprehensive Community Child Care Program 52,864
In fiscal year 2001, the Director of Job and Family 52,866
Services shall provide $25,000 from child care funds to the 52,867
Hamilton County Department of Human Services to contract with the 52,868
Four C's Comprehensive Community Child Care for quality 52,869
activities allowable under the Child Care Development Block
Grant. The Hamilton County Department of Human Services and Four 52,870
C's shall agree on reporting requirements to be incorporated into 52,871
the contract.
Adoption Assistance 52,873
Of the foregoing appropriation item 600-528, State Adoption 52,876
Services, at least $3,700,000 in fiscal year 2001 shall be used 52,877
in support of post finalization adoption services offered
pursuant to section 5153.163 of the Revised Code. The Department 52,879
of Job and Family Services shall adopt rules and procedures
pursuant to section 111.15 of the Revised Code to set payment 52,880
levels and limit eligibility for post finalization adoption 52,881
services as necessary to limit program expenditures to the 52,882
1165
amounts set forth in this section, based on factors including, 52,883
but not limited to, any or all of the following: type, or 52,884
extent, of the adopted child's disability or special need; and 52,885
resources available to the adoptive family to meet the child's 52,887
service needs.
Adoption Connection of Cincinnati 52,889
Of the foregoing appropriation item 600-528, Adoption 52,891
Services, $42,000 is earmarked in fiscal year 2000 to support the 52,892
Adoption Connection of Cincinnati. 52,893
Child Support Collections/TANF MOE 52,895
The foregoing appropriation item 600-658, Child Support 52,897
Collections, shall be used by the Department of Job and Family 52,898
Services to meet the TANF maintenance of effort requirements of 52,899
Pub. L. No. 104-193. After the state has met the maintenance of 52,901
effort requirement, the Department of Job and Family Services may 52,902
use funds from appropriation item 600-658 to support public
assistance activities. 52,903
Private Child Care Agencies Training 52,905
The foregoing appropriation item 600-615, Private Child 52,907
Care Agencies Training, shall be used by the Department of Job 52,908
and Family Services to provide the state match for federal Title 52,909
IV-E training dollars for private child placing agencies and 52,910
private noncustodial agencies. Revenues shall consist of moneys 52,911
derived from fees established under section 5101.143 of the 52,913
Revised Code and paid by private child placing agencies and 52,914
private noncustodial agencies.
Child Care Quality Improvement 52,916
The Department of Job and Family Services shall make 52,918
available to county departments of human services an amount to 52,920
fund the improvement of the quality of publicly funded child care 52,921
and access to publicly funded child care, including, but not 52,922
limited to, recruitment, training, mentoring, and oversight of 52,923
child care providers or in-home providers. 52,924
Transfer for Lead Assessments 52,926
1166
Of the foregoing appropriation item 600-525, Health 52,928
Care/Medicaid, the Department of Job and Family Services may 52,929
transfer funds from the General Revenue Fund to the General 52,930
Operations Fund (Fund 142) of the Department of Health. Transfer 52,931
of the funds shall be made through intrastate transfer voucher 52,932
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 52,933
Medicaid Healthcheck recipients. 52,934
Medicaid Program Support Fund - State 52,936
The foregoing appropriation item 600-671, Medicaid Program 52,938
Support, shall be used by the Department of Job and Family 52,939
Services to pay for Medicaid services and contracts. 52,940
Holding Account Redistribution Group 52,942
The foregoing appropriation items 600-643 and 600-644, 52,944
Holding Account Redistribution Fund Group, shall be used to hold 52,945
revenues until they are directed to the appropriate accounts or 52,946
until they are refunded. If it is determined that additional 52,947
appropriation authority is necessary, such amounts are hereby 52,948
appropriated.
Agency Fund Group 52,950
The Agency Fund Group shall be used to hold revenues until 52,953
the appropriate fund is determined or until they are directed to 52,954
the appropriate governmental agency other than the Department of 52,955
Job and Family Services. If it is determined that additional 52,957
appropriation authority is necessary, such amounts are hereby
appropriated. 52,958
Federal Special Revenue Fund Group 52,960
The foregoing appropriation items that appear in the 52,962
Department of Human Service's Federal Special Revenue Fund Group 52,963
shall be used to collect revenue from various sources and use the 52,964
revenue to support programs administered by the Department of 52,965
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 52,966
the Director of Budget and Management on forms prescribed by the 52,967
1167
Controlling Board. If the Director agrees that the additional 52,968
appropriation authority is necessary in order to perform the 52,969
functions allowable in the appropriation item then such amounts 52,970
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 52,971
the action taken.
Section 58.08. Adoptive Placement Payments 52,973
The foregoing appropriation item 600-427, Child & Family 52,975
Services Activities, may be used to make payments pursuant to 52,976
agreements entered into under section 5103.12 of the Revised 52,977
Code. 52,978
Consolidation of State Grants 52,980
With the consent of a county, the Department of Job and 52,982
Family Services may combine into a single and consolidated grant 52,983
of state aid, funds that would otherwise be provided to that 52,984
county pursuant to the operation of section 5101.14 of the 52,985
Revised Code and other funds that would otherwise be provided to 52,986
that county for the purpose of providing kinship care. In fiscal 52,987
year 2001, the grant shall also include unspent funds remaining 52,988
from any grant provided to the county under this section in 52,989
fiscal year 2000.
Funds contained in any such consolidation grant shall not 52,991
be subject to either statutory or administrative rules which 52,992
would otherwise govern allowable uses from such funds, except 52,993
that such funds shall continue to be used by the county to meet 52,994
the expenses of its children services program. Funds contained 52,995
in any consolidation grant shall be paid to each county within 52,996
thirty days after the beginning of each calendar quarter. Funds 52,997
provided to a county under this section shall be deposited in the 52,999
children services fund, established in section 5101.143 of the 53,000
Revised Code, and shall be used for no other purpose than to meet 53,001
the expenses of the children services program. Within ninety 53,002
days after the end of fiscal year 2001, each county shall return 53,003
to the Department of Job and Family Services any unspent balance
1168
in the consolidated grant, unless this section is renewed for a 53,004
subsequent period of time. 53,005
Section 58.09. Administration Support Services 53,007
The Department of Job and Family Services may assess 53,009
programs of the department for the cost of administration, 53,010
support, and technical services. Such an assessment shall be 53,011
based upon a plan submitted to and approved by the Office of 53,012
Budget and Management by the first day of August of each fiscal
year and shall contain the characteristics of administrative ease 53,013
and uniform application. A program's payments shall be 53,014
transferred via intrastate transfer voucher to the Unemployment 53,015
Compensation Administration Fund (Fund 331). 53,016
Employer Surcharge 53,018
The surcharge and the interest on the surcharge amounts due 53,020
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 53,021
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 53,022
General Assembly shall be assessed, collected, accounted for, and 53,023
made available to the Department of Job and Family Services in 53,024
the same manner as are the surcharge and interest amounts
pursuant to section 4141.251 of the Revised Code. 53,025
Section 59. JCO JUDICIAL CONFERENCE OF OHIO 53,027
General Revenue Fund 53,029
GRF 018-321 Operating Expenses $ 1,020,000 $ 1,080,000 53,034
TOTAL GRF General Revenue Fund $ 1,020,000 $ 1,080,000 53,037
General Services Fund Group 53,040
403 018-601 Ohio Jury 53,043
Instructions $ 180,000 $ 180,000 53,045
TOTAL GSF General Services 53,046
Fund Group $ 180,000 $ 180,000 53,049
TOTAL ALL BUDGET FUND GROUPS $ 1,200,000 $ 1,260,000 53,052
Ohio Jury Instructions Fund 53,055
The Ohio Jury Instructions Fund (Fund 403) shall consist of 53,057
grants, royalties, dues, conference fees, bequests, devises, and 53,058
other gifts received for the purpose of supporting costs incurred 53,059
1169
by the Judicial Conference of Ohio in dispensing education and 53,060
informational data to the state's judicial system. Fund 403 53,062
shall be used by the Judicial Conference of Ohio to pay expenses 53,063
incurred in dispensing educational and informational data to the 53,064
state's judicial system. All moneys accruing to Fund 403 in 53,065
excess of $180,000 in fiscal year 2000 and in excess of $180,000 53,066
in fiscal year 2001 are hereby appropriated for the purposes 53,067
authorized.
No money in the Ohio Jury Instructions Fund shall be 53,069
transferred to any other fund by the Director of Budget and 53,070
Management or the Controlling Board. 53,071
Section 60. JSC THE JUDICIARY/SUPREME COURT 53,073
General Revenue Fund 53,075
GRF 005-321 Operating Expenses - 53,077
Judiciary $ 84,146,536 $ 85,597,403 53,079
GRF 005-401 State Criminal 53,081
Sentencing Council $ 363,182 $ 363,568 53,083
GRF 005-402 Task Force on Family 53,085
Law and Children $ 100,000 $ 100,000 53,087
GRF 010-321 Operating Expenses - 53,089
Supreme Court $ 9,342,738 $ 9,377,229 53,091
GRF 010-401 Law-Related Education $ 197,163 $ 203,077 53,095
TOTAL GRF General Revenue Fund $ 94,149,619 $ 95,641,277 53,098
General Services Fund Group 53,100
6A2 005-602 Dispute Resolution $ 36,050 $ 37,132 53,105
672 005-601 Continuing Judicial 53,107
Education $ 231,750 $ 238,703 53,109
TOTAL GSF General Services 53,110
Fund Group $ 267,800 $ 275,835 53,113
State Special Revenue Fund Group 53,116
4C8 010-603 Attorney Registration $ 1,745,355 $ 1,735,424 53,121
6A8 010-602 Supreme Court 53,123
Admissions $ 812,601 $ 821,061 53,125
1170
643 010-601 Commission on 53,127
Continuing Legal
Education $ 250,000 $ 239,999 53,129
TOTAL SSR State Special Revenue 53,130
Fund Group $ 2,807,956 $ 2,796,484 53,133
Federal Special Revenue Fund Group 53,135
3J0 005-603 Federal Grants $ 781,468 $ 816,405 53,140
TOTAL FED Federal Special 53,141
Revenue Fund Group $ 781,468 $ 816,405 53,144
TOTAL ALL BUDGET FUND GROUPS $ 98,006,843 $ 99,530,001 53,150
Law-Related Education 53,153
The foregoing appropriation item 010-401, Law-Related 53,155
Education, shall be distributed directly to the Ohio Center for 53,156
Law-Related Education for the purposes of providing continuing 53,157
citizenship education activities to primary and secondary 53,158
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 53,159
private money for new programs. 53,161
Dispute Resolution 53,163
The Dispute Resolution Fund (Fund 6A2) shall consist of 53,165
grants and other moneys awarded to promote alternative dispute 53,166
resolution in the Ohio courts and deposited into the Dispute 53,167
Resolution Fund pursuant to the Rules for the Government of the 53,168
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 53,169
Resolution, shall promote alternative dispute resolution programs 53,170
in the Ohio courts and be used for the education of judges, 53,171
attorneys, and other court personnel in dispute resolution 53,172
concepts. If it is determined by the Administrative Director of 53,173
the Supreme Court that additional appropriations are necessary, 53,174
the amounts are hereby appropriated. 53,175
No money in the Dispute Resolution Fund shall be 53,177
transferred to any other fund by the Director of Budget and 53,178
Management or the Controlling Board. Interest earned on moneys 53,179
in the Dispute Resolution Fund shall be credited to the fund. 53,180
1171
Continuing Judicial Education 53,182
The Continuing Judicial Education Fund (Fund 672) shall 53,184
consist of fees paid by judges and court personnel for attending 53,186
continuing education courses and other gifts and grants received 53,188
for the purpose of continuing judicial education. The foregoing 53,189
appropriation item 005-601, Continuing Judicial Education, shall 53,190
be used to pay expenses for continuing education courses for 53,191
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional 53,192
appropriations are necessary, the amounts are hereby 53,193
appropriated.
No money in the Continuing Judicial Education Fund shall be 53,195
transferred to any other fund by the Director of Budget and 53,196
Management or the Controlling Board. Interest earned on moneys 53,197
in the Continuing Judicial Education Fund shall be credited to 53,198
the fund. 53,199
Attorney Registration 53,201
In addition to funding other activities considered 53,203
appropriate by the Supreme Court, the foregoing appropriation 53,204
item 010-603, Attorney Registration, may be used to compensate 53,205
employees and fund the appropriate activities of the following 53,206
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 53,207
Disciplinary Counsel, the Board of Commissioners on Grievances 53,208
and Discipline, the Clients' Security Fund, the Board of 53,209
Commissioners on the Unauthorized Practice of Law, and the Office 53,210
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 53,211
appropriations are necessary, the amounts are hereby 53,212
appropriated.
No moneys in the Attorney Registration Fund shall be 53,214
transferred to any other fund by the Director of Budget and 53,215
Management or the Controlling Board. Interest earned on moneys 53,216
in the Attorney Registration Fund shall be credited to the fund. 53,217
1172
Supreme Court Admissions 53,219
The foregoing appropriation item 010-602, Supreme Court 53,221
Admissions, shall be used to compensate Supreme Court employees 53,222
who are primarily responsible for administering the attorney 53,223
admissions program, pursuant to the Rules for the Government of 53,224
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the 53,225
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 53,226
Court Rules for the Government of the Bar of Ohio. If it is 53,227
determined by the Administrative Director of the Supreme Court 53,228
that additional appropriations are necessary, the amounts are 53,229
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 53,231
transferred to any other fund by the Director of Budget and 53,232
Management or the Controlling Board. Interest earned on moneys 53,233
in the Supreme Court Admissions Fund shall be credited to the 53,234
fund.
Continuing Legal Education 53,236
The foregoing appropriation item 010-601, Commission on 53,238
Continuing Legal Education, shall be used to compensate employees 53,239
of the Commission on Continuing Legal Education, established 53,240
pursuant to the Supreme Court Rules for the Government of the Bar 53,241
of Ohio, and to fund other activities of the commission 53,242
considered appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional 53,243
appropriations are necessary, the amounts are hereby 53,244
appropriated.
No moneys in the Continuing Legal Education Fund shall be 53,246
transferred to any other fund by the Director of Budget and 53,247
Management or the Controlling Board. Interest earned on moneys 53,248
in the Continuing Legal Education Fund shall be credited to the 53,249
fund.
Federal Miscellaneous 53,251
The Federal Miscellaneous Fund (3J0) shall consist of 53,253
1173
grants and other moneys awarded to the Supreme Court of Ohio (The 53,254
Judiciary) by the United States Government, the State Justice 53,255
Institute, or other entities that receive the moneys directly 53,256
from the United States Government or the State Justice Institute 53,257
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 53,258
Grants, shall be used in a manner consistent with the purpose of 53,259
the grant or award. If it is determined by the Administrative 53,260
Director of the Supreme Court that additional appropriations are 53,261
necessary, the amounts are hereby appropriated.
No money in the Federal Miscellaneous Fund shall be 53,263
transferred to any other fund by the Director of Budget and 53,264
Management or the Controlling Board. However, interest earned on 53,265
moneys in the Federal Miscellaneous Fund on or after July 1, 53,266
1995, shall be credited or transferred to the General Revenue
Fund. 53,267
Section 61. LEC LAKE ERIE COMMISSION 53,269
State Special Revenue Fund Group 53,271
4C0 780-601 Lake Erie Protection 53,274
Fund $ 998,400 $ 1,022,362 53,276
5D8 780-602 Lake Erie Resources 53,278
Fund $ 588,759 $ 602,889 53,280
TOTAL SSR State Special Revenue 53,281
Fund Group $ 1,587,159 $ 1,625,251 53,284
TOTAL ALL BUDGET FUND GROUPS $ 1,587,159 $ 1,625,251 53,287
Cash Transfer 53,290
Not later than September 30 of each fiscal year, the 53,292
executive director of the Lake Erie Commission, with the approval 53,293
of the Commission, shall certify to the Director of Budget and 53,295
Management the cash balance in the Lake Erie Resources Fund (Fund 53,296
5D8) and may request to transfer cash balances in excess of
amounts needed to meet operating expenses from Fund 5D8 to the 53,297
Lake Erie Protection Fund (Fund 4C0). Cash transferred shall be 53,298
used for the purposes described in division (A) of section 53,299
1174
1506.23 of the Revised Code. Additional appropriation authority 53,300
in the amount of the cash transfer is hereby appropriated. 53,301
Section 62. LRS LEGAL RIGHTS SERVICE 53,303
General Revenue Fund 53,305
GRF 054-100 Personal Services $ 331,826 $ 327,673 53,310
GRF 054-200 Maintenance $ 48,998 $ 50,174 53,314
GRF 054-300 Equipment $ 2,680 $ 2,744 53,318
GRF 054-401 Ombudsman $ 382,659 $ 379,363 53,322
TOTAL GRF General Revenue Fund $ 766,163 $ 759,954 53,325
General Services Fund Group 53,328
416 054-601 Gifts and Donations $ 1,256 $ 1,291 53,333
TOTAL GSF General Services 53,334
Fund Group $ 1,256 $ 1,291 53,337
Federal Special Revenue Fund Group 53,340
3B8 054-603 Protection and 53,343
Advocacy - Mentally
Ill $ 706,422 $ 706,422 53,345
3N3 054-606 Protection and 53,347
Advocacy - Individual
Rights $ 334,739 $ 334,739 53,349
3N9 054-607 Assistive Technology $ 83,000 $ 83,000 53,353
3R9 054-604 Family Support 53,355
Collaborative $ 200,000 $ 200,000 53,357
3T2 054-609 Client Assistance 53,359
Program $ 380,000 $ 380,000 53,361
305 054-602 Protection and 53,363
Advocacy -
Developmentally
Disabled $ 1,059,481 $ 1,059,481 53,365
TOTAL FED Federal Special Revenue 53,366
Fund Group $ 2,763,642 $ 2,763,642 53,369
TOTAL ALL BUDGET FUND GROUPS $ 3,531,061 $ 3,524,887 53,372
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 53,375
General Revenue Fund 53,377
1175
GRF 028-321 Legislative Ethics 53,380
Committee $ 551,500 $ 569,400 53,382
TOTAL GRF General Revenue Fund $ 551,500 $ 569,400 53,385
State Special Revenue Fund Group 53,388
4G7 028-601 Joint Legislative 53,391
Ethics Committee $ 60,000 $ 50,000 53,393
TOTAL SSR State Special Revenue $ 60,000 $ 50,000 53,396
Fund
TOTAL ALL BUDGET FUND GROUPS $ 611,500 $ 619,400 53,399
Section 64. LSC LEGISLATIVE SERVICE COMMISSION 53,402
General Revenue Fund 53,404
GRF 035-321 Operating Expenses $ 8,576,725 $ 8,885,000 53,409
GRF 035-402 Legislative Interns $ 840,000 $ 890,000 53,413
GRF 035-403 Legislative Budget 53,415
Office $ 2,672,000 $ 2,752,000 53,417
GRF 035-404 Legislative Office of 53,419
Education Oversight $ 1,116,995 $ 1,087,423 53,421
GRF 035-405 Correctional 53,423
Institution
Inspection Committee $ 470,000 $ 495,000 53,425
GRF 035-406 ATMS Replacement 53,427
Project $ 90,000 $ 90,000 53,429
GRF 035-407 Legislative Task 53,431
Force on
Redistricting $ 2,400,000 $ 2,100,000 53,433
GRF 035-409 National Associations $ 392,674 $ 405,717 53,437
GRF 035-410 Legislative 53,439
Information Systems $ 5,260,000 $ 4,265,000 53,441
TOTAL GRF General Revenue Fund $ 21,818,394 $ 20,970,140 53,444
General Services Fund Group 53,447
4F6 035-603 Legislative Budget 53,450
Services $ 140,000 $ 144,000 53,452
410 035-601 Sale of Publications $ 25,000 $ 25,000 53,456
TOTAL GSF General Services 53,457
1176
Fund Group $ 165,000 $ 169,000 53,460
TOTAL ALL BUDGET FUND GROUPS $ 21,983,394 $ 21,139,140 53,463
Operating Expenses 53,466
Of the foregoing appropriation item 035-321, Operating 53,468
Expenses, $350,000 in fiscal year 2000 and $175,000 in fiscal 53,469
year 2001 shall be used to pay for equipment for the electronic 53,470
filing of rules and related documents.
Of the foregoing appropriation item 035-321, Operating 53,472
Expenses, up to $10,000 in each fiscal year may be used to 53,473
contract with a non-profit assistive technology organization for 53,474
the purpose of providing public documents produced by or for the 53,475
General Assembly in alternative formats when feasible. 53,476
On or before July 15, 1999, the Director of Budget and 53,478
Management shall determine and certify to the Director of the 53,479
Legislative Service Commission the total amount of unexpended, 53,480
unobligated appropriations made to the commission for fiscal year 53,481
1999 in appropriation items 035-321, 035-402, 035-403, 035-404, 53,482
035-405, 035-406, 035-407, 035-409, 035-410, and 035-412. 53,483
Additional appropriation authority equal to the amount certified
is hereby appropriated to appropriation item 035-321, Operating 53,484
Expenses, for fiscal year 2000. 53,485
ATMS Replacement Project 53,487
Of the foregoing appropriation item 035-406, ATMS 53,489
Replacement Project, any amounts not used for the ATMS project 53,490
may be used to pay the operating expenses of the Legislative 53,491
Service Commission. 53,492
Legislative Task Force on Redistricting 53,494
Of the foregoing appropriation item 035-407, Legislative 53,496
Task Force on Redistricting, $400,000 in fiscal year 2000 and 53,497
$100,000 in fiscal year 2001 shall be used to assist county 53,498
boards of elections to comply with the requirement of using 53,499
census bureau geography to determine precinct boundaries. Upon 53,500
written request from the Secretary of State, the Director of the
Legislative Service Commission shall transfer $400,000 in fiscal 53,501
1177
year 2000 and $100,000 in fiscal year 2001 to the Secretary of 53,502
State. Transfer shall be made through intrastate voucher. The 53,503
Secretary of State shall expend the transferred funds in 53,504
accordance with the requirements of this section.
National Associations 53,506
Of the foregoing appropriation item 035-409, National 53,508
Associations, $8,000 in each fiscal year shall be used for the 53,510
State and Local Legal Center.
Legislative Office of Education Oversight 53,512
The foregoing appropriation item 035-404, Legislative 53,514
Office of Education Oversight, shall be used to support the 53,515
legislative oversight activities of the Legislative Committee on 53,516
Education Oversight established in section 3301.68 of the Revised 53,517
Code. 53,518
Section 103.141 Report 53,520
Notwithstanding section 103.141 of the Revised Code, the 53,523
Legislative Budget Office of the Legislative Service Commission
may submit the estimates required by that section for calendar 53,524
years 1996 and 1997 in October 2000. 53,525
LBO Child Care Study 53,527
The Legislative Budget Office of the Legislative Service 53,529
Commission (LBO) shall undertake a study of publicly funded child 53,530
care payment procedures and make recommendations regarding the 53,531
feasibility and the potential for development of a cost-based 53,532
prospective payment system. Any prospective payment system 53,533
should provide for predictability and stability of payment and
should take into consideration facility costs and training costs. 53,534
LBO shall report its findings to the Speaker and Minority Leader 53,535
of the House of Representatives, President and Minority Leader of 53,536
the Senate, and the Governor no later than July 1, 2000. 53,537
LBO Fiscal Report on ESC Office Space and Equipment 53,539
The Legislative Budget Office of the Legislative Service 53,541
Commission shall conduct a fiscal report outlining the costs of 53,542
the office space and equipment provided to educational service 53,543
1178
centers by boards of county commissioners. The report shall 53,544
provide all of the following: the amount of office space 53,545
currently provided; the cost or value of the office space; the 53,546
cost of utilities and services; the cost for equipment provided; 53,547
and any incidentals or staff resources provided. If a county does 53,548
not physically provide office space and participates in a joint 53,549
county educational service center, then the report shall provide 53,550
the amount of money that the county provides to the host county. 53,551
In conducting the report, the Legislative Budget Office may 53,553
request information and assistance from boards of county 53,554
commissioners and educational service centers. Boards of county 53,555
commissioners and educational service centers shall provide such 53,556
information and assistance to the Legislative Budget Office so 53,557
that the report may be completed in a timely manner. 53,558
The Legislative Budget Office shall send a copy of the 53,560
report to the Speaker and Minority Leader of the House of 53,561
Representatives, the President and Minority Leader of the Senate, 53,562
the Governor, the Lieutenant Governor, and the State and Local 53,563
Government Commission before August 1, 2000. 53,564
Section 65. LIB STATE LIBRARY BOARD 53,566
General Revenue Fund 53,568
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 53,573
GRF 350-200 Maintenance $ 2,087,742 $ 1,728,248 53,577
GRF 350-300 Equipment $ 1,966,322 $ 579,914 53,581
GRF 350-400 Ohio Public Library 53,583
Information Network $ 5,712,486 $ 5,854,002 53,585
GRF 350-501 Cincinnati Public 53,587
Library $ 751,887 $ 769,932 53,589
GRF 350-502 Regional Library 53,591
Systems $ 1,871,151 $ 1,926,769 53,593
GRF 350-503 Cleveland Public 53,595
Library $ 1,140,923 $ 1,164,705 53,596
GRF 350-505 Netwellness $ 750,000 $ 750,000 53,600
TOTAL GRF General Revenue Fund $ 19,609,950 $ 18,044,528 53,603
1179
General Services Fund Group 53,606
139 350-602 Intra-Agency Service 53,609
Charges $ 28,123 $ 28,911 53,611
459 350-602 Interlibrary Service 53,613
Charges $ 774,564 $ 781,280 53,615
TOTAL GSF General Services 53,616
Fund Group $ 802,687 $ 810,191 53,619
Federal Special Revenue Fund Group 53,622
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 53,627
TOTAL FED Federal Special Revenue 53,628
Fund Group $ 5,163,542 $ 5,163,542 53,631
TOTAL ALL BUDGET FUND GROUPS $ 25,576,179 $ 24,018,261 53,634
Maintenance 53,637
Of the foregoing appropriation item, 350-200, Maintenance, 53,639
$400,000 in fiscal year 2000 shall be used to fund the relocation 53,640
of the State Library from the State Departments Building. 53,641
Equipment 53,643
Of the foregoing appropriation item, 350-300, Equipment, 53,645
$1,400,000 in fiscal year 2000 shall be used to fund the 53,646
relocation of the State Library from the State Departments 53,647
Building.
Ohio Public Library Information Network 53,649
The foregoing appropriation item 350-400, Ohio Public 53,651
Library Information Network, shall be used for an information 53,652
telecommunications network linking public libraries in the state 53,653
and such others as may be certified as participants by the Ohio 53,654
Public Library Information Network Board. 53,655
The Ohio Public Library Information Network Board shall 53,659
consist of eleven members appointed by the State Library Board 53,660
from among the staff of public libraries and past and present 53,661
members of boards of trustees of public libraries, based on the 53,662
recommendations of the Ohio library community. The Ohio Public 53,663
Library Information Network Board in consultation with the State 53,664
Library shall develop a plan of operations for the network. The 53,665
1180
Board shall have the authority to make decisions regarding the 53,666
use of the foregoing appropriation item 350-400, Ohio Public 53,667
Library Information Network, and to receive and expend grants to 53,668
carry out the operations of the network in accordance with state 53,669
law and the authority to appoint and fix the compensation of a 53,671
director and necessary staff. The State Library will be the 53,672
fiscal agent for the network and shall have fiscal accountability 53,673
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 53,674
travel and necessary expenses incurred in the carrying out of 53,675
their responsibilities.
In order to limit access to obscene and illegal materials 53,677
through internet use at Ohio Public Library Information Network 53,678
(OPLIN) terminals, local libraries with OPLIN computer terminals 53,679
shall adopt policies that control access to obscene and illegal 53,680
materials. These policies may include use of technological 53,682
systems to select or block certain internet access. The OPLIN 53,683
shall condition provision of its funds, goods, and services on 53,684
compliance with these policies. The OPLIN board shall also adopt 53,685
and communicate specific recommendations to local libraries on 53,686
methods to control such improper usage. These methods may 53,687
include each library implementing a written policy controlling 53,689
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 53,690
internet usage.
Of the foregoing appropriation item 350-400, Ohio Public 53,692
Library Information Network, up to $66,000 in fiscal year 2000 53,693
and up to $72,000 in fiscal year 2001 shall be used to help local 53,694
libraries purchase filters to screen out obscene and illegal 53,695
internet materials. 53,696
The OPLIN board shall research and assist or advise local 53,698
libraries with emerging technologies and methods that may be 53,699
effective means to control access to obscene and illegal 53,701
materials. On October 1, 1999, and biannually thereafter, the 53,702
1181
OPLIN Executive Director shall provide written reports to the 53,703
Governor, the Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the 53,704
Senate on any steps being taken by OPLIN and public libraries in 53,706
this state to limit and control such improper usage as well as 53,708
information on technological, legal, and law enforcement trends
nationally and internationally affecting this area of public 53,709
access and service. 53,710
The Ohio Public Library Information Network, InfOhio, and 53,712
OhioLink shall, to the extent feasible, coordinate and cooperate 53,713
in their purchase or other acquisition of the use of electronic 53,714
databases for their respective users and shall contribute funds 53,715
in an equitable manner to such effort.
Regional Library Systems 53,717
Of the foregoing appropriation item 350-502, Regional 53,719
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 53,720
fiscal year 2001 shall be used to replace federal dollars that 53,721
will be eliminated due to the expiration of the Library Services 53,722
and Construction Act (LSCA).
Netwellness 53,724
The foregoing appropriation item 350-505, Netwellness, 53,726
shall be used to fund the Netwellness program, a joint venture of 53,727
the University of Cincinnati, Case Western Reserve University, 53,728
and The Ohio State University.
Section 66. LCO LIQUOR CONTROL COMMISSION 53,730
Liquor Control Fund Group 53,732
043 970-321 Operating Expenses $ 656,322 $ 671,416 53,737
TOTAL LCF Liquor Control Fund $ 656,322 $ 671,416 53,740
Group
TOTAL ALL BUDGET FUND GROUPS $ 656,322 $ 671,416 53,743
Section 67. MED STATE MEDICAL BOARD 53,746
General Services Fund Group 53,748
5C6 883-609 State Medical Board 53,751
Operating $ 5,891,825 $ 5,861,245 53,753
1182
TOTAL GSF General Services 53,754
Fund Group $ 5,891,825 $ 5,861,245 53,757
TOTAL ALL BUDGET FUND GROUPS $ 5,891,825 $ 5,861,245 53,760
Section 68. DMH DEPARTMENT OF MENTAL HEALTH 53,763
Division of General Administration Intragovernmental Service Fund 53,765
Group 53,766
151 235-601 General 53,769
Administration $ 72,523,765 $ 74,161,226 53,771
TOTAL ISF Intragovernmental $ 72,523,765 $ 74,161,226 53,774
Service Fund Group
Division of Mental Health-- 53,776
Psychiatric Services to Correctional Facilities 53,777
General Revenue Fund 53,779
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 53,784
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 53,787
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 53,790
Forensic Services 53,793
The foregoing appropriation item 322-401, Forensic 53,795
Services, shall be used to provide psychiatric services to courts 53,797
of common pleas. The appropriation shall be allocated through 53,798
community mental health boards to certified community agencies 53,799
and shall be distributed according to the criteria delineated in 53,800
Rule 5122:4-1-01 of the Administrative Code. These community 53,801
forensic funds may also be used to provide forensic training to 53,802
community mental health boards and to forensic psychiatry 53,803
residency programs in hospitals operated by the Department of 53,804
Mental Health and to provide evaluations of patients of forensic 53,805
status in facilities operated by the Department of Mental Health 53,806
prior to conditional release to the community. 53,807
In addition, appropriation item 332-401 may be used to 53,809
support projects involving mental health, substance abuse, 53,810
courts, and law enforcement to identify and develop appropriate 53,811
alternative services to institutionalization for non-violent 53,812
mentally ill offenders, and to provide linkage to community 53,813
1183
services for severely mentally disabled offenders released from 53,815
institutions operated by the Department of Rehabilitation and 53,818
Correction. Funds may also be utilized to provide forensic 53,819
monitoring and tracking in addition to community programs serving 53,821
persons of forensic status on conditional release or probation. 53,822
Diversion Linkage Projects 53,824
Any cash transferred from the Department of Rehabilitation 53,826
and Correction Community Mental Health and Substance Abuse 53,827
Treatment Fund (Fund 4J3) and from the Department of Youth 53,828
Services Community Mental Health and Substance Abuse Treatment 53,829
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
shall be used by the Department of Mental Health to fund existing 53,830
county Diversion Linkage projects which provide alternative 53,831
services to institutionalization for non-violent mentally ill 53,832
offenders. The amount of the transfer is hereby appropriated. 53,833
Division of Mental Health-- 53,834
Administration and Statewide Programs 53,835
General Revenue Fund 53,837
GRF 333-100 Personal Services - 53,840
Central
Administration $ 18,585,795 $ 17,027,859 53,842
GRF 333-200 Maintenance - Central 53,844
Administration $ 2,378,563 $ 2,348,974 53,846
GRF 333-300 Equipment - Central 53,848
Administration $ 1,004,165 $ 506,598 53,850
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 53,854
GRF 333-403 Pre-Admission 53,856
Screening Expenses $ 645,750 $ 658,665 53,858
GRF 333-415 Rental Payments OPFC $ 30,000,000 $ 28,600,000 53,862
GRF 333-416 Research Program 53,864
Evaluation $ 958,606 $ 984,933 53,866
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 53,869
General Services Fund Group 53,872
1184
149 333-609 Central Office Rotary 53,875
- Operating $ 1,122,727 $ 1,135,684 53,877
TOTAL General Services Fund Group $ 1,122,727 $ 1,135,684 53,880
Federal Special Revenue Fund Group 53,883
3A7 333-612 Social Services Block 53,886
Grant $ 25,000 $ 25,000 53,888
3A8 333-613 Federal Grant - 53,890
Administration $ 24,880 $ 24,880 53,892
3A9 333-614 Mental Health Block 53,894
Grant $ 644,212 $ 644,212 53,896
3B1 333-635 Community Medicaid 53,898
Expansion $ 4,465,264 $ 4,465,264 53,900
324 333-605 Medicaid/Medicare $ 150,000 $ 150,000 53,904
TOTAL Federal Special Revenue 53,905
Fund Group $ 5,309,356 $ 5,309,356 53,908
State Special Revenue Fund Group 53,911
4X5 333-607 Behavioral Health 53,914
Medicaid Services $ 3,200,000 $ 2,775,000 53,916
485 333-632 Mental Health 53,918
Operating $ 124,284 $ 127,764 53,920
TOTAL State Special Revenue 53,921
Fund Group $ 3,324,284 $ 2,902,764 53,924
TOTAL ALL BUDGET FUND GROUPS $ 64,819,420 $ 60,994,810 53,927
Residency Traineeship Programs 53,930
The foregoing appropriation item 333-402, Resident 53,932
Trainees, shall be used to fund training agreements entered into 53,933
by the Department of Mental Health for the development of 53,934
curricula and the provision of training programs to support 53,935
public mental health services. The appropriation line item may 53,936
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 53,937
between the public mental health system and college and 53,938
university traineeship programs established pursuant to section 53,939
5119.11 of the Revised Code.
1185
Pre-Admission Screening Expenses 53,941
The foregoing appropriation item 333-403, Pre-Admission 53,943
Screening Expenses, shall be used to pay for costs to ensure that 53,945
uniform statewide methods for pre-admission screening are in 53,946
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 53,947
another inpatient facility is sought. Pre-admission screening 53,949
includes the following activities: pre-admission assessment, 53,950
consideration of continued stay requests, discharge planning and 53,951
referral, and adjudication of appeals and grievance procedures. 53,952
Rental Payments to the Ohio Public Facilities Commission 53,954
The foregoing appropriation item 333-415, Rental Payments 53,956
OPFC, shall be used to meet all payments at the times they are 53,958
required to be made during the period from July 1, 1999, to June 53,959
30, 2001, by the Department of Mental Health to the Ohio Public 53,960
Facilities Commission pursuant to leases and agreements made 53,961
under section 154.20 of the Revised Code, but limited to the 53,962
aggregate amount of $58,600,000. Nothing in this act shall be 53,963
deemed to contravene the obligation of the state to pay, without 53,964
necessity for further appropriation, from the sources pledged 53,965
thereto, the bond service charges on obligations issued pursuant 53,966
to section 154.20 of the Revised Code. 53,967
Section 68.01. Division of Mental Health--Hospitals 53,969
General Revenue Fund 53,971
GRF 334-408 Community and 53,974
Hospital Mental
Health Services $ 343,457,861 $ 349,242,440 53,976
GRF 334-506 Court Costs $ 966,274 $ 989,465 53,980
TOTAL GRF General Revenue Fund $ 344,424,135 $ 350,231,905 53,983
General Services Fund Group 53,986
149 334-609 Hospital Rotary - 53,989
Operating Expenses $ 4,291,568 $ 2,196,668 53,991
150 334-620 Special Education $ 105,250 $ 105,250 53,995
TOTAL GSF General Services 53,997
1186
Fund Group $ 4,396,818 $ 2,301,918 54,000
Federal Special Revenue Fund Group 54,003
3B0 334-617 Elementary and 54,006
Secondary Education
Act $ 180,348 $ 189,215 54,008
324 334-605 Medicaid/Medicare $ 13,160,416 $ 13,299,340 54,012
TOTAL FED Federal Special Revenue 54,013
Fund Group $ 13,340,764 $ 13,488,555 54,016
State Special Revenue Fund Group 54,019
485 334-632 Mental Health 54,022
Operating $ 2,565,188 $ 2,651,013 54,024
692 334-636 Community Mental 54,026
Health Board Risk
Fund $ 581,871 $ 598,163 54,028
TOTAL SSR State Special Revenue 54,029
Fund Group $ 3,147,059 $ 3,249,176 54,032
TOTAL ALL BUDGET FUND GROUPS $ 365,308,776 $ 369,271,554 54,035
Community Mental Health Board Risk Fund 54,039
The foregoing appropriation item 334-636, Community Mental 54,041
Health Board Risk Fund, shall be used to make payments pursuant 54,043
to section 5119.62 of the Revised Code. 54,044
Section 68.02. Division of Mental Health--Community 54,046
Support Services 54,047
General Revenue Fund 54,049
GRF 335-419 Community Medication 54,052
Subsidy $ 7,181,673 $ 7,701,549 54,054
GRF 335-502 Community Mental 54,056
Health Programs $ 37,272,143 $ 38,166,674 54,058
GRF 335-508 Services for Severely 54,060
Mentally Disabled $ 58,991,734 $ 60,405,135 54,062
TOTAL GRF General Revenue Fund $ 103,445,550 $ 106,273,358 54,065
General Services Fund Group 54,068
4N8 335-606 Family Stability 54,071
Incentive $ 7,196,000 $ 7,300,000 54,073
1187
TOTAL GSF General Services 54,074
Fund Group $ 7,196,000 $ 7,300,000 54,077
Federal Special Revenue Fund Group 54,080
3A7 335-612 Social Services Block 54,083
Grant $ 12,519,873 $ 9,250,982 54,085
3A8 335-613 Federal Grant - 54,087
Community Mental
Health Board Subsidy $ 597,120 $ 597,120 54,089
3A9 335-614 Mental Health Block 54,091
Grant $ 12,128,136 $ 12,128,136 54,093
3B1 335-635 Community Medicaid 54,095
Expansion $ 145,600,000 $ 151,424,000 54,097
TOTAL FED Federal Special Revenue 54,098
Fund Group $ 170,845,129 $ 173,400,238 54,101
TOTAL ALL BUDGET FUND GROUPS $ 281,486,679 $ 286,973,596 54,104
DEPARTMENT TOTAL 54,105
GENERAL REVENUE FUND $ 507,138,893 $ 512,548,051 54,108
DEPARTMENT TOTAL 54,109
GENERAL SERVICES FUND GROUP $ 12,715,545 $ 10,737,602 54,112
DEPARTMENT TOTAL 54,113
FEDERAL SPECIAL REVENUE 54,114
FUND GROUP $ 189,495,249 $ 192,198,149 54,117
DEPARTMENT TOTAL 54,118
STATE SPECIAL REVENUE FUND GROUP $ 6,471,343 $ 6,151,940 54,121
DEPARTMENT TOTAL 54,122
INTRAGOVERNMENTAL FUND GROUP $ 72,523,765 $ 74,161,226 54,125
TOTAL DEPARTMENT OF MENTAL HEALTH $ 788,344,795 $ 795,796,968 54,128
Section 68.03. Community Medication Subsidy 54,131
The foregoing appropriation item 335-419, Community 54,133
Medication Subsidy, shall be used to provide subsidized support 54,134
for psychotropic medication needs of indigent citizens in the 54,135
community to reduce unnecessary hospitalization because of lack 54,136
of medication and to provide subsidized support for methadone 54,137
costs. 54,138
1188
General Community Mental Health Programs 54,140
The foregoing appropriation item 335-502, Community Mental 54,142
Health Programs, shall be distributed by the Department of Mental 54,144
Health on a per capita basis to community mental health boards. 54,145
The purpose of the appropriation shall be to provide 54,147
subsidized support for general mental health services to Ohioans. 54,148
The range of mental health services eligible for funding shall be 54,149
defined in a Department of Mental Health administrative rule. 54,150
Community mental health boards shall allocate funds in support of 54,152
these services in accordance with the mental health needs of the 54,153
community.
Mental Health Services for Severely Mentally Disabled 54,155
Persons
The foregoing appropriation item 335-508, Services for 54,157
Severely Mentally Disabled, shall be used to fund mental health 54,159
services for adults and children who meet or have formerly met 54,160
criteria established by the Department of Mental Health under its 54,161
definition of severely mentally disabled. Those adults and 54,162
children who constitute severely mentally disabled shall include 54,163
those with a history of recent or chronic psychiatric 54,164
hospitalizations, a history of psychosis, a prognosis of 54,165
continued severe social and adaptive functioning impairment, or 54,166
those certified impaired by the Social Security Administration 54,167
for reasons of mental illness. In addition to the above, children 54,168
and adolescents who are currently determined to be severely 54,169
mentally disabled, or who are at risk of becoming severely mental 54,170
disabled, and who are already in or about to enter the juvenile 54,171
justice system, or child welfare system, or receiving special 54,172
education services within the education system may also receive 54,173
services funded by appropriation item 335-508, Services for 54,174
Severely Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for 54,176
Serverely Mentally Disabled, $100,000 in each fiscal year shall 54,177
be used to fund family and consumer education and support. 54,178
1189
Of the foregoing appropriation item 335-508, Services for 54,181
Severely Mentally Disabled, $2.7 million in each fiscal year 54,182
shall be used to transfer cash from the General Revenue Fund to
Fund 4N8, Family Stability Incentive. This transfer shall be 54,183
made using an intrastate voucher. 54,184
Behavioral Health Medicaid Services 54,186
The Department of Mental Health shall administer specified 54,188
Medicaid Services as delegated by the Department of Human 54,189
Services in an interagency agreement. The foregoing 54,190
appropriation item 333-607, Behavioral Health Medicaid Services, 54,191
may be used to make payments for free-standing psychiatric 54,192
hospital inpatient services as defined in an interagency 54,193
agreement with the Department of Human Services.
Community Capital Replacement Facility Fund 54,195
Any proceeds received from the sale of property approved by 54,197
the Director of Mental Health under section 5119.631 of the 54,198
Revised Code are hereby appropriated. 54,199
Section 68.04. Not later than July 1, 2001, the Directors 54,201
of Mental Health, Health, and Aging shall convene a group of key 54,202
relevant constituencies to evaluate the implementation of 54,203
sections 173.35, 340.03, 340.091, 3722.01, 3722.011, 3722.10, 54,204
3722.15, 3722.16, 3722.18, and 5119.61 of the Revised Code, as 54,205
amended or enacted by this act. The group shall report its 54,206
findings and recommendations to the directors and General 54,207
Assembly not later than July 1, 2002. 54,208
Section 69. DMR DEPARTMENT OF MENTAL RETARDATION 54,210
AND DEVELOPMENTAL DISABILITIES 54,211
Section 69.01. General Administration and Statewide 54,213
Services 54,214
General Revenue Fund 54,216
GRF 320-321 Central 54,219
Administration $ 12,054,435 $ 11,889,457 54,221
GRF 320-411 Special Olympics $ 200,000 $ 200,000 54,225
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 54,229
1190
GRF 320-415 Rent Payments-OPFC $ 30,000,000 $ 28,600,000 54,233
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 54,236
General Services Fund Group 54,239
4B5 320-640 Conference/Training $ 761,387 $ 780,768 54,244
TOTAL GSF General Services 54,245
Fund Group $ 761,387 $ 780,768 54,248
Federal Special Revenue Fund Group 54,251
3A4 320-605 Administrative 54,254
Support $ 5,795,804 $ 6,491,300 54,256
3A5 320-613 DD Council Operating 54,258
Expenses $ 992,486 $ 992,486 54,260
325 320-634 Protective Services $ 916,969 $ 916,969 54,264
TOTAL FED Federal Special Revenue 54,265
Fund Group $ 7,705,259 $ 8,400,755 54,268
TOTAL ALL GENERAL ADMINISTRATION 54,269
AND STATEWIDE SERVICES 54,270
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 54,273
Rental Payments to the Ohio Public Facilities Commission 54,277
The foregoing appropriation item 320-415, Rent Payments - 54,279
OPFC, shall be used to meet all payments at the times they are 54,281
required to be made during the period from July 1, 1999, to June 54,282
30, 2001, by the Department of Mental Retardation and 54,283
Developmental Disabilities to the Ohio Public Facilities 54,284
Commission pursuant to leases and agreements made under section 54,285
154.20 of the Revised Code, but limited to the aggregate amount 54,286
of $58,600,000. Nothing in this act shall be deemed to 54,287
contravene the obligation of the state to pay, without necessity 54,288
for further appropriation, from the sources pledged thereto, the 54,289
bond service charges on obligations issued pursuant to section 54,290
154.20 of the Revised Code.
Section 69.02. Community Services 54,292
General Revenue Fund 54,294
GRF 322-405 State Use Program $ 268,364 $ 264,685 54,299
1191
GRF 322-413 Residential and 54,301
Support Services $ 133,882,337 $ 137,095,513 54,303
GRF 322-451 Family Support 54,305
Services $ 7,705,342 $ 7,975,870 54,308
GRF 322-452 Case Management $ 6,235,022 $ 6,384,663 54,312
GRF 322-501 County Boards 54,314
Subsidies $ 45,720,356 $ 46,817,644 54,316
TOTAL GRF General Revenue Fund $ 193,811,421 $ 198,538,375 54,319
General Services Fund Group 54,322
4J6 322-645 Intersystem Services 54,325
for Children $ 3,798,005 $ 3,907,448 54,327
4U4 322-606 Community MR and DD 54,329
Trust $ 116,242 $ 119,201 54,331
4V1 322-611 Program Support $ 110,560 $ 113,374 54,334
4V1 322-615 Ohio's 54,336
Self-Determination
Project $ 131,666 $ 131,666 54,338
488 322-603 Residential Services 54,340
Refund $ 3,297,786 $ 3,650,224 54,342
TOTAL GSF General Services 54,343
Fund Group $ 7,454,259 $ 7,921,913 54,346
Federal Special Revenue Fund Group 54,349
3A4 322-605 Community Program 54,352
Support $ 2,569,284 $ 2,749,134 54,354
3A4 322-610 Community Residential 54,356
Support $ 5,537,250 $ 5,924,858 54,358
3A5 322-613 DD Council Grants $ 3,358,290 $ 3,358,290 54,362
3G6 322-639 Medicaid Waiver $ 135,921,846 $ 136,602,770 54,366
3M7 322-650 CAFS Medicaid $ 141,058,250 $ 141,890,490 54,370
325 322-608 Federal Grants - 54,372
Operating Expenses $ 1,197,586 $ 1,225,523 54,374
325 322-612 Social Service Block 54,376
Grant $ 15,100,000 $ 15,100,000 54,378
1192
325 322-614 Health and Human 54,380
Services $ 214,245 $ 214,245 54,382
325 322-617 Education Grants - 54,384
Operating $ 277,650 $ 277,650 54,386
TOTAL FED Federal Special Revenue 54,387
Fund Group $ 305,234,401 $ 307,342,960 54,390
State Special Revenue Fund Group 54,393
4K8 322-604 Waiver - Match $ 12,868,321 $ 12,532,806 54,398
5H0 322-619 Medicaid Repayment $ 534,560 $ 549,980 54,402
TOTAL SSR State Special Revenue 54,403
Fund Group $ 13,402,881 $ 13,082,786 54,406
TOTAL ALL COMMUNITY SERVICES 54,407
BUDGET FUND GROUPS $ 519,902,962 $ 526,886,034 54,410
Residential and Support Services 54,413
The foregoing appropriation item 322-413, Residential and 54,415
Support Services, shall be used for any of the following: 54,416
(A) Home and community-based waiver services pursuant to 54,418
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 54,419
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental 54,421
retardation and developmental disabilities; 54,422
(C) Supported living services contracted by county boards 54,424
of mental retardation and developmental disabilities in 54,425
accordance with sections 5126.40 to 5126.47 of the Revised Code; 54,426
(D) County board of mental retardation and developmental 54,428
disabilities contracted purchase of service; 54,429
(E) Sermak Class Services used to implement the 54,431
requirements of the consent decree in the case of Sermak v. 54,432
Manuel, Case No. c-2-80-220, United States District Court for the 54,433
Southern District of Ohio, Eastern Division.
Notwithstanding Chapters 5123. and 5126. of the Revised 54,435
Code, the Department of Mental Retardation and Developmental 54,437
Disabilities may develop residential and support service programs 54,438
that enable persons with mental retardation and developmental 54,439
1193
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 54,440
may waive the support collection requirements of those statutes 54,441
for persons in community programs developed by the department 54,442
under this section. The department shall adopt rules under 54,443
Chapter 119. of the Revised Code or may use existing rules for 54,444
the implementation of these programs.
Family Support Services 54,446
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 54,448
5126.11 of the Revised Code, the Department of Mental Retardation 54,449
and Developmental Disabilities may implement programs funded by 54,450
appropriation item 322-451, Family Support Services, to provide 54,451
assistance to persons with mental retardation or developmental 54,452
disabilities and their families who are living in the community. 54,454
The department shall adopt rules to implement these programs. 54,455
Case Management 54,457
The foregoing appropriation item 322-452, Case Management, 54,459
shall be allocated to county boards of mental retardation and 54,461
developmental disabilities for the purpose of providing case 54,462
management services and to assist in bringing state funding for 54,463
all department-approved case managers within county boards of 54,464
mental retardation and developmental disabilities to the level 54,465
authorized in division (D) of section 5126.15 of the Revised 54,466
Code. The department may request approval from the Controlling 54,467
Board to transfer any unobligated appropriation authority from 54,468
other state General Revenue Fund appropriation items within the 54,469
department's budget to appropriation item 322-452, Case 54,470
Management, to be used to meet the statutory funding level in 54,471
division (D) of section 5126.15 of the Revised Code. 54,472
Notwithstanding division (D) of section 5126.15 of the 54,474
Revised Code and subject to funding in appropriation item 54,475
322-452, Case Management, no county may receive less than its 54,476
allocation in fiscal year 1995.
State Subsidies to MR/DD boards 54,478
1194
Of the foregoing appropriation item 322-501, County Boards 54,480
Subsidies, $1,500,000 in each fiscal year shall be used to fund 54,481
the tax equity program in accordance with sections 5126.16, 54,482
5126.17, and 5126.18 of the Revised Code.
Of the foregoing appropriation item 322-501, County Boards 54,484
Subsidies, up to $550,000 in fiscal year 2000 may be used to 54,485
contract with The MR/DD Services Group, LLC for the technical 54,486
assistance to county boards of mental retardation and 54,487
developmental disabilities and other agencies under contract with 54,488
the county boards of mental retardation and developmental 54,489
disabilities for the implementation of Medicaid services. The 54,490
Department of Mental Retardation and Developmental Disabilities 54,491
shall monitor the contract and provide guidance and assistance, 54,492
as needed, to accomplish the functions associated with the 54,493
contract.
Of the foregoing appropriation item 322-501, County Boards 54,495
Subsidies, up to $550,000 in fiscal year 2001 may be used to 54,496
solicit requests for proposal for technical assistance to county 54,497
boards of mental retardation and developmental disabilities and 54,498
other agencies under contract with the county boards of mental 54,499
retardation and developmental disabilities for the implementation 54,500
of Medicaid services. The Department of Mental Retardation and 54,501
Developmental Disabilities shall monitor the contract and provide 54,502
guidance and assistance, as needed, to accomplish the functions 54,503
associated with the contract. 54,504
Waiver - Match 54,506
The foregoing appropriation item 322-604, Waiver-Match 54,508
(Fund 4K8), shall be used as state matching funds for the home 54,509
and community-based waivers. 54,510
The Department of Human Services may enter into an 54,512
interagency agreement with the Department of Mental Retardation 54,513
and Developmental Disabilities providing for the Department of 54,514
Mental Retardation and Developmental Disabilities to operate the 54,515
program. 54,516
1195
Developmental Center Program to Develop a Model Billing for 54,518
Services Rendered 54,519
Developmental centers of the Department of Mental 54,521
Retardation and Developmental Disabilities may provide services 54,522
to persons with mental retardation or developmental disabilities 54,523
living in the community or to providers of services to these 54,524
persons. The department may develop a methodology for recovery 54,525
of all costs associated with the provisions of these services. 54,526
Section 69.03. Residential Facilities 54,528
General Revenue Fund 54,530
GRF 323-321 Residential 54,533
Facilities Operations $ 104,027,497 $ 103,976,271 54,535
TOTAL GRF General Revenue Fund $ 104,027,497 $ 103,976,271 54,538
General Services Fund Group 54,541
152 323-609 Residential 54,544
Facilities Support $ 849,108 $ 870,772 54,546
TOTAL GSF General Services 54,547
Fund Group $ 849,108 $ 870,772 54,550
Federal Special Revenue Fund Group 54,553
3A4 323-605 Residential 54,556
Facilities
Reimbursement $ 125,178,287 $ 125,985,419 54,558
325 323-608 Federal Grants - 54,560
Subsidies $ 401,173 $ 429,255 54,562
325 323-617 Education Grants - 54,564
Residential
Facilities $ 374,882 $ 374,882 54,566
TOTAL FED Federal Special Revenue 54,567
Fund Group $ 125,954,342 $ 126,789,556 54,570
State Special Revenue Fund Group 54,573
489 323-632 Operating Expense $ 10,297,985 $ 10,726,617 54,578
TOTAL SSR State Special Revenue 54,579
Fund Group $ 10,297,985 $ 10,726,617 54,582
TOTAL ALL RESIDENTIAL FACILITIES 54,583
1196
BUDGET FUND GROUPS $ 241,128,932 $ 242,363,216 54,586
DEPARTMENT TOTAL GENERAL REVENUE 54,589
FUND $ 341,404,001 $ 344,546,207 54,591
DEPARTMENT TOTAL GENERAL SERVICES 54,592
FUND GROUP $ 9,064,754 $ 9,573,453 54,594
DEPARTMENT TOTAL FEDERAL SPECIAL 54,595
REVENUE FUND GROUP $ 438,894,002 $ 442,533,271 54,597
DEPARTMENT TOTAL STATE SPECIAL 54,598
REVENUE FUND GROUP $ 23,700,866 $ 23,809,403 54,600
TOTAL DEPARTMENT OF MENTAL 54,601
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 813,063,623 $ 820,462,334 54,604
Section 70. MIH COMMISSION ON MINORITY HEALTH 54,607
General Revenue Fund 54,609
GRF 149-321 Operating Expenses $ 572,555 $ 582,837 54,614
GRF 149-501 Minority Health 54,616
Grants $ 1,047,826 $ 1,072,973 54,618
GRF 149-502 Lupus Program $ 182,298 $ 186,673 54,622
TOTAL GRF General Revenue Fund $ 1,802,679 $ 1,842,483 54,625
State Special Revenue Fund Group 54,628
4C2 149-601 Minority Health 54,631
Conference $ 121,051 $ 124,231 54,633
TOTAL SSR State Special Revenue 54,634
Fund Group $ 121,051 $ 124,231 54,637
TOTAL ALL BUDGET FUND GROUPS $ 1,923,730 $ 1,966,714 54,640
Lupus Program 54,643
The foregoing appropriation item 149-502, Lupus Program, 54,645
shall be used to provide grants for programs in patient, public, 54,646
and professional education on the subject of Systemic Lupus 54,647
Erythemtosus; to encourage and develop local centers on lupus 54,648
information gathering and screening; and to provide outreach to 54,649
minority women. 54,650
Section 71. CRB MOTOR VEHICLE COLLISION REPAIR 54,653
REGISTRATION BOARD 54,654
1197
General Service Fund Group 54,656
5H9 865-609 Operating Expenses $ 228,638 $ 228,778 54,661
TOTAL GSF General Services 54,662
Fund Group $ 228,638 $ 228,778 54,665
TOTAL ALL BUDGET FUND GROUPS $ 228,638 $ 228,778 54,668
Section 72. DNR DEPARTMENT OF NATURAL RESOURCES 54,671
General Revenue Fund 54,673
GRF 725-401 Wildlife - GRF 54,676
Central Support $ 1,221,229 $ 1,268,315 54,678
GRF 725-404 Fountain Square 54,680
Rental Payments - OBA $ 1,087,000 $ 1,093,000 54,682
GRF 725-408 Reclamation and 54,684
Mining $ 2,406,020 $ 2,408,999 54,686
GRF 725-412 Reclamation 54,688
Commission $ 66,475 $ 68,165 54,690
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 54,694
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 54,698
GRF 725-423 Stream and Ground 54,700
Water Gauging $ 422,863 $ 459,387 54,702
GRF 725-425 Wildlife License 54,704
Reimbursement $ 1,000,000 $ 1,000,000 54,706
GRF 725-456 Canal Lands $ 414,783 $ 423,203 54,710
GRF 725-502 Soil and Water 54,712
Districts $ 11,414,494 $ 12,140,831 54,714
GRF 725-507 Conservation Reserve 54,716
Enhancement Program $ 2,000,000 $ 2,000,000 54,718
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 54,722
GRF 728-321 Division of 54,724
Geological Survey $ 2,164,135 $ 2,270,778 54,726
GRF 729-321 Computer Information 54,728
Services &
Communications $ 1,172,567 $ 1,214,464 54,730
GRF 730-321 Division of Parks and 54,732
Recreation $ 35,255,224 $ 34,951,655 54,734
1198
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 54,738
GRF 734-321 Division of Oil and 54,740
Gas $ 725,366 $ 1,614,957 54,742
GRF 736-321 Division of Chief 54,744
Engineer $ 4,371,204 $ 3,773,672 54,746
GRF 737-321 Division of Soil and 54,748
Water $ 4,092,866 $ 4,382,166 54,750
GRF 738-321 Office of Real Estate 54,752
and Land Management $ 3,099,898 $ 2,650,457 54,754
GRF 741-321 Division of Natural 54,756
Areas $ 3,415,305 $ 3,396,390 54,758
GRF 743-321 Division of Civilian 54,760
Conservation $ 5,100,636 $ 5,225,382 54,762
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 54,765
General Services Fund Group 54,768
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 54,773
157 725-651 Central Support 54,775
Indirect $ 7,302,432 $ 7,273,923 54,777
158 725-604 Natural Resources 54,779
Publication Center
Intrastate $ 79,170 $ 80,154 54,781
161 725-635 Parks Facilities 54,783
Maintenance $ 2,666,395 $ 2,737,935 54,785
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 54,789
204 725-687 Information Services $ 2,217,392 $ 2,145,631 54,793
206 725-689 REALM Support 54,795
Services $ 447,811 $ 473,152 54,797
207 725-690 Real Estate $ 53,924 $ 55,320 54,801
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 54,805
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 54,809
4X8 725-662 Water Planning 54,811
Council $ 262,900 $ 269,700 54,813
430 725-671 Canal Lands $ 1,029,302 $ 998,044 54,817
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 54,821
1199
508 725-684 Natural Resources 54,823
Publication Center
Interstate $ 393,166 $ 361,877 54,825
510 725-631 Maintenance - 54,827
state-owned
residences $ 230,669 $ 220,771 54,829
516 725-620 Water Management $ 2,407,372 $ 2,404,055 54,833
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 54,837
635 725-664 Fountain Square 54,839
Facilities Management $ 2,595,957 $ 2,699,355 54,841
697 725-670 Submerged Lands $ 547,762 $ 567,920 54,845
TOTAL GSF General Services 54,846
Fund Group $ 26,027,212 $ 26,460,401 54,849
Federal Special Revenue Fund Group 54,852
3B3 725-640 Federal Forest 54,855
Pass-Thru $ 55,000 $ 55,000 54,857
3B4 725-641 Federal Flood 54,859
Pass-Thru $ 185,000 $ 190,000 54,861
3B5 725-645 Federal Abandoned 54,863
Mine Lands $ 7,418,833 $ 7,630,403 54,865
3B6 725-653 Federal Land and 54,867
Water Conservation $ 130,000 $ 120,000 54,869
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 54,873
3P0 725-630 Natural Areas and 54,875
Preserves-Federal $ 262,400 $ 185,000 54,877
3P1 725-632 Geological 54,879
Survey-Federal $ 350,000 $ 350,000 54,881
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 54,885
3P3 725-650 Real Estate and Land 54,887
Management-Federal $ 2,857,755 $ 3,185,120 54,889
3P4 725-660 Water-Federal $ 180,000 $ 180,000 54,893
3R5 725-673 Acid Mine Drainage 54,895
Abatement/Treatment $ 600,000 $ 600,000 54,897
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 54,901
1200
332 725-669 Federal Mine Safety 54,903
Grant $ 133,095 $ 137,056 54,905
TOTAL FED Federal Special Revenue 54,906
Fund Group $ 15,628,229 $ 16,027,961 54,909
State Special Revenue Fund Group 54,912
4B8 725-617 Forestry Development $ 25,000 $ 25,000 54,917
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 54,921
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 54,925
4U6 725-668 Scenic Rivers 54,927
Protection $ 261,307 $ 268,431 54,929
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 54,933
509 725-602 State Forest $ 1,520,379 $ 1,440,326 54,937
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 54,941
512 725-605 State Parks 54,943
Operations $ 27,150,223 $ 27,048,732 54,945
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 54,949
518 725-643 Oil and Gas Permit 54,951
Fees $ 3,118,829 $ 2,378,496 54,953
518 725-677 Oil and Gas Well 54,955
Plugging $ 800,000 $ 800,000 54,957
521 725-627 Off-Road Vehicle 54,959
Trails $ 62,036 $ 63,790 54,961
522 725-656 Natural Areas 54,963
Checkoff Funds $ 745,301 $ 766,169 54,965
525 725-608 Reclamation 54,967
Forfeiture $ 597,082 $ 597,664 54,969
526 725-610 Strip Mining 54,971
Administration Fees $ 1,956,599 $ 2,006,000 54,973
527 725-637 Surface Mining 54,975
Administration $ 1,964,078 $ 2,016,050 54,977
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 54,981
530 725-647 Surface Mining 54,983
Reclamation $ 76,725 $ 78,951 54,985
1201
531 725-648 Reclamation 54,987
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 54,989
532 725-644 Litter Control and 54,991
Recycling $ 10,965,210 $ 11,264,587 54,993
615 725-661 Dam Safety $ 136,633 $ 139,237 54,997
TOTAL SSR State Special Revenue 54,998
Fund Group $ 53,953,325 $ 53,329,615 55,001
Wildlife Fund Group 55,004
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 55,009
015 740-321 Division of Wildlife 55,011
Conservation $ 40,345,888 $ 41,400,117 55,013
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 55,017
815 725-636 Cooperative 55,019
Management Projects $ 148,850 $ 153,166 55,021
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 55,025
817 725-655 Wildlife Conservation 55,027
Checkoff Fund $ 1,301,143 $ 1,327,577 55,029
818 725-629 Cooperative Fisheries 55,031
Research $ 918,004 $ 943,708 55,033
819 725-685 Ohio River Management $ 119,302 $ 122,748 55,037
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 55,040
Waterways Safety Fund Group 55,043
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 55,048
086 725-416 Natural Areas Marine 55,050
Patrol $ 25,000 $ 25,000 55,052
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 55,056
086 725-418 Buoy Placement $ 39,298 $ 40,267 55,060
086 725-501 Waterway Safety 55,062
Grants $ 128,024 $ 131,609 55,064
086 725-506 Watercraft Marine 55,066
Patrol $ 359,800 $ 369,875 55,068
086 725-513 Watercraft 55,070
Educational Grants $ 128,500 $ 132,098 55,072
1202
086 739-321 Division of 55,074
Watercraft $ 14,865,111 $ 15,142,223 55,076
880 725-614 Cooperative Boat 55,078
Harbor Projects $ 108,637 $ 111,679 55,080
TOTAL WSF Waterways Safety Fund 55,081
Group $ 18,770,772 $ 19,068,786 55,084
Holding Account Redistribution Fund Group 55,087
R17 725-659 Performance Cash Bond 55,090
Refunds $ 265,000 $ 265,500 55,092
R29 725-607 Reclamation Fee 55,094
Refund $ 350,000 $ 350,000 55,096
R30 725-638 Surface Mining 55,098
Reclamation Fees $ 12,000 $ 12,000 55,100
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 55,104
TOTAL 090 Holding Account 55,105
Redistribution Fund Group $ 2,377,000 $ 2,377,500 55,108
Accrued Leave Liability Fund Group 55,111
4M8 725-675 FOP Contract $ 17,551 $ 17,990 55,116
TOTAL ALF Accrued Leave 55,117
Liability Fund Group $ 17,551 $ 17,990 55,120
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437 55,123
Section 72.01. Rental Payments to the Ohio Public 55,126
Facilities Commission 55,127
The foregoing appropriation item 725-413, OPFC Rental 55,129
Payments, shall be used to meet all payments at the times they 55,131
are required to be made during the period from July 1, 1999, to 55,132
June 30, 2001, by the Department of Natural Resources to the Ohio 55,133
Public Facilities Commission pursuant to leases and agreements 55,134
made under section 154.22 of the Revised Code, but limited to the 55,135
aggregate amount of $28,410,000. Nothing in this act shall be 55,136
deemed to contravene the obligation of the state to pay, without 55,137
necessity for further appropriation, from the sources pledged 55,138
thereto, the bond service charges on obligations issued pursuant 55,139
to section 154.22 of the Revised Code. 55,140
1203
Fountain Square 55,142
The foregoing appropriation item 725-404, Fountain Square 55,144
Rental Payments - OBA, shall be used by the Department of Natural 55,146
Resources to meet all payments required to be made to the Ohio 55,147
Building Authority during the period from July 1, 1999, to June 55,148
30, 2001, pursuant to leases and agreements with the Ohio 55,149
Building Authority under section 152.241 of the Revised Code, but 55,150
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 55,152
transfer vouchers, shall make payments to the General Revenue 55,154
Fund from funds other than the General Revenue Fund to reimburse 55,155
the General Revenue Fund for their share of the lease rental 55,156
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the 55,157
payment from the Ohio Building Authority for the actual amounts 55,158
necessary to fulfill the leases and agreements pursuant to 55,159
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 55,161
Facilities Management (Fund 635), shall be used for payment of 55,163
repairs, renovation, utilities, property management, and building 55,164
maintenance expenses for the Fountain Square Complex. Cash 55,165
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 55,166
Natural Resources shall be deposited to the Fountain Square 55,167
Facilities Management Fund (Fund 635). 55,168
Section 72.02. Central Support Indirect Chargeback 55,170
With the exception of the Division of Wildlife, whose 55,172
indirect central support charges shall be paid by the General 55,173
Revenue Fund from the foregoing appropriation item 725-401, 55,174
Wildlife - GRF Central Support, the Department of Natural 55,175
Resources, with the approval of the Director of Budget and 55,176
Management, shall utilize a methodology for determining each 55,177
division's payments into the Central Support Indirect Chargeback 55,178
Fund (Fund 157). The methodology used shall contain the 55,179
1204
characteristics of administrative ease and uniform application. 55,180
Payments to the Central Support Indirect Chargeback Fund shall be 55,181
made using an intrastate transfer voucher. 55,182
Wildlife License Reimbursement 55,184
Notwithstanding the limits of the transfer from the General 55,186
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 55,187
of the Revised Code, up to the amount available in appropriation 55,188
item 725-425, Wildlife License Reimbursement, may be transferred 55,189
from the General Revenue Fund to the Wildlife Fund (Fund 015). 55,190
Pursuant to the certification of the Director of Budget and 55,191
Management of the amount of foregone revenue in accordance with 55,192
section 1533.15 of the Revised Code, the foregoing appropriation 55,193
item in the General Revenue Fund, appropriation item 725-425, 55,194
Wildlife License Reimbursement, shall be used to reimburse the 55,195
Wildlife Fund (Fund 015) for the cost of hunting and fishing 55,196
licenses and permits issued after June 30, 1990, to individuals 55,197
who are exempted under the Revised Code from license, permit, and 55,198
stamp fees.
Soil and Water Districts 55,200
In addition to state payments to soil and water 55,202
conservation districts authorized by section 1515.10 of the 55,203
Revised Code, the Department of Natural Resources may pay to any 55,204
soil and water conservation district, from authority in 55,205
appropriation item 725-502, Soil and Water Districts, an annual 55,206
amount not to exceed $30,000, upon receipt of a request and 55,207
justification from the district and approval by the Ohio Soil and 55,208
Water Conservation Commission. The county auditor shall credit 55,209
such payments to the special fund established pursuant to section 55,210
1515.10 of the Revised Code for the local soil and water 55,211
conservation district. Moneys received by each district shall be 55,212
expended for the purposes of the district. 55,213
Of the foregoing appropriation item 725-502, Soil and Water 55,215
Districts, $150,000 in each fiscal year shall be distributed to 55,216
the Muskingum Watershed Conservancy District. 55,217
1205
Of the foregoing appropriation item 725-502, Soil and Water 55,219
Districts, $170,000 in each fiscal year shall be distributed to 55,220
the Indian Lake Watershed.
No funds shall be used to pay for cost sharing under 55,223
section 1511.02 of the Revised Code if the Chief of Soil and 55,224
Water Conservation issues an order finding a person has caused 55,225
agricultural pollution by failure to comply with the standards 55,226
established under that section.
Soil and Water Districts 55,228
Of the foregoing appropriation item 725-502, Soil and Water 55,230
Districts, up to $8,043,891 in fiscal year 2000 and up to 55,231
$8,687,402 in fiscal year 2001 shall be distributed to soil and 55,232
water conservation districts for matching funds pursuant to 55,233
section 1515.14 of the Revised Code.
Of the foregoing appropriation item 725-502, Soil and Water 55,235
Districts, $250,000 in each fiscal year shall be distributed to 55,236
the Resource Conservation and Development Councils. 55,237
Of the foregoing appropriation item 725-502, Soil and Water 55,239
Districts, $63,940 in fiscal year 2000 and fiscal year 2001 shall 55,240
be used for the Conservation Action Project to improve water 55,241
quality in Defiance, Fulton, Henry, Lucas, Paulding, Williams, 55,242
and Wood counties.
Of the foregoing appropriation item 725-502, Soil and Water 55,244
Districts, $150,000 in each fiscal year shall be used for the 55,245
Loramie Valley Alliance Flood Program. 55,246
Of the foregoing appropriation item 725-502, Soil and Water 55,248
Districts, $50,000 in each fiscal year shall be distributed to 55,249
the Ottawa River Coalition. 55,250
Of the foregoing appropriation item 725-502, Soil and Water 55,252
Districts, $100,000 in fiscal year 2000 shall be expended for the 55,253
Millcreek Valley Mitigation Project. 55,254
Of the foregoing appropriation item 725-502, Soil and Water 55,256
Districts, $1,000,000 in fiscal year 2000 shall be expended for 55,257
the Defiance-Williams Mitigation Project. 55,258
1206
Of the foregoing appropriation item 725-502, Soil and Water 55,260
Districts, $50,000 in each fiscal year shall be expended for the 55,261
Livestock Environmental Assurance Program. 55,262
Division of Soil and Water 55,264
Of the foregoing appropriation item 737-321, Division of 55,266
Soil and Water, $220,000 in each fiscal year shall be distributed 55,267
to the Water Quality Laboratory located at Heidelberg College. 55,269
Portage Lakes 55,271
Of the foregoing appropriation item 730-321, Division of 55,273
Parks and Recreation, $250,000 in fiscal year 2000 shall be 55,274
expended for the purchase of the Knapp-McDowell property for the 55,275
creation of the Portage Lakes Land Park.
Canal Lands 55,277
The foregoing appropriation item 725-456, Canal Lands, 55,279
shall be used to transfer funds to the Canal Lands Fund (Fund 55,280
430) to provide operating expenses for the State Canal Lands 55,281
Program. The transfer shall be made using an intrastate transfer 55,282
voucher and shall be subject to the approval of the Director of 55,283
Budget and Management. 55,284
Office of Real Estate and Land Management 55,286
Of the foregoing appropriation item 738-321, Office of Real 55,288
Estate and Land Management, $100,000 in fiscal year 2000 shall be 55,290
used for dredging the Chagrin River, and $100,000 in fiscal year 55,291
2001 shall be used for dredging the Grand River.
Watercraft Marine Patrol 55,293
Of the foregoing appropriation item 739-321, Division of 55,295
Watercraft, $50,000 in each fiscal year shall be expended for the 55,296
purchase of equipment for marine patrols qualifying for funding 55,297
from the Department of Natural Resources pursuant to section 55,298
1547.67 of the Revised Code. Proposals for equipment shall 55,299
accompany the submission of documentation for receipt of a marine 55,300
patrol subsidy pursuant to section 1547.67 of the Revised Code 55,301
and shall be loaned to eligible marine patrols pursuant to a 55,302
cooperative agreement between the Department of Natural Resources 55,303
1207
and the eligible marine patrol. 55,304
Water Resources Council 55,306
There is hereby created a Water Resources Council, 55,308
consisting of the Directors, or the designees of the Directors, 55,309
of Agriculture, Development, Environmental Protection, Health, 55,310
Natural Resources, Transportation, the State and Local Government 55,311
Commission, Public Utilities Commission, Ohio Public Works 55,312
Commission, and Ohio Water Development Authority. The Director 55,313
of Natural Resources shall chair the council. The chair of the 55,314
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 55,316
shall coordinate water policy development and planning activities 55,317
of state agencies and consider and make recommendations regarding 55,318
water policy development, planning coordination, and funding 55,320
issues.
Operating expenses of the council shall be paid from the 55,322
Water Resources Council Fund (Fund 4X8), which is hereby created. 55,323
The council may hire an executive director and staff to support 55,325
its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and 55,326
private interests to assist in meeting its objectives. The 55,327
Department of Natural Resources shall serve as fiscal agent of 55,329
the fund. The Departments of Agriculture, Development, 55,330
Environmental Protection, Health, Natural Resources, and
Transportation shall contribute equally, via interstate transfer 55,331
voucher, to the fund. The State and Local Government Commission, 55,332
Public Utilities Commission, Ohio Public Works Commission, and 55,333
Ohio Water Development Authority may also voluntarily pay into 55,334
the Water Resources Council Fund for the operating expenses of 55,335
the council. If voluntary payment is made into the fund the 55,336
portion for the Departments of Agriculture, Development,
Environmental Protection, Health, Natural Resources, and 55,337
Transportation shall be equally reduced. 55,338
Cash Transfer 55,340
1208
Not later than August 1, 1999, the Director of Budget and 55,342
Management shall transfer cash in an amount not to exceed $8,266 55,343
from the Departmental Projects Fund (Fund 155) to the Oil and Gas 55,344
Well Fund (Fund 518).
Not later than August 1, 1999, the Director of Budget and 55,346
Management shall transfer cash in an amount not to exceed 55,347
$150,000 from the Mining Regulation Fund (Fund 5B3) to the Oil 55,348
and Gas Well Fund (Fund 518).
Fund Consolidation 55,350
On July 15, 1999, or as soon thereafter as possible, the 55,352
Director of Budget and Management shall transfer the cash 55,353
balances of the Departmental Services - Interstate Fund (Fund 55,354
507) as of June 30, 1999, and any amounts that accrue to that 55,355
fund after that date, to the Departmental Projects Fund (Fund
155). The Director shall cancel any remaining outstanding 55,356
encumbrances against appropriation item 725-681, Departmental 55,357
Services - Interstate, and reestablish them against appropriation 55,358
item 725-601, Departmental Projects. The amounts of any 55,359
encumbrances canceled and reestablished are hereby appropriated. 55,360
On July 15, 1999, or as soon thereafter as possible, the 55,362
Director of Budget and Management shall transfer the cash 55,363
balances of the Oil and Gas Well Plugging Fund (Fund 517) as of 55,364
June 30, 1999, and any amounts that accrue to that fund after 55,365
that date, to the Oil and Gas Well Fund (Fund 518). The director 55,366
shall cancel any remaining outstanding encumbrances against
appropriation item 725-615, Oil and Gas Well Plugging, and 55,367
reestablish them against appropriation item 725-643, Oil and Gas 55,368
Permit Fees. The amounts of any encumbrances canceled and 55,369
reestablished are hereby appropriated.
Oil and Gas Well Plugging 55,371
The foregoing appropriation item 725-677, Oil and Gas Well 55,373
Plugging, shall be used exclusively for the purposes of plugging 55,374
wells and to properly restore the land surface of idle and orphan 55,375
oil and gas wells pursuant to section 1509.071 of the Revised 55,376
1209
Code. No funds from the appropriation item shall be used for 55,377
salaries, maintenance, equipment, or other administrative 55,378
purposes, except for those costs directly attributed to the 55,379
plugging of an idle or orphan well. Appropriation authority from 55,380
this line item shall not be transferred to any other fund or line 55,381
item.
Burr Oak Water Plant Transfer 55,383
For the purposes of this section, "Burr Oak water system" 55,385
includes, but is not limited to, the Burr Oak water treatment 55,386
plant and its appurtenances.
Upon creation of a regional water district in accordance 55,388
with Chapter 6119. of the Revised Code, the Department of Natural 55,389
Resources shall transfer ownership of the Burr Oak water system 55,390
to the regional water district which shall serve portions of 55,391
Athens, Morgan, Hocking, and Perry counties, or surrounding 55,392
areas. The transfer of the Burr Oak water system shall occur
upon the execution of a transfer agreement between the Department 55,393
of Natural Resources and the regional water district setting 55,394
forth the provisions of the transfer. 55,395
Not more than thirty days prior to the execution of the 55,397
transfer agreement, the Director of Natural Resources shall 55,398
certify the amount of debt outstanding for the Burr Oak water 55,399
system and request the release of moneys up to $685,000 from 55,400
appropriation item 736-321, Division of Chief Engineer, to make
payment on the outstanding debt. Not more than fifteen days 55,401
after the execution of the transfer agreement, all unencumbered 55,402
moneys in the Burr Oak Water Plant Fund (Fund 519), Burr Oak 55,403
Water Plant, shall be distributed to the regional water district. 55,404
Division of Parks and Recreation 55,406
Of the foregoing appropriation item 730-321, Division of 55,408
Parks and Recreation, $150,000 in fiscal year 2000 shall be 55,409
expended for the American Disability Act improvements to the 55,410
Greenbrier Commons Park in Parma Heights. 55,411
Noah Dam Project 55,413
1210
Of the foregoing appropriation item 738-321, Office of Real 55,415
Estate and Land Management, $506,105 in fiscal year 2000 shall be 55,417
distributed to the Akron YMCA Camp Y for the Noah Dam Project. 55,418
Section 73. NUR STATE BOARD OF NURSING 55,420
General Services Fund Group 55,422
4K9 884-609 Operating Expenses $ 4,080,547 $ 4,206,614 55,427
TOTAL GSF General Services 55,428
Fund Group $ 4,080,547 $ 4,206,614 55,431
TOTAL ALL BUDGET FUND GROUPS $ 4,080,547 $ 4,206,614 55,435
Section 74. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 55,438
AND ATHLETIC TRAINERS BOARD 55,439
General Services Fund Group 55,441
4K9 890-609 Operating Expenses $ 794,492 $ 632,645 55,446
TOTAL GSF General Services 55,447
Fund Group $ 794,492 $ 632,645 55,450
TOTAL ALL BUDGET FUND GROUPS $ 794,492 $ 632,645 55,453
Operating Expenses 55,456
Of the foregoing appropriation item 890-609, Operating 55,458
Expenses, $150,000 in fiscal year 2000 shall be used by the 55,459
physical therapy and occupational therapy sections of the Ohio 55,460
Occupational Therapy, Physical Therapy, and Athletic Trainers 55,461
Board to commission a study to measure clinical outcomes for 55,462
physical therapy and occupational therapy. The physical therapy 55,464
and occupational therapy sections for the board shall report the 55,465
findings of the study to the Speaker and Minority Leader of the 55,466
House of Representatives, the President and Minority Leader of 55,467
the Senate, and the Governor no later than two years after the 55,468
effective date of this section. 55,469
Education Conference 55,471
The Occupational Therapy, Physical Therapy, and Athletic 55,473
Trainers Board shall plan a conference to discuss career options 55,474
for recent college graduates and new licensees. Members of the 55,475
conference shall be the directors, or their designees, of the 55,476
Occupational Therapy, Physical Therapy, and Athletic Trainers 55,477
1211
Board, Board of Regents, Proprietary Schools and Community
Schools or their designees. The conference shall provide 55,478
recommendations to the Board of Regents. 55,479
Section 75. OLA OHIOANA LIBRARY ASSOCIATION 55,481
General Revenue Fund 55,483
GRF 355-501 Library Subsidy $ 443,750 $ 280,461 55,488
TOTAL GRF General Revenue Fund $ 443,750 $ 280,461 55,491
TOTAL ALL BUDGET FUND GROUPS $ 443,750 $ 280,461 55,494
Library Subsidy 55,497
Of the foregoing appropriation item 355-501, Library 55,499
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 55,500
relocation of the Ohioana Library from the State Departments 55,501
Building.
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD 55,503
General Services Fund Group 55,505
4K9 894-609 Operating Expenses $ 262,402 $ 260,182 55,510
TOTAL GSF General Services 55,511
Fund Group $ 262,402 $ 260,182 55,514
TOTAL ALL BUDGET FUND GROUPS $ 262,402 $ 260,182 55,517
Section 77. OPT STATE BOARD OF OPTOMETRY 55,520
General Services Fund Group 55,522
4K9 885-609 Operating Expenses $ 267,672 $ 266,294 55,527
TOTAL GSF General Services 55,528
Fund Group $ 267,672 $ 266,294 55,531
TOTAL ALL BUDGET FUND GROUPS $ 267,672 $ 266,294 55,535
Section 78. PBR STATE PERSONNEL BOARD OF REVIEW 55,538
General Revenue Fund 55,540
GRF 124-321 Operating $ 1,219,720 $ 1,077,232 55,545
TOTAL GRF General Revenue Fund $ 1,219,720 $ 1,077,232 55,548
General Services Fund Group 55,551
636 124-601 Transcript and Other $ 37,838 $ 38,746 55,556
TOTAL GSF General Services 55,557
Fund Group $ 37,838 $ 38,746 55,560
TOTAL ALL BUDGET FUND GROUPS $ 1,257,558 $ 1,115,978 55,563
1212
Transcript and Other 55,566
The foregoing appropriation item 124-601, Transcript and 55,568
Other, may be used to produce and distribute transcripts and 55,569
other documents. Revenues generated by charges for transcripts 55,570
and other documents shall be deposited in the Transcripts and 55,571
Other Fund (Fund 636). 55,572
Section 79. PRX STATE BOARD OF PHARMACY 55,574
General Services Fund Group 55,576
4A5 887-605 Drug Law Enforcement $ 65,000 $ 70,000 55,581
4K9 887-609 Operating Expenses $ 3,841,199 $ 3,829,277 55,585
TOTAL GSF General Services 55,586
Fund Group $ 3,906,199 $ 3,899,277 55,589
TOTAL ALL BUDGET FUND GROUPS $ 3,906,199 $ 3,899,277 55,592
Section 80. PSY STATE BOARD OF PSYCHOLOGY 55,595
General Services Fund Group 55,597
4K9 882-609 Operating Expenses $ 456,543 $ 443,625 55,602
TOTAL GSF General Services 55,603
Fund Group $ 456,543 $ 443,625 55,606
TOTAL ALL BUDGET FUND GROUPS $ 456,543 $ 443,625 55,609
Section 81. PUB OHIO PUBLIC DEFENDER COMMISSION 55,612
General Revenue Fund 55,614
GRF 019-321 Public Defender 55,617
Administration $ 1,773,081 $ 1,808,544 55,619
GRF 019-401 State Legal Defense 55,621
Services $ 6,810,632 $ 6,993,291 55,623
GRF 019-403 Multi-County: State 55,625
Share $ 1,108,780 $ 1,280,291 55,627
GRF 019-404 Trumbull County-State 55,629
Share $ 415,691 $ 429,680 55,631
GRF 019-405 Training Account $ 48,500 $ 48,500 55,636
GRF 019-501 County Reimbursement 55,638
- Non-Capital Cases $ 31,495,223 $ 34,600,011 55,640
GRF 019-503 County Reimbursements 55,642
- Capital Cases $ 1,151,476 $ 1,257,059 55,644
1213
TOTAL GRF General Revenue Fund $ 42,803,383 $ 46,417,376 55,647
General Services Fund Group 55,650
101 019-602 Inmate Legal 55,653
Assistance $ 57,983 $ 56,422 55,655
101 019-607 Juvenile Legal 55,657
Assistance $ 456,055 $ 503,615 55,659
406 019-603 Training and 55,661
Publications $ 16,000 $ 16,000 55,663
407 019-604 County Representation $ 466,799 $ 456,959 55,667
408 019-605 Client Payments $ 127,985 $ 131,453 55,671
TOTAL GSF General Services 55,672
Fund Group $ 1,124,822 $ 1,164,449 55,675
Federal Special Revenue Fund Group 55,678
3S8 019-608 Federal 55,681
Representation $ 190,000 $ 190,000 55,683
TOTAL FED Federal Special Revenue 55,684
Fund Group $ 190,000 $ 190,000 55,687
State Special Revenue Fund Group 55,690
4C7 019-601 Multi-County: County 55,693
Share $ 1,556,829 $ 1,614,051 55,695
4X7 019-610 Trumbull 55,697
County-County Share $ 552,627 $ 579,645 55,699
574 019-606 Legal Services 55,701
Corporation $ 16,350,000 $ 16,850,000 55,703
TOTAL SSR State Special Revenue 55,704
Fund Group $ 18,459,456 $ 19,043,696 55,707
TOTAL ALL BUDGET FUND GROUPS $ 62,577,661 $ 66,815,521 55,710
Indigent Defense Office 55,713
The foregoing appropriation items 019-404, Trumbull County 55,715
- State Share, and 019-610, Trumbull County - County Share, shall 55,716
be used to support an indigent defense office for Trumbull 55,717
County.
Training Account 55,719
The foregoing appropriation item 019-405, Training Account, 55,721
1214
shall be used by the Ohio Public Defender to provide legal 55,722
training programs at no cost for private appointed counsel who 55,723
represent at least one indigent defendant at no cost, and for 55,724
state and county public defenders and attorneys who contract with 55,725
the Ohio Public Defender to provide indigent defense services. 55,726
Federal Representation 55,728
The foregoing appropriation item 019-608, Federal 55,730
Representation, shall be used to receive reimbursements from the 55,731
federal courts when the Ohio Public Defender provides 55,733
representation on federal court cases.
Section 82. DHS DEPARTMENT OF PUBLIC SAFETY 55,735
General Revenue Fund 55,737
GRF 763-403 Operating Expenses - 55,740
EMA $ 4,090,853 $ 3,574,514 55,742
GRF 763-409 MARCS Operations and 55,744
Maintenance $ 740,284 $ 735,997 55,746
GRF 763-507 Individual and Family 55,748
Grants $ 100,000 $ 105,000 55,750
GRF 764-404 Transportation 55,752
Enforcement
Operations $ 2,156,879 $ 2,157,207 55,754
GRF 769-321 Food Stamp 55,756
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 55,758
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 55,761
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 55,766
American Red Cross Disaster Preparedness and Training 55,769
Of the foregoing appropriation item 763-403, Operating 55,771
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 55,772
distributed to the American Red Cross in Ohio for disaster 55,773
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 55,775
agreement between the State of Ohio Chapters of the American Red 55,776
1215
Cross to specify the terms by which these funds shall be 55,777
requested, distributed, and accounted for to enhance the disaster 55,778
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 55,779
Management Agency shall require of the American Red Cross a plan 55,780
that facilitates implementation of the current Statement of 55,781
Understanding between the State of Ohio and the American Red 55,782
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 55,783
Ohio Task Force One - Urban Search and Rescue Unit 55,785
Of the foregoing appropriation item 763-403, Operating 55,787
Expenses - EMA, $200,000 in each fiscal year shall be used to 55,788
fund the Ohio Task Force One - Urban Search and Rescue Unit. 55,789
MARCS Operations and Maintenance Transfers 55,791
Upon the request of the Director of Public Safety, the 55,793
Director of Budget and Management shall transfer up to $304,284 55,794
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 55,795
2001 by intrastate transfer voucher from appropriation item 55,796
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 55,797
Maintenance Fund.
Upon the request of the Director of Public Safety, the 55,799
Director of Budget and Management shall transfer up to $436,000 55,800
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 55,801
2001 by intrastate transfer voucher from appropriation item 55,802
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 55,803
Operations Fund.
IFG State Match 55,805
The foregoing appropriation item 763-507, Individual and 55,807
Family Grants, shall be used to fund the state share of costs to 55,808
provide grants to individuals and families in cases of disaster. 55,809
Section 83. PUC PUBLIC UTILITIES COMMISSION OF OHIO 55,811
General Services Fund Group 55,813
5F6 870-622 Utility and Railroad 55,816
Regulation $ 25,207,000 $ 25,295,000 55,818
1216
5F6 870-624 NARUC/NRRI Subsidy $ 167,233 $ 167,233 55,822
5F6 870-625 Motor Transportation 55,824
Regulation $ 4,239,287 $ 4,237,947 55,826
558 870-602 Salvage and Exchange $ 31,031 $ 31,775 55,830
TOTAL GSF General Services 55,831
Fund Group $ 29,644,551 $ 29,731,955 55,834
Federal Special Revenue Fund Group 55,837
333 870-601 Gas Pipeline Safety $ 441,208 $ 454,898 55,842
350 870-608 Motor Carrier Safety $ 4,028,483 $ 4,089,335 55,846
TOTAL FED Federal Special Revenue 55,847
Fund Group $ 4,469,691 $ 4,544,233 55,850
State Special Revenue Fund Group 55,853
4A3 870-614 Grade Crossing 55,856
Protection
Devices-State $ 1,242,480 $ 1,275,759 55,858
4L8 870-617 Pipeline Safety-State $ 164,789 $ 164,085 55,863
4S6 870-618 Hazardous Material 55,866
Registration $ 621,388 $ 626,809 55,868
4S6 870-621 Hazardous Materials 55,871
Base State
Registration $ 348,046 $ 356,399 55,873
4U8 870-620 Civil Forfeitures $ 250,009 $ 249,451 55,878
559 870-605 Public Utilities 55,880
Territorial
Administration $ 4,688 $ 4,801 55,882
560 870-607 Special Assessment $ 100,000 $ 100,000 55,886
561 870-606 Power Siting Board $ 300,000 $ 297,893 55,890
638 870-611 Biofuels/Municipal 55,892
Waste Technology $ 69,196 $ 69,908 55,894
661 870-612 Hazardous Materials 55,896
Transportation $ 800,000 $ 800,000 55,898
TOTAL SSR State Special Revenue 55,899
Fund Group $ 3,900,596 $ 3,945,105 55,902
Agency Fund Group 55,905
1217
4G4 870-616 Base State 55,908
Registration Program $ 7,000,000 $ 7,000,000 55,910
TOTAL AGY Agency Fund Group $ 7,000,000 $ 7,000,000 55,913
TOTAL ALL BUDGET FUND GROUPS $ 45,014,838 $ 45,221,293 55,918
Elimination of Utility Forecasting Fund 55,921
On July 1, 1999, or as soon thereafter as possible, the 55,923
Director of Budget and Management shall transfer the cash balance 55,924
in the Utility Forecasting Fund (Fund 587) to the Public 55,925
Utilities Fund (Fund 5F6). The director shall cancel any 55,926
existing encumbrances against appropriation item 870-609, Utility
Forecasting (Fund 587), and reestablish them against 55,927
appropriation item 870-622, Utility and Railroad Regulation (Fund 55,928
5F6).
Grade Crossing Protection Program 55,930
In appropriation item 870-614, Grade Crossing Protection 55,932
Devices - State, as determined by the Director of Budget and 55,933
Management, the amounts necessary to reestablish prior-year 55,934
encumbrances are hereby appropriated. 55,935
Section 84. RAC STATE RACING COMMISSION 55,937
State Special Revenue Fund Group 55,939
5C4 875-607 Simulcast Horse 55,942
Racing Purse $ 13,664,161 $ 13,989,559 55,944
562 875-601 Thoroughbred Race 55,946
Fund $ 4,327,786 $ 4,431,653 55,948
563 875-602 Standardbred 55,950
Development Fund $ 1,816,934 $ 1,858,533 55,952
564 875-603 Quarterhorse 55,954
Development Fund $ 8,000 $ 8,000 55,956
565 875-604 Racing Commission 55,958
Operating $ 3,975,039 $ 4,012,502 55,960
TOTAL SSR State Special Revenue 55,961
Fund Group $ 23,791,920 $ 24,300,247 55,964
Holding Account Redistribution Fund Group 55,967
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 55,972
1218
TOTAL 090 Holding Account 55,973
Redistribution
Fund Group $ 212,900 $ 212,900 55,976
TOTAL ALL BUDGET FUND GROUPS $ 24,004,820 $ 24,513,147 55,979
Section 85. DRC DEPARTMENT OF REHABILITATION AND 55,982
CORRECTION 55,983
General Revenue Fund 55,985
GRF 501-321 Institutional 55,987
Operations $ 751,512,763 $ 790,304,677 55,989
GRF 501-403 Prisoner Compensation $ 9,257,805 $ 9,654,376 55,993
GRF 501-405 Halfway House $ 31,948,765 $ 34,277,931 55,997
GRF 501-406 Lease Rental Payments $ 120,900,000 $ 129,500,000 56,001
GRF 501-407 Community 56,003
Nonresidential
Programs $ 15,986,812 $ 16,466,767 56,005
GRF 501-408 Community Misdemeanor 56,007
Programs $ 8,431,580 $ 8,676,220 56,009
GRF 501-501 Community Residential 56,011
Programs-CBCF $ 47,821,732 $ 52,895,295 56,014
GRF 502-321 Mental Health 56,016
Services $ 73,829,408 $ 75,809,266 56,018
GRF 503-321 Parole and Community 56,020
Operations $ 73,414,938 $ 73,040,275 56,022
GRF 504-321 Administrative 56,024
Operations $ 27,787,499 $ 28,016,367 56,026
GRF 505-321 Institution Medical 56,028
Services $ 122,883,126 $ 126,283,661 56,030
GRF 506-321 Institution Education 56,032
Services $ 22,753,530 $ 23,455,913 56,034
GRF 507-321 Institution Recovery 56,036
Services $ 6,337,366 $ 6,393,616 56,038
TOTAL GRF General Revenue Fund $1,312,865,324 $1,374,774,364 56,041
General Services Fund Group 56,043
1219
4B0 501-601 Penitentiary Sewer 56,046
Treatment Facility
Services $ 1,414,841 $ 1,438,983 56,048
4D4 501-603 Prisoner Programs $ 19,401,160 $ 19,726,098 56,052
4L4 501-604 Transitional Control $ 374,648 $ 384,745 56,056
4S5 501-608 Education Services $ 3,957,494 $ 4,023,449 56,060
483 501-605 Property Receipts $ 346,822 $ 346,821 56,064
5H8 501-617 Offender Financial 56,066
Responsibility $ 406,627 $ 426,959 56,068
571 501-606 Training Academy 56,070
Receipts $ 69,903 $ 71,567 56,072
593 501-618 Laboratory Services $ 4,450,486 $ 4,673,010 56,076
TOTAL GSF General Services 56,077
Fund Group $ 30,421,981 $ 31,091,632 56,080
Federal Special Revenue Fund Group 56,082
3S1 501-615 Truth-In-Sentencing 56,085
Grants $ 15,000,000 $ 15,000,000 56,087
323 501-619 Federal Grants $ 11,190,999 $ 9,548,001 56,091
TOTAL FED Federal Special Revenue 56,092
Fund Group $ 26,190,999 $ 24,548,001 56,095
Intragovernmental Service Fund Group 56,098
148 501-602 Services and 56,101
Agricultural $ 95,133,830 $ 100,126,370 56,103
200 501-607 Ohio Penal Industries $ 46,292,000 $ 47,679,999 56,107
TOTAL ISF Intragovernmental 56,108
Service Fund Group $ 141,425,830 $ 147,806,369 56,111
TOTAL ALL BUDGET FUND GROUPS $1,510,904,134 $1,578,220,366 56,114
Halfway House 56,117
Of the foregoing appropriation item 501-405, Halfway House, 56,119
$100,000 in fiscal year 2000 shall be distributed directly to the 56,121
Oriana House.
Ohio Building Authority Lease Payments 56,123
The foregoing appropriation item 501-406, Lease Rental 56,125
Payments, shall be used for payments to the Ohio Building 56,127
1220
Authority for the period July 1, 1999, to June 30, 2001, pursuant 56,128
to the primary leases and agreements for those buildings made 56,129
under Chapter 152. of the Revised Code in the amount of
$250,400,000 which are the source of funds pledged for bond 56,130
service charges on related obligations issued pursuant to Chapter 56,132
152. of the Revised Code.
Prisoner Compensation 56,134
Money from the foregoing appropriation item 501-403, 56,136
Prisoner Compensation, shall be transferred on a quarterly basis 56,137
by intrastate transfer voucher to Fund 148 for the purposes of 56,139
paying prisoner compensation. 56,140
Inmate Development Program 56,142
Of the foregoing appropriation item 503-321, Parole and 56,144
Community Operations, at least $30,000 in each fiscal year shall 56,145
be used for an inmate development program. 56,146
Section 86. RSC REHABILITATION SERVICES COMMISSION 56,148
General Revenue Fund 56,150
GRF 415-100 Personal Services $ 7,981,041 $ 7,865,107 56,155
GRF 415-401 Personal Care 56,157
Assistance $ 953,624 $ 972,551 56,159
GRF 415-402 Independent Living 56,161
Council $ 401,278 $ 410,909 56,163
GRF 415-403 Mental Health 56,165
Services $ 759,578 $ 777,807 56,167
GRF 415-404 MR/DD Services $ 1,335,275 $ 1,367,321 56,171
GRF 415-405 Vocational 56,173
Rehabilitation/Human
Services $ 568,620 $ 582,267 56,175
GRF 415-431 Office for People 56,177
with Brain Injury $ 197,921 $ 202,697 56,179
GRF 415-506 Services for People 56,181
with Disabilities $ 11,235,077 $ 11,531,180 56,183
GRF 415-508 Services for the Deaf $ 148,365 $ 149,526 56,187
1221
GRF 415-509 Services for the 56,189
Elderly $ 380,602 $ 389,736 56,191
GRF 415-520 Independent Living 56,193
Services $ 61,492 $ 62,967 56,195
TOTAL GRF General Revenue Fund $ 24,022,873 $ 24,312,068 56,198
General Services Fund Group 56,201
4W5 415-606 Administrative 56,204
Expenses $ 17,263,146 $ 17,721,525 56,206
467 415-609 Business Enterprise 56,208
Operating Expenses $ 1,676,209 $ 1,723,110 56,210
TOTAL GSF General Services 56,211
Fund Group $ 18,939,355 $ 19,444,635 56,214
Federal Special Revenue Fund Group 56,217
3L1 415-601 Social Security 56,220
Personal Care
Assistance $ 3,453,086 $ 3,701,386 56,222
3L1 415-605 Social Security 56,224
Community Centers for
the Deaf $ 1,100,488 $ 1,100,488 56,226
3L1 415-607 Social Security 56,228
Administration Cost $ 143,887 $ 139,760 56,230
3L1 415-608 Social Security 56,232
Special
Programs/Assistance $ 2,513,818 $ 2,513,818 56,234
3L1 415-610 Social Security 56,236
Vocational
Rehabilitation $ 1,452,000 $ 1,452,000 56,238
3L1 415-614 Social Security 56,240
Independent Living $ 294,454 $ 294,454 56,242
3L4 415-611 Federal-Independent 56,244
Living Council $ 192,645 $ 198,039 56,246
3L4 415-612 Federal-Independent 56,248
Living Centers or
Services $ 551,791 $ 567,241 56,250
1222
3L4 415-615 Federal - Supported 56,252
Employment $ 1,441,674 $ 1,441,674 56,254
3L4 415-617 Independent 56,256
Living/Vocational
Rehabilitation
Programs $ 450,000 $ 450,000 56,258
317 415-620 Disability 56,260
Determination $ 63,511,419 $ 64,008,286 56,262
379 415-616 Federal-Vocational 56,264
Rehabilitation $ 114,858,693 $ 115,069,636 56,266
TOTAL FED Federal Special 56,267
Revenue Fund Group $ 189,963,955 $ 190,936,782 56,270
State Special Revenue Fund Group 56,272
4L1 415-619 Services for 56,274
Rehabilitation $ 3,474,278 $ 3,450,658 56,276
468 415-618 Third Party Funding $ 5,125,634 $ 4,934,666 56,280
TOTAL SSR State Special 56,281
Revenue Fund Group $ 8,599,912 $ 8,385,324 56,284
TOTAL ALL BUDGET FUND GROUPS $ 241,526,095 $ 243,078,809 56,287
Stand Concessions Fund--Crediting of Income 56,290
In crediting interest and other income earned on moneys 56,292
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 56,293
of State and Director of Budget and Management shall ensure that 56,294
the requirements of section 3304.35 of the Revised Code are met. 56,295
Personal Care Assistance 56,297
The foregoing appropriation item 415-401, Personal Care 56,299
Assistance, shall be used in addition to the federal Social 56,300
Security reimbursement funds to provide personal care assistance 56,302
services. These funds shall not be used in lieu of the Social 56,303
Security reimbursement funds.
MR/DD Services 56,305
The foregoing appropriation item 415-404, MR/DD Services, 56,307
shall be used as state matching funds to provide vocational 56,308
rehabilitation services to mutually eligible clients between the 56,309
1223
Rehabilitation Services Commission and the Department of Mental 56,311
Retardation and Developmental Disabilities. The Rehabilitation 56,312
Services Commission shall report to the Department of Mental 56,313
Retardation and Developmental Disabilities, as outlined in an 56,314
interagency agreement, on the number and status of mutually 56,315
eligible clients and the status of the funds and expenditures for 56,316
these clients.
Vocational Rehabilitation/Human Services 56,318
The foregoing appropriation item 415-405, Vocational 56,320
Rehabilitation/Human Services, shall be used as state matching 56,321
funds to provide vocational rehabilitation services to mutually 56,322
eligible clients between the Rehabilitation Services Commission 56,323
and the Department of Human Services. The Rehabilitation 56,324
Services Commission shall report to the Department of Human 56,325
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 56,326
funds and expenditures for these clients. 56,327
Office for People with Brain Injury 56,329
Of the foregoing appropriation item 415-431, Office for 56,331
People with Brain Injury, $100,000 in each fiscal year shall be 56,332
used for the state match for a federal grant awarded through the 56,334
"Traumatic Brain Injury Act," Pub. L. No. 104-166. The remaining 56,335
appropriation in this item shall be used to plan and coordinate 56,336
head-injury-related services provided by state agencies and other 56,337
government or private entities, to assess the needs for such 56,338
services, and to set priorities in this area. 56,339
Services for the Deaf 56,341
The foregoing appropriation item 415-508, Services for the 56,343
Deaf, shall be used to supplement the federal Social Security 56,344
reimbursement funds used to provide grants to community centers 56,345
for the deaf. These funds shall not be used in lieu of Social 56,346
Security reimbursement funds. 56,347
Services for the Elderly 56,349
The foregoing appropriation item 415-509, Services for the 56,351
1224
Elderly, shall be used as matching funds for vocational 56,352
rehabilitation services for eligible elderly citizens with a 56,353
disability. 56,354
Social Security Reimbursement Funds 56,356
Reimbursement funds received from the Social Security 56,358
Administration, United States Department of Health and Human 56,359
Services, for the costs of providing services and training to 56,360
return disability recipients to gainful employment, shall be used 56,361
in the Social Security Reimbursement Fund (Fund 3L1), as follows: 56,363
(A) Appropriation item 415-601, Social Security Personal 56,365
Care Assistance, to provide personal care services in accordance 56,367
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community 56,369
Centers for the Deaf, to provide grants to community centers for 56,371
the deaf in Ohio for services to individuals with hearing 56,372
impairments;
(C) Appropriation item 415-607, Social Security 56,374
Administration Cost, to provide administrative services needed to 56,376
administer the Social Security reimbursement program; 56,377
(D) Appropriation item 415-610, Social Security Vocational 56,379
Rehabilitation, to provide vocational rehabilitation services to 56,380
individuals with severe disabilities to achieve a noncompetitive 56,381
employment goal such as homemaker;
(E) Appropriation item 415-608, Social Security Special 56,383
Programs/Assistance, to provide vocational rehabilitation 56,384
services to individuals with severe disabilities, who are Social 56,385
Security beneficiaries, to achieve competitive employment. This 56,386
item also includes funds to assist the Personal Care Assistance, 56,387
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 56,388
Circular A-87. 56,389
Administrative Expenses 56,391
The foregoing appropriation item 415-606, Administrative 56,393
Expenses, shall be used to support the administrative functions 56,394
1225
of the commission related to the provision of vocational 56,395
rehabilitation, disability determination services, and ancillary 56,396
programs.
Independent Living Council 56,398
The foregoing appropriation items 415-402, Independent 56,400
Living Council, and 415-611, Federal-Independent Living Council, 56,401
shall be used to fund the operations of the State Independent 56,402
Living Council.
Mental Health Services 56,404
The foregoing appropriation item 415-403, Mental Health 56,406
Services, shall be used for the provision of vocational 56,407
rehabilitation services to mutually eligible consumers of the 56,408
Rehabilitation Services Commission and the Department of Mental 56,410
Health.
The Department of Mental Health shall receive a quarterly 56,412
report from the Rehabilitation Services Commission stating the 56,413
numbers served, numbers placed in employment, average hourly 56,415
wage, and average hours worked.
Independent Living Services 56,417
The foregoing appropriation items 415-520, Independent 56,419
Living Services, and 415-612, Federal-Independent Living Centers 56,420
or Services, shall be used to support state independent living 56,421
centers or independent living services pursuant to Title VII of 56,422
the "Independent Living Services and Centers for Independent 56,424
Living of the Rehabilitation Act Amendments of 1992," 106 Stat.
4344, 29 U.S.C.A. 796d. 56,425
Independent Living/Vocational Rehabilitation Programs 56,427
The foregoing appropriation item 415-617, Independent 56,429
Living/Vocational Rehabilitation Programs, shall be used to 56,430
support vocational rehabilitation programs, including, but not 56,431
limited to, Projects with Industry and Training Grants. 56,432
Section 87. RCB RESPIRATORY CARE BOARD 56,434
General Services Fund Group 56,436
4K9 872-609 Operating Expenses $ 266,576 $ 271,144 56,441
1226
TOTAL GSF General Services 56,442
Fund Group $ 266,576 $ 271,144 56,445
TOTAL ALL BUDGET FUND GROUPS $ 266,576 $ 271,144 56,448
Section 88. REVENUE DISTRIBUTION FUNDS 56,451
Volunteer Firemen's Dependents Fund 56,453
085 800-900 Volunteer Firemen's 56,456
Dependents Fund $ 200,000 $ 200,000 56,458
TOTAL 085 Volunteer Firemen's 56,459
Dependents Fund $ 200,000 $ 200,000 56,462
Agency Fund Group 56,463
062 110-900 Resort Area Excise 56,465
Tax $ 250,000 $ 250,000 56,467
063 110-900 Permissive Tax 56,469
Distribution $1,291,217,300 $1,342,814,000 56,471
067 110-900 School District 56,473
Income Tax Fund $ 145,000,000 $ 155,000,000 56,475
4P8 001-698 Cash Management 56,477
Improvement Fund $ 2,000,000 $ 2,000,000 56,479
608 001-699 Investment Earnings $ 345,000,000 $ 345,000,000 56,483
TOTAL AGY Agency Fund Group $1,783,467,300 $1,845,064,000 56,486
International Fuel Tax Distribution Fund 56,488
R45 110-617 International Fuel 56,491
Tax Distribution $ 44,100,000 $ 44,100,000 56,493
TOTAL R45 International Fuel Tax $ 44,100,000 $ 44,100,000 56,496
Distribution Fund
Revenue Distribution Fund Group 56,497
049 038-900 Indigent Drivers 56,499
Alcohol Treatment $ 1,900,000 $ 1,900,000 56,501
050 762-900 International 56,503
Registration Plan
Distribution $ 45,000,000 $ 47,250,000 56,505
051 762-901 Auto Registration 56,507
Distribution Fund $ 448,300,000 $ 448,300,000 56,509
1227
060 110-900 Gasoline Excise Tax 56,511
Fund $ 110,977,700 $ 113,752,100 56,513
064 110-900 Local Government 56,515
Revenue Assistance $ 93,211,200 $ 97,797,000 56,517
065 110-900 Library/Local 56,519
Government Support
Fund $ 443,933,100 $ 472,336,200 56,521
066 800-900 Undivided Liquor 56,523
Permit Fund $ 13,300,000 $ 13,300,000 56,525
068 110-900 State/Local 56,527
Government Highway
Distribution Fund $ 222,487,300 $ 228,049,500 56,529
069 110-900 Local Government Fund $ 663,478,400 $ 695,579,000 56,533
082 110-900 Horse Racing Tax Fund $ 250,000 $ 250,000 56,537
083 700-900 Ohio Fairs Fund $ 3,000,000 $ 3,000,000 56,541
TOTAL RDF Revenue Distribution 56,542
Fund Group $2,045,837,700 $2,121,513,800 56,545
TOTAL ALL BUDGET FUND GROUPS $3,873,605,000 $4,010,877,800 56,548
Distribution of Horse Racing Tax Fund 56,551
Notwithstanding division (K) of section 3769.08 of the 56,553
Revised Code, for fiscal years 2000 and 2001, the Tax 56,554
Commissioner shall provide for payment to the treasurer of each 56,555
agricultural society the amount of taxes collected under this 56,556
section upon racing conducted at and during the course of any
exposition or fair conducted by such society. 56,557
Additional Appropriations 56,559
Appropriation line items in this section are to be used for 56,561
the purpose of administering and distributing the designated 56,562
revenue distributions fund according to the Revised Code. If it 56,563
is determined that additional appropriations are necessary, such 56,564
amounts are hereby appropriated. 56,565
Section 89. SAN BOARD OF SANITARIAN REGISTRATION 56,567
General Services Fund Group 56,569
4K9 893-609 Operating Expenses $ 102,534 $ 102,252 56,574
1228
TOTAL GSF General Services 56,575
Fund Group $ 102,534 $ 102,252 56,578
TOTAL ALL BUDGET FUND GROUPS $ 102,534 $ 102,252 56,581
Section 90. SOS SECRETARY OF STATE 56,584
General Revenue Fund 56,586
GRF 050-321 Operating Expenses $ 7,594,550 $ 7,724,452 56,591
GRF 050-403 Election Statistics $ 133,000 $ 150,000 56,595
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 56,599
GRF 050-409 Litigation 56,601
Expenditures $ 26,750 $ 26,750 56,603
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,191,202 56,606
General Services Fund Group 56,608
4B9 050-608 Campaign Finance Disk 56,611
Sales $ 1,000 $ 1,000 56,613
4S8 050-610 Board of Voting 56,615
Machine Examiners $ 7,200 $ 7,200 56,617
413 050-601 Information Systems $ 181,900 $ 150,000 56,621
414 050-602 Citizen Education 56,623
Fund $ 30,000 $ 30,000 56,625
TOTAL General Services Fund Group $ 220,100 $ 188,200 56,628
State Special Revenue Fund Group 56,630
599 050-603 Business Services 56,633
Operating Expenses $ 5,200,000 $ 5,200,000 56,635
TOTAL SSR State Special Revenue 56,636
Fund Group $ 5,200,000 $ 5,200,000 56,639
Holding Account Redistribution Fund Group 56,641
R01 050-605 Uniform Commercial 56,644
Code Refunds $ 65,000 $ 65,000 56,646
R02 050-606 Corporate/Business 56,648
Filing Refunds $ 185,000 $ 185,000 56,650
TOTAL 090 Holding Account 56,651
Redistribution Fund Group $ 250,000 $ 250,000 56,654
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 13,829,402 56,657
Board of Voting Machine Examiners 56,660
1229
The foregoing appropriation item 050-610, Board of Voting 56,662
Machine Examiners, shall be used to pay for the services and 56,663
expenses of the members of the Board of Voting Machine Examiners, 56,664
and for other expenses which are authorized to be paid from the 56,665
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 56,666
returned to the person or entity submitting the equipment for 56,667
examination. If it is determined that additional appropriations 56,668
are necessary, such amounts are hereby appropriated. 56,669
Holding Account Redistribution Group 56,671
The foregoing appropriation items 050-605 and 050-606, 56,673
Holding Account Redistribution Fund Group, shall be used to hold 56,674
revenues until they are directed to the appropriate accounts or 56,675
until they are refunded. If it is determined that additional 56,676
appropriations are necessary, such amounts are hereby 56,677
appropriated.
Filing Fees Study 56,679
The Secretary of State shall conduct a study of fees 56,681
charged under section 111.16 of the Revised Code to compare the 56,682
fee amounts with the actual cost of providing the services for 56,683
which the fees are charged. The purpose of the study is to 56,684
determine whether the amounts of the fees being charged are valid
and appropriate with respect to the services being provided. The 56,685
Secretary of State shall complete a report summarizing the 56,686
results of the study and, not later than December 31, 2000, shall 56,687
submit the report to the President of the Senate, the Minority 56,688
Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of 56,689
Representatives.
Section 91. SEN THE OHIO SENATE 56,691
General Revenue Fund 56,693
GRF 020-321 Operating Expenses $ 11,289,045 $ 11,289,045 56,698
TOTAL GRF General Revenue Fund $ 11,289,045 $ 11,289,045 56,701
General Services Fund Group 56,703
1230
102 020-602 Senate Reimbursement $ 402,744 $ 402,744 56,708
409 020-601 Miscellaneous Sales $ 30,980 $ 30,980 56,712
TOTAL GSF General Services 56,713
Fund Group $ 433,724 $ 433,724 56,716
TOTAL ALL BUDGET FUND GROUPS $ 11,722,769 $ 11,722,769 56,719
Section 92. CSF COMMISSIONERS OF THE SINKING FUND 56,722
General Revenue Fund 56,724
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 56,729
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 56,732
Debt Service Fund Group 56,734
071 155-900 Highway Obligations 56,737
Bond Retirement Fund $ 53,642,000 $ 51,636,000 56,739
072 155-900 Highway Capital 56,741
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 56,743
073 155-900 Natural Resources 56,745
Bond Retirement $ 12,865,000 $ 15,700,000 56,747
076 155-900 Coal Research and 56,749
Development Bond
Retirement Fund $ 5,690,000 $ 7,760,000 56,751
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 56,754
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 56,757
Additional Appropriations 56,759
Appropriation items in this section are for the purpose of 56,761
paying the principal and interest on bonds or other instruments 56,762
of indebtedness of this state issued pursuant to the Ohio 56,763
Constitution and acts of the General Assembly. If it is 56,764
determined that additional appropriations are necessary, such 56,765
amounts are hereby appropriated. 56,766
Section 93. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 56,768
& AUDIOLOGY 56,769
General Services Fund Group 56,771
4K9 886-609 Operating Expenses $ 328,710 $ 325,685 56,775
TOTAL GSF General Services 56,776
1231
Fund Group $ 328,710 $ 325,685 56,779
TOTAL ALL BUDGET FUND GROUPS $ 328,710 $ 325,685 56,782
Section 94. SLG STATE AND LOCAL GOVERNMENT 56,785
COMMISSION OF OHIO 56,786
General Revenue Fund 56,788
GRF 046-321 Operating Expenses $ 258,143 $ 264,713 56,793
TOTAL GRF General Revenue Fund $ 258,143 $ 264,713 56,796
TOTAL ALL BUDGET FUND GROUPS $ 258,143 $ 264,713 56,799
Section 95. BTA BOARD OF TAX APPEALS 56,802
General Revenue Fund 56,804
GRF 116-100 Personal Services $ 2,345,663 $ 2,259,296 56,809
GRF 116-200 Maintenance $ 130,350 $ 137,084 56,813
GRF 116-300 Equipment $ 6,965 $ 35,275 56,817
TOTAL GRF General Revenue Fund $ 2,482,978 $ 2,431,655 56,820
General Services Fund Group 56,823
439 116-602 Reproduction of 56,826
Decisions $ 10,000 $ 10,300 56,828
TOTAL GSF General Services 56,829
Fund Group $ 10,000 $ 10,300 56,832
TOTAL ALL BUDGET FUND GROUPS $ 2,492,978 $ 2,441,955 56,835
Section 96. TAX DEPARTMENT OF TAXATION 56,838
General Revenue Fund 56,840
GRF 110-321 Operating Expenses $ 90,709,806 $ 89,657,969 56,845
GRF 110-410 Energy Credit 56,847
Administration $ 697,653 $ 694,814 56,849
GRF 110-412 Child Support 56,851
Administration $ 58,872 $ 60,285 56,853
GRF 110-506 Utility Bill Credits $ 7,500,000 $ 7,500,000 56,857
GRF 110-901 Property Tax 56,859
Allocation-Taxation $ 342,000,000 $ 362,140,000 56,861
GRF 110-906 Tangible Tax 56,863
Exemption - Taxation $ 28,000,000 $ 29,000,000 56,866
TOTAL GRF General Revenue Fund $ 468,966,331 $ 489,053,068 56,869
Agency Fund Group 56,871
1232
425 110-635 Tax Refunds $1,041,325,000 $1,024,575,000 56,876
TOTAL AGY Agency Fund Group $1,041,325,000 $1,024,575,000 56,879
General Services Fund Group 56,882
433 110-602 Tape File Account $ 85,172 $ 87,557 56,887
TOTAL GSF General Services 56,888
Fund Group $ 85,172 $ 87,557 56,891
State Special Revenue Fund Group 56,894
4C6 110-616 International 56,897
Registration Plan $ 588,652 $ 622,127 56,899
4R6 110-610 Tire Tax 56,901
Administration $ 146,661 $ 150,768 56,903
435 110-607 Local Tax 56,905
Administration $ 10,846,962 $ 11,108,705 56,907
436 110-608 Motor Vehicle Audit $ 1,525,384 $ 1,569,645 56,911
437 110-606 Litter Tax and 56,913
Natural Resource Tax
Administration $ 1,340,059 $ 1,374,701 56,915
438 110-609 School District 56,917
Income Tax $ 2,657,080 $ 2,711,122 56,919
639 110-614 Cigarette Tax 56,921
Enforcement $ 147,891 $ 151,711 56,923
642 110-613 Ohio Political Party 56,925
Distributions $ 800,000 $ 800,000 56,927
688 110-615 Local Excise Tax 56,929
Administration $ 335,218 $ 343,721 56,931
TOTAL SSR State Special Revenue 56,932
Fund Group $ 18,387,907 $ 18,832,500 56,935
Federal Special Revenue Fund Group 56,938
3J6 110-601 Motor Fuel Compliance $ 78,817 $ 50,000 56,943
3J7 110-603 International Fuel 56,945
Tax Agreement $ 92,471 $ 80,000 56,947
TOTAL FED Federal Special Revenue 56,948
Fund Group $ 171,288 $ 130,000 56,951
Holding Account Redistribution Fund Group 56,954
1233
R10 110-611 Tax Distributions $ 200,000 $ 200,000 56,959
R11 110-612 Miscellaneous Income 56,961
Tax Receipts $ 500,000 $ 500,000 56,963
TOTAL 090 Holding Account 56,964
Redistribution Fund Group $ 700,000 $ 700,000 56,967
TOTAL ALL BUDGET FUND GROUPS $1,529,635,698 $1,533,378,125 56,970
Litter Control Tax Administration Fund 56,973
Notwithstanding section 5733.12 of the Revised Code, during 56,975
the period from July 1, 1999, to June 30, 2000, the amount of 56,976
$1,340,059, and during the period from July 1, 2000, to June 30, 56,977
2001, the amount of $1,374,701, received by the Treasurer of 56,978
State under Chapter 5733. of the Revised Code, shall be credited 56,979
to the Litter Control Tax Administration Fund (Fund 437). The
Director of Budget and Management shall provide the Treasurer of 56,980
State with a monthly schedule in accordance with which the 56,981
amounts shall be credited.
International Registration Plan Audit 56,983
The foregoing appropriation item 110-616, International 56,985
Registration Plan, shall be used pursuant to section 5703.12 of 56,986
the Revised Code for audits of persons with vehicles registered 56,988
under the International Registration Plan. 56,989
Homestead Exemption, Property Tax Rollback, and Tangible 56,991
Tax Exemption 56,992
The appropriation item 110-901, Property Tax Allocation - 56,994
Taxation, made to the Department of Taxation, is appropriated to 56,995
pay for the state's costs incurred due to the Homestead Exemption 56,996
and the Property Tax Rollback. The Tax Commissioner shall 56,997
distribute these funds directly to the appropriate local taxing 56,998
districts of the state, except for school districts,
notwithstanding the provisions in sections 321.24 and 323.156 of 56,999
the Revised Code, which provide for payment of the Homestead 57,000
Exemption and Property Tax Rollback by the Tax Commissioner to 57,001
the appropriate county treasurer and the subsequent 57,002
redistribution of these funds to the appropriate local taxing
1234
districts by the county auditor. 57,003
The appropriation item 110-906, Tangible Tax Exemption - 57,005
Taxation, made to the Department of Taxation, is appropriated to 57,006
pay for the state's costs incurred due to the tangible personal 57,007
property tax exemption required by division (C)(3) of section 57,008
5709.01 of the Revised Code. The Tax Commissioner shall
distribute to each county treasurer the total amount certified by 57,009
the county treasurer pursuant to section 319.311 of the Revised 57,010
Code for all local taxing districts located in the county except 57,011
for school districts, notwithstanding the provision in section 57,012
319.311 of the Revised Code which provides for payment of the 57,013
$10,000 tangible personal property tax exemption by the Tax
Commissioner to the appropriate county treasurer for all local 57,014
taxing districts located in the county including school 57,015
districts. Pursuant to division (G) of section 321.24 of the 57,016
Revised Code, the county auditor shall distribute the amount paid 57,017
by the Tax Commissioner among the appropriate local taxing 57,018
districts except for school districts.
Upon receipt of these amounts, each local taxing district 57,020
shall distribute the amount among the proper funds as if it had 57,021
been paid as real or tangible personal property taxes. Payments 57,022
for the costs of administration shall continue to be paid to the 57,023
county treasurer and county auditor as provided for in sections 57,024
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 57,026
appropriated in appropriation items 110-901, Property Tax 57,027
Allocation - Taxation, for the Homestead Exemption and the 57,028
Property Tax Rollback payments, and 110-906, Tangible Tax 57,029
Exemption, for the $10,000 tangible personal property tax
exemption payments, which are determined to be necessary for 57,030
these purposes, are hereby appropriated. 57,031
Section 97. DOT DEPARTMENT OF TRANSPORTATION 57,033
Transportation Modes 57,034
General Revenue Fund 57,036
1235
GRF 775-451 Public Transportation 57,039
- State $ 27,970,941 $ 28,589,210 57,041
GRF 775-453 Waterfront Line Lease 57,043
Payments - State $ 1,781,000 $ 1,786,000 57,045
GRF 775-456 Public 57,047
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 57,050
GRF 775-458 Elderly and Disabled 57,052
Fare Assistance $ 3,285,159 $ 3,364,000 57,054
GRF 776-465 Ohio Rail Development 57,056
Commission $ 5,805,000 $ 5,780,800 57,058
GRF 777-471 Airport Improvements 57,060
- State $ 2,665,000 $ 2,679,525 57,062
GRF 777-473 Rickenbacker Lease 57,064
Payments - State $ 995,000 $ 997,000 57,066
TOTAL GRF General Revenue Fund $ 45,878,000 $ 46,653,457 57,069
Federal Special Revenue Fund Group 57,072
3B9 776-662 Rail Transportation - 57,075
Federal $ 1,000,000 $ 1,000,000 57,077
TOTAL FSR Federal Special Revenue 57,078
Fund Group $ 1,000,000 $ 1,000,000 57,081
State Special Revenue Fund Group 57,084
5E7 775-657 Transit Capital Funds $ 9,000,000 $ 9,000,000 57,089
4N4 776-663 Panhandle Lease 57,091
Payments $ 769,000 $ 770,000 57,093
4N4 776-664 Rail Transportation - 57,095
Other $ 500,000 $ 500,000 57,097
TOTAL SSR State Special Revenue 57,098
Fund Group $ 10,269,000 $ 10,270,000 57,101
TOTAL ALL BUDGET FUND GROUPS $ 57,147,000 $ 57,923,457 57,104
Geauga County Airport Authority 57,107
Of the foregoing appropriation item 777-471, Airport 57,109
Improvements-State, $30,000 in fiscal year 2000 shall be used to 57,110
support the Geauga County Airport Authority. 57,111
1236
Aviation Lease Payments 57,113
The foregoing appropriation item 777-473, Rickenbacker 57,115
Lease Payments - State, shall be used to meet scheduled payments 57,116
for the Rickenbacker Port Authority. The Director of 57,117
Transportation shall certify to the Director of Budget and 57,118
Management any appropriations in appropriation item 777-473, 57,119
Rickenbacker Lease Payments - State, that are not needed to make 57,120
lease payments for the Rickenbacker Port Authority. 57,121
Notwithstanding section 127.14 of the Revised Code, the amount 57,122
certified may be transferred by the Director of Budget and 57,123
Management to appropriation item 777-471, Airport Improvements - 57,124
State.
Transfer of Appropriations - Public Transportation 57,126
The Director of Budget and Management may approve requests 57,128
from the Department of Transportation for the transfer of 57,129
appropriations among appropriation item 775-451, Public 57,130
Transportation - State, appropriation item 775-456, Public
Transportation/Discretionary Capital, and appropriation item 57,131
775-458, Elderly and Disabled Fare Assistance. Transfers among 57,132
appropriation items shall be made upon the written request of the 57,134
Director of Transportation with the approval of the Director of 57,136
Budget and Management. Such transfers shall be reported to the 57,137
Controlling Board at the next regularly scheduled meeting of the 57,138
board.
Section 98. TOS TREASURER OF STATE 57,140
General Revenue Fund 57,142
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 57,147
GRF 090-401 Commissioners of the 57,149
Sinking Fund $ 370,530 $ 381,400 57,151
GRF 090-402 Continuing Education $ 413,278 $ 442,207 57,155
GRF 090-510 PERS Cost of Living $ 136 $ 100 57,159
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 57,163
GRF 090-512 SERS Cost of Living $ 600 $ 600 57,167
GRF 090-520 PERS Pension Benefits $ 77,470 $ 25,850 57,171
1237
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 57,175
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 57,179
GRF 090-523 Highway Patrol 57,181
Retirement System $ 4,156 $ 4,050 57,183
GRF 090-524 Police and Fire 57,185
Disability Pension $ 50,000 $ 45,000 57,187
GRF 090-530 PERS Ad Hoc Cost of 57,189
Living $ 616,410 $ 472,897 57,191
GRF 090-531 STRS Ad Hoc Cost of 57,193
Living $ 1,600,000 $ 1,500,000 57,195
GRF 090-532 SERS Ad Hoc Cost of 57,197
Living $ 236,000 $ 213,000 57,199
GRF 090-533 Hwy Patrol Ad Hoc 57,201
Cost of Living $ 24,990 $ 24,800 57,203
GRF 090-534 Police & Fire Ad Hoc 57,205
Cost of Living $ 325,000 $ 300,000 57,207
GRF 090-544 Police and Fire State 57,209
Contribution $ 1,200,000 $ 1,200,000 57,211
GRF 090-554 Police and Fire 57,213
Survivor Benefits $ 1,740,000 $ 1,670,000 57,215
GRF 090-575 Police and Fire Death 57,217
Benefits $ 19,980,000 $ 21,280,000 57,219
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 57,223
TOTAL GRF General Revenue Fund $ 157,316,656 $ 167,600,937 57,226
General Services Fund Group 57,229
182 090-608 Financial Planning 57,232
Commissions $ 12,000 $ 12,000 57,234
4E9 090-603 Securities Lending 57,236
Income Fund $ 5,185,804 $ 6,169,140 57,238
4NO 090-611 Treasury Education 57,240
Fund $ 27,500 $ 27,500 57,242
577 090-605 Investment Pool 57,244
Reimbursement $ 1,000,000 $ 750,000 57,246
1238
605 090-609 Treasurer of State 57,248
Administrative Fund $ 850,000 $ 600,000 57,250
TOTAL GSF General Services 57,251
Fund Group $ 7,075,304 $ 7,558,640 57,254
Debt Service Fund Group 57,257
077 090-900 Capital Improvements 57,260
Bond Service $ 122,500,000 $ 132,365,000 57,262
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 57,265
State Special Revenue Fund Group 57,267
5C5 090-602 County Treasurer 57,270
Education $ 110,000 $ 110,000 57,272
TOTAL SSR State Special Revenue 57,273
Fund Group $ 110,000 $ 110,000 57,276
TOTAL ALL BUDGET FUND GROUPS $ 287,001,960 $ 307,634,577 57,279
Section 98.01. Commissioners of the Sinking Fund 57,282
The foregoing appropriation item 090-401, Commissioners of 57,284
the Sinking Fund, shall be used for all costs incurred by order 57,285
of, or on behalf of, the Commissioners of the Sinking Fund, with 57,286
respect to the issuance and sale of bonds or other obligations, 57,287
including, but not limited to, engraving, printing, advertising, 57,288
and other related outlays. The General Revenue Fund shall be 57,289
reimbursed for such costs on intrastate transfer voucher drawn by 57,291
the Commissioners of the Sinking Fund, pursuant to a
certification by the Treasurer of State of the actual amounts 57,293
used. The amounts necessary to make such reimbursements are 57,294
hereby appropriated from the bond retirement funds created by the 57,295
laws and Constitution of this state to the extent such costs are 57,296
incurred.
Capital Improvements Bond Service 57,298
The foregoing appropriation item 090-900, Capital 57,300
Improvements Bond Service, shall be used for the purpose of 57,301
paying the principal and interest on General Obligation 57,302
Infrastructure Improvement Bonds issued pursuant to the Ohio 57,303
Constitution and acts of the General Assembly. If it is 57,304
1239
determined that additional appropriations are necessary, such 57,305
amounts are hereby appropriated. 57,306
Section 98.02. Police and Firemen's Death Benefit Fund 57,309
The foregoing appropriation item 090-575, Police and Fire 57,311
Death Benefits, shall be disbursed by the Treasurer of State in 57,312
quarterly payments at the beginning of each quarter to the Board 57,313
of Trustees of the Police and Firemen's Disability and Pension 57,314
Fund. By the twentieth day of June of each year, the Board of 57,315
Trustees of the Police and Firemen's Disability and Pension Fund 57,316
shall certify to the Treasurer of State the amount disbursed in 57,317
each quarter of the current fiscal year to make the payments 57,318
required by section 742.63 of the Revised Code and shall return 57,319
to the Treasurer of State moneys received from this item but not 57,320
disbursed.
Section 98.03. Local Government Y2K Program 57,322
The Treasurer of State may use up to $20 million over the 57,324
1999-2001 biennium from the Linked Deposit Program to implement a 57,325
Local Government Y2K Program. The program will assist county, 57,326
municipal corporation, and township governments with computer 57,327
system and related technical adaptations needed for the accurate 57,328
reading of century dates, or Y2K compliance.
Section 99. UST PETROLEUM UNDERGROUND STORAGE TANK 57,330
RELEASE COMPENSATION BOARD 57,331
State Special Revenue Fund Group 57,333
691 810-632 PUSTRCB Staff $ 908,000 $ 927,924 57,338
TOTAL SSR State Special Revenue 57,339
Fund Group $ 908,000 $ 927,924 57,342
TOTAL ALL BUDGET FUND GROUPS $ 908,000 $ 927,924 57,345
Section 100. OVH OHIO VETERANS' HOME 57,348
General Revenue Fund 57,350
GRF 430-100 Personal Services $ 13,756,623 $ 13,678,901 57,355
GRF 430-200 Maintenance $ 5,077,497 $ 5,259,631 57,359
TOTAL GRF General Revenue Fund $ 18,834,120 $ 18,938,532 57,362
Federal Special Revenue Fund Group 57,365
1240
3L2 430-601 Federal Grants $ 7,949,495 $ 7,949,495 57,370
TOTAL FED Federal Special Revenue 57,371
Fund Group $ 7,949,495 $ 7,949,495 57,374
State Special Revenue Fund Group 57,377
4E2 430-602 Veterans Home 57,380
Operating $ 4,400,000 $ 4,300,000 57,382
484 430-603 Rental and Service 57,384
Revenue $ 102,300 $ 104,755 57,386
604 430-604 Veterans Home 57,388
Improvement $ 593,175 $ 607,411 57,390
TOTAL SSR State Special Revenue 57,391
Fund Group $ 5,095,475 $ 5,012,166 57,394
TOTAL ALL BUDGET FUND GROUPS $ 31,879,090 $ 31,900,193 57,397
Section 101. VET VETERANS' ORGANIZATIONS 57,400
General Revenue Fund 57,402
VAP AMERICAN EX-PRISONERS OF WAR 57,403
GRF 743-501 State Support $ 24,444 $ 25,030 57,408
VAN ARMY AND NAVY UNION, USA, INC. 57,410
GRF 746-501 State Support $ 53,723 $ 55,012 57,415
VKW KOREAN WAR VETERANS 57,417
GRF 747-501 State Support $ 48,294 $ 49,453 57,422
VJW JEWISH WAR VETERANS 57,424
GRF 748-501 State Support $ 29,018 $ 29,715 57,429
VCW CATHOLIC WAR VETERANS 57,431
GRF 749-501 State Support $ 56,631 $ 57,990 57,436
VPH MILITARY ORDER OF THE PURPLE HEART 57,438
GRF 750-501 State Support $ 55,056 $ 56,377 57,443
VVV VIETNAM VETERANS OF AMERICA 57,445
GRF 751-501 State Support $ 177,947 $ 185,954 57,450
VAL AMERICAN LEGION OF OHIO 57,452
GRF 752-501 State Support $ 241,462 $ 252,328 57,457
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 57,459
GRF 753-501 State Support $ 728,535 $ 237,919 57,464
VAV DISABLED AMERICAN VETERANS 57,466
1241
GRF 754-501 State Support $ 159,146 $ 166,308 57,471
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 57,473
GRF 755-501 State Support $ 4,127 $ 4,226 57,478
VMC MARINE CORPS LEAGUE 57,480
GRF 756-501 State Support $ 82,270 $ 85,972 57,485
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 57,487
GRF 757-501 State Support $ 5,807 $ 5,946 57,492
VFW VETERANS OF FOREIGN WARS 57,494
GRF 758-501 State Support $ 163,846 $ 196,615 57,499
VWI VETERANS OF WORLD WAR I 57,501
GRF 759-501 State Support $ 24,444 $ 25,031 57,506
TOTAL GRF General Revenue Fund $ 1,854,750 $ 1,433,876 57,509
TOTAL ALL BUDGET FUND GROUPS $ 1,854,750 $ 1,433,876 57,512
Release of Funds 57,515
The foregoing appropriation items 743-501, 746-501, 57,517
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 57,518
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 57,519
Support, shall be released upon approval by the Director of 57,520
Budget and Management.
American Ex-Prisoners of War 57,522
The American Ex-Prisoners of War shall be permitted to 57,524
share an office with the Veterans of World War I. 57,525
Central Ohio United Services Organization 57,527
Of the foregoing appropriation item 751-501, State Support, 57,529
Vietnam Veterans of America, $50,000 in each fiscal year shall be 57,531
used to support the activities of the Central Ohio USO. 57,532
National World War II Memorial Fund 57,534
Of the foregoing appropriation item 753-501, State Support, 57,536
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 57,537
2000 shall be used for the contribution to the National World War 57,538
II Memorial Fund. The Director of Budget and Management shall 57,539
not release any funds for the National World War II Memorial 57,540
until the project has commenced construction and the national
capital campaign has received ninety per cent of its goal through 57,541
1242
cash received or commitments. 57,542
Veterans Service Commission Education 57,544
Of the foregoing appropriation item 753-501, State Support, 57,546
up to $20,000 in each fiscal year may be used to provide moneys 57,547
to the Association of County Veterans Service Commissioners to 57,548
reimburse its member county veterans service commissions for 57,549
costs incurred in carrying out educational and outreach duties 57,550
required under divisions (E) and (F) of section 5901.03 of the 57,551
Revised Code. Upon the presentation of an itemized statement to 57,552
the Office of Veterans Affairs, the office shall direct the 57,553
Auditor of State to issue a warrant upon the state treasury to 57,554
the association to reimburse member commissions for reasonable 57,555
and appropriate expenses incurred performing these duties. The 57,556
association shall establish uniform procedures for reimbursing 57,557
member commissions.
Section 102. DVM STATE VETERINARY MEDICAL BOARD 57,559
General Services Fund Group 57,561
4K9 888-609 Operating Expenses $ 476,815 $ 470,773 57,566
TOTAL GSF General Services 57,567
Fund Group $ 476,815 $ 470,773 57,570
TOTAL ALL BUDGET FUND GROUPS $ 476,815 $ 470,773 57,573
Section 103. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 57,576
General Revenue Fund 57,578
GRF 920-321 Operating Expenses $ 256,395 $ 256,836 57,583
TOTAL GRF General Revenue Fund $ 256,395 $ 256,836 57,586
State Special Revenue Fund Group 57,589
4V9 920-602 Women's Policy and 57,592
Research Commission
Fund $ 5,000 $ 5,000 57,594
TOTAL SSR State Special Revenue 57,595
Fund Group $ 5,000 $ 5,000 57,598
TOTAL ALL BUDGET FUND GROUPS $ 261,395 $ 261,836 57,601
Women's Policy and Research Commission Spending Review 57,604
The Women's Policy and Research Commission shall explore, 57,606
1243
with The Ohio State University or any other state university, 57,607
better options for utilizing state resources provided to the 57,608
commission. The commission shall make spending efficiency 57,609
recommendations to the Governor and the General Assembly by June
30, 2000. 57,610
Section 104. DYS DEPARTMENT OF YOUTH SERVICES 57,612
General Revenue Fund 57,614
GRF 470-401 RECLAIM Ohio $ 148,126,420 $ 156,117,444 57,619
GRF 470-402 Community Program 57,621
Services $ 2,422,163 $ 2,418,255 57,623
GRF 470-404 Vocational 57,625
Rehabilitation $ 262,144 $ 268,435 57,627
GRF 470-412 Lease Rental Payments $ 13,675,000 $ 16,300,000 57,631
GRF 470-501 Rehabilitation 57,633
Subsidy $ 2,271,193 $ 2,271,193 57,635
GRF 470-502 Detention Subsidy $ 5,884,408 $ 5,839,502 57,639
GRF 470-510 Youth Services $ 21,245,799 $ 21,755,698 57,643
GRF 472-321 Parole Operations $ 16,529,366 $ 16,920,719 57,647
GRF 474-321 Facilities Activation $ 3,000,000 $ 0 57,651
GRF 477-321 Administrative 57,653
Operations $ 13,574,689 $ 13,892,543 57,655
GRF 477-406 Interagency 57,657
Collaborations $ 250,000 $ 250,000 57,659
TOTAL GRF General Revenue Fund $ 227,241,182 $ 236,033,789 57,662
General Services Fund Group 57,665
175 470-613 Education 57,668
Reimbursement $ 8,234,088 $ 8,433,953 57,670
4A2 470-602 Child Support $ 207,192 $ 302,659 57,674
4G6 470-605 General Operational 57,676
Funds $ 10,000 $ 10,000 57,678
479 470-609 Employee Food Service $ 142,613 $ 140,263 57,682
523 470-621 Wellness Program $ 63,800 $ 63,800 57,686
TOTAL GSF General Services 57,687
Fund Group $ 8,657,693 $ 8,950,675 57,690
1244
Federal Special Revenue Fund Group 57,693
321 470-601 Education $ 1,267,834 $ 1,653,736 57,698
321 470-603 Juvenile Justice 57,700
Prevention $ 1,134,083 $ 1,129,410 57,702
321 470-606 Nutrition $ 2,719,093 $ 2,795,228 57,706
321 470-610 Rehabilitation 57,707
Programs $ 179,326 $ 179,326 57,709
321 470-614 Title IV-E 57,711
Reimbursements $ 5,628,234 $ 5,417,088 57,713
321 470-617 Americorps Programs $ 248,617 $ 248,617 57,716
TOTAL FED Federal Special Revenue 57,717
Fund Group $ 11,177,187 $ 11,423,405 57,720
State Special Revenue Fund Group 57,723
147 470-612 Vocational Education $ 1,864,791 $ 1,911,569 57,728
TOTAL SSR State Special Revenue 57,729
Fund Group $ 1,864,791 $ 1,911,569 57,732
TOTAL ALL BUDGET FUND GROUPS $ 248,940,853 $ 258,319,438 57,735
Ohio Building Authority Lease Payments 57,738
The foregoing appropriation item 470-412, Lease Rental 57,740
Payments, in the Department of Youth Services, shall be used for 57,741
payments, limited to the aggregate amount of $29,975,000, to the 57,742
Ohio Building Authority for the period from July 1, 1999, to June 57,743
30, 2001, pursuant to the primary leases and agreements for 57,744
facilities made under Chapter 152. of the Revised Code which are 57,745
the source of funds pledged for bond service charges on related 57,746
obligations issued pursuant to Chapter 152. of the Revised Code. 57,747
RECLAIM Ohio 57,749
In determining the amount of moneys necessary to fund the 57,751
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal 57,752
years 2000 and 2001, the Department of Youth Services shall 57,753
compute the number of state target youth for each fiscal year. 57,754
As defined in section 5139.01 of the Revised Code, "state target 57,756
youth" means twenty-five per cent of the projected total number 57,757
of felony-level delinquency adjudications in the juvenile courts 57,758
1245
for each year of a biennium, factoring in revocations and 57,759
recommitments. The foregoing appropriation item 470-401, RECLAIM 57,760
Ohio, shall provide for an amount not less than $98 per day for 57,761
each state target youth or not less than $20,000 per year for 57,762
each state target youth for each year of the biennium. 57,763
Of the foregoing appropriation item 470-401, RECLAIM Ohio, 57,765
$50,000 in each fiscal year shall be distributed to Lighthouse 57,766
Youth Services.
Community Program Services 57,768
Of the foregoing appropriation item 470-402, Community 57,770
Program Services, $25,000 in each fiscal year shall be used for 57,771
the City of Cincinnati parental responsibility program. Of the 57,772
foregoing appropriation item 470-402, Community Program Services, 57,773
$25,000 in fiscal year 2000 shall be distributed to the Artworks 57,774
Youth Employment Program. Of the foregoing appropriation item 57,775
470-402, Community Program Services, $35,000 in fiscal year 2000 57,776
shall be distributed to the Mahoning County Boys and Girls Club. 57,777
Vocational Rehabilitation 57,779
The Department of Youth Services and the Rehabilitation 57,781
Services Commission shall enter into an interagency agreement for 57,782
the provision of vocational rehabilitation services and staff to 57,783
mutually eligible clients. The foregoing appropriation item 57,784
470-404, Vocational Rehabilitation, shall be used to provide 57,785
vocational rehabilitation services and staff in accordance with 57,786
the interagency agreement. The Department of Youth Services may 57,787
transfer additional moneys to appropriation item 470-404, 57,788
Vocational Rehabilitation, with Controlling Board approval. 57,789
Detention Subsidy 57,791
Notwithstanding any law or rule to the contrary, of the 57,793
foregoing appropriation item 470-502, Detention Subsidy, $235,000 57,794
in fiscal year 2000 shall be distributed to the Muskingum County 57,795
Detention Center. 57,796
Employee Food Service and Equipment 57,798
Notwithstanding section 125.14 of the Revised Code, the 57,800
1246
foregoing appropriation item 470-609, Employee Food Service, may 57,801
be used to purchase any food operational items with funds 57,802
received into the fund from reimbursement for state surplus 57,803
property.
Education Reimbursement 57,805
The foregoing appropriation item 470-613, Education 57,807
Reimbursement, shall be used to fund the operating expenses of 57,808
providing educational services to youth supervised by the 57,809
Department of Youth Services. Operating expenses include, but 57,810
are not limited to, teachers' salaries, maintenance costs, and 57,811
educational equipment. This appropriation item shall not be used 57,812
for capital expenses. 57,813
Financial Assistance for Juvenile Rehabilitation and 57,815
Treatment Facilities
Pursuant to section 5139.28 of the Revised Code, grants 57,817
awarded for financial assistance for the operation and 57,818
maintenance of schools or other facilities shall be in an amount 57,819
not to exceed one-half of the cost of operating and maintaining 57,820
such schools or facilities, but may not exceed in any one month 57,822
$540 multiplied by the average daily enrollment in each fiscal 57,823
year.
Financial Assistance for Juvenile Detention Facilities 57,825
Pursuant to section 5139.281 of the Revised Code, funding 57,827
provided to a county for the operation and maintenance of each 57,828
home shall be in an amount of fifty per cent of the approved 57,829
annual operating cost, but shall not be in excess of $156,928 in 57,830
each fiscal year. 57,831
Section 105. Investment Earnings on Tobacco Master 57,833
Settlement Agreement Fund 57,834
All investment earnings on moneys deposited in the Tobacco 57,836
Master Settlement Agreement Fund (Fund 087), which was created by 57,837
the Controlling Board on March 15, 1999, shall be credited to the 57,838
Tobacco Master Settlement Agreement Fund (Fund 087). On July 1, 57,839
1999, or as soon thereafter as possible, the Director of Budget 57,840
1247
and Management shall transfer the investment earnings on Fund 087 57,841
for fiscal year 1999, which were credited to the General Revenue
Fund, from the General Revenue Fund to Fund 087. 57,842
Section 106. OPLIN Technology Fund 57,844
The Director of Budget and Management shall transfer any 57,846
amount remaining in the OPLIN Technology Fund at the end of 57,847
fiscal year 1999 to the General Revenue Fund. 57,848
Section 107. Local OBES/ODHS Integration Initiatives 57,850
In anticipation of the merger of the Ohio Department of 57,852
Human Services (ODHS) and the Ohio Bureau of Employment Services 57,853
(OBES) into the Ohio Department of Job and Family Services, and 57,854
as part of the implementation of the federal Work Force 57,855
Investment Act (WIA), local integration initiatives may be
established jointly by OBES and ODHS in fiscal year 2000 or 2001. 57,856
In one or more of the initiatives, a local work force development 57,857
board may be created and appointed by local elected officials to 57,858
replace the current existing service delivery areas (SDAs) - 57,859
private industry council (PIC), the job service employer
committee, and the county human services planning committee, and 57,860
to serve as the federally required work force investment board if 57,862
the area qualifies. In serving in that capacity for the
aforementioned boards, the work force development board shall 57,863
provide direct oversight of the funding and operations of 57,864
programs such as the Ohio Works First Program, Job Training 57,865
Partnership Act (JTPA)/(WIA) Programs, and other State of Ohio
employment and training/work force development activities carried 57,866
out by the Ohio Bureau of Employment Services and the local 57,867
county department of human services. A work force development 57,868
board that replaces a county human services planning committee 57,869
shall perform the committee's duties under sections 307.98, 57,870
329.02, and 329.06 of the Revised Code. The initiatives may be 57,871
expanded to include surrounding counties with the approval of 57,872
local elected officials and the Directors of the Ohio Department 57,873
of Human Services and the Ohio Bureau of Employment Services. In
1248
addition to these oversight functions, the work force development 57,874
board through the State of Ohio and local partners shall provide 57,875
planning and coordination related to all vocational, educational, 57,876
and employment and training programs requiring coordination under 57,877
the WIA within the county. The local board of county 57,879
commissioners or other local elected officials shall perform the 57,880
administrative functions for the local initiatives and provide
monthly information to the Directors of ODHS and OBES concerning 57,881
the operational issues, services, finances, and performance 57,882
measures that must be correctly addressed for successful 57,883
implementation of the Work Force Investment Act.
Section 108. Adult Emergency Assistance Program 57,885
Appropriations in appropriation item 400-512, Non-TANF 57,887
Emergency Assistance, in fiscal year 2000 and appropriations in 57,889
appropriation item 600-512, Non-TANF Emergency Assistance, in 57,890
fiscal year 2001 shall be used for the Adult Emergency Assistance 57,891
Program established under section 5101.86 of the Revised Code. 57,892
Section 109. Expenditure of Funds 57,894
Any moneys which the Controlling Board authorizes for 57,896
expenditure pursuant to section 131.35 of the Revised Code are 57,897
hereby appropriated for the period ending June 30, 2001. 57,898
Section 110. Unexpected Refunds 57,900
Any refunds which the Controlling Board authorizes pursuant 57,902
to section 131.39 of the Revised Code are hereby appropriated for 57,903
the period ending June 30, 2001. 57,904
Section 111. Personal Service Expenses 57,906
Unless otherwise prohibited by law, each appropriation in 57,908
this act from which personal service expenses are paid shall bear 57,909
the employer's share of public employees' retirement, workers' 57,910
compensation, disabled workers' relief, and all group insurance 57,911
programs; the costs of centralized accounting, centralized 57,912
payroll processing, and related personnel reports and services; 57,913
the cost of the Office of Collective Bargaining; the cost of the 57,914
Personnel Board of Review; the cost of the Employee Assistance 57,915
1249
Program; the cost of the Equal Opportunity Center; the costs of 57,916
interagency information management infrastructure; and the cost 57,917
of administering the state employee merit system as required by 57,918
section 124.07 of the Revised Code. Such costs shall be 57,919
determined in conformity with appropriate sections of law and 57,920
paid in accordance with procedures specified by the Office of 57,921
Budget and Management. Expenditures from appropriation item 57,922
070-601, Public Audit Expense - Local Government, in Fund 422 may 57,923
be exempt from the requirements of this section. 57,924
Section 112. Reissuance of Voided Warrants 57,926
In order to provide funds for the reissuance of voided 57,928
warrants pursuant to section 117.47 of the Revised Code, there is 57,929
hereby appropriated, out of moneys in the state treasury from the 57,930
fund credited as provided in section 117.47 of the Revised Code, 57,931
that amount sufficient to pay such warrants when approved by the 57,932
Office of Budget and Management. 57,933
Section 113.* Capital Project Settlements 57,935
This section specifies an additional and supplemental 57,937
procedure to provide for payments of judgments and settlements if 57,938
the Director of Budget and Management determines, pursuant to 57,939
division (C)(4) of section 2743.19 of the Revised Code, that 57,940
sufficient unencumbered moneys do not exist in the particular 57,941
appropriation to pay the amount of a final judgment rendered 57,942
against the state or a state agency, including the settlement of 57,943
a claim approved by a court, in an action upon and arising out of 57,944
a contractual obligation for the construction or improvement of a 57,945
capital facility if the costs under such contract were payable in 57,946
whole or in part from a state capital projects appropriation. In 57,947
such a case, the director may either proceed pursuant to division 57,948
(C)(4) of section 2743.19 of the Revised Code, or apply to the 57,949
Controlling Board to increase an appropriation or create an 57,951
appropriation out of any unencumbered moneys in the state 57,952
treasury to the credit of the capital projects fund from which 57,953
the initial state appropriation was made. The Controlling Board 57,954
1250
may approve or disapprove the application as submitted or 57,955
modified. The amount of an increase in appropriation or new 57,956
appropriation specified in an application approved by the 57,957
Controlling Board is hereby appropriated from the applicable 57,958
capital projects fund and made available for the payment of the 57,959
judgment or settlement.
If the director does not make the application authorized by 57,961
this section or the Controlling Board disapproves the 57,962
application, and the director does not make application pursuant 57,963
to division (C)(4) of section 2743.19 of the Revised Code, the 57,964
director shall for the purpose of making that payment request to 57,965
the General Assembly as provided for in division (C)(5) of that 57,966
section.
Section 114. Income Tax Distribution to Counties 57,968
There are hereby appropriated out of any moneys in the 57,970
state treasury to the credit of the General Revenue Fund, which 57,971
are not otherwise appropriated, funds sufficient to make any 57,972
payment required by division (B)(2) of section 5747.03 of the 57,973
Revised Code. 57,974
Section 115. Satisfaction of Judgments and Settlements 57,976
Against the State 57,977
An appropriation contained in this act may be used for the 57,979
purpose of satisfying judgments or settlements in connection with 57,980
civil actions against the state in federal court not barred by 57,981
sovereign immunity or the Eleventh Amendment to the Constitution 57,982
of the United States, or for the purpose of satisfying judgments, 57,983
settlements, or administrative awards ordered or approved by the 57,984
Court of Claims in connection with civil actions against the 57,985
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 57,986
appropriations to be applied to or used for payment of guarantees 57,987
by or on behalf of the state, for or relating to lease payments 57,988
or debt service on bonds, notes, or similar obligations and those 57,989
from the Sports Facilities Building Fund (Fund 024), the Highway 57,990
1251
Safety Building Fund (Fund 025), the Administrative Building Fund 57,991
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 57,992
Juvenile Correctional Building Fund (Fund 028), the 57,993
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 57,994
(Fund 031), the School Building Program Assistance Fund (Fund 57,995
032), the Mental Health Facilities Improvement Fund (Fund 033), 57,996
the Higher Education Improvement Fund (Fund 034), the Parks and 57,997
Recreation Improvement Fund (Fund 035), the State Capital 57,998
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 58,000
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 58,001
state to suit in any forum in which it is not otherwise subject 58,002
to suit, nor is it intended to waive or compromise any defense or 58,003
right available to the state in any suit against it. 58,004
Section 116.* Utility Radiological Safety Board 58,006
Assessments
The maximum amounts that may be assessed against nuclear 58,008
electric utilities in accordance with division (B)(2) of section 58,009
4937.05 of the Revised Code are as follows: 58,010
FY 2000 FY 2001 58,012
Department of Agriculture 58,014
Fund 4E4 Utility Radiological 58,016
Safety $100,211 $99,733
Department of Health 58,019
Fund 610 Radiation Emergency 58,021
Response $920,982 $921,584 58,022
Environmental Protection Agency 58,025
Fund 644 ER Radiological Safety $183,380 $184,893 58,027
Emergency Management Agency 58,030
Fund 657 Utility Radiological 58,032
Safety $822,079 $806,339 58,033
Section 117. Occupational and Licensing Board Fund 58,036
1252
Transfers
Notwithstanding any other provision of law to the contrary, 58,038
the Director of Budget and Management shall transfer any 58,039
remaining amounts of cash from the specified obsolete funds to 58,040
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 58,041
thirty days of the effective date of this section: State Board 58,042
of Cosmetology, Fund 4D3 Cosmetology Adjudication Fund. 58,043
Section 118. Reparations Fund Transfer to Fund 83P 58,045
Notwithstanding any provision of law to the contrary, the 58,047
Director of Budget and Management shall transfer, one time only, 58,048
$10,000,000 cash from the Reparations Fund created by section 58,049
2743.191 of the Revised Code (Fund 402) to the Trauma and 58,050
Emergency Medical Services Grants Fund (Fund 83P) upon the
enactment of H.B. 138 of the 123rd General Assembly. 58,051
Section 119. Lease Payments to OPFC, OBA, and Treasurer of 58,053
State
Certain appropriations are in this act for the purpose of 58,055
lease payments to the Ohio Public Facilities Commission, to the 58,057
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 58,060
by the Ohio Public Facilities Commission, the Ohio Building 58,061
Authority, or the Treasurer of State pursuant to the Ohio 58,064
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 58,065
purpose, such amounts are hereby appropriated. 58,066
Section 120. State and Local Rebate Authorization 58,068
There is hereby appropriated, from those funds designated 58,070
by or pursuant to the applicable proceedings authorizing the 58,071
issuance of state obligations, amounts computed at the time to 58,072
represent the portion of investment income to be rebated or 58,073
amounts in lieu of or in addition to any rebate amount to be paid 58,074
to the federal government in order to maintain the exclusion from 58,075
gross income for federal income tax purposes of interest on those 58,076
state obligations pursuant to Section 148(f) of the Internal 58,077
1253
Revenue Code. 58,078
Appropriations shall be posted and disbursed for these 58,080
purposes upon request and presentation of a voucher to the 58,081
Director of Budget and Management. 58,082
Section 121. Transfers of Cash and Outstanding Encumbrance 58,084
Balances
Any appropriation authority required by the Director of 58,086
Budget and Management to reestablish encumbrances in a fund or 58,087
appropriation item within an agency or between agencies pursuant 58,088
to section 126.15 of the Revised Code is hereby authorized and 58,089
appropriated.
Section 122. Federal Cash Management Improvement Act 58,091
Pursuant to the plan for compliance with the Federal Cash 58,093
Management Improvement Act required by section 131.36 of the 58,094
Revised Code, the Director of Budget and Management is authorized 58,095
to cancel and reestablish all or parts of encumbrances in like 58,096
amounts within the funds identified by the plan. Such amounts 58,097
necessary to reestablish all or parts of encumbrances are hereby 58,098
appropriated. 58,099
Section 123. Statewide Indirect Cost Recovery 58,101
Whenever the Director of Budget and Management determines 58,103
that an appropriation made to a state agency from a fund of the 58,104
state is insufficient to provide for the recovery of statewide 58,105
indirect costs pursuant to section 126.12 of the Revised Code, 58,106
the amount required for such purpose is hereby appropriated from 58,107
the available receipts of such fund. 58,108
Section 124. Human Services Stabilization Fund Transfers 58,110
to Budget Stabilization Fund for Fiscal Year 2000 and Fiscal Year 58,111
2001
(A) Notwithstanding section 131.41 and division (B)(1)(a) 58,114
of section 131.44 of the Revised Code, no later than July 10, 58,115
1999, the Director of Budget and Management shall transfer from 58,116
the Human Services Stabilization Fund to the Budget Stabilization 58,117
Fund any amount necessary for the balance of the Budget 58,118
1254
Stabilization Fund to equal five per cent of the General Revenue 58,120
Fund revenues of the preceding fiscal year. This transfer shall 58,121
be in lieu of the transfer that would otherwise have had to be 58,122
made from the General Revenue Fund, under division (B)(1)(a) of
section 131.44 of the Revised Code. 58,123
(B) Notwithstanding section 131.41 and division (B)(1)(a) 58,126
of section 131.44 of the Revised Code, no later than July 10, 58,127
2000, the Director of Budget and Management shall transfer from 58,128
the Human Services Stabilization Fund to the Budget Stabilization 58,129
Fund any amount necessary for the balance of the Budget 58,130
Stabilization Fund to equal five per cent of the General Revenue 58,132
Fund revenues of the preceding fiscal year. This transfer shall 58,133
be in lieu of the transfer that would otherwise have had to be 58,134
made from the General Revenue Fund, under division (B)(1)(a) of
section 131.44 of the Revised Code. 58,135
(C) In fiscal years 2000 and 2001, the investment earnings 58,137
on the first $100,000,000 of the balance in the Budget 58,138
Stabilization Fund shall be transferred by the Director of Budget 58,139
and Management to Fund 646, Low and Moderate Income Housing Trust 58,140
Fund. In each fiscal year, there shall be four transfers by the 58,141
Director of Budget and Management of the investment earnings to 58,142
the Low and Moderate Income Housing Trust Fund. The first such 58,143
transfer in each fiscal year shall be in October, after the first 58,144
quarter of investment earnings has been credited to the Budget 58,145
Stabilization Fund. The second transfer in each fiscal year 58,146
shall be in January, after the second quarter of investment 58,147
earnings has been credited to the Budget Stabilization Fund. The 58,148
third transfer in each fiscal year shall be in April, after the 58,149
third quarter of investment earnings has been credited to the 58,150
Budget Stabilization Fund. The fourth transfer in each fiscal 58,151
year shall be in June, after the fourth quarter of investment 58,152
earnings has been credited to the Budget Stabilization Fund. 58,153
Section 125. Transfers of Fiscal Year 1999 GRF Ending 58,155
Balances
1255
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 58,157
of section 131.44 of the Revised Code, fiscal year 1999 surplus 58,158
revenue shall be distributed as provided in division (B) of this 58,159
section.
(B)(1) The first $90,000,000 of such surplus revenue shall 58,161
be transferred from the General Revenue Fund to Fund 4Y4, the 58,163
SchoolNet Plus Fund, in the SchoolNet Commission. 58,165
(2) The next $325,700,000 of such surplus revenue shall be 58,167
transferred to Fund 021, the Public School Building Fund, and 58,169
such amount is hereby appropriated to item CAP-622, Public School 58,171
Buildings, in the School Facilities Commission. Such 58,172
appropriation shall become available on the ninety-first day
after this act is filed with the Secretary of State. The School 58,173
Facilities Commission may set aside up to twenty per cent of such 58,174
appropriation for the pilot program for low wealth school 58,176
districts with exceptional needs for immediate classroom facility 58,177
assistance that is described in division (B) of Section 26 of Am.
Sub. H.B. 850 of the 122nd General Assembly. 58,178
(3) The next $15,600,000 of such surplus revenue shall be 58,180
transferred to Fund 5E2, Disaster Services, within the 58,181
Controlling Board. Of this amount, $5,000,000 shall ultimately 58,182
be transferred to the Department of Natural Resources, to be used 58,183
for statewide flood mitigation projects. Up to $3,000,000 shall 58,184
be used for reimbursing local governments for costs associated 58,185
with tornado disaster relief in Hamilton and Warren Counties. 58,186
(4) The next $12,000,000 of such surplus revenue shall be 58,188
transferred to Fund 5D3, the High Definition Television Fund, 58,189
which is hereby created in the state treasury. Moneys in this 58,190
fund, which shall be administered by the Ohio Educational 58,191
Telecommunications Network Commission, shall be used only for 58,192
purchases of transmitter hardware. 58,193
(5) The next $9,000,000 of such surplus revenue shall be 58,195
transferred to Fund 4N4 for the purpose of providing local 58,196
matching dollars for federal grants for public transportation. 58,197
1256
(6) Any surplus revenue in excess of the amounts 58,199
distributed under divisions (B)(1) to (5) of this section shall 58,200
be transferred to the Income Tax Reduction Fund in accordance 58,201
with section 131.44 of the Revised Code.
Section 126. Transfers of Fiscal Year 2000 GRF Ending 58,203
Balances
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 58,205
of section 131.44 of the Revised Code, fiscal year 2000 surplus 58,206
revenue shall be distributed as provided in division (B) of this 58,207
section.
(B)(1) The first $4,400,000 of such surplus revenue shall 58,209
be transferred from the General Revenue Fund to Fund 5E2, 58,210
Disaster Services, within the Controlling Board. 58,211
(2) The next $9,000,000 of such surplus revenue shall be 58,213
transferred to Fund 002, the Highway Operating Fund, for the 58,214
purpose of providing local matching dollars for federal grants 58,215
for public transportation.
(3) The next $10,000,000 of such surplus revenue shall be 58,217
transferred to Fund 4Y4, SchoolNet Plus. This money shall be 58,218
used for distance learning projects. 58,219
(4) Any surplus revenue in excess of the amounts 58,221
distributed under divisions (B)(1) to (3) of this section shall 58,222
be transferred to the Income Tax Reduction Fund in accordance 58,223
with section 131.44 of the Revised Code. 58,224
Section 127. GRF Transfers on Behalf of the Statewide 58,226
Indirect Cost Allocation Plan 58,227
The total transfers made from the General Revenue Fund by 58,229
the Director of Budget and Management pursuant to this section 58,231
shall not exceed the amounts transferred into the General Revenue 58,233
Fund pursuant to division (B) of section 126.12 of the Revised 58,235
Code.
A director of an agency may certify to the Director of 58,237
Budget and Management the amount of expenses not allowed to be 58,238
included in the Statewide Indirect Cost Allocation plan pursuant 58,239
1257
to federal regulations, from any fund included in the Statewide 58,240
Indirect Cost Allocation plan, prepared as required by section 58,241
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 58,244
available to pay for such expenses, the Director of Budget and 58,245
Management may transfer from the General Revenue Fund into the 58,246
fund for which the certification is made, up to the amount of the 58,247
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 58,248
pursuant to section 126.02 of the Revised Code, a request for 58,249
funding for such activities from an alternative source such that 58,250
further federal disallowances would not be required. 58,251
The Director of Administrative Services may certify to the 58,253
Director of Budget and Management the amount of building rent 58,254
expense or building debt service expense paid by state agencies 58,255
from funds other than the General Revenue Fund to the General 58,256
Revenue Fund which is not an allowed cost for reimbursement under 58,257
federal grant programs. The Director of Budget and Management
may refund the amount of the disallowed cost from the General 58,258
Revenue Fund to either the fund from which the payment was 58,259
originally made or the federal grantor agency, as appropriate. 58,260
If additional appropriations are required to make such refunds, 58,261
the amounts are hereby appropriated.
Section 128. Reappropriation of Unexpended Balances for 58,263
Certain Operating Expenses Encumbered Prior to Close of Fiscal 58,264
Year
An unexpended balance of an appropriation or 58,266
reappropriation that a state agency has lawfully encumbered prior 58,267
to the close of a fiscal year is hereby reappropriated on the 58,268
first day of July of the following fiscal year from the fund from 58,269
which it was originally appropriated or reappropriated for the 58,270
following period and shall remain available only for the purpose 58,271
of discharging the encumbrance:
(A) For an encumbrance for an operating expense, for a 58,273
1258
period of not more than five months from the end of the fiscal 58,274
year. For the purposes of this section, an "operating expense" 58,275
is an encumbrance incurred for personal services, maintenance, 58,276
equipment, or items for resale, other than an encumbrance for an 58,277
item of special order manufacture not available on term contract 58,278
or in the open market or for reclamation of land or oil and gas
wells. 58,279
(B) For an encumbrance for an item of special order 58,281
manufacture not available on term contract or in the open market, 58,282
for a period of not more than five months from the end of the 58,283
fiscal year or, with the written approval of the Director of 58,284
Budget and Management, for a period of not more than twelve 58,285
months from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and 58,287
gas wells, for a period ending when the encumbered appropriation 58,288
is expended;
(D) For an encumbrance for any other expense, other than a 58,290
capital expense and other than an encumbrance set out in division 58,291
(A), (B), or (C) of this section, for such period as the director 58,292
approves.
Any items for which unexpended balances are reappropriated 58,294
beyond a five-month period from the end of the fiscal year, 58,295
pursuant to division (B) of this section, shall be reported to 58,296
the Controlling Board by the Director of Budget and Management by 58,297
the thirty-first day of December of each year. The report on 58,298
each such item shall include the item, the cost of the item, the 58,299
vendor involved, and the reappropriation period approved by the 58,300
director. Such report to the board shall be updated on a
quarterly basis for encumbrances remaining open. 58,301
Upon the expiration of the reappropriation period set out 58,303
in division (A), (B), (C), or (D) of this section, a 58,305
reappropriation made pursuant to this section shall lapse, and 58,306
the Director of Budget and Management shall cancel such
encumbrance no later than the end of the weekend following the 58,307
1259
expiration of the reappropriation period. 58,308
If the Controlling Board has approved a contract upon which 58,310
an encumbrance that is the subject of this section is based, that 58,311
approval remains valid as long as the encumbrance remains open 58,312
pursuant to this section and the agency need not return to the 58,313
board for a new approval.
Section 129. Federal Government Interest Requirements 58,315
Notwithstanding any provision of law to the contrary, on or 58,317
before the first day of September of each fiscal year, the 58,318
Director of Budget and Management, in order to reduce the payment 58,319
of adjustments to the federal government, as determined by the 58,320
plan prepared pursuant to division (A) of section 126.12 of the 58,321
Revised Code, may designate such funds as the director considers 58,322
necessary to retain their own interest earnings.
Section 130. Moratorium for New MR/DD Residential Facility 58,324
Beds
(A) During the period beginning July 1, 1999, and ending 58,326
June 30, 2001, the Department of Mental Retardation and 58,327
Developmental Disabilities shall not issue development approval 58,328
for, nor license under section 5123.19 of the Revised Code, new 58,329
residential facility beds for persons with mental retardation or 58,330
developmental disabilities, except that the department may 58,331
approve the development or licensure, or both, of such new beds 58,332
in an emergency. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code specifying what constitutes 58,333
an emergency for the purposes of this section. 58,334
(B) For the purposes of division (A) of this section, the 58,336
following shall not be considered new beds: 58,337
(1) Beds relocated from one facility to another, if the 58,339
facility from which the beds are relocated reduces the number of 58,340
its beds by the same number of beds that are relocated to the 58,341
other facility;
(2) Beds to replace others that the Director of Health 58,343
determines no longer comply with the standards of the Medical 58,344
1260
Assistance Program established under Chapter 5111. of the Revised 58,345
Code and Title XIX of the "Social Security Act," 49 Stat. 620 58,347
(1935), 42 U.S.C.A. 301, as amended.
Section 131. The Auditor of State shall serve as financial 58,349
supervisor to any financial planning and supervision commission 58,350
established pursuant to section 118.05 of the Revised Code on or 58,351
after the effective date of this section and as financial 58,352
supervisor to any financial planning and supervision commission 58,353
established pursuant to that section before that date upon the 58,354
termination of any existing contract with a firm of certified 58,355
public accountants approved by the Controlling Board as 58,356
authorized by division (G) of that section before its amendment 58,357
by this act.
Section 132. (A) The Director of Commerce shall prepare a 58,360
report that analyzes both of the following: 58,361
(1) The total amount of unclaimed funds collected by the 58,363
Department of Commerce over a period of at least six months; 58,364
(2) What portion of that amount represents unclaimed funds 58,366
resulting from business to business transactions. 58,367
For purposes of this section, "business to business 58,370
transactions" includes, but is not limited to, outstanding credit 58,371
balances, checks or memoranda, overpayments for goods or 58,372
services, unidentified remittances, nonrefunded overcharges, 58,373
accounts receivable, discounts, refunds, and rebates. 58,374
(B) To facilitate the collection of the necessary data, 58,376
the Director may adopt rules establishing the methods by which 58,377
the Department is to separately identify those unclaimed funds 58,378
that are the result of business to business transactions. 58,379
(C) Not later than January 1, 2001, the Director shall 58,381
submit a copy of the report to the Governor, the Speaker and 58,382
Minority Leader of the House of Representatives, and the 58,384
President and Minority Leader of the Senate.
Section 133.* Licensing of Mental Health Residential 58,386
Facilities
1261
The amendment of section 5119.22 of the Revised Code by 58,388
this act, which provides for two-year full licenses to be issued 58,389
to residential facilities by the Department of Mental Health, 58,390
does not affect the expiration date of a full license that was 58,391
issued before the effective date of this section. On and after 58,392
the effective date of this section, the department shall renew
full licenses originally issued prior to the effective date of 58,393
this section for a two-year period in accordance with the 58,394
amendment of section 5119.22 of the Revised Code by this act. 58,395
Section 134. The jurisdiction, including all control and 58,397
supervision, over the state-owned building located at 25 South 58,398
Front Street, Columbus, Ohio, is hereby transferred from the Ohio 58,399
Department of Transportation to the Department of Administrative 58,400
Services.
Section 135. The amendments to section 3109.18 of the 58,402
Revised Code by this act shall not affect the term of any member 58,404
of a child abuse and child neglect advisory board serving on the 58,405
effective date of this section. Vacancies on the board shall be 58,406
filled in accordance with section 3109.18 of the Revised Code. 58,407
Section 136. Upon finalization of the dejournalization 58,409
process, as established by the Ohio Department of Transportation, 58,410
jurisdiction, including all control and supervision, over all 58,411
real estate purchased by the State of Ohio in conjunction with 58,412
the Colerain Connector Project, otherwise known as HAM-127-5,47, 58,413
is hereby transferred from the Ohio Department of Transportation 58,414
to the City of Cincinnati. The City of Cincinnati shall use this 58,415
real estate for a public purpose. If the City of Cincinnati 58,416
ceases to use the real estate for a public purpose, all right, 58,417
title, and interest in the real estate shall immediately revert 58,418
to the Ohio Department of Transportation without need for further 58,419
action by the Ohio Department of Transportation. 58,420
Section 137.* All items set forth in this section are 58,422
hereby appropriated out of any moneys in the state treasury to 58,423
the credit of the Administrative Building Fund (Fund 026). 58,425
1262
Revenues of the Administrative Building Fund shall consist of 58,427
proceeds of obligations authorized to pay the costs of capital 58,428
facilities, as defined in section 152.09 of the Revised Code, for 58,429
the following improvements:
OVH OHIO VETERANS' HOME 58,430
CAP-759 Veterans' Home Construction $ 4,200,000 58,433
Total Ohio Veterans' Home $ 4,200,000 58,435
Total Administrative Building Fund $ 4,200,000 58,437
Veterans' Home Construction 58,440
Upon notification of the availability of a federal 58,442
Department of Veterans Affairs state home construction grant, the 58,443
Ohio Veterans' Home may seek authority from the Controlling Board 58,445
for release of funds in the foregoing appropriation item, 58,446
CAP-759, Veterans' Home Construction, to assist with the cost of 58,447
construction of an additional state-operated, 168-bed veterans' 58,448
home. 58,449
Expenditures from appropriations contained in this act 58,451
shall be accounted for as though made in Am. Sub. H.B. 850 of the 58,452
122nd General Assembly. The appropriations made in this act are 58,453
subject to all provisions of Am. Sub. H.B. 850 of the 122nd 58,454
General Assembly that are generally applicable to such 58,455
appropriations.
Section 138.* The Ohio Building Authority is hereby 58,457
authorized to issue and to sell, in accordance with the 58,458
provisions of Section 2I of Article VIII, Ohio Constitution, and 58,460
Chapter 152. and other applicable sections of the Revised Code, 58,461
original obligations in an additional principal amount of 58,462
$4,200,000, in addition to the original issuance of obligations 58,463
heretofore authorized by prior acts of the General Assembly to 58,464
pay costs associated with previously authorized capital 58,465
facilities, the owners or holders of which shall have no right to 58,466
have excises or taxes levied by the General Assembly for the 58,467
payment of principal or interest thereon. 58,468
Section 139. Sunset of Hospital Care Assurance Program 58,470
1263
That Section 153 of Am. Sub. H.B. 117 of the 121st General 58,472
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General 58,473
Assembly, be amended to read as follows: 58,474
"Sec. 153. (A) Section 5112.20 of the Revised Code is 58,476
hereby repealed, effective July 1, 1997. Sections 5112.01, 58,477
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 58,479
5112.10, 5112.11, 5112.18, 5112.19, 5112.21, and 5112.99 of the 58,480
Revised Code, as enacted by Am. Sub. H.B 117 of the 121st General 58,482
Assembly, are hereby repealed, effective July 1, 1999 2001. 58,483
(B) Any money remaining in the Legislative Budget Services 58,485
Fund on July 1, 1999 2001, the date that section 5112.19 of the 58,486
Revised Code is repealed by division (A) of this section, shall 58,488
be used solely for the purposes stated in THEN FORMER section 58,489
5112.19 of the Revised Code. When all money in the Legislative 58,492
Budget Services Fund has been spent after THEN FORMER section 58,493
5112.19 of the Revised Code is repealed under division (A) of 58,495
this section, the fund shall cease to exist." 58,496
Section 140. That existing Section 153 of Am. Sub. H.B. 58,498
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 58,500
215 of the 122nd General Assembly, is hereby repealed. 58,501
Section 141. That Section 3 of Am. Sub. H.B. 440 of the 58,503
121st General Assembly, as amended by Am. Sub. H.B. 621 of the 58,504
122nd General Assembly, be amended to read as follows: 58,505
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 58,507
122.27 of the Revised Code are hereby repealed, effective June 58,508
30, 1999 2001." 58,509
Section 142. That existing Section 3 of Am. Sub. H.B. 440 58,511
of the 121st General Assembly, as amended by Am. Sub. H.B. 621 of 58,512
the 122nd General Assembly, is hereby repealed. 58,513
Section 143. That Section 3 of Am. Sub. H.B. 621 of the 58,515
122nd General Assembly be amended to read as follows: 58,516
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, 58,518
and 901.83 of the Revised Code are hereby repealed, effective 58,519
June 30, 1999 JULY 1, 2001." 58,520
1264
Section 144. That existing Section 3 of Am. Sub. H.B. 621 58,522
of the 122nd General Assembly is hereby repealed. 58,523
Section 145. That Section 3 of Sub. H.B. 694 of the 122nd 58,525
General Assembly be amended to read as follows: 58,526
"Sec. 3. The amendment by this act SUB. H.B. 694 OF THE 58,529
122nd GENERAL ASSEMBLY of sections 5715.13 and 5715.19 of the 58,530
Revised Code is remedial legislation and applies to any complaint 58,531
that was timely filed under either of those sections respecting 58,532
valuations for tax year 1994, 1995, 1996, or 1997, and to 58,533
complaints filed for tax years 1998 and thereafter. 58,534
Notwithstanding division (A)(2) of section 5715.19 of the Revised 58,535
Code, any person authorized by this act to file a complaint under
section 5715.13 or 5715.19 of the Revised Code that timely filed 58,536
a complaint for tax year 1994, 1995, 1996, or 1997 may file a 58,537
complaint under those sections, as amended by this act, on or 58,538
before March 31, 1999 2000, respecting valuations for tax year 58,539
1994, 1995, 1996, 1997, or 1998, and the board of revision shall 58,540
proceed to hear the complaint as otherwise provided under Chapter 58,541
5715. of the Revised Code." 58,542
Section 146. That existing Section 3 of Sub. H.B. 694 of 58,544
the 122nd General Assembly is hereby repealed. 58,545
Section 147.* That Sections 3.01, 3.03, 21, and 30.25 of 58,547
Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 58,548
read as follows:
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 58,551
CAP-785 Rural Areas Historical Projects $ 440,000 58,554
CAP-786 Rural Areas Community Improvements $ 5,315,000 58,556
6,639,618 58,558
CAP-817 Urban Areas Community Improvements $ 12,508,150 58,560
14,708,150 58,562
CAP-818 Community Theatre Renovations $ 400,000 58,564
Total Department of Administrative Services $ 18,663,150 58,566
22,172,768 58,568
Rural Areas Historical Projects 58,571
1265
Of the foregoing appropriation item CAP-785, Rural Areas 58,573
Historical Projects, $100,000 shall be used for Hancock County 58,574
Historical Society Facility Improvements; $40,000 shall be used 58,575
for Harveysburg Community Historic Society; $50,000 shall be used 58,577
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 58,578
Historic Site Improvements; and $50,000 shall be used for Elmore 58,579
Historical Society. 58,580
Rural Areas Community Improvements 58,582
Of the foregoing appropriation item CAP-786, Rural Areas 58,584
Community Improvements, $100,000 shall be used for Hocking Valley 58,586
Railroad Improvements; $50,000 shall be used for Belmont County 58,587
Park District - Convention Center; $70,000 shall be used for 58,588
Aberdeen Huntington Community Center; $100,000 shall be used for 58,589
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 58,590
for Clinton County Senior Center; $150,000 shall be used for 58,591
Coshocton Infrastructure Improvements; $200,000 shall be used for 58,592
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 58,593
for Warsaw Community Improvements; $100,000 shall be used for 58,594
Washington Court House Downtown Redevelopment; $80,000 shall be 58,595
used for Gallia County Industrial Park Improvements; $150,000 58,596
shall be used for Desmond Hall Industrial Park; $100,000 shall be 58,597
used for Kenton Armory Improvements; $162,000 shall be used for 58,598
Sinking Springs Infrastructure Improvements; $20,000 shall be 58,599
used for Laurelville Community Improvements; $16,000 shall be 58,600
used for Gibisonville Community Recreation Center Improvements; 58,601
$150,000 shall be used for Holmes County Historic Building 58,602
Improvements; $500,000 shall be used for Davis-Shai House 58,603
Historical Site; $100,000 shall be used for Maritime Museum in 58,604
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 58,605
Restoration; $90,000 shall be used for Big Island Nature Center 58,606
Improvements; $300,000 shall be used for Medina County Arts 58,607
Center Improvements; $142,000 shall be used for Graysville 58,608
Community Center; $49,000 shall be used for Roseville Community 58,609
1266
Center Improvements; $100,000 shall be used for South Zanesville 58,610
Community Improvements; $20,000 shall be used for Corning 58,611
Community Center; $50,000 shall be used for Waverly Community 58,612
Improvements; $20,000 shall be used for Garrettsville Veterans 58,613
Memorial; $6,000 shall be used for Palmyra Township Veterans 58,614
Memorial; $100,000 shall be used for Deerfield Township Hall 58,615
Civic Improvements; $35,000 shall be used for Preble County 58,616
Coliseum Planning; $300,000 shall be used for Richland Academy of 58,618
Arts and Sciences Discovery Center; $50,000 shall be used for 58,619
Village of Pleasant Plain Community Improvements; $48,000 shall 58,620
be used for Village of South Lebanon Infrastructure Improvements; 58,622
$41,000 shall be used for Rehabilitate Senior Housing - 58,623
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 58,624
Belpre; $100,000 shall be used for New Matamoras Senior Center; 58,625
$25,000 shall be used for West Salem Town Hall Improvements; 58,626
$40,000 shall be used for Pemberville Opera House Restoration; 58,627
$40,000 shall be used for Grand Rapids Village Hall Restoration; 58,628
$500,000 shall be used for Liberty Commons Infrastructure Project 58,629
- Lima; $50,000 shall be used for Village of Morrow 58,630
Infrastructure Improvements; $100,000 shall be used for Fairfield 58,631
City Cultural Center; $63,000 shall be used for Sunbury Town 58,632
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 58,633
used for Ft. Steuben Land Office; $100,000 shall be used for 58,634
Columbiana County Port Authority; $25,000 shall be used for Noble 58,635
County Senior Center; $25,000 shall be used for Crawford County 58,636
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 58,637
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; $250,000 SHALL BE USED 58,638
FOR BELMONT COUNTY PARK DISTRICT INFRASTRUCTURE IMPROVEMENTS; 58,640
$200,000 SHALL BE USED FOR COSHOCTON COUNTY NORTH CORRIDOR 58,642
INFRASTRUCTURE IMPROVEMENTS; $100,000 SHALL BE USED FOR THE 58,643
HOLMES COUNTY HISTORIC BUILDING RENOVATION; $125,000 SHALL BE 58,644
USED FOR THE SUMMIT TOWNSHIP COMMUNITY BUILDING IN MONROE COUNTY; 58,646
1267
$100,000 SHALL BE USED FOR MORGAN COUNTY INFRASTRUCTURE 58,647
IMPROVEMENTS; $100,000 SHALL BE USED FOR THE MUSKINGUM COUNTY 58,648
EMERGENCY SHELTER ADDITION; $100,000 SHALL BE USED FOR NOBLE 58,649
COUNTY INFRASTRUCTURE IMPROVEMENTS; $42,618 SHALL BE USED FOR THE 58,650
HIGHLAND COUNTY IMPROVEMENT PROJECT; $100,000 SHALL BE USED FOR 58,652
MARIETTA CITY SCHOOLS ATHLETIC FACILITIES IMPROVEMENTS; $15,000 58,653
SHALL BE USED FOR BELMONT COUNTY MUSEUM IMPROVEMENTS; $15,000 58,655
SHALL BE USED FOR THE GUERNSEY COUNTY SENIOR CENTER; $7,000 SHALL 58,657
BE USED FOR CAMP TUSCAZOAR; $50,000 SHALL BE USED FOR NEW BOSTON 58,658
INFRASTRUCTURE IMPROVEMENTS; $10,000 SHALL BE USED FOR GALLIPOLIS 58,659
MAIN STREET IMPROVEMENTS; $10,000 SHALL BE USED FOR THE PICKAWAY 58,661
COUNTY LIBRARY/ASHVILLE PROJECT; $100,000 SHALL BE USED FOR THE 58,662
JOHN AND ANNIE GLENN MUSEUM; and $300,000 shall be used for 58,664
Zahn's Corner Industrial Park.
Urban Areas Community Improvements 58,666
Of the foregoing appropriation item CAP-817, Urban Areas 58,668
Community Improvements, $200,000 shall be used for Clermont 58,669
County Communications Center; $50,000 shall be used for The Civic 58,671
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 58,672
Planning; $25,000 shall be used for Friendly Center Renovations; 58,673
$5,000 shall be used for Toledo Golden Gloves - Equipment; 58,674
$50,000 shall be used for Sylvania Historical Society Building 58,675
Improvements; $50,000 shall be used for Toledo International 58,676
Youth Hostel Renovations; $100,000 shall be used for Fellows 58,677
Gardens - Mill Creek Park Improvements; $100,000 shall be used 58,678
for Weathervane Playhouse Addition; $100,000 shall be used for 58,679
Akron/Summit Community Action Agency Facility Improvements; 58,680
$136,000 shall be used for Akron Community Health Resources Inc. 58,681
Facility Improvements; $75,000 shall be used for Farmington 58,682
Senior Center Improvements; $85,000 shall be used for President 58,683
McKinley Home Site improvements; $187,150 shall be used for 58,684
Shaker Historical Museum; $400,000 shall be used for Solon 58,685
Community Arts Center; $25,000 shall be used for Orange Senior 58,686
1268
Center; $75,000 shall be used for Cincinnati Jewish Community 58,688
Center; $1,000,000 shall be used for Lincoln Heights Health 58,689
Center Improvements; $500,000 shall be used for Cook's Castle 58,690
Renovation; $40,000 shall be used for Toledo Jewish Community 58,691
Center; $100,000 shall be used for Youngstown Jewish Community 58,692
Center; $1,500,000 shall be used for Youngstown Parking Facility; 58,693
$150,000 shall be used for Canton Jewish Community Center; 58,694
$2,000,000 shall be used for Wilderness Center Facility 58,695
Improvements; $100,000 shall be used for Project AHEAD Facility 58,696
Improvements; $50,000 shall be used for Sagamore Hills Historical 58,697
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 58,698
Gardens; $250,000 shall be used for NEC World Series of Golf 58,699
Media Facility; $50,000 shall be used for Richfield Historic 58,700
District Improvements; $100,000 shall be used for Ohio Erie 58,701
Heritage Corridor Improvements; $150,000 shall be used for Hale 58,702
Farm Improvements; $1,750,000 shall be used for Wood County 58,703
Historic Building Renovation; $500,000 shall be used for 58,704
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall FIRE STATION; $50,000 shall be used for 58,705
City of University Heights Community Senior Center; $75,000 shall 58,707
be used for the J. Frank-Troy Senior Citizens Center; $50,000 58,708
shall be used for the Cleveland Health Museum; $50,000 shall be 58,709
used for the City of Euclid Land Purchase; $25,000 shall be used
for the Mahoning River Corridor of Opportunity Industrial Park; 58,710
$25,000 shall be used for University Heights Senior Citizen 58,711
Center Public Library; $50,000 shall be used for Columbus Fire 58,712
Museum; $50,000 shall be used for League Park Tourist Museum; 58,713
$100,000 shall be used for Mustill Store Exhibits in Cascade 58,714
Valley Park; and $30,000 shall be used for Warren Airport Runway 58,715
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 58,717
Community Improvements, $300,000 shall be used for Columbus 58,718
Family and Child Guidance Centers; $360,000 shall be used for 58,719
Central Community House; $180,000 shall be used for St. John 58,720
1269
Center; $500,000 SHALL BE USED FOR THE AKRON ART MUSEUM 58,722
EXPANSION; $100,000 SHALL BE USED FOR THE CINCINNATI MUSEUM 58,723
CENTER; $500,000 SHALL BE USED FOR THE SANDUSKY STATE THEATER; 58,724
$275,000 SHALL BE USED FOR RIVER WALK IN WARREN; $150,000 SHALL 58,725
BE USED FOR THE AMVETS CAREER CENTER; $125,000 SHALL BE USED FOR 58,727
THE CANTON PALACE THEATER ASSOCIATION; $500,000 SHALL BE USED FOR 58,731
THE CLEVELAND-MASSILLON ECONOMIC DEVELOPMENT PROJECT; $800,000 58,732
SHALL BE USED FOR THE COLUMBUS COLLEGE OF ART AND DESIGN; 58,734
$300,000 SHALL BE USED FOR THE STARLIGHT GATEWAY COLLABORATIVE; 58,735
$40,000 SHALL BE USED FOR THE LUCAS COUNTY OTTAWA COALITION 58,737
PROGRAM; $40,000 SHALL BE USED FOR THE LUCAS COUNTY GRACE 58,738
COMMUNITY CENTER; $40,000 SHALL BE USED FOR THE LUCAS COUNTY 58,739
FRIENDLY CENTER; $40,000 SHALL BE USED FOR THE LUCAS COUNTY 58,741
COLLINGWOOD ARTS PROGRAM; $40,000 SHALL BE USED FOR THE LUCAS 58,743
COUNTY COMMON SPACE PROGRAM; $50,000 SHALL BE USED FOR THE ELIZA 58,744
BRYANT SENIOR CENTER; and $60,000 shall be used for Wesley 58,746
Community Development Corporation. 58,747
Community Theatre Renovations 58,749
Of the foregoing appropriation item CAP-818, Community 58,751
Theatre Renovations, $100,000 shall be used for Cleveland Public 58,752
Theatre Improvements - Gordon Square; $125,000 shall be used for 58,753
Ariel Theatre Renovation; $125,000 shall be used for Markay 58,754
Theatre Renovations; and $50,000 shall be used for Lorain Palace 58,755
Theatre Improvements. 58,756
Sec. 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 58,759
CAP-047 Cincinnati Classical Music Hall of 58,762
Fame $ 300,000 58,763
CAP-050 Columbus Art Museum Facility Planning $ 250,000 58,765
CAP-053 Powers Auditorium Improvements $ 250,000 58,767
CAP-054 Dayton Performing Arts Center - 58,768
Planning and Phase I $ 250,000 58,769
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 58,771
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 58,773
CAP-062 Akron Art Museum - Planning $ 100,000 58,775
1270
CAP-063 ROBINS THEATRE PROJECT $ 50,000 58,778
CAP-799 CAPITOL CITY EXHIBIT FEASIBILITY $ 50,000 58,781
Total Arts And Sports Facilities Commission $1,825,000 58,783
1,925,000 58,785
Sec. 21. All items set forth in this section are hereby 58,789
appropriated out of any moneys in the state treasury to the 58,790
credit of the Arts Facilities Building Fund (Fund 030). Revenues 58,792
to the Arts Facilities Building Fund shall consist of proceeds of 58,793
obligations authorized to pay costs of the following capital 58,794
improvements:
Appropriations 58,795
AFC ARTS FACILITIES COMMISSION 58,796
CAP-001 National Aviation Hall of Fame $ 1,100,000 58,799
CAP-004 Valentine Theatre $ 3,500,000 58,801
CAP-005 Center for Science and Industry - 58,802
Columbus $ 5,500,000 58,803
CAP-010 Sandusky State Theatre Improvements $ 500,000 58,805
CAP-013 Stambaugh Hall Improvements $ 625,000 58,807
CAP-033 Woodward Opera House Renovation $ 250,000 58,809
CAP-037 Canton Palace Theatre Renovations $ 800,000 58,811
CAP-044 National Underground Railroad Freedom 58,812
Center $ 500,000 58,813
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 58,815
CAP-046 Cincinnati Museum Center Improvements $ 525,000 58,817
CAP-048 John and Annie Glenn Museum $ 600,000 58,819
500,000 58,820
CAP-049 Ohio Theatre Improvements $ 3,000,000 58,822
CAP-051 Akron Civic Theatre Improvements $ 600,000 58,824
CAP-052 Akron Art Museum $ 1,000,000 58,826
CAP-055 WACO Museum and Aviation Learning 58,827
Center $ 500,000 58,828
CAP-056 Ohio Center of Agriculture and 58,829
Industrial Technology Heritage Center $ 3,500,000 58,831
1271
CAP-058 Cedar Bog Nature Preserve Education 58,832
Center $ 1,000,000 58,833
CAP-061 Statewide Arts Facilities Planning $ 500,000 58,835
CAP-063 Robins Theatre Project $ 50,000 58,837
CAP-702 Campus Martius Museum Renovations $ 140,000 58,839
CAP-734 Hayes Presidential Center - Museum and 58,840
Home Improvements $ 1,000,000 58,841
CAP-735 Paul Lawrence Dunbar House $ 100,000 58,843
CAP-741 Adena State Memorial Renovations $ 350,000 58,845
CAP-742 Ft. Meigs Museum and Exhibit 58,846
Improvements $ 2,960,000 58,847
CAP-744 Zoar Village Visitor Center and 58,848
Building Renovations $ 875,000 58,849
CAP-753 Buffington Island State Memorial 58,850
Improvements $ 100,000 58,851
CAP-757 Schoenbrunn Village Restoration and 58,852
Renovations $ 211,000 58,853
CAP-758 Ft. Laurens Building and Site 58,854
Improvements $ 100,000 58,855
CAP-770 Serpent Mound State Memorial 58,856
Improvements $ 295,000 58,857
CAP-780 Harding Home State Memorial 58,858
Restorations $ 390,000 58,859
CAP-781 Historical Center - Archives and 58,860
Library Automation $ 450,000 58,861
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 58,863
CAP-788 Tallmadge Church Building Restoration $ 250,000 58,865
CAP-789 Neil Armstrong Air and Space Museum 58,866
Improvements $ 315,000 58,867
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 58,869
CAP-795 Local and Wide-area Networks $ 300,000 58,871
CAP-796 Moundbuilders State Memorial 58,872
Improvements $ 530,000 58,873
1272
CAP-797 National Afro-American Museum 58,874
Improvements $ 300,000 58,875
CAP-798 Multi-Site Fire and Security System 58,876
Improvements $ 100,000 58,877
CAP-799 Capitol City Exhibit Feasibility $ 50,000 58,879
CAP-800 Indian Mill State Memorial 58,880
Improvements $ 112,000 58,881
Total Arts Facilities Commission $37,294,000 58,883
34,094,000 58,885
Total Arts Facilities Building Fund $37,294,000 58,887
34,094,000 58,889
Center for Science and Industry-Columbus 58,892
Of the foregoing appropriation item CAP-005, Center for 58,894
Science and Industry-Columbus, $5,000,000 shall be used for the 58,895
John Glenn Theatre and $500,000 shall be used for AgScience 58,896
Experience Exhibits.
COSI-Columbus -- Local Administration of Capital Project 58,898
Contracts 58,899
Notwithstanding division (A) of section 3383.07 of the 58,901
Revised Code, the Ohio Arts and Sports Facilities Commission, 58,902
with respect to the foregoing appropriation item CAP-005, Center 58,903
for Science and Industry-Columbus, is authorized to administer 58,905
all or part of capital facilities project contracts involving 58,906
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 58,907
and Industry-Columbus, and the Ohio Arts and Sports Facilities 58,909
Commission in review of the project plans. The Ohio Arts and 58,910
Sports Facilities Commission shall enter into a contract with the 58,911
Center of Science and Industry-Columbus to administer the exhibit 58,912
fabrication and installation contracts, which contracts are not
subject to Chapter 123. or 153. of the Revised Code. 58,913
Schoenbrunn Village Restoration and Renovations 58,915
Of the foregoing appropriation item CAP-757, Schoenbrunn 58,917
Village Restoration and Renovations, up to $30,000 shall be used 58,919
1273
for safety improvements related to the New Philadelphia airport. 58,920
Ft. Laurens Building and Site Improvements 58,922
Of the foregoing appropriation item CAP-758, Ft. Laurens 58,924
Building and Site Improvements, $100,000 shall be used for the 58,925
full reconstruction of the site as formulated by the Friends of 58,926
Ft. Laurens Foundation.
Sec. 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 58,928
CAP-006 Basic Renovations $ 874,033 58,931
CAP-040 Building "D" Planning $ 1,500,000 58,933
CAP-041 Columbus College of Art and Design $ 100,000 58,935
CAP-049 OHIO THEATRE IMPROVEMENTS $ 3,000,000 58,939
Total Columbus State Community College $ 2,474,033 58,941
5,474,033"
Section 148.* That existing Sections 3.01, 3.03, 21, and 58,944
30.25 of Am. Sub. H.B. 850 of the 122nd General Assembly are 58,945
hereby repealed.
Section 149. That Section 3 of Am. Sub. H.B. 215 of the 58,947
122nd General Assembly, which contains a repeal of section 58,948
1751.68 of the Revised Code effective July 1, 1999, is hereby 58,949
repealed. The intent of this section is to remove the limitation 58,950
imposed by such repeal upon the continued existence of section 58,951
1751.68 of the Revised Code, which intent is not affected by the 58,952
rule of construction contained in section 1.57 of the Revised 58,953
Code. 58,954
Section 150.* (A) Section 50.48 of Am. Sub. H.B. 215 of 58,956
the 122nd General Assembly is hereby repealed. 58,957
(B) The repeal of Section 50.48 of Am. Sub. H.B. 215 of 58,959
the 122nd General Assembly is in confirmation of an identical 58,960
repeal of the section by Am. Sub. H.B. 770 of the 122nd General 58,961
Assembly. Am. Sub. H.B. 770 properly repealed the section in its 58,962
body, but failed to indicate the repeal in its title.
Section 151.* That Section 25 of Am. Sub. H.B. 650 of the 58,964
122nd General Assembly is hereby repealed. 58,965
Section 152.* Section 17.03 of Am. Sub. H.B. 850 of the 58,967
1274
122nd General Assembly is hereby repealed. 58,968
Section 153.* Section 1501.25 of the Revised Code is 58,970
hereby repealed, effective December 31, 2002. 58,971
Section 154.* (A) That section 101.64 of the Revised Code 58,973
is hereby repealed.
(B) The repeal by this act of section 101.64 of the 58,975
Revised Code is intended to confirm that such was the result 58,976
intended by the General Assembly in enacting Am. Sub. H.B. 649 of 58,977
the 122nd General Assembly. This section was made obsolete by 58,978
reforms Am. Sub. H.B. 649 made in the legislative printing laws. 58,979
The title of that act correctly indicated the repeal of section
101.64 of the Revised Code, but the outright repeal clause 58,980
erroneously indicated the repeal of section "102.64" of the 58,981
Revised Code. No section of the Revised Code bears the number 58,982
"102.64."
Section 155.* That the version of section 2108.15 of the 58,984
Revised Code that is to take effect on December 31, 2000, is 58,985
hereby repealed.
Section 156.* (A) That section 4121.07 of the Revised 58,987
Code is hereby repealed. 58,988
(B) The repeal by this act of section 4121.07 of the 58,990
Revised Code is intended to confirm that such was the result 58,991
intended by the General Assembly in enacting Am. Sub. H.B. 107 of 58,992
the 120th General Assembly. The outright repeal clause of that 58,993
act correctly indicated the repeal of section 4121.07 of the
Revised Code, but the title of that act erroneously indicated 58,994
that the section was being amended. 58,995
Section 157. Except as otherwise specifically provided in 58,997
this act, the codified sections of law amended or enacted in this 58,998
act, and the items of law of which the codified sections of law 58,999
amended or enacted in this act are composed, are subject to the 59,000
referendum. Therefore, under Ohio Constitution, Article II, 59,001
Section 1c and section 1.471 of the Revised Code, the codified 59,002
sections of law amended or enacted by this act, and the items of 59,003
1275
law of which the codified sections of law as amended or enacted 59,004
by this act are composed, take effect on the ninety-first day 59,005
after this act is filed with the Secretary of State. If, 59,006
however, a referendum petition is filed against any such codified 59,007
section of law as amended or enacted by this act, or against any 59,008
item of law of which any such codified section of law as amended 59,009
or enacted by this act is composed, the codified section of law 59,010
as amended or enacted, or item of law, unless rejected at the 59,011
referendum, takes effect at the earliest time permitted by law. 59,012
Section 158. Except as otherwise specifically provided in 59,014
this act, the repeal by this act of a codified section of law is 59,015
subject to the referendum. Therefore, under Ohio Constitution, 59,016
Article II, Section 1c and section 1.471 of the Revised Code, the 59,017
repeal by this act of a codified section of law takes effect on 59,018
the ninety-first day after this act is filed with the Secretary 59,019
of State. If, however, a referendum petition is filed against 59,020
any such repeal, the repeal, unless rejected at the referendum, 59,021
takes effect at the earliest time permitted by law. 59,022
Section 159. Sections 9.06, 9.07, 102.02, 103.73, 103.74, 59,024
109.081, 111.18, 118.01, 118.05, 118.08, 121.05, 122.011, 124.07, 59,026
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, 59,028
1181.18, 1309.401, 3353.06, 3383.08, 3702.52, 3702.57, 3702.58, 59,029
3702.68, 3705.24, 3734.06, 3734.18, 3734.28, 3734.57, 3745.11, 59,030
3748.07, 3748.13, 3793.10, 4105.17, 4117.24, 4301.10, 4301.30, 59,032
4301.43, 4511.191, 4511.83, 4703.36, 4703.37, 4713.10, 4717.07, 59,034
4723.08, 4729.54, 4730.11, 4731.281, 4732.14, 4736.12, 4741.17, 59,035
4741.19, 4747.05, 4747.06, 4747.07, 4747.10, 5101.03, 5101.16,
5101.46, 5101.50, 5101.501, 5101.502, 5101.86, 5111.23, 5111.231, 59,036
5112.03, 5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 5117.07, 59,038
5117.071, 5117.09, 5120.14, 5145.30, 5709.62, 5709.63, 5709.632, 59,039
5907.141, and 6109.21 of the Revised Code as amended or enacted 59,040
by this act, and the items of law of which such sections as 59,041
amended or enacted by this act are composed, are not subject to 59,042
1276
the referendum. Therefore, under Ohio Constitution, Article II, 59,043
Section 1d and section 1.471 of the Revised Code, such sections 59,044
as amended or enacted by this act, and the items of law of which 59,045
such sections as amended or enacted by this act are composed, go 59,046
into immediate effect when this act becomes law. 59,047
Section 160. (A) The amendment by this act to division 59,049
(C) of section 166.03 of the Revised Code constitutes an item of 59,050
law that is subject to the referendum. Therefore, under Ohio 59,051
Constitution, Article II, Section 1c and section 1.471 of the 59,052
Revised Code, this item of law takes effect on the ninety-first 59,053
day after this act is filed with the Secretary of State. If, 59,054
however, a referendum petition is filed against the item of law, 59,055
the item of law, unless rejected at the referendum, takes effect 59,056
at the earliest time permitted by law. 59,057
(B) The amendments by this act to division (B) of section 59,059
166.03 of the Revised Code constitute an item of law that is not 59,060
subject to the referendum. Therefore, under Ohio Constitution, 59,061
Article II, Section 1d and section 1.471 of the Revised Code, 59,062
this item of law goes into immediate effect when this act becomes 59,063
law.
Section 161. (A) The amendment by this act to division 59,065
(C)(3)(c) of section 5139.43 of the Revised Code constitutes an 59,066
item of law that is subject to the referendum. Therefore, under 59,067
Ohio Constitution, Article II, Section 1d and section 1.471 of 59,068
the Revised Code, this item of law takes effect on the 59,069
ninety-first day after this act is filed with the Secretary of 59,070
State. If, however, a referendum petition is filed against the 59,071
item of law, the item of law, unless rejected at the referendum, 59,072
takes effect at the earliest time permitted by law. 59,073
(B) The addition by this act of division (E) to, and the 59,075
amendment by this act to division (B)(2)(a) of, section 5139.43 59,076
of the Revised Code constitute an item of law that is not subject 59,077
to the referendum. Therefore, under Ohio Constitution, Article 59,078
II, Section 1d and section 1.471 of the Revised Code, divisions 59,079
1277
(B)(2)(a) and (E) of section 5139.43 of the Revised Code go into 59,080
immediate effect when this act becomes law. 59,081
Section 162.* Sections 121.371, 3109.13, 3109.14, 3109.15, 59,083
3109.16, 3109.17, and 3109.18 of the Revised Code, as amended by 59,084
this act, are subject to the referendum and shall take effect 59,085
January 1, 2001. Notwithstanding the provisions of section 59,087
3109.17 of the Revised Code that require the Children's Trust
Fund Board to make block grants to child abuse and child neglect 59,088
prevention advisory boards, the Children's Trust Fund Board may 59,090
make grants to child abuse and child neglect prevention programs 59,091
during the period January 1, 2001, through June 30, 2001. 59,092
Section 163. Section 5741.02 of the Revised Code, as 59,094
amended by this act, shall take effect on July 1, 2001. 59,095
Section 164. The repeal by this act of sections 1155.131 59,097
and 1163.17 of the Revised Code is not subject to the referendum. 59,098
Therefore, under Ohio Constitution, Article II, Section 1d and 59,099
section 1.471 of the Revised Code, the repeals go into immediate 59,100
effect when this act becomes law. 59,101
Section 165. Except as otherwise specifically provided in 59,103
this act, the uncodified sections of law amended or enacted in 59,104
this act, and the items of law of which the uncodified sections 59,105
of law amended or enacted in this act are composed, are not 59,106
subject to the referendum. Therefore, under Ohio Constitution, 59,107
Article II, Section 1d and section 1.471 of the Revised Code, the 59,108
uncodified sections of law amended or enacted in this act, and 59,109
the items of law of which the uncodified sections of law amended 59,110
or enacted in this act are composed, go into immediate effect 59,111
when this act becomes law.
Section 166. Uncodified sections of law amended or enacted 59,113
in this act, and items of law contained within the uncodified 59,114
sections of law amended or enacted in this act, that are marked 59,115
with an asterisk are subject to the referendum. Therefore, under 59,116
Ohio Constitution, Article II, Section 1c and section 1.471 of 59,117
the Revised Code, the uncodified sections and items of law marked 59,118
1278
with an asterisk take effect on the ninety-first day after this 59,119
act is filed with the Secretary of State. If, however, a 59,120
referendum petition is filed against an uncodified section or 59,121
item of law marked with an asterisk, the uncodified section or 59,122
item of law marked with an asterisk, unless rejected at the 59,123
referendum, takes effect at the earliest time permitted by law. 59,124
If the amending and existing repeal clauses commanding the 59,126
amendment of an uncodified section of law are both marked with 59,127
asterisks, the uncodified section as amended is deemed also to 59,128
have been marked with an asterisk. 59,129
An asterisk marking an uncodified section or item of law 59,131
has the form *. 59,132
This section defines the meaning and form of, but is not 59,134
itself to be considered marked with, an asterisk. 59,135
Section 167. If the amendment or enactment in this act of 59,137
a codified or uncodified section of law is subject to the 59,138
referendum, the corresponding indications in the amending, 59,139
enacting, or existing repeal clauses commanding the amendment or 59,140
enactment also are subject to the referendum, along with the 59,141
amendment or enactment. If the amendment or enactment by this 59,142
act of a codified or uncodified section of law is not subject to 59,143
the referendum, the corresponding indications in the amending, 59,144
enacting, or existing repeal clauses commanding the amendment or 59,145
enactment also are not subject to the referendum, the same as the 59,146
amendment or enactment. 59,147
Section 168. An item, other than an amending, enacting, or 59,149
repealing clause, that composes the whole or part of an 59,150
uncodified section contained in this act has no effect after June 59,151
30, 2001, unless its context clearly indicates otherwise. 59,152
Section 169. The Tax Commissioner shall make the 59,154
adjustments required by section 5117.071 of the Revised Code for 59,155
the first time in 1999, for use in determining eligibility for 59,157
energy credits or payments during the 1999-2000 winter heating 59,158
season. To facilitate the implementation of the adjustment 59,159
1279
mechanism in 1999, the commissioner may extend as necessary any 59,160
date specified in sections 5117.01 to 5117.12 of the Revised Code 59,161
for the performance of a particular action by the commissioner or 59,162
by an individual, energy company, or energy dealer. 59,163
Section 170. Sections 122.15, 122.152, 129.55, 129.63, 59,165
129.73, 718.01, 1555.12, 5528.36, 5703.052, 5703.053, 5727.01, 59,166
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 59,167
5727.48, 5727.50, 5727.60, and 5733.16 of the Revised Code, as 59,168
amended by this act, first apply to the excise tax year beginning 59,169
May 1, 2000. Sections 5727.24, 5727.25, 5727.26, 5727.27, 59,170
5727.28, and 5727.29 of the Revised Code, as enacted by this act, 59,171
first apply to gross receipts derived from taxable activities 59,172
that occur after April 30, 2000. Natural gas companies and 59,173
combined electric and gas companies must file an annual statement 59,174
pursuant to section 5727.31 of the Revised Code on or before 59,175
August 1, 2000, and the Tax Commissioner shall issue an 59,176
assessment pursuant to section 5727.38 of the Revised Code on or 59,177
before the first Monday in November for the period ending April 59,178
30, 2000. Such companies shall have made and shall make payments 59,179
of the excise tax on gross receipts imposed by section 5727.30 of 59,181
the Revised Code on or before October 15, 1999, March 1, 2000, 59,182
and June 1, 2000, in accordance with section 5727.31 of the 59,183
Revised Code.
Section 171. Any natural gas company that, as of July 1, 59,185
1999, has over three hundred thousand open access residential 59,186
customers shall pay $10,300,000 on June 30, 2001, as an advance 59,187
payment of the tax imposed by section 5727.24 of the Revised 59,188
Code, as enacted by this act, for the quarter ending June 30, 59,189
2001. This payment is an advance payment of the tax that is due 59,190
within 45 days after the last day of June as required by division 59,191
(A) of section 5727.25 of the Revised Code, as enacted by this 59,192
act. In the event that the natural gas company's liability for 59,193
the quarter ending June 30, 2001, is less than $10,300,000, the 59,194
remaining amount shall be applied to the natural gas company's 59,195
1280
liability for the quarter ending September 30, 2001. 59,196
Section 172. The Public Utilities Commission shall not 59,198
order any surcharge, refunds, or credits in the rates of any 59,199
natural gas company or combined electric and gas company as a 59,200
result of or in response to the amendment of sections 5727.01, 59,201
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 59,202
5727.48, 5727.50, and 5727.60 and the enactment of sections 59,203
5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and 5727.29 of the 59,204
Revised Code under this act. The commission is not precluded 59,205
from considering the effects of the refund set forth in section 59,206
5727.29 of the Revised Code, as enacted by this act, in the 59,207
context of adjusting rates in a rate proceeding under Chapters 59,208
4909. and 4929. of the Revised Code. 59,209
Section 173. (A) The amendment by this act of section 59,211
5733.05 of the Revised Code applies to tax years 2000 and 59,212
thereafter.
(B) Any corporation that was entitled, for tax year 1999, 59,215
to make an exclusion from its capital, surplus, undivided
profits, or reserves under former division (A)(6) of section 59,216
5733.05 of the Revised Code as it existed prior to its amendment 59,217
by Am. Sub. H.B. 215 of the 122nd General Assembly is entitled to 59,219
claim a nonrefundable credit against the corporation franchise 59,220
tax imposed by section 5733.06 of the Revised Code for tax year 59,221
2000. The amount of the credit shall equal the difference 59,222
between the amount of corporation franchise tax the corporation 59,223
paid for tax year 1999 and the amount of corporation franchise 59,224
tax that would have been due from the corporation for that year 59,225
if the exclusion was made; plus an amount that bears the same 59,226
ratio to the amount of any penalty or interest paid by the 59,227
corporation for that year that the difference in tax bears to the 59,228
amount of tax on account of which the penalty or interest is 59,229
charged.
If the credit exceeds the amount of tax due for tax year 59,231
2000, the corporation may claim the excess in succeeding tax 59,232
1281
years until the full amount of the credit has been claimed, 59,233
provided that the amount claimed in any tax year shall be 59,234
deducted from the amount carried forward to the following year. 59,235
This section expires June 30, 2000. 59,237
Section 174.* (A) Except as otherwise provided in 59,239
division (B) of this section, section 5733.33 of the Revised 59,240
Code, as amended by this act, applies to all purchases of new 59,241
manufacturing machinery and equipment made on or after January 1, 59,242
2001, and to all baseline years used to compute any credit 59,244
attributable to such purchases.
(B) Division (I) of section 5733.33 of the Revised Code, 59,246
as amended by this act, may be applied solely at the election of 59,247
the taxpayer with respect to all purchases of new manufacturing 59,248
machinery and equipment made before January 1, 2001, and to all 59,249
baseline years used to compute any credit attributable to such 59,250
purchases. Such an election may be made by a taxpayer at any 59,251
time, subject to the following: 59,252
(1) The election is irrevocable. 59,254
(2) The election need not accompany a timely filed report, 59,256
but the election may accompany a subsequently filed but timely 59,257
application for refund, a subsequently filed but timely amended 59,258
report, or a subsequently filed but timely petition for 59,259
reassessment. 59,260
Section 175. Sections 5733.39 and division (A)(8) of 59,262
section 5733.98 of the Revised Code, as amended or enacted by 59,264
this act, apply to taxable years beginning on or after January 1, 59,265
2001.
Section 176. Divisions (A)(12) and (13) of section 5733.98 59,267
of the Revised Code, as amended by this act, and sections 59,269
5733.351 and 5733.42 of the Revised Code, as enacted by this act, 59,270
shall first apply to taxable years beginning on and after January 59,271
1, 2002.
Section 177. The amendment of sections 5112.03, 5112.06, 59,273
5112.07, 5112.08, 5112.09, and 5112.17 of the Revised Code is not 59,274
1282
intended to supersede the earlier repeal, with delayed effective 59,276
date, of those sections.
Section 178. Section 102.02 of the Revised Code is 59,278
presented in this act as a composite of the section as amended by 59,279
both Sub. H.B. 26 and Am. Sub. H.B. 650 of the 122nd General 59,280
Assembly, with the new language of neither of the acts shown in 59,281
capital letters. This is in recognition of the principle stated 59,282
in division (B) of section 1.52 of the Revised Code that such 59,283
amendments are to be harmonized where not substantively 59,284
irreconcilable and constitutes a legislative finding that such is 59,285
the resulting version in effect prior to the effective date of 59,286
this act.
Section 179. Section 121.24 of the Revised Code is 59,288
presented in this act as a composite of the section as amended by 59,289
both Sub. H.B. 473 and Am. Sub. H.B. 538 of the 121st General 59,290
Assembly, with the new language of neither of the acts shown in 59,292
capital letters. This is in recognition of the principle stated 59,293
in division (B) of section 1.52 of the Revised Code that such 59,294
amendments are to be harmonized where not substantively 59,295
irreconcilable and constitutes a legislative finding that such is 59,296
the resulting version in effect prior to the effective date of 59,297
this act.
Section 180. Section 127.16 of the Revised Code is 59,299
presented in this act as a composite of the section as amended by 59,300
both Am. Sub. H.B. 649 and Am. Sub. H.B. 850 of the 122nd General 59,301
Assembly, with the new language of neither of the acts shown in 59,303
capital letters. This is in recognition of the principle stated 59,304
in division (B) of section 1.52 of the Revised Code that such 59,305
amendments are to be harmonized where not substantively 59,306
irreconcilable and constitutes a legislative finding that such is 59,307
the resulting version in effect prior to the effective date of 59,308
this act.
Section 181. Section 311.01 of the Revised Code is 59,310
presented in this act as a composite of the section as amended by 59,311
1283
both Sub. H.B. 351 and Sub. H.B. 670 of the 121st General 59,312
Assembly, with the new language of neither of the acts shown in 59,313
capital letters. This is in recognition of the principle stated 59,314
in division (B) of section 1.52 of the Revised Code that such 59,315
amendments are to be harmonized where not substantively 59,316
irreconcilable and constitutes a legislative finding that such is 59,317
the resulting version in effect prior to the effective date of 59,318
this act.
Section 182. Section 329.04 of the Revised Code is 59,320
presented in this act as a composite of the section as amended by 59,321
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 59,322
Assembly, with the new language of neither of the acts shown in 59,324
capital letters. This is in recognition of the principle stated 59,325
in division (B) of section 1.52 of the Revised Code that such 59,326
amendments are to be harmonized where not substantively 59,327
irreconcilable and constitutes a legislative finding that such is 59,328
the resulting version in effect prior to the effective date of 59,329
this act.
Section 183. Section 1547.67 of the Revised Code is 59,331
presented in this act as a composite of the section as amended by 59,332
both Am. Sub. H.B. 111 and Sub. H.B. 522 of the 118th General 59,333
Assembly, with the new language of neither of the acts shown in 59,335
capital letters. This is in recognition of the principle stated 59,336
in division (B) of section 1.52 of the Revised Code that such 59,337
amendments are to be harmonized where not substantively 59,338
irreconcilable and constitutes a legislative finding that such is 59,339
the resulting version in effect prior to the effective date of 59,340
this act.
Section 184. Section 3745.11 of the Revised Code is 59,342
presented in this act as a composite of the section as amended by 59,343
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 59,344
Assembly, with the new language of neither of the acts shown in 59,345
capital letters. This is in recognition of the principle stated 59,347
in division (B) of section 1.52 of the Revised Code that such 59,348
1284
amendments are to be harmonized where not substantively 59,349
irreconcilable and constitutes a legislative finding that such is 59,350
the resulting version in effect prior to the effective date of 59,351
this act.
Section 185. Section 4399.12 of the Revised Code is 59,353
presented in this act as a composite of the section as amended by 59,354
both Am. Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st General 59,355
Assembly, with the new language of neither of the acts shown in 59,357
capital letters. This is in recognition of the principle stated 59,358
in division (B) of section 1.52 of the Revised Code that such 59,359
amendments are to be harmonized where not substantively 59,360
irreconcilable and constitutes a legislative finding that such is 59,361
the resulting version in effect prior to the effective date of 59,362
this act.
Section 186. Section 5111.01 of the Revised Code is 59,364
presented in this act as a composite of the section as amended by 59,365
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 59,366
Assembly, with the new language of neither of the acts shown in 59,368
capital letters. This is in recognition of the principle stated 59,369
in division (B) of section 1.52 of the Revised Code that such 59,370
amendments are to be harmonized where not substantively 59,371
irreconcilable and constitutes a legislative finding that such is 59,372
the resulting version in effect prior to the effective date of 59,373
this act.
Section 187. Section 5139.43 of the Revised Code is 59,375
presented in this act as a composite of the section as amended by 59,376
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 59,377
Assembly, with the new language of neither of the acts shown in 59,379
capital letters. This is in recognition of the principle stated 59,380
in division (B) of section 1.52 of the Revised Code that such 59,381
amendments are to be harmonized where not substantively 59,382
irreconcilable and constitutes a legislative finding that such is 59,383
the resulting version in effect prior to the effective date of 59,384
this act.
1285
Section 188. If any item of law that constitutes the whole 59,386
or part of a codified or uncodified section of law contained in 59,387
this act, or if any application of any item of law that 59,388
constitutes the whole or part of a codified or uncodified section 59,390
of law contained in this act, is held invalid, the invalidity 59,391
does not affect other items of law or applications of items of 59,392
law that can be given effect without the invalid item of law or 59,393
application. To this end, the items of law of which the codified 59,394
and uncodified sections contained in this act are composed, and 59,395
their applications, are independent and severable.